Terms & Conditions

TERMS AND CONDITIONS OF USE OF THE PEERANT WEBSITE

Thank you for visiting the Peerant Limited ("Peerant") website ("Site").

Access to this Site, other than the home page, general information and registration pages is restricted to registered users of Peerant. You are welcome to browse the home page, general information pages and to register for the services provided via this Site.

Everything on this Site, including our Services, is subject to our Terms and Conditions of Use and you should read these before going any further. You are treated as accepting them by using the Site in any way including browsing.

The Site was last updated on 6th September 2009

Peerant Terms of Service

User Agreement
This user agreement, the documents set forth above, and any other services terms (collectively, the "Terms," or this "Agreement," or the "User Agreement") describe the terms and conditions on which Peerant, Inc. ("we", "our" or "Peerant") offers a user ("Customer", "User", "you", "your" or "subscriber") access to the Services which permit a third party "Caller" to communicate with a User ("Services") and the www.peerant.com web site and all pages within ("Web Site"), either accessed directly or through a partner web site. If you have a question about this Agreement, please contact us by sending e-mail to support@peerant.com.This Agreement was last revised on 1 September 2009.

1. Acceptance of Terms

By using this Web Site or any Service or associated program you agree to the Terms. We may amend the Terms at any time. Subject Section 4.2 Changes to Fees will automatically be effective seven (7) days after we have posted the amended Terms. Your continued use of our Services will signify your acceptance of any amended Terms. If you do not agree to the changes, you may discontinue your subscription and use of the Services by sending an email request to support@peerant.com. Throughout this Agreement, (i) the phrase "in our discretion" or "in its discretion" means in Peerant's sole and arbitrary discretion and (ii) the term "including" means "including without limitation." Peerant reserves the right to reject this Agreement for any reason or no reason, prior to acceptance thereof by Peerant. Activation of any Service shall indicate Peerant's acceptance of this Agreement, but does not obligate Peerant to provide access to any or all Services, such access to be provided at the sole discretion of Peerant.

2. Eligibility; Registration

2.1. Eligibility

Use of the Services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the foregoing, the Services are not available to minors. Services are not available to Users where use of the Services has been suspended or terminated.

2.2. Registration

You must submit a complete registration form on behalf of yourself or the corporation, partnership or other legal entity that will be using the Services. The registration form is available at www.peerant.com. By accepting this Agreement, you represent that (a) you are eighteen (18) years or older and, if applicable, (b) you are authorized to sign for and bind the corporation, partnership or other legal entity that will be using the Services. Your "Registration" includes your personal information, credit card information and any Services and related fees you select. Registration through an Authorized Reseller (as defined in Section 4 below) shall be subject such reseller's registration process.

3. Website and Services

3.1. Right to Refuse Services

Peerant may refuse the Services to anyone at any time, in our discretion. Peerant reserves the right to discontinue, temporarily or permanently, any or all of the Services to anyone at any time, with or without notice. Peerant will credit to you the amounts it has charged you for each whole month of prepaid service for which Peerant refused or discontinued Services, as such amounts are determined by Peerant, only if (i) Peerant exercises its right to refuse service or discontinue under this section, and (ii) you have prepaid for the refused or discontinued Services. Peerant shall not be liable to you or any third-party for any termination of your access to the Service except as set forth herein.

3.2. License

You grant Peerant a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, with full rights to sublicense (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in any information you provide us, in any media now known or not currently known, for the purpose of offering the Services.

3.3. Privacy

Peerant will only use your information in accordance with our Privacy Policy. The Privacy Policy is part of this Agreement. Please note that when you voluntarily disclose personal information, that information may be collected and used by others.

3.4. Passwords and Security

Following registration on the Site, you will be issued with a password which may be used to access the Site and those pages for which registration is required. You will use the password only for access to those applicable pages of the Site and not for any other purpose.

You must keep your password confidential at all times, and must not disclose the password or permit anyone else to use your password. Any breach of any of these Terms of Use by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these Terms of Use.

In the event of any failure or error in the operation of a password, you shall cease using the password and exit the Site immediately, and notify Peerant of such failure or error.

You shall cease to use and delete the password from any of your records upon expiry or termination of your registration for whatever reason.

Peerant reserves the right to change your password and user name at any time in its sole discretion.

You agree to notify Peerant promptly of any changes to your registration details.

If you are a corporation, partnership or other legal entity, you are responsible for all activity and all charges by such employees. If there is a breach of security through your account, you must immediately change your password and notify us at support@peerant.com. You will be liable for any unauthorized use of the Services until you notify us of the security breach.

3.5. Accurate and Complete

Information You will provide to Peerant only true, accurate, current and complete information, including, as applicable, your credit card number and other financial information, and will update that information to keep it true, accurate, current and complete. Peerant, its agents, suppliers, and subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.

3.6. Limited Agency

You authorize Peerant to retrieve and post information and materials necessary to provide the Services to you, and you hereby appoint Peerant as your agent for this limited purpose. You permit Peerant to use such retrieved information and materials to accomplish the foregoing, and to communicate with Callers on your behalf.

3.7. General Compliance with Laws

You will comply with all applicable laws, statutes, ordinances and regulations in your use of the Services.

3.8 Service Term

The Services are offered on a monthly basis for a term which begins on the date that your Service is activated and you accept the Terms ("Activation Date") and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give Peerant or Authorized Reseller written notice of non-renewal at least ten (10) days before the end of the monthly term in which the notice is given. You are acquiring the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month's charges to the end of the then-current term, including without limitation unbilled charges, plus a disconnect fee, if any, all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse you from paying all unpaid, accrued charges due in relation to the Agreement.

4. Fees

4.1. Generally

Peerant or its authorized reseller from whom you order the Services from ("Authorized Reseller") will charge you fees in accordance with the Peerant or the Authorized Reseller Fees Policy. Unless otherwise stated, all fees are quoted in Stirling. You are responsible for paying all fees associated with using the Service and all applicable taxes.

4.2. Changes to Fees

Peerant or the Authorized Reseller may change the Fees Policy effective seven (7) days after those changes have been posted on the Web Site and may add new fees effective immediately upon posting the new fees. We may change temporarily our fees for promotional events (for example, free minutes days) and such changes are effective when we post the temporary promotional event. If you have prepaid for services, Peerant or the Authorized Reseller will either maintain your existing service or credit your payment in accordance with Section 3.1.

4.3. Credit Cards

You will be required to place a credit card (Visa, MasterCard or American Express) on file for automatic billing prior to using the Services that generate User Fees or other Services for which Peerant or the Authorized Reseller requires a credit card on file. You will be billed a monthly finance charge of the lower of 1.5% or the highest amount permitted by applicable law if your account becomes past due. Your account will be suspended for non-payment. You may downgrade at any time your Premium account to a Free account on the Web Site, or upgrade your Free account to a Premium account. You will reimburse Peerant for any costs arising from initiation of collections activity.

4.4. Billing Cycles

Peerant or the Authorized Reseller will determine your account's billing cycle, which will determine your invoicing date as well as your payment due date. Peerant or the Authorized Reseller may charge your credit card for any unpaid account balance at any time, but may, in its discretion, defer charging your card. Peerant or the Authorized Reseller may immediately charge all unpaid balances if you downgrade your Premium account to a Free account. Without limiting any other remedy, Peerant or the Authorized Reseller may terminate any services immediately should Peerant or the Authorized Reseller be unable to charge your credit card.

4.5. Other Terms

Some of the Services may have additional terms of use. Any such terms will be displayed in connection with the applicable services and are incorporated into these Terms by reference.

4.6. Discounts, Credits and Refunds

Peerant or the Authorized Reseller may, in its discretion, offer discounts, coupons or promotions that may reduce applicable fees. Users may request credits to their account by contacting Peerant or the Authorized Reseller customer service. Credits will be granted in Peerant or the Authorized Reseller's discretion. Any refunds will be made in credits to your account. You will not be entitled to a refund in the event Peerant or the Authorized Reseller cancels the Services for a violation by you of these Terms and Conditions. All sales are final.

5. Limitations on Use of Services

5.1. Terms

Services made available by Peerant, including software (collectively, "Materials") is the intellectual property of Peerant and/or its suppliers. Your use of the Materials is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Materials ("License Agreement"). You may not install or use any Materials that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

5.2. License

For any Materials not accompanied by a license agreement, Peerant grants you, the user, a personal, nontransferable license to use the Materials for viewing and otherwise using the Peerant Web Site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices.

5.3. Intellectual Property

All Materials are owned by Peerant and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Materials are expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the Materials to any other server or location for further reproduction or redistribution is expressly prohibited.

5.4 No Unauthorized Use

Peerant respects copyright law and expects our Users to do the same. Unauthorized copying or distribution of copyrighted works is an infringement of the copyright holders' rights. In our discretion and in appropriate circumstances, Peerant may terminate the accounts of users who infringe upon the copyright, or other

5.5 Prohibited Uses

You agree to use the Service only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in Peerant's sole judgment the transmission, receipt or possession of such communication or material (i) would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (ii) encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. Peerant reserves the right to terminate your Service immediately and without advance notice if Peerant, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, if any, all of which immediately become due and payable. You are liable for any and all use of the Service by any person making use of the Service provided to you and agree to indemnify and hold harmless Peerant against any and all liability for any such use that fails to comply with this Section 5.6. If Peerant, in its sole discretion believes that you have violated the above restrictions, Peerant may forward the objectionable material, as well as your communications with Peerant and your personally identifiable information to the appropriate authorities for investigation and prosecution.

5.6 Loss of Service Due to Power Failure

You acknowledge and understand that the Service does not function in the event of power failure.

5.7 Suspension and termination of Services

Access to or use of the Site or any Sites or pages linked to it will be on an "as is" basis and will not necessarily be uninterrupted or error free.

Peerant may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time.

Peerant may change the format and content of the Site from time to time. You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site.

6. Indemnity and Disclaimer

You agree that your use of the Site and Services is on an "as is" and "as available" basis. On that basis, except as expressly set out in these Terms of Use and to the maximum extent permitted by applicable law, Peerant does not make any representations or warranties or other terms in relation to the Site or the Services.

For the avoidance of doubt, Peerant liability for: (a) death or personal injury resulting from its negligence or that of its servants or agents; (b) breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by it under any agreement for hire or sale; (c) under Part I of the Consumer Protection Act 1987; (d) fraudulent misrepresentation or (e) in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited; is not excluded or limited by these terms and conditions, even if any other term of this agreement would otherwise suggest that this might be the case.

In no event shall Peerant be liable (whether for breach of contract, tort (including negligence) or for any other reason) for any loss of profits, wasted time, sales or revenue, loss of goodwill, loss of or loss of the use of any software, data or computer equipment, loss of bargain, loss of opportunity, loss of or waste of management or other staff time, or for any indirect, consequential or special loss, however arising.

Peerant will not be liable to you for any breach of these Terms of Use that arises due to any circumstances which Peerant cannot reasonably be expected to control.

7. General

7.1. Termination at Peerant Discretion

Peerant may suspend or terminate your registration, your access and use of this Site and/or the provision to you of any Service with immediate effect in the event that you:

(a) breach any of these Terms of Use or Terms of Sale;

(b) are late in or do not pay any sums due to us; or

(c) cease to carry on your business or shall have a liquidator, receiver or administrative receiver appointed to you or over any part of your undertaking or asset or shall pass a resolution for your winding up (otherwise than for the purpose of a bona fide scheme or solvent amalgamation or reconstruction where the resultant entity shall assume all your liabilities) or a court of competent jurisdiction shall make an order, or shall enter into any voluntary arrangement with its creditors, or shall be unable to pay its debts as they fall due or similar in any other jurisdiction.

7.2. Third Party Services

Peerant services rely in part on the proper functioning and interaction of third party, services and software with the Peerant Web Site and software. Failure of, or changes to, or misconduct by such third parties or their websites, services or software may affect our provision of services. Peerant is not liable for any third party actions or omissions.

7.3. No Agency

Except for the limited purpose stated in the Limited Agency Section, you and Peerant are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

7.4. Notices

Except as explicitly stated otherwise, any notices will be given by email to support@peerant.com (in the case of Peerant) or to the email address you provide to Peerant during the registration process (in your case), or such other address as the party will specify. Notice will be deemed given twenty four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Peerant during the registration process. In such case, notice will be deemed given three (3) days after the date of mailing.

7.5 General and governing law

These Terms of Use form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter.

If any provision of these Terms of Use is found to be unenforceable, this shall not affect the validity of any other provision.

No delay, neglect, forbearance on the part of us in enforcing any term or condition shall constitute a waiver of or otherwise affect any right we have.

You agree that we may sub-contract the performance of any of our obligations or may assign any of our rights under the Terms of Use and/or Terms of Sale.

These Terms of Use shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.

7.6 Community Forums

We may make message boards, chat rooms, newsgroups and/or other forums ("Forums") available to all users of the Site. Use of any Forum is subject to these Terms of Use and any specific directions or instructions given by Absolute Careers on this Site or otherwise from time to time.

The following rules will apply to all Forums, although there may be additional 'house rules' that you should also check on the applicable page of the Site.

(a) You must not post any objectionable, pornographic, offensive, threatening, menacing, racist, defamatory, obscene or otherwise unlawful content.

(b) Content must not be false, misleading or inaccurate.

(d) Contributions containing languages other than English may be removed.

(e) Contributions must be civil, tasteful and relevant.

(f) No advertising is permitted except where expressly allowed by these Terms of Use, the Special Terms and/or elsewhere on the Site.

(g) You must have all necessary rights to post the content as set out in paragraph 10 below.

(h) You must not impersonate any other person.

7.7. Waivers

A party's failure to enforce any provision of this Agreement shall not be a waiver of the provision or the right to enforce it at a later time.

7.8. Entire Agreement

This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. You agree that you are not entering into this Agreement in reliance on any statements or representations other than those set forth herein. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced.

7.9. Assignment

This Agreement and your user names and passwords are not assignable, transferable or sub licensable by you without Peerant's prior written consent, and any such conveyance will be null and void.

7.10. Attorneys' Fees

The prevailing party in any litigation in connection with this Agreement will be entitled to recover from the other party its costs and reasonable attorneys' fees and other expenses.

7.11. Headings

Should any term or condition be in conflict between this Agreement and any document incorporated by reference into this Agreement, the terms of this Agreement will control. The use of headings is for convenience and will not affect the interpretation of this Agreement.