If these terms apply to you, then they are incorporated into the Agreement. BudgetState and Local GovernmentsEducational and Non-Profit InstitutionsFederal ProcurementFederal Financial ManagementFederal Information Resources / Data CollectionOther Special Purpose. Bei Verwendung des Links kann Twitter den Besuch unserer Website ggf. 10.3 No Indirect Damages. You can then directly edit your HTML in the HTML Editor on the right or use the Visual Editor on the left to make your changes. Article 8 - Duration Agreement Article 9 - Grievance Procedure Article 10 - Health Safety Article 11 - Holidays Article 12 - Hours of Work Article 13 - Indemnification Article 14 Labor Management Meetings Article 15 - Layoff Article 16 - Leaves of Absence Pay for Family Care and Bonding Side Letter Agreement Internationale Schuldenstrategie zur Entlastung hoch verschuldeter Lnder, Entwurf fr ein Inflationsausgleichsgesetz zum Ausgleich der kalten Progression, DRH 360 das Online-Erlebnis des Detlev-Rohwedder-Hauses, Videoreihe Finanzisch fr Anfngerinnen und Anfnger, Themen-Takeover mit Steuerfabi eine Woche zum Thema Finanzkriminalitt. Delivery of an executed counterpart of this Agreement by telefacsimile shall be equally as effective as delivery of a manually executed counterpart of this Agreement. If you are located outside of the territory of the United States, the parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not govern this Agreement or the rights and obligations of the parties under this Agreement. The judge said, "It is true that a consumer, unfamiliar with the laws of New Jersey, would not be able to state with certainty how far the waiver extends. We may, as permitted by this Agreement, use Customer Data in an anonymized manner for machine learning to support certain product features and functionality within the Subscription Service. The template file will store your cleanup settings as well as any find and replace commands, manage tags and attributes, or custom Javascript. if ($("#expertSubmit").length > 0) { Nheres erfahren Sie in unserer Responsibilities that may be required include planning of marketing programs; setting of a content creation calendar; creating blog posts, social media content, Calls-To-Action (CTAs), downloads, emails, nurturing content, and other materials; acting as internal liaison between sales and marketing; providing top level internal goals for the use of the Subscription Service; attending regular success review meetings; and supporting the integration of the Subscription Service with other sales and marketing systems. e. Counterparts; Telefacsimile Execution. "Users" means your employees, representatives, consultants, contractors or agents who are authorized to use the Subscription Service for your benefit and have unique user identifications and passwords for the Subscription Service. The provisions of the Uniform Commercial Code (UCC), the Uniform Computer Information Transaction Act (UCITA), or any substantially similar legislation as may be enacted, will not apply to this Agreement. startxref We and our Affiliates may transfer Customer Data (including Personal Data) to the United States in connection with the Subscription Service. We will maintain commercially appropriate administrative, physical, and technical safeguards to protect Personal Data as described in the DPA, including our security measures in Annex 2 of our DPA. Changes may be made on your Billing Page within your HubSpot account. You must keep all of your account information current. THIS SECTION STATES OUR ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM PROVIDED FOR UNDER THIS SECTION. G. Indemnification of Attorneys Fees and out-of-pocket costs. Zverejnen zmluvy za posledn mesiac. Unless otherwise specified in your Order, to prevent renewal of your subscription, you or we must give written notice of non-renewal. [20], In 1966, the Supreme Court of California ruled that The Hertz Corporation could not enforce its clause requiring renters to indemnify Hertz's insurer. 3.4 Payment against invoice. In contract law, indemnity is a contractual obligation of one party (indemnifier) to compensate the loss incurred to the other party (indemnity holder) due to the acts of the indemnitor or any other party.The duty to indemnify is usually, but not always, coextensive with the contractual duty to "hold harmless" or "save harmless". Soziale Medien: Folgen Sie uns auf Twitter, Instagram, LinkedIn und YouTube! If you are subject to GST, all fees are exclusive of GST. agreement will prevail unless this Agreement specifically states otherwise. Upon Customers acceptance of any order, Distributor shall submit to Customer via wire transfer at least [ Percent total order] of the total order price. The limits that apply to you will be specified in your Order Form, this Agreement or in our Product and Services Catalog, and for our Free Subscriptions, these limits may also be designated only from within the product itself. Page 4 of 4 L. Exclusive Jurisdiction for Suit in Case of Breach. You must be 18 years of age or older to use the Subscription Service. e. Payment. ", http://www.jdsupra.com/legalnews/tips-for-a-startup-manufacturer-in-31651/, "Three Strategies for Limiting Your Indemnity Obligation", "The biggest food recall of 2018 is one you still haven't heard about", "Indemnity Procedures and Liability in IT Contracts", "Association Answers: Are HOA board members protected from lawsuits? Title to the Products shall pass to Distributor upon delivery. The officers or leaders of a student organization may be directed to take action designed to prevent or end such violations by the organization or by any persons associated with the organization. https://www.whitehouse.gov/omb/information-for-agencies/circulars/?utm_source=link, Office of the United States Trade Representative, Executive Order Budgetary Impact Statements, Federal Information Resources / Data Collection, Preamble to the revision to OMB Circular No. See all integrations. Bei Verwendung des Links kann LinkedIn den Besuch unserer Website ggf. Above the Visual Editor are the editor display options. [13] Indemnity can be extremely costly since X's liability insurance typically does not cover claims against Y, but X still has to cover them. This provision of the agreement is the first thing that the reader usually sees and it is used to denote or identify what the agreements nature is, whether it is a confidentiality agreement, a purchase agreement, and so on. YOU ACKNOWLEDGE THAT THE SUBSCRIPTION SERVICES HAVE NOT BEEN DESIGNED TO PROCESS OR MANAGE SENSITIVE INFORMATION AND ACCORDINGLY YOU AGREE NOT TO USE THE SUBSCRIPTION SERVICE TO COLLECT, MANAGE OR PROCESS SENSITIVE INFORMATION. A transfer of agreement ensures that all of the terms and conditions of the contract are recorded. We will not have any obligation or liability under this section if the non-conformance is caused by or based on: (i) any combination of the Subscription Service with any hardware, software, equipment, or data not provided by us, (ii) modification of the Subscription Service by anyone other than us, or modification of the Subscription Service by us in accordance with specifications or instructions that you provided, or (iii) use of the Subscription Service in violation of or outside the scope of this Agreement. Bank of America and its Affiliates reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Agreement. ", "You agree to defend, hold harmless and indemnify edX [founded by Harvard and MIT] against any third-party claims in any way related to your use of the Site", "You agree that you will indemnify and hold harmless NPR from any and all claims arising from (2) your use of the NPR Services, (3) the User Materials you have Submitted on or through the NPR Services, or (4) NPR's publication, distribution or use of such User Materials", "If you are using our Services on behalf of a business, that business accepts these terms. Fr den Betrieb der Seite technisch notwendige Cookies sind bereits aktiviert. The Contracting Entity and Applicable Law section of the Jurisdiction Specific Termsis revised to read as follows: You are contracting with HubSpot, Inc. and this Agreement is governed by the laws applicable to you as a Government Customer, or if no such laws are specified, then the laws of the Commonwealth of Massachusetts, U.S.A., without reference to conflicts of law principles. f . "[22], When a contract is "negotiable," the indemnitor negotiates to control those legal costs. g. The obligations of the Recipient Party under this Section 6 shall survive termination or nonrenewal of this Agreement for a period of [ Number of years] years. We may update or change these terms in the same way as we can our Agreement as we describe in the Amendment; No Waiver section of our General Terms. The property and funds are exchanged, but indemnity may be granted for costs necessarily incurred to the innocent party pursuant to the contract. Upload your Word (DOCX), PDF, and other documents and instantly convert them to clean HTML. Download Printable PDF; Menu. d. Notwithstanding any other provisions of this Agreement, each party acknowledges that Proprietary Information shall not include any information that: (i) is already known to the Recipient Party at the time of disclosure or becomes publicly known through no wrongful act of the Recipient Partys part; (ii) is rightfully received by the Recipient Party from a third party without breach of this Agreement; (iii) is independently developed by the Recipient Party without the benefit of information received under this Agreement; (iv) is furnished to a third party by the Disclosing Party without a restriction on the third partys right to disclose it; or (v) is explicitly approved for release by written authorization by the Disclosing Party. Mehr Informationen dazu erhalten Sie in unseren Erklrungen zum Datenschutz. We will indemnify, defend and hold you harmless, at our expense, against any Action brought against you (and your officers, directors, employees, agents, service providers, licensors, and Affiliates) by a third party not affiliated with you to the extent that such Action is based upon or arises out of (1) an allegation that the Subscription Service infringes a valid patent in a member state of the Patent Cooperation Treaty, registered trademark, or registered copyright (IP Indemnification), or (2) our breach of our confidentiality obligations or our use of Customer Data in violation of this Agreement (Confidentiality and Data Misuse Indemnification). Please check and try again. Code examples: 2.6 Modifications. Distributor desires to purchase the Products from Company for resale in the territories or geographic areas as defined in Section 1.b (the Territory). The operations of Distributor are under its sole and exclusive control, including without limitation supervision of, and liability for expenses incurred with respect to, employees. Vetky sumy v tabukch s uvdzan v eurch. This provision is usually split into two, which are the date of execution and the effective date of the agreement. (iii) repeated instances of posting or uploading material that infringes or is alleged to infringe on the copyright or trademark rights of any person or entity. Parties other than PandaDoc may provide products, services, recommendations, or views on PandaDocs site (Third Party Materials). Any Party delivering an executed counterpart of this Agreement by telefacsimile shall also deliver a manually executed counterpart of this Agreement, but the failure to deliver a manually executed counterpart shall not affect the validity, enforceability, or binding effect of this Agreement. This is in contrast to, for example, life insurance, where the amount of the beneficiary's economic loss is irrelevant. "Customer Materials" means all materials that you provide or post, upload, input or submit for public display through the Subscription Service. 0000007404 00000 n 10.6 Agreement to Liability Limit. Free and premium plans, Sales CRM software. "[25] Companies and HOAs also use indemnity to protect directors since few would serve as directors if their risks were not indemnified. Word To HTML is excellent for creating or converting single files, but for bulk converting documents you need our sister product Doc Converter Pro. Dates. Find statistics, consumer survey results and industry studies from over 22,500 sources on over 60,000 topics on the internet's leading statistics database ", "You agree to indemnify, defend and hold harmless Angie's List against all losses arising from: (a) any violation of this Agreement by You; (b) the inaccurate or untruthful Content or other information provided by You to Angie's List or that You submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm You may have caused to another. a. Indemnification. the Agreement), including the Fidelity Brokerage Commission and Fee Schedule, as are currently in effect and as may be amended in the future. Survival. IN WITNESS WHEREOF, this Agreement was signed by the Parties under the hands of their duly authorized officers and made effective as of the date first written above. Personal Data means any information relating to an identified or identifiable individual where (i) such information is contained within Customer Data and (ii) is protected as personal data or personally identifiable information under applicable Data Protection Laws (as defined in the DPA). After a verbal agreement has been reached, the parties can decide to authorize a work order or move straight to a binding written independent contractor agreement. We will comply with our Code of Business Conduct and Ethics (a/k/a our Code of Use Good Judgment) which can be found on our Investor Relations page on hubspot.com. 5.4 Protection of Customer Data. If you have a legacy HubSpot product, some of the features and limits that apply to that product may be different than those that appear in these GeneralTerms, Product Specific Termsand/or the Product and Services Catalog. Distributor shall submit to Customer via wire transfer the remaining balance upon receipt of the Products at Distributors facility. Either Party may terminate this Agreement prior to its expiration upon the occurrence of either of the following: (i) the other Party becomes insolvent, or institutes (or there is instituted against it) proceedings in bankruptcy, insolvency, reorganization or dissolution, makes an assignment for the benefit of creditors or becomes nationalized or has any of its material assets confiscated or expropriated; or (ii) the other Party (in this case, the breaching Party) fails to perform any of its obligations hereunder and fails to correct such failure within [ Number calendar days] calendar days after receiving written demand therefore from the non-breaching Party, specifying the failure in sufficient detail for the breaching Party to correct such failure; provided, however, that upon a second breach of the same obligation by such Party, the other Party may forthwith terminate this Agreement upon notice to the breaching Party. When you paste in the code you will get a preview of how it looks in the Visual Editor on the left. This Agreement does not grant us any ownership rights to Customer Materials or Customer Data. b. You authorize HubSpot to continue to charge your Authorized Payment Method for applicable fees during your Subscription Term and until any and all outstanding Fees have been paid in full. For further information on the limits that apply to your subscription, please refer to the Product Specific Terms. We will not accept any settlement that (i) imposes an obligation on you; (ii) requires you to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on you without your prior written consent. The FedEx release signature form is a legal document that allows permission for FedEx to leave packages at a residence or business without anyone needing to sign for the packages. Product and Services Catalog means HubSpots Product and Services Catalog available at http://legal.hubspot.com/hubspot-product-and-services-catalog, as updated by us from time-to-time. A hold harmless agreement (HHA) is essentially a liability waiver that lets one party get protection if they accidentally caused physical harm, damage, or financial loss to the other party in the contract or a third party during the cooperation relationship or service provision.. A franchise agreement is a legally binding document which contains information about the terms and conditions set by the franchisor for the franchisee. Such agreements provide for indemnification of officers for personal liability for actions taken on behalf of the corporation. Suche. Subject to the terms and conditions of this Distributor Agreement, Company hereby appoints and grants Distributor the exclusive right to sell and distribute the Products to customers located in the Territory (the Customers) and to render other services as a distributor for Company as set forth herein. Free and premium plans, Customer service software. This allows the involved parties to negotiate future agreements while safeguarding either party against possible losses. If a Subscription Service is suspended for non-payment, we may charge a re-activation fee to reinstate the Subscription Service. You authorize HubSpot to continue to charge your Authorized Payment Method for applicable fees during your Subscription Term and until any and all outstanding Fees have been paid in full. APPLICATION PROGRAMMING INTERFACES (APIs) MAY NOT BE AVAILABLE AT ALL TIMES. 2.7 Customer Support. Dates. d. Company has all rights, power, and authority to enter into this Agreement, e. Companys execution of this Distributor Agreement, and Companys performance of its obligations and duties hereunder, do not and will not violate any agreement to which Company is a party or by which it is otherwise bound, and. If you have legacy HubSpot products, we may choose to move you to our then-current products at any time. Bitte kontrollieren Sie Ihre Eingabe und versuchen Sie es erneut. e. It is understood that all Proprietary Information disclosed under this Agreement, is, and shall remain, the property of the Disclosing Party. You will be needed to be specific on the state that the waiver laws apply to for easier interpretation of the waiver agreement. "[17], In 2010, the Colorado Supreme Court required a flower shop to indemnify its shopping center for a customer who slipped on the icy parking lot, though of no fault of the flower shop, because the tenant was there to visit that shop, and the shop's lease had a broad indemnity clause. In the 1860s in the United States, U.S. President Abraham Lincoln had requested many millions of dollars from Congress with which to compensate slave owners for the loss of their slaves. You agree to pay any taxes applicable to your use of the Subscription Service and performance of Consulting Services. If you are paying by credit card, you authorize us to charge your Authorized Payment Method for all fees payable during the Subscription Term. At our request, you will provide us with the VAT registration number under which you are registered in your member state. Datenschutzeinstellungen Diese Webseite verwendet Cookies, um Ihnen die volle Funktionalitt unseres Angebotes zu gewhrleisten. agreement will prevail unless this Agreement specifically states otherwise. Your initial subscription term will be specified in your Order, and, unless otherwise specified in your Order, your subscription will automatically renew for the shorter of the subscription term, or one year. Customer Data does not include HubSpot Content. This means in the future you can save time by just selecting your template and using it to clean up your HTML file. 10.1 Performance Warranty. We may suspend, limit, or terminate the Free Services for any reason at any time without notice. 11.11 Contract for Services. Current laws and regulations in effect for CRS in the Cayman Islands. is the HubSpot-approved form created following your purchase of one of our products or services through our online payment process or via in-app purchase. You can edit the delivery address below and add a subject line. Create email signatures with logos. North America or Europe) as part of your subscription subject to the terms of this Agreement and our Regional Data Hosting Policy. Slave owners were considered to have suffered a loss whenever their slaves were granted their freedom. i. Acceptable Use Policy (AUP): This is the rulebook setting out what you can and cant do while using our products and services. For more information on non-renewal notice periods, please see the Product Specific Terms. All such communications shall be sent to the addresses for each Party as first set forth above, or to such other addresses or numbers as any Party may inform the others by giving [ Days prior notice to inform] days prior notice. Neither Party shall be held liable for any failure to perform that is due to any cause or circumstance beyond the reasonable control of such Party, including without limitation a demand for such Products and other products manufactured by Company which exceeds Companys ability to supply them, earthquakes, fire, accidents, floods, storms, other Acts of God, riots, wars, rebellions, strikes, lockouts or other labor disturbances, national or international emergencies, failure to secure materials or equipment from usual sources of supply, failure of carriers to furnish transportation, government rules, regulations, acts, orders, restrictions or requirements or any other cause or circumstance beyond the reasonable control of such Party. In an Event Agreement & Waiver, the parties not only cover the contractual terms of the agreement, such as fees and deposits, this agreement is unique in PAYPAL USER AGREEMENT About Your Account. Being web-based also makes it the perfect choice for teams. 11.16 Precedence. PLEASE READ THESE CUSTOMER TERMS OF SERVICE CAREFULLY. To the extent we process Personal Data from the European Economic Area, the United Kingdom and/or Switzerland or Personal Data that is subject to the protection of European Data Protection Laws (as defined in the DPA) our Swiss-U.S. Privacy Shield and/or the Standard Contractual Clauses will apply, as set out in our DPA. Jurisdiction-Specific Terms means the additional terms that apply to your subscription, depending on your location. Add-Ons means additional product enhancements (including limit increases and other add-ons) that are made available for purchase and are listed in the Add-Ons and Technical Limits section of our Products and Services Catalog. Youll find your Order Form(s) in the Accounts and Billing section of your HubSpot portal. We will comply with all U.S. state and federal laws (where applicable) in our provision of the Subscription Service, the Consulting Services and our processing of Customer Data. xref The benefits and duties of each party must be stated in a clear manner. If certain animosity arises, there will be a document that the organizations can refer back. Indemnification Agreement; Assignment of Indemnity; What is Indemnity? DOLLARS. Autonomy; Except as otherwise provided in this Agreement, the Contractor will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. "[11] No problem, this option adds the
and to HTML. ihrem Konto zuordnen. "Agreement" or Customer Terms of Service means these General Terms and all materials referred or linked to in here, unless otherwise stated. d. Terms of Sale. Upon Customers acceptance of any order, Distributor shall submit to Customer via wire transfer at least [ Percent total order] of the total order price. We retain all intellectual property rights to the HubSpot Content, the Subscription Service, the Consulting Services, and any other products or services provided under this Agreement. Exclusive Appointment. The contract before rescission is voidable but not void, so, for a period of time, there is a legal contract. 11.5 Compliance with Laws. If you are required to deduct or withhold tax from payment of your HubSpot invoice, you may deduct this amount from the applicable Subscription Fee due to the extent it is due and payable as assessed withholding tax required under laws that apply to you (the Deduction Amount). These terms will not apply in the event the Subscription Service and/or Consulting Services are used for any private, personal, or non-governmental-related purpose. Company desires to appoint Distributor as its exclusive distributor of the Products in the Territory, and Distributor desires such appointment subject to the terms and conditions set forth in this Agreement, including any exhibits or schedules attached hereto. Not need to do this, include some few lines just next to the Customer subdistributor. Any time without notice, invoices and receipts at this knowledge base article:! 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