Unless specified otherwise herein, (a) all notices must be in writing and addressed to the attention of the other party’s legal department and primary point of contact and (b) notice will be deemed given: (i) when verified by written receipt if sent by personal courier, overnight courier, or when received if sent by mail without verification of receipt; or (ii) when verified by automated receipt or electronic logs if sent by facsimile or email.
Customer shall not transfer any part of this ToS to a third party without the written consent of Service Provider, except to an Affiliate, but only if: (a) the assignee agrees in writing to be bound by the terms of this ToS; and (b) the assigning party remains liable for obligations incurred under the ToS prior to the assignment. Any other attempt to transfer or assign is void.
14.3 Corportate Transaction.
Upon a change of control (for example, through a stock purchase or sale, merger, or other form of corporate transaction) the party experiencing the change of control will provide written notice to the other party within thirty days after the change of control.
14.4 Transfer of ToS.
iLocator is entiteled to transfer this ToS from one Service Provider to another Service Provider. In order to excercise this right iLocator shall provide a continues an uninterrupted Service.
14.5 Force Majeure.
Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party’s reasonable control.
14.6 No Waiver.
Failure to enforce any provision of this ToS will not constitute a waiver.
If any provision of this ToS is found unenforceable, the balance of the ToS will remain in full force and effect.
14.8 No Agency.
The parties are independent contractors, and this ToS does not create an agency, partnership or joint venture.
14.9 Third-Party Beneficiaries.
Apart from members of the iLocator Group, there can be no third-party beneficiaries to this ToS.
14.10 Equitable Relief.
Nothing in this ToS will limit either party’s ability to seek equitable relief.
14.11 Governing Law.
This ToS is governed by the local law and juristiction of the Service Provider.
Any amendment must be in writing and expressly state that it is amending this ToS.
The following sections will survive expiration or termination of this ToS: Section 3, 6, 7.1, 11.2, 12, 13, 14 and 15.
14.14 Entire ToS.
This ToS, and all documents referenced herein, is the parties’ entire ToS relating to its subject and supersedes any prior or contemporaneous ToSs on that subject. The terms located at a URL and referenced in this ToS are hereby incorporated by this reference.
14.15 Interpretation of Conflicting Terms.
If there is a conflict between the documents that make up this ToS, the documents will control in the following order: the Order Page, the ToS, and URL Terms.