Intellifix

Intellifix - Terms of Service Agreement

This Agreement comprises the terms and conditions of service of Intellifix (UK) Ltd, a company registered in England under company number 5592121 (“INTELLIFIX”) for services provided via INTELLIFIX.NET, INTELLIFIX.COM and INTELLIFIX.CO.UK and other related domain names (the “Websites”).

Your use of the Websites owned and operated by INTELLIFIX, and the SERVICES is conditional upon your compliance and acceptance of these terms.

IMPORTANT-READ CAREFULLY: BY CLICKING THE “I AGREE” BUTTON OR BY UTILISING THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THE INTELLIFIX SERVICES ARE NOT AVAILABLE TO PERSONS UNDER 18 YEARS OF AGE. This is a legal agreement between you and INTELLIFIX. If you do not agree with the terms of this Agreement, click the “CANCEL” button and or do not use or join any meeting supported by or made available by the SERVICES.

INTELLIFIX reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time, by posting the revised Agreement terms on our website, and providing notice in writing to you. Except as stated below, all amended terms shall automatically be effective immediately upon notice or after they are initially posted on the Websites.

Your continued access of the Websites or SERVICES following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions. At INTELLIFIX's sole discretion, INTELLIFIX may choose to provide notice by a startup screen, notification via email or notification on the site indicating the fact that changes have been made to this Agreement. By clicking on the "I Accept" button that follows the posted changes or continuing use of the site constitutes your acceptance of the amended changes. END USERS and TECHNICIANS agree to be bound by such changes to the Agreement. If you do not agree with all of the following terms and conditions at any time, your only recourse is to (a) immediately cease accessing all INTELLIFIX SERVICES, and (b) immediately notify INTELLIFIX that you will terminate membership in INTELLIFIX.

DEFINITIONS

1. The following terms will have the following meanings in this Agreement:

“Associated Software” all and any software associated with the provision of the SERVICES which facilitates the function of END USERS’s requesting and being introduced to TECHNICIANS from whom they may obtain IT Support;

“END USER” a person registered with INTELLIFIX to use the SERVICES to obtain introductions to TECHNICIANS from whom they may obtain IT Support;

“Fees” all amounts due and owing by you to INTELLIFIX for the SERVICES, including charges for using the SERVICES, set up fees (if applicable), subscription fees, overage fees, conferencing fees, or any other fee or charge associated with your use of the SERVICES and which are relevant and applicable depending on whether you are a TECHNICIAN or an END USER and which are set out on the Websites;

“Intellectual Property

Rights” intellectual property rights including but not limited to copyright, trade marks, design rights, patents, database rights and any other similar rights whether registered or unregistered existing anywhere in the world;

“IT Support” independent IT Support and computer repair services via a network including the Internet provided to END USERS by TECHNICIANS who are introduced to END USERS by INTELLIFIX using the SERVICES;

“SERVICES” services provided by INTELLIFIX using the Associated Software which you select or initiate via the Websites which includes the provision of introduction of TECHNICIANS, and/or other audio, video and web communications services provided by INTELLIFIX using the Associated Software as more particularly set out on the Websites;

“TECHNICIAN” any independent IT technician registered with INTELLIFIX who may use the SERVICES to be introduced to ENDUSERS to whom they may provide IT Support;

“User ID” a login and password allowing you access to the SERVICES;

“You, your, yourself” the individual who registers and/or provides INTELLIFIX with his or her credit card details or other payment mechanism for purchasing the SERVICES or, if the SERVICES are being purchased on behalf of an entity by an individual authorised to purchase the SERVICES on behalf of such entity then that entity, or a TECHNICIAN, or an END USER.

SERVICES

2. Registration to use the SERVICES must be via the online registration form accessible via the Websites. All compulsory fields on this registration form must be completed and any additional terms purported to be included in this Agreement by you on the online registration form will be void. Acceptance of any submitted registration form to obtain an account using INTELLIFIX will not be activated until you are provided with such acceptance in a confirmation email and you have indicated your acceptance by clicking the confirmation link contained within.

2A. In consideration of payment of the Fees by you to INTELLIFIX in accordance with the terms of this Agreement, INTELLIFIX will provide the SERVICES in accordance with this Agreement. INTELLIFIX may at its sole discretion reasonably modify the features of the SERVICES from time to time without prior notice. Therefore, you should periodically read the information about the SERVICES on the Websites and these terms of service as changes may occur.

2B. You acknowledge and accept that INTELLIFIX and/or its suppliers are not IT specialists, IT consultants or an IT consultancy agency, INTELLIFIX does not offer IT Support to END USERS. INTELLIFIX provides an introductory service comprised in the SERVICES and therefore act as a communication, introductory service broker only. The Websites act as a venue which allows END USERS registered with INTELLIFIX to buy IT Support from TECHNICIANS registered with INTELLIFIX. You further acknowledge and accept that INTELLIFIX has no control over the truth, accuracy, quality, legality, or safety of profiles given or statements made by users of this site. We do not review profiles or their content provided or created by TECHNICIANS. We do not qualify profiles created or their content, or ratify their authenticity or competency to provide support.

2C. INTELLIFIX are not involved in transactions between END USERS (requiring IT Support) and TECHNICIANS (providing IT Support). As a result, INTELLIFIX have no control over the quality, safety or legality of the services offered by TECHNICIANS registered with INTELLIFIX, the truth or accuracy of any TECHNICIAN profiles displayed on the Websites, or the ability of a chosen TECHNICIAN to provide services. INTELLIFIX are not responsible for ensuring that END USERS and TECHNICIANS complete a transaction or that it is valid. You accept sole responsibility for the legality of your actions under laws applying to you, including the valid formation of and performance of contracts between END USERS and TECHNICIANS.

2D. For the avoidance of doubt the limitations on liability set out in clause 20 will apply to the provision of the SERVICES under this Agreement.

RESPONSIBILITY FOR CONTENT OF YOUR COMMUNICATIONS

3. You agree that you are solely responsible for the content of all visual, written or audible communications sent by you or in INTELLIFIX meetings or support sessions hosted by you, or entered into by you using the SERVICES. You warrant and agree that you will not use the SERVICES to send unsolicited commercial e-mail. You further agree not to use the SERVICES to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, regardless of race or religion, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability or offence, or that constitutes or encourages conduct that could constitute a criminal offence, under any applicable law or regulation. Although INTELLIFIX is not responsible for any such communications, INTELLIFIX may delete any such communications of which INTELLIFIX becomes aware, at any time without notice to you.

3A. You agree to fully indemnify INTELLIFIX and keep INTELLIFIX indemnified against all and any damage or loss (and any associated costs including legal costs) for any claims or actions arising as a result of the breach of the above warranty.

INTELLIFIX FEES FOR TECHNICIANS – ADMINISTRATION ARRANGEMENTS

4. If you are a TECHNICIAN, you agree that INTELLIFIX may charge to your credit card or other payment mechanism selected by you and approved by INTELLIFIX (“Your Account”) the Fees due for TECHNICIANS to use the SERVICES. INTELLIFIX may change these Fees at any time without prior notice written or otherwise. You agree that in the event INTELLIFIX is unable to collect the Fees owed to INTELLIFIX for the SERVICES through Your Account, INTELLIFIX may take any other steps it deems necessary to collect such Fees from you and that you will be responsible for all costs and expenses incurred by INTELLIFIX in connection with such collection activity, including collection fees, court costs and attorneys' fees. You further agree that INTELLIFIX may charge interest on uncollected sums due to be paid to INTELLIFIX at the rate 4% above the base rate of the Bank of England from time to time per calendar month.

INTELLIFIX SERVICE FEES TARIFF – TECHNICIANS

5. INTELLIFIX charge for using the SERVICES and this charge will be contained within the Fees and which can be viewed by clicking here. Charges for using the SERVICES comprised in the Fees will be determined by INTELLIFIX. INTELLIFIX reserve the right to change this tariff given 14 days notice. Notice will be provided by way of announcement of tariff charge on the Websites. Fees will cease to be payable by you and charged by INTELLIFIX when the TECHNICIAN and END USER have ended connectivity. These Fees are not applicable to the charges payable by END USERS to TECHNICIANS for IT Support, which are covered by clause 6 below. In the event of billing errors reimbursements will be made net of transaction charges via PayPal.

END USER CHARGES FOR TECHNICIAN SUPPORT

6. The cost of IT Support is charged at rates either predefined by a selected TECHNICIAN and accepted by you, or negotiated between you and your selected TECHNICIAN and agreed and accepted by you directly with that TECHNICIAN. INTELLIFIX has no involvement in the transaction or contract between the END USER and your selected TECHNICIAN or any other party you engage with via the INTELLIFIX site. Such charges for IT Support payable directly by the END USER to the TECHNICIAN are incurred when you have agreed to be charged at the agreed rate and agreed payment method agreed by you with the relevant TECHNICIAN and service communication has commenced, whether the support session is resolved to your satisfaction or otherwise. INTELLIFIX accepts no responsibility for TECHNICIANS registered to use the SERVICES or their inability to complete any work carried out for you. The SERVICES does not provide any form of "guaranteed resolution" for problems posed to TECHNICIANS by you. You understand and accept that engagement with a TECHNICIAN introduced to you directly via your use of the SERVICES or indirectly and independently of INTELLIFIX or the Websites is providing you with assistance which is outside the control and responsibility of INTELLIFIX. You are aware that an IT Support service offered by a TECHNICIAN is, where necessary, chargeable. These charges relate directly to skills, knowledge and time when providing assistance and are a matter between the END USER and the TECHNICIAN.

BUYING AND SELLING IT SUPPORT ON THE INTELLIFIX WEBSITES

7. In order to purchase or sell IT SUPPORT on the Websites, END USERS must submit a request to purchase the relevant IT SUPPORT via the Websites to the TECHNICIAN the END USER has selected and no such request will be deemed accepted except by the relevant TECHNICIAN.

7A. When purchasing IT Support VIA THE Websites, you agree to:

(a) be financially responsible for your use of INTELLIFIX and purchase of IT Support;

(b) that you have a valid credit or debit card when registering and continuing to use the SERVICES;

(c) to provide us with personal details (including your name, email address and postal address) that are true and current, and you agree to update us if at any time your personal details change by using the appropriate functions in the "Your Account" section of the Websites;

(d) abide by INTELLIFIX guidelines on posting requests for IT Support assistance and bidding on providing IT Support assistance, which may be updated from time to time;

(c) perform your obligations and complete the transaction and contract as specified by the terms discussed, agreed and accepted between END USER and TECHNICIAN, once you have selected a TECHNICIAN or the TECHNICIAN has agreed and accepted the request to provide IT Support, respectively, unless such transaction or contract is prohibited by law or by this Agreement.

7B. Specifically, upon acceptance of a quotation of a TECHNICIAN for the provision of IT Support, the END USER agrees to purchase that IT Support from that TECHNICIAN and the TECHNICIAN agrees to provide the IT Support according to the terms of the final quotation or bid or business terms agreed to by the parties, subject to any further increase or decrease in project scope. If the scope of the project or IT Support requirement increases beyond the final quoted price after the project or support work begins, the parties are bound to report that higher amount through the INTELLIFIX online quotation system and be bound by any increase agreed.

FEEDBACK RATINGS AND COMMENTS

8. Your use of the SERVICES will allow you to be able to post public feedback about TECHNICIANS with whom you have transacted. You also agree to receive public feedback from TECHNICIANS with whom you have transacted. You acknowledge that your feedback may consist of comments and ratings left by other users and that INTELLIFIX may calculate a composite feedback number based on these individual ratings. TECHNICIANS also agree to be rated by END USERS along several criteria, as determined by INTELLIFIX. INTELLIFIX provides its feedback and rating system as a means through which users can express their opinions publicly, and INTELLIFIX does not monitor or censor these opinions or investigate any remarks posted by END USERS or TECHNICIANS for accuracy or reliability. Please note that you may be held legally responsible for damages suffered by others arising from comments left by END USERS or by TECHNICIANS or third parties as a result of these remarks, if a court finds that these remarks are legally actionable or defamatory. Under law, INTELLIFIX is not legally responsible for any feedback or comments posted or made available on its site by any END USER or TECHNICIAN or third parties, even if that information is defamatory or otherwise legally actionable. You agree NOT to take any actions that undermine the integrity of the feedback system, including but not limited to those outlined in the Feedback Policy of INTELLIFIX on the Websites.

END USER and TECHNICIAN OBLIGATIONS AND WARRANTIES

9. You agree and warrant NOT to do any of the following while using the Websites:

(a) violate any applicable law or regulation;

(b) access, tamper with or use non-public or non-authorized areas of the Websites. Unauthorized individuals attempting to access these areas of the Websites may be subject to prosecution;

(d) solicit or gather any user's information available from the Websites, such as other users' names and email addresses, for any commercial or business purposes or to transmit any unsolicited advertising, "junk mail", "spam" or "chain letters;

(e) do anything which would create or impose an unreasonable or disproportionately large burden or load on the Websites;

(f) frame or link to the Websites except as permitted in writing by INTELLIFIX;

(g) impersonate or misrepresent your affiliation with any person or entity;

(h) post false or misleading information about a product, service or service request;

(i) post or transmit any content that infringes a third party's Intellectual Property Rights or rights of publicity or privacy;

(j) post or transmit any Content that is unlawful, untrue, fraudulent, harassing, libelous, defamatory, abusive, tortuous, threatening, pornographic, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs), overly disparaging or deprecating of INTELLIFIX or other users or otherwise objectionable;

(k) violate any other policies stated on the site

(l) repeat any action after you receive warning or request to desist from INTELLIFIX, whether or not that action is explicitly stated in policies. This includes continuing to use the INTELLIFIX Websites or SERVICES under Your Account, a different account or reregistering under a new account after your membership has been temporarily suspended, indefinitely suspended or terminated.

(m) fail to respond to an email from INTELLIFIX regarding violation, dispute or complaint.

9A. Any breach of the above warranties will entitle INTELLIFIX to suspend your access to the SERVICES and Websites and/or remove any offending material in question posted by you on the Websites from the Websites at INTELLIFIX’s discretion and INTELLIFIX may at its discretion terminate this Agreement immediately.

9C. You will indemnify and keep indemnified INTELLIFIX against all costs, claims, liabilities and expenses (including reasonable legal and professional expenses) incurred or arising from any claim or proceedings by any third party arising out of any breach of the obligations or warranties set out above.

PRIVACY

10. Please see our Privacy Policy, which is incorporated herein by reference.

PROVIDE ACCURATE INFORMATION

11A. You agree to provide true, accurate and complete information as prompted by the registration form for the SERVICES, and maintain and update such information to maintain its truth, accuracy and completeness. Whenever you post any information on or to the Websites (including but not limited to posting a request for IT Support, bidding on a posted project, and/or posting your profile), you agree to provide true, accurate and complete information. INTELLIFIX reserves the right to terminate Your Account and this Agreement upon the discovery that the information you provided or posted is not complete or accurate.

11B. Further, Your Account (including feedback) and User ID may not be transferred or sold to another party.

GUARD YOUR USER ID AND PASSWORD

12. You must safeguard your User ID given to you by INTELLIFIX which you use to access the Websites. You authorise INTELLIFIX to assume that any person using the Websites and SERVICES with your User ID either is you or is authorised to act for you. Your User ID will be invalidated by INTELLIFIX in the event of cancellation or termination of this Agreement for any reason.

PAYMENT OPTION

13. INTELLIFIX enables END USERS the option to transmit payment electronically for IT Support directly to the applicable TECHNICIANS and INTELLIFIX enables both END USERS and TECHNICIANS to pay subscription Fees through Your Account.

NO COMMERCIAL USE

14. Other than using the SERVICES for purchasing IT Support, conferences or meetings in which you are an active participant, and as permitted under the terms and conditions of this Agreement or other written agreements between you and INTELLIFIX, you may not resell, distribute, make any commercial use of, use on a timeshare or service bureau basis, or use to operate a website or otherwise generate income from the SERVICES.

PROPRIETARY RIGHTS

15. INTELLIFIX and/or its suppliers, as applicable, retain ownership of all Intellectual Property Rights or other proprietary rights in the SERVICES, Associated Software and content on the Websites and nothing in this Agreement will in any event assign or transfer ownership of such Intellectual Property Rights or other proprietary rights in the SERVICES, Associated Software and content on the Websites.

15A. You will not remove, deface or obscure any of INTELLIFIX’s or its suppliers' copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the SERVICES, Associated Software or content on the Websites. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any of the Associated Software.

15B. If you wish to use the SERVICES, Associated Software or any content on the Websites for any purpose not envisioned by this Agreement you must obtain express written permission from INTELLIFIX under terms agreed with INTELLIFIX in writing, which permission may be refused at INTELLIFIX’s sole discretion.

TERMINATION

16. You may terminate this Agreement and Your Account on the Website by providing written notice to INTELLIFIX via e-mail to support@intellifix.com. Such termination will be effective on the later of: (a) the last day of the term (if your Agreement has a fixed term), or (b) thirty (30) days after INTELLIFIX are in receipt of your written termination notice.

16A. INTELLIFIX may terminate this Agreement for any reason at any time by 30 days notice in writing (which may be by e-mail) to you.

16B. INTELLIFIX reserve the right to suspend this Agreement for any reason at any time effective immediately whilst reports of abuse or foul play are being investigated. We will, where necessary conduct investigations for any such alleged activity and will terminate the Agreement in full if any breach of this Agreement can be substantiated in accordance with section 16A.

16C. If you fail to comply with any provision of this Agreement, INTELLIFIX may terminate this Agreement immediately without notice. Sections 2 through 14, inclusive, shall survive any termination of this Agreement. Upon any termination of this Agreement, you must cease any further use of the SERVICES and destroy or render safe and or inert any copies of the Associated Software within your possession and control. You will be liable for any Fees owed to INTELLIFIX at time of termination.

EXPORT RESTRICTIONS

17. You acknowledge that the SERVICES or portion thereof may be subject to the export control laws. You will not export, re-export, divert, transfer or disclose any portion of the SERVICES or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation

INJUNCTIVE RELIEF

18. You acknowledge that any use of the SERVICES contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the SERVICES, may cause irreparable injury to INTELLIFIX and under such circumstances INTELLIFIX will be entitled to equitable relief, without posting security, including, but not limited to, preliminary and permanent injunctive relief.

NO WARRANTIES BY INTELLIFIX

19. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS". INTELLIFIX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. INTELLIFIX MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OR THAT THE SERVICES WILL MEET ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU.

19A. You agree to indemnify, defend and hold harmless INTELLIFIX, its officers, directors, employees, consultants, agents, and suppliers from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of the SERVICES, your violation of this Agreement or the infringement or violation by you or any other user of Your Account, of any Intellectual Property Rights or other right of any person or entity. Without limiting the foregoing, the SERVICES are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Without limiting the generality of the foregoing, INTELLIFIX and its suppliers specifically disclaim any express or implied warranty of fitness for such purposes.

LIMITATION OF LIABILITY

20. You acknowledge that the following provision reflects a fair allocation of risk. These terms and conditions set out INTELLIFIX’s entire liability to you and all other liability of INTELLIFIX to you is hereby excluded, subject that nothing will exclude or restrict INTELLIFIX’s liability for fraudulent misrepresentation and/or for death or personal injury (including but not limited to sickness and death) to the extent that such injury results from INTELLIFIX’s negligence or willful default, or that of its servants, agents or subcontractors.

20A. You agree that INTELLIFIX’s total liability under these terms and conditions will not exceed (death or personal injury excepted) the Fees paid by the you to INTELLIFIX for the SERVICES in the 12 months prior to the alleged event giving rise to such liability, including where such liability arises out of INTELLIFIX’s negligence.

20B. In no event will INTELLIFIX be liable to you whether in contract, tort, by statute or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage arising out of or in connection with the provision of the SERVICES, including without limitation: loss of revenue, loss of anticipated savings, loss of business and/or goods, loss of goodwill, loss of use, loss and/or corruption of data and/or other information. For the avoidance of doubt, neither the types of loss and/or damage specified above nor any similar types of loss and/or damage will constitute direct loss for the purposes of this Agreement.

20C. Whilst INTELLIFIX will use its reasonable endeavours to ensure that the SERVICES, Associated Software and Websites operate correctly and as represented to you on the Websites and in these terms and conditions and will use reasonable efforts to correct technical errors wherever possible within a reasonable time, INTELLIFIX does not warrant or guarantee that the SERVICES, Associated Software and Websites will operate in an error free manner.

20D. Without prejudice to the limitation of liability set out above, INTELLIFIX hereby disclaims all liability for and you acknowledge and accept that INTELLIFIX will not be liable for:

(a) any technical errors in the loading or posting of information via the SERVICES. In the event that a technical error occurs in the loading or posting of information via the SERVICES which materially detracts from it, INTELLIFIX will use reasonable efforts to re-load or re-post the information or the relevant parts of it to rectify the error;

(b) any delays in the provision of the SERVICES, including without limitation uploading or posting or taking down of information on the Websites. In any event, time will not be of the essence in INTELLIFIX’s performance of its obligations under this Agreement;

(d) technical downtime or interruptions to the SERVICES, Associated Software and Websites or temporary inaccessibility to Your Account.

RETENTION OF INFORMATION (DATA PROTECTION)

21. RETENTION OF INFORMATION (DATA PROTECTION). All persons involved with INTELLIFIX and the use of the SERVICES are reminded that all protocols and conditions etc regarding the use of (but not limited to) the use and retention of personal information whether between TECHNICIAN and END USER or whatever source may need to register with DATA PROTECTION AGENCIES within the country of domicile. INTELLIFIX disclaims any responsibility how so ever caused by any TECHNICIAN or END USER of the SERVICES for non registration and conformity to regulatory licensing and conformance to data protection and all legal requirements. It is specifically agreed therefore that all TECHNICIANS or END USER seek out applicable conditions of DATA PROTECTION which may effect them and will comply with same and will totally indemnify INTELLIFIX from any causation resulting from any violation of data protection regulations and non conformity.

21A. INTELLIFIX agrees that in processing personal data relating to you, it will comply with all relevant legislation, including but not limited to the Data Protection Act 1998 (United Kingdom).

FURTHER DISCLAIMERS

22.Subject to clause 20 above, INTELLIFIX is not responsible for the conduct, whether online or offline, of any END USER or TECHNICIAN or otherwise registered member of INTELLIFIX. INTELLIFIX assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, END USER or TECHNICIAN communications. INTELLIFIX is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any person's computer related to or resulting from participating or downloading materials in connection with the INTELLIFIX Websites or SERVICES.

22A. Subject to clause 20 above, under no circumstances will INTELLIFIX be responsible for any other loss or damage resulting from anyone's use of the INTELLIFIX Websites or SERVICES, or any interactions between users of the INTELLIFIX Websites or SERVICES, whether online or offline.

CHOICE OF LAW AND FORUM

23. This Agreement shall be governed by and construed under the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

TAXATION AND REGULATORY DISCLOSURE

24. TAXATION AND REGULATORY DISCLOSURE. When business has been transacted between participating TECHNICIANS and END USER resulting in a profit or income stream between the TECHNICIAN (but not limited to) and the END USER, or any person or entity involved in the use of the SERVICES, INTELLIFIX advises that it is the sole responsibility of the TECHNICIAN and END USER to meet all regulatory requirements and the retention of any supporting accounting documentation and the remittance of such documentation to the relevant taxation authorities in the country of the TECHNICIAN and END USER.

WAIVER AND SEVERABILITY

25. Failure by either party to exercise any of its rights under or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.

GENERAL PROVISIONS

26. This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter.

26A. INTELLIFIX may change the terms of this Agreement at any time by posting modified terms on the Website.

26B. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes.

26C. All notices or other correspondence to INTELLIFIX under this Agreement must be in writing (which may be by e-mail) and sent to the address provided by the parties to each other for this purpose, or other address as provided by the parties from time to time for such purpose.

26D. Any and all rights and remedies of INTELLIFIX upon your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on INTELLIFIX, and the exercise of any one remedy will not preclude the exercise of any other.

26 C. The captions and headings appearing in this Agreement are for reference only and will not be considered in construing this Agreement.

END OF TERMS AND CONDITIONS.