Terms and Conditions

Please read these terms and conditions carefully before using Our Service.

Content

A. Purchase of services (client) via eServSol-APP

B. Sales of services (contractors) via eServSol-APP

A. Purchase of services (client) via eServSol-APP

Our General Terms and Conditions (hereinafter referred to as “GTC”) govern your rights and obligations when using eServSol. We object to the validity of conflicting terms and conditions.

We reserve the right to amend the terms and conditions accordingly. The amended terms and conditions are valid according to the statutory deadlines. If the client does not accept the new terms and conditions, he is free to exercise his right of termination in accordance with section 9.2. The search of contractors after sending the adapted terms and conditions represents an express, affirmative act in the consent of the adapted terms and conditions.

1. Operator and scope

1.1. The eServSol App (hereinafter referred to as the “Platform”) is operated by eServSol Corporation (hereinafter referred to as “we” or “us”). You can find more detailed information about us in our imprint. This Section A. of the General Terms and Conditions (hereinafter referred to as “GTC”) applies to the use by consumers/customers of the platform for the purchase, i.e. online ordering, of various services (repairs, maintenance, etc.) Third party on the platform.

1.2. eServSol endeavors to forward only serious and accurate offers to the clients. The platform does not guarantee the seriousness or accuracy of the forwarded offer. The platform services include the merging and provision of communication as well as online payment processing

1.3. The platform assumes no liability whatsoever for the contents of the contract agreed between the client and the contractor or for corresponding breaches of duty by the contracting parties.

1.4. The terms and conditions are aimed at entrepreneurs and at consumers or end consumers (B2B and B2C).

1.5. Deviating and/or exceeding these General Terms and Conditions of the Customer shall not become part of the contract.

2. Contractual relationships on the platform

2.1. On the Platform, users (hereinafter referred to as “Clients” or “you”) may order services from third-party providers that are advertised on the Platform by these providers (hereinafter referred to as “Service Partners or Contractors”). The customer may not conclude the contract for a respective service with us, but with the service partner concerned.

3. Conclusion of the contract between client and service partner

3.1. The conclusion of contracts between client, contractor and eServSol on the platform is done in the following way:

3.2. The Client creates an order on the Platform (hereinafter referred to as the “Tender”). He specifies the advertisement according to various search criteria specified on the platform, such as place of activity, time window, area of activity (e.g. systems/machines, refrigeration/air conditioning technology or building services) or required qualifications of the service partner and also provides a more detailed description of the activity in its own words.

3.3. As an immediate order, the client is shown service partners in the corresponding radius that match the search criteria of the tender. At least the hourly rate and postal code of the respective service partners are displayed. The client can now select up to three service partners and submit a binding offer on the platform for the tendered contract with the proviso that the selected service partner who is the first to accept the offer on the platform will be awarded the contract. The client can withdraw the offer on the platform at any time – as long as it has not yet been accepted by one of the service partners.

3.4. When selecting the quotation function, a larger circle of service partners is activated, who in turn have the opportunity to submit corresponding offers to the client. Accordingly, the client has the option of selecting a service partner on the basis of the offers.

3.5. With the acceptance of the offer by one of the service partners on the platform (namely the first service partner to accept the offer on the platform), the contract for the service in question is concluded between the client and the service partner.

3.6. The client undertakes exclusively to use the eServSol chat system for written communication with the contractor. The client is prohibited from actively requesting the contractor to use alternative communication channels to the order agreement and to send contact information.

3.7. The client undertakes to send only files in the chat system that are used for contractual communication and are free of third-party rights. Otherwise, the client requires the consent of the person in question.

3.8. The client behaves in a factually professional manner towards the contractor. When executing the order, the client shall endeavour to adhere to agreements, agreed dates, price agreements and services discussed. The Client undertakes to inform the Contractor in good time of any changes to the agreements and shall actively endeavour to find an adequate solution.

3.9. Clients are not obliged to accept offers from the Contractor.

3.10. The contractor is free to submit an offer to the client.

3.11. Clients and contractors have the opportunity to file a complaint with eServSol about the other party if the other party violates a contractual or legal obligation. The platform strives to mediate between the contracting parties and acts as a dispute mediator. This has no legal effect.

3.12. The contract data will be stored in the respective user account of the parties.

4. User account and data information

4.1. When registering the user account, truthful and complete information must be provided with regard to all required information (including identity, address, telephone number and e-mail address). If certain qualifications must be available for the requested activity or are required by law, these must also be stated truthfully and completely. Data of third parties may not be used without their consent and the contractor shall ensure that, insofar as he deposits images, texts or data on his profile, he has the corresponding rights of use and does not violate legal regulations, the rights of third parties or these terms and conditions.

4.2. The contract of use is concluded with the acceptance of the registration by eServSol and runs for an indefinite period of time.

4.3. The client is prohibited from starting search queries that are not intended to place an order at a later date.

4.4. You are obliged to provide your access data, e.g. to treat your password confidentially, not to make it accessible to third parties, and to inform us immediately in the event of loss or unauthorized use of your access data.

4.5. The platform collects various data when mediating contractors and clients. On the one hand, this is personal data (within the meaning of Art. 4 No. 1 GDPR) and, on the other hand, further data relating to the order. In the course of the use or contract processing of the platform, the contractor and client receive access to the data. This data is the data that the client and contractor have voluntarily entered into their profile. Apart from data that must be passed on for the fulfilment of the contract, no further data will be passed on to third parties.

5. Payment to service partners and invoicing

5.1. Payment for a service partner ordered via the platform shall be made by the client via the platform to eServSol.

5.2. We provide the relevant invoice to the client via the platform. The client enters the information required for the proper creation of the invoice credit note on the platform.

5.3. The Client agrees that the Platform, the payment services are provided with the help of Stripe Payment (hereinafter referred to as “Stripe”) and are subject to Stripe’s agreements.

5.4. As a prerequisite for the client to be able to make use of the payment services of eServSol, the client agrees to provide complete and truthful information about himself and, if applicable, about his company to the platform. In addition, the client authorizes the platform to use the service provided for the billing of the service performed.

6. Remuneration for the use of the platform

6.1. For the use of the platform, we charge the client a commission for each mediated activity. Our claim to commission remuneration (vis-à-vis the client) arises upon conclusion of a respective contract between the client and a service partner on the platform. The brokerage commission results from the order amount and is displayed accordingly before each closing. In the case of immediate orders, travel costs may be charged individually and according to the corresponding hourly wage. The commission is due at the same time as the payment of the client for payment to us and paid to us via the platform.

6.2. We provide invoices/credits for our commission remuneration to the client via the platform.

7. Requirements for tenders

7.1. The project provider must ensure that the placement of its tenders on the platform does not violate relevant legal provisions. Among other things:

7.2. Pursuant to the General Equal Treatment Act (AGG), applicants may not be discriminated against on the grounds of race or ethnic origin, gender, religion or belief, disability, age or sexual identity,

7.3. Must tenders not violate the prohibition of unfair, misleading or otherwise anti-competitive advertising under the Unfair Competition Act (UWG),

7.4. Notices may not violate criminal law provisions.

7.5. The client shall ensure that the content posted by him on the platform in the context of tenders or its publication on the platform does not violate the rights of third parties, e.g. Infringement of naming rights, trademark rights (trademarks, design), copyrights or personal rights. The client assures that he can freely dispose of this content and that the rights of third parties do not conflict with this.

7.6. It is the sole responsibility of the client to check whether the contractor selected by him has the necessary qualifications for the performance of the contract or work and whether the offer includes all the services and quality features requested by the client. The platform does not guarantee the information provided by the contractor on its profile or in its offer.

8. Blocking of tenders and customer accounts

8.1. We are permitted to block tenders if we become aware of indications that the tender violates legal provisions, the rights of third parties or these terms and conditions. The block must be lifted as soon as the suspicion of the infringement has been dispelled. The following points can cause a block:

The client’s profile contains untrue and/or misleading information and content that infringes the rights of third parties, copyrights and trademark rights and/or content that violates applicable law.
If we become aware of a violation of Section 4.3
The client harasses, insults, threatens or otherwise interferes with the rights of the contractor.
The Client urges or requests the Contractor to use a communication system other than the Platform’s chat system or sends contact information.
There are repeated complaints from contractors, among other things because the client does not adhere to appointments, price agreements or services.
The client repeatedly submits inquiries that do not contain realistic or comprehensible orders.
The client does not comply with the requirements for combating undeclared work and illegal employment.

9. Termination

9.1. Each party is entitled to terminate the contract for the use of the platform at any time.

9.2. The client can have his user account closed at any time without giving reasons by sending an e-mail to support@eservsol.com. Upon receipt of the notification, the user account will be terminated within 10 working days. It is no longer possible to use the platform from the time of access.

9.3. The platform is entitled to block/terminate accounts without observing appropriate deadlines if the platform becomes aware that price agreements and orders will be continued outside the platform after initial contact.

10. Disclaimers and Limitations of Liability

The following applies to our liability for damages:

10.1. In the event of intent and gross negligence, including on the part of our vicarious agents, we shall be liable in accordance with the statutory provisions. The same applies to negligently caused damage resulting from injury to life, limb or health.

10.2. In the case of negligently caused property damage and financial loss, we shall only be liable in the event of a breach of an essential contractual obligation, but limited in amount to the damage foreseeable at the time of conclusion of the contract and typical for the contract; essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely.

10.3. In all other respects, any liability on our part, regardless of its legal basis, is excluded.

10.4. The exclusions and limitations of liability in paragraphs (1) to (3) above shall also apply mutatis mutandis in favour of our vicarious agents.

10.5. Liability due to the assumption of a guarantee or under the Product Liability Act remains unaffected by the exclusions and limitations of liability in paragraphs (1) to (4) above.

10.6. The platform acts as an intermediary of services and is therefore not liable for any claims or damages arising from a legal relationship between the client and the contractor or for lost orders.

10.7. The platform strives to avoid impairments or other restrictions on the use of the services if this is technically possible. However, due to further development and maintenance of the platform, there may be temporary restrictions on use.

11. Applicable law, place of jurisdiction

11.1. The place of jurisdiction in dealings with merchants, legal entities under public law or special funds under public law is the registered office of our company. However, we are entitled, at our discretion, to sue at the customer’s place of business.

11.2. As part of the complaint management system, the platform offers the contractor an opportunity to complain about the actions or actions of eServSol against the contractor. This service is free of charge for the contractor and can be reached at support@eservsol.com.

B. Sales of services (contractors) via the eServSol APP

Our General Terms and Conditions (hereinafter referred to as “GTC”) govern your rights and obligations when using eServSol. We object to the validity of conflicting terms and conditions.

We reserve the right to amend the terms and conditions accordingly. The amended terms and conditions are valid according to the statutory deadlines. If the contractor does not accept the new terms and conditions, he is free to exercise his right of termination in accordance with section 10.2. The acceptance of orders after sending the amended terms and conditions constitutes an express, confirmatory act in the consent of the adapted terms and conditions.

1. Operator and scope

1.1. The eServSol App (hereinafter referred to as the “Platform”) is operated by eServSol Corporation (hereinafter referred to as “we” or “us”). You can find more detailed information about us in our imprint. This Section B. of the General Terms and Conditions (hereinafter referred to as “GTC”) regulates the use of the Platform for the (online) sale of services (repairs, maintenance, etc.) to third parties on the Platform.

1.2. eServSol shall endeavor to forward only serious and accurate order offers to the contractors. The platform does not guarantee the seriousness or correctness of the forwarded order offer. The platform services include the merging and provision of communication as well as online payment processing

1.3. The platform assumes no liability whatsoever for the contents of the contract agreed between the client and the contractor or for corresponding breaches of duty by the contracting parties.

1.4. The terms and conditions are aimed at entrepreneurs.

1.5. Deviating and/or exceeding these General Terms and Conditions of the Customer shall not become part of the contract.

2. Contractual relationships on the platform

3. Conclusion of the contract between client and service partner

3.1. The conclusion of contracts between client, contractor and eServSol on the platform is done in the following way:

3.3. As an immediate order, service partners in the corresponding radius are displayed to the client that match the search criteria of the tender. At least the hourly rate and postal code of the respective service partners are displayed. The client can now select up to three service partners and submit a binding offer on the platform for the tendered contract with the proviso that the selected service partner who is the first to accept the offer on the platform will be awarded the contract. The client can withdraw the offer on the platform at any time – as long as it has not yet been accepted by one of the service partners.

3.6. The contractor undertakes exclusively to use the eServSol chat system for written communication with the client. The contractor is prohibited from actively requesting the client to use alternative communication channels to the order agreement and to send contact information.

3.7. The contractor undertakes to send only files in the chat system that serve the contractual communication and are free of third-party rights. Otherwise, the contractor requires the consent of the person in question.

3.8. The contractor shall behave in a factually professional manner towards the client. When executing the order, the contractor shall endeavour to adhere to agreements, agreed dates, price agreements and agreed services. The Contractor undertakes to inform the Client in good time of any changes to the agreements and shall actively endeavour to find an adequate replacement solution.

3.9. Clients are not obliged to accept offers from the Contractor.

3.10. The contractor is free to submit an offer to the client.

3.12. The contract data will be stored in the respective user account of the parties.

4. User account and data information

4.1. When registering the user account, truthful and complete information must be provided with regard to all required information (including identity, address, telephone number and e-mail address). If the offered activity has certain qualifications or is required by law, these must also be stated truthfully and completely. If the aforementioned information changes, the contractor must update the stored data accordingly. Data of third parties may not be used without their consent and the contractor shall ensure that, insofar as he deposits images, texts or data on his profile, he has the corresponding rights of use and does not violate legal regulations, the rights of third parties or these terms and conditions.

4.2. The contract of use is concluded with the acceptance of the registration by eServSol and runs for an indefinite period of time.

4.3. You are obliged to provide your access data, e.g. to treat your password confidentially, not to make it accessible to third parties, and to inform us immediately in the event of loss or unauthorized use of your access data.

4.4. The platform collects various data when mediating contractors and clients. On the one hand, this is personal data (within the meaning of Art. 4 No. 1 GDPR) and, on the other hand, further data relating to the order. In the course of the use or contract processing of the platform, the contractor and client receive access to the data. This data is the data that the client and contractor have voluntarily entered into their profile. Apart from data that must be passed on for the fulfilment of the contract, no further data will be passed on to third parties.

5. Entry of information from the service partner

5.1. The service partner enters information on its services, training and corresponding certificates on the platform, including the minimum information provided on the platform, such as hourly rates, location, address data and bank details.

6. Payment by the client to the service partner and invoicing

6.1. Payment for a service partner ordered via the platform shall be made by the client via the platform to eServSol.

6.2. We provide the relevant invoice to the client via the platform. The contractor shall enter the information required for the proper creation of the invoice credit note on the platform.

6.3. The Contractor agrees that the Platform, the Payment Services are provided with the help of Stripe Payment (hereinafter referred to as “Stripe”) and are subject to Stripe’s agreements.

6.4. As a condition that the contractor can use the payment services of eServSol, the contractor agrees to provide complete and truthful information about himself and his company to the platform. In addition, the Contractor authorizes the Platform to use the service provided for the billing of the service performed.

7. Remuneration for the use of the platform

7.1. For the use of our platform and all associated modules, the contractor/service partner (craftsmen and service providers) does not incur any commission or other costs. For the use of the platform, we charge the client a commission for each mediated activity. Our entitlement to commission remuneration arises upon conclusion of a respective contract between the client and a contractor on the platform. The brokerage commission is based on the order amount and is displayed accordingly before each closing.

7.2. We provide invoices/credits for our commission remuneration to the contractor via the platform.

8. Service Partner Content Requirements

8.1. The service partner must ensure that the content entered by him on the platform (information about him, services or prices or other content, whether in text or images) – hereinafter referred to as “content” – does not violate relevant legal provisions.

8.2. The service partner guarantees that the content posted by him on the platform or its publication on the platform does not violate the rights of third parties, e.g. Infringement of naming rights, trademark rights (trademarks, design), copyrights or personal rights. The service partner assures that he can freely dispose of this content and that the rights of third parties do not conflict with this.

8.3. The service partner is obliged not to forward an enquiry mediated by us to third parties (e.g. subcontractors) without the prior and express consent of the client. In the event of an order being taken over by or forwarded to a third party, the service partner will inform the client immediately and clearly about the exact identity of the third party before the order is executed.

8.4. It is the sole responsibility of the contractor to check whether he has the necessary qualifications to carry out the contract or work. The platform does not guarantee the information provided by the client on his profile or in his request.

9. Blocking of content of the service partner and customer accounts

9.1. We are permitted to block content from service partners if we become aware of indications that this content violates legal provisions, the rights of third parties or these terms and conditions. The block must be lifted as soon as the suspicion of the infringement has been dispelled. The following points can cause a block:

The Contractor’s profile contains untrue and/or misleading information about qualifications, content that infringes the rights of third parties, copyrights and trademarks and/or content that violates applicable law.
The contractor harasses, insults, threatens or otherwise interferes with the rights of the client.
The contractor commissions subcontractors without the knowledge of the client.
The contractor urges or requests the client to use a communication system other than the platform’s chat system or sends contact information with the offer.
There are repeated complaints from clients, among other things because the contractor does not adhere to appointments, price agreements or services.
The contractor repeatedly submits offers that do not contain realistic or comprehensible prices.
The contractor does not comply with the requirements for combating undeclared work and illegal employment.

10. Termination

10.1. Each party is entitled to terminate the contract for the use of the platform at any time.

10.2. The contractor can have his user account closed at any time without giving reasons by sending an e-mail to support@eservsol.com. Upon receipt of the notification, the user account will be terminated within 10 working days. It is no longer possible to use the platform from the time of access.

10.3. The platform is entitled to block/terminate accounts without observing appropriate deadlines if the platform becomes aware that price agreements and orders will be continued outside the platform after initial contact.

11. Disclaimers and Limitations of Liability

The following applies to our liability for damages:

11.1. In the event of intent and gross negligence, including on the part of our vicarious agents, we shall be liable in accordance with the statutory provisions. The same applies to negligently caused damage resulting from injury to life, limb or health.

11.2. In the case of negligently caused property damage and financial loss, we shall only be liable in the event of a breach of an essential contractual obligation, but limited in amount to the damage foreseeable at the time of conclusion of the contract and typical for the contract; essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely.

11.3. In all other respects, any liability on our part, regardless of its legal basis, is excluded.

11.4. The exclusions and limitations of liability in paragraphs (1) to (3) above shall also apply mutatis mutandis in favour of our vicarious agents.

11.5. Liability due to the assumption of a guarantee or under the Product Liability Act remains unaffected by the exclusions and limitations of liability in paragraphs (1) to (4) above.

11.6. The platform acts as an intermediary of services and is therefore not liable for any claims or damages arising from a legal relationship between the client and the contractor or for lost orders.

11.7. The platform strives to avoid impairments or other restrictions on the use of the services if this is technically possible. However, due to further development and maintenance of the platform, there may be temporary restrictions on use.

12. Applicable law, place of jurisdiction

12.1. The place of jurisdiction in dealings with merchants, legal entities under public law or special funds under public law is the registered office of our company. However, we are entitled, at our discretion, to sue at the customer’s place of business.

12.2. As part of the complaint management system, the platform offers the contractor an opportunity to complain about the actions or actions of eServSol against the contractor. This service is free of charge for the contractor and can be reached at support@eservsol.com.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Application means the software program provided by the Company downloaded by You on any electronic device, named eServSol
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: Florida, United States
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to eServSol Corporation, 14261 SW 120th St #108-588 Miami, FL 33186.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Goods refer to the items/Service offered for sale on the Service.
Orders mean a request by You to purchase Services/Goods/Booking from Us.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Application or the Website or both.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to eServSol, accessible from https://eservsol.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Placing Orders for Goods

By placing an Order for Goods or a service through the Service/Platform, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your location address.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order/Booking at any time for certain reasons including but not limited to:

Available service
Errors in the description or prices for service
Errors in Your Order/Booking

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Your Order Cancellation Rights

Any Goods/Services you purchase can only be returned/cancel in accordance with these Terms and Conditions and Our Returns/Cancel Policy.

Your right to cancel an order/booking only applies to orders that have not yet been accepted by a craftsman or service provider.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Service on the Service/Platform. The Service available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

For the use of the platform as a client, we charge the client a commission for each mediated activity. Our claim to commission remuneration arises with the conclusion of a respective contract between the client and a service partner on the platform.

We provide invoices/credit notes about our (commission) remuneration to the service partner via the platform.

Payments

All Goods/Services purchased are subject to a payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
Impersonating any person or entity including the Company and its employees or representatives.
Violating the privacy of any third person.
False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content.
As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at support@eservsol.com and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
Your address, telephone number, and email address.
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our copyright agent via email at support@eservsol.com.
Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service.
You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: support@eservsol.com
By visiting this page on our website: https://eservsol.com