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Terms of Use

TERMS OF USE

Effective date:  3rd day of October 2022

 

The REMOTECA website, is owned and operated by REMOTECA LIMITED., carrying on its business activities in the United Kingdom. These Terms of Use govern your use of this REMOTECA website services. 

 

1. YOUR ACCEPTANCE OF THESE TERMS OF USE

These Terms of Use hereinafter referred to as “TOU” constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and REMOTECA LIMITED, (“REMOTECA, we,” “us” or “our”), concerning your access to and use of www.remoteca.co.uk and any other media form, media channel, related, linked, or otherwise connected thereto (collectively, “the website or site” or REMOTECA”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these TOU Use. IF YOU DO NOT AGREE WITH ALL OF THESE TOU, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY. 

 

Supplemental TOU or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these TOU at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these TOU and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these TOU to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised TOU by your continued use of the Site after the date such revised Terms are posted. 

 

2. YOUR ACCEPTANCE OF OUR PRIVACY POLICY

By agreeing to these TOU, you agree to the terms of our Privacy policy which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.

 

3. YOUR CONSENT TO OTHER AGREEMENTS

When you intend to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these TOU, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the “click-through agreement.”

 

4. ABOUT REMOTECA SERVICES

REMOTECA LTD, is a limited liability company carrying on its business activities in the United Kingdom. We are dynamic talent providers for Interim Accounting Recruitment, Audit Resources, Remote Chartered Accountant, Interim Financial Controller, Project Accountant, and Corporate Finance Expert. Our goal is to provide an experience that is tailored to your company's needs. No matter the budget, we pride ourselves on providing professional customer service. We don't offer part-time resources. This guarantees the availability of your remote resource and prevents the client frustration that often occurs in outsourced engagements. We leverage the fact that our resources are based in South Africa where costs tend to be lower than other locations globally (notably the US and Europe), we can maintain this level without compromising excellence.

 

Our services are but not limited to the following;

  • Finance Project Management;

  • Interim Financial Controllership;

  • Corporate Finance Experts;

  • External Audit Placements, and;

  • Client-Side Audit Management or Review.

 

For offline based engagement a separately signed terms and conditions as well as an assignment schedule will overrule the online terms of service.

For our web app services these terms and service apply.

We have built the website's services to be easy to use. When you register as a client on the site, we expect you to post a job request on the platform so that we can match you with contractors who can offer the services you require. Contractors will have to post their CVs and personal information on the website. Clients and contractors can make payments for partnered services outside of the website. We urge registered platform clients to do due diligence on any hired contractor from the platform. Because REMOTECA only offers the platform and contractors are not REMOTECA employees, we will not be liable to you for any loss or damages caused if you choose to use the services of a contractor on the REMOTECA platform.

 

5. ACCOUNT.  

To use and enjoy the services we provide, we require you to register an account with us, you can register as a client looking for services or as a contractor ready to provide services. Your Account is for your individual personal use only, and you may not authorize others to use your Account for any purpose. In creating your Account, you certify that all information you provide is complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person’s account without permission. You are responsible for maintaining the confidentiality of, and restricting access to your Account and password, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree to contact our customer service department immediately of any breach of security or unauthorized use of your Account or any violation of these Terms by others of which you are aware. You agree that we shall have no liability for any losses, damages, liabilities or expenses you may incur due to any unauthorized use of your Account, and you agree to indemnify us and hold us harmless for any such unauthorized use. We reserve the right to create accounts for quality control and administrative purposes. Such accounts may be publicly viewable.

 

6. USER CONDUCT

 

  • You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites. 

  • You agree that you will abide by these Terms and will not: Engage in any harassing, threatening, intimidating, predatory or stalking conduct; 

  • You agree that you will not use or attempt to use another user’s account without authorization from such user and REMOTECA.

  • You agree that you will not use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner;

  • You agree that you will not do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites; 

  • You agree that you will not attempt to circumvent any content-filtering techniques we employ.

  • You agree that you will not access any feature or area of the Sites that you are not authorized to access.

  • You agree that you will not develop any third-party applications that interact with the Sites without our prior written consent.

  • You agree not to use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality.

  • You agree that you will not bypass or ignore instructions contained in the robots.txt file, that controls all automated access to the Sites or Use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

 

7. REMOTECA’ INTELLECTUAL PROPERTY

Content For purposes of these Terms, "content" is defined as any information, communications, descriptions, photos, videos, graphics, music, sounds, or other materials that can be viewed by users on our Site and is owned by REMOTECA, our Affiliates or our licensors.

Ownership of Content All content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in these Terms or with REMOTECA’s prior express written consent. Any use of the content other than as permitted by these Terms, or any other unauthorized use of the content may make you liable to REMOTECA or its licensors for violation of intellectual property rights.

Trademarks or service marks of REMOTECA include, but are not limited to, REMOTECA and the REMOTECA logo. All custom graphics, icons, logos and service names are registered or common-law trademarks or service marks of REMOTECA or our Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of REMOTECA, our Affiliates or our licensors.

Site Use REMOTECA grants you a limited, revocable, nonexclusive license to use the content on the Site solely for your own personal purposes only and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You may not use any content from the Site which is not owned by you for commercial use. You agree not to copy the Site or content located on the Site; to reverse engineer or break into the Site; or to use content, products or services in violation of any law. Any use of the Site or the content contained therein other than as specifically authorized in the Agreement, without the prior written permission of REMOTECA, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in the Agreement shall be construed as conferring to you, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. REMOTECA reserves the right, without notice and in its sole discretion, to terminate your license to use the Site at any time and to block or prevent your future access to, and use of, the Site.

No Warranty for Third-Party Infringement Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of other users of the Site or of third parties.

 

8.  YOUR INTELLECTUAL PROPERTY

Your Intellectual Property Rights Subject to our Privacy Policy, any Submissions by you will be treated as non-confidential. While you retain all rights to the Submissions, you grant REMOTECA (including our employees and Affiliates) as well as the users of the Site, a non-exclusive, paid-up, perpetual, non-exclusive and worldwide license to copy, distribute, display, publish, translate, adapt, modify, and otherwise use the Submissions on the Site and to effectuate REMOTECA’s services and business without incurring any liability for royalties or any other consideration of any kind.

Your Content

By creating and publishing User Contents on REMOTECA, you authorize other USERS to access and view (without downloading or copying) your User Content on REMOTECA, for their own lawful and personal use. You also represent, warrant and undertake that for each submission:

 

  • you own, have a valid license to, or otherwise control all rights in and to your User Content;

  • to the extent your User Content includes or utilizes any third-party property, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your User Content;

  • you will not post any content depicting any person under 18-years old,

  • you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submission are within the usage eligibility requirements.

  • your User Content is non-confidential and will be made available to your USERS on the platform.

  • You grant REMOTECA and Our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

 

For clarification: The clause exists so that we may use your content by adding stickers, text, and watermarks, and to make your content available to Users, as well as for other normal operations of our website. We will never sell your content to other platforms.

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

You shall indemnify REMOTECA our licensees, successors, and assigns against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred arising out of or in connection with your User Content.

We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website.

Any questions regarding User Content can be addressed by emailing [Insert email address].  

Copyright Notice We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing REMOTECA content or Submissions, a decision may be made to remove or disable access to such content or Submissions, in compliance with the safe harbour provisions of the Digital Millennium Copyright Act, 17 U.S.C, 512 (c).

If you believe that you or someone else’s copyright has been infringed by content or Submissions provided on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to us at [Insert email address] immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:

 

  • Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;

  • Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holder’s work(s) (for example, file name or URL of the page(s) that contain(s) the material);

  • The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);

  • A statement that the Rights Holder has a good faith belief that the use of the material identified above in Part (ii) is not authorized by the copyright owner, its agent, or the law;

  • A  statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and

  • The Rights Holder’s signature or electronic signature.

 

9. PAYMENTS & COMMISSIONS

REMOTECA charges the licenced professional a fee when there is a successful hire. These charges are used to provide, maintain, and operate the Website. The Commission is paid in the form of a fixed monthly percentage commission fee of 25%. You accept and recognize that we have the right to increase the subscription cost in order to satisfy economic needs. Please keep in mind that we do not charge any fees to users who do not provide services on the site. The site is available to users for free. We do not earn commissions or kickbacks on any sales, and we are not liable for any job accomplished; any refunds and complaints must be handled directly between the client and the licenced individual. Clients and contractors can make payments for partnered services outside of the website.

 

10. USER DUE DILIGENCE

We recommend that a User undertake their own personal due diligence before conducting a transaction between a User and a Licensed professional on the platform. REMOTECA provides no assurances about the work of a Licensed professional. It is the responsibility of the consumer to check that the licenced contractor licence number is still valid. The licence number may be found on the licensee's profile in the "about me" section.

 

11. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS

The Website may provide links to external Internet sites. REMOTECA hereby declares explicitly that it has no influence on the layout or content of the linked pages and dissociates itself expressly from all contents of all linked pages of third parties. REMOTECAshall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookienotice do not apply to any collection and processing of your personal data on or through such external sites.

 

12. YOUR REPRESENTATIONS AND WARRANTIES

You hereby represent and warrant that: (i) you will only use REMOTECA as permitted under these Terms; (ii) you agree to comply with all applicable laws, rules and regulations, and industry best practices while using REMOTECA; (iii) you will not use REMOTECA for any fraudulent or inappropriate purpose; (iv) you shall not prevent others from using REMOTECA.

 

13. DISCLAIMER OF WARRANTIES

REMOTECA IS PROVIDED TO YOU “AS IS”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT REPRESENT OR WARRANT THAT: (I) REMOTECA WILL MEET YOUR REQUIREMENTS, WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THE OPERATION OF REMOTECA WILL BE UNINTERRUPTED; OR (III) REMOTECA IS OR WILL BE AVAILABLE WHERE YOU RESIDE OR IN ANY OTHER PARTICULAR LOCATION. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH REMOTECA IS TO UNINSTALL AND CEASE USE OF ALL REMOTECA PRODUCTS. Further and except as expressly provided herein, we are not obligated to maintain or support REMOTECA, or to provide you with any updates, fix errors or any other features available therein. You acknowledge and agree that you are solely responsible for (and that we have no responsibility to you or to any third party) and assume all the responsibility and risk for your use of REMOTECA and your breach of any of your representations and warranties herein contained, and for any loss or damage which we may suffer as a result of any such breach.

 

14. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR LICENSORS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF ADDITIONAL SOFTWARE OR COMPUTER CONFIGURATIONS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DAMAGES ARISING IN CONNECTION WITH ANY USE OF REMOTECA OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE INSTALLATION, UNINSTALLATION, USE OF OR INABILITY TO USE REMOTECA UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR TOTAL LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID IF ANY, BY YOU FOR THE USE OF REMOTECA.

 

15. INDEMNITY

You agree to defend, indemnify and hold us, our parent corporation, officers, directors, employees and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your access to or use of REMOTECA; (ii) your violation of these Terms; or (iii) your violation of any third party right, including without limitation, any intellectual property right, or privacy right.

 

16. GOVERNING LAW AND DISPUTES

This Agreement will be governed by, construed and enforced in accordance with the laws of England, without regard to its conflicts of law principles or provisions. The parties specifically exclude from application to this Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. Any disputes arising out of or in connection with this Agreement shall be exclusively settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC Rules”) by one arbitrator appointed in accordance with the ICC Rules (the “Arbitrator”). The arbitration shall take place in England and shall be conducted in the English Language. The arbitration shall be conducted on a confidential basis. The award passed by the Arbitrator shall be final and binding on both parties. Nothing contained herein shall prevent either party from applying to any court of law in order to obtain injunctions, equitable relief or any equivalent remedy, against the other Party, in order to restrain the breach of any restrictive covenants pursuant to this Agreement. The arbitration award shall be enforceable in any court of competent jurisdiction. Any motion to enforce or vacate an arbitration award under this agreement shall be kept confidential to the maximum extent possible. Accordingly, for any claim that you have with us, you agree, prior to filing any suit or proceeding, to first contact us and attempt to resolve the claim informally by sending us a written notice of your claim (“Notice”). If you and we cannot reach an agreement to resolve the claim within 30 days after the Notice is received, then either party may file a claim in court. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO REMOTECA OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

17. GENERAL

These Terms constitutes the entire understanding between the parties with respect to the matters referred to herein. The Section headings in these Terms are provided for convenience purpose only and have no legal or contractual significance. If any provision of these Terms is held to be unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. Our failure to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without our prior written consent. The controlling language of these Terms is English. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail. Nothing in these Terms will be construed as creating a joint venture, partnership, employment or agency relationship between you and us, and you do not have any authority to create any obligation or make any representation on our behalf.

 

18. Contact Us.

If you have any questions (or comments) concerning these Terms, you are most welcomed to contact us at [Insert email address] and we will make an effort to reply within a reasonable time-frame.

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