THIS AGREEMENT GOVERNS YOUR ACQUISITION AND USE OF OUR SERVICES.
YOU AGREE THAT THIS AGREEMENT (DEFINED BELOW) IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY ON WHOSE BEHALF THE SERVICE IS USED: FOR EXAMPLE, YOUR EMPLOYER.
BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
"You" or "Your" means the company or other legal entity for which you are accepting this Agreement.
"We," "Us" or "Our" means Ebiz Online Solutions PLC.
“User” means an individual who is authorized by You to use a Service, for whom You have ordered the Service, and to whom You (or We at Your request) have supplied a user identification and password.
“Services” means the services that are ordered by You and made available online by Us through the 2merkato.com Tender Service application.
“Content” means information obtained by Us from publicly available sources and provided to You pursuant to an Order Form.
“Order Form” means an ordering online form specifying the Services to be provided hereunder that is entered into between You and Us.
“Subscription Fees” means the fee for services specified under the respective Order Form.
Ebiz Online Solutions PLCs’s., 2Merkato.com Tender Service contains announcements of bidding and contracting opportunities with Federal government entities, Regional state entities, private companies, and non-governmental organizations. 2merkacto.com Tender Service is provided by Ebiz Online Solutions, PLC., to Subscribed Users only. As part of Our service, We agree to provide you with bidding informations subject to the terms of these Terms of Service Agreement.
(a) We will make the Services available to You pursuant to this Agreement and the applicable Order Forms, (b) provide Our standard support for the Purchased Services to You at no additional charge, and (c) use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for: (i) scheduled or unexpected server downtime, and (ii) any unavailability caused by circumstances beyond Our reasonable control, including but not limited to, Internet service provider failure or delay, or denial of service attack.
You acknowledge that your ability to access and use the Services may require the payment of third party fees (such as telephone toll charges, ISP, or airtime charges) and that you are responsible for paying such fees. Ebiz Online Solutions PLC. is not responsible for any equipment or third party services you may need to be able to access and use the Services.
You will not (a) make the Services or Content available to, or use any Services or Content for the benefit of, anyone other than You or Users, (b) sell, resell, license, sublicense, distribute, rent or lease any Services or Content, (c) copy a Service or any part, feature, function or user interface thereof, (d) copy Content except Your own internal business purposes, (e) frame or mirror any part of any Service or Content, other than framing on Your own intranets or otherwise for Your own internal business purposes, (f) access any Service or Content in order to build a competitive product or service, or (g) reverse engineer any Service.
6.1 Subscription Fee: Use of the Services is subject to your payment of fees (the "Subscription Fees") specified in Order Forms, which may vary according to the subscription option to which you have subscribed.
6.2 Refund Policy: (a) If you are not 100% satisfied with our Services, we will fully refund the Subscription Fees. (b) The refund policy is not applicable for Subscribers in Ethiopia who pay in cash or check. (c) The refund policy is also not applicable for existing customers who upgrade their existing subscription.
THE SERVICES ARE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE BASIS" "WITH ALL FAULTS" AND WITHOUT WARRANTY OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, NEITHER EBIZ ONLINE SOLUTIONS PLC., NOR ANY DIRECTOR, OFFICER, OR EMPLOYEE OF THE COMPANY WARRANTS THE ACCURACY, RELIABILITY OR TIMELINESS OF ANY INFORMATION PUBLISHED ON 2MERKATO.COM TENDER SERVICES, NOR ENDORSES ANY CONTENT, AND SHALL NOT BE HELD LIABLE FOR ANY LOSSES CAUSED BY RELIANCE ON THE ACCURACY, RELIABILITY OR TIMELINESS OF SUCH INFORMATION. PORTIONS OF SUCH INFORMATION MAY BE INCORRECT, NOT CURRENT, OR CONTAIN TYPOGRAPHICAL OR CLERICAL ERRORS. THE INFORMATION CONTAINED IN THIS PUBLICATION IS INTENDED ONLY AS NOTIFICATION OF AVAILABLE BIDDING AND CONTRACTING OPPORTUNITIES. ANY PERSON OR ENTITY THAT RELIES ON ANY INFORMATION OBTAINED FROM THIS SERVICE DOES SO AT THEIR OWN RISK.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL EBIZ ONLINE SOLUTIONS, PLC., ITS DIRECTORS, OFFICERS, OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE 2MERKATO.COM TENDER SERVICES OR ANY RELIANCE THEREUPON.
EBIZ ONLINE SOLUTIONS, PLC’s, TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE LAST TWELVE (12) MONTHS, IF ANY. IN NO EVENT WILL EBIZ ONLINE SOLUTIONS, PLC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
9.1 Term of Agreement. This Agreement commences on the date You first accept it and continues until the subscription hereunder have expired or have been terminated.
9.2 Term of Purchased Subscriptions. The term of each subscription shall be one (1) year beginning from the date of payment of the subscription fee.
9.3.1 By Ebiz Online Solutions PLC.: We may at any time and upon written notice to You immediately terminate this Agreement and your access to the Service, or suspend or restrict your access to the Service in whole or in Part if:
(a) You breach this Agreement
(b) You breach section 5 (USAGE RESTRICTIONS) of this agreement
9.3.2 By You: You may terminate this Agreement or your subscription to the Services at any time for any reason or no reason by contracting 2merkato.com Tender Services., customer service.
By accessing and using the Service, you and Ebiz Online Solutions PLC agree that all matters relating to this Agreement and your access to, or use of, the Service shall be governed by and construed in accordance with the laws in force in the Federal Democratic Republic of Ethiopia.