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Terms & Conditions
The 'Provider'
referred to herein of the services means Freelance Network and the Customer
referred to herein means the purchaser of the service(s)
1. Services: This agreement sets out and covers
all Freelance Network monitoring services and any other related products and
services taken by the Customer.
2. Conditions of Use: Your use of Provider's
services is subject to the following conditions:
2a) Customer must not
cause or allow robots or other automated processes to act upon or interact with
Provider's systems or user interfaces without prior written permission from
Provider, and
2b) Customer must not use Provider's services in a way that
is in any way detrimental or that causes unreasonable load on Provider's
systems or unwanted load on systems with which Customer directs Provider's
services to interact, and
2c) Customer agree to accept suspend services for
maintenance scheduled or otherwise.
2d) Customer must allow free and
unrestricted monitoring of there site usage to take place so Provider is able
to calculate any fees or charges that a due under this agreement, some password
protected areas so called "Members Areas" are only available on a paid for
basis Freelance Network reserve the right to monitored usage for the accurate
calculations of fees payable by the Customer for the use of the Freelance
Network Members Areas.
2e Fees for the use of the "Members Area" may be on
a monthly annually or had-hock basis Provider will make it clear which payment
method is to be applied the Customers account prior to the start of the
service.
2f) The Customer shall not withhold from the Provider any due
payments if Customer is deemed to be in violation of clause 2d
3. Provider reserves the right to cancel Customer
accounts not in compliance with these conditions.
4. Data: Provider treats and holds all data
gathered as confidential and any emails that are sent are deemed to have been
delivered if sent to the address or request destination data we hold on the
Customers file Customer agrees that all data held by Provider may be used to
send information to Customer that in the opinion the Provider the Customer may
have an interest in. Provider shall not pass on to any third party save those
as requested to be informed by the Customer for the purpose of supplying the
said service. If Customer uses the Services of Provider there are no guarantees
or warranties that the information supplied if without error, the Customer
should use there own discretion as the that usefulness' and validity of the
said service and all data is supplied on an "As Is" basis without any
warranties whatsoever. Customer agrees not to publish or otherwise disclose
Data supplied by Provider and warrants to hold Provider and it's employees free
from any harm, litigation, damages, however so caused save that where Provider
has been found to be negligent is such a case the total recompense is limited
to the total amount of cleared payment made to Provider in respect of the
service provided.
5. Default and Remedies: Customer will be in
default under this Agreement if there is
5a) failure to pay any amount
when due or request by Provider or the provider's agents a grace period may be
provided a the discretion of the Provider for a limited period only and the
Customer will be liable to pay any interest on overdue amount at a rate set out
in this agreement
5b) Customer fails to comply with any provision of this
Agreement, or
5c) any representation made by Customer in this Agreement is
or becomes untrue
5d) The Customer if an individual becomes bankrupt or in
the case of a company goes into liquidation or become insolvent enters into a
voluntary credit arrangement with it's creditors.
If Customer is in default in any way, Provider may
immediately take any one or more of the following actions for protection:
(a) Declare all unpaid amounts due and payable;
(b) Terminate this
Agreement with respect to all or any part of the Services
(c) Take any
other lawful action Provider may deem appropriate to enforce Customer's
performance of this Agreement and/or obtain damages for Customer's breach.
If Customer defaults, he agrees to pay costs and any
legal fees Provider may incur in enforcing Provider's rights.
6. General Customer understands and agrees with
Provider as follows:
6a) Customer will comply with all laws, rules,
regulation and tariffs and protocols as necessary regarding any specific
applications and use of the Services.
6b) Cancellation and Assignment:
Until paid in full, Customer may neither cancel this Agreement nor transfer it.
Customer may neither assign his rights or duties without Provider's written
consent, which Provider may withhold at Provider's sole discretion
6c)
Provider may assign or subcontract all or part of Provider's rights and
obligations under this Agreement, in which event Customer will look only to
Provider's assignee and not to Provider for any further performance.
6d)
Automatic renewal: This Agreement will automatically renew at the annual or
other agreed service period at the service price unless Customer sends Provider
written notice of non renewal cancellation at least fifteen (15) days before
the end of the Agreement's term. Provider may cancel the automatic renewal term
by sending Customer written notice that Provider does not want the Agreement to
renew, at least fifteen (15) days before the end of any term of the Agreement.
7. Warranties: We are selling a service
provided via multiple public and private facilities, some of which are not
within our control. Provider does not warrant or guarantee the quality or
condition of the Service or data. Provider does not guarantee your subscribed
Services will be active and available 100% of the time and Provider or it's
partners will not be held liable for any of losses in the event that there is a
service failure. PROVIDER MAKES NO WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN
CONNECTION WITH THIS CONTRACT.
8. Miscellaneous:
8a) These terms and
conditions are the complete Agreement between the parties. This Agreement
supersedes all prior agreements, representations or promises made by Provider
or its representative verbally or in writing that differ in any way from these
terms and conditions.
8b) Any modifications of, or waiver of rights under,
this Agreement must be in writing signed by the party or parties to be bound by
the modification or waiver.
8c) No provision of any purchase order or other
document which Customer may issue covering any Provision of Services ordered by
the Customer will take precedence or modify the terms and conditions of this
Agreement: Customer agrees that any such purchase order or other document is
strictly for purposes of Customer's internal use.
8d) Any failure on
Provider's part to exercise Provider's rights, or remedies set out herein, any
delay in exercising Provider's rights, shall not be deemed to be waiver of
those rights, and waiver of any provision on any occasion shall not be
construed to be a waiver of any other provision or on any other occasion.
8e) If more than one Customer or Guarantor is named in this Agreement, each
shall be jointly and severally liable for all the provisions of the Customer
and Guarantor.
8f) Any notices required under this Agreement must be
delivered in person or mailed, properly addressed and with postage prepaid, or
via e-mail, to the party entitled to receive the notice.
8g) This Agreement
shall be interpreted under English law.
9. The numbering of the various clauses in this
agreement does not signify that one clause or sub clause has any greater
significance over any other clause, if any clause in this agreement is consider
to be null or void by a court all other clauses remain unaffected and in
force. |
