Terms of Service
The following Terms of Service ("TOS," "Terms" or "Agreement") apply to your
use of our website and all services, features and/or content provided by Dividis
LLC.
Dividis LLC owns the website https://boostingthemovement.com/. By
purchasing one or more Services from Dividis, you declare that you have read,
understood and agree to be bound by this TOS. The latest version of our TOS
is always available on the Dividis website
DEFINITIONS
In this TOS, the following definitions shall apply::
Agreement means these terms and conditions
“Business Day” means a day other than a Saturday or Sunday or 2 January
when banks are open for normal banking business in Bulgaria;
Investor means a person who purchases any of the packages offered on the
website
https://boostingthemovement.com/
Investor Fees means the fees payable by the Investor under the Agreement in
order to Invest in the package and get consideration in the form of
commissions, which they will as a buyer earn, in the capacity of an
independent
contractor.
Services means the offering of different packages on the website
https://boostingthemovement.com/,
as well as advertising spaces on the same.
“VAT” means value added tax or its equivalent in any territory outside the
Republic of Bulgaria;
Account holder means an investor, who has already purchased a package from
the website https://boostingthemovement.com/
Products means the packages, offered on the website
https://boostingthemovement.com/
1. APPLICATION OF TERMS
1.1. The following Terms of Service describes the terms and conditions upon
which Dividis LLC. offers access to the Internet site found at
www.boostingthemovement.com, as well as offers investment packages to
the
Investor, irrespective of whether or not you are an Account holder (“You“) and
the use of its products via the Site (the “Products“).
1.2.The TOS, together with your Application, represent the entire Agreement
relating to the Services and supersedes any other agreement previously
established between you and Dividis. Sending an Application to Dividis
constitutes acceptance by you of these TOS.
2. PERSONAL DATA. DATA PROCESSING AGREEMENT
2.1. In order to purchase and use the Trooper Investment Package you will be
required to provide personal data. For the purposes of these TOS, personal
data shall have the meaning set out in our Privacy Policy. Please refer to our
Privacy Policy for complete information on what personal data we collect and
how we process and disclose it.
2.2. By uploading and storing content on our servers you acknowledge and
agree that Dividis shall act as a data processor regarding your content. The
relationship between you and Dividis related to processing of your content is
set out in our Data processing Agreement (DPA), which is an integral part of
our Privacy Policy and these TOS.
2.3. Information supplied to Dividis may be used for publication (where the
Investor provides details for inclusion in the Event directory or catalogue and
website) as well as to provide the Investor with services and also information
about the Investor’s products or services in the form of direct marketing
activity by phone, fax or post.
3. APPLICATIONS AND AGREEMENT
3.1.
Dividis may at its absolute discretion accept or refuse the Investor's
application for investing made by submission of a signed Investment
Agreement.
3.2. The Trooper Investment Package costs 5.000€ + VAT and includes the
following services provided by Dividis:
(A) Advertisement Profit Share for the value of 11.500€ of a 30.000.000€
sales in advertisement on all applications of the Dividis platform.
Advertisement profit share only includes sales of advertising on the Dividis
Advertisement Platform. Advertisements from third parties like Google ads
or others are excluded from profit share.
(B) 100 Trees planted by our partners
3.3. Dividis LLC will owe cashback only in connection with revenues
received from the provision of advertising space to the investor.
4. BINDING EFFECT
4.1. The present TOS will be applicable in your relations with Dividis upon
submission of the Application provided for in art. 3.1.
5. FEES AND PAYMENT
5.1. The Investor agrees to pay the Investor Fees in accordance with the
amounts and payment terms set out in the present TOS.
5.2. Within 7 /seven/ days from submitting the Application and its acceptance
by Dividis, Dividis will send to the Investor invoice for 100% of the Investor
Fee.
5.3. The Investor Fee and payment method(s) will be indicated in the invoice.
5.4. The Investor acknowledges and agrees that his payment details shall be
stored by our payment providers to process payment for any Dividis service
you purchase or renew. All payment information about the Investor, as well as
the annual financial reports of Dividis are stored in the back office in the
Dividis platform.
5.5. Our obligation to provide the Service(s) under art. 3.2. depends on your
payment of the Fees. It is your responsibility to ensure that we receive timely
payment of the Fees.
5.6. Invoices are due within 3 /three/ business days upon receipt. Dividis
reserves the right to suspend and/ or terminate the Services until payment is
made.
5.7. By accepting these TOS, you hereby authorize Dividis to send you invoices
electronically at the email address specified in the Application.
5.8. Should the Services be suspended due to your fault for any reason, Fees
will continue to accrue until the termination or expiry of the term of this
Agreement.
5.9. Bank transfer payments/PAYPAL: All bank charges payable on transfers
have to be borne by the Investor. Where the contract is sorted via Click Wrap
Conditions, and/or payment is via PayPal, Stripe or others, the contract will still
be amenable to all contractual rules of the jurisdiction where Dividis is based
and the Investor is responsible for paying any payment fees and costs related
with the payment provider.
5.10. The Investors agree that they will not create undue problems with
payments and if the Business account faces problems due to their unfair
complaints and attempts for refunds, they will be charged the costs of
restoring the account’s suspended state and also may be within the ambit of
legal liability based in the damage done to Dividis.
5.11. The Investor understands that technical problems or other conditions
may delay or prevent you from accessing the Site. Also, complications in
operations caused by COVID19 may delay the ‘Order-By date”. However as this
is a B2B purchase unless there has been a total failure of consideration or
performance, Dividis LLC does not commit itself to any refunds.
5.12. In the event the Investor fails to meet any payment obligations, (whether
as to the amounts or date of payment), then Dividis LLC shall be entitled in its
sole discretion to deem that the Investor has cancelled its Investment for the
event and to exercise its rights pursuant to all relevant clauses relating
to (Cancellation and Resale of Investment item).
6. POSTPONEMENTS AND CANCELLATION BY DIVIDIS
6.1. Dividis LLC shall be relieved of its obligations under this Agreement in the
event that the Investor himself is prevented by force majeure to benefit from
the sponsorship and its contents/elements due to the use becoming
impossible, illegal or substantially or materially interfered with, due to any
cause or causes beyond the reasonable control of the Investor/Dividis
7. GOVERNING LAW AND JURISDICTION
7.1. These terms and conditions will be governed by the laws of Bulgaria. All
disputes, arising from this agreement or related to it, including those arising
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from or concerning its interpretation, invalidity, performance or termination, as
well as the disputes for filling gaps in this agreement, shall be referred for
resolution to the competent court of Law in Sofia, Bulgaria.
8. CONFIDENTIALITY
8.1. Each Party undertakes not to distribute or use confidential information to
third parties in any form whatsoever, and to require from its employees and
subcontractors to observe the same confidentiality constraints. Provision of
information required by the competent state authorities in the cases provided
by the law shall not be considered as disclosure of confidential information.
8.2. Confidential information is anything related to the organization and
business of a Party to this Agreement, including financial and accounting
information, description of equipment, software components (software
products), personnel data, personal data, inventory stock, utility models,
know-how, technological solutions, as well as instances of the Parties’
practice, except for the information which the Party has explicitly defined as
non-confidential, for commonly known facts or for information which the Party
itself has made publicly available (for example, through commercial
advertising, media announcements, information on its public website, etc.).
Any information aboutInvestors of the Parties to this Agreement which has
become known to them in connection with their joint activities subject to this
Agreement shall also be considered to be confidential.
8.3. Information on the essential elements of the Agreement, as well as
advertising and other publication materials, may be disseminated upon mutual
agreement between the Parties.
8.4. In connection to the confidential information each Party agrees to:
- to keep confidential information strictly confidential and not to disclose any
part of it to third parties, unless otherwise stipulated in this Agreement or when
required to fulfill the obligations under this Agreement;
- take the necessary steps to prevent unauthorized access to confidential
information provided by and between the Parties;
- not use the confidential information provided by and between the Parties for
purposes other than those agreed in this Agreement;
- not to divulge the information provided between the Parties in connection
with this Agreement without the prior written consent of the Party providing it,
unless in case when it is required to fulfill its obligations under the law or
under this Agreement.
8.5. The parties may disclose confidential information to the following persons:
- employees of the Parties when it is necessary to fulfill the obligations under
this Agreement;
- auditors and consultants solely for the purpose of providing professional
advice and consultancy, as well as to other persons or organizations who have
the right or obligation by law to have access to confidential information, or to
be informed, in connection with the activities of the recipient.
-Disclosure of confidential information to persons under paragraph 1 shall be
admissible only in cases where such persons are bound by the obligations to
keep the confidential information, corresponding to the obligations undertaken
by the Parties under this Agreement, incl. by signing non-disclosure
agreements and declarations for non-disclosure of information.
Notwithstanding the foregoing, each Party shall be fully responsible for any
breach of the obligations of the persons referred to in para. 1 to keep
confidential information, which the same disclosed to them.
8.6. The obligations and commitments of both Parties to this Agreement
relating to confidentiality and non-disclosure remain in force
................./............./ years after termination of the Agreement and its
supplementary annexes.
8.7. In the event of a breach of the confidentiality clauses, the defaulting Party
shall be liable to the aggrieved Party for full compensation for the damages
caused / shall pay to the aggrieved Party a penalty to the amount of
......../........../ BGN.
9. DIVIDIS CONTENT. INTELLECTUAL PROPERTY RIGHTS
9.1. provisioning of the Service(s). Dividis grants to you a non-exclusive,
non-transferable limited license to access and use the Service(s) during the
term of this Agreement. All trademarks, product names, services, software,
script, source code, content, photos, graphics, videos on our website, logos or
slogans (“Dividis content”) used by Dividis are owned by or licensed to Dividis.
You acknowledge and agree not to modify, copy, reproduce, download,
transmit, distribute, sell, license, publish, broadcast, create derivative works
from, or store Dividis’s content for purposes other than using our Services,
without our express prior written consent.
Unless otherwise set out in these TOS, you own all right, title and interest to
the information you place on our servers pursuant to the Services. If you
submit feedback to us concerning your idea and suggestions related to the
Services, we shall have the right to use that information to improve our
business processes. You have no right to any intellectual property that is
based on an improvement to our business based on this feedback.
9.2. You are welcome to provide us with written or verbal testimonials of our
Services in connection with your use of the Services. You acknowledge and
agree that we may, at our discretion, use the testimonial to promote our
Services online and in social media. Further to our use of your testimonial, you
hereby agree and give your consent to Dividis to publish your name, voice or
likeness, profession, website, video and/or contact information in connection
with the publication of the testimonial. If you would like to withdraw your
consent, please send your request to rehuel@dividis.io
10. USE OF SERVICES. INVESTOR RESPONSIBILITY
10.1. You acknowledge and agree that your use of the Service(s) and any
Content uploaded, stored, published and displayed on or through the
Service(s) are in compliance with these TOS and all applicable laws, including
laws of the jurisdiction where the Service or Content is uploaded, hosted,
stored, accessed or used. You shall implement any restrictions necessary in
order to prohibit use of the Services by any third party or in any jurisdiction, as
required to comply with such laws.
10.2. You may not upload, store, publish and display on or through our
Service(s) any personal data, private or any other personally identifying
information, images, videos of minors or any third party, without the consent of
said party (or a parent's consent in the case of a minor). If you use the Services
to upload, store, publish, display or otherwise disclose such information, you
acknowledge and agree that you have obtained the prior consent of the said
parties.
10.3. You are responsible to provide accurate and complete information about
you and your organization (if you purchase on behalf of an organization) and
promptly update all provided information. We shall not be liable for any errors
or damages caused by any failure from your side to provide complete and
accurate information.
10.4. You are responsible for all your activity related to the use of our
Service(s) and the activity of any user who has access to your Account and the
Services.
10.5. You acknowledge and agree that if you resell our Services or administer
Services on behalf of others, you must ensure that each of your clients and/or
End Users complies with these TOS. You understand and agree that you are
responsible for all content uploaded, stored or transmitted on or through the
Services and any acts or omissions of your clients or End Users that violate
these TOS or the law.
10.6. When using the Services, you will ensure that neither you nor any of your
End Users make use of the Server resources to Dividis’ detriment or that of
other Dividis’ customers.
10.7. You shall indemnify, defend and hold harmless Dividis, and its respective
officers, directors, shareholders, employees, agents and representatives
against all damages, claims, liabilities, losses and other expenses, including
without limitation reasonable attorneys’ fees and costs, whether or not a
lawsuit or other proceeding is filed, that arise directly or indirectly from your
omissions.
10.8. You must obtain all equipment necessary to access and use our
Service(s). It is your responsibility to use equipment, software or applications
which are compatible with our Service(s). When accessing or using our
Services you may not use equipment and/or software which are faulty or with
malfunctions that may cause security issues with our servers, damage the
integrity of the network and/or vulnerability of the Service(s).
10.9. You are solely responsible for obtaining all intellectual property rights in
the intellectual property of others, including, but not limited to, clearances
and/or other consents and authorizations necessary to use the names, marks
or any content, materials which are used by you on, or transmitted through the
Services.
10.10. If you use any third-party software on the Services, you warrant to
Dividis that you are duly licensed to use the software, and that the licence
grants sufficient rights to Dividis to provide the Services. You agree to provide
us with such licence(s) upon request. If you fail to provide reasonable evidence
of licensing, Dividis, at our sole discretion, may suspend the Services and/or
terminate the Agreement with immediate effect.
10.11. You shall provide to Dividis, at your cost, any information, resources or
facilities reasonably requested by Dividis for the delivery of the Service(s) and,
where necessary, ensure that your employees, contractors and other suppliers
cooperate fully and promptly with Dividis to such aim.
10.12. Any instructions supplied by you to Dividis must be complete and
accurate and clearly legible. We shall not be liable for any errors caused by any
failure from your side to provide complete and accurate information. It’s your
obligation to follow our instructions and to cooperate with us for the proper
provision of our Services.
10.13. You acknowledge and agree not to make any modification or alteration
of any part of our Service(s) or related technologies.
10.14. You acknowledge and agree not to modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, commercially exploit, create
derivative works from, transfer or sell any content, software, or services
contained on our Site, except where explicitly authorised by us.
10.15. You acknowledge and agree that any information, articles, tutorials,
guidelines or technical support advice may be provided by us only for your
convenience and do not constitute official statements.
10.16. You acknowledge and agree that as with any investment or purchase of
financial products there are some risks associated and Dividis cannot
guarantee any figures or earnings models.
11. LIMITATION OF LIABILITY AND INDEMNITY
11.1.The current clause sets out the entire liability of Dividis LLC (including
any liability for the acts or omissions of its employees, agents and
subcontractors) to the Investor in respect of:
i. Any breach of this Agreement;
ii. Any use made by the Investor of the Investment; and
iii. Any representation, statement or tortious act or omission (including
negligence) arising under or in connection with this Agreement.
11.2. Hence :
a. Neither Dividis nor any of its respective agents shall be liable to the
Investor under this Agreement in contract, tort (including negligence and
breach of statutory duty) or otherwise for any loss of profits (whether direct or
indirect), revenue, goods, use, anticipated savings, goodwill, reputation or
business opportunity or for any indirect, incidental special or consequential
loss arising under this Agreement (whether or not reasonably foreseeable and
even if it had been advised of the other incurring the same).
b. All warranties, conditions and other terms implied by statute or
common law are, to the fullest extent permitted by law, excluded from
this Agreement, due to the nature of this agreement and its purpose
and structuring.
c. Warranties.To the maximum extent allowed by applicable law and
without affecting your rights as a Investor, you acknowledge and agree
that the Services are provided by Dividisas-is and you assume all risks
and liabilities arising from or relating to your use of and reliance upon
the Services, and that Dividis makes no representation or warranty with
respect thereto. Dividis hereby expressly disclaims all representations,
warranties and conditions regarding the Services, whether express or
implied, including any representation or warranty in regard to quality,
performance, non-infringement, commercial utility, merchantability or
fitness of the services for a particular purpose. In addition, Dividis
expressly disclaims any express or implied obligation or warranty of the
Services, that could be construed to require Dividis to provide Services
in such a manner to allow the Investor to comply with any law,
regulation, rule or court order applicable to the actions or functions of
the Investor. Without limiting the generality of the foregoing, we do not
warrant that the Service(s) will meet any or all of your needs; will operate
in all of the combinations which may be selected for use by you; or that
the operation of the Service(s) will be uninterrupted, error-free or
completely secure. No Dividis employee, supplier or subcontractor is
authorized to make any warranty on our behalf and if they make such
warranties Dividis shall not be bound by them.
d. Limitation of liability. To the maximum extent permitted by applicable
law, and without affecting your rights as a Investor, you agree that you
will not under any circumstances, including negligence, hold Dividis, its
officers, directors, employees, licensors, agents, subcontractors and/or
third party service providers liable for any direct or indirect damages of
any nature and type suffered by the Investor of third parties, including,
but not limited to, damages for loss of profits, cost savings, revenue,
business, data or use, or any other pecuniary loss that may result from:
delays, malfunctions, suspension and any other interruption in the
provision of the Service(s) due to events beyond our reasonable control
(for example: force majeure, third party conduct/acts, including Dividis
his licensors and suppliers, faults and malfunctions of the machines,
software and other equipment, whether owned by us or our
licensors/suppliers; acts and/or omissions made by Investors and in
contrast with the obligations undertaken under these TOS); data loss
due to hardware or software failure; any information, data, content in or
accessed through the Services; any action, information or instruction
provided as part of our technical support Services; your use of the
Service(s). You agree that the foregoing limitations apply whether based
on warranty, contract or tort or any other legal theory and apply even if
we have been advised of the possibility of such damages. In no event,
we will be liable to you in the aggregate with respect to any and all
breaches, defaults, or claims of liability under these TOS or under any
other agreement or document for an amount greater than the fees
actually paid by you to us for the respective Service(s) during the twelve
month period preceding a claim giving rise to such liability. Some
jurisdictions do not allow the limitation or exclusion of liability for
incidental or consequential damages. You agree that in those
jurisdictions, our liability will be limited to the extent permitted by law
and your rights as a Investor will not be affected.
c. Nothing in this Agreement purports to exclude or limit the Investor’s
liability for death or personal injury as a result of its negligence, fraud
or fraudulent misrepresentation or any liability that cannot be
excluded by law.
d. The Investor acknowledges and agrees to indemnify, defend and hold
harmless Dividis defend, fully compensate us, our affiliates,
subsidiaries, parent and related companies, licensors and any
third-party service providers and each of their respective officers,
directors, employees, shareholders and agents (each an "indemnified
party" and, collectively, "indemnified parties") from and against any
and all claims, damages, losses, liabilities, suits, actions, demands,
proceedings (whether legal or administrative), and expenses
(including, but not limited to, reasonable attorneys’ fees) threatened,
asserted, or filed by a third party against any of the indemnified
parties arising out of or relating to: (i) your use of the Services; (ii)
any violation by you of these TOS, our policies or documents which
are incorporated herein, or any law; (iii) any breach of any of your
representations, warranties or covenants contained in these TOS;
and/or (iv) any acts or omissions by you. The terms of this section
shall survive any termination of these TOS.
e. You agree not to hold Dividis as the owner of
www.boostingthemovement.com liable for any technical problems,
system failures and malfunctions, communication line failures,
equipment or software failures and system access issues, and other
similar computer problems and defects. Dividis LLC does not
guarantee that you will be able to access the site at any time and any
geographical location.
12. THIRD PARTY LINKS
12.1 Our site and Services may contain link(s) to other websites operated by or
with content provided by third parties. You understand and agree that Dividis
has no control over any such third-party websites or their content and will have
no liability arising out of or related to your use of any third-party websites or
their content. Dividis shall not bear any responsibility for any legal documents
(agreements, terms and conditions, policies etc), content and practice of any
third-party websites. The existence of any third-party links does not constitute
endorsement of such websites, their content, or their operators. Dividis
includes these links only for your convenience.
12.2. You acknowledge and agree that third-party links on our website may
contain affiliate tracking and Dividis may collect a share of sales or other
compensation from such links.
13. TERM AND TERMINATION DIVIDIS
13.1. Without prejudice to the provisions laid down in other clauses of thеsе
TOS, Dividis shall be allowed to terminate this Agreement with or without
notice with immediate effect if (i) the Investor fails to pay any fees due; (ii) the
Investor breaches these TOS, our Acceptable Use Policy or any other policy
incorporated herein by reference, or any law and fail to cure that breach within
48 hours after receipt of written notice; (iii) the Investor repeatedly infringe any
policy incorporated herein or announced on our website; (iv) in case of any
action and/or omission, failure and/or malfunction caused by the Investor
which damage Dividis reputation (iv) the Investor discloses false or misleading
allegations that may negatively impact our reputation and (v) transfer all or part
of your obligations and/or rights under this Agreement to third parties, without
our prior written consent.
14. COMPLAINTS
If for any reason you are not satisfied with our Services, you may send your
complaint to us via: (1) email at rehuel@dividis.io
We will take care to review, investigate and respond to any complaint(s) fairly
and thoroughly. All complaints must be in writing and clearly indicate the name
and contact details of the complainant. If you have relevant documentary
evidence to support your complaint, it should be еnclosed to the complaint.
Evidence submitted should be as concise as possible and relevant to the
complaint.
Complaints made over the phone shall be recorded, but wherever possible,
should be confirmed in writing. Anonymous complaints will not be reviewed.
When you submit a complaint, Dividis will acquire any and all personal data
included in the complaint. In order to follow up on your complaint, Dividis may
need to provide your complaint enclosed with evidence to a person subject of
the complaint and third parties as consultants and subcontractors. Dividis
shall process all personal data included in the complaints in compliance with
our Privacy Policy.
Dividis will respond in seven business days from receipt of the complaint. If
the complaint requires more detailed investigation, you will receive an interim
response describing what is being done to deal with the matter, and when you
can expect a final reply
15.GENERAL
15.1. Assignment: The Investor shall not be entitled to assign, transfer or
delegate to a third party, any rights or obligations of the Investor arising under
this Agreement. Dividis however shall be entitled to assign the benefit (subject
to the burden) of this Agreement without notice to or consent from the
Investor. However any such assignment will not affect the current
arrangements of the Investor and the commitments given in the current
contract.
15.2. Notices: Any notice required or permitted to be given by either party to the
other under this Agreement shall be in writing and may be given either
personally or by email or by facsimile transmission or by post. Notice to
Dividis LLC delivered in person or by post must be to the address of DIVIDIS,
Any notices served on the Investor to the details provided by the Investor at
the time of executing the contract shall be deemed as correctly notified.
15.3. Set-off: Dividis reserves the right to set off any indebtedness of the
Investor to Dividis LLC against any indebtedness of Dividis LLC to the
Investor.
15.4. No waiver: No waiver by Dividis LLC of any provisions of this Agreement
or any of its rights under this Agreement shall have effect unless given in
writing and signed by any director of the Dividis. Dividis rights shall not be
prejudiced or restricted by any concession, indulgence or forbearance
extended to the Investor.
15.5. Cumulative remedies: No remedy conferred by any of the provisions of
this Agreement is intended to be exclusive of any other remedy, except as
expressly provided, and each and every remedy shall be cumulative and shall
be in addition to every other remedy given under this Agreement or now or
hereafter existing in law or
in equity or by statute or otherwise.
15.6. Headings: The headings in this Agreement have been inserted for
reference only and do not affect their interpretation.
15.7. Relationship: Nothing in this Agreement shall create a relationship of
partnership between Dividis LLC and the Investor or give the Investor any
estate or interest in the APP. At all times it is a client-seller relationship and
Investor collects royalties and pays personal income tax on it as an
independent contractor.
15.8. Severability: The provisions contained in each clause, and sub-clause of
this Agreement shall be enforceable independently of each of the others and
its validity shall not be affected if any of the others is invalid. If any of those
provisions is void but would be valid if some part of the provisions were
deleted, the provision in question shall apply with such modification as may be
necessary to make it valid.
15.9. Supplementary regulations and instructions: Notwithstanding any other
provision of this Agreement, Dividis LLC reserves the right to issue
supplementary regulations or instructions in addition to those in this
Agreement to ensure smooth management of the Package. Any additional
written regulations or instructions shall be deemed to form part of these terms
and conditions and shall be binding on the Investor.
5.10. Force Majeure. With the exception of Investor’s payment obligations,
neither Party will be responsible for any interruption, delay or other failure to
fulfill any obligation under this Agreement resulting from acts of God, storms,
flood, riots, fire, acts of civil or military authority, war, terrorism, epidemics,
pandemics, shortage of power, telecommunications or internet service
interruptions or other acts or causes reasonably beyond the control of that
Party.
In the event of an occurrence of a Force Majeure, the Party whose performance
is affected thereby shall give to the other Party notice of suspension as soon
as reasonably practicable, stating the date and extent of such suspension and
the cause thereof, and such Party shall resume the performance of such
obligations as soon as reasonably practicable upon the cessation of such
Force Majeure and its effects.
During a Force Majeure event, you shall be entitled to seek an alternative
hosting provider at your own cost with respect to the affected Services. If a
Force Majeure event continues to exist for more than twenty (20) consecutive
days, each Party shall be entitled to terminate the Agreement for affected
Services.
16.CHANGE OF TOS
Dividis may modify these TOS at any time with immediate effect. We will inform
you about modifications to the TOS by email. Dividis shall not be liable for your
failure to receive an email notification due to an inaccurate email address.
If you do not agree to the changes in the TOS, you must suspend use of the
Services and terminate this Agreement within ten (10) business days of
receiving notification from us.
To the extent permitted by applicable law, continued use of the Services after
you have received a notice for changes to the TOS will be considered as
acceptance of such changes and in force in the agreement between the user
and Dividis, unless you have sent us a termination notice.
Where the change in Terms is required by law or related to the addition of a
new service, extra functionality or any other change which neither reduces
your rights nor increases your responsibilities, the TOS will be changed
without prior notice to you and shall have immediate effect.
No clarification or explanation of the Terms provided by the Parties will have
the power to modify the provisions of these TOS