Basquillat Consulting INC
IT-Procedure-Template.com
Terms of Service
Last Modified Date: October 28, 2020
These Terms of Service (“Agreement“) are a legally binding agreement between the user or purchaser of the Services/ Products (“User” or “you“) and Basquillat Consulting INC (“we” or “us“). By purchasing the Services or by accessing or using the Services or Website, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not use the Services. You acknowledge that this Agreement is a contract between you and Basquillat Consulting INC, even though it is electronic and is not physically signed by you, and it governs your use of the Services.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT REGISTER FOR OR USE THE SERVICES OR PURCHASE OUR PRODUCTS.
Products
The “Products” consist of a plethora of templates for policies and procedures marketed through our website https://www.it-procedure-template.com/ or another URL we designate (the “Website“). Among other things, the Products enable Users to improve the control framework of their entities and provide transparency to users while helping these entities to meet their objectives.
You may access and use our website solely for your internal business purposes in accordance with the terms of this Agreement. If you are using the Website in a visitor (non-registered) capacity, then the Services shall also refer to the Website.
- Updates; Additional Products. The Products include all updates, modifications and enhancements thereto that Basquillat Consulting INC elects to make generally available to its users of the Services at no additional charge (“Updates”). All Updates shall be subject to the terms of this Agreement. You may purchase additional products and services from Basquillat Consulting INC, which shall be subject to the terms of this Agreement, including any supplementary terms made applicable to such additional products and services, or to separate terms and conditions to be accepted by you prior to subscribing to such additional products and services.
- Third Party Sites, Services and Products. The Services may refer or link to third-party sites, products or services. Certain third party sites (“Third Party Sites”) to which we link are provided to you for your convenience only and are not under our control. We are not responsible for monitoring any transaction between you and any such Third Party Sites and do not warrant, endorse, guarantee, or assume responsibility for them. We may also use third party services and products within the Services (“Third Party Services and Products”), including, but not limited to, payment processing services, information and communication services, analytics services, internet advertising platforms, and advertising service providers. Your use of Third Party Services and Products may be subject to such third party’s terms of service to be accepted by you prior to your use of such Third Party Services and Products.
USE OF Products/ Services
Visitors and Users. You can visit the Website in a visitor (non-registered) capacity. As an unpaid User, you will have access only to certain limited functionality within the Services that Basquillat Consulting INC elects to make available. As a paid User you will have access to certain additional features, which may include, without limitation, access to the dedicated client area and the ability to save your preferences and other settings.
Right to Use Services. Subject to the terms and conditions of this Agreement, Basquillat Consulting INC hereby grants you permission to access and use the Services and the Website solely for your own internal business purposes in accordance with this Agreement and the limitations of the products that you select from the categories we promote on our website. You represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least 18 years of age and have the capacity and authority to enter into this Agreement; and (d) your use of the Services does not and will not violate any applicable law or regulation. If you are under 18, you may not register or attempt to register for the Services.
Restrictions. You may not, directly or indirectly, (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Products or any portion thereof available to any third party; (b) use the Products for any purpose or in any manner that is unlawful (including without limitation in violation of any data, privacy, anti-bribery or export control laws) or is prohibited by this Agreement; (c) read or attempt to read or derive the source code of the Products or the content underlying the Products (except as permitted by law); (d) work around any technical limitations in the Products; (e) interfere or attempt to interfere with or disrupt the integrity, security, functionality or performance of the Products or its components; (f) use the Products in any manner that damages or impairs the Website or interferes with any other party’s use of the Products; (g) modify, translate, adapt, create or attempt to create any derivative works of the Products; (h) access the Products if you are a competitor of ours or use the Products to build a similar or competitive work; (i) hack or otherwise attempt to gain unauthorized access to the Products or its related systems or networks; or (j) use or launch any automated system, including, “robots,” “spiders,” or “offline readers,” that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser. You agree to comply with the Basquillat Consulting INC policies that apply to your use of the Products. You will promptly notify Basquillat Consulting INC at office@it-procedure-template.com if you learn of any unauthorized use or breach of security related to the Products. You may not use the Products if you are legally prohibited from receiving or using the Products under the laws of the country in which you are resident or from which you access or use the Products.
You are solely responsible for all data, information, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereinafter, “post(ing)”) to or in connection with the Products (“Content”). By posting Content to or through the Products, you grant Basquillat Consulting INC a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform such Content in connection with its provision of the Products. Basquillat Consulting INC has the right, but not the obligation, to monitor the Content, the Services and your use thereof. You agree that we may remove or disable any Content that we in good faith determine violates any applicable law, the terms of this Agreement, or any third party right (including, but not limited to, upon receipt of any claim or allegation by a third party or governmental or regulatory authority relating to such Content) and we may disclose such Content and other information about your use of the Products if legally required to do so provided we will notify you (if not legally prohibited from doing so) in advance of such disclosure of Content which is not already public (through no fault of Basquillat Consulting INC). You understand that the Products, including any Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices; and (c) transmission to Basquillat Consulting INC’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the services. You acknowledge and agree that you bear sole responsibility for adequate security, protection and backup of the Content that you post to the Products and you warrant and represent that your Content and your use of your Content will not violate any applicable law or any third party right. Basquillat Consulting INC will have no liability for any unauthorized access or use of any of your Content, or any corruption, deletion, destruction or loss thereof. You understand and agree that we may monitor your use of the Products as well as the use of the Products by all of our users and that we may use the information gathered in an aggregate and anonymous manner. You agree that we may use and publish such aggregate and anonymized information, provided that such information does not identify you. In addition, we may use the information that you submit to the Products without identifying you for purposes of improving the Products.
Promotional Giveaways. From time to time we may offer promotional giveaways of the Products, subject to the specific rules that we will announce at the time of any such promotional giveaway.
Privacy. By using the Products, you authorize us to obtain, process, store, use and transmit your personal data in accordance with our Privacy Policy posted at https://www.it-procedure-template.com/privacy-policy/ which forms an integral part of this Agreement. You acknowledge that the Products have not been designed to process or manage sensitive information and you agree not to use the Products to collect, manage or process sensitive information. We will not have, and we specifically disclaim, any liability that may result from your use of the Products to collect, process or manage sensitive information.
REGISTRATION AND ACCOUNT
To register as a User of Unpaid Products or Paid Products, you must create a user account (“User Account”) by following the registration procedures and instructions set forth on the Website. There is no cost to create the User Account, however, to access the functionality within the Paid Products, you will be required to provide billing details. Each User Account is intended and designed for use by an individual user.
User Responsibilities
You are solely responsible for (a) each Authorized User’s compliance with the terms of this Agreement; (b) maintaining accurate account information at all times, including a valid email address and billing information, if applicable, and updating such information as necessary; and (c) obtaining, maintaining and supporting at your own expense all hardware, software and services necessary to access the Products, including, but not limited to, internet service providers, telecommunications providers, web browsers.
FEES AND PAYMENT
Users of Paid Products will be charged the fees set forth in the relevant product descriptions or as otherwise agreed with Basquillat Consulting INC in a written ordering document or other writing signed by Basquillat Consulting INC and you (the “Fees”). You agree to pay the in advance of Products delivery according to the implemented process implemented on the website, or as otherwise agreed between you and us, by credit card or another payment method accepted on the Website. You can access the details of your Products by accessing your User Account. Any bank fees and charges shall be borne solely by you. Except as otherwise set forth in our Cancellation and Refund Policy located at https://www.it-procedure-template.com (“Cancellation Policy”), all payment obligations are non-cancellable and all Fees paid are non-refundable.
All Fees are inclusive of taxes, which we will charge at time of purchase.
Change in Fees. We may adjust the Fees without notice if we make changes in the Products at our consideration.
OWNERSHIP AND INTELLECTUAL PROPERTY
Proprietary Rights. You agree that all rights, title, and interest in and to the Website, Products, the technology underlying each of them, all modifications and any work product we create relating thereto, and all intellectual property rights in each of the foregoing, including, without limitation, patent, copyright, trademark, database rights, moral rights, rights in know-how and trade secrets (and any licenses in connection with any of them) throughout the world, whether or not registered or capable of registration, and whether subsisting in any specific country or countries or any other part of the world, are and will remain the sole and exclusive property of Basquillat Consulting INC. Except for access to the Products, no other rights are granted to you with respect to the Website or Products. Basquillat Consulting INC reserves all rights not expressly granted in this Agreement.
You are under no obligation to give Basquillat Consulting INC any ideas, suggestions, comments or other feedback related to the Website, the Services, or Basquillat Consulting INC (“Feedback”). If you elect to provide any Feedback, you agree that all such Feedback is non-confidential and that we own all rights to use and incorporate such Feedback into the Products, or any other product or service, without payment or attribution to you.
Claims of Copyright Infringement. If you believe that your work has been used related to the Website or Products in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Basquillat Consulting INC at office@it-procedure-template.com. You must provide all of the following in writing: identify the copyrighted work that you claim has been infringed (or if multiple copyrighted works, then a representative list of such works); identify the content on the Website or Product that you claim is infringing with enough detail so that SEMrush may locate it; your statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; your statement declaring that the notification is accurate, and, under penalty of perjury, that you are the exclusive owner of the copyright interest involved or that you are authorized to act on behalf of the exclusive owner; information reasonably sufficient to permit Basquillat Consulting INC to contact you, i.e. address, telephone number, and email address; and your physical or electronic signature. On receiving the notification containing all of the information set forth above, Basquillat Consulting INC will take whatever action, in its sole discretion, it deems appropriate, which may include notification to the alleged infringer, removal of the disputed use from the Website or Services or termination of the posting account.
TERM; TERMINATION
Unless otherwise stated by Basquillat Consulting INC in writing, this Agreement starts from the first day you visit the Website and remains in effect for as long as you access or use the Basquillat Consulting INC Products or the Website.
De-Registration. You may delete your User account at any time by sending a request to office@it-procedure-template.com If you delete your User account, Basquillat Consulting INC may delete all your data and information stored on Basquillat Consulting INC servers and our company will bear no responsibility for the deletion or loss of such data or information.
Suspension. Basquillat Consulting INC reserves the right to monitor compliance with this Agreement. Basquillat Consulting INC may, without prejudice to our rights under this Agreement or applicable law, suspend any or all of the Services, effective immediately upon notice (which may be electronic) if (a) Basquillat Consulting INC determines in good faith that your use of the Products violates any applicable law, the terms of this Agreement or the rights of any third party; (b) we are prohibited by court order or order of another governmental authority from providing access to the Services; or (c) we reasonably determine that the Products are being used for any abusive, illegal or fraudulent activity that the Products are subject to a security incident, denial of service attack, or other event that impacts the security of the Products or any Content.
Effect of Termination. Upon expiration or termination of this Agreement, including by your cancellation, or if you de-register your User account, all rights of the User with respect to the use of the Services shall terminate immediately. User acknowledges and agrees that Basquillat Consulting INC may erase all User data and information stored on Basquillat Consulting INC servers within reasonable period of time (not less than thirty (30) days) following expiration or termination of the Agreement or de-registration of your User account, provided that Basquillat Consulting INC may retain copies of such data and information to the extent required by law, for archival purposes or as created by automatic computer backup and archived as part of normal computerized archiving systems, maintaining necessary technical and organizational measures.
Upon any termination of this Agreement for any reason, all provisions regarding indemnification, warranty, liability and limits thereon, and any provisions which expressly or by their nature are required to survive such termination in order to achieve their purpose, shall so survive until it shall no longer be necessary for them to survive in order to achieve their purpose.
WARRANTY DISCLAIMER & LIMITATION OF LIABILITY
EXCEPT WHERE PROHIBITED BY LAW, THE SERVICES AND THE WEBSITE ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES OR THE WEBSITE (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN ERROR-FREE BASIS; (C) WILL BE APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS; OR (D) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. WE FURTHER MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON ANY SITES TO WHICH THE WEBSITE OR SERVICES ARE LINKED.
Limitation of Liability. With the exception of any indemnification obligations stated herein, in no event will either party and its respective affiliates, officers, directors, employees, or agents be liable for any indirect, incidental, special, punitive, or consequential damages or loss of profits, revenue, data or business opportunities arising out of or related to this agreement, whether an action is in contract or tort and regardless of the theory of liability whatsoever arising from or related to either this Agreement or use of the Services or the Website. Our maximum aggregate liability to you for any damages arising from or related to this Agreement is limited to the greater of (a) fifty dollars (US $50) or (b) amounts you have paid to us under this Agreement within the prior 12 months. You understand and agree that if you do not agree to this limitation of liability, we would not provide the Services to you. The foregoing limitation of liability shall apply to the fullest extent permitted by law.
Warranty Disclaimer With Regard To Third Party Sites, Third Party Services and Products. Basquillat Consulting INC and its affiliates disclaim any liability with respect to any Third Party Sites and any Third Party Services and Products that you use and for any claim arising out of Basquillat Consulting’s authorized use of your Content.
INDEMNITY
You agree to defend, indemnify and hold harmless SEMrush and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (a) your breach or other violation of this Agreement, (b) your Content, (c) your use of and access to the Services and the Website, or (d) your violation of applicable law or any third party right, including without limitation any privacy, intellectual property or other proprietary right. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Services and the Website. SEMrush reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting SEMrush’s defense of such matter.
GENERAL PROVISIONS
All confidential information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), that is designated in writing as confidential (“Confidential Information”) will be safeguarded by the Receiving Party to the same extent that the Receiving Party safeguards its own information of like kind, but using not less than a reasonable degree of care. The Receiving Party shall not use Confidential Information for any purpose outside the scope of this Agreement or disclose Confidential Information to any third party (except as explicitly stated in our Privacy Policy). The Receiving Party’s obligations under this section shall not apply to information which is publicly available through no fault of the Receiving Party, already in Receiving Party’s possession without obligation of confidentiality, rightfully obtained by Receiving Party from third parties not under obligation of confidentiality, or independently developed by Receiving Party as evidenced by written documentation.
You may not assign or transfer this Agreement, or rights or obligations under it, without our prior written consent. We may assign this Agreement, in whole or in part, without restriction. Any assignment or transfer in violation of the foregoing shall be deemed void and of no effect. Subject to the foregoing, the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
Force Majeure. We shall not be liable for failure or delay of performance of our obligations resulting from any condition beyond our reasonable control, including but not limited to, third party equipment or services, communications failure, governmental action, war, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
Notices to you shall be given to the email address on file associated with your account. To change the email address on file in your account, you must notify Basquillat Consulting INC at office@it-procedure-template.com. You agree to receive communications from us in an electronic form. All notices to you will be deemed received when sent.
Entire Agreement. This Agreement is the entire agreement between you and Basquillat Consulting INC concerning your use of the Website and the Products and supersedes all other proposals and agreements, whether in oral, written or electronic form. In the event of any conflict between the terms of this Agreement and the terms on the Website or any other document, the terms of this Agreement shall prevail. No terms in any purchase order or in any order documentation are incorporated into or form any part of this Agreement, unless otherwise mutually agreed between you and us in writing.
WE MAY CHANGE THE TERMS OF THIS AGREEMENT FROM TIME TO TIME BY POSTING THE UPDATED AGREEMENT ON THE WEBSITE. YOU CAN REVIEW THE MOST CURRENT VERSION OF THIS AGREEMENT AT ANY TIME AT HTTPS://WWW.IT-PROCEDURE-TEMPLATE.COM/ OR A SUCCESSOR URL THAT WE MAY DESIGNATE. THE REVISED TERMS AND CONDITIONS WILL BECOME EFFECTIVE IMMEDIATELY AFTER WE POST THE UPDATED TEXT ON THE WEBSITE. IF YOU USE THE SERVICES AFTER SUCH DATE, SUCH USE WILL CONSTITUTE ACCEPTANCE OF THE REVISED TERMS AND CONDITIONS. We also reserve the right to modify the Products from time to time in our sole discretion. If any change to this Agreement is not acceptable to you, or if any change we make to the Products is a material reduction in functionality, you may, as your sole remedy for such change, stop using our services.
You agree that this Agreement is written in the English language and that the English language version of this Agreement and any related document (including notices) shall prevail. Notwithstanding the foregoing, if you are located in a country whose laws require that contracts be in the local language in order to be enforceable, then the version of this Agreement that governs is the local language version that is produced by Basquillat Consulting INC within a reasonable time following your written request to us.
No Waiver. No failure or delay by Basquillat Consulting INC to exercise any right or remedy will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
If any provision of this Agreement is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, this shall not impair the operation of this Agreement or affect the other provisions which are valid.
Relationship of the Parties. This Agreement does not create or imply any agency, partnership or franchise relationship. Nothing in this Agreement, express or implied, is intended to or shall confer on any third party any right, benefit or remedy of any nature whatsoever.
No Third Party Beneficiaries. Nothing in this Agreement is intended to or shall confer upon any person other than the parties and their respective successors and permitted assigns any legal or equitable right, benefit or remedy of any nature under or by reason of this Agreement.
