These terms and conditions are the contract between you and JAHRETT Limited trading as FILE EXPENSES (“us”, “we”, etc).
By visiting or using Our Website or APP, or signing up for our Services, you agree to be bound by them. These are the conditions of sale for the services of FILE EXPENSES available at the site http://www.FILE EXPENSES.com or any other site as may be established by us.
We are JAHRETT LIMITED, a company registered in Ireland, number 297487 trading as FILE EXPENSES, a business registered in Ireland, number 450144.
Our address is:
Waterside Business Centre, Proby's Quay, Cork. Ireland
VAT Registration Number: 8297487N
You are: Anyone who uses Our Website or APP or buys Service from us.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website or APP and stop using the site and APP or the Services immediately. We regret that if there are one or more points below with which you are not happy, your only recourse is to leave our web site immediately and to stop using our services.
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE "AGREE" BUTTON, REGISTERING FOR A FILE EXPENSES ACCOUNT, DOWNLOADING OF THE APPLICATION OR ANY APPLICATION UPGRADES, USING THE APPLICATION ON YOUR MOBILE DEVICE, OR ACCESSING OR USING THE FILE EXPENSES SERVICE, OR BY DOWNLOADING, SUBMITTING OR POSTING ANY CONTENT FROM, OR ON, OR THROUGH THE FILE EXPENSES SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE FILE EXPENSES SERVICES, SITE OR APP CONTENT.
If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
These are the agreed terms:
|Content||means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.|
|Intellectual Property||means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trade marks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.|
|Our Website||means any website, APP or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all web pages controlled by us.|
|Post||means place on or into Our Website any Content or material of any sort by any means.|
|Services||means all of the services available from Our Website or APP, whether free or charged.|
|Visitor||means anyone who visits Our Website or APP.|
In this agreement unless the context otherwise requires:
2.1. a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
2.2. a reference to a person includes reference to that person’s successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that person.
2.3. in the context of permission, “may not” in connection with an action of yours, means “must not”.
2.4. the headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.
2.5. any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
2.6. except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
2.7. a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
2.8. these terms and conditions apply to all supplies of Services by us. They prevail over any terms proposed by you.
2.9. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
File Expenses may provide you with password access to facilitate use of our services which may include personal budgeting, expense management and approval, billable time management and invoicing as well as related expense and receipt management services. You will be responsible for maintaining the confidentiality of your username and password and for all activities performed using your username and password.
You will ensure that any information entered into our system is accurate, reliable and complete. File Expenses provides you with templates for data entry but offers no warranty as to the accuracy, timeliness, completeness or reliability of data entered or claimed by you.
4.1. In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website or APP.
4.2. Subject to these terms and conditions, we agree to provide to you some or all of the Services described on Our Website and APP for a period of one year at the prices we charge from time to time.
4.3. You acknowledge that you understand exactly what is included in the Services and you are satisfied that the Services are suitable and satisfactory for your requirements.
4.4. So far as we allow use of our Intellectual Property, we grant a licence to you, limited to the terms set out in this agreement.
4.5. Our contract with you and licence to you are for the period of payment. Your continued use of our Services shall be deemed acceptance by you of the Service, system and/or terms.
4.6. The contract between us comes into existence when we receive payment from you for a Service as agreed between us.
4.7. We may change this agreement and / or the way we provide the Services, at any time. If we do:
4.7.1 the change will take effect when we Post it on Our Website or to our APP.
4.7.2 we will give you notice of the change.
4.7.3 if you make any payment for Services or goods in the future, you will do so under the terms Posted on Our Website or APP at that time.
4.7.4 Any software associated with the Services is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
5.1. When you visit Our Website or APP, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
5.2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
5.3. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
6.1. For all purposes at law, the contract between us is not made until you have agreed these terms, whether via Our Website or in hard copy, and we have agreed in writing to provide the Service you want.
6.2. Whether or not you have paid any money to us at that time is neither relevant to the start of the contract or your right to cancel.
6.3. The contract is not made automatically at the point when you have agreed to these contract terms. That is merely your offer. The contract is made later, when we accept and agree to provide the Service you want.
6.4. Most customers want us to supply a Service before the expiry of the 14 day cancellation period. Our business system therefore operates on the basis that we supply a Service as soon as we can, without waiting for the 14 day cancellation period to expire.
6.5. Before we agree to supply a Service, we therefore ask that you give up your right to cancel, as the Regulations allow. If you do not agree, we shall not be able to work for you within 14 days of receiving your order.
6.6. So far as our Service is continuing, you may cancel it at any time before we have completely provided it. If you do, we will return to you any money paid after deduction of an appropriate amount to cover any part of the Service we have supplied, including work we may not by then have told you about.
6.7. The Regulations do not remove other statutory rights you may have.
6.8. Free Services (if any) are not covered by the Regulations. FILE EXPENSES provides a FREE version of its service to PERSONAL users (consumers) and a fee bearing service to business (professional, enterprise and corporate) users.
6.9. In the event of cancellation of an order by you in compliance with these terms, we will refund any money due to you within 14 days.Your account and personal information
Under the European Union Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason.
7.1. Before we agree to provide our service, we therefore ask that you give up your right to cancel, as the law allows. If you do not agree, we shall not work for you.
7.2. If you tick the box on our website to confirm acceptance of this agreement / our contractual terms and conditions, you:
confirm that you want us to allow subscription / supply service before the expiry of 14 days.
confirm that you want us to immediately allow subscription, whether this is incidental to a service or sold separately.
accept that you will lose your right to cancel the contract.
understand that your agreement is a term of the contract between us.
8.1. The prices payable for Services are clearly set out on Our Website for Professional and Enterprise clients and provided by quotation to Corporate clients. A FREE but limited personal user account is also available.
8.2. The price charged for any Services may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country.
8.3. Prices are exclusive of any applicable value added tax or other sales tax.
9.1. At least four weeks before expiry of the period for which you have paid, we shall send you a message to your last known email address to tell you that you licence to use the Services is shortly to expire and to invite you to renew. An invoice for the new period will be included.
9.2. At any time before expiry of your subscription, you may use the “Account” tab on Our Website to access your personal information and change your requirements for Services or cancel renewal.
9.3. At expiry of your FILE EXPENSES subscription we shall automatically take payment from your credit card of the sum specified on the invoice sent earlier and shall confirm the renewal of your FILE EXPENSES subscription for a further period by sending you an email message.
10.2. If you Post Content to any public area of Our Website it becomes available in the public domains. We have no control who sees it or what anyone does with it.
10.3. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
10.4. We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
10.5. We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
10.6. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright and Related Rights Act 2000.
10.7. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
10.8. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
10.9. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
10.10. Please notify us of any security breach or unauthorised use of your account.
We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted to us a licence to use it in the terms set out above.
We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.
We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever way we can.
You agree that you will not use or allow anyone else to use Our Website or APP to Post Content or undertake any activity which is or may:
11.1. be unlawful, or tend to incite another person to commit a crime;
11.2. consist in commercial audio, video or music files;
11.3. be obscene, offensive, threatening, violent, malicious or defamatory;
11.4. be sexually explicit or pornographic;
11.5. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
11.6. request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
11.7. be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
11.8. include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of receipts/bills/invoices in such place as we designate;
11.9. facilitate the provision of unauthorised copies of another person's copyright work;
11.10. link to any of the material specified in this paragraph;
11.11. Post excessive or repeated messages to any support forum or group;
11.12. Sending age-inappropriate communications or Content through any support forum or otherwise.
You may only access information stored in the system for lawful purposes and are not to use such information for the purpose of committing or furthering fraudulent acts or commit such acts that would give rise to both or either civil and criminal liability.
You agree not to provide or enter such information that can be regarded as libellous, malicious, profane, fanning ethnic or racial tensions, immoral or any such information which any reasonable person would consider objectionable on grounds of good conscience.
You may not use any means to restrict or prevent another subscriber from accessing or enjoying the service.
You may not submit or post any unsolicited, unauthorised or annoying material to other persons through the use of the service, or send any promotional materials, advertise, engage in phishing, spamming, sending out of chain letters or engage in any form of improper solicitation.
You may not upload material into the system that seriously infringes the intellectual properties of other people, or upload material that places unnecessary load as to affect the performances of our websites, systems and equipment.
You may not lease, sell, pledge, sub license, assign or otherwise deal with the software belonging Jahrett Ltd./File Expenses in a manner that is inconsistent with our intellectual property rights over the software.
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, any Posting to our website or app must not contain:
13.1. hyperlinks, other than those specifically authorized by us;
13.2. keywords or words repeated, which are irrelevant to the Content Posted.
13.3. the name, logo or trademark of any organisation other than yours.
13.4. inaccurate, false, or misleading information.
14.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
14.2. We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
14.3. If you are offended by any Content, the following procedure applies:
14.3.1 your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
14.3.2 we shall remove the offending Content as soon as we are reasonably able;
14.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
14.3.4 we may re-instate the Content about which you have complained or not.
14.4. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
14.5. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
If you violate Our Website or APP we shall take legal action against you. You now agree that you will not, and will not allow any other person to:
15.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
15.2. link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
15.3. download or copy any part of Our Website, without our express written consent;
15.4. collect or use any product listings, descriptions, or prices;
15.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
15.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
15.7. share with a third party any login credentials to Our Website;
15.8. Despite the above terms, we now grant a licence to you to:
15.8.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
15.8.2 you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.
16.1. You must not upload to, or store on our servers any material or Content which you are not permitted by this agreement to Post to Our Website.
16.2. You may not share, let or sub-license space on our servers (except where authorised).
16.3. You may not upload to any server, any of the following pages, namely those:
16.3.1 pages with banners, graphics or CGI scripts running from their domain being used on other domains. (e.g., hot-linking, image-sucking, load-spreading);
16.3.2 pages with very large graphic archives or galleries;
16.3.3 pages offering download archives or large media distribution (>5GB), such as .zip, .tar, .sit, .ra, .avi, .mov, .asf and .GZ;
16.3.4 pages containing prohibited material;
16.3.5 pages likely to use more system resources than allocated.
16.4. You may not send email messages through our systems.
This agreement may be terminated:
17.1. upon either of us giving the other 14 days notice in writing addressed by post to the last known land address or by e-mail to the last known e-mail address of the other of us. For this and all purposed in connection with this agreement, our addresses are as at the head of this document. If your cancellation is to be effective, you must give us full information to enable us to identify:
17.1.1 who you are and;
17.1.2 that you have proper authority to cancel and;
17.1.3 the Services you wish to cancel.
17.2. when we terminate it, without notice, on account of your failure to comply with these terms.
17.3. immediately by either party if a trustee receiver administrative receiver or similar officer is appointed in respect of all or any part of the business or assets of the other party or if a petition is presented or a meeting is convened for the purpose of considering a resolution or other steps are taken for the winding up of the other party or for the making of an administration or bankruptcy order (otherwise than for the purpose of an amalgamation or reconstruction).
17.4. Any termination of this agreement by this paragraph shall be without prejudice to any other rights or remedies to which a party may be entitled.
17.5. Termination by either party shall have the following effects:
17.5.1 your right to use the Services immediately ceases;
17.5.2 we are under no obligation to forward any unread or unsent messages to you or any third party;
17.6. In the event of such termination by us, we will within 14 days refund to you the balance of your cost outstanding for any Service, pro rata with time not elapsed;
17.7. There shall be no re-imbursement or credit if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.
18.1. If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we judge the down time is such as to justify telling you.
18.2. You acknowledge that the Services may also be interrupted for many reasons beyond our control.
18.3. You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.
18.4. You agree that we may interrupt services to update our services, website and app as necessary to improve services to you and all customers.
19.1. You agree that any website or APP updates are globally applied. It will not be possible to either delay an update for any customer testing or to retain or maintain older versions. Any changes we make to either our website or App will be implemented at our discretion.
19.2. You agree that, although we may provide notice of any changes, we may implement any and all changes to File Expenses without reference to you.
You agree that at all times you will:
20.1. not to cause or permit anything which may damage or endanger our title to the Intellectual Property.
20.2. notify us of any suspected infringement of the Intellectual Property;
20.3. indemnify us for any loss or expense arising from your misuse of the Intellectual Property;
20.4. on the expiry or termination of this agreement immediately stop using the Intellectual Property except as expressly authorised by us in writing;
20.5. not use any name or mark similar to or capable of being confused with any name or mark of ours;
20.6. so far as concerns software provided or made accessible by us to you, you will not:
20.6.1 copy, or make any change to any part of its code;
20.6.2 use it in any way not anticipated by this agreement;
20.6.3 give access to it to any other person than you, the licensee in this agreement;
20.6.4 in any way provide any information about it to any other person or generally.
20.7. not use the Intellectual Property except directly in our interest.
20.8. not make or cause any copies of File Expenses proprietary and intellectual property which constitute trade secrets. You will take all reasonable steps to prevent any unauthorised copying, or to disclose to any third party any trade secrets that you may come across while using File Expenses services and website. Use of File Expenses does not constitute sale or transfer of any of our rights in the software. Equally, without any prejudice to the foregoing, any information or data entered into File Expenses by you or otherwise provided on your behalf will remain your property.
20.9. agree FILE EXPENSES retain ownership of all proprietary rights in the Services and in all trade names, trademarks and service marks associated or displayed with the Services. You will not remove, deface or obscure any of the Company's or its suppliers' copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Services. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Services.
21.1. You agree that bandwidth and storage requirement shall not exceed the amount ordered by you or agreed and provided by us.
21.2. If your bandwidth and storage requirement exceeds any contractually ordered amount or is deemed excessive we may at our discretion:
21.2.1 charge an additional fee and such charges to be paid within 30 days of the invoice date or
21.2.2 if in our opinion your usage puts at risk the continued Services provision to other customers, we may limit the Services we provide. We may not be able to give you notice of this.
21.3. We assume no responsibility for any deletion or failure to store your material or deliver our services.
21.4. We may, from time to time, set a bandwidth and data storage limit on our Services. We shall give you notice of any change, except in an emergency.
21.5. You accept that we cannot be liable to you for any such deletion or failure to store material or deliver services to you.
21.6. We maintain reasonable procedures for general backup of data on a daily basis for our own purposes but we give no warranty that your data will be saved or backed up in any particular circumstances.
21.7. We provide you with the opportunity to download a copy of all data stored by us through our services to you and you accept responsibility for maintaining your own internal backup storage of this data to comply with your requirements for data analytics and for any purpose prescribed by law.
22.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
22.2. All implied conditions, warranties and terms are excluded from this agreement.
22.3. The File Expenses Website/App and File Expenses Services are provided “as is”. We make no representation or warranty that the services will be:
22.3.1 useful to you;
22.3.2 of satisfactory quality;
22.3.3 fit for a particular purpose;
22.3.4 available or accessible, without interruption, or without error;
22.4. Our Website may contain links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
22.5. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
22.6. We accept no responsibility for:
22.6.1 malfunction in any hardware provided by you;
22.6.2 malfunction in any software provided by you;
22.6.3 malfunction in any software provided by us;
22.6.4 any firewall provision not specified in the Services;
22.6.5 delivery of material or privacy of any transmission;
22.7. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Services concerned. 22.8. Our total liability under this Agreement, however it arises, shall not exceed the sum of €5,000
22.9. We shall not be liable to you for any loss or expense which is:
22.9.1 indirect or consequential loss; or
22.9.2 economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
22.10. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
22.11. Nothing in this agreement excludes liability for a party's fraud.
THE FILE EXPENSES SERVICE AND SITE CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FILE EXPENSES EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FILE EXPENSES MAKES NO WARRANTY THAT FILE EXPENSES SERVICE OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. FILE EXPENSES MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, THE FILE EXPENSES SERVICE OR SITE CONTENT PURCHASED OR OBTAINED THROUGH THE FILE EXPENSES SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE FILE EXPENSES SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FILE EXPENSES OR THROUGH THE FILE EXPENSES SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE FILE EXPENSES SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE FILE EXPENSES SERVICE. YOU UNDERSTAND THAT FILE EXPENSES DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE FILE EXPENSES SERVICE, NOR DOES FILE EXPENSES MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE FILE EXPENSES SERVICE. FILE EXPENSES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE FILE EXPENSES SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE FILE EXPENSES SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE FILE EXPENSES SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE FILE EXPENSES SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
27.1. your failure to comply with the law of any country;
27.2. your breach of this agreement;
27.3. any act, neglect or default by any agent, employee, licensee or customer of yours;
27.4. a contractual claim arising from your use of the Services
27.5. a breach of the intellectual property rights of any person;
27.6. For the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at €300 per hour without further proof.
28.1. You undertake to provide to us your current land address, e-mail address, telephone number as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
28.2. The schedules, if any, to this agreement are part of the agreement and have the same force and effect.
28.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
28.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
28.5. If you are in breach of any term of this agreement, we may:
28.5.1 publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
28.5.2 terminate your account and refuse access to Our Website;
28.5.3 remove or edit Content, or cancel any order at our discretion;
28.5.4 issue a claim in any court.
28.6. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
28.7. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
28.8. These terms are copyright of NL Document Library LTD and File Expenses
28.9. You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you.
28.10. Any communication to be served on either of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery.
28.10.1 It shall be deemed to have been delivered:
126.96.36.199 if delivered by hand: on the day of delivery;
188.8.131.52 if sent by post to the correct address: within 72 hours of posting;
28.11. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
28.12. This agreement does not give any right to any third party.
28.13. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control, including any labour dispute between a party and its employees.
28.14. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
28.15. The validity, construction and performance of this agreement shall be governed by the laws of the Republic of Ireland and the parties hereto irrevocable submit to the exclusive jurisdiction of the courts of the Republic of Ireland.
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