In this User Agreement:
"Client" means a User that purchases our services through the Website.
"Brief" means the document setting out the scope of a project, including but not limited to items such as a design brief.
"BusyBee", "We", " our", "Company", or "The Company" or "us" "means Name of Company & Registration Number"
"BusyBee" provides digital services to a global client base. Busybee enables organizations to meet project specification at reduced cost by outsourcing all digital requirements to one professional experienced company with the top 10% professional workforce as opposed to many companies for different digital needs.
"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.
"Project" means a job offered or awarded by a Client via the Website.
"Busybee Services" means all services provided by us to you.
"User", "you", or "your" means an individual who visits or uses the Website.
"User Contract" means:
- this User Agreement;
- any other contractual provisions uploaded to the Website, to the extent not inconsistent with the User Agreement;
- the Project terms as awarded and accepted on the Website, to the extent not inconsistent with the User Agreement; and
- any other material incorporated by reference from time to time.
"Website" means the Website operated by Busybee and available at: busybee.com and any related Busybee service, tool or application.
By accessing the Website, you agree to the following terms with Busybee.
We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website, without notice to you.
The Website is an online venue where Clients get a range of digital services provided to them. The Website enables clients to work with us to complete and pay for projects and to use the services that we provide.
We may, from time to time, and without notice, change or add to the Website or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if any error occurs in the information on the Website or if that information is not current.
Before using the Website, you must read the whole User Agreement, the Website policies and all linked information.
You will not use the Website if you:
- are not able to form legally binding contracts;
- are under the age of 16;
- a person barred from receiving and rendering services under the law; or
- do not hold a valid email address.
Fees and Services
We charge fees for our services. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our schedule of Fees and Charges, which we may change from time to time and will be update by placing on our Website. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post a temporary promotional event or new service on the Websites, or as notified through promotional correspondence.Unless otherwise stated, all fees are quoted in United States Dollars.
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided.
Depending on your residency or location, you may be subject to certain ad valorem or other taxes (for example, GST in Australia), on certain fees that we charge. These taxes will be added to fees billed to you, if applicable
You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction.
Payment Administration Agent
You acknowledge and agree that we may in our sole discretion, from time to time, appoint our related bodies corporate, affiliates, or any other third party to act as our agent to accept (including merchant facilities) from or to Clients on our behalf.
Such a third party will have the same rights, powers and privileges that we have under this User Agreement and will be entitled to exercise or enforce their rights, powers and privileges as our agent or in their own name. In no event shall we be liable to any User for any loss, damage or liability resulting from the Payment Administration Agent's negligence and/or acts beyond the authority given by BusyBee.
We take a number of steps to protect your data, but no security is guaranteed.
Busybee takes commercially reasonable steps to help protect and secure the information it collects and stores about Its Clients. All access to the Site is encrypted using industry-standard transport layer security technology (“TLS”). When you enter sensitive informati, we encrypt the transmission of that information using secure socket layer technology (“SSL”). We also use HTTP strict transport security to add an additional layer of protection. But remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. Thus, while we strive to protect your Personal Information, we cannot ensure and does not warrant the security of any information you transmit to us
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.
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 firstname.lastname@example.org
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.
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.
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.
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.
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.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
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.
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.
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.
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.
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
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@example.com.