These Terms are binding on any use of the Service and apply to You from the time that Servilles provides You with access to the Service.
By registering to use the Service you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.
“Confidential Information” includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
“Customer” means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.
“Data” means any data inputted by You or with Your authority into the Website.
“Fee and Fees” means the fees (including any taxes and duties) payable by You in accordance with the fee schedule set out on the Website (which Servilles may change from time to time on notice to You).
“Intellectual Property Right” means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
“Service” and “Services” means as our customer, Servilles provides You with access to a variety of software and services as well as information on our website (collectively, “Services”). All these Services are subject to this Agreement, as revised from time to time.
“Servilles” means Servilles Business Consulting Limited, [and any of its affiliates or subsidiaries] together with its successors and assigns.
“Website” means the Internet site at the domain www.servillesbusiness.com or any other site operated by Servilles used for the provision of the Service.
“Invited User” means any person or entity, other than the Subscriber, that uses the Service with the authorisation of the Customer from time to time.
“You” means the Customer. “Your” has a corresponding meaning.
- This Agreement applies to all users who access and/or use the Website or Services supplied by Servilles including on-line business consulting and E-learning. This Agreement applies with respect to your access and/or use of the Website regardless of where the Service is made available.
- The Website is owned and operated by Servilles.
- You agree that by using the Website you are at least 18 years of age and you are legally able to enter into a contract.
- This Agreement contains the terms and conditions between You and Servilles. By using any portion of any Website or the Services you agree to be bound by this Agreement.
- Servilles may modify this Agreement or any part hereof at any time as may be required for the use of the Services or the Website and for other legitimate business purposes. Servilles will use reasonable efforts to inform you of any material changes to this Agreement. However, You are encouraged to check the terms of this Agreement frequently. By using the Website or the Services (including maintaining your account) after any modifications to this Agreement have been made, You agree to be bound by such modified Agreement.
- Servilles grants You a limited, nonexclusive, non-transferable, revocable right to use the Website and Services in accordance with the type of Service paid for by You provided that You at all times fully comply with all terms and conditions of this Agreement and all other requirements contained on the Website.
Use of Website and Services
- If any portion of the Services requires You to register, You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for any and all activities that occur under your account.
- As a condition of using the Services, You shall not use the Services for any purpose that is unlawful or prohibited by this Agreement or that could create liability for Servilles. You must not use the Services in any manner that could damage, disable, overburden, or impair any Servilles server, or the network(s) connected to any Servilles server, or interfere with any other party’s use and enjoyment of any Services. You shall not attempt to gain unauthorised access to any Services, other accounts, computer systems or networks connected to any Servilles’ server or to any of the Services, through hacking, password mining or any other means. You shall not operate robots or spiders to scan Servilles’ databases or web pages. You shall not use “deep linking” to Servilles’ web pages.
As a condition of using the Services, You shall:
- be responsible for your employees and agents that use the Services;
- comply with any limitations or restrictions set forth in this Agreement or on the Website; and
- use the Services only in compliance with applicable law.
- You must only use the Service and Website for Your own lawful purposes, in accordance with this Agreement and any notice sent by Servilles or condition posted on the Website.
As a condition of this Agreement, when accessing and using the Services, You must:
- not attempt to undermine the security or integrity of Servilles’ computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;
- not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;
- not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
- not transmit, or input into the Website, any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
- not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.
- Without limiting other remedies, Servilles’ may limit, suspend or terminate the Services and Your accounts, delay or remove Your content, or use other technical and legal measures to stop You from causing harm, if Servilles believes that your company’s activities are creating problems, possible legal liabilities, or acting inconsistently with this Agreement.
Fees and Payment
- You shall ensure that all credit card and payment information presented by You is accurate and correct and kept updated at all times and that You are fully authorised to use such credit card and payment information for the purposes of paying for Services made available via the Website.
- You are solely responsible for paying all fees incurred for the use of the Website. You shall also be responsible to reimburse Servilles for any expenses incurred by Servilles to collect fees, including but not limited to any fees resulting from incorrect credit card information or legal and other costs incurred by Servilles in remedying any default by you or breach of this Agreement.
User Name and Password
- When You create and open an account with Servilles, you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, user name and/or password. You may not use the account, username or password of someone else at any time. You will immediately notify Servilles of any unauthorised use of Your password, user name, e-mail, or any other breach of security. Servilles encourages You to change Your password at least once a month. Servilles will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. Servilles will hold you liable and responsible for any losses incurred by Servilles due to someone else’s use of your account or password.
Links and Applications
- The Website may contain links or other content related to web sites, products and/or services offered by third parties. Servilles has no control over any such links, content, web sites, products or services or any information provided or transmitted via such links, web sites, products or services, or otherwise provided by any such third party. You acknowledge and agree that Servilles is not responsible for the availability of such third party links, content, web sites, products or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. You warrant and agree that Servilles will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, web site, content, product and/or service.
- From time to time, plug in or add-on online applications that integrate or interoperate with Servilles’ Services (“Applications”) may become available. If You choose to install, access or enable an Application, You agree that the third party Application provider may acquire access to Your account and Data as required for the interoperation or integration of such Application. Accordingly, such Applications are governed by their own terms and conditions and are not considered Services under the Agreement. You assume full responsibility for any damages, losses, costs, or harm arising from the use of or inability to use such Applications. To the fullest extent permitted by law, Servilles disclaims all liabilities with respect to Your use of or inability to use such Applications and the performance or non-performance of such Applications (including direct, indirect, incidental, punitive or consequential damages).
- Servilles has no obligation to monitor such Applications and does not control or endorse the content, messages or information found in such Applications and specifically disclaims any liability with regard to such content, messages or information. Servilles does not monitor or control such Applications’ service limitation, suspension or termination of their services and specifically disclaims any liability with regard to such Applications’ service limitation, suspension or termination. Except as expressly warranted in this agreement, all such Applications are provided “as is” and Servilles hereby disclaims all warranties and conditions with regard to such Applications, whether express, implied or statutory, including all warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
- Servilles may include on the Website advertisements on its own behalf or paid advertisements on behalf of third parties. By clicking on the advertisements, You may be redirected to a web site of the advertiser or receive other messages, information or offers from the advertiser.
- You acknowledge and agree that Servilles is not liable or responsible for the content, products or services of such advertisers or the web sites, links, information, messages, offers or privacy practices of such advertisers. You are wholly liable for all communications and transactions with advertisers.
Modifications and Interruption of Services
- Servilles reserves the right to modify or discontinue, temporarily or permanently, any Service or Website, with or without notice to You. You agree that Servilles shall not be liable to you or to any third party for any modification or discontinuance of any Service or Website offered by Servilles, or for any losses or damages that may result to You or any third party from such discontinuation or interruption of Services or Website.
- Servilles’ Services depend on various factors such as software, hardware and communications networks of Servilles, its contractors and suppliers. Servilles does not guarantee that Servilles’ service will be uninterrupted or that it will be timely, secure or error-free.
- Whilst Servilles intends that the Services and Website should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place. If for any reason Servilles has to interrupt the Services or Website for longer periods than Servilles would normally expect, Servilles will use reasonable endeavours to publish in advance details of such activity on the Website.
- As a condition of this Agreement, if You use any communication tools available through the Website (such as any forum, chat room or message centre), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use).
- When You make any communication on the Website, You represent that You are permitted to make such communication. Servilles is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services. As with any other web-based forum, You must exercise caution when using the communication tools available on the Website. However, Servilles does reserve the right to remove any communication at any time in its sole discretion.
- Servilles has no obligation to monitor the Services. However, Servilles reserves the right to review materials sent through the Services and to remove any materials in its sole discretion.
- Servilles does not control or endorse the content, messages or information found in any Services and, therefore, Servilles specifically disclaims any liability with regard to such content, messages or information.
Servilles’ Intellectual Property
- The Sites contain Intellectual Property Rights including copyrighted material, trade secrets and proprietary information owned by Servilles or its licensors. This Agreement does not grant to You any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of the Website or any material or information appearing on the Website or any Services offered by Servilles. You may not create any derivative work or technology based upon any trade secret, Intellectual Property Rights, confidential or proprietary information of Servilles or its licensors. Furthermore, You may not sub-license, assign, transfer, sell or make any other commercial use of his or her Your access to the Website or Services.
- You shall not adapt or use any trademark, service mark, trade name, logo or domain name similar to or likely to be confused with those of Servilles or its licensors, or take any other action that infringes upon or impairs Servilles’ trademark or other Intellectual Property Rights.
- Servilles or its suppliers are the sole owners of all Intellectual Property Rights, and in particular the copyright, trademarks, database and patents, in the Website and in any software, application, graphics, text and other materials used therein, including the organization and selection of the materials contained therein. In addition, except as otherwise expressly set forth or provided in this Agreement, Servilles or its suppliers shall retain all ownership rights in and to all content displayed on the Website, including copies of data transferred or received by You through the Website. This section shall survive expiration or termination of this Agreement.
- Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of Servilles (or its licensors).
Unless the relevant party has the prior written consent of the other or unless required to do so by law:
- Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with this Agreement or use of the Website or Services. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by this Agreement.
- Each party’s obligations under this clause will survive termination of this Agreement.
The provisions of clauses 14.1(a) and 14.1(b) shall not apply to any information which:
- is or becomes public knowledge other than by a breach of this clause;
- is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
- is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
- is independently developed without access to the Confidential Information.
- Unless the relevant party has the prior written consent of the other or unless required to do so by law:
- Ownership of Data:
Title to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on full payment to Servilles of all relevant Fees when due. You grant Servilles a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.
- Backup of Data:
You must maintain copies of all Data inputted into the Website. Servilles adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. Servilles expressly excludes liability for any loss of Data no matter how caused.
- Third-party applications and your Data.
If You enable third-party applications for use in conjunction with the Services, You acknowledge that Servilles may allow the providers of those third-party applications to access Your Data as required for the operation of such third-party applications with the Services. Servilles shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers.
- Changes to Data
If You change any Data after the date such Data has been sent to or extracted by Servilles then this may not be recorded or adjusted in the Services supplied by Servilles from the date of the change by You. In such circumstances statistical, financial or other anomalies may occur between Your Data and the Data Servilles holds for You from the date of such change.
- Ownership of Data:
Disclaimer of Warranty
- The Website may contain financial information provided by third parties. Such content is provided for informational purposes only and is not intended, and should not be used, for trade or investment purposes. Servilles does not warrant the validity, accuracy, or availability of any content or expert advice provided and Servilles will not be liable for any damages sustained by You due to reliance on any such information or advice.
- You acknowledge and agree that the Website is provided “as is”, and therefore You will not have any claim or demand against Servilles, or any of the foregoing’s officers, directors, shareholders, employees, sub-contractors, representatives or agents with respect to any Website. The use of a Website is at Your sole risk. To the fullest extent of the law, Servilles expressly disclaims all warranties of any kind, express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, security or accuracy.
- You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.
- Where the Customer acquires Services other than for the purposes of its business (or if the Consumer Guarantees Act 1993 applies for any reason notwithstanding clause 17.3), then the limitations and exclusions of liability in clauses 17 and 18 shall be subject to the Consumer Guarantees Act 1993.
Limitation of Liability
You expressly acknowledge and agree that Servilles and any of the foregoing’s officers, directors, shareholders, employees, sub-contractors and agents shall not be liable to You or any third party for any indirect, incidental, consequential, special, punitive or exemplary damages (including, but not limited to, loss of business, revenue, profits, use, data or other economic advantage). You further expressly acknowledge and agree that:
- Servilles and the foregoing’s officers, directors, shareholders, employees, sub-contractors and agents’ aggregate liability for damages arising with respect to this Agreement and any and all use of the sites will not exceed the total amount of money paid by You to Servilles through the applicable site in the 12 month period prior to the date the claim arose; and
- The foregoing limitations and exclusions will apply regardless of whether the cause of action arises in contract, in tort (including negligence) or otherwise.
- In the event applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law. This section (limitation of liability) shall survive termination or expiration of this Agreement.
Servilles has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You. If You use the Services or access the Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that:
- You are responsible for ensuring that You have the right to do so;
- You are responsible for authorising any person who is given access to information or Data, and you agree that Servilles has no obligation to provide any person access to such information or Data without Your authorisation and may refer any requests for information to You to address; and
You will indemnify Servilles against any claims or loss relating to:
- Servilles refusal to provide any person access to Your information or Data in accordance with these Terms,
- Servilles making available information or Data to any person with Your authorisation.
- You expressly acknowledge and agree that Servilles and any of the foregoing’s officers, directors, shareholders, employees, sub-contractors and agents shall not be liable to You or any third party for any indirect, incidental, consequential, special, punitive or exemplary damages (including, but not limited to, loss of business, revenue, profits, use, data or other economic advantage). You further expressly acknowledge and agree that:
You shall defend, indemnify and hold Servilles and its officers, directors, employees, consultants, representatives and agents (collectively, the “Indemnified Parties”) harmless from any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and legal fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against an Indemnified Party related to:
- any breach of this Agreement by You;
- Your failure to pay for services provided by Servilles;
- any content You submit, post or transmit through a Website or otherwise provided by You; and
- Your use of any Website. This section shall survive expiration or termination of this Agreement.
- You shall defend, indemnify and hold Servilles and its officers, directors, employees, consultants, representatives and agents (collectively, the “Indemnified Parties”) harmless from any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and legal fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against an Indemnified Party related to:
- breach any of the terms of this Agreement (including, without limitation, by non-payment of any Fees) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;or
- breach any of the terms of this Agreement and the breach is not capable of being remedied; or
- You or Your business become insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction,
Servilles may take any or all of the actions specified in clause 20.2, at its sole discretion:
- Terminate this Agreement and Your use of the Services and the Website;
- Suspend for any definite or indefinite period of time, Your use of the Services and the Website;
- Suspend or terminate access to all or any Data.
Termination of this Agreement is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:
- remain liable for any accrued charges and amounts which become due for payment before or after termination; and
- immediately cease to use the Services and the Website.
- Clauses 13, 14, 16, 17, 18, and 19 survive the expiry or termination of this Agreement.
- If You:
Servilles may provide notices or other communications to You regarding changes to this Agreement and/or changes to any aspect of the Website, by email to the email address that we have on record, by regular mail or by posting on the Website. The date of receipt shall be deemed the date on which such notice is given. Notices sent to Servilles must be delivered via express delivery or regular mail to:
131 Queen Street
or by email to email@example.com
Notice is deemed to have been served:
- In the case of posting on the Website, on the next working day;
- In the case of posting by mail, on the second working day following the date of posting;
- In the case of email, when acknowledged by the addressee orally or by return email or otherwise in writing except that return emails generated automatically shall not constitute acknowledgement.
- Servilles may provide notices or other communications to You regarding changes to this Agreement and/or changes to any aspect of the Website, by email to the email address that we have on record, by regular mail or by posting on the Website. The date of receipt shall be deemed the date on which such notice is given. Notices sent to Servilles must be delivered via express delivery or regular mail to:
You shall not assign your rights or obligations pursuant to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of Servilles. Any purported assignment without the prior written approval of Servilles will be null and void and of no force or effect.
- Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorised in writing by the party to be bound.
- This Agreement shall be interpreted only in accordance with the laws of New Zealand (excluding any rules governing choice of laws), and any legal proceeding arising out of this Agreement will occur exclusively in the Courts located in New Zealand.
- This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
- This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Servilles and You with respect to the subject matter hereof, and You have not relied upon any promises or representations by Servilles with respect to the subject matter except as set forth herein.
- Persons and entities who live in a territory that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with New Zealand are not permitted to use or access the Website.
- Subject to clause 4, no amendment to this Agreement will be effective unless made in writing.
- The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof.
- If any provision of this Agreement is held by a Court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
Payments and Subscriptions
- Cancelations and refunds:
If you terminate your subscription within 7 days of signing up you will be entitled to a refund for the immediately subscribed amount. Under no other circumstances is Servilles required to refund any subscriptions for any reason whatsoever. Where you have paid for a service (such as coaching) directly from the Servilles website and received that service, you are not entitled to any refund. In all other cases Servilles will not refund any monies for any reason.
- Prepaid Subscriptions
Servilles will not provide any refund for any remaining prepaid period for prepaid subscriptions unless it is within seven days (7 days) of the day of first signing up.
Servilles may provide notices or other communications to you regarding changes to this Agreement and/or changes to any aspect of the Website, by email to the email address that we have on record, by regular mail or by posting on the Website. The date of receipt shall be deemed the date on which such notice is given. Notices sent to Servilles must be delivered via express delivery or regular mail to:
131 Queen Street
or by email to firstname.lastname@example.org
Technical Support and Help Desk
- Technical Problems:
In the case of technical problems you must make all reasonable efforts to investigate and diagnose problems before contacting Servilles. If you still need technical help, please email Servilles at email@example.com
- Technical Problems:
Within 48 hours of purchase and payment being received (during the working week), a confirmation email will be sent to the customer acknowledging payment and access will be given to the products subscribed for. For products where there is a setup process involved the access to and availability of the service will take longer than 48 hours.
- Pricing and Currency
All prices are quoted and payable in your local currency.
The name that will appear on your statement will be Servilles Business Consulting.
- Cancelations and refunds: