Acumen International Website Terms and Conditions
1 About our Terms
1.1 These Terms explain how you may use this website (the “Site”). References in these terms (the “Terms”) to the Site includes the following websites: www.expressglobalemployment.com, and all associated web pages.
1.2 You should read these Terms carefully before using the Site.
1.3 By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.
1.4 If you do not agree with or accept any of these Terms, you should stop using the Site immediately.
1.5 If you have any questions about the Site, please contact us by:
1.5.1 e-mail email@example.com, or
1.5.2 telephone US +1 (646) 500-8634; UK +44 (203) 468-8777. We may record calls for quality and training purposes.
1.6 Definitions The Parties agree that capitalized terms found in these Terms that have not been defined herein, shall take the meaning given to them in the Global Services Employment Agreement (as applicable), and further as follows:
“Agreements” – means the Terms, and where applicable, the Global Services Agreement, the Contractor Agreement, and the Partnership Agreement.
“Content” – means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;
“Contractor Agreement” – means the contractor agreement executed between you and us, in the event you use the Site to provide employee provision and employment related services.
“Global Services Employment Agreement” – means the global services employment agreement executed between you and us, in the event you use the Site to obtain our employee provision and employment related services (as further detailed in the Global Services Employment Agreement) including without limitation (for the avoidance of doubt) where you have agreed to these Terms and executed the Global Services Agreement on behalf of a company or other organisation with a separate legal personality.
“Parties” – means collectively you and us.
“Party” – means each, you and us.
“Partnership Agreement” – means the partnership agreement executed between you and us, in the event you use the Site to obtain cooperation in terms of employees provision and employment related services.
“You”, “you” or “your” – means the person accessing or using the Site or its content.
1.7 Your use of the Site means that you must also comply with our (as applicable):
1.7.2 Cookies policy;
1.7.3 Partnership Agreement, in the event that you become our partner;
1.7.4 Contractor Agreement, in the event that you provide employee provision and employment services on; and
1.7.5 Global Services Employment Agreement, in the event that you obtain employee provision and/or management services from us, as further detailed in the Global Services Employment Agreement.
2 Using the Site
2.1 The Site is for your commercial use only.
2.2 You agree that you are solely responsible for:
2.2.1 all costs and expenses you may incur in relation to your use of the Site; and
2.2.2 keeping your password and other account details confidential.
2.3 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at firstname.lastname@example.org and/or use the website accessibility tools available at www.expressglobalemployment.com/contacts/.
2.4 We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.
3 Ownership, use and Intellectual Property Rights
3.1 This Site and all Intellectual Property Rights in it including but not limited to any content on the Site are owned by us, our licensors or both (as applicable). “Intellectual Property Rights” means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
3.2 Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.
3.3 Trade marks: Acumen International is our trademark. Other trade marks and trade names may also be used on this Site. The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission.
4 Accuracy of information and availability of the Site
4.1 While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.
4.2 We may suspend or terminate operation of the Site at any time as we see fit.
4.3 Content on the Site is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
4.4 Global Payroll Calculator provides calculations on an “as is” and “as available” basis, and for informational and educational purposes only. It does not constitute professional or investment advice. The user acknowledges and agrees that in no event shall Acumen International™ be liable for any damages, losses or expenses, including without limitation, direct, indirect, special, incidental, or consequential damages arising in connection with the use or interpretation of the information contained herein. Acumen International™ is not a professional tax adviser and, therefore, the calculation is not intended as a substitute for tax advice. Accordingly, Acumen International™ recommends that the advice of professional tax advisers is sought with respect to any tax matters. Finally, Acumen International™ does not give any warranty or other assurances as to the operation, quality or functionality of the calculator, access to which may be interrupted, restricted or delayed for any reason.
4.5 While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.
5 Limitation on our liability
5.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any: 5.1.1 losses that:
- (a) were not foreseeable to you and us when these Terms were formed; or
- (b) that were not caused by any breach on our part
5.1.2 business losses; and 5.1.3 losses to non-consumers.
These Terms are dated 27.03.2018. No changes to these Terms by you are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms from time to time. Our updated terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
The Parties agree that the following provisions, in addition to being provisions to these Terms, will also apply mutatis mutandis to any other agreement you execute with the Company, except where the Parties agree otherwise in writing, including without limitation the Global Services Employment Agreement, the Partnership Agreement and the Contractor Agreement.
7.1 Client acknowledges that they have not been induced to enter into the Agreements by any representation or warranty not set forth in the Agreements, including, but not limited to, any statement made by any marketing agent of Acumen.
7.2 No one other than a party to the Agreements has any right to enforce any of the Agreements.
7.3 The Parties agree that Acumen is an independent contractor. Nothing in the Agreements and nothing done in pursuance of the Agreements is to render Acumen an employee, worker or partner of you. Neither Party shall hold himself out as being in partnership with the other and the Acumen shall not hold Itslef out as being an employee of you or being in any role other than that of an independent contractor appointed by you.
7.4 We shall have no liability to you for any breach of the Agreements, where caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
7.5 You specifically authorizes Acumen to conduct a credit and background reference check on you and such officers of you as Acumen deems appropriate in compliance with the requirements of law.
7.6 Each of the Agreements are assignable by us in our sole discretion, provided that the assignee is reasonable, and agrees to comply to the Agreements to the same extent as we do.
7.7 The Agreements referenced herein, constitute the entire agreement between the Parties with regard to this subject matter, and no other agreement, statement, promise or practice between the Parties relating to the subject matter shall be binding on the Parties. These Terms may be updated as detailed in section 7 above; however the Partnership Agreement, Contractor Agreement and Global Services Agreement, may not be amended, modified, waived, or changed in any respect except as agreed in writing and signed by both Parties. A waiver by either Party of any term or condition of the Agreements shall not be deemed or construed to be a waiver of any other term or condition of the Agreements. A waiver by either Party of any term or condition of the Agreements in any instance shall not be deemed or construed to be a waiver of any such term or condition for the future, or of any subsequent breach thereof.
7.8 Failure by either Party at any time to require strict performance by the other Party or to claim breach of any provision of the Agreements, shall not be construed as a waiver of any subsequent breach nor affect the effectiveness of the Agreements, or any part thereof, or prejudice either Party as regards to any subsequent action.
7.9 In recognition of the effort that is necessary to provide the services under the Agreements (as applicable), the Parties agree to cooperate with each other. This duty to cooperate shall encompass the obligation of the each Party to timely supply documents, witnesses and such other evidence as is necessary for each Party to properly fulfil its obligations under this Agreement.
7.10 In the event that any provision of one of the Agreements is held invalid or unenforceable by a court of competent jurisdiction, such provision or portion thereof (the “Breaching Provision”) shall be considered separate and apart from the remainder of such agreement, and the other provisions shall remain fully valid and enforceable. The Breaching Provision shall be amended by the Parties in good faith so that it is in compliance with the law while reflecting the original intent of the Parties as much as possible.
7.11 This Agreement shall be interpreted in accordance with the plain meaning of its terms and not for or against either of the Parties.
7.12 All inquiries with regards to the performance, execution, management and monitoring of this Agreement shall, in the first instance, be directed at, and communicated to, the following persons: To Acumen: email@example.com On behalf of you: to the details you provide upon registration.
7.13 Governing Law and Jurisdiction
7.13.1 The Agreements shall be governed by, and construed in, accordance with the laws of the USA, the State of Delaware.
7.13.2 Any dispute, controversy or claim arising out of, or relating to, this Agreement, including any dispute regarding its existence, validity, interpretation, breach, performance or termination, between either of the Parties, which cannot be amicably resolved by them within 30 (Thirty) calendar days following written notice of the existence of such a dispute, shall be referred to, and finally resolved exclusively by Delaware Court of Chancery.
7.14 Compliance with Applicable Law
7.14.1 Parties agree to comply with all applicable local and national laws of the respective country where they are incorporated.
7.14.2 Parties agree they will not unlawfully discriminate against any Workers on the basis of sex, sexual orientation, race, age, disability, religion, national origin or any other legally protected basis.