THE FOLLOWING DEFINITIONS AND RULES OF INTERPRETATION APPLY IN THESE CONDITIONS.
1.1 A relevancy a statute or statutory provision could be a relevance it as amended or re-enacted. A respect to a statute or statutory provision includes all subordinate legislation made under it statute or statutory provision.
1.2 Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.3 A reference to writing or written includes faxes and emails.
(a) Make sure that the terms of the Order are complete and accurate;
(b) co-operate with the Supplier altogether matters regarding the Services;
(c) provide the Supplier with such information and materials because the Supplier may reasonably require so as to provide the Services, and make sure that such information is complete and accurate altogether material respects;
(d) obtain and maintain all necessary licences, permissions and consents which can be required for the Services before the date on which the Services are to start;
(e) Suits all applicable laws;
(f) befits any additional obligations as began within the Specification; and
(g) pay the Supplier’s Charges issued via invoices on an agreed cycle to incorporate, but not necessarily limited to,thirty days,three months, six monthsortwelve months.
(a) Without limiting or affecting the other right or remedy available thereto, the Supplier shall have the proper to suspend performance of the Services until the Customer remedies the Customer Default, and to depend on the Customer Default to alleviate it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays the Supplier’s performance of any of its obligations;
(b) the Supplier shall not be answerable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier’s failure or delay to perform any of its obligations as embarked on during this clause 4.2; and
(c) t the Supplier shall not be answerable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier’s failure or delay to perform any of its obligations as embarked on during this clause 4.2; and.
(a) the fees shall be calculated in accordance with the Supplier’s monthly fee rates, as kicked off within the Order Form;
(b) The Supplier’s daily fee rates for every individual campaign are calculated on the idea of an eight-hour day from 9:00 am to 5:00 pm worked on Business Days;
(c) the Supplier shall be entitled to charge the Customer for any expenses reasonably incurred by the individuals whom the Supplier engages in reference to the Services including travelling expenses, hotel costs, subsistence and any associated expenses, and for the price of services provided by third parties and required by the Supplier for the performance of the Services, and for the value of any materials.
I note your lengthy comment inserted here within the last version. i’m unsure whether you were objecting to the present clause specifically, except for the sake of clarity, all thatClause 5.3 does is entitle you to extend your prices in line with inflation. i feel that the rest of the Terms, along with your form account for the flexible nature of your services and pricing structure.
(a) Immediately upon receipt; and
(b) ifully and in cleared funds to a checking account nominated in writing by the Supplier, and
(c) time for payment shall be of the essence of the Contract.
(a) take appropriate technical and organisational measures against the unauthorised or unlawful processing of private Data and against the accidental loss or destruction of, or damage to, Personal Data to confirm A level of security appropriate to:
(b) take reasonable steps to make sure compliance with those measures.
(a) effective and enforceable Terms and Conditions and Privacy Policies drafted by reputable legal advisors which are accessible and prominently displayed on its website; and
(b) an automatic voicemail greeting audible to callers upon connection of telephone calls from the phonephone number provided by the Supplier to be used on its website that notifies callers that their calls are being recorded which the recording’s terms and compliance with privacy data protection laws are accessible from the Customer’s website
(a) Is on terms which are substantially the identical as those taken off within the Contract; and
(b) Terminates automatically on termination of the Contract for any reason.
8.1 Nothing within the Contract shall limit or exclude the Supplier’s liability for: (a) Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) Breach of the terms implied by section 2 of the availability of products and Services Act 1982 (title and quiet possession) or the other liability which can’t be limited or excluded by applicable law.
(a) Loss of profits;
(b) Loss of sales or business;
(c) Loss of agreements or contracts;
(d) Loss of anticipated savings;
(e) Loss of use or corruption of software, data or information;
(f) Loss of harm to goodwill; and
(g) Any indirect or consequential loss.
(a) The opposite party commits a fabric breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 14 days of that party being notified in writing to try and do so;
(b) The opposite party takes any step or action in reference to its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relevance a solvent restructuring), being tense (whether voluntarily or by order of the court, unless for the aim of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to hold on business or, if the step or action is taken in another jurisdiction, in reference to any analogous procedure within the relevant jurisdiction;
(c) The opposite party suspends, or threatens to suspend, or ceases or threatens to cease to hold on all or a considerable a part of its business; or
(d) The opposite party’s financial position deteriorates to such an extent that within the terminating party’s opinion the opposite party’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.
(a) Giving written notice to the Customer if the Customer fails to pay any amount due under the Contract on the day of the month for payment; or
(b) There’s a change of Control of the Customer.
(a) The Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices and interest and, in respect of Services supplied except for which no invoice has been submitted, the Supplier shall submit an invoice, which shall be payable by the Customer immediately on receipt;
(b) The Customer shall return all of the Deliverables which haven’t been fully purchased. If the Customer fails to try and do so, then the Supplier may enter the Customer’s premises and take possession of them. Until they need been returned, the Customer shall be solely liable for their safe keeping and can not use them for any purpose not connected with the Contract.
(a) The Supplier may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in the other manner with any or all of its rights and obligations under the Contract.
(b) TThe Customer shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in the other manner with any of its rights and obligations under the Contract without the prior written consent of the Supplier.
(a) Each party undertakes that it shall not at any time open up to a person any steer concerning the business, affairs, customers, clients or suppliers of the opposite party, except as permitted by clause 11.3(b).
(b) Each party may disclose the opposite party’s confidential information:
(c) Neither party shall use the opposite party’s lead for any purpose apart from to perform its obligations under the Contract..
(a) Any notice or other communication given to a celebration under or in reference to the Contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in the other case); or sent by fax to its main fax number or sent by email to the address per the form
(b) Any notice or other communication shall be deemed to possess been received: if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the correct address; if sent by pre-paid firstclass post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service; or, if sent by fax or email, at 5.00 pm on the subsequent Business Day after transmission.
(c) TThis clause doesn’t apply to the service of any proceedings or other documents in any legal proceeding or, where applicable, the other method of dispute resolution.
(a) Unless it expressly states otherwise, the Contract doesn’t produce to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
(b) TThe rights of the parties to rescind or vary the Contract aren’t subject to the consent of the other person. .
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