1.1 Acceptance of these Terms and Conditions shall create a contract between InboxVision and the Customer (the "Agreement").
1.2 InboxVision acknowledges that the terms of this Agreement do not amend or change the terms of any other agreement, which the InboxVision may have entered into with the Customer.
2. Providing Introductions
2.1 Where the Customer seeks to make a prospective Introduction to InboxVision, the Customer shall make available the following details of the prospective Introduction:
a) its address and
b) the name of a contact with telephone number and email address
2.2 The Customer will be advised from time to time of the means by which such introductions are to be provided to InboxVision. The details of each prospective Introduction will be verified to ascertain whether the prospective Introduction will purchase a InboxVision product. If the outcome of this investigation is positive, the prospective Introduction will be entered to the Company's sales tracking systems for prospective allocation within the InboxVision sales team.
2.3 Following receipt of details of the prospective Introduction, the InboxVision sales team may attempt to enter into an agreement for myemarketinglandscapeproducts with such prospective Introduction under InboxVision's standard terms and conditions of service, but shall be under no obligation to approach the prospective Introduction whatsoever.
2.4 In the event that there is an agreement signed between InboxVision and the prospective Introduction for the provision of InboxVision products for a minimum period of 3 months and such products have been successfully supplied to the satisfaction of the prospective Introduction, InboxVision will render a benefit to the Customer as set out in Clause 3 below (a "Benefit").
3. The Benefit
3.1 myemarketinglandscapewill make a single payment of a £50 Amazon gift voucher for each Introduction which results in an order being placed. If the Customer is an existing user of InboxVision products, then the Customer may alternatively choose to be supplied withmyemarketinglandscape products to the same retail value of £50.
3.2 The Client shall be responsible for any income or other taxes due in respect of or arising out of the Benefit, other than VAT on the service provided by the InboxVision as identified in Clause 3.1 above.
4. Limitation of Liability
4.1 Other than the obligation to pay the Benefit for a successful Introduction and to comply with the terms of Clause 6 below, InboxVision shall have no other liability to the Customer in contract, tort or otherwise including any liability for negligence or for breach of statutory duty pursuant to the operation of this Agreement. Without prejudice to the generality of the foregoing, InboxVision shall not be liable for:
(a) any loss of revenue, business, contracts, anticipated savings, or profits; or
(b) any indirect or consequential loss;
howsoever arising and whether or not InboxVision or the Customer was advised of the possibility of such losses. The restrictions on liability in this Clause 4 shall apply whatever the cause of action, whether in contract, tort (including negligence), statutory duty, strict liability or otherwise.
The person accepting compliance on behalf of the Customer with these Terms and Conditions represents and warrants on behalf of the Client as follows:
(a) that they have the authority to agree to enter into this Agreement;
(b) that the Customer has the authority to disclose to InboxVision the details of any prospective Introduction made hereunder; and
(c) that the Customer shall not and shall not cause any other person to make any statements about InboxVision or InboxVision products, which is not either set out in InboxVision's standard service documentation or its website, or has been otherwise authorised in writing by InboxVision to the Customer.
The Customer agrees to indemnify InboxVision in full for any breach of these representations and warranties.
6. Confidentiality and data protection
InboxVision shall ensure that the details of any prospective Introduction made by the Customer shall be used only for the purposes reasonably anticipated by this Agreement and shall not be used for any other purposes.
7. Agreement Term and Termination
This Agreement shall come into effect immediately upon acceptance by the Customer of these Terms and Conditions and may be terminated in writing by either party at any time except that such termination shall be without prejudice to the rights and obligations of either party accrued prior to such termination, including but not limited to the obligation on the Customer to honour any extension to the minimum term of services provided by which have been agreed as a result of the operation of this Agreement.
The Customer acknowledges that this Agreement is intended to create the relationship of independent contractors and:
(a) nothing in this Agreement constitutes a relationship of employer and employee, principal and agent, partnership or joint venture between InboxVision and the Customer; and
(b) theCustomer has no right to bind InboxVision in contract or otherwise at law.
Part or all of any Clause of this Agreement that is illegal or unenforceable will be severed from this Agreement and will not affect the continued operation of the remaining provisions of this Agreement.
10. Governing Law
This Agreement is governed by and construed in accordance with English law, and the parties hereby submit to the exclusive jurisdiction of the English courts.