Please read these Terms and Conditions carefully. All contracts that e-DMCA may enter into from time to time for the provision of it’s services shall be governed by these Terms and Conditions, and e-DMCA assume that the client has read and understood these Terms and Conditions when placing an order for DMCA services.
1.1 Except to the extent expressly provided otherwise, in these Terms and Conditions:
“Charges” means the following amounts:
(a) $69 is charged per DMCA Takedown Notice
“Client” means the person or entity requesting the services of e-DMCA;
“Client Materials” means all works and materials supplied by or on behalf of the Client to the Consultant for incorporation into the Deliverables or for some other use in connection with the Services;
“Consultant” is an agent working directly for e-DMCA as a case handler;
“Contract” means a particular contract made under these Terms and Conditions between the Consultant and the Client;
“Deliverables” means Work that the Consultant has agreed to deliver to the Client under these Terms and Conditions;
“Effective Date” means the date of execution of a Statement of Work incorporating these Terms and Conditions;
“Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these “intellectual property rights” include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
“Services” means the consultancy legal services specified;
“Statement of Work” means a written statement of work agreed by or on behalf of each of the parties;
“Term” means the term of the Contract, commencing in accordance with Clause 3.1 and ending in accordance with Clause 3.2;
“Terms and Conditions” means all the documentation containing the provisions of the Contract, namely the main body of these Terms and Conditions and the Statement of Work, including any amendments to that documentation from time to time; and
“Third Party Materials” means the works and/or materials comprised in the Deliverables (excluding the Client Materials), the Intellectual Property Rights in which are owned by a third party[, and which are specified in Section 4 of the Statement of Work or which the parties agree in writing shall be incorporated into the Deliverables].
3.1 The Contract shall come into force upon the Effective Date.
3.2 The Contract shall continue in force until:
(a) all the Services have been completed;
(b) all the Deliverables have been delivered; and
(c) all the Charges have been paid in cleared funds,
(d) or when the Consultant deems it necessary to stop
upon which it will terminate automatically], subject to termination in accordance with Clause 11.
3.3 Unless the parties expressly agree otherwise in writing, each Statement of Work shall create a distinct contract under these Terms and Conditions.
4.1 The Consultant shall provide the Services to the Client in accordance with these Terms and Conditions.
4.2 The Consultant shall provide the Services in accordance with the standards of skill and care reasonably expected from a leading service provider in the legal industry.
5.1 The Consultant shall deliver the Deliverables to the Client.
5.2 The Client must promptly, following receipt of a written request from the Consultant to do so, provide written feedback to the Consultant concerning the Consultant’s proposals, plans, designs and/or preparatory materials relating to the Deliverables and made available to the Client with that written request.
5.3 The Consultant shall ensure that the Deliverables are delivered to the Client in accordance with the timetable set out in Section 5 of the Statement of Work.
5.4 The Consultant warrants to the Client that:
(a) the Deliverables will conform with the requirements of Section 4 of the Statement of Work as at the date of delivery of the Deliverables;
(b) the Deliverables when used by the Client in accordance with these Terms and Conditions will not infringe the Intellectual Property Rights of any person and will not breach the provisions of any law, statute or regulation in any jurisdiction and under any applicable law.
7.1 The Client shall pay the Charges to the Consultant in accordance with these Terms and Conditions.
8.1 Payment of the Takedown Notice must be made before a Consultant will start to work on the case.
9.1 The Consultant warrants to the Client that:
(a) the Consultant has the legal right and authority to enter into the Contract and to perform its obligations under these Terms and Conditions;
(b) the Consultant will comply with all applicable legal and regulatory requirements applying to the exercise of the Consultant’s rights and the fulfilment of the Consultant’s obligations under these Terms and Conditions; and
(c) the Consultant has or has access to all necessary know-how, expertise and experience to perform its obligations under these Terms and Conditions.
9.2 The Client warrants to the Consultant that it has the legal right and authority to enter into the Contract and to perform its obligations under these Terms and Conditions.
9.3 All of the parties’ warranties and representations in respect of the subject matter of the Contract are expressly set out in these Terms and Conditions and the applicable Statement of Work. Subject to Clause 10.1, no other warranties or representations will be implied into the Contract and no other warranties or representations relating to the subject matter of the Contract will be implied into any other contract.
- Limitations and exclusions of liability
10.1 Nothing in these Terms and Conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
10.2 The limitations and exclusions of liability set out in this Clause 10 and elsewhere in these Terms and Conditions:
(a) are subject to Clause 10.1; and
(b) govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.
11.1 Either party may terminate the Contract by giving to the other party not less than 30 days written notice of termination.
12. Money Back Guarantee
12.1 If we have been unable to service a client’s wishes, or unable to remove content from the Internet, the client will be entitled to a 30-day no fuss money back guarantee. If within 30 days of order, and there has been no reasonable success, e-DMCA will refund the Client’s fee. Customers must request this, with requests for such being sent to the Client’s allocated Consultant.