These Terms
and Conditions (“Terms”) apply to your use of the Liveissy`s services
(“Services”). We reserve the right, in our sole discretion, to make changes or
modifications to these Terms at any time and for any reason. It is your
responsibility to periodically review these Terms and Conditions to stay
informed of updates. By using the Services or continuing to use the Services
after you have been notified of a change in the Terms, you agree to be bound by
these Terms.
Supplemental
terms or documents that may be posted on our website from time to time are
hereby expressly incorporated herein by reference.
1.1.
We are FZE LLC of Business
Centre,Sharjah, Publishing City Free Zone, Sharjah, United Arab Emirates
(“Bellure media FZE”, “we”, “us” or “our”).
1.2.
We operate the website
www.liveissy.com (“our website”) and provide 1:1 human interactions with Issy
services (“Services”).
1.3.
To contact us, please use our Contact Form.
2.1.
Bellure media FZE shall supply, and
the Client shall purchase the Services in accordance with the written
communications with the Client, whether in digital including email, text or
other forms of electronic communication or physical on print which are subject
to this Agreement.
2.2.
The Contract shall be to the
exclusion of any other terms and conditions subject to which any such written
communication is accepted or purported to be accepted, or any such order is
made or purported to be made, by the Client.
2.3.
With effect from the Commencement
Date Bellure media FZE shall, in consideration of the Fees being paid, provide
the services expressly identified under this Agreement.
2.4.
Bellure media FZE will use
reasonable care and skill to perform the services agreed under this Agreement.
2.5.
Bellure media FZE shall use all
reasonable endeavors to complete its obligations under the Agreement, but time
will not be of the essence in the performance of these obligations.
3.1.
In entering into the Contract, the
Client acknowledges that it does not rely on, and waives any claim for breach
of, any such representations which are not so confirmed.
3.2.
No variation to this Agreement shall
be binding unless agreed in writing between the Client and Bellure media FZE.
3.3.
Sales literature, price lists and
other documents issued by Bellure media FZE in relation to the Services are
subject to alteration without notice and do not constitute offers to sell the
Services which are capable of acceptance.
3.4.
Any typographical, clerical, or
other accidental errors or omissions in any sales literature, estimate, price
list, acceptance of offer, invoice or other document or information issued by
Bellure media FZE shall be subject to correction without any liability on the
part of Bellure media FZE.
4.1.
The price of the Services shall be
the price listed on the website (https://liveissy.com/pricing/) current at the
date of acceptance of the Client’s order, including any monthly retainers, or
such other price as may be agreed in writing by Bellure media FZE and the Client.
4.2.
Bellure media FZE reserves the
right, by giving notice to the Client at any time before delivery, to increase
the price of the Services to reflect any increase in the cost to Bellure media
FZE which is due to any factor beyond the control of Bellure media FZE, any
change in performance dates, quantities or specifications for the Services
which are requested by the Client, or any delay caused by any instructions of
the Client or failure of the Client to give Bellure media FZE adequate
information or instructions.
4.3.
The price is exclusive of any
applicable value added tax excise, sales or taxes or levies of a similar nature
which are imposed or charged by any competent fiscal authority in respect of
the Services, which the Client shall be additionally liable to pay to Bellure
media FZE.
5.1.
All payments required to be made
pursuant to this Agreement shall be made through PayPal within unless otherwise
specified, 7 days of the date of the relevant invoice, without any set-off,
withholding or deduction except such amount (if any) of tax as that party is
required to deduct or withhold by law.
5.2.
The time of payment shall be of the
essence of this Agreement.
5.3.
If the Client fails to make any
payment on the due date in respect of the price or any other sum due including
any monthly retainers, if any, under
this Agreement then Bellure media FZE shall, without prejudice to any right
which Bellure media FZE may have pursuant to any statutory provision in force
from time to time, have the right to
5.4.
suspend the Services, and
5.5.
charge the Client interest on a
daily basis on any sum due and not paid on the due date. Such interest shall be
calculated cumulatively on a daily basis and shall run from day to day and
accrue after as well as before any judgment.
5.6.
All payments shall be made to
Bellure media FZE as indicated on the form of acceptance or invoice issued by
Bellure media FZE.
5.7.
Client shall pay all taxes and
duties, which are levied or imposed on the Services, except income taxes.
5.8.
Payments referred to herein shall
not be refundable.
6.1.
Bellure media FZE are professionals
who will use their own initiative as to the manner in which the Services are
delivered provided that in doing so Bellure media FZE shall cooperate with the
Client and comply with all reasonable and lawful requests of the Client.
6.2.
Bellure media FZE may provide the
Services at such times and on such days as Bellure media FZE shall decide but
shall ensure that the Services are provided on such days and at such times as
are necessary for the proper performance of the Services.
7.1.
The following will not be tolerated:
7.1.1.
Use of abusive or profane language
or actions at any time at any interaction.
7.1.2.
Treatment of Issy while at any
interaction with disrespect.
7.1.3.
Any verbal abuse or harassment
towards Issy.
7.1.4.
Unwelcomed and unsolicited Sexual
Advances, Nudity while at any interaction.
7.2.
Failure to follow the provision of
this Clause will result in immediate termination of the Services. Depending on
the gravity of the incident, notification is given to local police departments
and/or local authorities to initiate prosecution.
8.1.
Bellure media FZE will provide
Bellure media FZE`s services to the Client as an independent contractor and not
as an employee.
8.2.
Bellure media FZE is free to provide
services to other clients so long as there is no interference with Bellure
media FZE`s contractual obligations to the Client.
8.3.
Bellure media FZE has no authority
to and will not exercise or hold itself out as having any authority to enter
into or conclude any contract or to undertake any commitment or obligation for,
in the name of or on behalf of the Client.
9.1.
Bellure media FZE warrants to the
Client that:
9.2.
Bellure media FZE has or has access
to all necessary know-how, expertise, and experience to perform its obligations
under this Agreement.
9.3.
the work product as provided will
conform in all material respects with the written communications.
10.1.
Except in respect of death or
personal injury caused by Bellure media FZE`s negligence, Bellure media FZE
will not by reason of any representation, implied warranty, condition or other
term, or any duty at common law or under express terms of this contract, be
liable for any loss of profit or any indirect, special or consequential loss,
damage, costs, expenses or other claims (whether caused by Bellure media FZE`s
servants or agents or otherwise) which arise out of or in connection with the
supply of the Services.
10.2.
The Client shall indemnify Bellure
media FZE against all damages, costs, claims and expenses suffered by arising
from loss or damage to any equipment (including that of third parties) caused
by the Client, or its agent or employees.
10.3.
Bellure media FZE shall not be
liable to the Client or be deemed to be in breach of this Agreement by reason
of any delay in performing, or any failure to perform, any of Bellure media
FZE`s obligations if the delay or failure was due to any cause beyond Bellure
media FZE`s reasonable control.
In
no event shall Bellure media FZE be responsible or liable for any failure or
delay in the performance of its obligations hereunder arising out of or caused
by, directly or indirectly, forces beyond its control, including, without
limitation, power failure, internet service provider failure, strikes, work
stoppages, accidents, acts of war or terrorism, civil or military disturbances,
nuclear or natural catastrophes or acts of God, and interruptions, loss or
malfunctions of utilities, communications or computer (software and hardware)
services; it being understood that the Bellure media FZE shall use reasonable
efforts which are consistent with accepted practices in the industry to resume
performance as soon as practicable under the circumstances.
No
waiver by Bellure media FZE of any breach of the Contract by the Client shall
be considered as a waiver of any subsequent breach of the same or any other
provision.
A
person who is not a party to the Contract shall have no rights under the
Contract.
If
any provision of this Agreement is held by any competent authority to be
invalid or unenforceable in whole or in part the validity of the other
provisions of this Agreement and the remainder of the provision in question
shall not be affected thereby.
This
Agreement shall be governed by the laws of the UAE and the parties agree to
submit to the exclusive jurisdiction of the courts of the UAE.