Updated on: November 28th, 2017. Effective Date: 4th May 2017.
This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
Acceptance of the Terms
You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using the Services.
Description of Service
We provide an array of services for online collaboration on sales and marketing and management tools including a word processor, spreadsheet, presentation tool, database application creator, email client, chat client, organizer, customer relationship management application and project management application ("Service" or "Services"). You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.
Subscription to Beta Service
We may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Flinkhub will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
Modification of Terms of Service
We may modify the Terms at any time at our sole discretion. You may terminate your use of the Services by providing Flinkhub notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with the use of the Services. All changes are effective immediately upon their posting to this page. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.
User Sign up Obligations
You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the signup process; b) receive promotional and transactional emails, calls or any other communication medium; and c) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Flinkhub has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Flinkhub may terminate your user account and refuse current or future use of any or all of the Services.
Organization Accounts and Administrators
When you sign up for an account for your organization you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account.
You are responsible for i) ensuring confidentiality of your organization account password, ii) appointing competent individuals as administrators for managing your organization account, and iii) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that Flinkhub is not responsible for account administration and internal management of the Services for you.
You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to email@example.com, provided that the process is acceptable to Flinkhub. In the absence of any specified administrator account recovery process, Flinkhub may provide control of an administrator account to an individual providing proof satisfactory to Flinkhub demonstrating authorization to act on behalf of the organization. You agree not to hold Flinkhub liable for the consequences of any action taken by Flinkhub in good faith in this regard.
Personal Information and Privacy
Communications from Flinkhub
The Service may include certain communications from Flinkhub, such as service announcements, administrative messages, and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
If we receive a complaint from any person against you with respect to your activities as part of the use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy Flinkhub in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by Flinkhub to the complainant.
Fees and Payments
The Services are available under subscription plans of various durations. Payments for subscription plans for the duration of less than a year can be made as specified by Flinkhub. Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free plan or inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. If you have not downgraded to a free plan and if you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized Flinkhub to charge the subscription fee to the Credit Card last used by you.
From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then-current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Flinkhub; (vii) violate any applicable local, state, national or international law; and (viii) create a false identity to mislead any person as to the identity or origin of any communication.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
Inactive User Accounts Policy
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and option to backup your data. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Flinkhub the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Flinkhub’s commercial, marketing or any similar purpose. But you grant Flinkhub permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.
User Generated Content
You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Flinkhub will have the right to block access to or remove such content made available by you if Flinkhub receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Flinkhub for this purpose.
For procedure relating to complaints of illegality or infringement of third party rights in content transmitted or published using the Services email us at firstname.lastname@example.org
If you wish to protest any blocking or removal of content by Flinkhub, you may do so by emailing us at email@example.com
Sample files and Applications
Flinkhub may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Flinkhub makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
Flinkhub, Flinkhub logo, the names of individual Services and their logos are trademarks of FLINKHUB Corporation. You agree not to display or use, in any manner, the Flinkhub trademarks, without Flinkhub’s prior permission
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. FLINKHUB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FLINKHUB MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM FLINKHUB, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU AGREE THAT FLINKHUB SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF FLINKHUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL FLINKHUB’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
You agree to indemnify and hold harmless Flinkhub, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by Flinkhub.
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Flinkhub may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Suspension and Termination
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to firstname.lastname@example.org within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.
In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if Flinkhub breaches its obligations under these Terms and in such event, you will be entitled to the prorated refund of any prepaid fees. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.
Sales agents/Resellers/Freelancers agree that by joining Flinkhub you will:
1. Non exclusive Appointment
1.1 Upon acceptance of this Agreement by Flinkhub, Reseller is hereby appointed a non exclusive Reseller of Flinkhub products.
1.2 Reseller accepts such appointment and agrees to serve as a Reseller of the Flinkhub Products to end users as provided herein.
1.3 This Agreement is not exclusive to Reseller and Flinkhub reserves the unrestricted right to sell, license, market and distribute or to grant to others the right to sell, license, market and distribute the Products and value-added versions thereof anywhere in the world.
1.4 Reseller shall not purchase the Products for Reseller’s own use, or for resale to a sister company having the same effect.
2. Reseller Warrant That
2.1 Reseller agrees to provide true and accurate personal and/or company details including but not limited to contact details.
2.2 Reseller warrant that information Reseller provide about Reseller company and any Reseller package offered is true and accurate.
2.3 If any information provided in Reseller profile is found to be false, fraudulent or deliberately misleading we reserve the right to remove Reseller profile without notice or refund.
2.4 Reseller warrant that Reseller business it trading legally and that Reseller have the appropriate rights and authority to register a profile.
2.5 Resellers warrant that Reseller will uphold any Reseller agreements made and will not bring the Reseller Network Ltd or any Merchants into disrepute.
2.6 If it is reported that Reseller has failed to uphold a Reseller agreement or failed to pay any commissions due under such an agreement, we may contact Reseller to investigate such a claim and reserve the right to deactivate Reseller profile.
2.7 Flinkhub acknowledge that Reseller successful registration does not constitute our recommendation or endorsement of Reseller company or products.
2.8 Advertisers warrant that Reseller own, license, or are authorized to promote any images, text, logos, links, websites, products and anything else used to market through the Flinkhub.
3. Flinkhub Warrant That
3.1 Flinkhub will take reasonable provisions to ensure that the website “www.flinkhub.com” remains up and operable.
3.3 Flinkhub will market and promote as much as possible to drive as much traffic.
3.4 Flinkhub will take reasonable measures to check and monitor profiles for validity and warrant that any profile found to be false or fraudulent will be removed as quickly as possible.
3.5 Flinkhub will investigate and vet all suppliers of products or services resold by us on our website as best we reasonably can.
3.6 Any product or service resold by us on our website shall be checked for quality, suitability and/or reliability before being offered on the website.
4.1 Reseller shall have no rights to Source Code to any Product and Reseller shall not have any rights to create any Derivative Works or make translations of the Products and shall not disassemble, decompile,reverse assemble, reverse compile, recompile or make extracts from such Products or attempt to determine the Source Code or permit others to do so.
4.2 No License is granted for any Use or reproduction of any Product for which the required Per Copy Royalty has not been made by Reseller.
5. Cost and payment conditions
5.1 The price for providing the products of Flinkhub is between Flinkhub and Reseller, where the basic price is on Flinkhub’s discretion.
5.2 A current price list of products is given to the Reseller and becomes part of this contract. Flinkhub is obliged to notify Resellers of price changes one month before they become effective.
5.3 Flinkhub reserves the right to change product prices and even Reseller conditions according to the current market situation.
5.4 The Marketing Models and Reseller involvement are negotiated from time to time :
5.5 Reseller is not supposed to BILL directly to customers. In case Reseller bills then it is breach of this contract. Breach of contract will result in no further payment.
5.6 Reseller cannot take payment directly from customers. All payments should be collected in name of Flinkhub only.
5.7 Default in Billing & payment system as mentioned above is a serious breach of the contract and can be one of the reasons for a unilateral termination of the contract by Flinkhub.
5.8 The Reseller commissions will be paid by Flinkhub either by DD / Local Cheque or Wire Transfer on last day of every month.
6. Intellectual Property Rights
6.1 Reseller acknowledge that we are the owner of the website”www.flinkhub.com” and own or license all its content.
6.2 Reseller acknowledge that the website ”www.flinkhub.com” and its content is protected by international copyright and intellectual property laws.
6.3 Reseller agree not to replicate, reproduce, distribute, sell or use the content of the Website “www.flinkhub.com” for any other commercial purpose outside the parameters of these terms and conditions unless expressly agreed by us in writing.
7.1 Whilst Flinkhub endeavour to ensure that the content of the website “www.flinkhub.com” is genuine and accurate we shall not be liable for any inaccuracies or misrepresentations whether made by us or a third party.
7.2 Flinkhub shall not be liable in any way for any consequential loss as a result of the website being unavailable or malfunctioning.
7.3 Flinkhub shall not be liable in any way in the highly unlikely event that data we hold becomes corrupt, lost or stolen.
7.4. Reseller acknowledge and agree that any agreements made between Resellers and merchants are excluded from these terms and conditions and we shall not be liable for any loss of any kind resulting from such agreements.
7.5 Flinkhub shall not be liable for any consequential loss resulting from a third party product or service sold directly or indirectly through our website “www.flinkhub.com”.
8.1 Reseller may at any time during the term of this contract cancel Reseller profile at no extra cost by sending us a written request by email, post or fax.
8.2 If Reseller choose to cancel Reseller profile or advertising for any reason no refund shall be payable.
8.3 We reserve the right to deactivate Reseller profile without notice or refund in the event that Reseller breach any of the particulars that form these terms and conditions.
Companies agree that by joining Flinkhub you will:
1.1 “End-user”: One who buys the product of OEM through Flinkhub.
1.2 “Reseller”: Authorized Resellers who are part of the Flinkhub and have the right to sell any product available on the Flinkhub.
1.3 “Website”: Website in this agreement would refer to the Flinkhub website that is www.flinkhub.com.
1.4 “Platform/Flinkhub platform”: Platform/Flinkhub platform in this agreement would refer to the Flinkhub platform.
1.5 “OEM”: Original Equipment Manufacturer, person or an entity who has sole proprietorship over the product and has a right to sell the product which in this case
1.6 “Transaction”: Transaction in this agreement would be referring to a transaction between the end user and Flinkhub or transaction between Flinkhub and OEM.
1.7 “Flinkhub”: Refers to Flinkhub Inc registered in the state of Delaware.
2. Scope of Service
Flinkhub is engaged in the business of selling the OEM products and services through Flinkhub Reseller Network and through its website www.flinkhub.com (“Website”), Flinkhub will provide a Platform to OEM where OEM will upload the information about the OEM's Product, create a unique OEM Profile page and conduct the sale of OEM product through www.flinkhub.com or through Flinkhub Reseller Network.
3. Roles and Responsibilities of Flinkhub:
3.1. Flinkhub shall bring in their technology through website development, Network of Resellers and will maintain the website solely keep it up and running.
3.2. Invoicing: Flinkhub will raise an invoice directly to the end user and distributing the amount to the reseller and OEM according to the Commission and Taxes.
3.3. The Flinkhub platform and the Reseller of Reseller Network will remain the sole property of Flinkhub.
3.4 Flinkhub won’t be assuring anything to OEM about the minimum number of sales Flinkhub can carry in a month or in a quarter or in a year.
3.5. Flinkhub won’t be solely responsible for the deployment of the product or technical assisting the end user. OEM would also be responsible for the deployment of the OEM and any technical to the assistance of the product to the end user.
3.6. Flinkhub shall not be liable for any inefficiency or any bugs in the OEM’s product.
3.7 Flinkhub shall not be liable for any product listing , updating, and management of OEM Profile page.
4. Roles and Responsibilities of OEM
4.1. OEM agrees to be part of Flinkhub for the sale of their product through www.flinkhub.com or through Flinkhub Reseller Network during the term of this Agreement.
4.2. Pricing Updates: OEM shall be solely responsible for pricing update of their products (including discount and promotion information) on Flinkhub platform provided by Flinkhub.
Flinkhub shall not be liable in any circumstances for any pricing update of OEM Product.
4.3. Fulfillment of Product: During the Term of this Agreement, OEM will be solely responsible for Fulfillment of their products to end customer for products sold through Flinkhub Reseller Network or through Flinkhub website www.flinkhub.com.
4.4 Before an OEM lists an item, the OEM needs to find out if the item is allowed to be sold on the website www.flinkhub.com. As an OEM, you are ultimately responsible for making sure that Selling an item is legal under applicable laws.
4.5 OEM shall not provide a differential pricing to Flinkhub and to end user. It will be same as prices listed on OEM’s website.
5. Taxes and Commission
5.1 Taxes would be applicable to all the transactions between the end user and Flinkhub and between Flinkhub and OEM in accordance with the national/international taxation laws.
5.2 Minimum commission: The minimum commission on a product when the OEMs lists the product on the Flinkhub would be 20(twenty) percent.
5.3 Commission on a product can be updated on Flinkhub platform or as notified over electronic communication. However, the new updated commission will be applicable after a maximum of 30 days or as decided by Flinkhub.
5.4 New updated commission will not be applicable on the past deals. It will only be applicable to the deals which will happen in future.
5.5 Commission would be applicable to the total amount paid by the end user monthly or yearly till the time end user is using OEM’s product.
5.6 Once the product is sold to end user, the commission cannot be decreased from the mutually decided percentage by OEM and Flinkhub at the time of sales.
6. Brand name use and restricted word policy
6.1 OEM can use the Flinkhub logo or Flinkhub website www.flinkhub.com in their marketing and branding campaigns like social media marketing, television advertising, Radio Advertising, banners, hoardings, or email campaign for promotional purpose. Any usage which harms or misguide or misrepresent Flinkhub would not be allowed.
6.2 Flinkhub can use OEM’s logo in their marketing and branding campaigns for promotional purpose. Any usage which harms, misguide or misrepresent OEM would not be allowed.
6.3 OEM cannot change the logo of the Flinkhub in any kind of the Promotional activities.
6.4 OEM or Flinkhub can disallow usage of name and logo in case of unauthorized usage by communicating over an electronic medium. In such case, all the unauthorized use should be stopped by a maximum of 30 days.
7. Transaction Processing
7.1 Collection of Payment: Flinkhub will collect the payment directly from the end user.
7.2 Flinkhub would pay to the OEM on a sale according to the taxes and commission.
7.3 By entering into this Agreement and posting a listing for fixed price sale, OEM agree to the complete transaction as described by this Agreement. OEM acknowledge that by not fulfilling these obligations, OEM action or inaction may be legally actionable.
8. Rights and Licenses
8.1 General Reservations: As between the Parties, OEM reserves all right, title and interest in and to the OEM Intellectual Property and, no title to or ship of any of the OEM Intellectual Property is transferred or licensed to Flinkhub or any other person pursuant to this Agreement.
8.2 As between the Parties, Flinkhub reserves all right, title and interest in and to the Flinkhub Intellectual Property and, except as may expressly be set forth in this Agreement, no title to or ship of any of the Flinkhub Intellectual Property is transferred or licensed to OEM or any other Person pursuant to this Agreement.
8.3 Order placed by any user on Flinkhub website, then the customer database generated will become the sole property of Flinkhub.
8.4 Usage of Flinkhub Intellectual Property: Any Flinkhub’s intellectual property provided or otherwise made available to OEM may be used by OEM is solely for the expressed purposes described in this Agreement during the Term of this Agreement. For the avoidance of doubt, OEM will not:
1. Copy any Flinkhub Intellectual Property;
2. Distribute copies of any Flinkhub Intellectual Property;
3. Modify, adapt, translate, reverse engineer, make alterations, decompile, disassemble, or make derivative works or improvements based on any Flinkhub Intellectual Property.
9. Terms and Termination
9.1 This Agreement shall be valid and binding on both the parties until it is terminated by either party by giving 60 days’ prior written/email notice to the other party without assigning any reason whatsoever for such termination.
9.2 Flinkhub may terminate this Agreement immediately in case of breach of any of the provisions of this Agreement by the OEM if the OEM does not proceed to cure the breach within ten (10) days after receipt of a written Notice of the breach.
Termination for Bankruptcy, Insolvency, Winding Up, etc.
a. Either party may terminate this Agreement with immediate effect upon written notice in the event that the other party abandons its responsibilities under this Agreement, becomes bankrupt or insolvent.
b. On termination of this Agreement, all outstanding obligations of the parties under the terms of this Agreement shall continue to subsist until the same are fulfilled/realized in totality.
9.3 In the event of any termination of this Agreement as provided in Section 9.1, this Agreement section 9.3, section 3.2, 4.5, 5.5, 5.6 and all applicable defined terms, which shall remain in full force and effect.
10.1 Whilst Flinkhub endeavor to ensure that the content of the website “www.flinkhub.com” is genuine and accurate we shall not be liable for any inaccuracies or misrepresentations whether made by us or a third party.
10.2 Flinkhub shall not be liable in any way for any consequential loss as a result of the website being unavailable or malfunctioning.
10.3 Flinkhub shall not be liable in any way in the highly unlikely event that data we hold becomes corrupt, lost or stolen.
END OF TERMS OF SERVICE
If you have any questions or concerns regarding this Agreement, please contact us at email@example.com.