ForceDavid Brasil - Terms and Conditions
Terms and Conditions
ForceDavid Brasil Eireli
5th Sept, 2018
These Terms of Service are a legal contract between ForceDavid Brasil Tecnologia Eireli, a company incorporated in Brazil (Company No./CNPJ: 14.451.415/0001-96 ), whose registered office is at Avenida Cidade Jardim 400, Jardim Paulistano, Sao Paulo, SP, Brasil, CEP: 01454-000 ("ForceDavid") or (“Contractor”).
ForceDavid can be contacted by email firstname.lastname@example.org or phone +1 917 720 3812.
Customer should review this entire agreement before decides whether to accept it and continue with the signing of the Order Form or submitting the any of the Online Contracting Request Forms.
BY ACCEPTING OUR PROPOSAL IN WRITTEN FORM AND SIGNING OUR ORDER FORM OR SUBMITTING THE ANY OF THE ONLINE CONTRACTING REQUEST FORMS CUSTOMER AGREES TO BE BOUND BY THIS AGREEMENT.
The Agreement shall be effective from the date of signing of the Order Form by both parties Customer and ForceDavid or submitting the any of the Online Contracting Request Forms and receiving the acceptance email of it ("Effective Date").
- Defined Terms
The following defined terms appear in this Agreement:
- “Agreement” means these Terms of Service.
- “Consulting Hour” means a 60-minute-long Consulting/Service Unit of service provided by ForceDavid.
- “Consulting Material” means any online or offline material used during the Service that is not developed solely for Customer.
- “Customized Material” means all materials developed solely for Customer during the Service.
- “Customer” means a person or entity that orders, receives and pays for the Service as a buyer of the services of ForceDavid. Customer also means all officers, employees, agents, representatives and others having access to the Service and its materials.
- “Customer’s Data” means all data (contact names, email addresses, addresses, any business related information etc.) provided by Customer on the Order Form or on the Contracting Request Form or during the Service under the provision of Agreement.
- “ForceDavid Website” means a website of ForceDavid and/or its Parent companies, Subsidiaries or Affiliates. ForceDavid Website does not mean any websites of its Franchisees.
- “ForceDavid”, “FDBR”, “we”, or “us” means ForceDavid Brasil Ltda.
- “NDA Form” means the Non-Disclosure Agreement signed between Customer and Contractor during the initial talks of their business relationship.
- “Online Contracting Request Form” means an online form (and its referred online or offline attachments) submitted by Customer and accepted or rejected by ForceDavid the Contracting Request Form refers to this Agreement. The URL of the Online Contracting Request Forms: https://www.mikloskadar.com/
- “Online Service Package” means any online service activity that is described on any official online company site (company’s own social pages, own webpage, or described in official proposals sent from company email address).
- “Online Consulting” means any consulting activity that is happening in a digital form of Instant Messaging, VoIP, Webinar, Webcast etc. for Customer.
- “Onsite Consulting” means any consulting activity that is happening in person with Customer.
- “Offshore Consulting” means any consulting activity that is happening in a physically separated place from Customer.
- “Order Form” means a physical paper form (and its referred online or offline attachments) signed by Customer and ForceDavid. Order Form must refer to this Agreement.
- “Parent company, Subsidiaries and Affiliates” means parents, subsidiaries and affiliated legal entities of ForceDavid around the world.
- “Parties” means ForceDavid and Customer together.
- “Proposal” means the quotation (bid) of ForceDavid sent via email and/or shared document(s) to Customer that was accepted by Customer in written form as a reply to ForceDavid’s email / document sharing of the Proposal.
- “Service” means the Subjects of consulting Service provided by ForceDavid (including providing training courses, providing coaching, developing professional business material and any other type of onsite, online, offshore consulting service provided for Customer by ForceDavid)
- "Service Disputes" means any disagreements, complaints, litigation, arrangements and/or other such disputes between ForceDavid and Customer arising solely from the alleged failure by ForceDavid to meet its obligations under the Agreement or any applicable law and any associated error in the provision of the Service.
- “Service Fee” means the price of “Service Units” defined either in Order Forms or in Contracting Request Forms or in Proposal.
- “Service Unit” means either a Consulting Hour or Training Participant on a training course or any Online Service Package.
Service Units by type can be:
- “Synchronous Consulting” means services that are performed real time for customer either as
- “Onsite Synchronous Consulting” that are performed in person in the form of meetings, training courses, workshops; or
- “Offshore Synchronous Consulting” that are performed through skype and/or other voip/video conference and/or screen sharing and/or instant messaging applications.
- “Asynchronous Consulting” means services whose location is irrelevant as their output (sales diagnoses, assessments, documents, charts etc.) is delivered usually in the form of an online document.
- “Online Service Package”
- “Subject of Service” means any advice, opinion, statement, data, or other information displayed or distributed, during the Service.
- “Timesheet” For certain services the amounts, types and dates of performed Service Units is administered on an online spreadsheet called Timesheet accessible for Customer at any time during cooperation.
- “Training Participant” means any person Customer assigns (names) to participate on the training courses provided by ForceDavid
- “Workshop” means any form of education that ForceDavid provide especially in-class, on-site training sessions and/or online Webinars.
- “Webinar” means free or paid online video based educational Services of ForceDavid.
- “Your token is good here Program” see the following chapter of document: 8./e./iv.
- Customer’s relationship with ForceDavid
- Customer’s use of the Service is subject to the Agreement.
- By using the Service Customer will purchase consulting services from ForceDavid.
- ForceDavid shall undertake the obligation to provide professional counselling services in connection with the business processes of Customer or the clientele of Customer, furthermore business processes and methodologies, as well as organization development, moreover management consultancy services.
- Affiliates, Channel Sales Partners
- ForceDavid works with affiliates and Channel Sales Partners in certain jurisdictions.
- These entities have limited rights to represent ForceDavid.
- The ordering and delivering of any services must always involve ForceDavid.
- Without written acknowledgement of proposals, orders, payments and services by a ForceDavid’s representative all obligations and liabilities are null and void.
- List of current sales partners:
- A.B.Con Tanacsado Kft
- Pedro Miguel Consulting LLC
- Apsan Group Ltda
- Popradi Law Office
- Varidus Ltd
- Sprint Academy Kft.
- Lamb&Cooper Ltd
- BFL Ltd.
- In-balance Ltd
- Accepting the Agreement
- In order to use the Service, Customer must first agree to the Terms of Service. Customer may not use the Service if Customer does not accept the Agreement.
- The Agreement forms a legally binding agreement between Customer and ForceDavid in relation to Customer’s use of the Service and it is important that Customer should take the time to read it carefully. By accepting the Agreement Customer agrees to use the Service in accordance with the requirements of the Agreement.
- Customer can accept the Agreement by:
- Replying to the e-mail of our proposal in which reply Customer states that it accepts the content of our proposal;
- Signing the Order Form (both parties signature is mandatory). In this case, Customer understands and agrees that ForceDavid will treat Customer’s use of the Service as acceptance of the Agreement from that point onwards.
- Filling and submitting any of the Online Contracting Request Forms and having received and acceptance reply email to the submission. In this case, Customer understands and agrees that ForceDavid will treat Customer’s use of the Service as acceptance of the Agreement from that point onwards.
- Customer may not use the Service and may not accept the Agreement if:
- Customer is not in the financial position of a binding contract with ForceDavid and incapable of funding the Service;
- Customer is a person barred from receiving any such Service under the laws of the country of its residence or other countries including the country from which it uses the Service.
- Provision and language of the Agreement
- This copy of the Agreement is provided to Customer in printable form during the signing of the Order Form process or downloadable from Website. A copy of the Agreement, as amended from time to time, is available to Customer on http://www.mikloskadar.com/terms-and-conditions/
- Customer may request to be provided with the Agreement in such cases a link to the Agreement will be sent to Customer’s email address.
- The Agreement will be provided to Customer in English or translated into another language upon Customer’s written request. (Translation fees are applicable.)
- Where ForceDavid has provided Customer with a translation of the English language version of the Agreement, Customer agrees that the translation is provided for Customer’s convenience only and that the English language versions of the Agreement will govern Customer’s relationship with ForceDavid.
- If there is any contradiction between the English language version of the Agreement and a translation, the English language version takes precedence.
- Receiving the Service
- To receive the Service, Customer must accept Contractor’s proposal in written form.
- To receive the Service, Customer must complete all required information elements on the Order Form or in the submitted Contracting Request Forms.
- To receive the Service, Customer and Contractor both must sign the Order Form or Customer must receive an accepting email sent by ForceDavid as a reply to the submitted Contracting Request Form.
- To receive certain online services Customer must pay related fees in advance.
- Customer must provide current, complete and accurate information and maintain it as current and accurate during Customer’s use of the Service. ForceDavid may require Customer to provide additional information as a condition of continued use of the Service, or to assist in determining whether to permit Customer to continue to use the Service. Customer agrees to provide such information as ForceDavid may require in this regard information necessary to validate Customer’s identity.
- The language of Service (consultancy and materials used) shall be English (unless otherwise stated in Proposal and/or agreed in written form)
- Provision of the Service by ForceDavid
- ForceDavid shall be liable within the scope of Agreement for the performance of the tasks and duties defined and described by Customer and together with ForceDavid by any means of communication permitted by Agreement.
- ForceDavid shall be obliged to provide its own professional knowledge and skills, also its practical experience acquired in connection with Agreement, in order to determine the demands of Customer and on the basis of that optimize the services to be provided.
- ForceDavid shall take the obligation to professionally cooperate with Customer and its representatives, employees and subcontractors in accordance with the requirements of good faith and fair play.
- In case of ForceDavid shall perform his tasks and duties resulting from the present Agreement on the premises they are to be equipped with suitable infrastructure. ForceDavid should notice Customer in advance of the extra demands for technical equipment occasionally occurred (larger room or other place to special training / workshop). Prior communication has to contain the extra demands to be provided by Customer (for instance: study room, beamer, projector etc.) together with the substantial definitions of the special assignments.
- In certain cases Parent companies, Subsidiaries and Affiliates will provide all or part of the Service to Customer on behalf of ForceDavid. Customer acknowledges and agree that Parent companies, Subsidiaries and Affiliates will be entitled to provide the Service to Customer. ForceDavid shall be entitled to resort other persons –employee, sub-agent, subcontractor, assignee – to execute its duties resulting from this Agreement.
- The services are rendered in English in case of need for interpreter/translator the applicable fees are subject of an increase. (By general principle of additional 10% which percentage can differ by languages.)
- ForceDavid is constantly innovating in order to provide the best possible experience for its customers. Customer acknowledges and agrees that the form and nature of the Service which ForceDavid provides may change from time to time without prior notice to Customer. However, where a change to the Service constitutes a modification to the Agreement, Customer will be given prior notice by an email sent to Customer’s email address.
- Customer acknowledges and agrees that ForceDavid may establish general practices and limits concerning the use of the Service with prior notice to Customer, including limitation on the amount of available Service Units during any specified time period(s).
- ForceDavid may refuse to execute any Consulting or other use of the Service if ForceDavid suspects fraud, a breach of the applicable Agreement by Customer or any third party, or a violation of law. In the event that ForceDavid refuses to provide Service, Customer will be notified, unless it is unlawful for ForceDavid to do so, or would compromise reasonable security measures.
- By the end of the first billing period of cooperation ForceDavid is entitled to have Customer in its reference-list.
- Use of the Service by Customer
- The Service (tasks and duties) performed according to this agreement shall be determined by Online Service descriptions or planning and scheduling with the mutual consent of the Parties. These dates shall be arranged in advance by the Parties in written form (ex: email).
- Synchronous Consulting services are performed Onsite in person in the form of meetings, training courses, workshops or Online/Offshore through skype and/or other voip/video conference and/or screen sharing or any similar applications.
- In the cases of Asynchronous Consulting services location is irrelevant as their output (documents, charts etc.) is delivered usually in an online way.
- Certain consultation activities shall be divided to Consulting Hours. The minimum Onsite Consulting Hours is a two (2) - hour-period. Each one (1) hour unit that has been started, shall be payable as 1 hour performance in respect of invoicing.
- Cancellation Policy of the schedule of Service based on prior written notices.
- In case of rescheduling any Synchronous Consulting Services if any party has any difficulty to partake any meeting, workshop, call-conf. etc. then that party is obliged to give a 48 hours prior written notice to the other party.
- In case of rescheduling any Asynchronous Consulting Services (deadlines) if any party has any difficulty to perform by the previously agreed deadline then that party is obliged to give a 48 hours prior written notice to the other party.
- In case of Customer misses the 48 hours prior written notice to ForceDavid, ForceDavid is entitled to regard the Services as performed and enter the related hours to the online Timesheet. ForceDavid should inform Customer in written form about such Timesheet entry.
- In case of ForceDavid misses the 48 hours prior written notice to Customer, Customer is entitled to discount the hours of related Services from the hours of previously performed Services. Customer should inform ForceDavid in written form about such discount.
- Customer agrees to use the Service only as permitted by:
- The Agreement;
- Policies and limits for the Service, as published and updated by ForceDavid and its affiliates from time to time, and
- Any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding other relevant countries).
- Without prejudice to the above, Customer agrees and acknowledges that the reporting and payment of any applicable taxes arising from Customer’s use of the Service is Customer’s responsibility. Customer hereby agrees to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with Services.
- Customer agrees that Customer will not engage in any activity that interferes with or disrupts the Service.
- Customer shall be obliged to supply ForceDavid with adequate information and cooperate mutually with ForceDavid during the performance of the present contract in drawing up duties and demands.
- Customer shall promote the work of ForceDavid with providing continuous information and deputing its employees for cooperation.
- Without prior written consent of ForceDavid any sound and/or video recordings shall not be made of/about the Service activities of ForceDavid.
- Unless Customer has been specifically permitted to do so in a separate agreement with ForceDavid, Customer agrees that Customer will not reproduce, duplicate, copy, sell, trade or resell any Consulting Materials of the Service for any purpose.
- Customer agrees that Customer is solely responsible for (and that ForceDavid has no responsibility to Customer or to any third party for) any breach of Customer’s obligations under the Agreement and for the consequences (including any loss or damage which ForceDavid may suffer) of any such breach.
- Customized Material is becoming Customer’s property at the time of full payment of related Service Units.
- The ‘Consulting Material’ and ‘Customized Material’ labels shall be marked by ForceDavid during Service.
- Payment Terms
- Invoices are issued either by payment or milestones or monthly as following:
- Fees of first set of Service Units (consulting hours, or first training sessions) according to Online Contracting Forms or proposal are charged and invoiced upfront and are payable prior to the actual Service. First invoice is issued right after the signing of Order Form or the accepting any of the Online Contracting Request Forms.
- Upon completion of the tasks and duties defined as a group of consulting days, milestone or stage in any means of communication of representatives as a reply to an email of explicit content of ForceDavid Customer shall issue certificate of completion as a confirmation of provided Services.
- At the end of each month of cooperation an invoice is issued based on certification of completion of the amount of Service Units (consulting hours and/or the amount of participants at training, etc.). The amount of Service Units is administered on an online Timesheet, accessible for Customer at any time.
- The Service Fee shall contain all costs of ForceDavid in connection with the Service. The assignment/Service Fee fee shall not contain travel, accommodation or other later arising fees, that cannot be and were not estimated and approved in advance, like extra daily fees, (performance in abroad etc.).
- ForceDavid is authorized to issue the invoice under the approved certification of performance (with the exception of first invoice). Certification of completion is issued by Customer as a reply to ForceDavid’s email requiring the approval. In case of no reply for any such email for 3 days ForceDavid will require the approval for a second time. In case of no reply to the second request for additional 5 days the approval is regarded as given and ForceDavid shall issue the related invoice.
- The respective invoice is issued in US Dollars. In case the national currency is not USD the exact amount will be calculated by using the exchange rate of the National Bank of Customer on the date of invoicing.
- Accepted payment methods are
- Bank Wire Transfer.
Customer is obliged to wire-transfer the amount of the invoice within 5 days after invoicing to the following bank accounts:
- Bank: Banco Bradesco S.A. (Sumarezinho-usp)
Address of Bank: R. Heitor Penteado 1433, Sumarezinho, Sao Paulo, SP, Brasil, CEP 05437-001
SWIFT Code: BBDEBRSPSPO
Bank Account Number: 23731445-0000094625
(for domestic (Brazilian) transfers:
- Agencia: 3144 - 5
- Conta: 0009462 - 5)
- Bank: BANCO RENDIMENTO S/A SAO PAULO BR
Address of Bank: Av. Das Nações Unidas, 8501, Pinheiros, SP, Brazil, CEP: 05425-070
Bank Account Number: 6550925836
SWIFT code: RENDBRSP
Additional note: “ForceDavid at Fair Corretora de Câmbio S/A”
- Credit Card Payment
According to the specific conditions of service.
(Payment processor: PayU - Latin American Payments Serviços Ltda.)
According to specific conditions of service here are our official bitcoin addresses:
According to specific conditions of service here are our official ether addresses:
- ‘Your token is good here’ Program
This is a special program for ICO, STO, and TGE projects that can use their native tokens as a payment method up to 50% of the related service fees. Such payment method requests / applications are not accepted automatically but must undergo an approval process of ForceDavid.
- In case of delayed or overdue payment, the overdue amount will be subject to a fine of 3 % (three percent) and additional 0.5% daily.
- The payment of all applicable taxes and charges regarding each and every invoice is the common responsibility of Parties according to the occurring financial legislation.
- Over 10k USD value of cooperation, upon request parties are obligated to provide notarized copies and statements of all related tax payments. In case of any delay in the effective delivery of proofs any occurring legal fines are subject of reimbursement by the other party.
- The assignment fee contains all costs arising from the completion of Agreement and providing Service, moreover the royalty fees regarding any software made under this agreement.
- Service Fee
- Service Fees are defined in Proposal and/or in Order Forms and/or in Online Contracting Request Form.
- Service Fees shall be paid under the title of ‘Consulting Services’.
- The service fees for Onsite Service farther than 50km from any locations stated by Customer on Order Form or in any of the Online Contracting Request Forms shall be subject of additional written consent of Parties.
- Any written pricing and/or discount agreements and/or taken guarantees in the Order Form and/or in Contracting Request Forms and/or within Proposal are valid for 12 months.
- Money Back Guarantee, Refund
- If you are not entirely satisfied with the service you received, we're here to help, please contact us at email@example.com or https://mikloskadar.com/contact/
- If we cannot settle your dissatisfaction for certain services (where it is clearly stated) you can claim a complete refund of our service fee.
- Once we receive your Money Back Guarantee claim, we will inspect it and confirm to you that we have received your claim.
- If your refund is approved, we will initiate a refund to your credit card (or original method of payment) in 30 days.
- You will receive the credit within 30 days + a certain amount of days, depending on your card issuer's policies.
- The guarantee is not to be used for those who have no intention of receiving our services in good will and making any investment in themselves but rather purchasing with the intentions of demanding money back – we will not refund purchases due to financial hardships or poor financial planning. Please consider your budget before purchase.
- Parties shall take secrecy obligation regarding of their business solutions, as well as their internal processes. Parties are obliged to protect all information qualified as secret or confidential by either of them, also take the obligation to use these type of information solely and exclusively within their scope of activities, in the course of the performance of this agreement.
- ForceDavid shall be obliged not to publish or sell any of the data, information and their source coming to its notice either legally or illegally as a result of this agreement, and not give access to them for any third persons.
- Customer shall be obliged not to publish or sell any of the data, information documentation, educational and other materials of ForceDavid and their source coming to its notice either legally or illegally as a result of this agreement, and not give access to them for any third Persons.
- Parties shall be obliged to reimburse the damage relating to properties or beyond of that resulted from breaching of secrecy obligations.
- Customer agrees and understands that Customer is responsible for maintaining the confidentiality of any Consulting and/or Custom Materials associated with the Service and taking all reasonable steps to keep this information confidential.
- If Customer is using the Service in a business capacity, Customer agrees that all officers, employees, agents, representatives and others having access to the Consulting Materials shall be properly authorised to do so, and shall have the authority to legally bind the business, partnership or other legal entity concerned.
- Customer’s liability for usage of the Service is set out in this Agreement.
- Ending Customer’s relationship with ForceDavid
- Certain Online Services end upon completion so do the related contractual relationships with them.
- Either Party may terminate this agreement at any time, with regular notice to quit without cause at least 30 days prior to the effective date of such termination.
- Either Party may immediately terminate this Agreement only if one Party breaches severely any of its relevant obligations or undertakings resulting from this Agreement or fails to perform any of its obligations defined in the agreement in spite of the prior written notice of the other Party. In such case the terminating party is obliged to announce the cause of the termination in writing.
- Should any liquidation or bankruptcy procedure be prosecuted against either Party and the warrant of the liquidation or bankruptcy procedure submitted by the competent court has been published, the party not in default may immediately terminate this agreement in writing.
- Upon termination of the relationship, Parties shall be obliged to get square with each other within 5 days, and to pay or reimburse the services remaining without compensation within this period of time.
- Should this agreement be terminated, Parties shall not be entitled to vindicate any claim of damages.
- Parties conclude this agreement for indefinite period of time. The Agreement will continue to apply until terminated by either Customer or ForceDavid.
- If Customer want to terminate Customer’s legal agreement with ForceDavid, Customer may do so immediately and without charge at any time by notifying ForceDavid in accordance with the Agreement.
- ForceDavid may at any time, terminate its legal agreement with Customer without notice if:
- Customer have breached any material provision of the Agreement (or have acted in manner which clearly shows that Customer do not intend to, or are unable to comply with the material provisions of the Agreement); or
- ForceDavid is required to do so by law (for example, where the provision of the Service to Customer is, or becomes, unlawful).
- Unless a shorter period is provided in this Agreement, as permitted by law, ForceDavid may at any time terminate its legal agreement with Customer by giving a (1) month’s notice.
- When this Agreement comes to an end, all of the legal rights, obligations and liabilities that Customer and ForceDavid have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Agreement shall continue to apply to such rights, obligations and liabilities indefinitely.
- Exclusion of Warranties
- ForceDavid, its Parent companies, Subsidiaries and Affiliates, (and their licensors) make no express warranties or representations with respect to the provision of the Service.
- In particular, ForceDavid, its Parent companies, Subsidiaries and Affiliates (and their licensors) do not represent or warrant to Customer that:
- Customer’s use of the Service will meet Customer’s requirements;
- Customer’s use of the Service will be uninterrupted, timely, secure or free from error; and
- Any information obtained by Customer as a result of Customer’s use of the Service will be accurate or reliable.
- No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Agreement.
- Nothing in the Agreement shall affect those statutory rights which Customer are always entitled to as a consumer and that Customer cannot contractually agree to alter or waive.
- Limitation of Liability
- Nothing in the Agreement shall exclude or limit ForceDavid ’s liability for losses which may not be lawfully excluded or limited by applicable law.
- Subject to this Agreement, ForceDavid, its Parent companies, Subsidiaries and Affiliates, and its licensors shall not be liable to Customer for:
- Any indirect or consequential losses which may be incurred by Customer. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of business opportunities suffered by Customer;
- Any loss or damage which may be incurred by Customer as a result of:
- Any change which ForceDavid may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);
- Absence of the Service;
- The deletion of, corruption of, or failure to store any communications data maintained or transmitted by or through Customer’s use of the Service;
- Customer’s failure to provide ForceDavid with accurate information; and
- Any fraudulent use of the Service by Customer.
- Changes to the Agreement
- Customer agrees that ForceDavid may make changes to the Agreement from time to time. When these changes are made, ForceDavid will, except where a shorter period is provided in this Agreement, as permitted by law, give Customer two (2) months’ notice of such changes by email sent to Customer’s email address before their proposed date of entry into force.
- Customer understands and agrees that Customer will be deemed to have accepted the changes unless Customer terminate the Agreement, by Notice sent as provided in the Agreement, before the date the changes come into force. Customer have the right to terminate the Agreement immediately and without charge before the date changes come into force.
- Nothing in this Agreement shall limit ForceDavid’s right to update and revise its policies from time to time or to change anything in the Service from time to time, which may be accepted by Customer using it. Such revisions may take place using a method chosen at ForceDavid’s discretion and such method may include by email.
- Communications and Notices
- All information will be made available or provided to Customer in an easily accessible manner, in easily understandable language, in a clear and comprehensible form and in English, unless a translation has been made for Customer’s convenience in accordance with this Agreement.
- Statements, notices and other communications to Customer may be made by mail, email, or other reasonable means.
- ForceDavid may communicate with Customer regarding the Service by means of electronic communications, including sending email to Customer’s email address. Customer agrees that we may send electronic communications to Customer in relation to any matter relating to Customer’s use of the Service including the Agreement (and revisions or amendments to the Agreement), notices or disclosures regarding the Service.
Particular communications shall be handled as follows:
- The Agreement shall be provided to Customer at signing of the Order Form in a printable form or downloadable from Website;
- Changes to this Agreement after signing of Order Form or accepting the submitted Contracting Request Form shall be provided in an email sent to Customer’s email address;
- Except where this Agreement provides otherwise, a notice to terminate this Agreement shall be provided in an email sent to Customer’s email address;
- Information about a suspension of the Service shall be made available in an email sent to Customer’s e-mail address.
- Customer should maintain copies of electronic communications by printing a paper copy or saving an electronic copy, and information that is provided to Customer in an electronic format is provided under the assumption that Customer will be able to print or save such information.
- Any notice sent to ForceDavid under the Agreement should be sent to ForceDavid’s email address stated in this Agreement (firstname.lastname@example.org).
- General legal terms
- The headings to the Clauses of this Agreement are for ease of reference only and shall not affect the interpretation or construction of the Agreement.
- Reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended or re-enacted.
- Unless otherwise expressly stated herein, all amounts stated in this Agreement are denominated in US Dollars.
- Customer shall be obliged to not make any attempt directly or indirectly to move the advisors of ForceDavid during the performance of this agreement and after 3 year as of completion. Otherwise Customer shall be obliged to pay two (2) years of salary of related advisor as a compensation to ForceDavid.
- The Agreement constitutes the whole legal agreement between Customer and ForceDavid and governs Customer’s use of the Service (but excluding any services which ForceDavid may provide to Customer under a separate written agreement), and completely replaces any prior agreements between Customer and ForceDavid in relation to the Service unless such agreements are written and referred within the mutually signed Order Form or any of the accepted Online Contracting Request Forms.
- If there is any contradiction or discrepancy between the content of the Proposal (referred on the Order Form or in the Contracting Request Form) and this Agreement, the Proposal takes precedence and shall govern.
- If there is any contradiction or discrepancy between the content of the Order Form or the Contracting Request Form and Proposal, the mutually signed Order Form or the accepted Contracting Request Form takes precedence and shall govern.
- ForceDavid shall be liable only, wholly and exclusively:
- For all work accidents occurring with its employees in performing services, providing all the necessary aid and taking all appropriate action.
- This contract does not create an employment contract between Customer and ForceDavid.
- Customer agrees that if ForceDavid does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which ForceDavid has the benefit of under any applicable law), this will not be taken to be a formal waiver of ForceDavid ’s rights and that those rights or remedies will still be available to ForceDavid.
- If any court of law, having the jurisdiction to decide on this matter, rules that any provision of the Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the Agreement. The remaining provisions of the Agreement will continue to be valid and enforceable.
- Customer may not assign the benefit of the Agreement or otherwise subcontract or transfer any of Customer’s rights or obligations hereunder, without the prior written approval of ForceDavid. ForceDavid may assign the benefit or otherwise subcontract or transfer its rights and obligations hereunder, to any third party without notice to Customer and without Customer’s consent.
- Customer acknowledges and agrees that each member of the group of companies of which ForceDavid is the parent shall be third party beneficiaries to the Agreement and that such other companies shall be entitled to directly enforce and rely upon any provision of the Agreement which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to the Agreement.
- The Agreement, and Customer’s relationship with ForceDavid under the Agreement, shall be governed by the law of Customer’s residence, subject to the cases where according to the relevant legislation of residence of Customer a given issue is governed by the laws of another country. Customer and ForceDavid agree to submit to the exclusive jurisdiction of the courts of Customer’s residence to resolve any legal matter arising from the Agreement, subject to the cases where according to the relevant legislation a given matter can be resolved by the courts of another country. Notwithstanding this, Customer agree that ForceDavid shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
- The webpage mikloskadar.com is using creative materials Designed by Freepik
End of Terms and Conditions
All information within this Agreement is strictly confidential and contains proprietary information that can be used only for contracting purposes with any parents, subsidiaries, affiliates or franchisees of ForceDavid. Any reader must agree to review, examine, inspect, or obtain the Agreement only for the above described purposes, and to otherwise maintain the confidentiality of it.