© All rights reserved Cyber Secure Central 2019
- CYBER SECURE CENTRAL ACCOUNTS
Section 1 outlines what you must agree to before using the Site or Site Services and the different types of accounts that can be created on the site, as detailed below
REGISTRATION AND ACCEPTANCE
By signing up for an account to use the Site or site Services (an ‘’Account”), by using the Site or Site Services after the effective date if you had an Account on the effective date, or by clicking to accept the Terms of Service when prompted to do so on the Site, you agree to abide by this Agreement and the other Terms of Service.
If you create an account as an employee or agent on behalf of a company, you represent and warrant that you possess the authority to enter into binding contracts, including the Terms of Service, on behalf of yourself and the company.
- ACCOUNT ELIGIBILITY
To register for an Account or to use the Site and Services, you must, and hereby represent that you (a) have or are an employee or agent of and authorized to act for an independent business ( as a self-employed individual/sole proprietor or as a corporation, limited liability company, or other entity) ;or (b) will use the Site and Site Services for purposes designated by Cyber Secure Central only; (c) will comply with any and all licensing , registration, or other requirements with respect to your business, or the business for which you are acting, and the provision of Services; and (d) a legal entity or an individual 18 years or older ( or have otherwise reached the age of majority in the jurisdiction in which you conduct business) who can form enter into legally binding contracts.
- ACCOUNT PROFILE
To register for an Account to join the Site, you must complete a User Profile (“Profile”), which you consent to be shown to other Users, the public. You pledge to provide true, accurate, and complete information on your Profile and all registration and other forms you access on and/or through the Site or provide to us and to update your information to maintain its truthfulness, completeness and accuracy. You agree not to provide any false or misleading information about your identity or location, your business, your skills, or the services your business provides and to correct any such information that is or becomes false or misleading.
- ACCOUNT TYPES
There are three Account types: Job Seeker Account, Employer Account and Forum User Account. You agree not to have or register for both a Job Seeker Account and an Employer Account without express written permission from us. Cyber Secure reserves the right to revoke the privileges of an Account or access to or use of the Site or Site Services, and those of any and all linked Accounts without warning if, in our sole discretion, false or misleading information has been provided in creating, marketing, or maintaining your Profile or Account.
1.4. JOB SEEKER ACCOUNT
You can register for an account or add an account type to use the Site and Site Services as a Job Seeker (a “Job Seeker Account”).
1.4. EMPLOYER ACOUNT
You can register for an Account or add an Account type to use the Site or Site Services as an Employer (an “Employer Account”)
1.4. FORUM USER ACCOUNT
You can register for an Account or add an Account type to use the Site or Site Services as a Forum User (a “Forum User Account”)
- ACCOUNT PERMISSIONS
You agree not to request or allow another person to create an account on your behalf, for your use or benefit, except that an authorized employee or agent may create an account on behalf of your business. By granting other Users permissions under your account, you are financially liable for the User’s actions taken in accordance with those permissions, including, if applicable, entering into binding contracts on behalf of the owner of the account and you are fully responsible and liable for any action of any User to whom you have provided any permissions and any other person who uses the Account, including making payments and entering into Service Contracts and the Terms of Service. If any such User violates the Terms of Service, it may affect your ability to use the Site. Upon closure of an Account, Cyber Secure Central may close any or all related Accounts.
- IDENTITY AND LOCATION VERIFICATION
When you register for an account and at any time thereafter, your Account will be subject to verification, including, but not limited to, validation against third party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of your business on Cyber Secure Central. You authorize Cyber Secure Central, directly or through third parties, to conduct any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must promptly provide us with complete information about yourself and your business.
- USERNAMES AND PASSWORDS
When you register for an Account, you will be asked to choose a username and password for the Account. You are solely responsible for safeguarding and maintaining the confidentiality of your username and password and agree not to share your username or password with any person who is not authorized to use your Account. You authorize Cyber Secure Central to assume that any person using the Site with your username and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any account. You further agree not to use the Account or log in with the username and password of another User on the Site if you are not authorized to use either or the use would constitute a violation of the Terms of Service.
- Purpose of Cyber Secure Central
This site is a one stop station providing: (a) Cyber Security Training, (b) Cyber Security consultancy, services and solutions, (c) a forum for Cyber security experts and enthusiasts to discuss and exchange news and ideas of interest in today’s age of information and technology, (d) website development and marketing and (e) a marketplace for Cyber Security and other tech job seekers and employers to find each other and receive the highest quality of HR support. Subject to the Terms of Service, Cyber Secure Central provides the Site Services to Users, including hosting and maintaining the Site, facilitating the hiring process, formation of Service Contracts and assisting Users in resolving disputes which may arise in relation to those Service Contracts. When a user enters a Service Contract, the User uses the Site to invoice and pay any amounts owed under the Service Contract. Payments for freelance work acquired by employers on our Site will not be completed outside of the Site, Cyber Secure Central will act as an intermediary between the Employer and Job Seeker, and assumes responsibility for transferring owed funds to freelancers in a timely manner in compliance with our Terms of Service.
- RELATIONSHIP WITH CYBER SECURE CENTRAL
Cyber Secure Central makes the Site and Site Services available to enable Users to find and acquire services, training, news and information relevant to the fields of Cyber Security in specific, and technology in general. The Jobs section of the Site enables: (a) Job Seekers to find employment (whether as freelancers or full time employees) in the fields of Cyber Security as well as Technology in general, (b) Employers to find talented individuals seeking work in the fields of Cyber Security, as well as technology in general. Cyber Secure Central introduces Job Seekers to Employers, finds workers for employers or finds work for Job Seekers. Job Seekers and Employers acknowledge that they are responsible for (a) ensuring the accuracy and legality of their User content, (b) determining the suitability of other users for a Contract (employment or service) by conducting thorough interviews, vetting, background checks, or any similar action, (c) negotiating, agreeing to and executing any terms of or conditions of a Contract (employment or service). You further agree to not post on the Forum any indecent material, such as (a) pornography, (b) material which incites hatred, racism or violence, (c) job advertisements, (d) advertisements for goods or services, and (e) personal contact details such as phone numbers and email addresses.
- CONTRACTUAL RELATIONSHIP BETWEEN JOB SEEKERS AND EMPLOYERS
3.1 SERVICE CONTRACTS
If a Job Seeker and an Employer enter into a Service Contract, the Service Contract is a contractual relationship directly between the Employer and Job Seeker. Job Seekers and Employers have complete discretion both with regard to whether to enter into a service contract with each other and with regard to the terms of any service contract between them. You acknowledge and agree that Cyber Secure Central is not a party to any Service Contracts between Employers and Job Seekers, that the formation of a Service Contract between Job Seekers and Employers will not, under any circumstance create an employment contract between Cyber Secure Central and any Job Seeker or a joint venture/partnership between Cyber Secure Central and an Employer or Job Seeker.
3.2 DISPUTES AMONGST USERS
For disputes among Job Seekers and Employers (regarding freelance work), you agree to abide by the dispute process that is explained in Cyber Secure Central’s “Payment Policy”, that apply to your particular Service Contract. If the dispute process does not resolve your dispute, you may pursue your dispute independently, but you acknowledge and agree that Cyber Secure Central will not and is not obliged to provide any dispute assistance beyond what is provided in Cyber Secure Central’s “Policy”.
3.3 CONFIDENTIAL INFORMATION
Users may agree to any terms they deem appropriate with respect to confidentiality, between them, or with Cyber Secure Central. If and to the extent that the Users do not articulate any different agreement, then they agree that this section 3.3 (Confidentiality) applies.
To the extent a User provides Confidential information to the other or to Cyber Secure Central, the recipient will protect the secrecy of the discloser’s Confidential information with the same degree of care as it uses to protect its own confidential information, but in no event with less than due care . On a User’s written request, the party that received Confidential information will promptly destroy or return the disclosing part’s Confidential information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control.
3.4 THIRD PARTY BENEFICIARIES
It is the intent of the Parties to this Agreement that Users who have entered into Service Contracts or disclosed or received confidential information to another User are third party beneficiaries of this agreement with respect to this section,
- CYBER SECURE CENTRAL FEES
Section 4 lists fees you agree to pay to Cyber Secure Central for providing the Site and Site Services to you and what taxes Cyber Secure Central May Collect as described below.
- MEMBERSHIP FEES
Forum Users do not pay any membership fees, for registration, and use of the forum is free of charge. Users signing up to use the Jobs section of the Site, as either Job Seekers or Employers are not charged for initial registration. However those registering as Employers will have to sign up for an annual subscription and pay $99 (99 US Dollars) a month if they wish to unlock more than 5 Job Seeker CVs and continue benefiting from our HR services.
Job Seekers seeking full time paid employment on our Site will not be charged any service fees. Job Seekers seeking Freelance/Part Time work will be charged by Cyber Secure Central 2.5 percent (2.5%) of the total payment received by Cyber Secure Central from Employers for each Freelance/Part time project completed.
- VAT AND OTHER TAXES
Cyber Secure Central may be required by applicable law to collect taxes and/or levies, without limitation, withholding income tax or VAT. While VAT is referred to in some countries using terms such as GST, Cyber Secure Central will simply refer to VAT, GST, and any local sales tax collectively as “VAT” in the jurisdiction of the Site Users/Clients (the “Taxes”). Any such amounts Cyber Secure Central is required to collect or withhold for the payment of any such Taxes shall be collected on top of the fees owed to Cyber Secure Central under the Terms of Service.
- FEES FOR INTRODUCING AND FINDING PROJECTS/EMPLOYEES
Cyber Secure Central introduces Job Seekers to Employers, and does not charge Job Seekers for such introductions. Introductions resulting in a Job Seeker receiving full time employment incurs a fee, equivalent to the Job Seeker’s first monthly salary, this is charged to the Employer by Cyber Secure Central. Employers acknowledge that any full time employment contract entered into with a Job Seeker on the Site is subject to these terms.
- PAYMENT TERMS
Section 5 outlines your agreement to pay the Site for Services and Goods, and describes how Cyber Secure Central’s Payment System Works, however this is not an exhaustive description, what happens if a Client does not pay, and relevant topics, as detailed below.
- CYBER SECURE CENTRAL SERVICES
Cyber Secure Central is a Tbilisi, Georgia, company organized and existing under the laws of Georgia, registered under identification number 405312692. Cyber Secure Central provides Cyber Security training and services advertised on the Site, and acts as a Human Resources Site catering to Job Seekers and Employers seeking workers/work in the Cyber Security and technology industries.
- PAYMENT AGREEMENTS AND INSTRUCTIONS
Cyber Secure Central will use and release funds deposited in its account by Employers only in accordance with this agreement and applicable instructions. You acknowledge and agree that in its capacity as an industry specific Human Resources Site Cyber Secure Central acts as an agent for Employers or Job Seekers. If an Employer authorizes or instructs Cyber Secure Central to release or make a payment of funds from an account associated with the Employer, Cyber Secure Central may release or pay those funds as instructed in reliance on the Employer’s authorization, this Agreement, and the applicable instruction. In addition Cyber Secure Central may release or pay such funds held as required by applicable law.
Payment for Cyber Security Central’s Services/products can be completed on the Site’s electronic commerce store, via bank transfer or banker’s cheque. Cyber Secure Central reserves the right to decide at its sole discretion to not accept a certain method of payment, in favour of another. Cyber Secure Central may accept payment in cash for certain select customers and/or where this method is more convenient for the Services provided such as, but not limited to some tailor made training courses. Specific contracts will be drafted by Cyber Secure Central for each Client depending on the agreement and relevant instructions. Contracts between Cyber Secure Central and Clients may variate some of the terms of this Agreement.
In order to use certain Site Services, the User must provide account information for at least one valid Payment Method.
By providing Payment Method information through the Site and authorizing payments with the Payment Method, the Client doing so represents, covenants and warrants that : (a) The Client possesses the legal authority to provide such information; (b) The Client is legally authorized to make payments using the Payment Method(s); (c) if the Client is an employee or an agent of a company or person that owns the Payment Method, that the Client is authorized by the respective owner to use the Payment Method to make payments to Cyber Secure Central; and (d) such actions do not directly or indirectly constitute a violation of the terms and conditions applicable to the Client’s use of such Payment Method(s) or applicable law. When a Client authorizes a Payment using a Payment Method via the Site, the Client doing so represents and warrants that there are sufficient funds or credit available to complete the Payment using the designated Payment Method. As far as any amounts owing under this Agreement or the other Terms of Service/Contracts cannot be collected from the Client’s Payment Method (s), the Client is solely responsible for paying such amounts by other means.
The use of any Payment Method may be limited by applicable law or by written agreement with your financial institution, Cyber Secure Central is not liable to any User if Cyber Secure Central does not complete a transaction as a result of any such limit, or if a financial institution fails to honour any credit or debit to or from an account associated with such Payment Method. Cyber Secure Central pledges to make commercially viable efforts to work with any such affected User to resolve such transactions in a manner consistent with spirit of this Agreement and any applicable other agreements.
- US DOLLARS AND FOREIGN CURRENCY CONVERSION
The Site and Site Services operate in US Dollars. If a Client’s Payment Method happens to be denominated in a currency other than U.S. Dollars and requires currency conversion to make payments in US Dollars, the Site may display foreign currency conversion rates that Cyber Secure Central, or our Affiliates currently make available for the conversion of supported foreign currencies to US Dollars. These foreign currency conversion rates adjust, based on market conditions, on a regular basis. The wholesale currency conversion rates at which Cyber secure Central or its affiliates obtains foreign currency may be different that the foreign currency conversion rates offered on the Site.
- NON CIRCUMVENTION
Section 6 is relevant to Employers using the Jobs section of the Site. It discusses your agreement to only make payments to the Freelancer you meet through the Site, for two years from the date you first meet your Freelancer Job Seeker. You may Opt OUT of this obligation by paying an Opt Out Fee, as stipulated below.
- MAKING PAYMENTS THROUGH CYBER SECURE CENTRAL
For twenty four (24) calendar months from the time you identify a Freelance Job Seeker through the Site ( the “Non Circumvention Period”), you agree to use the Site as your exclusive method to make all payments for work directly or indirectly with that party or arising out of your relationship with that party (the “Cyber Secure Central Relationship”). The non circumvention period will generally not apply if you, or the business you represent, did not identify and were not identified by the Freelance Job Seeker through the Cyber Secure Central, for example if you and a Job Seeker registered on our Site worked together before meeting on our Site. If you are using or have used the Site as an employee, agent or representative of another business, then the Non Circumvention Period will apply to you and other employees, agents, or representatives of the business acting in the capacity of Employer with respect to a Freelance Job Seeker.
Except when you pay the Opt Out Fee (refer to Section 6.2) you agree and commit to not circumvent the Payment Methods offered by Cyber Secure Central on the Site, advertised by the Site, or stipulated by written agreement with Cyber Secure Central. For illustrative purposes , and not in limitation of the aforementioned, you agree to not:
- Submit proposals or solicit Freelance Job Seekers introduced through the Site to contract, work with, or pay outside the site.
- Accept proposals or solicit Freelance Job Seekers introduced through the Site to contract or receive payment(s) outside the Site.
(c) Report on the Site or in an Opt Out Fee request a payment amount lower than that actually agreed between you and a Freelance Job Seeker.
(d)Refer a Freelance Job Seeker introduced through the Site to a third party who is not registered to use the Jobs section of the Site for the purposes of making payments off the Site.
You pledge to notify Cyber Secure Central with immediate effect if a Freelance Job Seeker suggests to you making payment outside of the Site in violation of this Section 6.1. If you are aware of a breach or have reason to suspect a potential breach of this non circumvention provision, you are required to provide Cyber Secure Central with a confidential report by sending an email to [email protected].
If you refuse to accept a new version of the Terms of Service or elect non compliance with certain conditions of using our Site, such as rates on the Site, and thus choose to cease using the Site, you are obligated to pay the Opt Out Fee for each Freelance Job Seeker you wish to work with or continue working with on whichever terms you agree on after you cease use of the Site.
- OPTING OUT
You may opt out of the obligation stipulated by Section 6.1 with respect to each Cyber Secure central Relationship with a Freelance Job Seeker only if you pay Cyber Secure Central an Opt Out fee for each such relationship.
The Opt Out Fee is calculated as follows:
- Interest at the rate of fifteen percent (15%) per annum or the maximum rate applicable law permits , whichever is less, on the amount calculated in Section 6.2(B) below, from the date you first make payment to the Freelance Job Seeker until the date the Opt Out Fee is paid; plus
- Whichever is greater: three thousand US Dollars ($3000), or twenty five percent (25%) of the anticipated annualized amount earned by the Freelance Job Seeker from the Employer during the most recent normalized two calendar months period , or during such shorter period as far as data is available to Cyber Secure Central; provided that the latter 25 percent cannot be reasonably calculated simply owing to either uncertainty and/or lack of sufficient necessary information, then Cyber Secure Central and You agree that fee shall be the former $3000.
To pay the Opt Out Fee, you must request instructions by sending an email to [email protected]. If Cyber Secure Central determines, in its sole discretion, that you have violated Section 6, Cyber Secure Central, or its affiliates may, as far as law permits charge your Payment Method the Opt Out Fee including applicable interest or invoice you for the Opt Out Fee including interest , which you agree to pay within thirty (30) calendar days, and Cyber Secure Central reserves the right to close your Account and revoke your authorization to use the Site and Site Services, and or charge you for all losses and costs directly and causally linked to the violation.
- RECORDS OF COMPLIANCE
Section 7 outlines your agreement to make and keep any and all required records, as detailed below.
Site Users will each (a) create and maintain records documenting compliance with their obligations under this Agreement respectively, and (b) provide Cyber Secure Central with such records when requested to do so by Cyber Secure Central. Nothing in this section requires or will be construed to expressly or impliedly require Cyber Secure Central to monitor or supervise a User’s compliance with this Agreement, any other terms of Service or Contract that creates directly or indirectly legal relations with Cyber Secure Central or results in the incurrence of legal obligations towards Cyber Secure Central. The onus of responsibility is solely on you for creating, storing, maintaining and backing up your business records. This Agreement and any registration for or subsequent use of the Site will not be construed as a shift of the burden of responsibility from the User to Cyber Secure Central in respect of storing, maintaining backing up and granting access to any information or date, irrespective of any time period or circumstance.
Section 8 confirms your agreement and highlights your understanding that the Site and Site Services may not always be available or work perfectly, as detailed below.
YOU AGREE NOT TO RELY ON THE SITE, THE SITE SERVICES, ANY INFORMATION ON THE SITE OR THE CONTINUATION OF THE SITE. THE SITE AND THE SITE SERVICES ARE HEREBY PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. CYBER SECURE CENTRAL MAKES NO WARRANTIES OR REPRESENTATIONS WITH REGARD TO THE SITE, SITE SERVICES, WORK PRODUCTS, OR ANY ACTIVITIES OR ITEMS RELATING TO THIS AGREEMENT OR THE TERMS OF SERVICE. AS FAR AS PERMITTED BY APPLICABLE LAW, CYBER SECURE CENTRAL DISCLAIMS ALL EXPRESS AND/OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES SUCH AS, BUT NOT LIMITED TO , WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT. WHERE A CERTAIN JURISDICTION MAY NOT ALLOW FOR ALL THE AFOREMENTIONED LIMITATIONSON WARRANTIES, SOME OR ALL OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. SECTION 13 (TERM AND TERMINATION) PROVIDES THAT A USER’S SOLE REMEDY AGAINST CYBER SECURE CENTRAL WITH RESPECT TO ANY EFFECTS, NON CONFORMANCES, OR REASONABLE DISSATISFACTION.
- LIABILITY LIMITATION
Section 9 discusses your consent that Cyber Secure Central generally will not have to pay you damages relating to your use of the Site and Site Services. Furthermore if Cyber Secure Central has to, it will be required to pay you $2000, as detailed below.
Cyber Secure Central is not liable, and you pledge to not hold us responsible, for any damages or losses directly or causally linked to the Terms of Service, including but not limited to:
- your use, ability to either use and/or inability to use the Site and Site Services;
- delays or disruptions to the Site or Site Services;
- Viruses or other malicious software obtained by accessing, or linking to, our Site or Site Services;
- Glitches, bugs, errors and/or inaccuracies of any kind in the Site or Site Services;
- Damage to your hardware device from the use of the Site or Site Services;
- The content, actions and/or inactions of third parties’ use of the Site or Site Services;
- A suspension or other disciplinary or such action taken with respect of your Account;
- Your reliance on the quality, accuracy or reliability of postings , profiles, ratings, recommendations and feedback including their order, content and display, composite information or metrics found on, used on and/or made available through the Site; and
- Your need to modify any practices, content and/or behavior or your loss of or inability to do business, as a direct or indirect result of changes to the Terms of Service.
FURTHERMORE UNDER NO CIRCUMSTANCES OR EVENTUALITY WILL CYBER SECURE CENTRAL, OUR AFFILIATES, OR OUR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY PARTICULAR, CONSIQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT COSTS OR DAMAGES , INCLUDING, BUT NOT LIMITED TO ; LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA AND/OR INFORMATION, LOSS OF PRODUCTION, LOSS OF PROFIT AND/OR LOSS OF BUSINESS OPPORTUNITIES. CYBER SECURE CENTRAL’S LIABILITY , THE LIABILITY OF OUR AFFILIATES, THE LIABILITY OF OUR LICENSES, AND THE LIABILITY OF OUR THIRD PARTY SERVICE PROVIDERS TO ANY USER FOR ANY CLAIM ARISING OUT OF A DIRECT OR CAUSUAL LINK WITH THIS AGREEMENT OR ANY OTHER TERMS OF SERVICE WILL NOT EXCEED $2000. THIS LIMITATION WILL APPLY TO ANY LIABILITY ARISING FROM ANY CAUSE OF ACTION WHATSOVER ARISING FROM OR IN RELATION TO THIS AGREEMENT OR ANY OTHER TERMS OF SERVICE, WHETHER IN CONTRACT, TORT/NEGLIGANCE, STRICT LIABILITY OR OTHERWISE , EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND/OR EVEN WHEN THE LIMITED REMEDIES PROVIDED HERE FALL SHORT OF THEIR ESSENTIAL PURPOSE . THESE AFOREMENTIONED EXCLUSIONS AND LIMITATIONS, PARTLY OR ENTIRELY, WILL ONLY APPLY TO YOU IN SO FAR AS APPLICABLE JURISDICTION LAW PERMITS.
Section 10 highlights your agreement to not hold us responsible for any dispute you may have with another User, as outlined below.
In addition to recognizing that Cyber Secure Central is not a party to any contract between Users, you hereby release Cyber Secure Central, our Affiliates, and our respective officers, directors, managers, agents, subsidiaries, joint ventures, employees and service providers from any claims, demands, actual damages and consequential damages, regardless of kind and/or nature, known and unknown, arising directly or causally from any and all disputes you have with another User, whether at law or in equity that exists as of the time you enter into this Agreement. This release includes, for example and without limitation, any dispute(s) relating to and/or regarding the performance, functions and quality of work performed by Job Seekers for Employers and request(s) for refunds based upon such disputes. This release however, will not apply to a claim that Cyber Secure Central failed to meet our commitment under the Terms of Service.
Section 11 discusses your consent to pay for any cost or losses we have resulting either directly and/or causally from a claim brought against us related to your use of the Site and/or Site Services or your illegal or harmful conduct , as set out below.
You will indemnify, defend and hold harmless Cyber Secure Central , our Affiliates, our directors respectively, officers, employees, agents and representatives ( severally and/or collectively ) for all indemnified liabilities , directly or causally linked to:
- The use of the Site and/or the Site Services by you and/or your agents , extending to and including any payment obligations or default ( Non Payment ) incurred through use of Site Services;
- Any service contract entered into by you or your agents with other Users, including but not limited to the classification of a Freelance Job Seeker as an independent contractor; any employment related claims, such as claims relating to employment discrimination, employment harassment, employment termination or retaliation; and any claims for unpaid wages, other compensation, sick pay, overtime pay, holiday benefits, retirement benefits, unemployment benefits and/or any other employee benefits;
- Failure to honour the Terms of Service by you and/or or your agents;
- Lack of compliance with applicable law;
- Negligence, willful misconduct, or fraud by you and/or your agents; and
- Defamation, libel, privacy right violation, unfair competition or infringement of intellectual property rights, including allegations thereof to the extent caused by you and/or your agents.
For the purposes of this Section 11, your agents include any individual or legal entity who has apparent authority to access and/or use your account demonstrated by using your log in credentials ( username and password ).
- TERM AND TERMINATION
Section 12 outlines your and Cyber Secure Central’s agreement concerning the entry into force and duration of this Agreement, when and how either party can end this Agreement , and what happens if either party ends the Agreement, as set forth below.
Unless both you and Cyber Secure Central agree to the contrary in writing, either party may terminate this Agreement at its sole discretion, at any time, without any explanation, by and upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided for herein. You may provide written notice to [email protected] . In the event of proper termination of this Agreement, your right to use the Site and Site services is automatically revoked, and your Account will be closed. However you understand and recognize that termination of this Agreement or any attempt to terminate this Agreement does not terminate or otherwise affect any Service Contract or Project entered into between Users. If you attempt to terminate this Agreement while having one or more open Projects, you consent to the following: (a) You hereby instruct Cyber Secure Central to close any open contracts; (b) you will continue to be bound by this agreement and the other Terms of Service until all such Projects have been closed on the Site; (c) Cyber Secure Central will continue to perform those Site Services necessary to complete any open Project or related transactions between you and another user; and (d) you will continue to be bound to pay any amounts accrued, but unpaid as of the date of termination or as of the closure of any open Contracts, whichever is later, to Cyber Secure Central for any Site Services and/or any such other amounts owed under the Terms of Service.
Without limitation to Cyber secure Central’s other rights and/or remedies , we may, but are not obligated to, temporarily or indefinitely revoke access to the Site or Site Services, deny your registration, or permanently revoke your access to the Site and refuse to provide any or all Site services to you if : (a) you breach any of the terms and conditions of this Agreement or any other provisions of the Terms of Service; (b) we suspect or become aware that you have provided false or misleading information on our Site or to us; or (c)we, in our sole discretion, believe that your actions may cause legal liability for you, our Users, or Cyber secure Central or our Affiliates ; may be contrary to the interests of the Site or the User community; or may involve activity that is or may be illicit and/or illegal. If your Account is temporarily or permanently closed, you may not use the site under the same Account or a different Account or register under a new Account without Cyber Secure Central’s prior written consent. If you attempt to use the site under a different Account, we reserve the right to reclaim available funds in that Account and/or use an available Payment Method to pay for any amounts owed by you as far as applicable law permits.
- ACCOUNT DATA ON CLOSE
Expect where law requires otherwise, if your Account is closed for any reason, you will no longer have access to data, messages, files and other material you keep on the Site and that any closure of your Account may involve deletion of any content which has been or is stored in your Account for which cyber Secure Central will have no liability whatsoever. Cyber Secure Central, in its sole discretion, and as permitted or required by law may keep some or all of your account information.
After the termination of this Agreement, the terms of this Agreement and the other Terms of Service that contemplate performance after this Agreement terminates or expires (expressly or by their nature) will survive and continue with full force and effect. Without limitation to any other provisions of the Terms of Service, the termination of this Agreement for any reason will not release you or Cyber Secure Central from any obligations incurred prior to the termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination.
- DISPUTES BETWEEN YOU AND CYBER SECURE CENTRAL
Section 14 discusses your agreement with Cyber Secure Central and our agreement with you concerning how we will resolve disputes, including that we will both first try to resolve any dispute informally.
- CHOICE OF LAW
- INFORMAL DISPUTE RESOLUTION
Before bringing a Claim in a court of law, you and Cyber Secure Central agree to first notify each other of the Claim. You agree to notify Cyber Secure Central of the Claim by email to [email protected], and Cyber Secure Central agrees to notify you by email to your email address on file. You and Cyber Secure Central will then seek informal voluntary resolution of the Claim. Any Notice must include relevant account information, a brief description of the Claim, and contact information, so that you or Cyber Secure Central, as applicable, may evaluate the Claim and attempt to informally resolve the Claim. Both you and Cyber Secure Central will have sixty (60) days from the date of delivery of the Notice to informally resolve the other party’s Claim, which, if successful, will negate the need for further action.
Section 15 depicts additional terms of the agreement between you and Cyber Secure Central, including that the Terms of Service contain our full agreement, how the agreement will be interpreted and applied, and your agreement to not access the Site from certain locations, as set out below.
- ENTIRE AGREEMENT
This Agreement, together with the other Terms of Service, sets forth the entire agreement and understanding between you and Cyber Secure Central relating to the subject matter hereof and thereof and cancels and suspends any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us, written or verbal, to the extent they relate in any way to the subject mate hereof and thereof. The section headings in the Terms of Service are interred for ease of reference, solely, and as such have no binding effect. Even though Cyber Secure Central drafted the Terms of Service, you submit that you have had sufficient time to review and decide whether to agree to the Terms of Service. If an ambiguity or question of intent or interpretation of The Terms of Service arises, no presumption nor burden of proof will arise favoring or disfavoring you or Cyber Secure Central because of the drafting of any provision of the Terms of Service.
No modification or amendment to the Terms of Service will be binding upon Cyber Secure Central unless in contained in a written instrument signed by an authorized representative of Cyber Secure Central or posted on the Site by Cyber Secure Central. Our failure to act or act promptly to a breach by you or other Users does not waive our right to act with respect to successive or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
A User may not assign the Terms of Service, or any rights or obligations within, without Cyber Secure Central’s prior written consent in the form of a written instrument signed by an authorized representative of Cyber Secure Central. Cyber Secure Central may freely assign this Agreement and the other Terms of Service without a User’s consent. Any attempted assignment or transfer of this subsection, consequently, will be null and void. The Terms of Service, subject to the aforementioned restrictions, are binding upon and will condition to the benefit of the heirs, successors and permitted assigns of the parties.
If and to the extent and provision of this Agreement or the other Terms of Service is held illegal, invalid or unenforceable in whole or in part under applicable law , such provision or such segment thereof will be ineffective as to the jurisdiction in which it is deemed illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be therefore considered modified as far as conformity with applicable law necessitates so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the illegality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.
- force majeure
The parties to this Agreement will not be responsible for the failure to perform or any delay in performance of any obligation herein for a reasonable period due to labour disturbances, vicissitudes of nature, fires, floods, earthquakes, volcanoes, telecommunications or internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party.
- PREVAILING LANGUAGE AND LOCAATION
The English language version of the Terms of Service will be prevail over any other translated versions in the case of any inconsistencies. The Site is controlled from our facilities in Georgia.
- CONSENT TO USE ELECTRONIC RECORDS