1 INTRODUCTION

This Agreement (”End User Terms”, “Agreement”) is a legal agreement between Dept Of Digital Ltd here a company incorporated in England and Wales with registered number 12556517 whose registered address is Westminster House, 10 Westminster Road, Macclesfield, Cheshire, SK10 1BX (the “Dept Of Digital”, “Supplier”, “Dept Of Digital” or “Us”)  and the entity or person (“you”, “your”, or “user”) who is accessing this Mobile App or Web App or Website (collectively the “Service”).

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1. Duration of trial: The trial period for the cold calling work shift will be for a maximum of 4 hours, unless otherwise agreed upon in writing.

 

2. Non-payment during trial: The trial period will be unpaid unless specified in writing to you. 

 

3. Termination: Either party may terminate the trial period at any time and for any reason, without notice or liability.

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4. Confidentiality: The candidate is prohibited from disclosing any confidential or proprietary information they may come across during the trial period.

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5. Compliance with laws: The candidate must comply with all applicable laws, rules, and regulations during the trial period, including those related to cold calling, data protection, and privacy.

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6. Code of conduct: The candidate must adhere to the company's code of conduct and values during the trial period. Any violation of this code of conduct may result in termination of the trial period. Professional behaviour is expected at all times.

 

7. Intellectual property: Any intellectual property developed by the candidate during the trial period belongs to the company.

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8. No guarantee of employment: Completion of the trial work shift does not guarantee employment with the company.

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9. Liability: The candidate is responsible for any damage they may cause to the company's property or reputation during the trial period.

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10. Liability disclaimer: The candidate acknowledges and agrees that the company shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the trial work shift, including but not limited to damages for loss of profits, business interruption, or loss of data. The candidate further acknowledges and agrees that the company shall not be responsible for any injury, loss, or damage to the candidate's person or property, whether caused by the candidate's actions or omissions, or by any other cause. The candidate assumes all risks associated with the trial work shift, and agrees to indemnify and hold the company harmless from any and all claims, liabilities, damages, and expenses arising out of or in connection with the candidate's participation in the trial work shift.

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11. Subject always to section 10, our total liability to you in respect of any losses arising under or in connection with the Trial Shift terms is limited to (but not more than) one hundred UK pounds in total.

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12.  Third-party software: The candidate acknowledges and agrees that they will be required to use third-party software during the trial work shift. The candidate further acknowledges and agrees that they are responsible for satisfying themselves with and agreeing to any privacy policies and terms required by the third-party software provider. The company is not responsible for any breach of privacy or other violations that may occur as a result of the candidate's use of third-party software during the trial work shift. 

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13. The candidate is expected to conduct themselves in a professional manner at all times during the trial work shift. The candidate must comply with the company's policies and procedures related to conduct, dress code, punctuality, attendance, and other matters related to professionalism. The company reserves the right to terminate the trial work shift if the candidate fails to meet the required standard of professionalism.

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14 Force majeure: The company shall not be liable for any failure or delay in performing its obligations under these terms and conditions if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, labor disputes, fires, floods, or other natural disasters ("Force Majeure Event"). If a Force Majeure Event occurs, the company shall promptly notify the candidate in writing and shall use reasonable efforts to resume its obligations as soon as practicable. The candidate acknowledges and agrees that the company shall not be responsible for any damages, losses, or expenses incurred by the candidate as a result of a Force Majeure Event.

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15 Entire Agreement: This agreement and all policies, terms, linked terms and procedures that are incorporated by reference, along with our Privacy Policy constitutes the entire agreement between you and Dept Of Digital regarding the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. You agree that you have not relied upon, and have no remedies in respect of, any term, condition, statement, warranty or representation except those expressly set out in this Agreement. You also may be subject to additional terms, policies or agreements that may apply when you use other services, including Third Party Services. This Agreement creates no third party beneficiary rights.

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16 Controlling Law:

This Agreement shall be governed by and construed in accordance with English law. The courts of England shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.

 

17 Waiver, Severability and Assignment:

Our failure to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not delegate, transfer or assign this Agreement or any of your rights or obligations hereunder without our prior written consent, and any such attempt will be of no effect. We may delegate, transfer or assign this Agreement or some or all of our rights and obligations hereunder, in our sole discretion, to any of our affiliates or subsidiaries or to any purchaser of any of our business or assets associated with the Services, with sixty (60) days prior written notice.

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18 Modifications: We may modify this Agreement from time to time, and will always post the most current version on our site at www.deptofdigital.com/merchantserviceagreement. If a modification meaningfully reduces your rights, we’ll notify you (by, for example, sending you an email or displaying a prominent notice within the Services). The notice will designate a reasonable period after which the new terms will take effect. Modifications will never apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement and price changes. If you disagree with our changes, then you should stop using the Services and cancel all Services.