Terms of Service
1.1 TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE (“AGREEMENT” OR “TERMS OF SERVICE”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY FRAUDHUNT.NET. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITES AND THE SERVICE (EACH AS DEFINED BELOW). BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
“Documentation” means Integration Guides, Analytic Guides, API description, and any other background information and user documentation regarding the Service that is provided by Fraudhunt.net to Customer in electronic or other form.
“Fraudhunt.net Property” means all ideas, concepts, inventions, systems, platforms, software, interfaces, tools, utilities, templates, forms, techniques, methods, processes, algorithms, know-how, trade secrets and other technologies and information acquired, created, developed or licensed by Fraudhunt.net prior to or outside the scope of this Agreement and any improvement, modification, extension or other derivative works thereof and all intellectual property rights thereto including without limitation the Service, Documentation, and Aggregate Data.
“Service” means Fraudhunt.net User Interface, Fraudhunt API, Analytic Tools, different types of testing, etc. (including any Fraudhunt.net Property used to provide such service), as hosted by or on behalf of Fraudhunt.net and provided to Customer under this Agreement, as updated from time to time by Fraudhunt.net in its sole discretion.
“Sites” means websites operated by Fraudhunt.net that are made accessible to Customer under this Agreement.
“User” (further “Customer”) means any subject (a person(s) or company(s)) that use(s) the Fraudhunt.net system.
2.1 SERVICE LAUNCH
Each party will provide the other with reasonable cooperation, assistance, information, and access as may be necessary to initiate Customer’s use of the Service. Fraudhunt.net will provide services to the customer in accordance with the purchased Service as described on our Pricing page.
2.2 SERVICE ACCESS AND AVAILABILITY
(A) CUSTOMER SYSTEMS
Customer is responsible for providing (I) all equipment, subscriptions and credentials necessary for Fraudhunt.net to receive the Customer Data and (II) all servers, devices, storage, software (other than the Customer’s data), databases, network and communications equipment and ancillary services needed to connect to, access or otherwise use the Service at its facility (collectively, “Customer Systems”). Customer shall ensure that all Customer Systems are compatible with the Service and comply with all configurations and specifications described in the Documentation.
(B) SERVICE ACCESS
As part of the implementation process, Customer will identify a primary administrative email address (a login) and password that will be used to set up Customer’s account. Customer shall be responsible for the acts or omissions of any person who accesses the Service using passwords or access procedures provided to or created by Customer. Fraudhunt.net reserves the right to refuse registration of, or to cancel, login IDs that violate the terms and conditions set forth in this Agreement. Customer agrees to notify Fraudhunt.net immediately upon learning of any unauthorized use of Customer’s account or any other breach of security. From time to time, Fraudhunt.net’s personnel may log in to the Service under Customer’s account in order to maintain or improve the Service, including providing Customer assistance with technical or billing issues. Customer hereby acknowledges and consents to such access.
2.3 SERVICE AVAILABILITY
Fraudhunt.net will use commercially reasonable efforts to maintain the Service availability to send and receive data, in case of downtimes resulting from maintenance, repairs, and upgrades Fraudhunt.net will attempt to notify Customer electronically in advance of any planned downtimes. Notwithstanding the foregoing, Fraudhunt.net will not be liable for any failures in the Service or any other problems which are related to (a) the Customer Data or Customer Systems or (b) outages to any telecommunications or public Internet backbones, networks or servers, or other equipment or service outside of Fraudhunt.net’s facilities or control.
Fraudhunt.net grants Customer a nonexclusive, nontransferable, revocable right during the Service term specified in a Billing Plan, to (a) access and use the Service as described in Section 5 hereof, solely for Customer’s internal business purposes and (b) download, install and use the Customer’s data in connection with Customer’s authorized use of the Service. The Service is made available to Customer solely as hosted by or on behalf of Fraudhunt.net, and nothing in this Agreement shall be construed to grant Customer any right to receive any copy of the Service or any software. Customer’s access and use of the Service shall comply with all other conditions set forth in the Pricing page and Documentation (such as, for example, any requirements regarding data formats).
2.5 SERVICE SUPPORT
Fraudhunt.net will provide Customer with e-mail and on-line support for Customer’s use of the Service. Customer agrees that Fraudhunt.net is not responsible to provide support for any issues resulting from problems, errors or inquiries related to Customer Systems.
2.6 PROFESSIONAL SERVICES
From time to time, Customer may request and Fraudhunt.net may agree to provide certain custom development, consulting, training or other professional services as mutually agreed to by the parties (“Professional Services”). The terms and conditions of any such arrangement for Professional Services shall be set forth in a separate statement of work executed by the parties that specifically references this Agreement (each, a “Statement of Work”), each of which shall be governed by the terms of this Agreement with the fee set by Fraudhunt.net and agreed by the parties. Unless otherwise agreed to by the parties and set forth in the applicable Statement of Work, all intellectual property, and all rights embodied therein, that are created by Fraudhunt.net during the performance of Professional Services shall be owned solely and exclusively by Fraudhunt.net.
3. SERVICE RESTRICTIONS AND CUSTOMER OBLIGATIONS
3.1 SERVICE RESTRICTIONS
Customer shall not directly or indirectly: (I) use the Service or any of Fraudhunt.net Property or Confidential Information to create any service, software or documentation that performs substantially the same functionality as the Service, (II) disassemble, decompile, reverse engineer or use any other means to attempt to discover any source code, algorithms or trade secrets underlying the Service (except and only to the extent these restrictions are expressly prohibited by applicable statutory law), (III) encumber, sublicense, transfer, distribute, rent, lease, time-share or use any Fraudhunt.net Property in any service bureau arrangement or otherwise for the benefit of any third party, (IV) adapt, combine, create derivative works of or otherwise modify any Fraudhunt.net Property, or (V) use or allow the transmission, transfer, export, re-export or other transfer of any software, technology or information Customer obtains or learns pursuant to this Agreement in violation of any export control or other laws and regulations of the United States or any other relevant jurisdiction.
3.2 UNAUTHORIZED USE OF SERVICE
Customer shall not directly or indirectly: (I) use unique values or a continuous set of values as inputs to event attributes, (II) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (III) bypass any privacy settings or measures Fraudhunt.net may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
3.3 PRIVACY AND DATA PROTECTION
4. FEES AND PAYMENTS
4.1 SERVICE FEES
Customer shall pay a fee for the right to use the Service (“Service Fees”) in the amount set forth in the chosen Pricing plan. The Service is to be purchased beforehand and it will remain active irrespective of any timeframes as long as a Customer has active DAU (Daily Active Users) on their account.
4.2 PAYMENT TERMS
Payments shall be made in US dollars as it set forth in the Billing Plan options, in full without set-off, counterclaim or deduction right after the applicable services are chosen from the Billing Plan or agreed as Professional Services. Therefore, Fraudhunt.net shall receive the set fee before services are provided.
Customer agrees to reimburse Fraudhunt.net for all costs (including attorneys’ fees) incurred by Fraudhunt.net in collecting late payments. In addition to its other rights and remedies, Fraudhunt.net may, at its option, suspend Customer’s access to the Service or terminate this Agreement in the event that Customer has debts in the payment of fees owed to Fraudhunt.net.
All payments required by this Agreement are exclusive of federal, state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments (including without limitation, sales taxes, use taxes and value added taxes), and Customer agrees to bear and be responsible for the payment of all such charges, excluding taxes based upon Fraudhunt.net’s net income. All amounts payable by Customer hereunder, including all Service Fees, shall be grossed-up for any withholding taxes imposed by any foreign government on Customer’s payment of such amounts to Fraudhunt.net.
“Confidential Information” means all financial, business, operational, marketing or technical information disclosed by or for a party in relation to this Agreement whether disclosed in tangible, written, oral or electronic form that is of a nature that should reasonably be considered to be confidential and proprietary. Without limitation, (a) the Service, Fraudhunt.net Property and pricing information are Fraudhunt.net’s Confidential Information and (b) all Customer Data (including any Personal Information) shall be deemed Customer’s Confidential Information for purposes of this Section 5. Confidential Information expressly excludes any information (other than Personal Information) to the extent that a recipient can demonstrate such information is (a) already known by recipient prior to receipt for the disclosing party without restriction, (b) rightfully furnished to recipient without restriction by a third party not in breach of any obligation of the disclosing party, (c) generally available to the public without breach of this Agreement or (d) independently developed by the recipient without reference to or use of any of the disclosing party’s Confidential Information.
Except for the specific rights expressly granted by this Agreement, the receiving party shall not use, copy or disclose any of the disclosing party’s Confidential Information without disclosing party’s prior written consent. The receiving party shall use the disclosing party’s Confidential Information solely for the purpose of exercising its rights and performing its obligations hereunder. The receiving party shall only disclose Confidential Information to its employees, contractors and agents (“Representatives”) who have a need to know for the purposes of this Agreement and are bound by substantially similar confidentiality obligations and shall use reasonable care to safeguard the disclosing party’s Confidential Information. Each party shall be responsible for any breach of confidentiality by its Representatives, as applicable. Promptly upon the disclosing party’s request at any time, the receiving party shall return all of the disclosing party’s tangible Confidential Information, permanently erase all Confidential Information in electronic form and destroy all information, records, copies, summaries, analyses and materials developed therefrom. Each party may disclose the general nature, but not the specific terms, of this Agreement without the prior consent of the other party; provided, however, that either party may provide a copy of this Agreement or otherwise disclose its terms on a confidential basis in connection with any financing transaction or due diligence inquiry.
5.3 COMPELLED DISCLOSURE
Nothing herein shall prevent a party from disclosing this Agreement or any of the other’s Confidential Information as necessary pursuant to any court order or any legal, regulatory, law enforcement or similar requirement or investigation; provided, prior to any such disclosure, the receiving party shall use reasonable efforts to (a) promptly notify the disclosing party in writing of such requirement to disclose and (b) cooperate with the disclosing party in protecting against or minimizing any such disclosure or obtaining a protective order.
6. PROPRIETARY RIGHTS
6.1 RESULTS AND CUSTOMER DATA
Customer shall own all rights, title and interest (including all intellectual property and other proprietary rights) in and to the Results, Customer Data and Customer Systems. Customer hereby grants Fraudhunt.net a nonexclusive, irrevocable, worldwide, sublicensable, royalty-free right and license to access, use, copy, process and store the Customer Data solely for the purpose of providing the Service. Customer agrees that the Service depends on the availability of the Customer Data. Customer will be solely responsible for all Customer Data collected from end users as a result of Customer’s use of the Service including the accuracy and completeness of such information. Unless otherwise set forth in the Billing Plan form, Fraudhunt.net shall not have any obligation to store any Customer Data or Results. Except for the limited rights and licenses expressly granted hereunder, no other license is granted, no other use is permitted and Customer shall retain all right, title and interest (including all intellectual property and proprietary rights embodied therein) in and to the Results, Customer Data and Customer Systems.
6.2 SERVICE FEEDBACK
Customer may, from time to time and in its sole discretion, make suggestions for changes, modifications or improvements to the Service (“Feedback”). All Feedbacks shall be solely owned by Fraudhunt.net (including all intellectual property rights therein and thereto) and shall also be Fraudhunt.net’s Confidential Information. Customer shall and hereby does make all arrangements necessary to achieve such ownership.
6.3 FRAUDHUNT.NET PROPERTY
In the event when Fraudhunt.net includes Fraudhunt.net Property in the Results, then subject to all terms and conditions of this Agreement, Fraudhunt.net agrees to grant Customer (without the right to sublicense) a nonexclusive, nontransferable, revocable, nonsublicensable, royalty-free right and license to use such Fraudhunt.net Property as combined with or embodied in the applicable Results, solely for Customer’s internal business purposes in connection with Customer’s use of the Results. Except for the limited rights and licenses expressly granted hereunder, no other license is granted, no other use is permitted and Fraudhunt.net (and its licensors) shall retain all rights, title and interest (including all intellectual property and proprietary rights embodied therein) in and to the Service and the Fraudhunt.net Property.
6.4 GENERAL DATA; AGGREGATED DATA
Customer agrees that Fraudhunt.net is free to (I) collect, use and create derivative works of data regarding Service use and performance derived from the Results; (II) aggregate such data with other data to create compilations and analysis of such data (the “Aggregated Data”); and (III) use, copy, modify, create derivative works, publish and disclose such Aggregated Data in a manner that does not directly or indirectly identify Customer or any individual person.
Fraudhunt.net shall own all rights, title and interest to the Aggregated Data and any derivative works thereof. In addition, Fraudhunt.net shall be free to reuse all general data, experience, know-how, works and technologies (including ideas, concepts, processes and techniques) related to the Results or acquired during provision of the Service (including without limitation, that which it could have acquired performing the same or similar services for another customer).
7. WARRANTIES AND DISCLAIMERS
7.1 CUSTOMER DATA
Customer claims and warrants that Customer owns all rights, title and interest, or possesses sufficient license rights, in and to the Customer Data and Personal Information as may be necessary to permit the use contemplated under this Agreement.
Fraudhunt.net claims and warrants to Customer that the Service will be provided in a professional manner in accordance with the terms of this Agreement and the Documentation. Any warranty claim under this Section 9.2 must be made in writing within ten (10) days after performance of the portion of the Services giving rise to the claim. Fraudhunt’s sole liability and Customer’s exclusive right and remedy for a breach of such warranty is for Fraudhunt.net to correct or re-perform the nonconforming Service.
EXCEPT AS SPECIFICALLY PROVIDED FOR IN THIS SECTION 9, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY HEREBY DISCLAIMS (FOR ITSELF, ITS AFFILIATES AND THEIR SUPPLIERS) ALL CLAIMS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM ANY COURSE OF USE, MAINTENANCE OR COMMERCIAL USE. WITHOUT LIMITING THE FOREGOING, FRAUDHUNT.NET MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR BE UNINTERRUPTED, ERROR-FREE OR BUG-FREE.
8.1 FRAUDHUNT.NET INFRINGEMENT INDEMNITY
Except as provided below, Fraudhunt.net agrees to (a) defend Customer against any allegation demand, claim, action, proceeding or lawsuit (each, a “Claim”) by a third party stating that Customer’s authorized use of the Service infringes any US patent or copyright or misappropriates any trade secret of such third party and (b) indemnify Customer for settlement amounts or damages, liabilities, costs and expenses (including reasonable attorneys’ fees, “Loss(es)”) awarded to such third party by a court of competent jurisdiction or agreed to as part of a monetary settlement arising out of such Claim; provided, that (I) Customer promptly provides Fraudhunt.net with a written notice thereof and reasonable cooperation, information, and assistance in connection therewith, and (II) Fraudhunt.net shall have sole control and authority to defend, settle or compromise such Claim. If the Service becomes or, in Fraudhunt.net’s opinion, is likely to become, the subject of any injunction preventing its use as contemplated herein, Fraudhunt.net may, at its option (1) obtain for Customer the right to continue using the Service or (2) replace or modify the Service so that it becomes non-infringing without substantially compromising its principal functions. If (1) and (2) are not reasonably available to Fraudhunt.net, then it may terminate this Agreement upon written notice to Customer and refund to Customer any unused prepaid Service Fees, pro-rated for the remainder of the prepaid period. Fraudhunt.net shall have no liability or obligation to Customer hereunder with respect to any Claim or Loss to the extent based upon (a) any unauthorized use of the Service, (b) any modification or combination of the Service with data, software, hardware, or systems not provided by Fraudhunt.net, (c) any portion of the Service that implements Customer’s specific requirements, (d) Customer’s continuing allegedly infringing activity after being notified to cease use as provided for herein or (e) Customer’s continuing use of any version of the Fraudhunt Property after being provided modifications that would have avoided the alleged infringement. The foregoing states the sole and exclusive liability of Fraudhunt.net, and Customer’s sole and exclusive remedy, with respect to any actual or alleged violation of intellectual property rights by the Service or any part thereof or by its use or operation.
8.2 CUSTOMER INDEMNITY
Customer agrees to (I) defend Fraudhunt.net against any Claim by a third party that results from or arises out of (a) any breach by Customer of any of its obligations in this Agreement, (b) any breach by Customer of its representations and warranties set forth in this Agreement, or (c) any violation of any third party’s (including any of Customer’s end users) privacy right or Personal Information arising out of Customer’s use of the Service; and (II) indemnify Fraudhunt.net for any Losses awarded by a court of competent jurisdiction or agreed to as part of a monetary settlement and arising out of such Claim; provided, that (I) Fraudhunt.net promptly provides Customer with written notice thereof and reasonable cooperation, information, and assistance in connection therewith, and (II) Customer shall have sole control and authority to defend, settle or compromise such Claim.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) LOSS OR INACCURACY OF OR DAMAGE TO DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (B) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS AND GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (C) DAMAGES, IN THE AGGREGATE, IN EXCESS OF THE TOTAL OF THE AMOUNTS PAID TO IT OR THE TOTAL OF THE AMOUNTS PAID AND PAYABLE HEREUNDER (IN THE CASE OF CUSTOMER) DURING THE THEN CURRENT TERM OF THE BILLING PLAN FORM GIVING RISE TO THE CLAIM. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL NOT APPLY TO ANY BREACH OF CONFIDENTIALITY OR PROPRIETARY RIGHTS OR FOR COST OF DEFENSE OR LIABILITIES ARISING OUT OF A PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER.
10. TERM AND TERMINATION
10.1 Term and Termination.
The term of this Agreement will commence on the Effective Date and will continue until terminated by either party as provided in this Section. Customer may terminate this Agreement at any time subject to the termination instructions provided by Fraudhunt.net. Fraudhunt.net may terminate this Agreement for its convenience on thirty days notice to Customer. Either party may terminate this Agreement immediately on written notice to the other party if the other party files for bankruptcy; becomes or is declared insolvent, or is subject to any proceedings related to its liquidation, insolvency or the appointment of a receiver or similar officer for it; makes an agreement for the benefit of all or substantially all of its creditor; or enters into an agreement for the cancellation, extension, or readjustment of substantially all of its obligations.
10.2 Suspension of Service.
Notwithstanding any provision herein to the contrary, Fraudhunt.net may temporarily suspend the Service in the event of any activity by Customer or any of its users that has (or in Fraudhunt.net’s reasonable assessment is likely to have) an adverse effect on the operation of the Service.
10.3 EFFECTS OF TERMINATION
Upon any expiration or termination of this Agreement, all rights, obligations and licenses of the parties shall cease, except that (a) all obligations that accrued prior to the effective date of termination (including without limitation, all payment obligations) and all remedies for breach of this Agreement shall survive, confidentiality, proprietary rights provisions, warranties and disclaimers), indemnification, limitation of liability, and general provisions shall survive. Fraudhunt.net has no obligation to retain any Customer Data or Results after the Term and will destroy all Customer Data and Results in its possession within ninety (90) days after the end of the Term; provided, upon Enterprise Customer’s written request received within thirty (30) days after termination, Fraudhunt.net will deliver to Customer a copy of the Customer Data then currently stored by Fraudhunt.net (in the same format Fraudhunt.net stored it).
11. GENERAL PROVISIONS
11.1 ENTIRE AGREEMENT
This Agreement constitutes the entire agreement, and supersedes all prior negotiations, understandings or agreements (oral or written), between the parties about the subject matter of this Agreement. Any inconsistent or additional terms on any related purchase order, confirmation or similar form, even if signed by the parties after the date hereof, shall have no force or effect under this Agreement. No waiver, consent or modification of this Agreement shall bind either party unless in writing and signed by the party against which enforcement is sought. The failure of either party to enforce its rights under this Agreement at any time for any period will not be construed as a waiver of such rights. If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any use of the terms “include,” “included” or “including” shall also be deemed to mean “but not limited to” or “without limitation.”
11.2 GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the laws of the state of California, without regard to its conflicts of law provisions. Neither the United Nations Convention on Contracts for the International Sale of Goods nor any implementation of the Uniform Computer Information Transactions Act in any jurisdiction shall apply to this Agreement. Except with respect to claims for injunctive or other equitable relief, which may be brought at any time before any court of competent jurisdiction, in the event of any dispute arising from or relating to the subject matter of this Agreement, the senior executive officers of the parties shall use good faith efforts to attempt to amicably resolve the dispute within thirty (30) day period. In the event the parties are unable to amicably resolve the dispute within such thirty (30) day period, the dispute shall be finally settled by arbitration in California, USA, in accordance with the American Arbitration Association Rules and Procedures then in effect, by a single arbitrator selected in accordance with said AAA rules. Judgment upon the award so rendered may be entered in a court having jurisdiction. In any action or proceeding to enforce or interpret this Agreement, the prevailing party will be entitled to recover from the other party its costs and expenses (including reasonable attorneys’ fees) incurred in connection with such action or proceeding and enforcing any judgment or order obtained.
11.3 COMPLIANCE WITH LAWS
Each party shall comply with all applicable, laws and regulations in connection with the performance of its obligations and the exercise of its rights under this Agreement.
Except as specifically provided otherwise, each right and remedy in this Agreement is in addition to any other right or remedy, which may be available by law or in equity. Each party agrees that, in the event of any breach or threatened breach of Section 5 (Confidentiality) or 6 (Proprietary Rights) or the scope of any license granted hereunder, the non-breaching party will suffer irreparable damage for which it will have no adequate remedy by law. Accordingly, the non-breaching party shall be entitled to seek injunctive and other equitable remedies to prevent or restrain such breach or threatened breach, without the necessity of posting any bond.
11.5 FORCE MAJEURE
In the event that either party is prevented from performing, or is unable to perform, any of its obligations under this Agreement (except payment obligations) due to any cause beyond its reasonable control, the affected party shall give written notice thereof to the other party and its performance shall be extended for the period of delay or inability to perform due to such occurrence.
Fraudhunt.net will not use Customer’s trademarks, service marks and logos (“Customer Marks”) in press releases or as a testimonial without obtaining Customer’s prior written approval. Customer hereby consents to inclusion of its name and logos in customer lists that may be published as part of Fraudhunt.net’s marketing and promotional efforts.
You agree that Fraudhunt.net can provide disclosures and notices regarding the Service to you by posting such disclosures and notices on our website, or emailing them to the email address listed in your Fraudhunt.net account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with a paper copy. Such disclosures and notices shall be considered to be received by you within 24 hours of the time it is posted on our website or emailed to you unless we receive notice that the email was not delivered.
Except as expressly provided herein, this Agreement and the rights and obligations hereunder may not be assigned, in whole or in part, by either party without the other party’s written consent. However, without consent, Fraudhunt.net may assign this Agreement to any successor in terms of all or substantially all of its activities that concern this Agreement (whether by sale of assets or equity, merger, consolidation or otherwise). Any assignment in violation of this Section 13.8 shall be deemed null and void ab initio. Fraudhunt.net may use contractors and other third party service providers in performing the Service provided that Fraudhunt.net shall be liable for the acts and omissions of its subcontractors to the same extent as for its own acts and omissions. This Agreement shall be binding upon, and inure to the successors, any representatives and permitted assigns of the parties hereto.
11.9 INDEPENDENT CONTRACTORS
The parties shall be independent contractors under this Agreement, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint ventures or partners for any purpose.
This Agreement may be executed in counterparts, which, taken together, will constitute one and the same instrument. The exchange of a fully executed Agreement (in counterparts or otherwise) by electronic means or in writing shall be sufficient to bind the parties to the terms and conditions of this Agreement.
If you have any questions or concerns about these Terms of Service, please contact us.