Terms and Conditions Effective November, 2018
These Website Terms & Conditions (“T&Cs”) apply to your access and use of https://www.AVORD.com (the “Site”), including all software, data, reports, text, images, sounds, video, and content made available through any portion of the Site (collectively, the “Content”). Content includes all such elements as a whole, as well as individual elements and portions thereof.
Acceptance of Terms.
2. TERMS AND CONDITIONS UPDATES.AVORD LTD reserves the right, at its sole discretion, to change or modify portions of these T&Cs at any time. AVORD LTD will post the changes to these T&Cs on the Site and will indicate at the top of this page the date these terms were last revised. It is your responsibility to check the T&Cs periodically for changes. Your continued use of the Site and Content after the date any such changes become effective constitutes your acceptance of the new or revised T&Cs.
3. General Conditions/Access and Use.Authorisation to Access and Use Site and Content. Subject to your compliance with these T&Cs and the provisions hereof, you may access or use the Site and Content solely for the purpose of your evaluation of AVORD LTD and AVORD LTD’s products and services. You may only link to the Site or Content, or any portion thereof, as expressly permitted by AVORD LTD. Ownership and Restrictions. All rights, title and interest in and to the Site and Content will remain with and belong exclusively to AVORD LTD. You will not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Site and any Content available to any third party, (b) use the Site and Content in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Site and Content or their related components, or (c) modify, adapt or hack the Site and Content to, or try to, gain unauthorised access to the restricted portions of the Site and Content or related systems or networks (i.e., circumvent any encryption or other security measures, gain access to any source code or any other underlying form of technology or information, and gain access to any part of the Site and Content, or any other products or services of AVORD LTD that are not readily made available to the general public). You are not permitted to copy, modify, frame, repost, publicly perform or display, sell, reproduce, distribute, or create derivative works of the Site and Content, except that you may download, display, and print one copy of the publicly available materials (i.e., the Content that does not require an Account name or password to access) on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices. You agree not to access the Site or Content by any means other than through the interface that is provided by AVORD LTD to access the same. You may not use any “page-scrape,” “deep-link,” “spider,” or “robot or other automatic program, device, algorithm or methodology, or any similar manual process, to access, copy, acquire, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the presentation or navigational structure of the Site or any Content, to obtain or attempt to obtain any Content or other information through any means not made generally available through the Site by AVORD LTD. AVORD LTD reserves the right to take any lawful measures to prevent any such activity. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to AVORD LTD on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. Relationship with AVORD LTD Once you are registered onto the AVORD LTD platform, the contractual aspects of the relationship will be between you and AVORD LTD to this end AVORD LTD has Professional indemnity and Public liability insurances. Invoices to clients and payment to Security testers will be managed through AVORD LTD. Where a Security tester or AVORD LTD is in breach of these terms set out in this document, You will deal directly with AVORD LTD for any compensation claims that may arise. AVORD LTD will seek to claim from the testers if the Security testers are at fault. Relationship with the Security testers AVORD LTD manages all Security testers who register onto the platform. As part of the registration process all Security testers have individual Professional indemnity and Public liability insurances and these insurance policies are kept up to date. Responsibility for Your Data. You are solely responsible for all data, information and other content, that you upload, post, or otherwise provide or store (hereafter “post(ing)”) in connection with or relating to the Site. Reservation of Rights. AVORD LTD and its licensors each own and retain their respective rights in and to all logos, company names, marks, trademarks, copyrights, trade secrets, know-how, patents and patent applications that are used or embodied in or otherwise related to the Site and Content. AVORD LTD grants no rights or licenses (implied, by estoppel, or otherwise) whatsoever to you under these T&Cs.
4. Use of Intellectual Property.Unsecured Transmission of User Content. You understand that the operation of the Site and Platform, including User Content, is fully encrypted from the point of entry in the AVORD LTD Platform to the point that data is at rest. AVORD LTD’s hosting partners to operate and maintain the Site and Content. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of User Content. AVORD LTD will have no liability to you for any unauthorised access or use of any of User Content, or any corruption, deletion, destruction or loss of any of User Content. Feedback. You may submit ideas, suggestions, or comments (“Feedback”) regarding the Site and Content or AVORD LTD’s business, products or services. By submitting any Feedback, you acknowledge and agree that (a) your Feedback is provided by you voluntarily and AVORD LTD may, without any obligations or limitation, use and exploit such Feedback in any manner and for any purpose, (b) you will not seek and are not entitled to any money or other form of compensation, consideration, or attribution with respect to your Feedback regardless of whether AVORD LTD considered or used your Feedback in any manner, and (c) your Feedback is not the confidential or proprietary information of you or any third party. Your Representations and Warranties. You represent and warrant to AVORD LTD that your activity on the Site and AVORD LTD’s possession and use of User Content as contemplated in these T&Cs do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does User Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing.
5. RELEASESection 5 discusses your agreement not to hold us responsible for any dispute you may have with another User, as detailed below. In addition to the recognition that AVORD is not a party to any contract between Users, you hereby release AVORD, our Affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, employees and service providers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity that exist as of the time you enter into this agreement. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the Tester Services provided to Client by a Tester and requests for refunds based upon disputes. This release will not apply to a claim that AVORD failed to meet our obligations under the Terms of Service.
6. MAINTENANCE FEEUser Accounts that have not logged in for six months will incur a maintenance fee of up to £10.00 GBP per month until either the account is terminated or reactivated for storage, bandwidth, support and management costs of providing hosting of the user’s profile, portfolio storage, listing in directories, provision of the platform as a Service, file storage and message storage.
7. MEMBERSHIPGenerally. Clients (You) agree to pay either a monthly or an annual fee recurring for the access to the AVORD Platform as a Service and its benefits associated. Member agrees to abide by other terms relating to the payment of fees. Member agrees to abide by and shall have all applicable rights and obligations as set forth in within these terms. Late Fees. If a Client’s payment of its monthly or an annual membership dues is not fully paid within sixty (60) days of its invoice due date, a late fee representing one percent (3%) of the delinquent membership dues shall be added to such membership dues, compounding daily, commencing on the last day of each month following invoice date.
8. ENGAGEMENT OF TESTERS DIRECT/INDIRECTIn respect of any Security tester introduced via the AVORD Platform to you, we shall, subject to clause 8.1 and the Regulations, be entitled to charge you, and issue an invoice for payment of, a Transfer Fee at any time following occurrence of any of the following events: (a) where following an Introduction you do not engage a Security tester via the Platform for an Assignment and at any time within a period of 12 months from the date of our Introduction whether directly (or indirectly via another employment business) (i) you engage such Security tester or (ii) a third party engages such Security tester as a result of the introduction or referral; or (b) where following an Introduction you take the supply of a Security tester for an Assignment and subsequently within the later of the relevant period as set out in the Regulations whether directly (or indirectly via another employment business): (i) you engage such Security tester; or (ii) a third party engages such Security tester as a result the introduction or referral. 8.1 If you engage a Security tester (whether directly or indirectly via a third party) you shall pay us a Transfer Fee in accordance with section 8. or you shall notify us of your intention to engage a Security tester and as an alternative to paying a Transfer Fee you shall continue with the hire of a Security tester for a further period of 12 months on and subject to the terms of this Agreement and the last Assignment. Upon expiry of the agreement you may engage a Security tester without obligation to pay a Transfer Fee. In the event that we are prevented from supplying a Security tester for the Assignment in circumstances beyond our control, we shall not be at fault and a Transfer Fee shall be payable. 8.2 If you utilise the services of AVORD LTD Security testers outside of the agreed terms and conditions as set out within this document and section 8.1, AVORD LTD maintains the right to charge a fee of 10% calculated on an annualised basis of either the Agreed Rate under the last Assignment or the highest rate we indicated to you at the time of Introduction.
9. PROHIBITED SITE USESSection 9 explains uses of the Site that are not allowed, as detailed below: You may not use, or encourage, promote, facilitate, instructor induce others to use, the Site or Site Services for any activities that violate any law, statute, ordinance or regulation; for any other illegal or fraudulent purpose or any purpose that is harmful to others; or to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent or harmful to others.
9.1 EXAMPLES OF PROHIBITED USES OF THE SITEThe following are examples of uses that are prohibited on the Site or when using the Site Services: Seeking, offering, promoting, or endorsing and services, content, or activities that:
- are defamatory, illegal, profane, vulgar, threatening, unlawfully discriminatory, illegal, pornographic, obscene, or sexually explicit in nature;
- would violate the intellectual property rights, such as and including copyrights, of another person, entity, service, product, or website;
- would violate (a) AVORD’s Terms of Service, (b) the terms of service of another website or any similar contractual obligations, or (c) the academic policies of any educational institution;
- regard the creation, publication, distribution of “fake news”, “hoax news” or similar false content purposefully intended to mislead readers for financial or other gain;
- regard or promote in any way any escort services, prostitution, or sexual acts; or
- are harassing toward another person based on the person’s inclusion in a protected class as defined by applicable law;
- Fraudulent or misleading uses or content, including:
- Fraudulently billing or attempting to fraudulently bill any Client, including by (i) falsifying or manipulating or attempting to falsify or manipulate the hours, keystrokes, or mouse clicks recorded in the AVORD App, (ii) reporting, recording, or otherwise billing Clients for time that was not actually worked, or (iii) reporting, recording, or otherwise billing hours worked by another person as hours worked by you in a way that is misleading or false;
- Misrepresenting your experience, skills, or information, including by representing another person’s profile, or parts of another person’s profile, as your own;
- Using a profile photo that misrepresents your identity or represents you as someone else;
- Impersonating any person or entity, including, but not limited to, an AVORD representative, forum leader, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- Falsely stating or implying a relationship with another User, including an Supplier continuing to use a Tester’s profile or information after the Tester no longer works with the Supplier;
- Falsely attributing statements to any AVORD representative, forum leader, guide or host;
- Falsely stating or implying a relationship with AVORD or with another company with whom you do not have a relationship;
- Allowing another person to use your account, which is misleading to other Users; or
- Falsely stating that one Tester will perform the work on a job when another will in fact perform the work, including submitting a proposal on behalf of a Tester that is unable, unwilling, or unavailable to do the work;
- Expressing an unlawful preference in a job post or proposal or otherwise unlawfully discriminating on a protected basis;
- Posting identifying information concerning another person;
- Spamming other Users with proposals or invitations or posting the same job multiple times so that more than one version remains active at a given time;
- Making or demanding bribes or other payments without the intention of providing services in exchange for the payment;
- Requesting or demanding free services, including requesting Testers to submit work as part of the proposal process for very little or no money or posting contests in which Testers submit work with no or very little pay, and only the winning submission is paid the full amount;
- Requesting a fee before allowing a User to submit a proposal;
- Attempting to or actually manipulating or misusing the feedback system, including by:
- withholding payment or Work Product or engaging in any other conduct for the purpose of obtaining positive feedback from another User;
- attempting to coerce another User by threatening to give negative feedback;
- expressing views unrelated to the work, such as political, religious, or social commentary, in the feedback system; or
- offering services for the sole purpose of obtaining positive feedback of any kind;
- Duplicating or sharing accounts;
- Selling, trading, or giving an account to another person without AVORD’s consent;
- Sharing or soliciting contact information, but not limited to such activities as email, telephone number, Skype ID, ICQ, AIM, MSN Messenger, LinkedIn,WeChat, SnapChat, GTalk, GChat or Yahoo, in a profile or job post;
- Directly or indirectly, advertising or promoting another website, product, or service or soliciting other Users for other websites, products, or services, including advertising on AVORD to recruit Testers and/or Clients to join a Supplier or another website or company;
- Conduct or actions that could jeopardize the integrity of or circumvent the Site, Site Services or AVORD’s proprietary information, including
- Interfering or attempting to interfere with the proper operation of the Site or Site Services or any activities conducted on the Site;
- Bypassing any measures we may use to prevent or restrict access to the Site or any subparts of the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein;
- Attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Site;
- Using any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission;
- Attempting to or interfering with or compromising the system integrity or security or deciphering any transmissions to or from the servers running the Site;
- Collecting or harvesting any personally identifiable information, including Account names, from the Site;
- Attempting to or imposing an unreasonable or disproportionately large load (as determined in AVORD’s sole discretion) on the Site’s infrastructure; Introducing any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine, or mechanism through or to the Site that is designed to or known to cause to cease functioning, disrupt, disable, harm, or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of (or to allow you or any other person to access or damage or corrupt data, storage media, programs, equipment, or communications or otherwise interfere with operations of or on) the Site or any software, firmware, hardware, computer system, or network of AVORD or any third party;
- Accessing or attempting to access the Site or Site Services by any means or technology other than the interface provided; or
- Framing or linking to the Site or Site Services except as permitted in writing by AVORD
- Attempting to or actually reverse engineering, modifying, adapting, translating, preparing derivative works from, decompiling, interfering with the operation of, or otherwise attempting to derive source code from any part of the Site or Site Services unless expressly permitted by applicable law or AVORD; or