Privacy Policy

Quad Cities Hypnosis/Marian Spurgeon

PRIVACY POLICY

Marian Spurgeon (the “Company”) respects the privacy of its online visitors and customers of its products and services (including, but not limited to Quad Cities Hypnosis/Marian Spurgeon) and complies with applicable laws for the protection of your privacy, including, without limitation, the European Union General Data Protection Regulation ("GDPR") and the Swiss and EU Privacy Shield Frameworks.

1. Definitions
Wherever we talk about Personal Data below ("Personal Data"), we mean any information that can either itself identify you as an individual ("Personally Identifying Information") or that can be connected to you indirectly by linking it to Personally Identifying Information, for example: 
(i) your account registration information on our website and in our App; 
(ii) when you request any support from us or report any problem to us;
(iii) information provided from using certain services or features; 
(iv) information from completion of survey or questionnaire;
(v) technical information, including the Internet protocol (IP) address used 
(vi) and your log-in information, browser, time zone setting, browser plug-in types and versions, operating system and platform; 
(vii) details of any transactions, purchases and payments you made;  
(viii) your general interaction with the website, including the full Uniform Resource Locators (URLs), clickstream to, through and from our site, products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information;
(ix) information received from third parties, such as business partners, sub-contractors, payment and delivery services, referrals by other users.
The Company also processes anonymous data, aggregated or not, to analyze and produce statistics related to the habits, usage patterns, and demographics of customers as a group or as individuals. Such anonymous data does not allow the identification of the customers to which it relates. the Company may share anonymous data, aggregated or not, with third parties. Please be aware that the Company may choose to permit third parties to offer subscription and/or registration-based services through the Company's site. The Company shall not be responsible for any actions or policies of such third parties and you should check the applicable privacy policy of such party when providing personally identifiable information.
By using the Company's website, you signify your assent to the Company's privacy policy. If you do not agree to this policy, please do not use the Company's website(s). 
2. Why the Company Collects and Processes Data
The Company collects and processes Personal Data for the following reasons:
(a) performing our agreement with you to provide content and services, including providing, improving and developing our services; 
(b) researching, designing and launching new features or products; 
(c) providing you with alerts, updates, materials or information about our services or  other types of information that you requested or signed up to; 
(d) collecting overdue amounts; 
(e) responding or taking part in legal proceedings, including seeking professional  advice, or for the purposes of the legitimate and legal interests of the Company or a third party (e.g. the interests of our other customers); 
(f) compliance with legal obligations that we are subject to;
(g) communicating with you and responding to your questions or requests; 
(h) direct marketing - we require your consent specifically for this purpose and you may opt out any time;
(i) purposes directly related or incidental to the above; or
(j) where you have given consent to it.
These reasons for collecting and processing Personal Data determine and limit what Personal Data we collect and how we use it (section 3. below), how long we store it (section 4. below), who has access to it (section 5. below) and what rights and other control mechanisms are available to you as a user (section 6. below).
3. What Data We Collect and Process
3.1 Basic Account Data
When setting up an Account, the Company will collect your email address and country of residence. You are also required to choose a user name and a password. The provision of this information is necessary to register a User Account. You are responsible for keeping this password confidential. We ask you not to share a password with anyone.
During setup of your account, the account is automatically assigned a number (the "ID") that is later used to reference your user account without directly exposing Personally Identifying Information about you.
3.2 Transaction and Payment Data
In order to make a transaction online, you may need to provide payment data to the Company to enable the transaction. If you pay by credit card, you need to provide typical credit card information (name, address, credit card number, expiration date and security code) to the Company, which the Company will process and transmit to the payment service provider of your choice to enable the transaction and perform anti-fraud checks. Likewise, the Company will receive data from your payment service provider for the same reasons.
3.3 Other Data You Explicitly Submit
We will collect and process Personal Data whenever you explicitly provide it to us or send it as part of communication with others, e.g. in forums, chats, or when you provide feedback or other user-generated content. This data includes:
(a) Information that you post, comment or follow in any of our Content and Services;
(b) Information sent through chat;
(c) Information you provide when you request information or support from us or purchase Content and Services from us, including information necessary to process your orders with the relevant payment merchant or, in case of physical goods, shipping providers;
(d) Information you provide to us when participating in competitions, contests and tournaments or responding to surveys, e.g. your contact details.
3.4 Your Use of the Websites
We collect a variety of information through your general interaction with the websites, Content and Services offered by us. Personal Data we collect may include, but is not limited to, browser and device information, data collected through automated electronic interactions and application usage data. Likewise, we will track your process across your websites and applications to verify that you are not a bot and to optimize our services.
3.5 Your Use of Services and other Subscriptions
In order to provide you with services, we need to collect, store and use various information about your activity in our Content and Services. "Content-Related Information" includes your ID, as well as information about your preferences, progress, time spent, as well as information about the device you are using, including what operating system you are using, device settings, unique device identifiers, and crash data.
3.6 Tracking Data and Cookies
We use "Cookies", which are text files placed on your computer, to help us analyze how users use our services, and similar technologies (e.g. web beacons, pixels, ad tags and device identifiers) to recognize you and/or your device(s) on, off and across different devices and our services, as well as to improve the services we are offering, to improve marketing, analytics or website functionality. The use of Cookies is standard on the internet. Although most web browsers automatically accept cookies, the decision of whether to accept or not is yours. You may adjust your browser settings to prevent the reception of cookies, or to provide notification whenever a cookie is sent to you. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to access the full functionality of our websites. When you visit any of our services, our servers log your global IP address, which is a number that is automatically assigned to the network your computer is part of. 
3.7 Third Party Services
This website uses Google Analytics, Google Login, Facebook Login, Facebook Pixel ("Third Party Service"). Third Party Service uses "cookies", which are text files placed on visitors' computers, to help the website operators analyze how visitors use the site. The information generated by the cookie about the visitors' use of the website will generally be transmitted to and stored by Third Party Service on servers in the [United States]. Please be aware that Company cannot or does not control the use of cookies or the resulting information by the Third Party Service.
On behalf of the website operator, Third Party Service will use this information for the purpose of evaluating the website / location / credentials for its users, in order to compile reports on website activity, and to provide other services relating to website activity and internet usage for website operators. 
Third Party Service will not associate the IP address transferred any other data held by the Company. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that in this case you may not be able to use the full functionality of this website.
3.8 Content Recommendations
We may process information collected under section 3 so that content, products and services shown on the pages and in update messages displayed when launching the service can be tailored to meet your needs and populated with relevant recommendations and offers. This is done to improve your customer experience. 
Subject to your separate consent or where explicitly permitted under applicable laws on email marketing, the Company may send you marketing messages about products and services offered by the Company to your email address. In such a case we may also use your collected information to customise such marketing messages as well as collect information on whether you opened such messages and which links in their text you followed.
You can opt out or withdraw your consent to receive marketing emails at any time by either withdrawing the consent on the same page where you previously provided it or clicking the "unsubscribe" link provided in every marketing email. Notwithstanding any opt out of promotional or marketing emails by you, we reserve the right to contact you regarding account status, changes to the user agreement and other matters relevant to the underlying service and/or the information collected.
3.9 Information Required to Detect Violations
We collect certain data that is required for our detection, investigation and prevention of fraud, cheating and other violations of the applicable laws ("Violations"). This data is used only for the purposes of detection, investigation, prevention and, where applicable, acting on of such Violations and stored only for the minimum amount of time needed for this purpose. If the data indicates that a Violation has occurred, we will further store the data for the establishment, exercise or defence of legal claims during the applicable statute of limitations or until a legal case related to it has been resolved. Please note that the specific data stored for this purpose may not be disclosed to you if the disclosure will compromise the mechanism through which we detect, investigate and prevent such Violations.
4. How We Store Data
4.1 Period of Storage
We will store your information as long as necessary to fulfil the purposes for which the information is collected and processed or — where the applicable law provides for longer storage and retention period — for the storage and retention period required by law. In particular, if you terminate your User Account, your Personal Data will be marked for deletion except to the degree legal requirements or other prevailing legitimate purposes dictate a longer storage. All your data and credits will be lost after deletion.
4.2 Deletion of Data
In cases where Personal Data cannot be completely deleted in order to ensure the consistency of the system, the user experience or the community, your information will be permanently anonymized. Please note that the Company is required to retain certain transactional data under statutory commercial and tax law for a period of up to ten (10) years.
If you withdraw your consent on which a processing of your Personal Data, we will delete your Personal Data without undue delay to the extent that the collection and processing of the Personal Data was based on the withdrawn consent.
If you exercise a right to object to the processing of your Personal Data, we will review your objection and delete your Personal Data that we processed for the purpose to which you objected without undue delay, unless another legal basis for processing and retaining this data exists or unless applicable law requires us to retain the data.
4.3 Location of Storage
The data that we collect from you may be transferred to, and stored at USA, or a destination outside of your jurisdiction. It may also be processed by third parties who operate outside of your jurisdiction. By submitting your personal data you agree to this transfer, storing or processing of data outside of your jurisdiction. We will take all steps reasonably necessary to ensure that your data is treated securely in accordance with this privacy policy.
5. Who Has Access to Data
5.1 The Company and its subsidiaries may share your Personal Data with each other and use it to the degree necessary to achieve the purposes listed in section 2 above. This includes our overseas offices, affiliates, business partners and counterparts (on a need-to-know basis only). In the event of a reorganization, sale or merger we may transfer Personal Data to the relevant or proposed transferees of our operations (or a substantial part thereof) in any part of the world.
5.2 We may also share your Personal Data with our third party providers that provide customer support services in connection with goods, Content and Services distributed via us. Your Personal Data will be used in accordance with this Privacy Policy and only as far as this is necessary for performing customer support services. 
5.3 We may also share your information with our personnel, agents, advisers, auditors, contractors, financial institutions, and service providers in connection with our operations or services (for example staff engaged in the fulfilment of your order, the processing of your payment and the provision of support services); persons under a duty of confidentiality to us; or persons to whom we are required to make disclosure under applicable laws and regulations in any part of the world.
5.4 In accordance with internet standards, we may also share certain information (including your IP address and the identification of content you wish to access) with our third party network providers that provide content delivery network services and server services in connection with us. Our content delivery network providers enable the delivery of digital content you have requested, by using a system of distributed servers that deliver the content to you, based on your geographic location.
5.5 The Company may allow you to link your User Account to an account offered by a third party. If you consent to link the accounts, the Company may collect and combine information you allowed the Company to receive from a third party with information of your User Account to the degree allowed by your consent at the time. If the linking of the accounts requires the transmission of information about your person from the Company to a third party, you will be informed about it before the linking takes place and you will be given the opportunity to consent to the linking and the transmission of your information. The third party's use of your information will be subject to the third party's privacy policy, which we encourage you to review.
5.6 The Company may release Personal Data to comply with court orders or laws and regulations that require us to disclose such information.
5.7 We make certain data related to your User Account available to other users. This information can be accessed by anyone by querying your ID. At a minimum, the public persona name you have chosen to represent you are accessible this way. The accessibility of any additional info about you can be controlled through your user profile page; data publicly available on your profile page can be accessed automatically. While we do not knowingly share Personally Identifying Information about you such as your real name or your email address, any information you share about yourself on your public profile can be accessed, including information that may make you identifiable.
5.8 The community includes message boards, forums and/or chat areas, where users can exchange ideas and communicate with each other. When posting a message to a board, forum or chat area, please be aware that the information is being made publicly available online; therefore, you are doing so at your own risk; and that such information can be collected, correlated and used by third parties and may result in unsolicited messages from other posters or third parties and these activities are beyond our control. If your Personal Data is posted on one of our community forums against your will, please use the reporting function and the help site to request its removal.
6. Your Rights and Control Mechanisms
You have the right to:
(a) check whether we hold personal data about you;
(b) access any personal data we hold about you; 
(c) require us to correct any inaccuracy or error in any personal data we hold about you;
(d) request for the deletion of your personal data through the deletion of the user account.
The data protection laws of the European Economic Area and other territories grant their citizens certain rights in relation to their Personal Data. While other jurisdictions may provide fewer statutory rights to their citizens, we make the tools designed to exercise such rights available to our customers worldwide.
As a resident of the European Economic Area you have the following rights in relation to your Personal Data:
6.1 Right of Access
You have the right to access your Personal Data that we hold about you, i.e. the right to require free of charge (i) information whether your Personal Data is retained, (ii) access to and/or (iii) duplicates of the Personal Data retained. You can use the right to access your Personal Data through the Privacy Dashboard. If the request affects the rights and freedoms of others or is manifestly unfounded or excessive, we reserve the right to charge a reasonable fee (taking into account the administrative costs of providing the information or communication or taking the action requested) or refuse to act on the request.
6.2 Right to Rectification
If we process your Personal Data, we shall endeavour to ensure by implementing suitable measures that your Personal Data is accurate and up-to-date for the purposes for which it was collected. If your Personal Data is inaccurate or incomplete, you can change the information you provided via the Privacy Dashboard.
6.3. Right to Erasure
You have the right to obtain deletion by us of Personal Data concerning you by deleting your User Account via the support page.
As a result of deleting your User Account, you will lose access to services, including the User Account, Subscriptions and service-related information linked to the User Account and the possibility to access other services you are using the User Account for.
We allow you to restore your User Account during a grace period of 30 (thirty) days from the moment you request deletion of your User Account. This functionality allows you not to lose your account by mistake, because of your loss of your account credentials or due to hacking. During the suspension period, we will be able to finalize financial and other activities that you may have initiated before sending the User Account deletion request. After the grace period, Personal Data associated with your account will be deleted subject to section 4. above.
In some cases, deletion of your User Account, and therefore Personal Data deletion, is complicated. In some cases, considering the complexity and number of the requests, the period for Personal Data erasure may be extended, but for no longer than two further months.
6.4 Right to Object
When our processing of your Personal Data is based on legitimate interests according to Article 6(1)(f) of the GDPR / section 2.c) of this Privacy Policy, you have the right to object to this processing. If you object we will no longer process your Personal Data unless there are compelling and prevailing legitimate grounds for the processing as described in Article 21 of the GDPR; in particular if the data is necessary for the establishment, exercise or defence of legal claims.
You also have the right to lodge a complaint at a supervisory authority.
7. Children
The minimum age to create a User Account is 13. the Company will not knowingly collect Personal Data from children under this age. Insofar as certain countries apply a higher age of consent for the collection of Personal Data, the Company requires parental consent before a User Account can be created and Personal Data associated with it collected. The Company encourages parents to instruct their children to never give out personal information when online.
8. Contact Info
You can contact the Company's data protection officer at the address below.
While we review any request sent by mail, please be aware that to combat fraud, harassment and identity theft, the only way to access, rectify or delete your data is through logging in with your User Account at privacy@quadcitieshypnosis.com.
ACCOUNT_JOB_ADDRESS_MULTI_LINE
Attention: Privacy Officer
9. Revision Date
This privacy policy was last updated on 06 October 2021 ("Revision Date"). If you were a user before the Revision Date, it replaces the existing Privacy Policy. The Company reserves the right to change this policy at any time by notifying the users of the existence of a new privacy statement. This policy is not intended to and does not create any contractual or legal rights in or behalf of any party.

T&C of Website

quadcitieshypnosis.com
WEBSITE / APP TERMS AND CONDITIONS OF SERVICE / USER AGREEMENT

This Terms and Conditions Agreement ("Agreement") is a legal document that explains your rights and obligations as a user of quadcitieshypnosis.com from ACCOUNT_JOB_COMPANY (the “Company”).
quadcitieshypnosis.com is an online service offered by the Company. By accessing or using any website with an authorised link to the Website and/or the App, registering an account or accessing or using any content, information, services, features or resources available or enabled via the Website and/or the App (collectively, the "Services"), clicking on a button or taking another action to signify your acceptance of this Agreement, you:
(1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services;
(2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and
(3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organisation or other legal entity on whose behalf you use the Services.
Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Services.

1. REGISTRATION AS A USER; APPLICATION OF TERMS TO YOU; YOUR ACCOUNT
You become a user of Services ("User") by completing the registration of an account for Services (“Account”). This Agreement takes effect as soon as you indicate your acceptance of these terms. You may not become a User if you are under the age of 13. Services are not intended for persons under 13 and the Company will not knowingly collect personal information from persons under the age of 13.
When registering an Account, you agree to provide only true, accurate, current and complete information requested by the registration form (the "Registration Data") and to promptly update the Registration Data thereafter as necessary. The Registration Data may include personally identifiable information such as, your email address, name, phone number, postal address, personal data relating directly or indirectly to you, practicable for the identity of you and other information. Your submission of Registration Data through the Services is governed by Company’s Privacy Policy (the “Privacy Policy”), which we strongly advise and require you to read before using the Services.
You represent that you are not barred from using the Services under any applicable law and that you will be responsible for all activities that occur under your Account. You agree to monitor your Account to restrict its use by minors and other unauthorized users and agree not to share your Account or password with anyone. You further agree to notify the Company immediately of any unauthorized use of your password or any other breach of the security of your Account and to exit from your Account at the end of each session. You agree not to create an Account using a false identity or alias or if you previously have been banned from using any of the Services. You further agree that you will not maintain more than one Account for the same Company service at any given time. The Company reserves the right to remove or reclaim any usernames at any time and for any reason. You acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and inure to the benefit of the Company.
A. Contracting Party
For any interaction with Services, your contractual relationship is with the Company. Except as otherwise indicated at the time of the transaction, any transactions you make on Services are being made from the Company.
B. Subscriptions; Content and Services
As a User, you may obtain access to certain services, software and content available to Users. The Services service and any other software, content, and updates you download or access via Services, including but not limited to the Company or third-party content, and any virtual items you trade, sell or purchase in Services are referred to in this Agreement as “Content and Services”; the rights to access and/or use any Contents and Services accessible through Services are referred to in this Agreement as "Subscriptions".
Each Subscription allows you to access particular Content and Services. Some Subscriptions may impose additional terms specific to that Subscription ("Subscription Terms"). The Subscription Terms and the Company Privacy Policy are binding on you once you indicate your acceptance of them or of this Agreement.
C. Your Account
Your Account may also include billing information you provide to the Company for the purchase of Subscriptions, Content and Services and any physical merchandise offered for purchase through Services (“Product”). You may not reveal, share or otherwise allow others to use your password or Account except as otherwise specifically authorised by the Company. You are responsible for the confidentiality of your login and password and for the security of your computer system. The Company is not responsible for the use of your password and Account or for all of the communication and activity on Services that results from use of your login name and password by you, by any person to whom you may have intentionally or by negligence disclosed your login and/or password in violation of this confidentiality provision. Unless it results from the Company’s negligence or fault, the Company is not responsible for the use of your Account by a person who fraudulently used your login and password without your permission. If you believe that the confidentiality of your login and/or password may have been compromised, you must notify the Company via the support form support@quadcitieshypnosis.com without any delay.
Your Account, including any information pertaining to it (e.g.: contact information, billing information, Account history and Subscriptions, etc.), is strictly personal. You may therefore not sell or charge others for the right to use your Account, or otherwise transfer your Account, nor may you sell, charge others for the right to use, or transfer any Subscriptions other than if and as expressly permitted by this Agreement (including any Subscription Terms) or as otherwise specifically permitted by the Company.
D. Payment Processing
Payment processing related to Content and Services and/or physical goods purchased on Services is performed by either the Company directly or by the Company’s affiliates on behalf of the Company depending on the type of payment method used. In any case, delivery of Content and Services, as well as physical goods, is performed by the Company.
2. LICENSES
A. General Content and Services License
Services and your Subscription(s) require the automatic download and installation of Content and Services onto your computer. The Company hereby grants, and you accept, a non-exclusive license and right, to use the Content and Services for your personal, non-commercial use (except where commercial use is expressly allowed herein or in the applicable Subscription Terms). This license ends upon termination of (a) this Agreement or (b) a Subscription that includes the license. The Content and Services are licensed, not sold. Your license confers no title or ownership in the Content and Services. To make use of the Content and Services, you must have a Services Account and you may be required to be running the Services client and maintaining a connection to the Internet.
For reasons that include, without limitation, system security and stability, Services may need to automatically update, pre-load, create new versions of or otherwise enhance the Content and Services and accordingly, the system requirements to use the Content and Services may change over time. You consent to such automatic updating. You understand that this Agreement (including applicable Subscription Terms) does not entitle you to future updates, new versions or other enhancements of the Content and Services associated with a particular Subscription, although the Company may choose to provide such updates, etc. in its sole discretion.
B. License to Use the Company’s Content in Derivative Work
The Company appreciates the community of Users that creates secondary and audio-visual works that reference the Company’s content ("Derivative Work"). You may incorporate content from the Company into your Derivative Work. Except as otherwise set forth in this Clause or in any Subscription Terms, you may use, reproduce, publish, perform, display and distribute Derivative Work that incorporates content from the Company however you wish, but solely on a non-commercial basis.
If you incorporate any third-party content in any Derivative Work, you must be sure to obtain all necessary rights from the owner of that content.
C. Ownership of Content and Services
All title, ownership rights and intellectual property rights in and to the Content and Services and any and all copies thereof, are owned by the Company and/or its or its affiliates’ licensors. All rights are reserved, except as expressly stated herein. The Content and Services are protected by copyright laws, international copyright treaties and conventions and other laws. The Content and Services contains certain licensed materials and the Company’s and its affiliates’ licensors may protect their rights in the event of any violation of this Agreement.
D. Restrictions on Use of Content and Services
You may not use the Content and Services for any purpose other than the permitted access to Services and your Subscriptions, and to make personal, non-commercial use of your Subscriptions, except as otherwise permitted by this Agreement or applicable Subscription Terms. Except as otherwise permitted under this Agreement (including any Subscription Terms or Rules of Use), or under applicable law notwithstanding these restrictions, you may not, in whole or in part, copy, photocopy, reproduce, publish, distribute, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on, or remove any proprietary notices or labels from the Content and Services or any software accessed via Services without the prior consent, in writing, of the Company.
You are entitled to use the Content and Services for your own personal use, but you are not entitled to: (i) sell, grant a security interest in or transfer reproductions of the Content and Services to other parties in any way, nor to rent, lease or license the Content and Services to others without the prior written consent of the Company, except to the extent expressly permitted elsewhere in this Agreement (including any Subscription Terms or Rules of Use); (ii) host or provide services for the Content and Services or emulate or redirect the communication protocols used by the Company in any network feature of the Content and Services, through protocol emulation, tunnelling, modifying or adding components to the Content and Services, use of a utility program or any other techniques now known or hereafter developed, for any purpose including, but not limited to network over the Internet, network utilizing commercial or non-commercial networks or as part of content aggregation networks, websites or services, without the prior written consent of the Company; or (iii) exploit the Content and Services or any of its parts for any commercial purpose, except as expressly permitted elsewhere in this Agreement (including any Subscription Terms).
3. BILLING, PAYMENT AND OTHER SUBSCRIPTIONS
You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You also agree to pay all applicable taxes. You must provide the Company with valid payment information in connection with your orders. By providing the Company with your payment information, you agree that (i) the Company is authorised to immediately invoice your Account for all fees and charges due and payable to the Company hereunder, (ii) the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services), and (iii) no additional notice or consent is required for the foregoing authorisations. You agree to immediately notify the Company of any change in your payment information. The Company reserves the right at any time to change its prices and billing methods. If payment cannot be charged to your payment card or your payment is returned for any reason, the Company reserves the right to either suspend or terminate your access to the paid-for services.
All charges incurred on Services, and all purchases made with the Services, are payable in advance and final, except as described in the Services Refund Policy No refunds.

A. Payment Authorization
When you provide payment information to the Company or to one of its payment processors, you represent to the Company that you are the authorized user of the card, PIN, key or account associated with that payment, and you authorize Marian Spurgeon/Quad Cities Hypnosis to charge your credit card or to process your payment with the chosen third-party payment processor for any Subscription, Product or other fees incurred by you. the Company may require you to provide your address or other information in order to meet their obligations under applicable tax law.
If your use of Services is subject to any type of use or sales tax or VAT, then the Company may also charge you for those taxes, in addition to the Subscription or other fees published in the Rules of Use.
The European Union VAT (“VAT”) tax amounts collected by the Company reflect VAT due on the value of any Content and Services, Product or Subscription.

You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on content, to purchase at pricing not applicable to your geography, or for any other purpose. If you do this, the Company may terminate your access to your Account.
B. Responsibility for Charges Associated With Your Account
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. If you cancel your Account, the Company reserves the right to collect fees, surcharges or costs incurred before cancellation. Any delinquent or unpaid Accounts must be settled before the Company will allow you to register again.
C. Free Subscriptions
In some cases, the Company may offer a free Subscription to certain services, software and content. As with all Subscriptions, you are always responsible for any Internet service provider, telephone, and other connection fees that you may incur when using Services, even when the Company offers a free Subscription.
D. Third Party Sites
Services may provide links to other third party sites. Some of these sites may charge separate fees, which are not included in and are in addition to any Subscription or other fees that you may pay to the Company. Services may also provide access to third-party vendors, who provide content, goods and/or services on Services or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. the Company makes no representations or warranties, either express or implied, regarding any third party site. In particular, the Company makes no representation or warranty that any service or subscription offered via third-party vendors will not change or be suspended or terminated.

4. ONLINE CONDUCT AND ILLEGAL BEHAVIOR
Your online conduct and interaction with other Users should be guided by common sense and basic etiquette. The Company may terminate your Account or a particular Subscription for any conduct or activity that we deem as illegal, improper, or otherwise negatively affects the enjoyment of Services by other Users. You acknowledge that the Company is not required to provide you notice before terminating your Subscription(s) and/or Account.

5. THIRD PARTY CONTENT
In regard to all Subscriptions, Contents and Services that are not authored by the Company, the Company does not screen such third party content available on Services or through other sources. the Company assumes no responsibility or liability for such third party content. Some third party application software is capable of being used by businesses for business purposes - however, you may only acquire such software via Services for private personal use.

6. USER GENERATED CONTENT
A. General Provisions
Services provide interfaces and tools for you to you may submit Content, including sharing, requests or comments to generate content and make it available to other users and/or to the Company at your sole discretion. "User Content" means any content you make available through the Services, or otherwise provided to the Company or other users, whether online or offline and whether or not solicited by the Company, or to the Company or its affiliates through your use of the Content and Services or otherwise.
For clarity, you retain all of your ownership rights in your User Content. However, by submitting User Content to the Company, you hereby grant the Company a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, amend, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the User Content in connection with the Service and the Company's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each Member / user of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display, publish, make available online or electronically transmit, and perform such User Content as permitted through the functionality of the Service and under these Terms and Conditions. The above licenses granted by you in User Content you submit to the Service cannot be terminated or deleted (save for any personal information submitted, which will be subject to local privacy law). You understand and agree, however, that the Company may continue to distribute, or perform, server copies of your User Content relating to templates and documents. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
If you provide the Company with any feedback or suggestions about Services, the Content and Services, or any the Company products or services, the Company is free to use the feedback or suggestions however it chooses, without any obligation to account to you.
The Company has no obligation to pre-screen any content. You use all User Content and interact with other users at your own risk. Without limiting the foregoing, The Company reserves the right in its sole discretion to pre-screen, refuse, or remove any content. The Company shall have the right to remove any content that violates this Agreement or is otherwise objectionable.
B. Representations and Warranties
You represent and warrant to us that you have sufficient rights in all User Content to grant the Company and other affected parties the licenses described under A above. This includes, without limitation, any kind of intellectual property rights or other proprietary or personal rights affected by or included in the User Content.
You furthermore represent and warrant that the User Content, your submission of that Content, and your granting of rights in that Content does not violate any applicable contract, law or regulation.
C. Feedbacks, Ratings and Reviews
Feedbacks, ratings and reviews posted by users on our Services are User Content that is not endorsed by the Company and does not represent the views of the Company. The Company does not assume liability for ratings and reviews or for any claims for economic loss resulting from such feedbacks, ratings and reviews. Because we expect users to maintain a high level of integrity with respect to feedback, ratings and reviews posted through the Services, you agree: (i) to base any rating or review you post only on your first-hand experience with the applicable business, product, or service; (ii) you will not provide feedback, rating or review for any business, product, or service with respect to which you have a competitive, ownership or other economic interest, employment relationship or other affiliation; (iii) you will not submit feedback, rating or review in exchange for payment or other benefits from any individual or entity; (iv) your review will comply with the terms of this Agreement; (v) to represent and warrant that you have all rights necessary to submit the feedback, rating and reviews; and (vi) to grant to the Company the right to use any feedback, ratings and reviews in any way at any time without any additional approval or compensation... If we determine, at our sole discretion, that any rating or review could diminish the integrity of the feedback, ratings and reviews, we may exclude such User Content without notice.
7. OWNERSHIP OF AND LICENSE TO USE THE SERVICES

A. Use of the Services
Except with respect to User Content, The Company and its suppliers own all rights, title and interest in the Services. The Services are protected by copyright and other intellectual property laws throughout the world. Subject to this Agreement, the Company grants you a limited license to use the Services solely for your personal non-commercial purposes. Any future release, update or other addition to the Services shall be subject to this Agreement. The Company, its suppliers and service providers reserve all rights not granted in this Agreement.

B. Trademarks
The Company's stylised name and other related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of the Company and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

C. Restrictions on Use of Services
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services; (b) you shall not frame or use framing techniques to enclose any trademark, logo or Services (including images, text, page layout or form) of the Company; (c) you shall not use any metatags or other "hidden text" using the Company's name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Services to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services; (i) you shall not interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement; and (j) you shall not attempt to harm our Services, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, "flooding," "spamming," "mail bombing", or "crashing" the Services. Any unauthorised use of the Services terminates the licenses granted by the Company pursuant to this Agreement.

D. Third-Party Links
The Services may contain links to third-party services such as third party websites, applications, or ads ("Third-Party Links"). When you click on such a link, we will not warn you that you have left the Services. The Company does not control and is not responsible for Third-Party Links. The Company provides these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products or services accessible through such links. Your use of all Third-Party Links is at your own risk.

8. DISCLAIMERS AND LIABILITY PROVISIONS
THIS SECTION 8 DOES NOT APPLY TO EU USERS.

PLEASE NOTE THAT THIS SECTION DOES NOT EXCLUDE ANY GUARANTEE, RIGHT OR REMEDY THAT CANNOT BE SO EXCLUDED, RESTRICTED OR MODIFIED UNDER LOCAL CONSUMER PROTECTION LAW.
Prior to acquiring a Subscription, you should consult the product information made available on Services, including Subscription description, minimum technical requirements, and user reviews.
A. DISCLAIMERS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES AND ANY PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES AND PRODUCTS. THE COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES OR ANY PRODUCTS WILL MEET YOUR REQUIREMENTS OR (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY CONTENT, USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. WITHOUT LIMITING THE FOREGOING, THE COMPANY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR FROM ANY PRODUCTS OR TRANSACTIONS OR TRANSFERS RELATING TO PRODUCTS, OR FROM ANY THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH, AND INCLUDING FROM ANY DISPUTE WITH ANY OTHER USER OF THE SERVICE.
B. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY, ITS LICENSORS, NOR THEIR AFFILIATES, NOR ANY OF THE COMPANY’S SERVICE PROVIDERS, SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES, YOUR ACCOUNT, YOUR SUBSCRIPTIONS AND THE CONTENT AND SERVICES INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES, THE CONTENT AND SERVICES, THE SUBSCRIPTIONS, AND ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH, OR THE DELAY OR INABILITY TO USE THE CONTENT AND SERVICES, SUBSCRIPTIONS OR ANY INFORMATION, EVEN IN THE EVENT OF THE COMPANY’S OR ITS AFFILIATES’ FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR BREACH OF THE COMPANY’S WARRANTY AND EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND LIABILITY EXCLUSIONS APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE RECOMPENSE.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR ANY THIRD PARTY MATERIALS IS TO STOP USING THE SERVICES. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE COMPANY PARTIES ARE LIABLE TO YOU EXCEED THE GREATER OF (A) THE TOTAL AMOUNT ACTUALLY PAID TO THE COMPANY BY YOU DURING THE TWELVE MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE OR REGULATION UNDER WHICH SUCH CLAIM ARISES, OR (C) CURRENCYMAXIMUM. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A THE COMPANY PARTY FOR (X) DEATH, TANGIBLE PROPERTY DAMAGE, OR PERSONAL INJURY CAUSED BY A THE COMPANY PARTY'S GROSS NEGLIGENCE OR FOR (Y) ANY INJURY CAUSED BY A THE COMPANY PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.
C. NO GUARANTEES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS AFFILIATES GUARANTEE CONTINUOUS, ERROR-FREE, VIRUS-FREE OR SECURE OPERATION AND ACCESS TO THE SERVICES, THE CONTENT AND SERVICES, YOUR ACCOUNT AND/OR YOUR SUBSCRIPTIONS(S) OR ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH.
D. LIMITED WARRANTY
CERTAIN PRODUCTS PURCHASED FROM THE COMPANY IS SUBJECT TO A LIMITED WARRANTY, WHICH IS DESCRIBED IN DETAIL WITH THE PRODUCT.
E. INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD THE COMPANY, ITS CORPORATE PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS OF EACH (COLLECTIVELY, THE "COMPANY PARTIES") HARMLESS FROM ANY DAMAGES, LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) RELATING TO OR ARISING OUT OF ANY CLAIMS CONCERNING: (A) YOUR CONTENT; (B) YOUR USE / MISUSE OF THE SERVICES; (C) YOUR VIOLATION OF THIS AGREEMENT; (D) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER PARTY, INCLUDING ANY USERS; (E) YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS; (F) THIRD-PARTY CLAIMS THAT YOU OR SOMEONE USING YOUR PASSWORD DID SOMETHING THAT, IF TRUE, WOULD VIOLATE ANY OF THESE TERMS, (G) ANY MISREPRESENTATIONS MADE BY YOU, OR (H) A BREACH OF ANY REPRESENTATIONS OR WARRANTIES YOU’VE MADE TO US. THE COMPANY RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH THE COMPANY IN ASSERTING ANY AVAILABLE DEFENCES. THIS PROVISION DOES NOT REQUIRE YOU TO INDEMNIFY ANY OF THE COMPANY PARTIES FOR ANY UNCONSCIONABLE COMMERCIAL PRACTICE BY SUCH PARTY OR FOR SUCH PARTY'S NEGLIGENCE, FRAUD, DECEPTION, FALSE PROMISE, MISREPRESENTATION OR CONCEALMENT, SUPPRESSION OR OMISSION OF ANY MATERIAL FACT. YOU AGREE THAT THE PROVISIONS IN THIS SECTION WILL SURVIVE ANY TERMINATION OF YOUR ACCOUNT, THIS AGREEMENT OR YOUR ACCESS TO THE SERVICES.

9. AMENDMENTS TO THIS AGREEMENT
This Agreement may at any time be mutually amended by your explicit consent to changes proposed by the Company. Furthermore, the Company may amend this Agreement (including any Subscription Terms or Rules of Use) unilaterally at any time in its sole discretion. In this case, you will be notified by e-mail of any amendment to this Agreement made by the Company within 10 (ten) days before the entry into force of the said amendment. Your failure to cancel your Account within ten (10) days after the entry into force of the amendments, will constitute your acceptance of the amended terms. If you don’t agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your Account or to cease use of the affected Subscription(s). the Company shall not have any obligation to refund any fees that may have accrued to your Account before cancellation of your Account or cessation of use of any Subscription, nor shall the Company have any obligation to prorate any fees in such circumstances.

10. TERM AND TERMINATION
A. Term
The term of this Agreement (the "Term") commences on the date you first indicate your acceptance of these terms, and will continue in effect until otherwise terminated in accordance with this Agreement.
B. Termination by You
You may cancel your Account at any time. You may cease use of a Subscription at any time or, if you choose, you may request that the Company terminate your access to a Subscription. Subscriptions are not transferable. Access to Subscriptions purchased as a part of a pack or bundle cannot be terminated individually, termination of access to one product / service purchased in the pack. Your cancellation of an Account, or your cessation of use of any Subscription or request that access to a Subscription be terminated, will not entitle you to any refund, including any Subscription fees. the Company reserves the right to collect fees, surcharges or costs incurred prior to the cancellation of your Account or termination of your access to a particular Subscription. In addition, you are responsible for any charges incurred to third-party vendors or content providers before your cancellation.
C. Termination by the Company
The Company may cancel your Account or any particular Subscription(s) at any time in the event that (a) the Company ceases providing such Subscriptions to similarly situated Users generally, or (b) you breach any terms of this Agreement (including any Subscription Terms or Rules of Use). In the event that your Account or a particular Subscription is terminated or cancelled by the Company for a violation of this Agreement or improper or illegal activity, no refund, including any Subscription fees or of any unused credits in your Services, will be granted.
D. Survival of Terms
Clauses 2, 3, and 5 - 12 will survive any expiration or termination of this Agreement.

11. APPLICABLE LAW/JURISDICTION
A. Dispute Resolutions

This document is governed by and are to be construed in accordance with English Law.
All disputes controversy, difference or claim arising out of or in connection with this document, including any question regarding its existence, validity or termination, or any dispute regarding non-contractual obligations shall be finally settled under the arbitration rules of the London Court of International Arbitration by one or more arbitrators appointed in accordance with the said rules. The seat of Arbitration shall be London and proceedings shall be conducted in English.
For EU Customers:
In the event of a dispute relating to the interpretation, the performance or the validity of the User Agreement, an amicable solution will be sought before any legal action. You can file your complaint at [insert link or e-mail]. In case of failure, you may, within one year of the failed request, file an online complaint on the European Commission’s Online Dispute Resolution website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage, or on the European Consumer Centre’s website: http://www.europe-consommateurs.eu/index.php?id=2514.
B. Procedure for Making Claims of Copyright Infringement
If you believe content posted on the Services infringes your copyright rights, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Services of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf. Correspondence to our Copyright Agent regarding notice of claims of copyright infringement should be addressed to: ACCOUNT_JOB_ADDRESS_SINGLE_LINE.

12. MISCELLANEOUS
A. Electronic Communications
The communications between you and the Company use electronic means, whether you visit the Services or send the Company e-mails, or whether the Company posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from the Company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that the Company provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in "writing." The foregoing sentence does not affect your statutory rights.

B.  Assignment
This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without the Company's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

C. Force Majeure
The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labour or materials.

D. Questions, Complaints, Claims
If you have any questions, complaints or claims with respect to the Services, please contact our customer service department using the contact information available on the Services (support@quadcitieshypnosis.com). We will do our best to address your concerns.

E. Notice
Where the Company requires that you provide an e-mail address, you are responsible for providing the Company with your most current e-mail address. In the event that the last e-mail address you provided to the Company is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, the Company's dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to the Company at the following address: ACCOUNT_JOB_ADDRESS_SINGLE_LINE, Attention: Legal Department. Such notice shall be deemed given when received by the Company by letter delivered by nationally recognised overnight delivery service or first class postage prepaid mail at the above address.

F. Waiver
Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

G. Severability
Except as otherwise expressly set forth in this Agreement, in the event that any provision of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
H. Export Control
You agree to comply with all applicable import/export laws and regulations. You agree not to export the Content and Services or Product or allow use of your Account by individuals of any terrorist supporting countries to which encryption exports are at the time of exportation restricted. You represent and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country.

I. Entire Agreement
This Agreement, including any Terms and Conditions, Privacy Policy, and other policies of the Company, constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
J. Rights of Third Parties
You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.
K. Complying with Law
The Company’s obligations are subject to existing laws and legal processes and the Company may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term.
L. Revision Date
This Agreement was last updated on 06 October 2021 ("Revision Date"). We may, at any time and without liability, modify or discontinue all or part of the Services; charge, modify or waive any fees or charges required to use the Services; or change the Terms and Conditions of Services for some or all of our users. If you were a user before the Revision Date, it replaces your existing agreement with the Company.
 
 

T&C of Service

TERMS & CONDITIONS OF SERVICE
 


1.1 These Terms & Conditions are applicable to all Engagements.
1.2 We shall perform the Engagement with due observance of the applicable professional rules and regulations and national and international legislation and regulations.
1.3 In these Terms & Conditions:
“Cloud services” means services via the internet whereby the firm uses software, hardware and storage space of third parties and/or makes personal data available to suppliers of this software, hardware and storage space.

“You” or the “client” means the party for whom the Engagement is performed.
“We” or “us” or the “firm” means one or more of the following legal entities to whom the Engagement is issued: ACCOUNT_JOB_COMPANY 
“Engagement” means the oral or written agreement in which we undertake to provide services to you.

2. Inception of the Engagement 
2.1 Request by the client constitutes an offer by the client to engage the firm for services subject to these Terms and Conditions.
2.2 If the firm accepts the request by the client and a binding contract for services subject to these terms and conditions, shall exist by when is the earlier of: -
a)    we have received the written agreement regarding the Engagement duly signed by you and us; or
b)    we have started performing the Engagement at your request.
2.3 At our first request you shall provide all information and documentation that we need in order to comply with laws on the prevention of money laundering and terrorist financing. We reserve the right to assess whether the identification and verification are in accordance with the above laws.
  
3. Your Obligations
3.1 If an Engagement requires your cooperation, you shall provide us with all information and documents that we require for proper and timely execution of the Engagement and you shall do so on time and in the form and manner that we require.
3.2 You shall inform us without delay of the legal and control structure of the group to which you belong, and of any changes therein, as well as of all other financial and other alliances in which you participate or to which you belong, all in the broadest sense of the word, and also of any other facts and circumstances that may be relevant to the execution of the Engagement to enable us to meet the applicable independence rules.
3.3 You alone shall bear the responsibility for determining the scope of the Engagement and for taking decisions (partially) based on, or in connection with, our services.
3.4 We shall perform the Engagement on the basis of the financial and other information provided to us in respect of the Engagement, including any meetings that we hold with you or, at your request, with third parties. You undertake to ensure that the information you provide is correct and complete. You hereby agree that if we receive information from third parties in respect of the Engagement, we can assume, without any need for further verification, that this information is correct and complete.
3.5 Any additional costs and damage or loss caused by a delay in the execution of the Engagement resulting from failure to make the requested information, facilities and/or staff available, or failure to do so on time or in the proper form, shall be for your account and risk. 
3.6 In the case of Engagements that we perform at your premises, you shall ensure the provision of such office space and means of electronic communications that we consider necessary or useful for performing the Engagement and that comply with all statutory and other requirements. 
 
4. Execution of the Engagement
4.1 We shall provide all services to the best of our knowledge and ability, and in accordance with professional standards. We shall be bound by a best efforts obligation in relation to the (intended) services.
4.2 We shall determine the manner in which the Engagement will be executed and by whom, except in situations in which the Engagement is explicitly intended to be performed by a specific natural person.
4.3 We may provide, and charge you for, any additional services if the need for such services arises by virtue of any national or international legislation and regulations, including professional rules and regulations, applying to the Engagement.
4.4 Information provided to us by you shall be returned to you, at your request, after completion of the Engagement. We shall keep our own (electronic) working files on the Engagement, containing copies of in our opinion relevant documents, which shall remain our property.
4.5 Our administration (including e-mails and digital scans of engagement letters for example) serves as full evidence for you, except where you provide evidence to the contrary.
4.6 During the execution of the Engagement, we shall not be deemed to have access to information originating from any other Engagements that have been or are being performed for you.
 
5. Confidentiality And Data Protection
5.1 Unless (i) we are required under any provision in the applicable national or international legislation and regulations, including professional rules and regulations, to disclose information, or (ii) we or persons affiliated with or working for us act in any disciplinary, civil, administrative or criminal proceedings in which this information may be of importance, we and the person(s) assigned by us shall neither disclose confidential information and personal data nor provide such information to third parties, other than those referred to in this clause 5. When undertaking our work we act in accordance with the local data protection laws and the General Data Protection Regulation.

5.2 You agree, within the scope of (i) an Engagement commissioned by you to us, (ii) compliance with statutory obligations to which we are subject, (iii) risk management and quality review requirements, and (iv) internal business purposes, that we shall process confidential information and personal data concerning you and/or persons (formerly) working for, or affiliated with, you, your clients or third parties, including sharing this information with the following on a need to know basis:
the firm’s teams other than those involved in the performance of the Engagement;
parties involved in the execution of the Engagement;
subcontractors and IT service providers;
third parties experts to supplement our services; or
our insurers, or legal or financial advisers.
5.3 You agree that we may use (confidential) information and personal data provided by or on behalf of you - provided it is anonymous and that identity cannot be derived from it –within the framework of, amongst other things, compiling and maintaining best practices, statistics, research purposes and/or benchmarking.
5.4 For the purposes described in this clause 5, we may transmit personal data to countries outside of the JURISDICTION_COUNTRY if the recipient is deemed to offer a sufficient level of protection on the basis of the data protection law.
5.5 We shall take appropriate measures in order to protect the confidential information and personal data, and shall inform any third parties and employees that we engage of the confidential nature of the information.
5.6 We shall process personal data in accordance with the applicable national or international legislation and regulations, including professional rules and regulations, in the field of protection of personal data.
5.7 Except where any national or international legislation or regulations, including professional rules and regulations, require you to disclose information, or except where we have given our prior written consent, you shall not disclose, or provide to third parties, any information concerning the Engagement, the content of reports, opinions or any other written or oral statements issued by us.
5.8 The parties shall impose their obligations under this clause on any third parties that they engage.
5.9 We shall have the right to mention your name and sketch a broad outline of the services provided to potential and existing clients as an illustration of our experience.
5.10 To support our business operation we have the right to use Cloud services.

6. Intellectual Property 
6.1 We reserve all intellectual property rights in relation to products of the intellect that we use or have used and/or develop or have developed within the framework of the execution of the Engagement in respect of which we hold or can exercise copyrights or other intellectual property rights.
6.2 You are explicitly prohibited from reproducing, publishing or using for commercial purposes, whether alone or involving third parties, those products, including computer programs, systems designs, working methods, opinions, contracts and model contracts, brands and logos and our other products of the intellect, all in the broadest sense of the word. These products may not be reproduced and/or published and/or used for commercial purposes without our prior written consent. You have the right to reproduce the written documents for your own internal use insofar as this is in line with the purpose of the Engagement. This provision shall apply mutatis mutandis if the Engagement is terminated early.
  
7. Fees
7.1 Our fee shall be exclusive of our out-of-pocket expenses, exclusive of any fees charged by third parties engaged by us and exclusive of any sales tax, VAT or other levies that are or may be imposed by government authorities (which shall be payable by the client). We shall charge the costs of any such out-of-pocket expenses, third-party fees, taxes and levies to you.
7.2 If any pricing factors, such as salaries and/or rates, are subject to change between the inception date and completion date of the Engagement, we shall have the right to adjust the previously agreed fee accordingly. However, no increase in the capped fee may be made if a maximum fee has been quoted without the prior consent of the client in writing. 
7.3 Payment of our fee is due, without any deduction, discount or debt settlement, within 2 days of the invoice date. Payments, denominated in the currency indicated in the invoice, shall be remitted to a bank account designated by us.
7.4 Disputes or objections to any amounts charged shall not suspend your obligation to pay.
7.5 All judicial and extrajudicial (collection) costs that we incur in connection with your failure to comply with your (payment) obligations shall be for your account. We reserve the right to demand reimbursement of the costs actually incurred.
7.6 If we believe that your financial position and/or payment performance justifies such action, we have the right to demand that you immediately furnish security or additional security in a form to be determined by us and/or make an advance payment. If you fail to furnish the desired security or make the desired advance payment, we have the right, without prejudice to our other rights, to immediately suspend any further execution of the Engagement, and all amounts you owe us, for whatever reason, shall become immediately due and payable.
7.7 In the event of a jointly commissioned Engagement, all clients are jointly and severally liable for payment of the full fee charged insofar as the services were provided for the clients jointly.
  
8. Complaints / Disputes on Fee
8.1 We must be notified in writing and within 60 days of the date of dispatch of documents or information in respect of which you are filing a complaint, subject to the risk of forfeiture, of any complaints relating to the services provided and/ or disputing the invoice amount or, if you prove that you could not have reasonably discovered that mistake, defect or error or shortcoming earlier, within 60 days of the discovery of the mistake, defect or error.
8.2 Complaints as referred to above shall not suspend your obligation to pay. Under no circumstance shall you be entitled, by virtue of a complaint in respect of a certain service, to defer or refuse payment for other services provided by us to which the complaint does not relate.
8.3 If you filed a legitimate and timely complaint, you shall have the choice between us adjusting the fee charged, having the rejected service rectified or redone free of charge, or terminating the Engagement (or remaining services) in exchange for a refund proportionate to the fee already paid by you.
 
9. Delivery Period
9.1 If you are required to make an advance payment or to make information and/or materials available that is/are required for execution of the Engagement, the term for completing the services will not start until we have received the payment in full or until all information and/or materials have been made available to us respectively.
9.2 The due dates for completion of the services shall be regarded as strict deadlines only if this has been agreed in writing in advance. Otherwise, time is not of the essence except for payment.
9.3 You shall not terminate the Engagement on account of us failing to meet a deadline, unless we do not perform the Engagement, either partially or in full, within a reasonable period of which we have been notified in writing after expiry of the agreed delivery period.
 
10. Termination
10.1 We have the right to terminate the Engagement in writing, with due observance of a reasonable notice period. If we terminate the Engagement early, you are entitled to our assistance in transferring work to third parties, unless the termination was due to facts and circumstances that can be attributed to you.
10.2 You shall be entitled to terminate the Engagement early, provided that we shall be entitled to compensation for services already provided and for any costs that we reasonably have to incur as a result of the early termination of the Engagement (including costs relating to subcontracting).
10.3 Either party shall be entitled to terminate the Engagement by giving notice to the other party at any time if:-
the other party makes any voluntary arrangement with its creditors, becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction; or
an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the other party; or
the other party ceases or threatens to cease, to carry on business; or
one can reasonably apprehend that any of the events mentioned above is about to occur in relation to the other party and notifies the other party accordingly. 
10.4 The expiration or termination of Engagement shall be without prejudice to the accrued rights of the parties and any provision hereof which relates to or governs the acts of the parties hereto subsequent to such expiry or termination hereof shall remain in full force and effect and shall be enforceable notwithstanding such expiry or termination. These Terms and Conditions remain in effect after termination of the Engagement and shall continue to bind the parties.
 
11. Liability
11.1 We shall provide our Services to the best of our ability and exercise the due care that may be expected of us. If errors are made as a result of the provision to us of incorrect or incomplete information by you or a third party, we shall not be liable for any consequential damage. Our total liability to you for any errors that would have been prevented if we had exercised due care, is limited to a maximum of MAXIMUM times the fee paid and/or owed by you for the specific services provided under the Engagement from which the errors resulted. If the Engagement has a term of more than twelve months, the total liability within the scope of the Engagement shall be limited to a maximum of MAXIMUM times the fee paid by you and/or owed by you for the most recent twelve months for the specific services provided under the Engagement from which the errors resulted. This limitation of liability shall not apply if it is related to an intentional act or wilful recklessness on our part and/or unless any mandatory national or international legislation or regulation, including professional rules and regulations, dictates otherwise.
11.2 If the Engagement is carried out for more than one (legal) entity/person, the limitation of liability with respect to the Engagement shall apply to all these (legal) entities/persons jointly. In the event of liability, it is up to this group of (legal) entities/persons to share the maximum amount of damages awarded among themselves.
11.3 You shall indemnify us and hold us harmless against any claims by third parties that may arise as a result of any failure on your part to comply or to comply properly with any obligation arising from the Engagement and/or these Terms & Conditions, unless you demonstrate that the losses do not relate to imputable acts or omissions on your part, or were caused by an intentional act or wilful recklessness on our part, and unless any mandatory national or international legislation or regulation, including professional rules or regulations, dictates otherwise. This indemnification shall not apply to Engagements for the statutory audit of financial statements. This indemnification shall apply also in respect of any shareholders, directors of shareholders, managing directors or employees of us or third parties, including other firms, whom we engage for the performance of the Engagement, who shall accordingly be able to invoke this indemnification directly. 
11.4 You and/or your group companies shall exercise any rights of action or recourse exclusively against us, and not against our shareholders, directors of our shareholders, managing directors or employees engaged by us.
11.5 We shall not be held liable for any consequential, indirect or punitive damages and/or loss of profit.
11.6 We reserve the right to engage (some of) the services of another contractor when performing the Engagement. The Engagement shall be executed under our exclusive responsibility and you and/or your group companies shall not bring any claim (whether in contract, tort or otherwise) against any other contractor, partner or employee of another contractor in connection with the performance of the Engagement. The other contractor, their partners and employees shall have the right to rely on the foregoing as if they were parties to the Engagement. We are entitled to compensation of damage, loss and costs resulting from any violation of this provision.
11.7 Your rights of action and other powers of whatever nature with respect to Us arising from the Engagement in any way, shall lapse after one year from the date on which the damage or loss for which we are held liable first manifested itself and in any event after five years from the date on which the event causing the damage or loss occurred.

12.  Assignment
You shall not be permitted to assign the Engagement or any obligation laid down in it to third parties without our prior written consent. We shall be entitled to attach such reasonable conditions as we think fit to our consent. You undertake in any case to impose on the third party all relevant payment and other obligations laid down in the Engagement and these Terms & Conditions. In addition to the third party, you shall continue to be jointly and severally liable for the obligations laid down in the Engagement and these Terms & Conditions.


13. Force Majeure
13.1  In the event that we are prevented from fulfilling its obligations under the Engagement by reason of any supervening event beyond its control including but not limited to war, national emergency, flood, earthquake, strike or lockout, we shall not be deemed to be in breach of our obligations. We will immediately give notice of this to you and must take all reasonable steps to resume performance of its obligations.
13.2  If and when the period of such incapacity exceeds 6 months then this Engagement shall automatically be terminated unless the parties first agree otherwise in writing.


14.  Communications
14.1  All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first-class post or sent by fax or sent by electronic mail:
a)    (in case of communications to the Seller) to its registered office or such changed address as shall be notified to the Buyer by the Seller; or
b)    (in the case of the communications to the Buyer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Seller set out in any document which forms part of the Contract or such other address as shall be notified to the Seller by the Buyer.
14.2  Communications shall be deemed to have been received:
a)    if sent by pre-paid first-class post, two Business Days after posting (exclusive of the day of posting); or
b)    if delivered by hand, on the day of delivery; or
c)     if sent by fax or electronic mail on a Business Day prior to 5.00 pm, at the time of receipt and otherwise on the next Business Day.
14.3  Communications addressed to the Buyer shall be marked for the attention of Marian Spurgeon.
14.4  The parties may communicate with each other via electronic means of communication. The parties recognise the risks associated with the use of electronic communications, including but not limited to distortion, delays, interception, manipulation and viruses. The parties hereby declare that they shall not hold each other liable for any damage or loss incurred by either of them as a result of the use of electronic communications. This also applies to the use of electronic communications – irrespective of the form – between us and third parties, including but not limited to tax authorities. The parties shall do or omit all that can reasonably be expected of them to avoid such risks.


15.  Waiver
No waiver by the party of any breach of these Terms and Conditions shall be considered as a waiver of any subsequent breach of the same or any other provision. Our rights and powers under the Engagement shall not be affected or limited by our failure to directly enforce any rights or powers. Notice of any waiver must be given in writing.


16.  Severance
If any provisions of these Conditions are held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby. 


17. Conflict or Inconsistency 
If there is any conflict between the provisions of these Terms & Conditions and the written Engagement, the conditions of the written Engagement shall prevail. Deviations from these Terms & Conditions can be agreed only in writing.




18. No Rights for Third Parties
A person who is not a party to the Contract shall have no right under this Terms and Conditions or other Contracts.



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