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Privacy Policy

Global Presence Enterpises, LLC, has created this privacy policy (this “Privacy Policy”) in order to demonstrate its commitment to user, visitor and customer privacy with regard to Globalpresence.org  site at (the “Website”). Privacy on the Website is of great importance to us. Because we gather important information from our users, visitors and customers (collectively “Customers” or “you” or “your”), we have established this Privacy Policy as a means to communicate our information gathering and dissemination practices. By accessing this Website, you acknowledge and agree to this Privacy of the Website.

INFORMATION WE COLLECT

We require Customers who register to use the services offered on our Website (collectively, the “Service”) to give us contact information, which may include but is not limited to the Customer’s name, company name, address, phone number, email address, cookies, IP logs, and other information (collectively “Personal Information”). Besides Personal Information, we may also collect other information regarding your use of the Website. From time to time, we may also collect or ask for additional Personal Information, which will also be expressly included herein as Personal Information. You can opt-out of providing this additional information by not entering it when asked or not using the Website, although not providing it may hinder your ability to use the Website.

We use the information that we collect to provide and maintain the Website as we deem appropriate in our sole discretion. We may also use the information to contact you to further discuss interest in our company, the services that we provide, and to send information regarding our company or partners, such as promotions and events. You may be invited to receive an email newsletter or other correspondence by providing an email address. Your email address and any Personal Information will not be distributed or shared with third parties unless it is to transact such business as you have contracted us to do, to comply with any legal processes and/or law enforcement requests, or in order to conduct any business as we, in our sole subjective discretion, deem reasonable. We may also email (or send via other methods) information regarding updates to the Website or Global Presence Enterpises, LLC, and may send a customer newsletter, or other correspondence. You will have an opportunity to unsubscribe to any emails or mailings by clicking on an “unsubscribe” hyperlink contained in promotional emails we send you, or by e-mailing us at our Customer Service Department. Any opt-out by you is not deemed valid until processed by Global Presence Enterpises, LLC. It is your obligation to verify that you have been opted-out. Global Presence Enterpises, LLC shall not be liable for problems with the opt-out procedures.

Except as we explicitly state at the time we request information, or as provided for herein or in the Global Presence Enterpises, LLC Terms of Use Agreement, we do not disclose to third parties the information provided.

Global Presence Enterpises, LLC may also collect certain information from visitors to, and users of, the Website, such as Internet addresses. This information is logged to help diagnose technical problems, and to administer our Website in order to constantly improve the quality of the Service. We may also track and analyze non-identifying and aggregate usage and volume statistical information from you and provide such information to third parties.

Global Presence Enterpises, LLC does not wish to collect any Personal Information (or any information at all) from any persons under 14 years old. If you are under 14 years old, you may not use the Website.

ANTI-SPAM POLICY

Global Presence Enterpises, LLC subscribes to an Anti-Spam policy for all its communication protocols. This means that we do not condone unsolicited email messages, notifications, alerts or any message that you may receive from someone who should not have your email address.

COOKIES

We use cookies to help us remember, understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. This information is collected in an anonymous form that includes no personally identifiable information. No personally identifiable information is collected on this website unless that information is explicitly submitted via a fill-in form. This anonymous information generated by cookies is transmitted to Google where it is processed to generate anonymous, aggregate reporting on website activity strictly for the domain https://www.Global Presence Enterpises, LLC.com. These reports are used to gain insight into how best to optimize the user experience, content, and marketing.

REMARKETING

Cookies are also used to display remarketing advertisements, based upon the user’s previous visits to https://www.Globalpresence.org, across the internet. Remarketing advertisements are displayed through Google’s display-advertisement network. Users may opt-out of Google’s use of cookies at any time by visiting the Google Ads Preferences Manager.

TRADEMARKS

Trademarks Unless otherwise stated, the contents of this site including, but not limited to, the text and images contained herein and their arrangement are the property of Global Presence Enterpises, LLC. All trademarks used or referred to in this website are the property of their respective owners. Nothing contained in this site shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Global Presence Enterpises, LLC or any third party. This site and the content provided in this site, including, but not limited to, graphic images, audio, video, HTML code, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of Global Presence Enterpises, LLC, except that you may download, display, and print one copy of the materials on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices.

UPDATES TO OUR PRIVACY POLICY

If we make any material changes to this Privacy Policy, we will post a notice on this Website notifying users of the changes. In some cases, we also may send an email notifying users of the changes. You should check this Website periodically to see if any recent changes to this Privacy Policy have occurred.

HOW TO CONTACT US

If you have any questions regarding the Global Presence Enterpises, LLC privacy policy or information that you have submitted to us, please feel free to email us at contact [at] This email address is being protected from spambots. You need JavaScript enabled to view it. or mail us at 8362 Pines Blvd #116 Pembroke Pines, FL 33024.



Document Remediation Terms

Welcome to GlobalPresenceHealth.com. GlobalPresenceHealth.com is an on-demand documents accessibility conversion service (“Services”) provided by Global Presence Enterprises, LLC.

 

The following terms and conditions (these "Terms"), govern your access to and use of the GlobalPresenceHealth.com website, including any content, functionality and services offered on or through www.GlobalPresenceHealth.com (the "Site").

Please read the Terms carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Site.

You must be at least 18 years of age to use the Services offered by us. If you are below 18 years of age, you are strictly prohibited from registering on our Site or doing any act, which leads us to believe that you are 18 years of age or above. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Our Customer Support team is available by email at This email address is being protected from spambots. You need JavaScript enabled to view it. for any questions regarding the Site or Terms.

 

Key Terms

  • ‘Users’ are the main users and are responsible for the billing and payments. Users can create sub-users and can buy credits or subscriptions that will be used by the user and/or their sub-users.

  • ‘Sub-users’ can only upload documents to be made accessible. They cannot buy Credits or subscriptions directly but may choose to buy Credits or subscriptions through the Users.

  • ‘Accessibility’ refers to the accessibility standards and guidelines that are followed by the Company to make the documents accessible.

  • ‘Web Content Accessibility Guideline 2.0’ is the accessibility guideline that the Company is working with to meet compliance under applicable laws.

  • ‘Orders’ are the formal agreement between Users, Sub-users and the Company to undertake the Services.

  • ‘Credits’ are the number of pages bought by the User in advance so that the User and Sub-users can utilize the same.

  • ‘Pay-as-you-go’ is the subscription type wherein, the User will make the payment at the time of upload or buy the credits and utilize them to make the documents accessible.

  • ‘Monthly Subscriptions’ are the packages that will be recurring on a monthly basis and based on the monthly subscription, the Users and Sub-users will have access to the features offered by the Company from time to time.

  • ‘Disputes’ are disagreements experienced during an order between a User and/or a Sub-user and the Company.

 

Overview (Main terms, in a nutshell)

  • Users can register on the Site for free through a valid email address.

  • Users can create as many Sub-users as they require, subject to a maximum limit as the Company deems fit, based on the Users’ plan from time to time.

  • Sub-users can only use the Credits as available balance already bought by the User.

  • A User or the Sub-users can upload documents to be made accessible on the Site through the ‘upload a PDF’ option.

  • All the documents to be uploaded on the Site have to meet the specifications set out by the Company in this regard from time to time.

  • On uploading a document, the Site will respond subsequent to the completion of such upload, by generating an Order with an estimated date of delivery and the final cost of making PDF accessible. By confirming such Order, the User and/or the Sub-users accept the terms and conditions of the Site.

  • Upon completion of Services by the Company, the Company will inform the User and/or the Sub-users via email about the status of their Order. The User and/or the Sub-users can then login to the Site and download the particular file.

  • Based on the subscription type, the accessible file will be available for download for such period as communicated to you by the Company. Upon expiry of such period, the file will be deleted and the Company shall not entertain any requests for retrieving such file or provision of Services in respect thereof.

  • The Company shall follow the process set out below in the course of performing its Services:

    • The document will be made accessible as per the techniques under the Web Content Accessibility Guideline 2.0.

    • The Company will write the alternate text for the images in the document.

    • The Company will test the accessible documents with a screen reader tester to ensure that the document meets the accessibility standard and guidelines.

    • The Company will change the name of the document and append ‘accessible’ as a prefix to the filename.

    • The Company will, at all times, only make the documents accessible and the contents of the document will not be altered or changed in any manner whatsoever.

  • On receiving the delivery of the accessible document, the User and/or the Sub-users should check the accuracy of the accessibility and can make a request for a modification, if required, as per the terms set out below.

 

Subscriptions & Credits

  • Users can make payments either through Paypal, Debit Card or Credit Card.

  • All Users registered on the Site shall be construed as Users under the Pay-as-you-go subscription unless they choose to buy a Monthly Subscription

  • Pay-as-you-go Users shall have the option of either paying when they upload a document, or buying Credits of pages in advance, to be utilized at a later date, as may be communicated by the Company.

  • Credit of pages will be displayed in the ‘Number of Pages Available’ option in the User’s Site account.

  • Users requiring larger volumes can either buy the Monthly Subscriptions on the Pricing Page, or email us at This email address is being protected from spambots. You need JavaScript enabled to view it. for a quote on volume pricing for availing Services for more than 1000 pages.

  • In Monthly Subscriptions, a User shall be allowed to modify the Monthly Subscription package, but the modification in such package shall apply only from the next renewal date.

  • In Monthly Subscriptions, if a User renews the subscription for the succeeding month, the unused balance pages of the subscription shall be added to the succeeding month’s ‘available number of pages’. If the User does not renew the Monthly Subscription, then the unused balance pages shall stand forfeited.

  • If a User cancels the Monthly Subscription, the balance pages shall be forfeited.

  • For Monthly Subscriptions, the Company shall notify the User at least 7 days prior to the renewal date of the Monthly Subscription.

  • Users shall be informed via email sent by the Company when an account reaches a low balance.

  • Refund policy: Requests for refund of subscription amounts will not be entertained. In the event of an improper/unsuccessful conversion, the Users shall be entitled to a Credit of the number of pages contained in such improper/unsuccessful conversion.

  • To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, we do not collect credit information; but allow our payment vendors to collect information for the purpose of collecting payments from the Users. Such information provided to the payment vendors shall be subject to the privacy policy applicable to the payment vendor. Please see our Privacy Policy for more information here.

 

Request Modifications

The Company understands that accessibility interpretations can be varied and appreciates the need to work with the Users and/or the Sub-users to meet the required accessibility standards and guidelines. Therefore, the Site provides a ‘request for modification’ option, as follows:

  • If an Order has been delivered/completed, Users or the Sub-users can request a modification within 3 working days of the delivery date (i.e. the date when the Company intimation is sent to the Users or the Sub-users).

  • Request for modifications will be considered by the Company only if it relates to:

    • Alternate text for images or

    • Tag structure of the document.

  • The Company shall carry out only one round of iterative changes without any additional charges

  • All modification requests will be delivered within 2 working days from the date of acceptance of such modification request by the Company.

 

Estimated Date of Delivery

If a document is not ready on the date of delivery due to unforeseen challenges in the document, then the Company reserves the right to notify the User and/or the Sub-users of the revised delivery date.

 

Document Copyright & Ownership

The Company does not verify the ownership or the intellectual property (including copyright) comprised in the document.

 

Cancel a Subscription

A User can cancel a subscription at any time. When a User cancels a subscription, the User will forfeit all available Credit or balance pages.

 

Clarification from User

As far as possible, the Company will meet the accessibility requirements. If s clarifications are required from the User and/or the Sub-users, our team reserves the right to seek clarifications from such User and/or the Sub-users.

Considering the time required to receive a response from the User and/or their Sub-users, the estimated date of delivery of the Services by the Company may change accordingly and the User or Sub-users, will be notified of the new date of delivery.

 

Availability, Errors and Inaccuracies

The Company constantly updates its offerings of products and support services on the Services. The products or support services available on the Services may be mispriced, described inaccurately, contain typographical errors or be unavailable, and we may experience delays in updating information on the Site and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time as we deem fit, without prior notice.

As a result of high internet traffic, transmission problems, system capacity limitations and other problems, you may at times, experience difficulty in accessing the Site or communicating with us through the internet or other electronic or wireless device. Any computer system or other electronic/mobile device used to access the Site can experience unanticipated outages or slowdowns, or have capacity limitations. The Company does not guarantee continuous, uninterrupted or secure access to the Site.

 

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Services may be governed by rules that are separate from these Terms. If you wish to participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion are in conflict with these Terms, the Promotion rules will apply with regard to the Promotions.

 

Links To Third-Party Sites

The Services may contain links to third-party web sites, payment vendors or other services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services or any link contained therein. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage, costs, expenses or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. Use of the links to third-party websites or services and access to such hyperlinked websites are entirely at your own risk. We reserve the right to provide such links as we deem fit, on our Site, for your convenience. However, we shall not be considered to be associated or affiliated in any manner whatsoever with any trade or service marks or logos or any intellectual property right appearing on such third-party websites

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you may visit through the Site.

 

User Conduct

You agree to be bound by the provisions of the ‘User Conduct’ set out below.

You agree to not host, display, upload, modify, publish, transmit, update or share any information on the Site that:

  1. Belongs to another person and to which you do not have any right to;

  2. Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

  3. Harms minors in any way;

  4. Infringes any patent, trademark, copyright or other proprietary rights;

  5. Violates any law for the time being in force;

  6. Impersonates another person;

  7. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

  8. Threatens public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

 

Additionally you agree to abide by the following terms:

  1. You cannot modify, adapt or attempt for an unlawful access of Services or build any other third party service or website that falsely represents the Company.

  2. Verbal, physical, written or other abuse of any customer, employee, member, or officer of the Company may result in immediate account termination including legal action against you.

  3. You will not gain unauthorized access to our Site or Services, or our computer systems or networks connected to our Site, through hacking, password mining or any other means.

  4. You will not otherwise do anything that is not expressly permitted by the Terms.

  5. You will be responsible for safeguarding your password and account information for continued use of the Services. You agree to take sole responsibility for any activities or actions undertaken by using your account. In case of any unauthorized access, please notify the Company in writing immediately. The Company will make best efforts to block your account or the activity of the unauthorized user. The Company will not be liable in any manner for any loss or damage caused to you by result of unauthorized use of your account on the Site.

 

Limitation Of Liability

Any content may be uploaded to and/or downloaded from our Site solely at your own risk and discretion. The Company shall not be liable for any harm whatsoever, caused to your computer system or loss of any data during/resulting from, such uploading and/or downloading of content. It shall be your responsibility to implement appropriate security safeguards (including anti-virus and other security checks) on your computer, laptop, mobile, tablet or any other device connecting you to our Site to satisfy your requirements as to the safety and reliability of the content.

In no event shall the Company, or its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from

  1. your access to or use of or inability to access or use the Services;

  2. any conduct or content of any third party on the Services;

  3. any content obtained from the Services;

  4. unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory,iv. whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

Disclaimer

Your use of our Site and the Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

The Company, its subsidiaries, affiliates, and its licensors do not warrant that:

  1. the Services will function uninterrupted, secure or available at any particular time or location;

  2. any errors or defects will be corrected;

  3. the Services is free of viruses or other harmful components;

  4. the results of using the Services will meet your requirements.

 

Indemnity

You agree to indemnify, hold harmless and defend the Company, its directors, officers, employees and agents from and against any and all claims brought by any third party in relation to (i) your use of the Services and the Site including any content therein; and/or any (ii) breach of the Terms or any other policy published on the Site or communicated to you by the Company from time to time.

 

Force Majeure

The Company shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone/internet interconnection problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes beyond the control of the Company. The Company shall have no responsibility to provide you access to the Services and/or the Site whilst such unforeseen delays or interruptions on account of force majeure subsist.

 

Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States of America, without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the Florida, US courts.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such rights. If any provision of these Terms is held to be invalid or unenforceable by a court of law, the remaining provisions of these Terms shall remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we may have with you, the User regarding the Services.

 

Right of Access

The Company reserves its right to deny or restrict access to the Site to any particular User, or to block access from a particular internet address, at any time, without providing any reasons whatsoever.

You agree that you shall not use any software, device or any other methods to interfere or attempt to interfere with the functioning of the Site, use any robot, spider or other automatic devices or manual processes to copy any page or content within the Site without our prior written permission

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.

 

ADA Compliance Certification Agreement and Terms - Updated 12/01/2017

Global Presence Network ADA Compliance Certification and Guarantee Agreement

Payment of invoice demonstrates agreement with the ADA Compliance Terms.

Please download and print a copy for your records. This agreement has been updated 10/1/2017.

1. Definitions.

As used in the Full Agreement, the following terms shall be as defined below:

 

1.1

 

Access Laws means the Americans with Disabilities Act and any applicable laws of any state, county or municipality relating to accessibility for persons with disabilities to places of public accommodation, any regulations or guidelines promulgated pursuant to those statutes, or any other applicable disability laws, regulations, or legal requirements, including, without limitation, Florida Civil Codes.

Florida The Florida Civil Rights Act of 1992 is intended to “secure freedom” from disability-based discrimination, among other forms of discrimination, for all Floridians. It seeks to protect individuals’ “interest in personal dignity, to make available to the state their full productive capacities, to secure the state against domestic strife and unrest, to preserve the public safety, health, and general welfare, and to promote the interests, rights, and privileges of individuals within the state.” Fla. Stat. Ann. §760.01 (West’s 2009).

The legislature later adopted a separate statute declaring that an individual with a disability is entitled to full and equal accommodations, advantages, facilities, and privileges in all public accommodations. Fla. Stat. Ann. § 413.08(2).

Protected Class: “Individual[s] with a disability” is defined as persons who are deaf, hard-of-hearing, blind, visually impaired, or otherwise physically disabled. Fla. Stat. Ann. § 413.08(1)(b).

Rights: An individual with a disability “is entitled to full and equal accommodations, advantages, facilities, and privileges in all public accommodations.” Fla. Stat. Ann. § 413.08(2).

In almost identical language, the Florida Civil Rights Act, to be liberally construed “according to the fair import of its terms,” states that individuals are entitled to “the full and equal enjoyment of…goods, services, facilities, privileges, advantages, and public accommodations” without regard to disability and other bases of discrimination (race, ethnicity, sex, etc.). Fla. Stat. Ann. § 760.08.

Disability Rights and Public Accommodations: State-by-State Page 9 of 26 Covered Entities: The enumerated public accommodations include: common carriers and public modes of transportation; hotels, motels and other lodgings;4 restaurants and food retailers;5 gas stations; theaters, concert halls, sports arenas and other places of exhibition or entertainment. Fla. Stat. Ann. § § 413.08(1)(c) & 760.02(11).

Source: http://adasoutheast.org/publications/ada/public_accommodations_disability_rights_state-by-state_Final.pdf

1.2

Access Standard means the standard for web accessibility as defined in Section 3.1.

1.3

Client Site means the homepage of (Client Organization Name) Public Site and all pages, content, and services available from the individual client center (Client Organization Name) to which clients/customers are directed after they log-in.

Client Site does not include any website that (Client Organization Name) does not operate or control or any webpage that does not contain the URL  (www.yourdomain.com).

1.4

Public Site means the set of public facing pages that can be accessed by any web user, even if the user does not have a (Client Organization Name) website account. The (www.yourdomain.com) Public Site is designed to provide potential clients with an overview of (Client Organization Name)  product and service offerings. Account-specific and transactional capabilities are in the (Client Organization Name) Client Site.

1.5

Third-Party Content means web content that is not developed or owned by (Client Organization Name) and consultant Global Presence Network.

2. Duration and Scope of ADA Compliance Agreement.

The terms of the ADA Compliance Agreement shall remain in effect for the duration that the client remains current with payments in their consultation maintenance plan with Global Presence Network. See plans here: https://globalpresence.org/plans. Global Presence Network assumes legal responsibility within the limits of this Full Agreement for the ADA Compliance of (Client Organization Name) website: (www.yourdomain.com).

3. Provisions Regarding Accessibility of the Client Site.

3.1 Access Standard.

Except as otherwise provided herein, and pursuant to the time frames specified below, Global Presence Network will use good faith efforts to ensure that  (Client Organization Name) website: (www.yourdomain.com) substantially satisfies Web Content Accessibility Guidelines (WCAG) 2.0, Level A and AA Success Criteria. The Parties recognize that some WCAG 2.0 Level A and AA Success Criteria address features or design elements that may not be used on the (www.yourdomain.com) and in such circumstances compliance with those Success Criteria is not required.

3.2 Accessibility Timeline.

3.2.1 Accessibility Improvements. Global Presence Network will use good faith efforts to meet the Access Standard on the pages of the (Client Organization Name) from the first phase of development and while the website is published and live.

3.2.2 Additional Milestones. Throughout the term of this Agreement, Global Presence Network will make steady progress towards achieving and maintaining WCAG 2.0 Level AA Success Criteria

3.2.3 Timeline Modifications. The Parties recognize that Global Presence Network may encounter unforeseen complications in meeting the accessibility timeline set forth in the timeline phase proposed. Therefore, in the event that Global Presence Network determines that it is necessary to extend any deadline(s) set forth herein for a period of thirty (30) days or less, Global Presence Network shall notify (Client Organization Name) of the new deadline in writing. If Global Presence Network proposes to extend any of those deadlines for a period of more than 30 days, Global Presence Network will provide (Organization Name)l with the new proposed deadline(s), and the reason(s) for the extension in writing, and the Parties will negotiate about the new deadline in good faith. Disputes regarding a requested extension of more than thirty days will be resolved in writing or recorded a phone conversation.

3.3 Third-Party Content.

Global Presence Network only obligations under this Agreement with respect to Third-Party Content are the following:

3.3.1 Testing and Communications with Third Party Vendors. While meeting the timelines set forth in the proposed agreement, Global Presence Network will test Third-Party Content on the (Client Organization Name) Client Site to determine if it meets the Access Standard. Where Global Presence Network finds content that does not satisfy the Access Standard, or where Claimant notifies (Client Organization Name) of such content, within thirty days (Client Organization Name) will request in writing that third parties supplying the web content to (Client Organization Name) bring their content into conformance with the Access Standard. (Client Organization Name) will request a written response within thirty (30) days from its vendors.

3.3.2 If (Client Organization Name) is notified that a third party vendor will not bring its content into conformance with the Access Standard, (Client Organization Name) will use good faith efforts to find an alternative vendor that provides the content that is in compliance with the Access Standard subject to (Client Organization Name) existing contractual obligations to the third party vendor. (Client Organization Name) will not be required to violate any confidentiality or non-disclosure agreements for any purpose with the third party. But, if the third-party does not bring their website into conformance with the Access Standard and (Client Organization Name) continue to provide a link or integration with their website,  (Client Organization Name) shall assume all legal and financial responsibility for non-compliance litigation and not hold Global Presence Network responsible in any way.

3.3.3 New Third Party Content after the Effective Date. If, on or after the Effective Date of going live, (Client Organization Name) issues requests for proposals for development or inclusion of Third-Party Content on the (Client Organization Name) Client Site from Global Presence Network, (Client Organization Name) will include compliance with WCAG 2.0 Level A and AA Success Criteria as a requirement in all such requests for proposals and vendor contracts. (Client Organization Name) will use good faith efforts with the consultation of Global Presence Network to select Third-Party vendors who can meet this criterion in addition to other criteria in the request for proposals and vendor contracts.

3.3.4 Nothing in this Agreement shall preclude (Client Organization Name) from including Third-Party Content on the (www.yourdomain.com) Client Site – even if such content does not satisfy the Access Standard – provided that (Client Organization Name) complies with the terms releasing Global Presence Network of legal and financial responsibility. Global Presence Network will inform in writing of Third Party Content on the (Client Organization Name) Client Site that does not comply with the Access Standard to the extent (Client Organization Name) is aware of such content.

3.3.5 Third Party Discontinuance. Global Presence Network will use good faith efforts to ensure its recommended vendor provides website content in a format that meets the Access Standard. If, despite Global Presence Network good faith efforts its vendor does not provide website content in a format that meets the Access Standard, Global Presence Network will discontinue contracting with vendor immediately.

3.4 CAPTCHAs.

If any Completely Automated Public Turing Test to Tell Computers and Humans Apart or similar visual or textual Turing or reverse-Turing verification test (referred herein as “CAPTCHA”) is used on the (Client Organization Name) Client Site, Global Presence Network will incorporate an alternative security measure that is accessible to and usable by Persons with Visual Impairments. Global Presence Network will test the alternative security measure to ensure that it is accessible to and usable by persons with visual impairments. Such testing will occur as soon as practicable after Global Presence Network determines that a CAPTCHA will be used. Global Presence Network will include a message with any CAPTCHA that is used directing users who cannot access the CAPTCHA to a Global Presence Network contact who can provide assistance.

3.5 Enforcement.

A failure by Global Presence Network to meet its obligations under this Agreement will not constitute a violation of this Agreement unless and until the following procedures are exhausted:

3.5.1 (Client Organization Name) will notify Global Presence Network in writing (the “Notice”) when (Client Organization Name) or a Claimant believes there is any aspect of the (www.yourdomain.com) Client Site that does not substantially satisfy the Access Standard, or when (Organization Name),  Claimant or Counsel has received information regarding such a page or content from someone not a party to this Agreement.

3.5.2 Within thirty (30) days of receiving a Notice under section 3.5.1, Global Presence Network shall respond in writing to the Notice. Within thirty (30) days of (Organization Name), or Claimant’s receipt of Global Presence Network response to the Notice, the Parties will meet by telephone in an attempt to informally resolve the issue.

3.5.3 If the issue remains unresolved after the actions were taken in Section 3.5.2, the dispute shall be handled pursuant to the procedures set forth in Section 9 of this  Agreement. Nothing in this Section precludes the Parties from agreeing to take additional actions to resolve the dispute prior to invoking the procedures set forth in Section 9.

4. Monitoring and Reporting.

4.1 Mutually Agreed Upon Consultant.

As part of the monitoring process of (www.yourdomain.com), (Client Organization Name) hired Global Presence Network as a consultant to assist it in improving the accessibility of the (www.yourdomain.com). Except as provided herein, (Client Organization Name) will maintain an exclusive contract with Global Presence Network as their consultant throughout the term of this Invoice Agreement to assist in implementing a website that meets WCAG 2.0 Level A and AA Success Criteria. If  (Client Organization Name) decides to replace the consultant they shall provide a 30-day notice.

4.2 Status Reports.

Every six months, Global Presence Network will provide (Client Organization Name) with a status report of its (www.yourdomain.com). At the request of either Party, the Parties will meet by telephone within four weeks of receipt of the Status Report to discuss any matters addressed in the report.

4.3 Automated Compliance Tool.

Global Presence Network will use an automated compliance tool to help it assess accessibility issues on the (www.yourdomain.com).

4.4 Claimant Testing.

Global Presence Network will meet with (Client Organization Name) in person or by web meeting to enable Global Presence Network to demonstrate to (Client Organization Name) their experience with portions of the (www.yourdomain.com). Global Presence Network will consider in good faith (Client Organization Name) suggestions provided at these meetings that are consistent with the terms of this ADA Compliance Agreement.

4.5 Customer Feedback.

Global Presence Network will develop or revise as necessary internal procedures to ensure that (1) customer feedback on website accessibility will be routed to appropriate personnel, and (2) Global Presence Network will provide a response to the customer in a timely manner. The Parties recognize that Global Presence Network may encounter unforeseen complications in meeting customer feedback and support tickets despite good faith efforts. Therefore, in the event that Global Presence Network determines that it is necessary to extend the project, or support ticket deadlines for a period of (5) to thirty (30) days, Global Presence Network will notify (Client Organization Name) of the new deadline in writing. Global Presence Network will notify (Organization Name), or/both Claimant in writing when the procedures are in place and will provide a brief summary of the procedures.

5. Client Public Site.

The Parties anticipate that the enhancements made to the (www.yourdomain.com) under this Agreement will also enhance accessibility. When needed parties will meet by telephone to discuss any remaining accessibility issues and plans for remediating those issues.

6. Information.

Global Presence Network will post an Accessibility Information page that will be accessible from the global footer across (www.yourdomain.com). The page will describe the materials and services available to individuals with disabilities. On the Accessibility Information page, Global Presence Network will provide a telephone number and an online method (web form or email address) through which users can notify Global Presence Network about web accessibility concerns.

7. Training of Client’s Personnel.

7.1

Telephone Customer Service: Global Presence Network will ensure that all calls concerning website accessibility will be routed to designated personnel. The designated personnel shall receive the training described in this section (the “Training Program”) no later than (30) days. The Parties recognize that Global Presence Network may encounter unforeseen complications in meeting this deadline despite good faith efforts. Therefore, in the event that Global Presence Network determines that it is necessary to extend this deadline for a period of thirty (30) days, Global Presence Network will notify  (Client Organization Name) of the new deadline in writing. The Training Program will be designed to enable that designated personnel to assist blind and visually impaired customers with using the (www.yourdomain.com). At a minimum, such training will include information about (i) (Client Organization Name) general plan and timetable for making access improvements to the (www.yourdomain.com); (ii) the types of assistive technology used by blind and visually impaired web users; (iii) the fact that many visually impaired computer users rely solely on a keyboard, and do not use a mouse, to navigate a website; and (iv) internal (Client Organization Name) procedures for addressing web accessibility complaints. (Client Organization Name) will work with Global Presence Network in preparing the training, and will provide Customers or Interested Parties with a copy of the training materials as part of its status reports. New designated personnel will receive the training via online live or on-demand within 45 days after their starting date. The training is not included in the standard plans (See: https://globalpresence.org/plans) and will incur the standard per hour fee.

7.2 Web Development Staff:

Global Presence Network will provide accessibility training for all (Client Organization Name) employees responsible for ensuring that the (www.yourdomain.com) meets the Access Standard. Global Presence Network will prepare the training in collaboration with (Client Organization Name) to ensure it meets both external Accessibility compliance standards and (Client Organization Name) internal organization standards.

8. Joint Press Release.

On an agreed upon date, but no later than 12 months after the website has been completed and operating, (Client Organization Name) and Global Presence Network will jointly issue a press release announcing (Client Organization Name) accessibility initiative as described in this Agreement. Global Presence Network will draft the joint press release in collaboration with (Organization Name). If the Parties cannot agree on the language of a joint press release, either Party may issue its own press release provided that it is shared with the other Party at least three business days prior to issuance and provided that the release is consistent with the terms of this Agreement and reflects the Parties’ collaboration. The Parties agree not to issue any press release related to this ADA Compliance Agreement except as described in this Section.

9. Procedures in the Event of Disputes.

9.1 Notice of Non-Compliance.

If a Party believes that the other Party has not complied with any provision of the Full Agreement, that Party shall provide the other Party with a Notice of Noncompliance containing the following information: (i) the alleged act of noncompliance; (ii) a reference to the specific provision(s) of the Agreement or Confidential Addendum that are involved; (iii) a statement of the remedial action sought by the initiating Party; and (iv) a brief statement of the specific facts, circumstances and legal argument supporting the position of the initiating Party.

9.2 Response.

Within forty-five (45) days of receipt of a Notice provided pursuant to Section 9.1, the non-initiating Party shall respond to the initiating Party in writing.

9.3 Meet and Confer.

Within four (4) weeks after the response described in Section 9.2, the Parties shall informally meet and confer and attempt to resolve the issues raised in the Notice.

9.4 Submission to Mediation/Binding Arbitration.

9.4.1 If the matters raised in a Notice of Noncompliance provided pursuant to Section 9.1 are not resolved within forty-five (45) days of the initial meet and confer required by Section 9.3, they shall be submitted to non-binding mediation before a mediator jointly agreed upon by the Parties.

9.4.2 If the dispute is not settled in mediation, it shall be submitted to binding arbitration before a mutually agreed upon arbitrator who will follow expedited rules and procedures as agreed upon by the Parties. The hearing will be held as soon as practicable after the submission to arbitration, and the Parties agree to request a written decision on the matter within sixty (60) days of the last hearing date.

10. Communication to Parties.

 

Any notice or communication required or permitted to be given to the Parties under this Full Agreement shall be given in writing by email and United States mail, addressed as follows:

 

To: (Organization Name)

Organization Mailing Address

Organization Email Address

 

To Global Presence Network:

Jack Hakimian

President,

8362 Pines Blvd. #116

Pembroke Pines, FL 33024

This email address is being protected from spambots. You need JavaScript enabled to view it.

 

11. Modification of this Agreement

11.1

No modification of the Agreement shall be effective unless in writing and signed by authorized representatives of each Party. 

11.2

Modification Based on Change of Law or Regulations: If, after the Effective Date, either Party believes that there is a change in any applicable law or regulation which requires a modification of this Agreement because it imposes a different obligation than provided in this Agreement, the Party shall notify the other Party in writing. The notification will include the way in which the Party contends the Agreement should be modified as a result of the change in law or regulation. The proposed modification will become effective thirty (30) days after such notification unless the other Party objects in writing to the proposed modification. In the event of disagreement between the Parties over the appropriate modifications to this Agreement as contemplated by this Section, the Parties shall meet and confer and shall work together in good faith to resolve the disagreement. Failure to reach an agreement during such meet and confer shall be considered a dispute to be resolved pursuant to the Procedures in the Event of Disputes in Section 9 of this Agreement.

12. No Other Representations.

The Parties to the Full Agreement warrant that they are acting upon their independent judgment and upon the advice of their own counsel and not in reliance upon any warranty or representation, express or implied, of any nature or kind by the other Party, other than the warranties and representations expressly made in this Full ADA Compliance Agreement and Certification.

13. Agreement Has Been Read.

The Full Agreement has been carefully read by each of the Parties or their responsible officers, and its contents are known and understood by each of the Parties. The Full Agreement is signed freely by each Party executing it.

14. Assignment.

No Party to the Full Agreement has heretofore assigned, transferred or granted, or purported to assign, transfer or grant, any of the claims, demands, or cause or causes of action disposed of by the Full Agreement.

15. Binding on Assigns And Successors.

The Full Agreement shall bind any assigns and successors of the Parties who have the right to implement the actions required.

16. Force Majeure.

The performance of Global Presence Network under this Full Agreement shall be excused during the period and to the extent that such performance is rendered impossible, impracticable or unduly burdensome due to acts of God, strikes or lockouts, or unavailability of operable parts, equipment or materials through normal supply sources. If Global Presence Network seeks to invoke this Section, it shall notify  (Client Organization Name) in writing as soon as reasonably possible, specifying the particular action that could not be performed and the specific reason for the non-performance.  (Client Organization Name) and Global Presence Network will thereafter meet and confer regarding an alternative schedule for completion of the action that could not be performed, or an alternative action. Any dispute regarding the applicability of this Section, or any future action to be taken, that remains after the meet and confer session will be handled as a dispute pursuant to Section 9 of this Full Agreement.

 

17. Authority for Execution.

The persons executing the Full Agreement each represent and warrant that he or she has the authority to enter into the Full Agreement, and to resolve the matters set forth in the Full Agreement, on behalf of the Party for whom he or she is executing the Full Agreement, and that no further approval is necessary in order for the Full Agreement to be binding on the Party for whom he or she is executing.

18. Integrated Agreement.

The Full Agreement constitutes the entire agreement relating to the subject matters addressed therein.

19. Rules of Construction.

Each Party has reviewed the Full Agreement, and any rule of construction to the effect that ambiguities are construed against the drafting Party shall not apply in the interpretation or construction of the Full Agreement. Section titles used herein are intended for reference purposes only and are not to be construed as part of the Full Agreement. The Recitals are integral to the construction and interpretation of the Full Agreement and are therefore incorporated into the Full Agreement in their entirety.

21. Payment As Agreement.

Payment of invoice demonstrates agreement with the ADA Compliance Terms. Each Party agrees to the terms of this ADA Compliance Agreement by making and receiving payment. Please print this agreement for your records.

 

PARTIES

 

  • Global Presence Network Signature
  • Client Organization 

Comment Policy

We want you to feel at home when you post a comment on www.globalpresence.org. We want everyone to feel at home posting comments on www.globalpresence.org. We don’t know what your home is like, but we know how we expect people to behave when they visit ours. That’s why we reserve the right to delete comments and ban users as needed to keep the comment threads here civil and substantive.

Our No. 1 house rule is simple: Don’t be mean to others!

Want to be the kind of commenter we’d love to bring home to Thanksgiving dinner? Here’s what we like to see in comments:

  • Weigh in with smart, informed ideas that contribute further to the story.

  • Give us useful, constructive criticism. Spot a typo or an error? Let us know and we will correct it.

  • Demonstrate and share the intelligence, wisdom, and humor we know you possess.

  • Don’t feed the trolls. You wouldn’t dive into a debate with our ill-informed, weird uncle Gary just for the heck of it. And you definitely wouldn’t feed him. (We told you he was weird.) Downvote and flag comments instead.

Although we can’t be everywhere at once, here are some of the kinds of comments we’re going to do our best to curtail:

  • Promoting your own brand, product, or blog. 

  • Impersonating authors or other commenters. 

  • Comments that make it clear you didn’t read the article.

  • Comments that are completely out of left field. S

  • Threats — no matter how vague — against the author or other commenters. 

  • Racism, sexism, classism, you get the drift. 

  • Trolling.

Standard Website and Plan Agreement and Terms - Updated 12/01/2017

1. Introduction

 

Thank You for choosing Global Presence.  All agreements are made solely between the Client, “You” (the party to whom the Company provides services) and “Global Presence”.

 

2. Project Definition

 

These Terms of Business should be read in conjunction with the Project Definition sent to You at the same time (“Project Definition”) which incorporates these Terms of Business.  The Project Definition sets out, amongst other things, the services Global Presence will provide to You (“Works”) and the fees which will be charged (“Fees”).  Additional defined terms are set out in the Project Definition. Global Presence aims to offer a friendly and efficient service and will exercise reasonable skill, care, and diligence in carrying out the Works.

 

These Terms of Business come into force with immediate effect upon Your first instructions or order and these Terms of Business will apply to any current and future instructions or commission that You are kind enough to give Global Presence and to any specific Works referred to in the current or a future Project Definition.

 

These Terms of Business and the Project Definition constitute the entire agreement between Global Presence and You regarding the Works.  Any additional work not specified in the Project Definition must be authorized by a written change order signed by You and Global Presence and may result in changes to Fees and Disbursements.

 

3. Your Brief

 

You, as Global Presence client, represent, undertake and warrant to Global Presence that, to the best of Your knowledge:  (i) any instructions are given and materials supplied by You will be accurate and complete and will not cause Global Presence to infringe the rights (including intellectual property rights) of any third party or the laws or regulations (including data protection legislation) of any country and (ii) You have complied and will comply with the Minimum Client Requirements set out in the Project Definition.

 

Global Presence and You agree to work together to complete the Works in a timely manner. Global Presence agrees to work expeditiously to complete the Works in line with the Timeframe agreed in the Project Proposal emailed to you, however, this Timeframe is dependent on Global Presence being provided with Your continued cooperation in order to approve Works at various stages. Global Presence cannot be held responsible for any loss incurred where You (or any third party instructed by You) have not provided clear and complete instructions within any given time limit and with sufficient notice.

 

If You request changes to the Works Global Presence reserves the right to revise the Project Definition. If the Works are shortened, delayed, canceled or terminated early by You, the final invoice will include the balance of the Fees for providing the Works plus any reasonable costs and disbursements incurred by Global Presence due to Your acts or omissions. For example, You shall be liable for the costs and disbursements incurred by Global Presence for prebooked fieldwork, which is delayed, not used or not fully used.

 

Global Presence recommends that You retain copies and backups of all materials, data or information provided to and from Global Presence.

 

4. Subcontracting

 

Global Presence reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as timely completion. Global Presence shall be the primary obligor in relation to such sub-contractors.

 

Global Presence is only responsible for the quality of the service provided by subcontractors if those subcontractors have been selected and paid for directly by Global Presence. If You designate a specific sub-contractor, then Global Presence shall not be responsible for the accuracy, completeness or quality of the work of that sub-contractor.

 

5. Fees and Disbursements

 

Global Presence Fees are exclusive of tax which must, therefore, be added at the current rate if you're not tax-exempt.  This will be indicated on invoices.  Global Presence Fees are also exclusive of disbursements (including travel), which are therefore charged in addition.  Disbursements include payments made or incurred on Your behalf as well as miscellaneous office expenses such as printing, traveling and out of pocket expenses.  Mileage will be charged in line with IRS guidelines. All expenses must be pre-approved by the client within the agreed upon in the actual and projected budget expenses of the project.

 

Payment of Fees for Works shall be on delivery of the Works. Any Works provided over more than one calendar month will be subject to invoice at the start of each calendar month with the final invoice raised on the delivery of the last works. All invoices shall be due on the invoice date and shall be subject to payment within 14 days.

 

If You dispute, deem incorrect or inaccurate any invoice, contract or agreement Global Presence must be notified, in writing, within 48 hours of receipt. Failure to do so renders any future claim inadmissible.

 

For Global Presence to remain in business, payments must be made promptly. A ten dollar additional fee will be incurred if payment is not received within ten (10) days of the due date. If an amount remains delinquent thirty (30) days after its due date, an additional five percent (5%) interest will be added for each month of delinquency from the date of the invoice. Global Presence reserves the right to suspend work without notice until Final Payment is made. Where debt collection or proceedings prove necessary, You agree to pay all fees and costs incurred by that process.

 

6. Confidentiality and Intellectual Property

 

All information You provide Global Presence will be regarded as confidential to the extent that it is not in the public domain, but You should advise Global Presence if any information is particularly sensitive. Global Presence will not divulge any confidential information obtained from You otherwise than by Your instructions.

 

You unconditionally guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork (including all associated intellectual property) furnished by You (or on Your behalf) to Global Presence for inclusion in the Works are owned by You, or that You have permission from the rightful owner to use each of these elements, and will hold harmless, indemnify, and defend Global Presence and its subcontractors from any claim or suit arising from the use of such elements furnished by You.

 

Intellectual property rights (including but not limited to copyright and database rights) in all Works are owned by Global Presence in the first instance.  All intellectual property rights owned by Global Presence in finished, approved Works created specifically for You will be assigned to You automatically on receipt by Global Presence of the Final Payment of Fees in cleared funds.  All Intellectual property rights in third-party materials are owned by those third parties and will be licensed to You on the terms set out in the Project Definition.

 

Global Presence and its subcontractors retain the right to display Works, graphics and other design elements as examples of their work in their respective portfolios (including online).

 

7. Termination

 

Either party may terminate this engagement upon one month's notice unless in an agreement as invoice or quote states.  The notice must be provided in writing. Global Presence will use its reasonable endeavors to complete any Works in progress and Global Presence will remain entitled to payment for completion of those Works.

 

Either party may terminate this engagement immediately for a material breach by the other which is incapable of remedy or, if capable of remedy, is not remedied within 45 days of notification being given to the defaulting party.

 

Global Presence reserves the right, for good reason and upon reasonable notice, to terminate Global Presence engagement without further liability on Global Presence. This will be confirmed to You in writing if requested. “Good reasons” include if You: do not give Global Presence instructions within a reasonable period; do not pay promptly any request for money on account, or do not pay a bill within the due period.

 

8. Warranties and Liability

 

All conclusions, recommendations, forecasts, reports, letters or other communications, whether oral or written, provided by Global Presence (together, the “Recommendations”) are made in good faith and on the basis of information available to Global Presence at the time whether from You or from information in the public domain and the validity of such Recommendations will depend, amongst other factors, on Your effective cooperation and the quality of the information made available by You. No warranty or representation, express or implied, is given as to the Recommendations provided by Global Presence and You shall be responsible for the proper adaptation of such Recommendations to Your own circumstances.

 

All Recommendations given by Global Presence are for Your use only and are not to be disclosed or reproduced to third parties without the prior written consent of Global Presence.

 

Global Presence shall not be liable for any consequential or indirect loss suffered by You whether such loss arises from a breach of contract or tort or in any other way (including losses arising indirectly or consequentially from Global Presence negligence). Compensation for any direct losses arising under this agreement shall be limited to the value of the current Project Definition.

 

You and Global Presence acknowledge that the Fees payable under these Terms of Business have been determined on the basis of these limitations of liability and reflect the division of risks set out in these Terms of Business and that, accordingly, the division of risk is agreed by the parties to be fair and reasonable in the circumstances.

 

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

 

9. Hourly Rates

 

For the website that require infrequent updates, then an hourly package will suit client needs: $1.25 per minute/10 minute minimum charge. 

If the website requires more frequent updates we recommend the purchase of maintenance package/plan. Our site maintenance package includes the following:

  1. Priority service, i.e., shorter turnaround (1-2 Business Days)
  2. Updating, correcting or creating new HTML web pages as requested.
  3. Image scanning, image optimization and image placement on websites.

Common Maintenance Task Include, but not limited to:

  • Addition of new content, modification of existing content and deletion of old material.
  • Website design upgrades or modifications.
  • Addition of new website features.
  • Adding new products.
  • Adding new extensions.

 

 

See current maintenance rates here: https://globalpresence.org/terms

 

10. Maintenance Roll Over Hours

 

Global Presence will roll over any number of hours that You did not exhaust from your maintenance package into the next month up to 3 months.

For Example:
If you have a Plus Package (5 hours/month) and only use 3 hours in the first month (leaving 2 rollover hours), and only 2 hours in the second month (3 rollover hours), you can add the 5 unused hours to the third month.

 

11. Data Protection

 

Details of the individual to whom these Terms of Business are sent, together (where relevant) with details of other key individuals within Your organization supplied to Global Presence from time to time, will be entered onto Global Presence client database.   Global Presence will use these details primarily to provide You with the Works. In addition, Global Presence may use these details to contact You by post, telephone, e-mail or fax for marketing purposes or to make searches with credit reference agencies.  Global Presence may also disclose these details for these purposes to any agents, associates, advisors or contractors that we agree Global Presence should work with on Your behalf.

 

It is Your responsibility to ensure that the communication of any sensitive or personal data by You or Your agents to Global Presence does not breach the rights of any data subjects and that the use of such data by Global Presence pursuant to the Project Definition does not breach any data protection regulations or legislation.  You hereby indemnify Global Presence in this respect.

 

12. Electronic Communications

 

During the course of this matter, we may wish to communicate electronically with one another. The electronic transmission of information cannot be guaranteed to be secure or error-free, as it will be transmitted over a public network, and such information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or otherwise be adversely affected or unsafe for use.

 

We each agree to use reasonable procedures to check for the most recently known viruses before sending and receiving information electronically, but we each recognize that such procedures cannot be a guarantee that transmissions will be virus-free. We shall each be responsible for protecting our own interests in relation to electronic communications. Neither of us shall be liable to the other on any basis, whether in contract, tort (including negligence) or otherwise, in respect of any damage or loss arising from or in connection with the electronic communication of information between us.

 

13. General

 

A person who is not a party to the agreement between us has no right to enforce any term of the engagement.

 

The rights and remedies available to Global Presence by virtue of these Terms of Business are without prejudice to any other rights or remedies available to Global Presence. Any failure by Global Presence to exercise or delay by Global Presence in exercising a right or remedy provided by these Terms of Business or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies.

 

The contract between us is on the basis of these Terms of Business and is subject to US Law and the exclusive jurisdiction of the US Courts.

 

Global Presence looks forward to working with You.  Your payment of an invoice will amount to an acceptance of these Standard Terms and Conditions.