| Terms & Conditions |
| |
| General |
| This User Agreement (the "Agreement")
governs the terms of the use by User of services offered by e-Fervour
Ltd trading as Linguist Finder. User agrees to receive access
to E-Fervour LTD services according to the following terms and
conditions: |
| Term |
| This Agreement may be terminated
by User or E-Fervour LTD at any time without prior notice and
without cause. |
| Your Responsibility |
| It is User's responsibility
to ensure that the the details supplied including the prices quoted
are accurate. If a customer books User's services and User has
supplied the wrong price then they may expect User to honour the
price you supplied. E-Fervour LTD does not accept responsibility
for incorrect details which User posts. |
| |
| Honesty |
| User should be honest when giving details of qualifications
and experience. If E-Fervour LTD discovers that User has given
false details then E-Fervour LTD reserves the right to remove
that User from our website without any warning or recompense. |
| |
| Reliability |
| E-Fervour LTD only allows competent, able, and
reliable linguists to appear on this website. Customers who book
linguists through ourselves are asked for feedback. If E-Fervour
LTD gets a significant amount of negative feedback about any linguist
then E-Fervour LTD reserves the right to suspend or remove that
User from this website without recompense. |
| |
| Compliance with Law |
| User will use the services offered by E-Fervour
LTD in a manner consistent with all applicable laws and regulations. |
| |
| Backup of Data |
| E-Fervour LTD is not responsible for User's data
residing on E-Fervour Ltd's or its host's servers. |
| |
| Prohibition of Publication
of Certain Material |
User shall not knowingly or unknowingly
submit to E-Fervour LTD any of the following material (including
pictures, links, or any other content):
(a) any material which violates or infringes any copyright, trademark,
trade secret, patent, statutory, common law or other proprietary
rights of others;
(b) any material that is libelous or slanderous;
(c) any material which is or contains anything obscene or pornographic.
E-Fervour LTD does not screen in advance User's material submitted
to Linguist Finder or
E-Fervour Ltd. Registration at Linguist Finder or E-Fervour
LTD does not create any express or implied approval by E-Fervour
LTD of such material, nor does it indicate that such material
complies with the terms of this Agreement.
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| |
| Disclaimer of Warranties |
E-Fervour LTD's service is provided on an "as
is, as available" basis.
E-Fervour LTD specifically disclaims any other warranty, express
or implied, including any warranty of merchantability or fitness
for a particular purpose. In no event shall E-Fervour LTD be liable
for any consequential, indirect, special or incidental damages,
even if E-Fervour LTD has been advised by user of the possibility
of such potential loss or damage. If E-Fervour LTD's service to
User is disrupted or malfunctions for any reason, E-Fervour LTD
shall
not be responsible for losses of income due to disruption of service
during the period of disruption of malfunction.
|
| Limitation/Disclaimer
of Liability |
Whilst E-Fervour LTD is not in the
habit of distributing user details to third parties unless requested
to by law, E-Fervour LTD is not liable for protection or privacy
of electronic mail or other information transferred through the
Internet or any other network E-Fervour LTD or its customers may
utilise. E-Fervour LTD does not represent or warrant to User that
User will receive continual and uninterrupted service during the
term of this Agreement. In no event shall E-Fervour LTD be liable
to User for any damages resulting from or related to any failure
or delay of E-Fervour LTD to provide service under this Agreement
if such delays or failures are due to strikes, riots, fire, inclement
weather, acts of God, theft or vandalism or other causes beyond
E-Fervour LTD 's control, as defined by standard practices in
the industry. Such failure or delay shall not constitute a default
under this Agreement
|
| Indemnity |
| User agrees to defend, indemnify and hold E-Fervour
LTD harmless from and against any and all claims, losses, liabilities
and expenses (including attorneys' fees) related to or arising
out of the services provided by E-Fervour LTD to User under this
Agreement, including without limitation claims made by third parties
(including customers of User) related to any false advertising
claims, liability claims for products or services sold by User,
claims for patent, copyright or trademark infringement, claims
due to disruption or malfunction of services provided hereunder,
or for any content submitted by User. |
| |
| Commission |
| Whilst e-Fervour LTD does not charge
for the actual promotional side of our marketing service, e-Fervour
LTD does charge a minimum commission (currently just 15%)* for
bookings generated. By agreeing to these terms and conditions
User agrees to pay commission for each booking request. Commission
is payable by credit or debit card, so you need one of these.
Payment should be within 45 days of the customer's requested by
date for jobs prior to Feb 2004 and at the time the job is accepted
for jobs thereafter. |
| |
| * The commission is currently a minimum of 15%
when using UK £, US $, or Euros. For all other currencies
it is approximately 15% but can vary according to exchange rates
and the times we update our system. There are no plans to change
this rate of commission, but the user accepts that this may change
in the future. User will have the opportunity to see the commission
payable before accepting bookings. Late payments are charged at
a mimimum of 17.5% |
| |
| Email |
| Email is an important means of communication at
Linguist Finder. If customers book online then the job may be
lost if User's email address is not reliable. User therefore agrees
to provide a reliable email address for correspondence. If E-Fervour
LTD discovers that User's email address is unreliable then E-Fervour
LTD reserves the right to suspend User from the Linguist Finder
service without recompense until such a time when User provides
a reliable email address. |
| |
| Feedback |
| User agrees that feedback may be posted on User
profiles on the LInguist Finder website by customers or by E-Fervour
LTD and can remain on the Linguist Finder website for a period
of time specified soley by E-Fervour LTD. |
| |
| Waiver |
| Any party's failure to insist on compliance or
enforcement of any provision of this Agreement shall not affect
its validity or enforceability or constitute a waiver of future
enforcement of that provision or of any other provision of this
Agreement. |
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