Terms of Service
Terms of Service
Last updated: 05.10.2022
Please read these Terms of Services ("Terms") carefully before Using the http://www.empathysalesgroup.com website (the "Service") operated by Advanced Economic Solutions Limited ("Us", "we", or "our").
Your access to and Use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, Users and others who access or Use the Service.
By accessing or Using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
These Terms of Business explain the Services we offer, how you will pay for our Services and our regulatory status. It is an important document which sets out the terms on which we agree to act for our clients and which we intend to rely on. It replaces any previous agreements and understandings we have with you (whether verbal or written).
Please read these Terms of Service carefully and retain for future reference.
We draw your attention specifically to:
Section 8 'Data Protection and Communications' which sets out how we will use your data;
*Our Service is entirely performance oriented and is spread across two main categories – professional social media marketing and sales services; and educational courses, seminars and specialized training programs. Please be advised that while we commit to the highest standards of execution and professionalism in the services that we provide we cannot guarantee you any specific results as there are factors that are outside of our control like your level of commitment, broad economic and geopolitical risks, natural disasters etc. However, in case you are not satisfied with the end delivery and results of the services you purchased from us, you should always contact us directly and explain your concerns. We are always looking to build and maintain quality relationships with our clients regardless on whether or not we continue to work together in the future. Also, you are always able to cancel your monthly subscription with us, thus discontinuing our partnership should you decide that it does not fulfill your needs.
EmpathySalesGroup.com is a Digital Marketing Software Agency offering various subscription-based and individual services focused on helping businesses identify the channels that best enable them to reach their target markets, and further specializes in leading and guiding their potential clients throughout the entire sales cycle giving our clients the opportunity of closing deals on their behalf. As part of the sales cycle we help our clients contact, convert, retain and upsell their current and future clients, as well as any leads that their marketing campaigns generate.
Our goal is to help every client of ours grow and improve their revenues, client satisfaction rates and overall market presence, together with their overall brand value through the proper marketing, sales and business optimization that we provide them with.
Our team consists of experienced business professionals and consultants that work together as a team daily and are responsible for delivering premium digital marketing, sales, business development and educational services to our clients. Our mission at Empathy Sales Group is: to disrupt the sales and business development industry by introducing an innovative way of finding clients, presenting, pitching, selling, closing and client retention.
These Terms of Service shall commence on the date you receive them from Us and by accepting them they shall remain in force until terminated in accordance with Section 14 'Ending your Relationship with Us'.
Your agreement to our Terms of Service does not affect your statutory rights.
In order to use certain features of the Services, you must register for an account. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Us, whether at registration or at any other time, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), then you agree to immediately notify Us via email. You may be liable for the losses incurred by Us or others due to any unauthorized use of your Services account.
3. WHO WE ARE
We, Us, our refers to Advanced Economic Solutions Ltd, which is a company registered in Sofia, Bulgaria VAT No. BG205533538,
Our Registered Office and contact details are:
Address: Prof. Nikolai Genchev 14, Sofia, Bulgaria 1700
4. WHO REGULATES US
Our Company is registered under the laws of the Republic of Bulgaria and is regulated according to Bulgarian law. Our permitted business activities includes the provision of consulting as well as educating services to our clients.
5. OUR SERVICES
Our Services to our clients include: performance oriented business development and education. Our Services are spread across two main categories – professional social media marketing and sales services; and educational courses, seminars and specialized training programs. Please be advised that while we commit to the highest standards of execution and professionalism in the services that we provide we cannot guarantee you any specific results as there are factors that are outside of our control like your level of commitment, broad economic and geopolitical risks, natural disasters etc.
Our Services are both subscription based as well as one-time payment courses, consultations and programs. The subscription based services could be canceled at any time at least 24 hours before the next payment period begins. The one-time payment courses, consultations and programs cannot be canceled once purchased.
We will confirm to you in writing our Services along with details of any risks associated with the products/services recommended before you make any commitment. The documentation we will provide you with will make it clear whether we are acting on non-advised basis. We will provide you with summary/key features information and explain the cost, fees and scope of the particular subscription.
We will not provide any investment-related advice in relation to the purchase and or investment of any financial products/vehicles. You will need to make your own decision on whether a particular investment/purchase is suitable for you.
Our Service is entirely performance-based, thus you will be able to objectively evaluate our performance at the end of every month and decide whether or not to continue with us in the future. Please be advised that we always advise our clients to commit for a minimum of 3 months of working with us in order to give our relationship and work the chance to get traction and achieve optimum results.
Neither we nor our employees are qualified to render legal or accounting advice or prepare any legal or accounting documents. It is hereby understood and agreed that the onus is on you the client to refer to a solicitor or accountant in respect of any point of law or account.
6. PROPRIETARY MATERIALS
6.1 Proprietary Materials
The Services are owned and operated by Our Company. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational videos and exercises, and all other elements of the Services (the "Services Materials") are protected by Bulgarian and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights. Except for any User Content provided and owned by Users and except as otherwise set forth in this Section 7, all Services Materials, and all trademarks, service marks, and trade names, contained on or available through the Services are owned by or licensed to Our Company, and we reserve all rights therein and thereto not expressly granted by these Terms of Service.
6.2 Licensed Educational Content
We may make available on the Services certain educational videos, exercises, and related supplementary materials that are owned by Us or its third-party licensors (the "Licensed Educational Content"). We grant to you a non-exclusive, non-transferable right to access and use the Licensed Educational Content as made available on the Services by Us solely for your personal, non-commercial purposes. Unless expressly indicated on the Services that a particular item of Licensed Educational Content is made available to you under alternate license terms, you may not download, distribute, sell, lease, modify, or otherwise provide access to the Licensed Educational Content to any third party.
6.2.1 Alternate Licenses
In certain cases, We or its licensors may make available Licensed Educational Content under alternate license terms, such as a variant of the Creative Commons License (as defined below) (each, an "Alternate License"). Where expressly indicated as such on the Services, and subject to the terms and conditions of these Terms, the applicable Licensed Educational Content is licensed to you under the terms of the Alternate License. By using, downloading, or otherwise accessing such Licensed Educational Content, you agree to comply fully with all the terms and conditions of such Alternate License.
The Licensed Educational Content and Licensed Educational Code are intended for personal, non-commercial use only. Without limiting the foregoing, and notwithstanding the terms of any Alternate License for such Licensed Educational Content, the Licensed Educational Content may not be used, distributed or otherwise exploited for any commercial purpose, commercial advantage or private monetary compensation, unless otherwise previously agreed in writing by Us.
That does not include your personal business development and sales training, which are the main goals of the Services we provide. Namely, to provide you with premium social media marketing and sales services as well as high-quality training programs, courses, seminars and consultations he generality of the foregoing, the following are types of uses that We expressly define as falling outside of "non-commercial" use:
the sale or rental of (1) any part of the Licensed Educational Content, (2) any derivative works based at least in part on the Licensed Educational Content, or (3) any collective work that includes any part of the Licensed Educational Content;
providing training, support, or editorial services that use or reference the Licensed Educational Content in exchange for a fee.
7. DATA PROTECTION AND COMMUNICATIONS
You are responsible for providing Us with your correct contact details at all times. Unless we are notified of any changes, we shall assume the information we hold about you is correct.
Please note, we may also disclose your personal data where we are required by law, government authority, our regulators, auditors or by our professional advisers.
We will not disclose any information to any other parties without your written consent.
In the interests of security and to improve our service emails you make to Us may be monitored and/or recorded. Under the Personal Data Protection Act and GDPR, individuals have a right to obtain a copy of the personal information we hold about them in our records and where appropriate have it corrected or deleted. We may charge a nominal fee for providing a copy of the information. If you wish to exercise your right under Personal Data Protection Act and GDPR you should write to Us at the address given in Section 3 'Who we are'.
By entering into these Terms of Service you signify your consent to the personal and sensitive data we hold being processed for the purposes noted in these Terms of Service, except to the extent that you opt-out of receiving marketing information from Us and associated companies (see section below 'Use for marketing purposes').
7.2 Communication with you
We will contact you by email, zoom, phone or through our website. By providing your email address and/or mobile phone number, you are agreeing to Us communicating with you by email / text message (where relevant). By consenting to communication by electronic means you accept the inherent risks (including the security risks of interception of, or unauthorized access to, such communications, the risks of corruption of such communications and the risks of viruses or other harmful devices).
Notwithstanding that we and you have reasonable virus checking procedures on our system, you will be responsible for virus checking all electronic communications sent to you. Provided that we send correspondence to the email address and/or telephone number that you provide, we will not be responsible for the loss of any communication /document or the cost of replacing them, or for any other loss, cost or expense resulting from any delay in, or the failure in delivery of, or from a third party intercepting any communication we send or receive. Where you deal with Us at a distance, there are no specific additional costs imposed by Us for dealing exclusively at a distance.
7.3 Use for marketing purposes
We may Use information held about you, to keep you informed (by email, text or other means) of products and services which we (and our associated companies) offer, and which we feel may be of interest to you, unless you ask Us not to. You may exercise your right to give notice to stop data being processed for marketing purposes by notifying Us at any time by email. Otherwise we shall treat your acceptance of our Terms of Service as evidence of your informed consent to Us Using your data for marketing purposes as noted above.
8. PROHIBITED CONDUCT
YOU AGREE NOT TO:
8.1 use the Services for any commercial use or purpose unless expressly permitted by Us in writing, it being understood that the Services and related services are intended for personal, non-commercial use only;
8.2 except as expressly permitted under these Terms, rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses for any Services Materials;
8.3 post, upload, or distribute any defamatory, libelous, or inaccurate Content or other content;
8.4 post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
8.5 use the Services in any manner that is harmful to minors, or in any manner that violates these Terms;
8.6 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, or perform any other fraudulent activity;
8.7 delete the copyright or other proprietary rights notices on the Services or on any Licensed Educational Content, Licensed Educational Code, or User Content;
8.8 assert, or authorize, assist, or encourage any third party to assert, against Our Company or any of its affiliates or licensors any patent infringement or other intellectual property infringement claim regarding any Licensed Educational Content, Licensed Educational Code, or User Content you have used, submitted, or otherwise made available on or through the Services;
8.9 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Services (including, but not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
8.10 use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
8.11 defame, harass, abuse, threaten or defraud Users of the Services, or collect, or attempt to collect, personal information about Users or third parties without their consent;
8.12 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, Licensed Educational Content, Licensed Educational Code, or User Content, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services, Licensed Educational Content, Licensed Educational Code, or User Content;
8.13 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
8.14 modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent expressly permitted by Us herein or to the extent the foregoing restriction is expressly prohibited by applicable law; or
8.15 intentionally interfere with or damage operation of the Services or any user's enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
8.16 you shall not (a) license, sublicense, sell, resell, rent, lease, transfer, distribute or otherwise similarly exploit the Services; (b) use or permit others to use any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the Subscription Services; (c) copy, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Subscription Services or any part thereof or otherwise attempt to discover any source code or modify the Subscription Services; or (d) disclose any benchmark or performance tests of the Services.
9. LINKS TO OTHER WEB SITES
Our Service may contain links to third-party web sites or Services that are not owned or controlled by Us. Our Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or Services. You further acknowledge and agree that Our Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Use of or reliance on any such content, goods or Services available on or through any such web sites or Services.
10. SUBSCRIPTION SERVICE ANALYSES
We (i) compile statistical and other information related to the performance, operation and use of the Subscription Services, and (ii) use, and share data from the Subscription Services environment in aggregated form for security and operations management, to create statistical analyses, and for research and development purposes (clauses i and ii are collectively referred to as ‘Subscription
Service Analyses”). Subscription Service Analyses will not incorporate any information, including your data, in a form that could serve to identify you or an individual. We retain all intellectual property rights in Subscription Service Analyses.
11. FINANCIAL ASPECT
We accept payment through debit and credit cards (surcharges may apply), bank wire transfers and through secure third-party websites, such as PayPal and Stripe. Their terms and conditions apply whenever you are redirected to their website and we do not bare any liability for issues occurred on the third-party websites. You will be billed in advance on a recurring and periodic basis (Billing Cycle) for any subscription-based services that you sign up for. Most of our subscriptions are set on a monthly billing cycles, unless expressly stated otherwise. There may be Services/subscriptions offered that can have set billing cycles on quarterly, bi-annual or annual basis.
The payment for the selected subscription Services you purchased are going to be automatically renewed at the end of each month, unless you cancel them. A canceled subscription will be active until the end of the paid subscription period. If there are no funds available in your account at the start of the next subscription period, we reserve the right to cancel your subscription until the moment you renew it and pay the subscription fee. That is to be identified by Us, when no payment from you comes through to Us.
Any one-time payments completed by you for courses, training, seminars and/or consultations are related to the respective service and to that service alone. This type of one-time payment services do not entail or bring any future financial commitments (purchases) to you as you pay for a specific service/product, which you later receive at a predetermined time or within a predetermined time period, which then completes and concludes the exchange of your payment for our product/service.
As said, you have the right to cancel your subscription at any time, while you will still be able to Use the subscription until the period for which you paid ends. For cancellations and refunds certain conditions apply, therefore, we ask you to contact Us by email, in order to resolve your inquiry.
Upon cancellation, you reserve the right to request that we delete your data and your profile from our system. You have the option to cancel without deleting your account, in order to preserve for future renewals. Your data will be kept with Us securely and will not be subject to the data processing activities, while your subscription is inactive. The only active processing will be newsletter and marketing communications, unless you decide to opt-out from those.
14. CONFLICTS OF INTEREST
We will act honestly, fairly and in your best interests. We expect you to act in good faith, honestly, fairly and in our and yours best interest, as well.
15. REPRESENTATIONS AND WARRANTIES
You warrant, represent and agree that you will not provide any User Content or otherwise use the Services in a manner that (i) infringes, violates or misappropriates another's intellectual property rights, rights of publicity or privacy, or other rights; (ii) violates any international, federal, state or local law, statute, ordinance or regulation or which would render Our Company in violation of any applicable laws or regulations, including without limitation, Applicable Privacy Laws (collectively, "Applicable Law"); (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account or the Services in any way, such as allowing someone else access to your account or password or submitting User Content that contains viruses. Additionally, you represent, warrant and agree that (i) you possess all rights necessary to provide your User Content and grant Company the rights in these Terms; (ii) you will comply with Applicable Laws in connection with your use of the Service.
16. DISCLAIMERS; NO WARRANTIES
16.1 No Warranties
THE WEBSITE, AND ALL DATA, INFORMATION, SOFTWARE, WEBSITE MATERIALS, CONTENT (WHETHER OWNED OR LICENSED), USER CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WEBSITE PARTIES DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, AVAILABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR COMPANY OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
OUR COMPANY AND THE WEBSITE PARTIES DO NOT WARRANT THAT THE WEBSITE OR ANY DATA, USER CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. OUR COMPANY AND THE WEBSITE PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT (1) OUR COMPANY OFFERINGS WILL (A) MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR BE TO YOUR LIKING, OR (B) WILL BE TIMELY, SECURE, ACCURATE, FREE FROM ERRORS OR LOSS, OR UNINTERRUPTED, (2) THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (3) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME FEATURES MAY BE NEW OR EXPERIMENTAL AND MAY NOT HAVE BEEN TESTED IN ANY MANNER.
16.3 Harm to your Computers
YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, WEBSITE MATERIALS, SOFTWARE, OR DATA THROUGH THE WEBSITE (INCLUDING THROUGH ANY API'S) IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS THEREFROM.
16.4 Limitations by Applicable Law
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
17. MUTUAL INDEMNIFICATION
17.1 Indemnification by Us
We shall indemnify, defend and hold you harmless from and against any judgments, settlements, costs and fees reasonably incurred (including reasonable attorney’s fees) resulting from any claim, demand, suit, or proceeding made or brought against You by a third party alleging that the Use of the Subscription Services hereunder infringes or misappropriates the valid intellectual property rights of a third party (a "Claim Against You"); provided that You (a) promptly gives Us written notice of the Claim Against You; (b) gives Us sole control of the defense and settlement of the Claim Against You (provided that Us may not settle any Claim Against You unless the settlement unconditionally releases You of all liability); and (c) provides to Us all reasonable assistance, at Our expense. In the event of a Claim Against You, or if Us reasonably believes the Subscription Services may infringe or misappropriate, Us may in Our sole discretion and at no cost to You (i) modify the Subscription Services so that they no longer infringe or misappropriate, without breaching Our warranties hereunder, (ii) obtain a license for Yours continued Use of Subscription Services in accordance with this Agreement, or (iii) terminate Yours subscriptions for such Subscription Services and refund to You any prepaid fees covering the remainder of the term of such subscriptions after the effective date of termination. Notwithstanding the foregoing, Us shall have no obligation to indemnify, defend, or hold You harmless from any Claim Against You to the extent it arises from (i) You Data or You Applications, (ii) Use by You after notice by Us to discontinue Use of all or a portion of the Subscription Services, (iii) Use of Services by You in combination with equipment or software not supplied by Us where the Service itself would not be infringing, (iv) or your breach of this Agreement.
17.2 Indemnification by You.
You shall indemnify, defend and hold Us harmless from and against any judgments, settlements, costs and fees reasonably incurred (including reasonable attorney’s fees) resulting from any claim, demand, suit or proceeding made or brought against Us by a third party alleging that You Data or You Application violates applicable law or a third party’s rights (a "Claim Against Us"); provided that Us (a) promptly gives You written notice of the Claim Against Us; (b) gives You sole control of the defense and settlement of the Claim Against Us (provided that You may not settle any Claim Against Us unless the settlement unconditionally releases Us of all liability); and (c) provides to You all reasonable assistance, at your expense.
17.3 Exclusive Remedy.
This Section 10 states the indemnifying party’s sole liability to, and the indemnified party’s exclusive remedy against, the other party for any type of claim described in this Section.
18. LIMITATION OF LIABILITY
OTHER THAN EACH PARTY’S OBLIGATIONS SET FORTH IN SECTION 16 (MUTUAL INDEMNIFICATION), NEITHER PARTY'S TOTAL AGGREGATE LIABILITY RELATING TO THESE TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) SHALL EXCEED THE AMOUNT PAID OR PAYABLE BY YOU FOR THOSE SERVICES GIVING RISE TO SUCH CLAIM UNDER THE APPLICABLE SUBSCRIPTION AND/OR IN THE TWO MONTHS PRECEDING THE APPLICABLE INCIDENT.
18.1 Exclusion of Consequential and Related Damages.
NEITHER PARTY SHALL HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. THESE TERMS OF SERVICE EXCLUDE ANY LIABILITY OF OUR COMPANY THAT MAY ARISE FROM YOU MAKING ANY BUSINESS RELATED DECISIONS AND INVESTMENTS BASED ON THE INFORMATION RECEIVED FROM US THROUGH CALLS, EMAILS, MESSAGES AND/OR ANY EDUCATIONAL MATERIALS, COURSES, TRAINING AND/OR CONSULTATION THAT YOU PURCHASED FROM US. OUR COMPANY SHALL HAVE NO LIABILITY IN CONNECTION TO ANY BUSINESS OR PERSONAL RELATED LOSSES THAT MIGHT OCCUR FOR YOU AND/OR YOUR BUSINESS. OUR MANDATE OF SERVICE IS LIMITED ONLY TO PROMOTING YOUR BUSINESS THROUGH SOCIAL MEDIA AND WE HAVE NO DIRECT CONTROL OVER ANY COMPANY-SPECIFIC MANUFACTURING, OPERATIONAL AND/OR HIRING PROCESSES FOR YOUR BUSINESS.
18.1.1 IN NO EVENT WILL OUR COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE OR YOUR INTERACTION WITH OTHER WEBSITE USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU TO OUR COMPANY, IF ANY, FOR ACCESSING THE WEBSITE DURING TWO MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
19. Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT OUR COMPANY HAS OFFERED THE WEBSITE AND ENTERED INTO THE TERMS IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND OUR COMPANY, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND OUR COMPANY. OUR COMPANY WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right.
21. FORCE MAJEURE
Neither party shall be liable under these Terms for delays or failures to perform the Services or these Terms due to causes beyond its reasonable control. Such delays include, but are not limited to, fire, natural catastrophe, government legislation, acts, orders, or regulation, strikes or labor difficulties, to the extent not occasioned by the fault or negligence of the delayed party. Any such excuse for delay shall last only as long as the event remains beyond the reasonable control of the delayed party. The delayed party shall use its best efforts to minimize the delays caused by any such event beyond its reasonable control. If the force majeure event continues for more than thirty (30) calendar days, then either party may terminate these Terms upon written notice to the other party
It is our intention to provide you with a high level of service at all times. If, however, there are occasions when we do not meet these standards, please let Us know as soon as possible by telephone, e-mail or in writing Using the contact details. We promise to deal with your concerns in a fair and objective manner.
No variation of these Terms of Service is held valid, unless in writing and signed by an authorized office of Advanced Economic Solutions Ltd.
Upon opening an account, you accept the Terms in the form posted on our website. From time to time we may review the Terms of Service. We reserve the right, at out sole discretion, to modify or replace these Terms at any time. We reserve the right to amend these terms where such amendments are required (such as to reflect current or future changes in law, or to meet regulatory requirements, industry guidance or best practice). Where possible we will provide you with at least 30 days written notice via email before such changes take effect. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. However, changes addressing new functions for a service or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms, you must discontinue your use of the Services. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes.
If any provision of the Terms of Service is found to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question will not be affected.
We may provide you with notices, including those regarding changes to the Terms, by email, postings on the Services, or other reasonable means. Notice will be deemed given twenty-four hours after email is sent, unless Our Company is notified that the email address is invalid. Alternatively, we may give you legal notice by email, if provided by you through the Services. In such case, notice will be deemed given three days after the date of mailing. Notices posted on the Services are deemed given 30 days following the initial posting. Any notices directed to Us shall be sent to our email at email@example.com
If any provision of the Terms of Service is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you without Our Company’s prior written consent, but may be assigned by Our Company without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.
23.4 Entire Agreement
24. GOVERNING LAW
The English language will be Used for all communications. These Terms of Service and any information we are required to supply to you, before and during the period of the contract shall be governed by the laws of Republic of Bulgaria and the parties agree herewith that any dispute arising out of it shall be subject to the exclusive jurisdiction of the Bulgarian Courts.