Terms

Standard Terms & Conditions – StartADAM by Speedlancer
2017 S Palm Grove Ave., Los Angeles CA  90016 (“us”. “we” and “our”)
P: +1 (415) 413-3103
W: https://StartADAM.com

StartADAM brings internal and external teams together by creating cross-platform communication between tools. The software is being offered as a service (SAAS).

1.1 Your customer contract with us (Speedlancer, Inc. includes (a) these terms; (b) our Service Application; and (c) our Acceptable Use Policy (“customer contract” or “service contract”).

1.2 Dictionary Definitions contained in this dictionary apply to this application

“Client / Customer means the party described as such on Speedlancer’s application You / Your” order form and the terms can be used interchangeably.

“Goods” means, unless the context requires otherwise, goods or materials supplied by Speedlancer as part of the provision of services.

“Contact Information” means the contact details, including addresses, telephone numbers, email addresses, websites, employee names, or similar of the customer.

“Customer Information” means, other than Contact Information, any information, including data such as email data, web traffic data and any other data, in whatever form, acquired by Speedlancer in the provision of a service to a customer.

“Trial Service” a service provided to you for a limited time for the purpose of evaluating that service;

“Trial Period” the period of time for which we agree to provide a Trial Service, and in the absence of an express time, 30 days from the time the service is made available for use (even if the service is used from a later date);

“Service” means any service (or combination of services) we agree to provide you.

2.1 Speedlancer may agree to provide the Client with any goods and/or services requested by the Client from time to time, at such prices and/or rates as the parties may agree. The parties acknowledge that this Application will apply to the provision of all such goods and services unless the parties agree otherwise in writing.

2.2 All invoiced prices, freight charges, taxes and other costs related to the provision and/or delivery of goods or services under this Application will be borne by the Client and paid in accordance with clause 8. Without limiting the operation of the preceding sentence, the Client agrees to pay for all goods and services and other taxes imposed in respect of the supply of goods or services under this Application, provided that Speedlancer supplies an invoice specifying the amount so payable in respect of each supply.

2.3 The Customer agrees that for the purposes of any dealing with any Internet service provider or other third party, there is no relationship of agency created between the Customer and Speedlancer and the Customer must deal directly and solely with the Internet service provider or other third party. Customer further agrees that it accepts the terms and conditions of said third party applications and services. (For clarity, as an example, if Speedlancer® through StartADAM® connects Skype® and Telegram® for the Customer and Customer communicates this way then Customer also accepts the terms and conditions of Skype® and Telegram®) Local  or International SMS / data rates may apply. Third party platforms may charge additional fees which are not a part of StartADAM’s fees.

2.3.1 If Customer enters their phone number for the purposes of using SMS or Whatsapp or Telegram, Speedlancer does record the number and reserves the right to call Customer for marketing and informational purposes.

2.4 When using the Service, you must comply with these Terms, the Speedlancer Acceptable Use Policy and any other instructions by Speedlancer whether via its website or otherwise. You are also responsible for the use of your Account by any other person (whether you have given them permission to use it or not) and you must ensure that they also comply.

2.4.1 When using any Service, you must not break any laws, infringe the legal rights of any person, including, but not limited to: fraud, privacy violations and pornography or cause harm to the Service (including our equipment) or its users. For example, You must not:

(a) interfere with or disrupt the Service, any other computer system or anyone else’s use of them (or attempt to do any of these things), including by distributing viruses or deliberately attempting to overload a system;

(b) access, monitor or use any data, systems or networks without authority (for example by hacking) or attempt to probe, scan or test the vulnerability of any data, system or network;

(c) send or relay unsolicited bulk communications;

(d) forge or falsify any information including, but not limited to: header information, email source addresses or user information;

(e) engage in any activities which expose Speedlancer to liability.

3.1 All goods are to be delivered, and all services are to be provided, by Speedlancer with due care and diligence to or at the Client’s premises, unless another place or method (such as remote communications access) is agreed by the parties.

3.2 In order to receive Speedlancer services, you must submit your details via the Speedlancer application in the format presented.

3.3 Upon receipt of your application, you will have access to StartADAM Services. 

3.4 StartADAM may offer trial periods and at the end of those trial periods we reserve the right to close communication channels and cease providing the services if you do not agree to upgrade to a paid account.

3.6 You agree to accept and pay for our Service(s) a month in advance (The default invoicing option). Your fees will be calculated in accordance with the information you provided when you registered for the Service(s). Payments will be taken automatically via your chosen method. Enterprise contracts will supersede all terms contained herein unless the term is not addressed in the Enterprise contract. 

3.7 Speedlancer may contact you approximately four days prior to the completion of any term notifying you of the terms renewal.

All warranties are disclaimed except those specifically stated herein as accepted by us. The software as a service is being provided “As Is” with all faults and errors with NO guarantees. All express or implied representations, conditions, warranties and remedies relating to goods or services that we supply are excluded. We are not liable for any indirect, special, economic or consequential loss or damage or loss of revenue, profits, goodwill, bargain or opportunities or loss or corruption of data or loss of anticipated savings that you incur or suffer in any way, whether:

1. WHETHER CAUSED BY A THIRD-PARTY HACKING US, 
2. OUR OWN NEGLIGENCE, GROSS OR OTHERWISE OR 
3. TORTIOUS ACTS 
4. UNLESS WE ACTUALLY KNEW THE LOSS OR DAMAGE WOULD OCCUR.; 

We do warrant that all messages while in transfer in our systems sent or received are encrypted.

APIs calls to external systems (such as apps and integrations) send messages unencrypted but via a safe HTTPS connection. 

WE USE EXTERNAL API’S FORWHICH WE BELIEVE WE HAVE PERMISSION BUT ARE NOT LIABLE FOR AND DO NOT ACCEPT ANY LIABILITY ASSOCIATED WITH THE USE OF SUCH APIs.

Subject to section 4, our maximum aggregate liability under a customer contract, whether for breach of these terms or in negligence or in any other tort or for any other common law or statutory cause of action or otherwise is the amount equal to the fees you have paid to us under the customer contract in the preceding billing period.

4.1. We will not be liable to you for data loss under any circumstances. We are not liable for the content sent through our system and you specifically indemnify us in association with all content sent through our system / servers. We reserve the right, in our sole discretion, to close communication channels for any reason which we believe is in contravention of these terms and conditions, if we believe our services are being used for illegal or morally reprehensible activity. There will be no refunds of any amount if we close a communication channel for any of the latter reasons.

4.2 StartADAM may supply domain names or the Client may choose custom http://www.a.link/companynames. We are not liable for any associated trademark or copyright issues and we reserve the right to change names or usernames at any time without notice even if you’ve paid for them at our sole discretion.  

5.1 The Client is deemed to accept all goods and services upon delivery.

Speedlancer and the Customer agree that, without limitation, any consent, election, execution, production or other transaction made pursuant to this Agreement will not be invalid solely on the basis that it took place by means of one or more electronic communications. The parties consent to the use of electronic communications or signature (including as permitted by United States Electronic Signatures in Global and National Commerce (ESIGN) Act, and the Uniform Electronic Transactions Act (UETA)) in respect of any written notice or consent required pursuant to this Agreement.

The Client must pay to Speedlancer the invoiced price of all goods and services provided under this Application (including all taxes and other charges):

(a) in the case of goods supplied, within 7 days after delivery of the invoice (unless the parties otherwise agree in writing); and

(b) in the case of services, on payment terms set out on invoice, or, if no payment terms are set out below, payment in advance prior to delivery.

(c) Payment is by credit card or Invoice only as stated in the application form.

(d) If payment has not been made by the due date, Speedlancer may suspend the account until payment has been paid in full or a late payment fee may apply

(e) Speedlancer may charge interest on overdue money at the highest interest rate allowable in your state or 23% whichever is the lesser.

(f) Speedlancer may charge the Client a surcharge (in addition to any money due under a customer contract) for payments made by Credit Card or Direct Debit, which if not stated on invoices, shall be at 3.5%.

(g) Speedlancer will not issue refunds for goods or services under any circumstances.

With the exception of Contact Information, all information, including Customer Information (in whatever form, including any text, drawings, photographs or software) provided or made available by either party for the purpose of this Application, is confidential unless the party providing the information states otherwise. Each party must keep confidential any confidential Information of the other party and must not reproduce or disclose it without the prior written approval of the other party, except to the extent the law requires, or the information has entered the public domain other than through a breach of this Application.

9.1 The Customer is the owner of the Customer Information and Speedlancer will not disclose, deal with or use Customer Information, including the content of messages, web traffic data, or any other data necessary for the provision of a service or acquired by Speedlancer in the provision of a service to a customer, except for (a) complying with the law; (b) complying with a warrant; (c) the purposes set out in this agreement, or as agreed in writing with the customer from time to time, and such purposes include:

(a) Scanning the data for viruses, executable code, SPAM or any other form of unwanted content as specified by the client from time to time;

(b) Filtering, deleting, quarantining or otherwise managing the disposition of data, in whole or in part, in a manner as agreed with the customer from time to time;

(c) Analysing data for trends, patterns, specific data or other elements so as to improve, protect or enhance Speedlancer’s service, its systems and its business in general;

(d) Detecting fraud, illegal activity or any other reasonable purpose including maintaining the operational stability and safety of Speedlancer’s network.

9.2 Despite anything to the contrary, we may use any data which is de-identified, such as file type, industry segment, website traffic and other data for the purpose of benchmarking, reporting, market research, data analysis or any other use we determine in our absolute discretion.

(a) The copyright and other intellectual property in all material created by either party for the purpose of this Application, where copyright exists, will be owned by Speedlancer unless the parties agree otherwise in writing. Any copyright or other intellectual property created prior to the date Speedlancer commences providing the goods or services will remain the property of the party which owned it prior to the commencement of Speedlancer providing the goods or services.

(b) No goods or services provided by Speedlancer may be used to infringe the intellectual property rights of any third party.

11.1 This Application commences on the date Speedlancer makes the products or services available for use to the Client and continues for a period of 12 months from this date, unless (a)terminated in accordance with this agreement; or (b) the Agreement is extended for a further term in accordance with clause 11.5 or by written agreement of the parties.

11.2 If Speedlancer commits a breach of any provision of this Application and has not remedied that failure within 14 days of being requested in writing by the Client to do so, then the Client may terminate this Application immediately by notice in writing.

11.3 If the Client commits a breach of any provision of this Application and has not remedied that failure within 14 days of being requested in writing by Speedlancer to do so, then the Speedlancer may terminate this Application immediately by notice in writing.

11.4 To the extent that the context and law permit, the rights and obligations of the parties under this Application survive its termination.

11.5 This Agreement will automatically renew for a further minimum term of 12 months at the conclusion of each ~12-month minimum term, unless:

(a) the parties agree otherwise in writing; or

(b) the Client seeks to terminate the Agreement upon expiry of the then current minimum term (in order to terminate in accordance with this clause, the Client must not less than 30 days prior to the expiry of the then current term serve written notice upon MailGuard).

11.6 If a Client terminates a service (unless it does so under clause 11.2) within a 12-month minimum term, then the Client must immediately pay the total of the fees that would have been payable for the balance of the unexpired portion of the then current minimum term. This is a genuine pre-estimate of Speedlancer’s loss as a result of the early termination.

11.7 Speedlancer may terminate or suspend the provision of goods or services where it reasonably believes that the Client is in breach of clause 10(b).

The Client agrees to provide Speedlancer with all assistance necessary to enable Speedlancer to perform its obligations under this Application, including access to all necessary information, personnel and equipment, and a safe and appropriate working environment.

This Application is governed by the laws of Delaware, USA. The parties unconditionally submit to the exclusive jurisdiction and venue of the courts of that State and all courts competent to hear appeals of the decisions of those courts.

This Privacy Statement of Speedlancer outlines how your personally identifiable information and other information about you (your “user information”) will be collected, used, and shared in connection with your access to and/or use of Speedlancer’s goods and services. This Privacy Statement also describes your choices and rights regarding the use, access to and correction or deletion of your user information. By using the Site, you acknowledge that you understand that we will use your user information in accordance with this Privacy Statement. Where required by law, you will also be asked to provide clear and unequivocal affirmative consent to the collection, processing, and sharing of your user information via cookies and similar technologies.

The Customer acknowledges that all property and rights in the Contact Information belongs to Speedlancer absolutely for its own use and benefit, subject to Speedlancer’s Privacy Policy, of which the Customer has been made aware and has examined to his or her satisfaction. The Customer further acknowledges that unless Speedlancer is given notice of the contrary in the Application Order Form, the Contact information may also be made available to and used by Speedlancer and/or its agents at any time for the purpose of marketing and other commercial purposes. The Client consents to receiving email communications (from Speedlancer or its agents or suppliers) for any of the purposes in this clause, and in accordance with Speedlancer’s Privacy Policy.

Your communications however are owned by you.  Speedlancer shall not disclose this information to any third parties absent legal process.  However, Customer acknowledges that, even though Speedlancer’s system is encrypted, that the information is going to third party apps over which Speedlancer has no control and as such all of Customer’s communications may be public. Moreover, if CRM or Zapier is enabled any sales rep could see all communications and in the case of companies and teams – communications must be assumed to not be private to others with authority to access just like email. 

If you would like Speedlancer to notify you what information we have or to delete said information please email privacy@Speedlancer.com or you may send us written correspondence as indicated at the top of this document. It takes an average of thirty (30) days for us to complete either action. If you are requesting all information to be deleted then you must first cancel all products and services.

If you have any comments or queries about this Privacy Statement, or how we use your user information, please contact us using the contact details provided below.

Speedlancer’s Contact information is as follows:

Speedlancer, Inc.

2017 S Palm Grove Ave., Los Angeles CA  90016 

P: +1 (415) 413-3103

Email: Accounts@Speedlancer.com 

privacy@Speedlancer.com

support@Speedlancer.com 

The Customer may obtain access to any Contact information and other information by contacting Speedlancer;

Contact Information is collected for the purpose of fulfilling this Agreement and for present and future marketing and commercial purposes;

Our web servers collect the domain names of visitors to our sites. This information is aggregated to determine the number of visits, average time spent on our web site, the pages viewed by visitors, and other similar information. We use this information to measure web site usage and to improve the content and value of our web site. Some of our web pages may contain “cookies,” which send and store data on your web browser. These are temporary cookies which will expire when you close your browser and are only used to serve you better while you are using our site. Most web browsers can be configured to not accept cookies, or to notify you if a cookie is sent to you.  

we and our partners use cookies and similar technologies on the Site for our business purposes of personalizing and optimizing your browsing experience and the Site by:

– providing you with personalized content and advertisements,

– performing location-related functionalities and analytics,

– enabling social media features,

– analyzing trends, traffic, and user behavior,

– administering the Site,

– safeguarding against spam and malware,

– gathering demographic information,

– tracking web and advertising,

– remembering your preferences,

– participating in market research and

– to improve the Site

Some cookies, such as navigational cookies, may be required so the site functions and provides the features advertised. We do not use Advertising cookies.

This web site may contain links to other third-party sites. We take steps to link only to sites that share our high standards and respect for privacy. However, we are not responsible for the privacy standards and practices of third parties. Speedlancer strives to keep online visitor information secure against unauthorized access and use. Customer acknowledges that there is no password protection to block someone from contacting the Customer – all links are assumed to be public and the only way to stop a third party from using the link is to delete the link.

SPEEDLANCER does not intend to collect personally identifiable information from children under age 18 without permission of the child’s parent or legal guardian. Children under the age of 18 should submit personally identifiable information to SPEEDLANCER only with the explicit permission of their parent or legal guardian. If your child has submitted personal information and you would like to request that such information be removed, you may do so by contacting the Sales and Marketing Manager at SPEEDLANCER via the methods listed above under Contact and reasonable efforts will be used to comply with your request.  If you are under 18, we request that you not provide us with any personal information without permission of your guardian.

SPEEDLANCER may collect user information (including personally identifiable information) that is voluntarily provided by you or with your permission.

SPEEDLANCER may disclose your user information to any law enforcement agency, regulatory, government body, in accordance with court order, to comply with a legal proceeding or process where we believe, in our sole discretion, disclosure is necessary: (i) as a matter of law or regulation, (ii) to protect personal safety, (iii) for investigatory purposes or (iv) to protect our rights.

There is no law specifically requiring the collection of the Contact information; If the Contact information is only partly or not provided to Speedlancer this may result in the rejection of the Order for goods or services by Speedlancer.

Notice to EU/UK individuals: this Privacy Statement is intended to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of the European Union 27 April 2016 (the “General Data Protection Regulation” or “GDPR”), and the UK equivalent (the “UK GDPR”) and provide appropriate protection and care with respect to the treatment of your user information in accordance with the GDPR.

Notice to California residents: this Privacy Statement is intended to comply with the California Consumer Privacy Act (“CCPA”) and other applicable California law.

Notice to Nevada consumers: this Privacy Statement is intended to comply with Nevada Senate Bill 220. 

Speedlancer may issue prorated refunds where a customer contract is terminated, in its absolute discretion.

Speedlancer may provide Trial Services (a trial service will always be identified as such) for the Trial Period.

If a Client does not terminate a Trial Period by the close of business (being 5pm PST) on the day the Trial Period ends, then the Client is deemed to have agreed to acquire those services for a minimum term of 12 months commencing from the end of the Trial Period. 

We may amend or vary these terms on our sole discretion. Although we will provide you with notice of any changes we do not require your consent for such amendment or variation. You may not amend or vary these terms and conditions without our written consent.

The Client may not assign or novate this agreement without the prior written consent of Speedlancer but Speedlancer may assign or novate this agreement without consent at any time.

If any term or condition of this agreement is inconsistent with the law, then the inconsistent term or condition will be read down to the extent of the inconsistency (or severed if absolutely inconsistent) without affecting the balance of the license.

A notice, approval, consent, instruction or other communication (‘Notice’) in connection with this agreement must comply with this clause.

A Notice must be written, and faxed, emailed, posted or delivered to a party’s Service Address or personally delivered to the party or a director of an incorporated party.

A Notice must be signed.

A Notice is deemed to have been given:

1. if personally delivered – at the time of delivery;
2. if hand delivered to a business address between 9 a.m. and 4:45 p.m. on a Business Day – on delivery;
3. if hand delivered to a business address other than between 9 a.m. and 4:45 p.m. on a Business Day – at 9 a.m. on the next Business Day;
4. if posted by ordinary mail – at 10 a.m. on the tenth Business Day next following posting;
5. if faxed other than between 9 a.m. and 4:45 p.m. on a Business Day – at 9 a.m. on the next Business Day, subject to the sender’s fax machine having issued a successful transmission notification.

Each party’s ‘Service Address’ is listed in the Application.

A Notice takes effect from the time it is received unless a later time is specified in it.

A waiver may only be given in writing and signed by the party waiving their rights.

A reference to a law includes any amendment or replacement of that law.

Anything a party can do, it may do through an appropriately authorised representative.

A schedule to a document (including a schedule to this agreement) is part of that document, as is any document incorporated by reference.

A reference to the singular includes the plural and vice versa.

© 2022-2023 Speedlancer, Inc.