SME Exclusive Agreement
APPLICANT AGREEMENT
PLEASE READ THE ENTIRE AGREEMENT. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND STERLING. CLICKING THE “I AGREE” BUTTON IMPLIES THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
1. Overview
This Agreement contains the complete terms and conditions that apply to you accessing the business advisory services under the SME X-clusive platform. The purpose of this Agreement is to enable our business advisors provide advisory services to you for the duration of this agreement. SME X-clusive will be referred to with “we,” “us,” and “our” while “you,” “your,” and “yours” will refer to the Applicant.
2. Applicant’s Obligations
You can only access the business advisory services after you click on the “I AGREE” button at the end of this agreement. Our business advisors will provide you with a consulting service and recommendations which will be presented to you to make decisions on.
3. SME X-clusive Rights and Obligations
3.1 SME X-clusive reserves the right to terminate this Agreement immediately and without notice to you should you commit fraud in the running of your business or abuse the use of this service in any way. Where such fraud or abuse is detected, SME X-clusive shall not be liable to you.
3.2 This Agreement will begin upon our acknowledgement of your application and will continue unless terminated hereunder.
4. Termination
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail or email. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
5. Modification
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
6. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Representations and Warranties
You represent and warrant that: 7.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
7.2 You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party.
7.3 You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
8. Disclaimer
SME X-CLUSIVE MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THIS SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF SME X-CLUSIVE’S ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
9. Confidentiality
Our business advisory services are provided by third party experts. Based on this, basic information about your business will be released to our partners in furtherance of this service. By agreeing to this service, you also agree to the release of your information to our partners. However, all confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party. By continuing you “AGREE” to assent and agree to these Terms & Conditions.