Last updated on Friday, Oct 25, 2024
The terms of this service agreement (“Agreement”) are made between Migrapreneur UG ("MIGRAPRENEUR"), and any authorized user as defined in Section 1. g. (“Authorized User”), each an “Authorized User” and, collectively, “Authorized Users”, who have access to the Services, as defined in Section 1(a) below, on behalf of their employer or other entity of behalf of which they are lawfully authorized to act (“Organization”). MIGRAPRENEUR and Authorized Users are each a “Party” and collectively referred to as the “Parties.”
Authorized Users are gaining access to one or more service(s) as more specifically defined in Section 1. a. (“Services' '), some of which may be delivered through this or any other MIGRAPRENEUR operated website (' 'Site”). In some instances, an Authorized User may be gaining access to Services through MIGRAPRENEUR or a (“Sponsoring Organization”) that provides Authorized Users other products, solutions or resources (“Sponsoring Organization Resources' ').
BY CLICKING THE ACCEPTANCE BUTTON OR ACCESSING THE SITE, USING OR INSTALLING ANY PART OF THE SERVICES, INCLUDING ADVICE SERVICES OR CONTENT SERVICES, AUTHORIZED USERS EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT. IN ADDITION TO ITS APPLICATION TO THE ONLINE PORTION OF THE SERVICES DELIVERED THROUGH THE SITE, THIS AGREEMENT APPLIES TO THE ADVICE SERVICES BEING PROVIDED ON THE TELEPHONE TO AUTHORIZED USERS PRIOR TO AND SUBSEQUENT TO THEIR ENTERING INTO THIS AGREEMENT, SHOULD THE ADVICE FEATURE BE INCLUDED IN AUTHORIZED USERS’ ACCESS. IF AN AUTHORIZED USER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED, MIGRAPRENEUR WILL PROMPTLY CANCEL THIS TRANSACTION AND THE AUTHORIZED USER MAY NOT ACCESS ANY SITE, USE OR INSTALL ANY PART OF THE SERVICES. ALL TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE.
- 1. SERVICE TERMS AND LIMITATIONS
- Description of Services (“Services”). MIGRAPREPRENEUR offers and facilitates access to various consulting content, solutions, and advice in the primary areas of Legal Services, Tax Services, and Business Consulting. Authorized End-Users may gain access to one or more or a combination of these Services. Regardless of which Services the Authorized User has access to, the terms of this Agreement apply. The Services are not limited to, but may specifically include: (i) Booking online platforms consulting and support in response to questions from Authorized Users, whether submitted via online call or email, or referencing Authorized User content, when the Service used permits submission of Authorized User content, (“Advice Services”), or (ii) Online Site access to content and solutions (“Content Services”).
- Services Terms. The Services are not intended to supplant, nor does it supplant, any duty imposed upon any Authorized User to comply with applicable law. Migrapreneur does not provide legal consultation, rather connects our end-users with the professionals able to do so. All rights, title, and interest in the services, including intellectual property, belong to Migrapreneur. Subject to timely payment of fees and adherence to this Agreement, Authorized Users are granted a non-transferable, non-exclusive right to use the services. This license does not grant ownership, and any unauthorized use may result in the suspension or termination of access. Migrapreneur is constantly changing and improving the Services, and may add or remove functionalities or features, or may suspend or stop the Services altogether. Migrapreneur may stop providing the Services to any Authorized User or add or create new limits to the Services (including the number of Authorized Users allowed) at any time.
- Accessibility. Authorized User agrees that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which MIGRAPRENEUR may undertake from time to time; or (iii) causes beyond the control of MIGRAPRENEUR or which are not reasonably foreseeable by MIGRAPRENEUR. Nevertheless, we assure up-front communication if any interruption done by our side, might affect mutual services.
- Equipment. Authorized User shall be solely responsible for providing, maintaining and ensuring compatibility with the Services, all hardware, software, electrical and other physical requirements for Authorized User’s use of the Services, including, without limitation, call platforms, and internet access connections and links, web browsers or other equipment, programs and services required to access and use the Services.
- Sources. Authorized User agrees that all or some of the Advice Services and Content Services may be delivered by a variety of third party Service Providers, Sponsoring Organizations, or other independent third party service providers, independent third party sources, or publicly available sources, all collectively (“Sources”). The Authorized User understands that no party other than each such Source guarantees the accuracy of, or assumes any liability for any Services, including Advice Services and Content Services. Access to any Services, including Advice Services and Content Services, will be facilitated as general best practices support, and each Authorized User hereby expressly acknowledges and agrees that the provision of and access to such Services, including Advice Services and Content Services, is subject to the specific terms and conditions of each of the Sources. Notwithstanding Section 7 of this Agreement, the Authorized User further acknowledges that in the event the law(s) applicable to the topics addressed in the Authorized User’s use of the Services changes after the date the Services are accessed by the Authorized User, whether through the Advice Services or Content Services, that neither the Sources nor Migrapreneur will contact the Authorized User concerning any such changes.
- Sponsoring Organization Resources. “Sponsoring Organization Resources”, such as those materials and/or information provided by a Sponsoring Organization, are not considered Services and are therefore, not subject to this Agreement. MIGRAPRENEUR is facilitating access to Sponsoring Organization Resources, which is independent third-party content.
- Authorized Users.
MIGRAPRENEUR’s Authorized Users, also known as CLIENTS, are the sole property and inure to the benefit of MIGRAPRENEUR for any and all Services provided by the Third Party Service Providers including the initial introduction to the Third Party Service Provider by MIGRAPRENEUR and all ongoing Services provided the Third Party Service Provider, whether through the MIGRAPRENEUR IP or not. It is the responsibility of the Authorized User to inform MIGRAPRENEUR when the MIGRAPRENEUR Authorized User stops using MIGRAPRENEUR IP to access Services from Third Party Service Provider. Furthermore, Authorized User agrees that MIGRAPRENEUR Authorized Users shall not be eligible to become Thirds Party Service Providers clients for two (2) years after the termination of the Agreement between MIGRAPRENEUR and Third Party Service Provider.
Authorized Users include (i) any person who is authorized specifically by Migrapreneur to complete the registration process to open and maintain an account with Migrapreneur for Services, on behalf of their Organization; (ii) only those employees who are authorized by their Organization to use the Services and possess a level and responsibility that are appropriate to receive the Services and obtain the information received as a result thereof; and (iii) a broker, third party administrator, or other representative for an Authorized User as may be specifically requested by an Authorized User and approved by Migrapreneur from time to time. To the extent permitted by the Services offered under the terms of this Agreement, an Authorized User may upload/submit content to Migrapreneur, and by doing so the Authorized User grants Migrapreneur and any Source referencing the Authorized User’s content a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use it to deliver Services to the Authorized User and for aggregate data analysis to improve and enhance the Services. Nothing in this Agreement shall restrict other legal rights Migrapreneur may have to Authorized User content, for example under other licenses. Migrapreneur reserves the right to remove Authorized User content for any reason. Any content uploaded/submitted to Migrapreneur will NOT be reviewed by any Source for the purpose of determining whether the content itself is compliant with applicable law, but will instead be used as reference material ONLY, in the course of rendering Services to the Authorized User who uploaded/submitted that material. Said materials will be retained pursuant to Migrapreneur’s document retention policy for a period of not less than 6 years, measured from the date of termination of this Agreement with the Authorized User, and said materials will be accessible to the Authorized User for the 12-month period commencing as of the date it is uploaded/submitted to Migrapreneur.
- 2. LIMITATIONS
- Security. Authorized Users shall be solely responsible for the security, confidentiality and integrity of all messages and the content that the Authorized User receives, transmits, or stores on the Services. Authorized Users shall be solely responsible for any authorized or unauthorized access to Authorized User’s account by any person. Authorized User agrees to bear all responsibility for the confidentiality of Authorized User’s password and all use or applicable charges incurred from use of the Services with Authorized User’s password. Authorized Users agree to take commercially reasonable steps to prevent access to the Services (whether by internet, phone or otherwise) by any person other than Authorized Users, to report promptly to Migrapreneur any access to the Services by unauthorized persons, and to indemnify Migrapreneur for any claims resulting from access by unauthorized users.
- Confidentiality. Migrapreneur respects each Authorized User’s confidentiality. Migrapreneur will not disclose or publish any confidential information about an Authorized User or Authorized User’s account, other than to any Sources as is necessary to provide Services, without Authorized User’s prior consent unless Migrapreneur has a good faith belief that such action is necessary to: (i) comply with legal process or other legal requirements of any governmental authority, (ii) protect and defend the rights or property of Migrapreneur; (iii) enforce this Agreement; (iv) protect the interests of other Authorized Users of the Services; or (v) operate or conduct maintenance and repair of Migrapreneur’s services or equipment, including the Services as authorized by law. However, Authorized Users shall have no expectation of confidentiality with respect to the Internet generally. Authorized User’s IP address is transmitted and recorded with each message Authorized User sends from the Services. Migrapreneur owns all data, communication and information as a result of Services. Migrapreneur may disclose or publish non-confidential information about an Authorized User or Authorized User’s account and usage including, but not limited to, statistical data, trends, traffic, logins, access to content, general issues supported through Booking Services, transactions and periodicity, actual un-identified questions answered through Services and other information regarding and resulting from Authorized Users’ type of use and frequency of use of the Services. Authorized Users' specific details of the specific communications as part of the Advice Services with Service Providers is strictly confidential and will not be disclosed or published by Migrapreneur except on an un-identifiable basis.
- Service Providers. Migrapreneur facilitates access to a variety of contracted third party service providers across the various Services (each a “Service Provider” and collectively “Service Providers”). In the instance that a Service Provider is a law firm which delivers Advice Services to an Authorized User, Authorized Users acknowledge that in the ordinary course of representing clients, any Service Provides may be or become adverse to a current Authorized User while providing Advice Services; thus, by continuing with any Advice Services inquiry each Authorized User agrees that it may not assert Service Provider’s provision of services through the Advice Services as a reason to disqualify Service Provider. While the Advice Services are confidential, use of the Advice Services does not create an ongoing attorney-client relationship between any Service Provider and any Authorized User, and therefore Service Providers do not perform any conflict check or other diligence before providing Advice Services to any Authorized User. The Services provided by Migrapreneur are designed to provide answers to best practices questions that can be answered without the need for extensive investigation or legal research. If a question requires significant time or research, Authorized Users will need to retain counsel of their choice whether or not such a determination is made by a Service Provider representative.
- Privacy. Services are subject to all the specific Terms and Conditions and Privacy Policy Outlined Here.