Content

You represent and warrant that the content of your project:

• will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
• will not violate any law or regulation;
• will not be defamatory or trade libellous;
• will not be obscene or contain child pornography;
• will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons
• will not contain material linked to terrorist activities
• will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

Identity / Know Your Customer

You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request:

• provide further information to us, which may include your date of birth and or other information that will allow us to reasonably identify you;
• take steps to confirm ownership of your email address or financial instruments; or
• verify your information against third party databases or through other sources.

Refunds

You may ask for a refund at any time except if the amount to refund relates to a Milestone Payment or relates to fees or charges payable to us.

If we agree to the refund, the funds will be received by the Client via the same payment method(s) that the Client used to make the original payment to us.

We may refund funds to Users irrespective of whether a User has requested funds be refunded if:

• we are required by law or consider that we are required by law to do so;
• we determine that refunding funds to the User will avoid any dispute or an increase in our costs;
• we refund funds to the User in accordance with any refund policy specified by us from time to time;
• we find out that the original payment made by the User is fraudulent;
• the User made a duplicate payment in error; or
• we consider, in our sole opinion, that it is likely that the refund of funds is necessary to avoid a credit card chargeback.

You can request a refund by emailing us at [email protected]

For any claim, Busybee may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If Busybee elects arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by you from a panel of ADR providers that Busybee will provide to you. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

All claims you bring against Busybee must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to the terms of this Agreement, Busybee may recover its legal fees and costs (including in-house lawyers and paralegals), provided that Busybee has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

You agree that you will not pursue any claims arising under this User Agreement on a class or other representative basis and will not seek to coordinate or consolidate any arbitration or action here under with any other proceeding.

Busybee's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Survival and Release

This agreement supersedes any other agreement between you and the Company. If any part of this document is found to be unenforceable, that part will be limited to the minimum extent necessary so that this document will otherwise remain in full force and effect. Our failure to enforce any part of this document is not a waiver of any of our rights to later enforce that or any other part of this documents. We may assign any of our rights and obligations under this document from time to time.

Privacy

We use your information as described in the Privacy Policy. If you object to your information being transferred or used in this way then you must not use our service. For the avoidance of doubt, your name and personal details shall be used for identity purposes in the normal course of conducting business. This may include on invoices and purchase orders including but not limited to between transacting parties, including those automatically generated on awarding, accepting and payment.

Indemnity

You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Website and Busybee Services.

No Warranty as to Content

The Website is a dynamic time-sensitive Website. As such, information on the Website will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate or misleading or mislabelled or deceptively labelled accidentally by us or accidentally or purposefully by a third party.

Our Services, the Website and all content on it are provided on an 'as is', 'with all faults' and 'as available' basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about

• the Website or any Services;
• the accuracy, reliability, availability, veracity, timeliness or content of the Website or any Services;
• whether the Website or Services will be up-to-date, uninterrupted, secure, error-free or non-misleading;
• whether defects in the Website will be corrected;
• whether the Website or Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Website or Services;
• the Website, Services or infrastructure on which they are based, being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function

To every extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.

Limitation of Liability

In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:

• any indirect, special, incidental or consequential damages that may be incurred by you;
• any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
• any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website.

The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising.

Notwithstanding the above provisions, nothing in this User Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation.

Legal Limitations

As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation. We may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against us for any matter arising out of any transaction or otherwise in respect of this User Agreement.

You and we agree that you and we will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other Clients.

Notices

Legal notice will be served to the email address you provide to us during the project process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the project process. In such case, notice will be deemed given three days after the date of mailing.

Severability

The provisions of this User Agreement are severable, and if any provision of this User Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by this User Agreement.

Interpretation

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

No Waiver

Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.

Communications

You consent to receive notices and information from us in respect of the Website and Services by electronic communication. You may withdraw this consent at any time.

Additional Terms

It is important to read and understand all our policies as they provide the rules for doing business with us. In addition there may be specific policies or rules that apply, and it is your responsibility to check our Help pages and policies to make sure you comply. Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our Website, including but not limited to:

Each of these policies may be changed from time to time. Changes take effect when we post them on the Website. When using particular services on our Website, you are subject to any posted policies or rules applicable to services you use through the Website, which may be posted from time to time. All such policies or rules are incorporated into this User Agreement.

General

Busybee is located at Manchester

This Agreement contains the entire understanding and agreement between you and Busybee. The following Sections survive any termination of this Agreement: Fees And Services (with respect to fees owed for our services), Release, Content, No Warranty As To Content, Limitation Of Liability, Indemnity, Bar To Action, No Class Actions, Legal Limitations, and Disputes With Us.

Abusing Busybee

Busybee reserves to the greatest extent possible all rights, without limiting any other remedies, to limit, suspend or terminate our service(s) and or deliverables, suspend or ban access to our services, remove any content, and to take any and all technical or legal steps against clients.

Without limiting the reasons for taking the aforementioned actions, conduct giving rise to this response could include:

use of our services for any illegitimate or non bona fide purpose

abuse of any staff members including inappropriate or unreasonable communications

Feedback

If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us by emailing us at [email protected].