Terms of Service.
In this User Agreement:
"Account/Profile" means the account associated with your email address.
"Employer/Buyer" means a User that purchases Seller Services or items from Sellers or identifies a Seller through the Website www.cloudexpertsweb.com. A User may be both a Buyer and a Seller under this agreement.
"Contest" means a contest that is promoted by a Buyer and in respect of which a Seller can submit one or more entries via the Website.
"Contest Brief" means the document setting out the scope of a Contest, including but not limited to items such as a design brief.
"Contest Handover", in respect of a Contest, means the agreement between the Buyer and one or more winning Seller(s) under which each Seller will transfer to the Buyer ownership of the winning entry or entries.
"Dispute Resolution Process" means the process to be followed by Buyers and Sellers in accordance with the Dispute Resolution Services.
"Entrant" means a Seller who has entered a Contest.
"Freelancer Company", "we", "our", "company" or "the company" or "us" means Gaminax Technologies.
"Verified" Users have been satisfactorily verified under the Know your Customer and Identity Verification Policy.
"Inactive Account" means a User Account that has not been logged into for a 6 month period, or other period determined by us from time to time.
"Intellectual Property Rights" means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
"Local Job" or "Local Jobs" means a service we provide to match a Buyer with a Seller in relation to the provision of location specific services.
"Milestone Payment" means a payment made by the Buyer for the provision of Seller Services under a User Contract and which will be released in accordance with the section "Milestone Payments" of these terms and conditions.
"Project" or "Job" means a job offered or awarded by a Buyer via the Website, which may include a Project or Contest listed by a Buyer, a Project awarded by a Buyer (for example through HireMe), a service bought by a Buyer from a Seller, and service awarded by a Buyer to a Seller as a result of a Contest or competition hosted via the Website.
"Seller" means a User that offers and provides services or identifies as a Seller through the Website. A User may be both a Buyer and a Seller under this agreement.
"Seller Services" means all services provided by a Seller.
"Freelancer Services" means all services provided by us to you.
"User", "you" or "your" means an individual who visits or uses the Website, including via the API.
"User Contract" means: (1) this User Agreement; (2) the Code of Conduct as amended from time to time; (3) any other contractual provisions accepted by both the Seller and Buyer uploaded to the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; (4) the Project terms as awarded and accepted on the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; and (5) any other material incorporated by reference from time to time.
"Website" means the cloudexpertsweb.com Website operated by Gaminax Technologies and any of its regional or other domains or properties, and any related Freelancer service, tool or application, specifically including mobile web, any iOS App and any Android App, or API or other access mechanism.
Fees and Charges
1. For Employers
1.1 Posting Projects : Employer is free to sign up, post a project, receive bids from freelancers, review the freelancer's portfolio and discuss the project requirements. If you choose to award the project, and the freelancer accepts, we charge you a small project fee relative to the value of the selected bid, as an introduction fee.
The cost and how this fee is charged depends on the type of project.
For fixed price projects, a fee of 5% is levied at the time a project that has been awarded by you has been accepted by each freelancer you award. If you subsequently pay the freelancer more than the original bid amount we will also charge the project fee on any overage payments.
For hourly or monthly projects, a fee of 5% is levied on each payment that you make to the freelancer.
You may cancel the project from your dashboard at any time for up to seven (7) days after the project has been accepted for a 95% refund (except our 5% fee)of your fee. 1.2 Posting Jobs : Employer is free to sign up, post a job, receive bids from job seekers, review the portfolio and discuss the project requirements. If you choose to offer the job, we charge you a small project fee relative to the value of the selected job, as an introduction fee.
The cost and how this fee is charged depends on the type of project.
For jobs, a fee of 5% is levied at the time a job that has been awarded by you has been accepted by job seeker . If you subsequently pay the job seeker more than the original bid amount we will also charge the fee on any overage payments.
For Freelancers
Freelancer is free to sign up, create a profile, select skills of projects you are interested in, upload a portfolio, receive project notifications, discuss project details with the employer, bid on projects (free members receive initially 8 bids per month) and enter contests.
Optional bid upgrades may be purchased to promote a bid.
Projects
For fixed price projects, if you are awarded a project, and you accept, we charge you a small project fee relative to the value of the selected bid, as an introduction fee. If you are subsequently paid more than the original bid amount, we will also charge the project fee on any overage payments.
For hourly projects, the fee is levied on each payment as it is made by the employer to you.
The fee for fixed price projects is 10%, and 10% for hourly projects.
For Solution Provider
Solution Provider is free to sign up, create a profile, publish their solutions.
Optional upgrades may be purchased to promote a solution.
Projects
For leads , we charge you a small fee 1 USD of the selected solution, as an introduction fee. If you are subsequently paid more than the original amount, we will also charge the fee on any overage payments.
For sales, the feeof 5% is levied on each sales as it is made by the buyer to you, and 3% each year on yearly recurring contracts
Subscriber acknowledges and agrees to the terms of service herein. In addition, Subscriber agrees that unless explicitly stated otherwise, any new features that augment or enhance the Service, and/or any new Service(s) subsequently purchased by the Subscriber will be subject to this Agreement.
Subscriber Must Have Internet Access.
In order to use the Service, Subscriber must have or must obtain access to the World Wide Web, either directly or through devices that access Web-based content. Subscriber must also provide all equipment necessary to make such (and maintain such) connection to the World Wide Web.
Accuracy Of Subscriber's Registration Information.
Subscriber agrees to provide accurate, current and complete information ("Registration Data") about Subscriber as prompted by the registration form, which Subscriber will fill out online in order to gain access to the Service. Subscriber further agrees to use commercially reasonable efforts to maintain and promptly update the Registration Data to keep it accurate, current and complete. Subscriber acknowledges and agrees that if Subscriber provides information that is intentionally inaccurate, not current or incomplete in a material way, or Cloud Experts Web has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete in a material way, Cloud Experts Web has the right to suspend or terminate Subscriber's account.
User Email And Notices.
Subscriber agrees to provide Cloud Experts Web with Subscriber's e-mail address, to promptly provide Cloud Experts Web with any changes to Subscriber's e-mail address, and to accept emails (or other electronic communications) from Cloud Experts Web at the e-mail address Subscriber specifies. Except as otherwise provided in this Agreement, the Subscriber further agrees that Cloud Experts Web may provide any and all notices, statements, and other communications to the Subscriber through either e-mail or posting on the Service.
Passwords, Access, And Notification.
The maximum number of Users that Subscriber may designate under Subscriber's account is the number of seats purchased by Subscriber, and Subscriber may provide and assign unique passwords and User names to each authorized User for each seat purchased. Subscriber acknowledges and agrees that Subscriber is prohibited from sharing passwords and/or User names with unauthorized users. Subscriber will be responsible for the confidentiality and use of Subscriber's (including its employees') passwords and User names.
Third-Party Software.
Subscriber agrees to use software produced by third parties, including, but not limited to, "browser" software that supports a data security protocol compatible with the protocol used by Cloud Experts Web . Until notified otherwise by Cloud Experts Web , Subscriber agrees to use software that supports the Secure Socket Layer (SSL) protocol or other protocols accepted by Cloud Experts Web and to follow logon procedures for services that support such protocols. Subscriber acknowledges that Cloud Experts Web is not responsible for notifying Subscriber of any upgrades, fixes or enhancements to any such software or for any compromise of data transmitted across computer networks not owned or operated by Cloud Experts Web or telecommunications facilities, including, but not limited to, the Internet.
Transmission Of Data.
Cloud Experts Web employs security measures designed for the protection of information and data. However, Subscriber understands that the technical processing and transmission of Subscriber's electronic communications is fundamentally necessary to Subscriber's use of the Service. Subscriber acknowledges and agrees that Cloud Experts Web does not own any Subscriber Data and further agrees that Cloud Experts Web is not responsible for any electronic communications and/or Subscriber Data which are lost, altered, intercepted or stored without authorization during the transmission of any data whatsoever across networks not owned and/or operated by Cloud Experts Web .
Proprietary Rights.
a. Subscriber acknowledges and agrees that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Subscriber further acknowledges and agrees that content or information presented to Subscriber through the Service or by advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
b. Each party retains all right, title and interest in its data, information and intellectual property rights, and nothing in this Agreement is intended to transfer or diminish such rights. The parties further acknowledge and agree that as between the parties, Cloud Experts Web owns all right, title, and interest in the Service, Applications and the Cloud Experts Web Technology and underlying software and proprietary and intellectual property rights therein. The use by Licensee of any of these rights is authorized only for the purposes set forth herein and upon expiration or termination of this Agreement for any reason such authorization will cease.
Confidentiality.
Except as expressly and unambiguously permitted hereunder, each party shall hold in confidence and not use or disclose any materials or information disclosed by the other party that are marked as confidential or proprietary, or if disclosed verbally, reduced to writing and marked confidential within thirty (30) days after the date of disclosure ("Confidential Information"). Confidential Information will also include the Applications, Software, Documentation and any new product or service information. Each party shall treat the other party's Confidential Information with at least the same degree of care it uses to prevent unauthorized disclosure or use of its own Confidential Information, but in no event less than reasonable care. Confidential Information will not include:
(i) any materials or information that the recipient can prove is now, or later becomes, through no act or failure to act on the part of the receiving party, generally known or available to the public;
(ii) is known by the receiving party at the time of disclosure as evidenced by its records;
(iii) is furnished to the receiving party by a third party, as a matter of right and without restriction on disclosure;
(iv) is independently developed by the receiving party without any breach of this Agreement;
(v) is the subject of a written permission to disclose provided by the disclosing party;
(vi) is disclosed in response to a valid order of a court or other governmental body or any political subdivision thereof in the jurisdiction in which the confidential information is required to be disclosed; provided, however, that the receiving party shall first have given notice to the disclosing party and shall have made a reasonable effort to obtain a protective order requiring that the Confidential Information so disclosed be used only for which the order was issued; or
(vii) is otherwise necessary to establish rights or enforce obligations under this Agreement, but only to the extent that any such disclosure is necessary.
Access to the Confidential Information is limited to employees and agents of the receiving party who have a legitimate "need to know" the information for their performance of this Agreement, who have been advised of the confidential nature thereof and who have agreed in writing, as a condition of employment, engagement or otherwise, to protect the Confidential Information with terms no less than are imposed by this Agreement. Notwithstanding the above, Cloud Experts Web may use aggregate information to measure general Service usage patterns and characteristics of its user base, and may include such aggregate information about its audience in promotional materials or reports to third parties. This aggregate information will not reference names, phone numbers, email addresses, or other personally identifiable information, and it is not traceable to a specific recipient or user email address. Cloud Experts Web may assign its rights in this agreement to any third party as it determines in its absolute discretion.
Compliance With Applicable Laws.
Your use of the Service must comply with all applicable Laws. This includes laws applicable to you and also laws applicable to Cloud Experts Web and the recipients of any Email. Examples of applicable laws include laws relating to spam or unsolicited commercial email (UCE), privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, and other applicable laws. It is your responsibility to know and understand the laws applicable to your use of the Service and the Emails you generate and send through the Service.
Guidelines for the Sending of Email.
The guidelines below are examples of practices that may violate this Agreement when generating or sending Emails through the Services:
Using non-permission based Email lists (i.e., lists in which each recipient has not explicitly granted permission to receive Emails from you by affirmatively opting-in to receive those Emails).
Using purchased or rented Email lists.
Using third party email addresses, domain names, or mail servers without proper permission.
Sending Emails to non-specific addresses (e.g., webmaster@domain.com or info@domain.com).
Sending Emails that result in an unacceptable number of spam or UCE complaints (even if the Emails themselves are not actually spam or UCE).
Failing to include a working "unsubscribe" link in each Email that allows the recipient to remove themselves from your mailing list.
Failing to comply with any request from a recipient to be removed from your mailing list within 10 days of receipt of the request.
Failing to include in each Email a link to the then-current Privacy Policy applicable to that Email.
Disguising the origin or subject matter of any Email or falsifying or manipulating the originating email address, subject line, headers, or transmission path information for any Email.
Failing to include in each Email your valid physical mailing address or a link to that information.
Including "junk mail," "chain letters," "pyramid schemes," incentives (e.g., coupons, discounts, awards, or other incentives) or other material in any Email that encourages a recipient to forward the Email to another recipient.
RESTRICTIONS AND RESPONSIBILITIES
a. This is a contract for Services and the Application software will be installed, accessed and maintained only by Cloud Experts Web and no license is granted thereto. Subscriber agrees that it will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Services or any Application, software, documentation or data related to the Services ("Software"); modify, translate, or create derivative works based on the Services or any Software; or copy (except for archival purposes), rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software; use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels. The Subscriber represents, covenants, and warrants that the Subscriber will use the Services only in compliance with Cloud Experts Web ' standard policies then in effect (the "Policy") and all applicable laws (including but not limited to policies and laws related to spamming, privacy (including but not limited to any European privacy laws), intellectual property, consumer and child protection, obscenity or defamation). The Subscriber hereby agrees to indemnify and hold harmless Cloud Experts Web against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from Subscriber's use of Services or the Storage Service as described below. Although Cloud Experts Web has no obligation to monitor the content provided by Subscriber or Subscriber's use of the Services, Cloud Experts Web may do so and may remove any such content or prohibit any use of the Services it believes may be (or are alleged to be) in violation of the foregoing.
b. Subscriber shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, server, software, operating system, networking, web servers, web services, long distance and local telephone service (collectively, "Equipment"). Subscriber shall be responsible for ensuring that such Equipment and services are compatible with the Services (and, to the extent applicable, the Software) and complies with all configurations and specifications set forth in Cloud Experts Web ' published policies then in effect. Subscriber shall also be responsible for maintaining the security of the Equipment, Subscriber account, ancillary services, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Subscriber account, Services or the Equipment with or without Subscriber's knowledge or consent.
c. Subscriber acknowledges and agrees that Subscriber is the controller of personal data and Subscriber remains responsible for the obligations of a controller, including but not limited to, the responsibility for complying with any laws and regulations providing for notice, choice, and/or consent prior to transferring the personal data to Cloud Experts Web for processing. The Subscriber acts as a data exporter, and decides what data to upload and process, or to allow its users/customers to upload and process, on the Services. The data subjects may include the Subscriber's representatives and end users, such as employees, job applicants, contractors, collaborators, partners, and customers of the Subscriber. Data subjects also may include individuals attempting to communicate or transfer Personal Data to users of the Services. Personal Data may include, among other information, personal contact information such as name, home address, home telephone or mobile number, fax number, email address, and passwords; information concerning family, lifestyle and social circumstances including age, date of birth, marital status, number of children and name(s) of spouse and/or children; employment details including employer name, job title and function, employment history, salary and other benefits, job performance and other capabilities, education/qualification, identification numbers, social security details and business contact details; financial details; and goods and services provided. The Subscriber shall disclose personal data to Cloud Experts Web , the data importer, only as necessary for Cloud Experts Web to provide the Services in accordance with these Terms of Service.
d. Cloud Experts Web shall maintain appropriate administrative, physical and technical safeguards designed to protect personal data provided through the Services as provided in the Cloud Experts Web Privacy Policy set forth at https://www.cloudexpertsweb.com/privacy.php, to the extent applicable to Cloud Experts Web ’s processing of personal data.
e. Subscriber hereby instructs and authorizes the use of subprocessors to assist Cloud Experts Web with respect to the performance of Cloud Experts Web 's obligations in provision of the Services. Cloud Experts Web requires such subprocessors undertake obligations of a subprocessor as required by these Terms of Service. Cloud Experts Web and its subprocessors provide the Services globally, but any processing of personal data shall only take place in facilities in jurisdictions in which Cloud Experts Web and its subprocessors support the provision of the Services.
f. For any audits or certifications, except where applicable law requires otherwise. If such details do not satisfy the requirement, or if Subscriber makes some other request or instruction of Cloud Experts Web , Cloud Experts Web shall respond in good faith and provide Subscriber with commercially reasonable information on Cloud Experts Web 's standard processes and an estimate of additional fees and costs that Subscriber would have to pay before Cloud Experts Web has to grant any requests or instructions that Cloud Experts Web does not offer as part of its standard services. The Subscriber shall not be obligated to pay such additional fees or costs, unless and until Subscriber, at its sole discretion, agrees to such payment obligations in writing. Cloud Experts Web shall not be obligated to meet Subscriber's requests or instructions until agreement on additional payments, if any, is reached, and Cloud Experts Web has received such payments, if any. If the parties, acting reasonably and in good faith, cannot come to an agreement on such payments, requests or instructions, the Subscriber may terminate their use of the Service, subject to Subscriber’s payment of all fees for the then-current term, as such term had originally been agreed by the parties.
g. Until the Termination of Services (under Section 7 of this agreement), Cloud Experts Web shall provide Subscriber access to the personal data so that Subscriber may correct, delete, or block such personal data. If the Subscriber is unable to correct, delete, or block such personal data, then to the extent permitted by law and pursuant to the Subscribers detailed written instructions, Cloud Experts Web will make such corrections, amendments, or deletions on the Subscriber's behalf pursuant to a mutually agreeable statement of work in which Subscriber agrees to pay Cloud Experts Web ’s reasonable fees associated with the performance of any such correction, deletion or blocking of personal data. If Subscriber or a User uses the Services to delete any Subscriber Data and the Subscriber Data cannot be recovered by Subscriber or an End User (such as from the “inactive" list feature), this use will constitute an instruction to Cloud Experts Web to delete the relevant Subscriber Data from Cloud Experts Web ’s systems in accordance with applicable law. Cloud Experts Web will comply with this instruction as soon as reasonably practicable (but in not less than 30 days to allow for recovery from backups in the instance of an accidental deletion by a Subscriber or User) and within a maximum period of 180 days, unless EU or EU Member State law requires storage. If a Subscriber cancels the Service, Cloud Experts Web will delete the Subscriber Data from Cloud Experts Web 's systems within a maximum period of 180 days, unless EU or EU Member State law requires storage.
h. In the event of a Security Incident, Cloud Experts Web will notify Customer in accordance with Cloud Experts Web ’s obligations under the applicable law or regulatory requirement that applies to the Security Incident. “Security Incident” shall mean the misappropriation of personal data located on Cloud Experts Web systems or processed by providing the Services that compromises the security, confidentiality, or integrity of such personal data. Security Incidents will not include unsuccessful attempts or activities that do not compromise the security of Subscriber data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks, and other network attacks on firewalls or networked systems. Notification(s) of any Security Incident(s) will be delivered to the Subscriber Email Address or, at Cloud Experts Web ’s discretion, by direct communication (for example, by phone call or an in-person meeting). Subscriber is solely responsible for ensuring that their Email Address is current and valid. Cloud Experts Web will not assess the contents of Subscriber Data in order to identify information subject to any specific legal requirements. Subscriber is solely responsible for complying with incident notification laws applicable to Subscriber and fulfilling any third party notification obligations related to any Security Incident(s). Cloud Experts Web ’s notification of or response to a Security Incident under this Section 4(h) will not be construed as an acknowledgement by Cloud Experts Web of any fault or liability with respect to the Security Incident.
i. If Cloud Experts Web receives a request from a data subject in connection with the processing of such person’s personal data on Subscriber's behalf, then Cloud Experts Web shall notify Subscriber, to the extent legally permitted; provided, however, that Subscriber shall have the sole obligation of responding directly to such data subject. Cloud Experts Web shall reasonably cooperate with the Subscriber in the event of an investigation by a data protection regulator or similar authority, if and to the extent that such investigation relates to Cloud Experts Web 's processing of personal data.
j. Cloud Experts Web shall keep a list of subprocessors and make it available for Subscriber’s review upon request on an annual basis or in the event that a new subprocessor is added. Customer consents to Cloud Experts Web ’s use of subprocessors in performance of the Applicable Services.
FEES, BILLING AND RENEWAL
a. Unless otherwise indicated by Cloud Experts Web for the relevant Service, Fees for the subscription or use of a Service are payable and remitted to Cloud Experts Web , as further described in this paragraph immediately below. Cloud Experts Web charges and collects non-refundable Fees in advance for use of the Service and no Fees are refundable for any reason during the Initial Term or any Renewal Term. During any Term, Cloud Experts Web will automatically renew and bill Subscriber's credit card or issue an invoice (a) every month for monthly service, (b) every quarter for quarterly service, (c) each year on the subsequent anniversary for annual service, or (d) as otherwise mutually agreed upon.
b. Notwithstanding the above, Subscribers may elect to make use of a third party Storage Service as supported by Cloud Experts Web . Subscribers who wish to make use of a third party Storage Service, including but not limited to Amazon's S3 product or the Google Storage product, will need to complete a registration with the relevant third party; the fee for use of the Storage Service is billed separately by the third party, and enables Subscribers to archive resources to the Storage Service, thus reducing the storage calculated under 3.10 Storage Limits. These charges (and all other elements of a Subscriber's Storage Service account) are the responsibility of Subscribers who opt to use the Storage Service, and are in addition to Cloud Experts Web licensing or Service Fees payable to Cloud Experts Web .
c. Payments made by the Subscriber under this Agreement exclude any taxes or duties payable in respect of the goods or services supplied in the jurisdiction where the payment is either made or received. To the extent that any such taxes or duties are payable by Cloud Experts Web , the Subscriber must pay to Cloud Experts Web the amount of such taxes or duties in addition to the Service Fees under this Agreement. Notwithstanding the foregoing, the Subscriber may have obtained an exemption from relevant taxes or duties as of the time such taxes or duties are levied or assessed. In such event, Subscriber shall have the right to provide to Cloud Experts Web with any such exemption information and Cloud Experts Web will use reasonable efforts to provide such invoicing documents as may enable the Subscriber to obtain a refund or credit for the amount so paid from any relevant revenue authority if such a refund or credit is available.
NON-PAYMENT AND SUSPENSION
All payments for Fees shall be due according to the terms in Section 5 (Fees, Billing and Renewal) and as provided on the relevant Service, and shall be deemed delinquent if not received by the due date. In addition to any other rights granted to Cloud Experts Web herein, Cloud Experts Web reserves the right to suspend or terminate this Agreement and Subscriber's access to the Service if Subscriber's account becomes delinquent for 30 or more days. Delinquent invoices are subject to interest charges of 1.0% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. Subscriber will continue to be charged for User seats during any period of suspension. If Subscriber or Cloud Experts Web initiates termination of this Agreement, Subscriber will be obligated to pay the balance due on account computed in accordance with this Section and the Fees, Billing and Renewal Section above. Subscriber agrees that Cloud Experts Web may charge such unpaid Fees and charges to Subscriber's credit card or otherwise bill Subscriber for such unpaid Fees and charges. Subscriber agrees and acknowledges that Cloud Experts Web has no obligation to retain Subscriber Data and that such Subscriber Data may be irretrievably deleted if Subscriber's account becomes delinquent for 30 or more days.
TERM, REDUCTION IN USERS and TERMINATION
a. This Agreement commences on the Effective Date. Unless earlier terminated under Sections 6 or 7, this Agreement will automatically renew at the end of the initial Term specified in the Order form (the "Initial Term") and any Renewal Term for successive renewal terms equal in duration to the Initial Term, or one year, if the Initial Term is equal to or greater than one year (each a "Renewal Term") at Cloud Experts Web ' then current rates, unless a different rate is specified in the Order Form covering a term of greater than one year. Either party may terminate this Agreement or reduce the number of Users, effective only upon the expiration of the then current Term, by notifying the other party in writing or through the account cancellation feature contained in the Service at least five (5) business days prior to the date of the invoice for the following Term. In the case of free trials, notifications provided through the Service indicating the remaining number of days in the free trial shall constitute notice of termination. In the event this Agreement is terminated (other than by reason of Subscriber's breach), Cloud Experts Web will make available to Subscriber a file of the Subscriber Data within 30 days of termination if Subscriber so requests at the time of termination. Subscriber agrees and acknowledges that Cloud Experts Web has no obligation to retain the Subscriber Data, and may delete such Subscriber Data, more than 30 days after termination.
b. Any breach or delinquency of Subscriber's payment obligations or unauthorized use of the Cloud Experts Web Technology or Service will be deemed a material breach of this Agreement. Cloud Experts Web , in its sole discretion, may immediately terminate Subscriber's password, account or use of the Service and this Agreement if Subscriber breaches or otherwise fails to comply with this Agreement. In addition, Cloud Experts Web may terminate a free account at any time in its sole discretion. Subscriber agrees and acknowledges that Cloud Experts Web has no obligation to retain the Subscriber Data, and may delete such Subscriber Data, if Subscriber has materially breached this Agreement, including, but not limited to, failure to pay outstanding Fees, and such breach has not been cured within 30 days of payment delinquency or notice of such breach; provided, however, notwithstanding anything to the contrary, Cloud Experts Web may, in its sole discretion, immediately terminate this Agreement and take any actions as described herein related to or in connection with Subscriber’s unauthorized use of Cloud Experts Web ’s Technology or Service.
c. Sections 2 (Definitions), 3 (Terms of Service for Cloud Experts Web ), 4 (Restrictions and Responsibilities), 5 (Fees, Billing and Renewal) (surviving until all Fees and charges are paid and Subscriber responsibilities fulfilled), 6 (Non-Payment and Suspension) (surviving until all Fees and charges are paid), 7 (Term, Reduction in Users and Termination), 8 (Assignment, Successors and Assigns), 11.b. (Indemnification), 12 (Disclaimer of Warranties), 13 (Exclusion of Damages and Limitation of Liability), 14 (Dispute Resolution), and 15 ("General Provisions"), shall survive expiration or termination of this Agreement.
ASSIGNMENT, SUCCESSORS AND ASSIGNS
Subscriber shall not transfer or assign this Agreement (including by operation of law) or any rights or obligations hereunder without the prior written consent of Cloud Experts Web , and any attempted assignment or transfer in violation of the foregoing will be void. This Agreement will be for the benefit of the permitted successors and assigns, and will be binding on heirs, legal representatives and permitted assignees.
PUBLICITY RIGHTS
Subscriber grants Cloud Experts Web the right to include the Subscriber as a customer in Cloud Experts Web ' promotional material. Subscriber can opt to have their name excluded from such use by Cloud Experts Web as agreed to in writing on a case-by-case basis by providing a sufficiently detailed email request regarding the same to support@cloudexpertsweb.com; the subject line in such email should be entitled "Non-use of Subscriber Name."
Contact Us
Your information is controlled by Cloud Experts Web Inc. If you have questions or concerns about how your information is handled, please direct your inquiry to us through the contact details below: E-Mail: support@cloudexpertsweb.com