The BEEM CONSULT website located at www.beemcon.com is a copyrighted work belonging to BEEM CONSULT GHANA LIMITED. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.
All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
Subject to these Terms. BEEM CONSULT grants you a non-transferable, non-exclusive, revocable, limited license to access the Site for both personal and commercial use.
Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.
Support or Maintenance. You agree that BEEM CONSULT will have the sole obligation to provide you with any support in connection with the Site, its product and/or services. You approve that there may be service interruptions at such times, and that BEEM CONSULT will not be held liable to you or any third-party for any change, interruption, or suspension of any part of the site
Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by BEEM CONSULT or it’s suppliers. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights. BEEM CONSULT and its suppliers reserve all rights not granted in these Terms.
The terms of service shall govern the relationship between BEEM CONSULT, 19 Titus Glover street, Accra, Ghana (“BEEM CONSULT”) and its customers (“Customer”) with respect to the licensing by BEEM CONSULT of its software and the provision by BEEM CONSULT of certain services. Accordingly, subject to these terms and conditions, BEEM CONSULT may provide Customer with (i) certain software installed on Customer computers as well as accessed and used via web browser, and apps for mobile terminals (e.g. iOS, Android) that enable the remote maintenance of computers, (collectively “Software”), and (ii) related support services (“Support Services”) referred to herein as “Services”.
Unless otherwise indicated, BEEM CONSULT software products and/or services has an initial Contract term of twelve (12) months (“Initial Term”) and shall subsequently be renewed automatically for additional periods of twelve (12) months (each a “Renewal Term”), unless either party notifies the other party no less than twenty eight (28) days prior to the end of the Initial Term or any Renewal Term that it has elected not to renew the Contract.
During the Contract term, the Customer shall pay BEEM CONSULT the recurring user fee specified in the Order for the rights of use to the product and/or services on our website. The Customer acknowledges and agrees that the payment shall be collected either on account or made payable to BEEM CONSULT (depending on customer geographical location) per the issuance of an invoice
Customers (“Customer”) on our prepaid revenue collection service acknowledge and agree that an amount of not more than 1.50% of deposit(s) being processed by BEEM CONSULT shall be levied as service charge. The payment of service charge shall be deducted on account or made payable to BEEM CONSULT per the issuance of an invoice
Unless otherwise specified, all user fees shall be due on receipt or seven(7) days prior to the expiration of the current license term.
BEEM CONSULT shall be entitled to increase the user fee effective as of the end of the Initial Term or any Renewal Term by providing Customer with notice of such price increases either in writing or through BEEM CONSULT website notifications.
If the Customer defaults on the payment of the user fee, BEEM CONSULT shall be entitled to suspend the Services temporarily (“Suspension”). However, BEEM CONSULT shall warn the Customer of the Suspension reasonably in advance, e.g. via email or notifications in the Software. The Suspension shall not take place or respectively be stopped once the Customer has made his payment in full. During the Suspension period, customer's access to online and offline system services may be blocked. The Customer’s obligation to pay the user fee shall continue to be in effect during the Suspension period.
BEEM CONSULT may terminate the Contract if the Customer defaults on the payment of the user fee and fails to cure the breach within fifteen (15) days of receiving notice from BEEM CONSULT. Termination is in addition to (and not in lieu of) any other rights and remedies available to BEEM CONSULT hereunder or at law or in equity.
Termination for Breach
Either Party may terminate the Contract in the event of a material breach of the Contract by the other party that is not cured within thirty (30) days of written notice thereof from the other party (provided that Customer shall only have fifteen (15) days to cure any payment breach).
We may also terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of our terms. BEEM CONSULT will not have any liability whatsoever to you for any termination of your rights under these Terms.
Unless otherwise specified above, termination does not require a notice period. Termination must be made in writing (signed letter, telefax) or in text form (e.g. email). The Customer shall address its termination notice to BEEM CONSULT, 19 Titus glover street, Accra Ghana or respectively contact us via this link. BEEM CONSULT may also terminate a Contract by means of a respective notification within the Software.
Consequences of the termination
Upon termination or expiration of the Contract, the Customer shall delete the Software from its computers and refrain from any further use of the Software. Upon the termination or expiration of the Contract, the Customer shall no longer have access to the data stored by Customer in the Software, and/or third-party accounts. The Customer shall be solely responsible for exporting the data – as far as possible – prior to the termination or expiration of the term of the Contract by means of the Software functions and to store it for further use. BEEM CONSULT shall not be obligated to any further release of data. Upon termination or expiration of the Contract, BEEM CONSULT shall delete the Customer’s data that is processed for the purpose of performance of the Contract, unless BEEM CONSULT is obligated by law to store it. If a deletion is only possible with unreasonable efforts (e.g. in backups), BEEM CONSULT shall be entitled to restrict the processing of such data. This shall not affect BEEM CONSULT’s right to use non-personal or anonymous data
Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of BEEM CONSULT, and BEEM CONSULT is not responsible for any Third-Party Links & Ads. BEEM CONSULT provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that BEEM CONSULT will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
You hereby release and forever discharge BEEM CONSULT and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site.
Cookies and Web Beacons. Like any other website, BEEM CONSULT uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.
The site is provided on an "as-is" and "as available" basis, and BEEM CONSULT and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
To the maximum extent permitted by law, in no event shall BEEM CONSULT or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if BEEM CONSULT has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
BEEM CONSULT respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to our designated Copyright Agent:
Please note that, any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with BEEM CONSULT and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by BEEM CONSULT that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and BEEM CONSULT, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the BEEM CONSULT should be sent to: 19 TITUS GLOVER STREET. After the Notice is received, you and BEEM CONSULT may attempt to resolve the claim or dispute informally. If you and BEEM CONSULT do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through an established dispute resolution provider that offers arbitration as set forth in this section. The parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than One Thousand U.S. Dollars (US $1,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is more than One Thousand U.S. Dollars (US $1,000.00), the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless the parties agree otherwise. The arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or BEEM CONSULT pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the ADR Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and BEEM CONSULT, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the ADR Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and BEEM CONSULT.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and BEEM CONSULT in a suit to vacate or enforce an arbitration award or otherwise, YOU AND BEEM CONSULT WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with BEEM CONSULT.
Small Claims Court. Nonetheless the foregoing, either you or BEEM CONSULT may bring an individual action in small claims court.
Emergency Equitable Relief. Anyhow the foregoing, either party may seek emergency equitable relief before a court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts, for such purposes.
The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from BEEM CONSULT, or any products utilizing such data, in violation of the United States export laws or regulations.
Electronic Communications. The communications between you and BEEM CONSULT use electronic means, whether you use the Site or send us emails, or whether BEEM CONSULT posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from BEEM CONSULT in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that BEEM CONSULT provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.
Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to BEEM CONSULT is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without BEEM CONSULT’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. BEEM CONSULT may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Address: 19 TITUS GLOVER STREET, ACCRA, GHANA