August 09, 2022
This Terms and Conditions (“Terms and Conditions / Terms”) displayed on the website operating under the name of ‘www.whitecrow.co’ (“Website”), featuring the portals ‘talent.whitecrow.co’ (“Talent Platform”) and ‘hire.whitecrow.co’ (“Talent Marketplace”) (The Talent Platform and the Talent Marketplace shall hereinafter be collectively referred to as “Portals”), are applicable to:
(i) the candidate accessing/signing-up on the portal ‘talent.whitecrow.co’ / Talent Platform, with the intent to seek job opportunities (“Individual Candidate”); or
(ii) the client and/or the designated employees of such client, subscribing to the portal ‘hire.whitecrow.co’ / Talent Marketplace with the intent to search for appropriate talents from across the internet to suit an employer’s job profile requirements (“Subscribing Client”).
(Hereinafter, the Individual Candidate, and the Subscribing Client shall be collectively referred to as “You / Your”);
The Terms displayed on the Website are construed to be in the nature of an agreement between White Crow Research Private Limited (“WhiteCrow / We”) and You. These Terms govern Your access to the database through the Website and the use of WhiteCrow’s (i.e., the Portals) Software and/or Services (defined as below) by You.
BY ACCESSING / SIGNING UP OR SUBSCRIBING TO THE SERVICES PROVIDED BY WHITECROW ON THE WEBSITE / PORTALS, OR ANY CONTENT OR SERVICES PROVIDED ON SUCH SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND ARE AGREEING TO BE BOUND BY THESE TERMS AND THEREBY ENTERING INTO THE AGREEMENT. IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF AN ENTITY, SUCH AS YOUR EMPLOYER OR THE COMPANY YOU WORK FOR, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND, AND DO HEREBY BIND, THAT ENTITY AND ITS AFFILIATES TO THESE TERMS AND IN WHICH CASE THE TERM “YOU / YOUR” AS DEFINED HEREINABOVE SHALL REFER TO AND MEAN SUCH ENTITY AND ITS AFFILIATES.
IN ADDITION, THE SOFTWARE AND SERVICES MAY NOT BE ACCESSED FOR THE EXCLUSIVE PURPOSE OF MONITORING PERFORMANCE OR FUNCTIONALITY OR FOR ANY OTHER BENCHMARKING OR COMPETITIVE PURPOSES.
WHITECROW’S DIRECT COMPETITORS ARE PROHIBITED FROM ACCESSING THE SOFTWARE AND/OR SERVICES PROVIDED BY WHITECROW, EXCEPT WITH WHITECROW’S PRIOR WRITTEN CONSENT.
WHITECROW / WEBSITE RESERVES ITS RIGHT TO PERIODICALLY MODIFY / UPDATE THESE TERMS.
WhiteCrow through the Website and the Portals, provides services pursuant to a “software-as-a-service” (i.e., “SaaS”) delivery model, primarily in the nature of a recruitment market place, under which You use the applicable software components (the “Software”), providing access to database through the Website in addition to providing SaaS services via internet,: (i) on no payment basis by accessing/signing-up on the Talent Platform, in case of an Individual Candidate; or (ii) on a subscription service basis, by entering into and executing a subscription form subscribing to the Services displayed on the Talent Marketplace (“Subscription Form”), in case of the Subscribing Client. Accordingly, during the Term / Subscription Term / Renewal Term / Trial Subscription Term, as the case may be, and subject to the compliance to the provisions of the Agreement, WhiteCrow grants You a non-exclusive, non-transferable, limited, time-bounded license (non-sub licensable) to access the database through the Website and use the SaaS services and/or Services (defined as below) via internet. The access to the database through the Website and the SaaS services, may only be used in support of Your professional/business operations.
“The Portals’ AI engine” is a network of knowledge that stores data on jobs, skills, companies, industries, people, places and more. This enables WhiteCrow / Website to provide a platform, in the nature of the Portals, to identify the right talent / job opportunities and to maximize the scope of utilization of the Website. WhiteCrow may also provide a platform to the customers of WhiteCrow and/or ‘www.whitecrowresearch.com’, collectively known as “Customers”, to reach out to the Individual Candidate on the Talent Platform. WhiteCrow’s Services grant access to the database provided on the Portals through the Website which aids in tracking public profiles to identify and locate appropriate talent from across the internet. WhiteCrow’s sourcing involves pairing of proprietary tech with a human touch to engage and acquire talent from over 20 (twenty) channels. Website’s screening algorithms work on self-reported information, including publicly available information, to identify qualified and relevant talent across the Internet. Such identified and qualified talent (“Potential Candidate”), after being shortlisted by the Subscribing Client, is then contacted and invited to sign-up as an Individual Candidate on the Talent Platform to explore the job opportunities proposed by the Subscribing Client. On the Potential Candidate signing-up on the Talent Platform as an Individual Candidate, the Subscribing Client can then connect with such Potential Candidate as stipulated in this Terms. In addition to the same, the Talent Platform also aids and assists the Individual Candidate using the said portal to display their portfolios to seek appropriate and desired job opportunities. You shall select Your desired criteria and a list of options shall be available to You. To further ease the process, the Individual Candidate shall be free to filter the job opportunities and the Subscribing Client shall be free to filter the potential talents, upon gaining access to the database and use of SaaS (“Service(s) / WhiteCrow’s Services”).
The Website is an extension to the services provided on the portal ‘www.whitecrowresearch.com’, having advanced features enhancing the services available to You
The mode of providing the Services on the Portals through the Website:
For the Subscribing Client: The Subscribing Client subscribing to the Services on the Talent Marketplace will primarily access the Website.
You shall not, directly or indirectly, and shall not authorise any person, to the maximum extent permitted by applicable law to (i) decompile, disassemble, reverse engineer or attempt to reconstruct or discover any elements of; (ii) translate, adapt, or modify; (iii) write or develop any program based upon; (iii) sell, sublicense, transfer any rights in, use for the benefit of, or allow access to unauthorised persons to; (iv) transmit unlawful, infringing or harmful data or code to or from; (v) replicate significant portions of WhiteCrow’s / Website’s data; or (vi) otherwise use except as expressly permitted hereunder, in each case of (i) to (vi), the WhiteCrow’s Services (including all technology constituting or used to provide such Service) or WhiteCrow’s / Website’s data, as applicable.
You will cooperate with WhiteCrow in connection with the performance of the Agreement by making available information as may be reasonably required, and taking such other actions as WhiteCrow may reasonably request. You will also cooperate with WhiteCrow / Website in establishing a password or other procedures for verifying that, only the authorized users will have access to the Services.
WhiteCrow / Website reserves the right to remove Your information (in part) provided on the Website /Portals, to the extent as may be required by the applicable law in certain countries.
Trial Subscription Term:
If the client intending to subscribe to the Services on the Talent Marketplace has selected a demonstration subscription/trial subscription/any similar subscription, then, during the Trial Subscription Term (defined as below), WhiteCrow’s Services will be provided to such client on a trial basis which shall be free of cost. After the expiration of the Trial Subscription Term, unless such client chooses to order a paid subscription to WhiteCrow’s Services on the said marketplace, the client’s access to the Talent Marketplace will automatically terminate, subject to Section 4.1 of these Terms.
LINKS TO OTHER SITES:
The Website and the Portals contains links to third party websites. These links are provided solely for the purpose of Your convenience. WhiteCrow / Website / Portals will provide links to ‘www.whitecrowresearch.com’, which will operate as a ‘helpdesk’ and provide services to You, in any event You encounter issues with respect to: (i) the Services provided on the Website / Portals; or (ii) the terms of the Agreement. WhiteCrow / Website / Portals will also provide links to third party websites including but not limited to ‘WhiteCrow’ group entities (“Sites”). The Sites can also be accessed by You, at Your discretion, to use other services provided on these Sites to aid and help in achieving their desired outcome. The Website and the Portals may also contain links to other websites, with an intent to give access to the landing page of ‘LinkedIn’, ‘Indeed’ etc.
WhiteCrow / Website in no event is engaged in the activity of scrapping of the data from the other websites and is in compliance of any anti-scrapping policies or such similar terms of the other websites. The Services provided by WhiteCrow enables WhiteCrow / Website to grab and drop specific data for a specific instance, pertaining to an Individual Candidate or a Potential Candidate, to ease and assist the Subscribing Client to analyze and identify potential talents and/or desired job opportunities for such talents, as the case may be, from across the internet. The grab and drop feature is provided solely to ease the capture of information for an instance identified by the Subscribing Client / Customers from a particular website and is not provided or intended to be provided for ‘bulk scrapping’ of information by the Subscribing Client / Customers.
WhiteCrow / Website will not be responsible for the content of the Sites or the other websites to which the Website and the Portals provides links to and does not make any representations regarding the content or accuracy of the materials provided on such Sites or the other websites. If You decide to access such Sites or the other websites, You do so at Your own risk.
TERM AND TERMINATION:
The term and termination applicable to You under the Agreement shall be as under:
Upon the end of the Subscription Term, the Agreement with respect to the Subscribing Client may further continue to be in effect on an automatic renewal basis (“Renewal Term”), unless the Subscribing Client or WhiteCrow provides at least 30 (thirty) days prior written notice (before the date of the expiration of the Subscription Term or the Renewal Term) of its desire not to renew. The termination request (notice) under this Section will be given in accordance with Section 12 (Miscellaneous) of these Terms.
WhiteCrow or You i.e., the non-defaulting party may terminate the Agreement upon written notice if the defaulting party breaches any material provision of the Agreement and fails to correct such breach within 7 (seven) working days after receipt of written notice of such breach. In case of the Subscribing Client, the failure to make payment when due shall also constitute a material breach of the Agreement on the part of such Subscribing Client. Unless the payment has been made, WhiteCrow through the Website / Portals reserves the right to suspend such Subscribing Client’s access to the Services, subject to Section 4.1 above: (a) immediately upon termination as stated in Section 4.6(i) below; or (b) in case of auto-renewal of the Services, after 7 (seven) days of such payment has become due and payable.
Notwithstanding anything to the contrary in the Agreement, WhiteCrow through the Website / Portals may impose limitations on usage, and/or temporarily suspend Your access to any portion or all of the Services if WhiteCrow reasonably determines that (i) there is a threat to or attack on any of the Services; or (ii) Your use of the Services abuses, disrupts or poses a security risk to the Services or to any other user of the Services. As stated in Section 4.4, above, WhiteCrow through the Website / Portals may also suspend the Services of the Subscribing Client, upon expiry of 7 (seven) days from the date of the payment becoming due and payable, in case of auto-renewal of the Services.
Upon such suspension of the Services, WhiteCrow shall within 7 (seven) working days analyze and investigate the reasons of suspension as mentioned in this Section. At the end of this period, WhiteCrow will either terminate the Agreement under Section 4.4 above or reinstate the Services to You. WhiteCrow will have no liability for any damages, liabilities, losses (including any loss of data or profits), or any other consequences that You may incur as a result of such suspension of the Services.
Effect of Termination:
Subject to Section 4.1 above, upon the expiration of the Subscription Term / Renewal Term / Term / Trial Subscription Term, as the case may be, or pre-determination of the Agreement for any reason: (i) Your right to access and use the Services on the Website will automatically terminate; (ii) the profile of the Individual Candidate shall be deleted from the Website / Talent Platform within a reasonable time period; (iii) all outstanding payment obligations of the Subscribing Client will become due and payable immediately; and (iv) immediately upon expiration or pre-determination, WhiteCrow / Website will have no further obligation to store or permit retrieval of: (a) the data shared with the Subscribing Client in accordance with Section 2 (Automated Processing) of these Terms; and (b) Your data as retained and collected during the Subscription Term / Renewal Term / Term / Trial Subscription Term, as the case may be. However, WhiteCrow / Website will within 7 (seven) working days of the expiration or pre-determination, provide to the Subscribing Client, with a copy of the information shared directly by the Subscribing Client with WhiteCrow / Website, while WhiteCrow / Website will have the right to retain its data sourced from the Services provided on the Website/ Portals, for perpetuity.
PAYMENT AND PAYMENT TERMS FOR THE SUBSCRIBING CANDIDATE:
The Subscribing Client will pay WhiteCrow through the Website, the applicable fees subject to the duration of the subscription as stated in Section 4.1(b), above, for the Subscription Term as described on the Talent Marketplace, in accordance with the terms of the Agreement. WhiteCrow through the Website/ Talent Marketplace, reserves the right to revise / modify the fees payable by the Subscribing Client (mentioned on the said marketplace) for the applicable Subscription Term and/or Renewal Term.
All fees will be invoiced upon the effective date, i.e., the date as reflected on the Subscription Form. No part-payment of the fees shall be entertained. The payment of the fees shall be made immediately upon receipt of the invoice.
WhiteCrow through the Website/ Talent Marketplace, reserves the right to charge the Subscribing Client a ‘late fee’ for any payments received later than 7 (seven) days from the date of the invoice.
Any dispute with respect to the invoice raised will be communicated to WhiteCrow not later than 7 (seven) days upon the receipt of such invoice, in the manner as stipulated in Section 12 (Miscellaneous) of these Terms.
In the event the Subscribing Client fails to make payment against the invoice and upon expiry of 7 (seven) days from the date of such invoice, in case of auto-renewal, WhiteCrow through the Website / Portals reserves the right to suspend the Subscribing Client’s access to the Services.
Any amount payable hereunder are exclusive of all the applicable taxes and the Subscribing Client shall be responsible for payment of all the applicable taxes. Subscribing Client based in India shall be provided invoices in compliance with applicable laws to include Goods and Services Tax (GST) or any other similar tax as may be applicable at the time of subscribing the Services. Any additional tax liability arising on account of introduction of GST (whether on account of increase in rate or any change brought in by the new tax regime) would be recovered over and above the subscription amount/service fees or any other price as agreed under the Agreement. WhiteCrow through the Website, shall be paid all dues in full and shall not be responsible for any other applicable taxes in the Subscribing Client’s jurisdiction and / or withholding on payments due to it.
Except as expressly set forth in the Agreement, all fees is non-refundable and cannot be cancelled.
REPRESENTATION OF THE CANDIDATES:
During the subsistence of the Term, the Individual Candidate, represents and covenants the following:
During the subsistence of the Subscription Term / Renewal Term, including a Trial Subscription Term, as the case may be, the Subscribing Client represents and covenants the following:
REPRESENTATION OF WHITECROW:
During the subsistence of the Term / Subscription Term / Renewal Term, as the case may be, WhiteCrow represents and covenants the following:
WARRANTY, DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:
If You fail to notify such breach within the stipulated time as mentioned in Section 8.1, above, no liability will rest on WhiteCrow for rectification of such breach.
WHITECROW MAKES NO OTHER WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, AND WHITECROW EXPLICITLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, LOSS OF DATA, ACCURACY OF RESULTS, OR ARISING FROM COURSE OF DEALING OR RELIANCE. WE EXPRESSLY DO NOT WARRANT THAT THE SERVICES OR UNDERLYING SOFTWARE, IN WHOLE OR IN PART, WILL BE ERROR FREE OR WILL OPERATE ABSOLUTELY WITHOUT INTERRUPTION.
DISCLAIMER: LIMITATION OF LIABILITY
IN NO EVENT WILL WHITECROW BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, TREBLE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, DATA OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR RELATING TO THE AGREEMENT, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, WHETHER BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE OTHER PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHITECROW’S TOTAL LIABILITY (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO THE AGREEMENT WILL NOT EXCEED: (i) THE AMOUNT PAID BY THE SUBSCRIBING CLIENT UNDER THE AGREEMENT DURING THE 12 (TWELVE) MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE OR (ii) 1.5 TIMES OF THE SUBSCRIPTION AMOUNT PAID, WHICHEVER IS LESS OR (iii) IN CASE OF THE INDIVIDUAL CANDIDATE INR 7,000/- (INDIAN RUPEES SEVEN THOUSAND ONLY). THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED OR EXCLUSIVE REMEDY.
Indemnity on behalf of the Candidates:
You will defend, indemnify, hold WhiteCrow, its affiliates, and their respective agents, employees, officers and directors harmless from and against any direct or indirect loss, damage, cost and expenses arising from or in connection with: (i) any use of the Services in a manner contrary to or in violation of the Agreement or contrary to the applicable laws, (ii) misrepresentation, negligence or misconduct, (iii) any claim that Your data or other materials infringe any rights of any third party, or (iv) for any breach of the representation and covenants on Your behalf as stipulated in these Terms.
Indemnity on behalf of WhiteCrow:
Subject to Section 8.4, above, WhiteCrow shall (i) defend, or at its option settle, any claim brought against You by a third party to the extent it alleges that Your use of the WhiteCrow’s Service as authorized in the Agreement constitutes a direct infringement of the trade secret of any third party, and (ii) pay, subject to the limitations set forth in Section 8.4, above, damages awarded in a final judgment, (or amounts agreed in a monetary settlement), in any such claim defended by WhiteCrow. WhiteCrow shall not be liable to indemnify You for any claim, in the event You notified WhiteCrow of such claim, after the expiry of 60 (sixty) days from the end of the Term / Subscription Term / Renewal Term, as the case may be.
Notice of Claim:
The indemnified party pursuant to this Section, must: (i) promptly notify the indemnifying party in writing of all indemnifiable claims; (ii) provide the indemnifying party with reasonable assistance to settle or defend such claims, at the indemnifying party’s own expense; and (iii) grant to the indemnifying party the right to control the defense and/or settlement of such claims, at the indemnifying party’s own expense; provided, however, that: (1) the failure to so notify, and/or provide assistance will only relieve the indemnifying party of its obligation to the indemnified party to the extent that the indemnifying party is prejudiced thereby; (2) the indemnifying party will not, without the indemnified party’s consent (such consent not to be unreasonably withheld or delayed), agree to any settlement that: (x) makes any admission of wrongdoing on behalf of the indemnified party; or (y) consents to any injunction against the indemnified party (except an injunction relating solely to the indemnified party’s continued use of any infringing Service); and (3) subject to the foregoing, the indemnified party will have the right, at its expense, to participate in any indemnifiable claim and to be represented by legal counsel of its choosing, but will have no right to settle a claim without the indemnifying party’s written consent.
Neither party may assign the Agreement nor any of its rights or obligations under the Agreement without the prior written consent of the other party, except that WhiteCrow may assign the Agreement to its affiliates or any third parties without Your written consent as part of a corporate reorganization, upon a change of control, consolidation, merger, reincorporation, sale of all or substantially all of its assets related to the Agreement or pursuant to any other transaction or series of transactions.
Except for the Subscribing Client’s obligation to make the payment as stipulated in Section 5 (Payment And Payment Terms For The Subscribing Client), neither party will be liable for any failure or delay in its performance under the Agreement due to any cause beyond its reasonable control, including without limitation an act of war, terrorism, act of god, epidemic / pandemic, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act/order or failure of the internet, failure on the part of the internet service provider or delays, and denial of service attacks or interruptions or power outages (“Force Majeure”). The delayed party shall give the other party notice of such cause.
Access and use of the Services on the Website / Portals may not be legal for certain persons or in certain countries. If You are accessing the Website / Portals from outside of India, You are doing so at its own risk and are responsible for compliance with the laws of Your jurisdiction. The Agreement is governed and interpreted by and construed in accordance with the substantive laws of India and subject to Section 12.4 below, all disputes arising out of or related to the Agreement will be subject to the exclusive jurisdiction of the courts of Mumbai.
You agree that neither You, nor any of Your respective officers, employees, agents, representatives, contractors, intermediaries or any other person or entity acting on Your behalf have taken, been offered, or will take any action, directly or indirectly, in violation of the U.S. Foreign Corrupt Practices Act of 1977, as amended, or any other applicable anti-corruption or anti-bribery laws, in connection with these Terms and the Services provided hereunder, including without limitation to any illegal or improper bribe, kickback, payment, gift, or thing of value from any of WhiteCrow’s employees or agents. If You learn of any violation of the above restriction, You will use reasonable efforts to promptly notify WhiteCrow as stipulated under this Section.
Compliance with laws:
The access to the database and Services and Software or components of the Services which WhiteCrow may provide through the Website/Portals or make available to You may be subject to U.S. (or other territories) export control and economic sanctions laws, rules and regulations, including without limitation the regulations promulgated by the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) and the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) (collectively, “Export Control Laws”). You agree to comply with the Export Control Laws as they relate to access to the database and use of the Services, Software and such other components by You. You shall not access or use the Services if You are located in or incorporated in any jurisdiction in which the provision of the Services, Software or other components is prohibited under U.S. or other applicable laws or regulations, including without limitation a country or territory that is subject to comprehensive U.S. trade sanctions (including Crimea, Cuba, Iran, North Korea, and Syria) (a “Prohibited Jurisdiction”) and You shall not provide access to the Services to any government, entity or individual located in any Prohibited Jurisdiction. You represent, warrant and covenant that (i) You are not named on, or owned or controlled by any party named on, any U.S. government (or other government) list of persons or entities prohibited from receiving U.S. exports, or transacting with any U.S. person; (ii) You are not a national of, located in, or a company registered in, any Prohibited Jurisdiction; (iii) no service data created or submitted by You is subject to any restriction on disclosure, transfer, download, export or re-export under the Export Control Laws; and (iv) You shall comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which You are located. You further agree that You will not use the Services to disclose, transfer, download, export or re-export, directly or indirectly, any service data to any country, entity or other party which is ineligible to receive such items under the Export Control Laws or under other laws or regulations to which You may be subject. You acknowledge that the access to the database and Services and other Software may not be available in all jurisdictions and that You are solely responsible for complying with the Export Control Laws.
If the Subscribing Client is a U.S. federal government department or agency or contracting on behalf of such department or agency, this Services(s) is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101, consisting of ‘Commercial Computer Software’ and ‘Commercial Computer Software Documentation’ as those terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Services is licensed to the Subscribing Client with only those rights as provided under the terms and conditions of these Terms.
Waiver of any term of the Agreement or forbearance to enforce any term by either party shall not constitute a waiver as to any subsequent breach or failure of the same term or a waiver of any other term of the Agreement.
The Agreement is the sole agreement of the parties concerning the subject matter hereof, and it supersedes all prior oral or written understandings, communications or agreements between the parties.
No amendment to or modification of the Agreement, in whole or in part, will be valid or binding unless it is in writing and executed by both parties.
Any provision found to be unlawful, unenforceable or void shall be severed from the remainder of the Agreement, and the Agreement will continue in full force and effect without the said provision.
By clicking “I Agree” You shall be bound by the terms of the Agreement and the Agreement shall be deemed to be executed / accepted.
In the event You have any questions or are willing to resister a complaint with respect to the Services provided on the Website / Portals, You shall not hesitate to contact WhiteCrow’s team:
Any required notice shall be given in writing by customary means with receipt confirmed at the address of each party as mentioned in this Section. The notices will be sent by registered post/recognized courier services and/or via email. Notices will be deemed to have been given at the time of actual delivery in person, or on the date of the receipt of the delivery in case of registered post/courier service.
Independent Contractor Relationship:
The relationship between the parties shall be that of independent contractors.
Sections 4 (Term and Termination), 5 (Payment And Payment Terms For The Subscribing Client), 6 (Your Representation), 8 (Warranty, Disclaimer Of Warranty And Limitation Of Liability), 9 (Confidentiality), 10 (Intellectual Property), 11 (Indemnification) and 12 (Miscellaneous), shall survive the termination of the Agreement.