The Accountancy | Terms and Conditions - The Accountancy Network

TERMS AND CONDITIONS

These are the Terms of Service for Maayan Limited, trading as, The Accountancy Network. This is an agreement (“Agreement”) between The Accountancy Network, a company registered in England with Company Number 09430698 with registered address of 1 Brindley Avenue, Birmingham, West Midlands, England, B16 0QD the owner and operator of The Accountancy Network.com (the “Site”), the accounting service introduction platform (collectively the “Service”), and you.

PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THIS SITE IN ANY WAY, INCLUDING USING THE SERVICE, CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR MERELY BROWSING THE SITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE AGREEMENT; (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE ACCOUNTANCY NETWORK, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE BUSINESS, AND TO BIND THAT COMPANY TO THE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICE.

Throughout these terms, the words “The Accountancy Network,” “us,” “we,” and “our,” refer to our company, The Accountancy Network, our Site or our Service, as is appropriate in the context of the use of the words. The term “Prospective Client” will refer to Users of our Service who are seeking accounting services through third party advertisers on the Site. The term “Accountant” will refer to a company that is interested in hiring Prospective Clients through the use of our Service. The term “You” refers to the individual or legal entity, as applicable, identified as the user when you register on the Site.

You agree to keep all information gained from using our Site confidential. You agree that:

  1. you will use any content submitted by Prospective Clients in accordance with applicable privacy and data protection laws;
  2. you will not disclose the names or identities of any Prospective Clients, outside of your business; AND
  • you will take appropriate physical, technical and administrative measures to protect content you obtain through use of the Site and Service from loss, misuse, unauthorized access, disclosure, alteration or destruction. You also agree not to post, publicly disclose or disseminate any job offers which you become aware of through our Site or Service.

Our Service may allow you to upload information and may allow you to message or communicate in other ways with other users through our Service. Any information that you post, transmit or submit through our Site or Service will be referred to as “Content” throughout this Agreement.

PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY THE ACCOUNTANCY NETWORK IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Agreement available on the Site. If we make any material changes, and you have registered to use the Service, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to this Agreement.

Any changes to the Agreement will be effective immediately for new Users of the Site or Service and will be effective thirty (30) days after posting notice of such changes on the Site for existing Users, provided that any material changes shall be effective for Users who have a registered account on the Site (“Registered Users”) upon the earlier of thirty (30) days after posting notice of such changes on the Site or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users.

Your continued use of the Site constitutes your acceptance of such change(s).

  1. Description of Services

Prospective Clients

The Accountancy Network is an online service that connects Prospective Clients with Accountants. As a Prospective Client, you have an opportunity to find an Accountant through the Site. Additionally, use of The Accountancy Network is free for Prospective Clients, and is non-binding and does not create any contractual obligations between the Accountant and the Prospective Client. The Accountancy Network only acts as a tool for Prospective Clients to explore opportunities without obligation.

Once you have agreed services with an Accountant, you are bound by the terms of service being accepted at time of order.

Accountants

As an Accountant, you have the opportunity to find potential clients.  You may send contact requests ("Requests") with any Prospective Clients on our Service that you feel may be a fit for your company. However, these Requests are non-binding and do not create a binding contract. Fees are calculated at point of sale and determined by the service required.

YOU UNDERSTAND THAT THE ACCOUNTANCY NETWORK DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. YOU ARE RESPONSIBLE FOR

  • CONDUCTING ANY BACKGROUND CHECKS, REFERENCE CHECKS, OR OTHER DUE DILIGENCE THAT YOU MAY REQUIRE BEFORE MAKING AN OFFER OF SERVICE TO A PROSPECTIVE CLIENT, AND
  • COMPLYING WITH ALL LAWS AND REGULATIONS RELATING TO THE INTENDED ENGAGEMENT OF ANY PROSPECTIVE CLIENT

 

  1. Your Responsibilities

You are responsible for your use of the Site and Service and for any use of the Site or Service made using your account. You agree not to access, copy, or otherwise use the Site or the Service, including our intellectual property and trademarks, except as authorized by this Agreement or as otherwise authorized in writing by The Accountancy Network. Remember when using The Accountancy Network, we ask you to act reasonably and responsibly with others. Your continued access to our Site and use of our Service are contingent on your agreement to act in a proper manner. When using our Site and Service:

  • You will not copy, distribute or disclose any part of the Site or the Service in any medium, including without limitation by any automated or non-automated “scraping”;
  • You will not use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site or the Service in a manner that sends more request messages to The Accountancy Network servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that The Accountancy Network grants the operators of public search engines revocable permission to use spiders to copy materials from the publicly available searchable indices of the materials, not caches or archives of such materials);
  • You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Service;
  • You will not take any action that we determine, in our sole discretion, imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure;
  • You will not upload invalid data, viruses, worms or other software agents through the Service;
  • You will not collect or harvest any personally identifiable information, including account names, from the Service;
  • You will not access the Site or Service through any technology or means other than those provided or authorized by the Service (and access to the Site or Service through virtual private network or proxy is expressly forbidden);
  • You will not sell, transfer or assign the Service, or your right to use the Service, to any third party, or offer the Service, or any Content obtained from the Site or Service, on a time-sharing or other commercial basis;
  • You agree to act within the bounds of common decency when using our Site;
  • You agree not to stalk, harass, bully or harm another individual;
  • You agree not to impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
  • You agree not to violate any requirements, procedures, policies or regulations of networks connected to The Accountancy Network;
  • You agree not to interfere with or disrupt the Site or Service;
  • You agree not to hack, spam or phish us or other Users;
  • You agree to provide truthful and accurate Content;
  • You agree to not violate any law or regulation, and you are responsible for such violations;
  • You will not use our Site to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent Content post any information or content about a company or individual;
  • You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine;
  • You will not upload any Content to our Site that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it;

The Accountancy Network may terminate your account for violating one or more of your responsibilities, for violating applicable law, any other provision in this Agreement, or for any other lawful purpose or at our discretion, with or without notice.

  1. Our Role

The Accountancy Network does not act as an agent. The Accountancy Network merely provides Accountants and Prospective Clients a location and the software tools to enable them to find and connect with each other. Prospective Clients and Accountants are solely responsible for any issues arising from the use of The Accountancy Network site or their use of Service.

Any agreements created between an Accountant and a Prospective Client are not binding on us. We are not liable for, or obligated to enforce, any agreements between an Accountant and a Prospective Client. You will not consider The Accountancy Network, nor will The Accountancy Network be construed as, a party to such transactions, whether or not The Accountancy Network receives some form of remuneration in connection with the transaction, and The Accountancy Network will not be liable for any costs or damages arising out of or related to such transaction.

No contractual obligations are created for either the Prospective Client or the Accountant through the use of the Service. The Prospective Client is not obligated to accept any request at all. Additionally, Requests submitted by an Accountant to a Prospective Client through the Request process are not binding on the Accountant. At the end of the Request process the Prospective Client may choose which Accountant, if any, he or she wishes to contact.

  1. Limitations On Liability

Through The Accountancy Network’s Site and Service Users of the Accountancy Network may be able to post Content about third parties. The Accountancy Network is not liable to third parties for any Content that has been posted or viewed on The Accountancy Network’s Site or Service. For your convenience, the following are some important details of this Agreement that affect your rights and remedies:

  • Our Site includes areas where Prospective Clients or Accountants may post Content about an individual or company. We are not responsible for the posting of this Content;
  • We are not liable for any contracts created between Prospective Clients and Accountants who use our Site and Service including all payment disputes;
  • We are not required to or under any obligation to review, screen, edit, monitor, or remove any Content posted on our Site, although we reserve the absolute right to remove, screen, or edit any Content at any time and for any reason without any notice to you or any party affected;
  • We take no responsibility and assume no liability for any User Content that is posted, stored, uploaded, or transmitted via the Site or the Service, or for any loss or damages that may occur because of such User Content including, but not limited to defamation, slander, libel, falsehoods, obscenity, or profanity;
  • We take no responsibility and assume no liability for any claim, action, petition, demand for arbitration or lawsuit alleging injury or damage resulting from any use of the Site or Service, whether arising in tort or contract, law or equity;
  • You agree not to hold any other User of the Accountancy Network liable for any negative or critical comments, except that you are not obligated to release any other User who submits Content that violates any terms of this Agreement or other policies stated anywhere on our Site;
  • The Accountancy Network is not liable under any circumstances to any User for any User Content submitted, posted or transmitted by any other User, even if that Content violates this Agreement or other policies stated anywhere on our Site, and The Accountancy Network takes no action to remove that Content or terminate that User’s account;
  • The Accountancy Network make no warranties or guarantees that Accountants will secure leads through membership of the Site.

Your ability to use or interact with this Site is a privilege, not a right, and we reserve the right to take any action that we deem proper, without notice, to prevent any violation, enforce any provision, or rectify any alleged violations, of this Agreement or any applicable law at our sole discretion.

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE ACCOUNTANCY NETWORK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT THE ACCOUNTANCY NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICE, ON ANY THEORY OF LIABILITY, RESULTING FROM (A) THE USE OR INABILITY TO USE THE SITE OR SERVICE; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE; OR (3) ANY OTHER MATTER RELATED TO THE SITE OR SERVICE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

  1. Intellectual Property Rights

The design of the Service along with The Accountancy Network created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein, are owned by or licensed to The Accountancy Network, subject to copyright and other intellectual property rights under United Kingdom and foreign laws and international conventions. The Accountancy Network reserves all rights in and to the Service and the Site. You agree to not engage in the use, copying, or distributing any Content contained within the Site or through the Service unless we have given you express written permission to do so.  The Accountancy Network reserves the right to amend and update the Site and any design, contents and layout at its discretion.

  1. Licensing

You hereby grant to The Accountancy Network and its owners, affiliates, representatives, licensors and assigns (the “The Accountancy Network Parties”) a non-exclusive, fully-paid, royalty-free, world-wide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or any part of your Content (“Your Content”) and anything we may make with Your Content through The Accountancy Network or any other medium currently invented or invented in the future. We reserve the right to display advertisements in connection with Your Content. We are not required to host, display, or distribute any of your Content and we may refuse to accept or transmit Your Content, and may remove or delete all or any portion of Your Content from The Accountancy Network at any time. By submitting any Content to us, you hereby represent and warrant that you own all rights to Your Content or, alternatively, that you have the right to give us the license described above. Finally, you represent and warrant that Your Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. You understand that when using the Site and/or the Service you will be exposed to Content from a variety of sources, and that The Accountancy Network is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and that such Content is not the responsibility of The Accountancy Network. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Accountancy Network Parties with respect thereto, and agree to indemnify and hold the Accountancy Network Parties harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

  1. Third Party Applications and Advertising

Price comparisons for a range of services will be available on the Site.  This service is provided by third party advertisers.  Use of these services on our Site binds the user to the third party’s terms and conditions. Fee structures are based on lead generation and service requirements.

  1. Disclaimer

THE SITE AND SERVICE ARE PROVIDED TO YOU AS IS, FOR YOUR INFORMATION ONLY. THE ACCOUNTANCY NETWORK PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT, OUR SITE OR OUR SERVICE, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, or NEGLIGENCE OR ANY OTHER TORT.

THE ACCOUNTANCY NETWORK PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SERVICE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE SITE OR SERVICE WILL BE CORRECTED.

YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICE.

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

  1. Indemnity

You agree to defend, indemnify and hold harmless the Accountancy Network Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:

  • your use of and access to the Site and Service;
  • your violation of any term of this Agreement;
  • your violation of any third party right, including without limitation any copyright, property, or privacy right; or
  • any claim that any of Your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Site and/or Service.

You also agree that you have a duty to defend us against such claims. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, settlements and disbursements.

  1. Governance

This Agreement shall be governed by the laws of the England, without giving effect to any principles that provide for the application of the law of another jurisdiction.

  1. Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

  1. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, The Accountancy Network shall have the sole right to elect which provision remains in force.

  1. Termination

We may suspend the Service or your account or any other provision of services to you, and we may terminate this Agreement, at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement, you may do so by notifying The Accountancy Network at any time and closing your account for the Service. Termination of the Agreement may result in the immediate deletion of any Content that you have submitted to The Accountancy Network. The Accountancy Network will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, success fee provisions, warranty disclaimers, indemnity and limitations of liability.

  1. Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

  1. Notice

Where The Accountancy Network requires that you provide an e-mail address, you are responsible for providing The Accountancy Network with your most current e-mail address. In the event that the last e-mail address you provided to The Accountancy Network is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, The Accountancy Network’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to The Accountancy Network at the following address: The Accountancy Network, 1 Brindley Avenue, Birmingham, B16 0QD. Such notice shall be deemed given when received by The Accountancy Network by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

  1. Entire Agreement

The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.