This agreement describes the legal rights and obligations between you (hereinafter referred to as “Business Partner”) and Live Interactive S.A., owner of PHONEACCESS ™ Business Center. By pressing the button “I Accept” that appears at the bottom of the present agreement, the Business Partner accepts and states expressly that he/she has thoroughly read and understood the terms and conditions herein described and that accordingly accepts to be bound by the following terms and conditions, provided his/her application form is accepted: 1. CORPORATE PURPOSES PHONEACCESS™ Business Center offers the Business Partner a service that provides solutions for the resale of international dialers supported by MODEM, ADSL/Cable/LAN/WebTV and Credit Card. The service enables the Business Partner to offer customers, by means of an IFRAME placed on their Web sites (which will be connected to the PHONEACCESS ™ Business Center systems), to choose among different payment methods (MODEM and ADSL, Cable, LAN, WEB Tv, Credit Card) in order to access contents in Internet. The service includes access to a comprehensive and exclusive customized automated management system. 2. FEE The price of the service offered by PHONEACCESS ™ Business Center will be that of the fee agreed upon with each Business Partner for the different payment methods, in accordance with the base fee in force. The price will be paid in due form and within the term agreed upon with each Business Partner. In all cases, the agreed fee, form and term of payment will be considered part of this contract. 3. TERM The present terms and conditions will come into effect for an indefinite period of time the moment the application form provided by the Business Partner is accepted by PHONEACCESS™ Business Center. Anyone of the parties shall terminate the present agreement immediately and without cause by giving the other party written (e-mail, fax, post, etc.) notice thereof. 4. LEGITIMATE USES The Business Partner commits to make legitimate use of the services offered by the company, accepting exclusive responsibility for any unlawful or different use than that provided in this contract. In the understanding that PHONEACCESS™ Business Center cannot and is not intended to control the information or contents offered to Internet surfers, the Business Partner agrees to ensure Internet end users are informed about: a) the non-free nature of the contents or services they will enter; b) the total amount the final user will have to pay, including taxes and c) depending on each case, the sexually-explicit nature of the content provided, and the access restriction for users under the legal age. The Business Partner agrees to abide by the laws, by-laws and codes of conduct - applicable in each country, area or region from where the contents are accessed- governing the form the contents are shown to Internet end users and assumes full responsibility thereof. The Business Partner undertakes not to promote or allow his customers to promote the services using promotion methods that could be somehow considered immoral or illegal, in accordance with any of the applicable provisions. 5. LIABILITY The Business Partner understands and acknowledges he/she will use the service at his/her own responsibility and/or risk, and that in no event shall PHONEACCESS ™ Business Center be liable for the actions performed by the Business Partner nor shall it be responsible before third parties. In this sense, the Business Partner shall be solely liable for the direct or indirect material or incorporeal damages and injuries caused to third parties arising from the use of his/her service, and will assume personal liability for any litigation arising thereof, even in the case where the liability of PHONEACCESS ™ Business Center may be at stake. PHONEACCESS ™ Business Center will not be responsible before the Business Partner nor any third party due to the impossibility of accessing the service, loss or removal of information as well as the impossibility of the partial or complete retrieval of such information. Furthermore, it shall not be liable for the interruption of the service arising from maintenance, upgrading and/or updating, etc. In accordance with the statements set forth hereto, the Business Partner gives up his/her right to claim compensation from PHONEACCESS ™ Business Center and shall hold it harmless from any claims by third parties. 6. PERSONAL DETAILS The Business Center authorizes that all the information he/she provides be included in a PHONEACCESS™ Business Center database along with its processing so as to fulfill the provisions set forth in this contract and carry out the corresponding billings, as well as for their use in the company’s internal commercial promotions and the delivery of information pertaining to the objectives of this contract. At any time the Business Center shall request the company to stop sending him/her information. The profiled information provided by the Business Partner shall not be divulged to third parties, except upon court order or formal accusation or well-grounded suspicions on the part of PHONEACCESS™ Business Center that the Business Partner has made use of the service in order to commit a crime. In such cases, the company shall divulge the information without liability for damages of any sort. 7. NON-USE OF TRADEMARK In no case does PHONEACCESS™ Business Center grant use or license of its intellectual or industrial property to the Business Partner. Since PHONEACCESS ™ Business Center provides the services described in section 1 only, the Business Partner is not allowed to: a) use, make reference to or let know, in no means of communication whatsoever, directly or indirectly, to his/her customers or third parties, the name, trademark or logos regarding PHONEACCESS ™ Business Center; b) perform any activity that undermines or prejudices PHONEACCESS ™ reputation and good name. 8. CONFIDENTIALITY Both parties hereto shall keep confidential any information received from the other by virtue of this agreement. For the purpose of this agreement, confidential information shall exclusively mean that pertaining to the business both parties carry out as set forth herein, including the trade secrets, know-how, all methods and documents of any two parties designated or labelled as confidential or of confidential nature and which are transmitted between the parties within the framework of this agreement, being the agreement itself confidential as well. Accordingly, the aforesaid information shall not be divulged nor made available to third parties without prior written authorization from the other party, except upon request from a law court or supervising legal authority. Furthermore, both parties shall take all the necessary precautions in order to safeguard the other's confidential information in the same manner as they safeguard their own valuable confidential information. 9. ELIGIBILITY The Business Partner agrees and warrants he/she can form legally binding contracts or that he/she is duly authorized to do so, all of which shall be proved upon submission of written documentation if deemed necessary. The Business Partner further states he/she meets all the administrative requisites required by law according to the activity he/she carries out. 10. REJECTION OF APPLICATION The Business Partner acknowledges that accepting the terms and conditions set forth herein does not grant him/her any right whatsoever until his/her application form- which PHONEACCESS ™ Business Center will assess in good faith and shall have the right in its sole discretion to reject- is accepted by PHONEACCESS ™ Business Center. 11. MODIFICATIONS PHONEACCESS ™ Business Center reserves the right to modify in part or in whole the terms and conditions of the service by posting the said changes on its web site or notification via e-mail at the address the Business Partner provided in the application form. The changes shall be notified 24 hours in advance. If any modification is unacceptable to the Business Partner, his/her sole recourse is to terminate this agreement. Continued participation in the service following posting of a change notice will constitute binding acceptance of the change. 12. SUSPENSION OF PAYMENTS PHONEACCESS ™ Business Center shall be able to suspend payments due to the Business Partner in the event there is accusation or well-grounded suspicions of fraudulent or illegal use on the part of the Business Partner for the time necessary to clarify such fraud or suspicion. Should there not be fraud or suspect activity, all payments due and owed shall be made without accrued interest of any sort. The sums due upon termination of this agreement shall be withheld for any reason until PHONEACCESS ™ Business Center makes all necessary adjustments in connection with final payment of the sums owed. 13. DEDUCTIONS The Partner expressly agrees that PHONEACCESS™ Business Center shall be able to deduct any unpaid transaction fee correspondent to his/her websites from the amount of future payments. 14. JURISDICTION AND GOVERNING LAW The parties expressly agree that all the laws applicable in this agreement shall be those in force in the Republic of Uruguay. The parties expressly agree -hereby relinquishing any other jurisdiction or forum- the courts of the city of Montevideo, Uruguay shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to these Terms and Conditions.
I am over the age of 18 and I accept the Terms & Conditions.