Terms of Service
Terms of Service
Terms of Service
We are Epic Listing. Epic Listing is a trading name of Elements Property UK Ltd, a private limited liability company established in England and Wales, registered under the company number 08358163 and having its offices at The DEC, Dryden Street, Nottingham, NG1 4FQ, United Kingdom. You can contact us by email at team@epiclisting.com.
Please read these terms carefully. By registering for, accessing, browsing, and/or otherwise using Epic Listing's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms our Privacy Notice and our Cookie Notice, and all applicable laws and regulations. If you do not agree to be bound by these Terms, do not access, browse or otherwise use Epic Listing's Services.
Last updated 03 April 2024.
Definitions
We have given certain words a defined meaning. These are set out below:
"Account" means the primary means for accessing the Epic Listing Services, subject to a Fee designated in the selected Plan.
“Beta Service” means any functionality of Epic Listing's Services that is in development or has not been commercially released as a final product and which Epic Listing has made available to you for testing and evaluation.
“Client” means a natural or legal person or entity who has accepted these Terms with Epic Listing by using the Epic Listing Services. The terms “you,” “your”, “customer” or a related capitalised term herein will refer to such Client.
“Client Data” means data, documents and files of any kind and any other digital data and information, which is subject to the Platform, or otherwise inserted into the Platform by the Client and for which Epic Listing is a “processor” (as defined in the Privacy Notice). Client Data shall not contain sensitive information.
“Content” means any data and information available through Epic Listing Services or contained within the structure of the Epic Listing Services, including but not limited to, Original Images, Enhanced Images, other informational materials and any comments.
“Credentials” means all usernames, passwords, and other access credentials created by or assigned to Client and each of its designated Users for use of Epic Listing's Services.
"Credits" means a prepaid unit offered by Epic Listing for you or any User associated with your Account to use our Services where each credit represents a pre-defined value for use on the Epic Listing Platform.
"Credit Renewal Date" means the day a Client's Credits allocation is refreshed. Credits renew on the same day each month.
"Enhanced Image(s)" means the resulting files that are generated as a result of processing/editing/enhancing the Original Images as part of our Services.
"Epic Listing" means as the context requires, the trading name for which our Services are offered in which case the terms "us", "we" and "our" apply. The official legal entity for which Epic Listing belongs to is Elements Property UK Ltd.
“Epic Listing Materials” means the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organisation, compilation of the Content, code, data, and all other elements of the Epic Listing Services.
“Feature” means a function or set of functions providing a particular capability within the Epic Listing Services as determined by Epic Listing.
“Fee” means payment for using the Epic Listing Services via an activated Account.
"Feedback" means any ratings, questions, comments, suggestions, and ideas submitted to us via our Website, Platform or other customer service channels.
"Free Trial" means temporary access for the purposes of trying out any part of Epic Listing's Services or Features in accordance with any selected Plan without paying a Fee.
"Free Trial Credits" means the Credits available during a Free Trail.
"Member" means any User with the status of Member in the Epic Listing Platform.
"Original Image(s)" means the image files uploaded by a User to the Epic Listing Platform.
"Owner" means any User with the status of Owner in the Epic Listing Platform. Users with Owner status have full authorisation to manage all aspects of the Account.
“Plan” means various criteria related to the use and functionality and cost of a particular Epic Listing Service and on which the Fee is based.
“Plan Renewal Date” means the date the Client’s Plan will automatically renew on an annual or monthly basis depending on the Client’s Plan.
“Plan Term” means the period of the Client’s use of Epic Listing's Services commencing on the date of payment of the corresponding Fee for the associated Plan and concluding on the date of expiration of the Plan.
“Platform” means the Epic Listing image enhancement application and associated Services and Features available at https://app.epiclisting.com or via our mobile app(s).
"Privacy Notice" means the notice, as set forth at https://epiclisting.com/privacy, which describes how Epic Listing collects, receives, uses, stores, shares, transfers, and processes Client Data in connection with Client’s use of the Epic Listing Services. It also describes Client’s choices regarding use, as well as Client’s rights of access to and correction of its Client Data.
"Service(s)" means the services provided to you by Epic Listing, consisting of access to and use of Epic Listing's website(s), Platform and/or mobile application(s) which enable you to request and receive Epic Listing's Services.
“Terms” means these Terms of Service.
"User" means any person using our Services via the Epic Listing Platform or visiting our Website that may include owners, employees, representatives, subcontractors or other individuals acting on behalf of parties to which Epic Listing provides Services, including Clients.
"Website" means the compilation of all web documents (including images, php and html files) made available via www.epiclisting.com, its subdomains or domains with identical names under other top domains, and owned by Epic Listing.
We are Epic Listing. Epic Listing is a trading name of Elements Property UK Ltd, a private limited liability company established in England and Wales, registered under the company number 08358163 and having its offices at The DEC, Dryden Street, Nottingham, NG1 4FQ, United Kingdom. You can contact us by email at team@epiclisting.com.
Please read these terms carefully. By registering for, accessing, browsing, and/or otherwise using Epic Listing's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms our Privacy Notice and our Cookie Notice, and all applicable laws and regulations. If you do not agree to be bound by these Terms, do not access, browse or otherwise use Epic Listing's Services.
Last updated 03 April 2024.
Definitions
We have given certain words a defined meaning. These are set out below:
"Account" means the primary means for accessing the Epic Listing Services, subject to a Fee designated in the selected Plan.
“Beta Service” means any functionality of Epic Listing's Services that is in development or has not been commercially released as a final product and which Epic Listing has made available to you for testing and evaluation.
“Client” means a natural or legal person or entity who has accepted these Terms with Epic Listing by using the Epic Listing Services. The terms “you,” “your”, “customer” or a related capitalised term herein will refer to such Client.
“Client Data” means data, documents and files of any kind and any other digital data and information, which is subject to the Platform, or otherwise inserted into the Platform by the Client and for which Epic Listing is a “processor” (as defined in the Privacy Notice). Client Data shall not contain sensitive information.
“Content” means any data and information available through Epic Listing Services or contained within the structure of the Epic Listing Services, including but not limited to, Original Images, Enhanced Images, other informational materials and any comments.
“Credentials” means all usernames, passwords, and other access credentials created by or assigned to Client and each of its designated Users for use of Epic Listing's Services.
"Credits" means a prepaid unit offered by Epic Listing for you or any User associated with your Account to use our Services where each credit represents a pre-defined value for use on the Epic Listing Platform.
"Credit Renewal Date" means the day a Client's Credits allocation is refreshed. Credits renew on the same day each month.
"Enhanced Image(s)" means the resulting files that are generated as a result of processing/editing/enhancing the Original Images as part of our Services.
"Epic Listing" means as the context requires, the trading name for which our Services are offered in which case the terms "us", "we" and "our" apply. The official legal entity for which Epic Listing belongs to is Elements Property UK Ltd.
“Epic Listing Materials” means the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organisation, compilation of the Content, code, data, and all other elements of the Epic Listing Services.
“Feature” means a function or set of functions providing a particular capability within the Epic Listing Services as determined by Epic Listing.
“Fee” means payment for using the Epic Listing Services via an activated Account.
"Feedback" means any ratings, questions, comments, suggestions, and ideas submitted to us via our Website, Platform or other customer service channels.
"Free Trial" means temporary access for the purposes of trying out any part of Epic Listing's Services or Features in accordance with any selected Plan without paying a Fee.
"Free Trial Credits" means the Credits available during a Free Trail.
"Member" means any User with the status of Member in the Epic Listing Platform.
"Original Image(s)" means the image files uploaded by a User to the Epic Listing Platform.
"Owner" means any User with the status of Owner in the Epic Listing Platform. Users with Owner status have full authorisation to manage all aspects of the Account.
“Plan” means various criteria related to the use and functionality and cost of a particular Epic Listing Service and on which the Fee is based.
“Plan Renewal Date” means the date the Client’s Plan will automatically renew on an annual or monthly basis depending on the Client’s Plan.
“Plan Term” means the period of the Client’s use of Epic Listing's Services commencing on the date of payment of the corresponding Fee for the associated Plan and concluding on the date of expiration of the Plan.
“Platform” means the Epic Listing image enhancement application and associated Services and Features available at https://app.epiclisting.com or via our mobile app(s).
"Privacy Notice" means the notice, as set forth at https://epiclisting.com/privacy, which describes how Epic Listing collects, receives, uses, stores, shares, transfers, and processes Client Data in connection with Client’s use of the Epic Listing Services. It also describes Client’s choices regarding use, as well as Client’s rights of access to and correction of its Client Data.
"Service(s)" means the services provided to you by Epic Listing, consisting of access to and use of Epic Listing's website(s), Platform and/or mobile application(s) which enable you to request and receive Epic Listing's Services.
“Terms” means these Terms of Service.
"User" means any person using our Services via the Epic Listing Platform or visiting our Website that may include owners, employees, representatives, subcontractors or other individuals acting on behalf of parties to which Epic Listing provides Services, including Clients.
"Website" means the compilation of all web documents (including images, php and html files) made available via www.epiclisting.com, its subdomains or domains with identical names under other top domains, and owned by Epic Listing.
We are Epic Listing. Epic Listing is a trading name of Elements Property UK Ltd, a private limited liability company established in England and Wales, registered under the company number 08358163 and having its offices at The DEC, Dryden Street, Nottingham, NG1 4FQ, United Kingdom. You can contact us by email at team@epiclisting.com.
Please read these terms carefully. By registering for, accessing, browsing, and/or otherwise using Epic Listing's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms our Privacy Notice and our Cookie Notice, and all applicable laws and regulations. If you do not agree to be bound by these Terms, do not access, browse or otherwise use Epic Listing's Services.
Last updated 03 April 2024.
Definitions
We have given certain words a defined meaning. These are set out below:
"Account" means the primary means for accessing the Epic Listing Services, subject to a Fee designated in the selected Plan.
“Beta Service” means any functionality of Epic Listing's Services that is in development or has not been commercially released as a final product and which Epic Listing has made available to you for testing and evaluation.
“Client” means a natural or legal person or entity who has accepted these Terms with Epic Listing by using the Epic Listing Services. The terms “you,” “your”, “customer” or a related capitalised term herein will refer to such Client.
“Client Data” means data, documents and files of any kind and any other digital data and information, which is subject to the Platform, or otherwise inserted into the Platform by the Client and for which Epic Listing is a “processor” (as defined in the Privacy Notice). Client Data shall not contain sensitive information.
“Content” means any data and information available through Epic Listing Services or contained within the structure of the Epic Listing Services, including but not limited to, Original Images, Enhanced Images, other informational materials and any comments.
“Credentials” means all usernames, passwords, and other access credentials created by or assigned to Client and each of its designated Users for use of Epic Listing's Services.
"Credits" means a prepaid unit offered by Epic Listing for you or any User associated with your Account to use our Services where each credit represents a pre-defined value for use on the Epic Listing Platform.
"Credit Renewal Date" means the day a Client's Credits allocation is refreshed. Credits renew on the same day each month.
"Enhanced Image(s)" means the resulting files that are generated as a result of processing/editing/enhancing the Original Images as part of our Services.
"Epic Listing" means as the context requires, the trading name for which our Services are offered in which case the terms "us", "we" and "our" apply. The official legal entity for which Epic Listing belongs to is Elements Property UK Ltd.
“Epic Listing Materials” means the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organisation, compilation of the Content, code, data, and all other elements of the Epic Listing Services.
“Feature” means a function or set of functions providing a particular capability within the Epic Listing Services as determined by Epic Listing.
“Fee” means payment for using the Epic Listing Services via an activated Account.
"Feedback" means any ratings, questions, comments, suggestions, and ideas submitted to us via our Website, Platform or other customer service channels.
"Free Trial" means temporary access for the purposes of trying out any part of Epic Listing's Services or Features in accordance with any selected Plan without paying a Fee.
"Free Trial Credits" means the Credits available during a Free Trail.
"Member" means any User with the status of Member in the Epic Listing Platform.
"Original Image(s)" means the image files uploaded by a User to the Epic Listing Platform.
"Owner" means any User with the status of Owner in the Epic Listing Platform. Users with Owner status have full authorisation to manage all aspects of the Account.
“Plan” means various criteria related to the use and functionality and cost of a particular Epic Listing Service and on which the Fee is based.
“Plan Renewal Date” means the date the Client’s Plan will automatically renew on an annual or monthly basis depending on the Client’s Plan.
“Plan Term” means the period of the Client’s use of Epic Listing's Services commencing on the date of payment of the corresponding Fee for the associated Plan and concluding on the date of expiration of the Plan.
“Platform” means the Epic Listing image enhancement application and associated Services and Features available at https://app.epiclisting.com or via our mobile app(s).
"Privacy Notice" means the notice, as set forth at https://epiclisting.com/privacy, which describes how Epic Listing collects, receives, uses, stores, shares, transfers, and processes Client Data in connection with Client’s use of the Epic Listing Services. It also describes Client’s choices regarding use, as well as Client’s rights of access to and correction of its Client Data.
"Service(s)" means the services provided to you by Epic Listing, consisting of access to and use of Epic Listing's website(s), Platform and/or mobile application(s) which enable you to request and receive Epic Listing's Services.
“Terms” means these Terms of Service.
"User" means any person using our Services via the Epic Listing Platform or visiting our Website that may include owners, employees, representatives, subcontractors or other individuals acting on behalf of parties to which Epic Listing provides Services, including Clients.
"Website" means the compilation of all web documents (including images, php and html files) made available via www.epiclisting.com, its subdomains or domains with identical names under other top domains, and owned by Epic Listing.
General
These Terms cover your access and use of Epic Listing's Services globally. These Terms expressly supersede prior agreements or arrangements about the Services between you and Epic Listing.
By using Epic Listing's Services, you confirm you accept these Terms. If you do not agree to these Terms, you may not access or use Epic Listing’s Services. We recommend that you keep a copy of these Terms for future reference.
Epic Listing's Services are offered to you, the Client, subject to your acceptance, without modification, of these Terms and any future modifications thereof, and procedures that may be published from time to time or made available to you on or through the Epic Listing Services. When the Epic Listing Services are used by you, these Terms form a legally binding contract between you and Epic Listing. If you are entering into these Terms on behalf of an entity, such as your employer, or the company you work for, you represent and warrant that you have the legal authority to represent and bind such Client, in which case the terms “you,” “your”, “customer” or a related capitalised term herein will refer to such Client.
If you are using your employer or an entity’s email address in registering for Epic Listing's Services, please note that you are deemed as an authorised representative and/or agent of your employer or an entity (as applicable).
If you register for a Free Trial of the Platform, the applicable provisions of the Terms will govern that Free Trial.
If we have to contact you, we will do so by email using the details you provided to us on registration on our Website. We may also contact you by phone if you have provided a contact number to us during any customer service conversations. When we use the words "writing" or "written" in these terms, this means emails.
Epic Listing collects, uses and discloses information from or about you as described in our Privacy Notice. By agreeing to these Terms, you also acknowledge and agree to our Privacy Notice.
Epic Listing reserves the right, at its sole discretion, to change, modify, add, or remove any portions of the Terms from time to time. Notification of such modifications may be posted on or through the Platform or Epic Listing's Services. Client’s continued use of Epic Listing's Services constitutes its acceptance of these Terms and any modifications as they arise.
General
These Terms cover your access and use of Epic Listing's Services globally. These Terms expressly supersede prior agreements or arrangements about the Services between you and Epic Listing.
By using Epic Listing's Services, you confirm you accept these Terms. If you do not agree to these Terms, you may not access or use Epic Listing’s Services. We recommend that you keep a copy of these Terms for future reference.
Epic Listing's Services are offered to you, the Client, subject to your acceptance, without modification, of these Terms and any future modifications thereof, and procedures that may be published from time to time or made available to you on or through the Epic Listing Services. When the Epic Listing Services are used by you, these Terms form a legally binding contract between you and Epic Listing. If you are entering into these Terms on behalf of an entity, such as your employer, or the company you work for, you represent and warrant that you have the legal authority to represent and bind such Client, in which case the terms “you,” “your”, “customer” or a related capitalised term herein will refer to such Client.
If you are using your employer or an entity’s email address in registering for Epic Listing's Services, please note that you are deemed as an authorised representative and/or agent of your employer or an entity (as applicable).
If you register for a Free Trial of the Platform, the applicable provisions of the Terms will govern that Free Trial.
If we have to contact you, we will do so by email using the details you provided to us on registration on our Website. We may also contact you by phone if you have provided a contact number to us during any customer service conversations. When we use the words "writing" or "written" in these terms, this means emails.
Epic Listing collects, uses and discloses information from or about you as described in our Privacy Notice. By agreeing to these Terms, you also acknowledge and agree to our Privacy Notice.
Epic Listing reserves the right, at its sole discretion, to change, modify, add, or remove any portions of the Terms from time to time. Notification of such modifications may be posted on or through the Platform or Epic Listing's Services. Client’s continued use of Epic Listing's Services constitutes its acceptance of these Terms and any modifications as they arise.
General
These Terms cover your access and use of Epic Listing's Services globally. These Terms expressly supersede prior agreements or arrangements about the Services between you and Epic Listing.
By using Epic Listing's Services, you confirm you accept these Terms. If you do not agree to these Terms, you may not access or use Epic Listing’s Services. We recommend that you keep a copy of these Terms for future reference.
Epic Listing's Services are offered to you, the Client, subject to your acceptance, without modification, of these Terms and any future modifications thereof, and procedures that may be published from time to time or made available to you on or through the Epic Listing Services. When the Epic Listing Services are used by you, these Terms form a legally binding contract between you and Epic Listing. If you are entering into these Terms on behalf of an entity, such as your employer, or the company you work for, you represent and warrant that you have the legal authority to represent and bind such Client, in which case the terms “you,” “your”, “customer” or a related capitalised term herein will refer to such Client.
If you are using your employer or an entity’s email address in registering for Epic Listing's Services, please note that you are deemed as an authorised representative and/or agent of your employer or an entity (as applicable).
If you register for a Free Trial of the Platform, the applicable provisions of the Terms will govern that Free Trial.
If we have to contact you, we will do so by email using the details you provided to us on registration on our Website. We may also contact you by phone if you have provided a contact number to us during any customer service conversations. When we use the words "writing" or "written" in these terms, this means emails.
Epic Listing collects, uses and discloses information from or about you as described in our Privacy Notice. By agreeing to these Terms, you also acknowledge and agree to our Privacy Notice.
Epic Listing reserves the right, at its sole discretion, to change, modify, add, or remove any portions of the Terms from time to time. Notification of such modifications may be posted on or through the Platform or Epic Listing's Services. Client’s continued use of Epic Listing's Services constitutes its acceptance of these Terms and any modifications as they arise.
Epic Listing Services
2.1 Use of the Epic Listing Services
To use the Epic Listing Platform, you must register for an Account by providing a valid email address and creating a password. Additional Account information is required before accessing certain Features for verification purposes and to enhance the user experience. See the Data collection section of our Privacy Notice for further information on the data we collect. You shall provide accurate, complete, and current Account information and, as applicable, timely update the same.
Subject to these Terms and the payment of the applicable Fee, Epic Listing grants Clients a non-exclusive, non-transferable, non-sublicensable license to use the Epic Listing Services to:
upload Original Images for enhancement into Enhanced Images;
modify and delete Original Images and Enhanced Images
customise the standard features or functionality of the Epic Listing Services.
To ensure you can successfully use the Epic Listing Services, we recommend that you review the performance of your technology, as we cannot accept any responsibility for slow loading, latency, or failure to view, access or use the Epic Listing Service.
2.2 Modifications to Epic Listing Services
Epic Listing reserves the right to modify the Epic Listing Services or any part or element thereof from time to time without prior notice, including, without limitation:
rebranding, repackaging or repricing (including any adjustments to current Fees which will be applicable at the next Plan Renewal Date) the Epic Listing Services at its sole discretion;
ceasing providing or discontinuing the development of any particular Epic Listing Service, Feature or part or element of the Platform, temporarily or permanently;
taking such action as is necessary to preserve Epic Listing’s rights upon any use of the Epic Listing Services that may be reasonably interpreted as violation of Epic Listing’s intellectual property rights, distribution of internet viruses, worms, trojan horses, malware, and other destructive activities or illegal activity.
As applicable, you may be notified of such modifications when logging in to your Account. If you do not accept a modification, you shall notify Epic Listing before the effective date of the modification, and your Account will terminate on the effective date of the modification. However, your continued use of the Epic Listing Services, or any part or element thereof, after the effective date of a modification shall indicate its consent to the modifications. Epic Listing shall not be liable to the you or to any third person for any modification, suspension or discontinuance of the Epic Listing Services, or any part or element thereof.
2.3 Credentials
You are responsible for maintaining the confidentiality of all Credentials and are solely responsible for all activities that occur with such Credentials.
These Credentials must not be shared or used by multiple persons, but may be reassigned to a new User replacing a former User who has terminated employment (or otherwise changed job function) and who no longer uses Epic Listing Services.
Epic Listing reserves the right to terminate any User’s Credentials that Epic Listing reasonably determines may have been used by an unauthorised third party or in an unauthorised manner, as solely determined by Epic Listing, and will provide immediate notice of such termination to you.
2.4 Administration of your Account
You acknowledge that you retain administrative control over to whom you grant access to Epic Listing Services. You may specify a User to be an Owner or a Member. Epic Listing is entitled to rely on communications from an Owner or a Member when servicing your Account.
2.5 Technical support
Epic Listing shall provide reasonable technical support to you via the following options as outlined below, as soon as reasonably possible.
Epic Listing Knowledge Base: available to all Users.
Chat: available to all Users, via the Epic Listing Platform.
Phone: Users on certain Plans can request a call back from support via their Epic Listing Account
If you are having trouble logging in or don’t have a Epic Listing Account, you can reach out to us at team@epiclisting.com.
2.6 User verification
You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your Account and/or User.
In the event that you lose access to an Account or otherwise requests information about an Account, we reserve the right to request from the you any verification we deem necessary before restoring access to or providing information about such Account.
2.7 Free Trial
As a new Client, you may be entitled to a Free Trial of our Services for which you are not required to provide any credit or debit card information during the Free Trial period. Upon expiration of the Free Trial period and/or when all Free Trial Credits are used up, you will no longer be able to access the Services available via our Platform. To enable access to our Services, you are required to select a Plan and pay the Plan’s first payment interval Fee. Once you upgrade to a paid Plan, your free trial will end.
2.8 Special discounts and promotions
In addition to the current collection of Plans, Epic Listing may offer special discounts and promotions, from time to time, at Epic Listing’s sole discretion which may be subject to additional terms and conditions.
2.9 Beta Services
Epic Listing may offer you certain Features for the purpose of testing and evaluation called Beta Services. Epic Listing reserves the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services, with or without notice to you.
You agree that the Epic Listing will not be liable to you or to any third party for any harm related to, arising out of your use of the Beta Services, or caused by the modification, suspension or discontinuance of any of the Beta Services, for any reason.
2.10 Provision of Epic Listing Services
Epic Listing will:
(a) make our Services available to you pursuant to these Terms,
(b) provide reasonable levels of support for our Services to you at no additional charge,
(c) use commercially reasonable efforts to make the Epic Listing Services available 24 hours a day, 7 days a week, except for: (i) planned downtime (of which Epic Listing shall give advance written notice), and (ii) any unavailability caused by circumstances beyond Epic Listing’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, pandemic, strike or other labor problem, internet service provider failure or delay or denial of service attack.
To the fullest extent permitted by law, Epic Listing's Services are provided on an "As is" and "As available" basis, without warranty of any kind. Epic Listing and its third-party licensors or providers specifically disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary or third-party rights. Epic Listing and third-party licensors and providers make no warranty that: (I) the Services will meet your requirements, (ii) the provision of the Services will be uninterrupted, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, or (iv) any errors on the Platform will be corrected. Some jurisdictions do not allow the disclaimer of implied warranties, so a portion of the foregoing may not apply to you, in which case the duration of any such implied warranties is limited to the minimum period permissible under applicable law.
Epic Listing Services
2.1 Use of the Epic Listing Services
To use the Epic Listing Platform, you must register for an Account by providing a valid email address and creating a password. Additional Account information is required before accessing certain Features for verification purposes and to enhance the user experience. See the Data collection section of our Privacy Notice for further information on the data we collect. You shall provide accurate, complete, and current Account information and, as applicable, timely update the same.
Subject to these Terms and the payment of the applicable Fee, Epic Listing grants Clients a non-exclusive, non-transferable, non-sublicensable license to use the Epic Listing Services to:
upload Original Images for enhancement into Enhanced Images;
modify and delete Original Images and Enhanced Images
customise the standard features or functionality of the Epic Listing Services.
To ensure you can successfully use the Epic Listing Services, we recommend that you review the performance of your technology, as we cannot accept any responsibility for slow loading, latency, or failure to view, access or use the Epic Listing Service.
2.2 Modifications to Epic Listing Services
Epic Listing reserves the right to modify the Epic Listing Services or any part or element thereof from time to time without prior notice, including, without limitation:
rebranding, repackaging or repricing (including any adjustments to current Fees which will be applicable at the next Plan Renewal Date) the Epic Listing Services at its sole discretion;
ceasing providing or discontinuing the development of any particular Epic Listing Service, Feature or part or element of the Platform, temporarily or permanently;
taking such action as is necessary to preserve Epic Listing’s rights upon any use of the Epic Listing Services that may be reasonably interpreted as violation of Epic Listing’s intellectual property rights, distribution of internet viruses, worms, trojan horses, malware, and other destructive activities or illegal activity.
As applicable, you may be notified of such modifications when logging in to your Account. If you do not accept a modification, you shall notify Epic Listing before the effective date of the modification, and your Account will terminate on the effective date of the modification. However, your continued use of the Epic Listing Services, or any part or element thereof, after the effective date of a modification shall indicate its consent to the modifications. Epic Listing shall not be liable to the you or to any third person for any modification, suspension or discontinuance of the Epic Listing Services, or any part or element thereof.
2.3 Credentials
You are responsible for maintaining the confidentiality of all Credentials and are solely responsible for all activities that occur with such Credentials.
These Credentials must not be shared or used by multiple persons, but may be reassigned to a new User replacing a former User who has terminated employment (or otherwise changed job function) and who no longer uses Epic Listing Services.
Epic Listing reserves the right to terminate any User’s Credentials that Epic Listing reasonably determines may have been used by an unauthorised third party or in an unauthorised manner, as solely determined by Epic Listing, and will provide immediate notice of such termination to you.
2.4 Administration of your Account
You acknowledge that you retain administrative control over to whom you grant access to Epic Listing Services. You may specify a User to be an Owner or a Member. Epic Listing is entitled to rely on communications from an Owner or a Member when servicing your Account.
2.5 Technical support
Epic Listing shall provide reasonable technical support to you via the following options as outlined below, as soon as reasonably possible.
Epic Listing Knowledge Base: available to all Users.
Chat: available to all Users, via the Epic Listing Platform.
Phone: Users on certain Plans can request a call back from support via their Epic Listing Account
If you are having trouble logging in or don’t have a Epic Listing Account, you can reach out to us at team@epiclisting.com.
2.6 User verification
You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your Account and/or User.
In the event that you lose access to an Account or otherwise requests information about an Account, we reserve the right to request from the you any verification we deem necessary before restoring access to or providing information about such Account.
2.7 Free Trial
As a new Client, you may be entitled to a Free Trial of our Services for which you are not required to provide any credit or debit card information during the Free Trial period. Upon expiration of the Free Trial period and/or when all Free Trial Credits are used up, you will no longer be able to access the Services available via our Platform. To enable access to our Services, you are required to select a Plan and pay the Plan’s first payment interval Fee. Once you upgrade to a paid Plan, your free trial will end.
2.8 Special discounts and promotions
In addition to the current collection of Plans, Epic Listing may offer special discounts and promotions, from time to time, at Epic Listing’s sole discretion which may be subject to additional terms and conditions.
2.9 Beta Services
Epic Listing may offer you certain Features for the purpose of testing and evaluation called Beta Services. Epic Listing reserves the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services, with or without notice to you.
You agree that the Epic Listing will not be liable to you or to any third party for any harm related to, arising out of your use of the Beta Services, or caused by the modification, suspension or discontinuance of any of the Beta Services, for any reason.
2.10 Provision of Epic Listing Services
Epic Listing will:
(a) make our Services available to you pursuant to these Terms,
(b) provide reasonable levels of support for our Services to you at no additional charge,
(c) use commercially reasonable efforts to make the Epic Listing Services available 24 hours a day, 7 days a week, except for: (i) planned downtime (of which Epic Listing shall give advance written notice), and (ii) any unavailability caused by circumstances beyond Epic Listing’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, pandemic, strike or other labor problem, internet service provider failure or delay or denial of service attack.
To the fullest extent permitted by law, Epic Listing's Services are provided on an "As is" and "As available" basis, without warranty of any kind. Epic Listing and its third-party licensors or providers specifically disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary or third-party rights. Epic Listing and third-party licensors and providers make no warranty that: (I) the Services will meet your requirements, (ii) the provision of the Services will be uninterrupted, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, or (iv) any errors on the Platform will be corrected. Some jurisdictions do not allow the disclaimer of implied warranties, so a portion of the foregoing may not apply to you, in which case the duration of any such implied warranties is limited to the minimum period permissible under applicable law.
Epic Listing Services
2.1 Use of the Epic Listing Services
To use the Epic Listing Platform, you must register for an Account by providing a valid email address and creating a password. Additional Account information is required before accessing certain Features for verification purposes and to enhance the user experience. See the Data collection section of our Privacy Notice for further information on the data we collect. You shall provide accurate, complete, and current Account information and, as applicable, timely update the same.
Subject to these Terms and the payment of the applicable Fee, Epic Listing grants Clients a non-exclusive, non-transferable, non-sublicensable license to use the Epic Listing Services to:
upload Original Images for enhancement into Enhanced Images;
modify and delete Original Images and Enhanced Images
customise the standard features or functionality of the Epic Listing Services.
To ensure you can successfully use the Epic Listing Services, we recommend that you review the performance of your technology, as we cannot accept any responsibility for slow loading, latency, or failure to view, access or use the Epic Listing Service.
2.2 Modifications to Epic Listing Services
Epic Listing reserves the right to modify the Epic Listing Services or any part or element thereof from time to time without prior notice, including, without limitation:
rebranding, repackaging or repricing (including any adjustments to current Fees which will be applicable at the next Plan Renewal Date) the Epic Listing Services at its sole discretion;
ceasing providing or discontinuing the development of any particular Epic Listing Service, Feature or part or element of the Platform, temporarily or permanently;
taking such action as is necessary to preserve Epic Listing’s rights upon any use of the Epic Listing Services that may be reasonably interpreted as violation of Epic Listing’s intellectual property rights, distribution of internet viruses, worms, trojan horses, malware, and other destructive activities or illegal activity.
As applicable, you may be notified of such modifications when logging in to your Account. If you do not accept a modification, you shall notify Epic Listing before the effective date of the modification, and your Account will terminate on the effective date of the modification. However, your continued use of the Epic Listing Services, or any part or element thereof, after the effective date of a modification shall indicate its consent to the modifications. Epic Listing shall not be liable to the you or to any third person for any modification, suspension or discontinuance of the Epic Listing Services, or any part or element thereof.
2.3 Credentials
You are responsible for maintaining the confidentiality of all Credentials and are solely responsible for all activities that occur with such Credentials.
These Credentials must not be shared or used by multiple persons, but may be reassigned to a new User replacing a former User who has terminated employment (or otherwise changed job function) and who no longer uses Epic Listing Services.
Epic Listing reserves the right to terminate any User’s Credentials that Epic Listing reasonably determines may have been used by an unauthorised third party or in an unauthorised manner, as solely determined by Epic Listing, and will provide immediate notice of such termination to you.
2.4 Administration of your Account
You acknowledge that you retain administrative control over to whom you grant access to Epic Listing Services. You may specify a User to be an Owner or a Member. Epic Listing is entitled to rely on communications from an Owner or a Member when servicing your Account.
2.5 Technical support
Epic Listing shall provide reasonable technical support to you via the following options as outlined below, as soon as reasonably possible.
Epic Listing Knowledge Base: available to all Users.
Chat: available to all Users, via the Epic Listing Platform.
Phone: Users on certain Plans can request a call back from support via their Epic Listing Account
If you are having trouble logging in or don’t have a Epic Listing Account, you can reach out to us at team@epiclisting.com.
2.6 User verification
You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your Account and/or User.
In the event that you lose access to an Account or otherwise requests information about an Account, we reserve the right to request from the you any verification we deem necessary before restoring access to or providing information about such Account.
2.7 Free Trial
As a new Client, you may be entitled to a Free Trial of our Services for which you are not required to provide any credit or debit card information during the Free Trial period. Upon expiration of the Free Trial period and/or when all Free Trial Credits are used up, you will no longer be able to access the Services available via our Platform. To enable access to our Services, you are required to select a Plan and pay the Plan’s first payment interval Fee. Once you upgrade to a paid Plan, your free trial will end.
2.8 Special discounts and promotions
In addition to the current collection of Plans, Epic Listing may offer special discounts and promotions, from time to time, at Epic Listing’s sole discretion which may be subject to additional terms and conditions.
2.9 Beta Services
Epic Listing may offer you certain Features for the purpose of testing and evaluation called Beta Services. Epic Listing reserves the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services, with or without notice to you.
You agree that the Epic Listing will not be liable to you or to any third party for any harm related to, arising out of your use of the Beta Services, or caused by the modification, suspension or discontinuance of any of the Beta Services, for any reason.
2.10 Provision of Epic Listing Services
Epic Listing will:
(a) make our Services available to you pursuant to these Terms,
(b) provide reasonable levels of support for our Services to you at no additional charge,
(c) use commercially reasonable efforts to make the Epic Listing Services available 24 hours a day, 7 days a week, except for: (i) planned downtime (of which Epic Listing shall give advance written notice), and (ii) any unavailability caused by circumstances beyond Epic Listing’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, pandemic, strike or other labor problem, internet service provider failure or delay or denial of service attack.
To the fullest extent permitted by law, Epic Listing's Services are provided on an "As is" and "As available" basis, without warranty of any kind. Epic Listing and its third-party licensors or providers specifically disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary or third-party rights. Epic Listing and third-party licensors and providers make no warranty that: (I) the Services will meet your requirements, (ii) the provision of the Services will be uninterrupted, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, or (iv) any errors on the Platform will be corrected. Some jurisdictions do not allow the disclaimer of implied warranties, so a portion of the foregoing may not apply to you, in which case the duration of any such implied warranties is limited to the minimum period permissible under applicable law.
3. Restrictions
3.1 Prohibited activities
You may use Epic Listing Services, and any part or element thereof, only in the scope, with the means and for purposes as identified in these Terms and applicable law. By way of example, neither you or any User associated with your Account may:
use Epic Listing's Services or any part or element thereof to commit a crime, breach any applicable law or entice or invite others to carry out such illegal actions, infringe upon others' intellectual property rights, or to upload malicious content;
copy, duplicate, distribute, modify, adapt, hack, create derivative works, reverse engineer or decompile the Epic Listing Services, the Epic Listing Platform or any part or element thereof, or attempt to extract the source code thereof, unless (i) it is expressly allowed under applicable law, and (ii) to the extent that Epic Listing is not permitted by that applicable law to exclude or limit the foregoing rights;
provide false, inaccurate or misleading information;
act in a manner that is defamatory, trade libelous, threatening or harassing to Epic Listing; or
use Epic Listing's Services or any part or element thereof unless it has agreed to be bound to these Terms.
Epic Listing reserves the right to restrict access to your Account and/or the Epic Listing Services for any or all Users if we deem you are attempting to use our Services in breach of these Terms.
3.2 Uses requiring Epic Listing's consent
You may not, without Epic Listing’s prior express written consent use Epic Listing's Services, or any part or element thereof, in a scope, with means or for purposes other than those for which their functionality was intended.
3.3 Third parties’ intellectual property
You accept not to upload into the Services or the Platform, or post, email, transmit, share, or otherwise use, in conjunction with, or related in any manner with the Services or the Platform, content for which you do not have the prior authorisation of their titleholders. Epic Listing are not responsible for said content nor the actions you may take with respect to the content, and you shall not use third party content unless you have first obtained the permission of its owner.
By way of example, you shall not upload Original Images or other content protected under intellectual property rights that are not yours, except when the corresponding owner has expressly given its approval. We may delete at any time any content that breaches this section, without prior notice and accepting no liability for any such deletion.
3. Restrictions
3.1 Prohibited activities
You may use Epic Listing Services, and any part or element thereof, only in the scope, with the means and for purposes as identified in these Terms and applicable law. By way of example, neither you or any User associated with your Account may:
use Epic Listing's Services or any part or element thereof to commit a crime, breach any applicable law or entice or invite others to carry out such illegal actions, infringe upon others' intellectual property rights, or to upload malicious content;
copy, duplicate, distribute, modify, adapt, hack, create derivative works, reverse engineer or decompile the Epic Listing Services, the Epic Listing Platform or any part or element thereof, or attempt to extract the source code thereof, unless (i) it is expressly allowed under applicable law, and (ii) to the extent that Epic Listing is not permitted by that applicable law to exclude or limit the foregoing rights;
provide false, inaccurate or misleading information;
act in a manner that is defamatory, trade libelous, threatening or harassing to Epic Listing; or
use Epic Listing's Services or any part or element thereof unless it has agreed to be bound to these Terms.
Epic Listing reserves the right to restrict access to your Account and/or the Epic Listing Services for any or all Users if we deem you are attempting to use our Services in breach of these Terms.
3.2 Uses requiring Epic Listing's consent
You may not, without Epic Listing’s prior express written consent use Epic Listing's Services, or any part or element thereof, in a scope, with means or for purposes other than those for which their functionality was intended.
3.3 Third parties’ intellectual property
You accept not to upload into the Services or the Platform, or post, email, transmit, share, or otherwise use, in conjunction with, or related in any manner with the Services or the Platform, content for which you do not have the prior authorisation of their titleholders. Epic Listing are not responsible for said content nor the actions you may take with respect to the content, and you shall not use third party content unless you have first obtained the permission of its owner.
By way of example, you shall not upload Original Images or other content protected under intellectual property rights that are not yours, except when the corresponding owner has expressly given its approval. We may delete at any time any content that breaches this section, without prior notice and accepting no liability for any such deletion.
3. Restrictions
3.1 Prohibited activities
You may use Epic Listing Services, and any part or element thereof, only in the scope, with the means and for purposes as identified in these Terms and applicable law. By way of example, neither you or any User associated with your Account may:
use Epic Listing's Services or any part or element thereof to commit a crime, breach any applicable law or entice or invite others to carry out such illegal actions, infringe upon others' intellectual property rights, or to upload malicious content;
copy, duplicate, distribute, modify, adapt, hack, create derivative works, reverse engineer or decompile the Epic Listing Services, the Epic Listing Platform or any part or element thereof, or attempt to extract the source code thereof, unless (i) it is expressly allowed under applicable law, and (ii) to the extent that Epic Listing is not permitted by that applicable law to exclude or limit the foregoing rights;
provide false, inaccurate or misleading information;
act in a manner that is defamatory, trade libelous, threatening or harassing to Epic Listing; or
use Epic Listing's Services or any part or element thereof unless it has agreed to be bound to these Terms.
Epic Listing reserves the right to restrict access to your Account and/or the Epic Listing Services for any or all Users if we deem you are attempting to use our Services in breach of these Terms.
3.2 Uses requiring Epic Listing's consent
You may not, without Epic Listing’s prior express written consent use Epic Listing's Services, or any part or element thereof, in a scope, with means or for purposes other than those for which their functionality was intended.
3.3 Third parties’ intellectual property
You accept not to upload into the Services or the Platform, or post, email, transmit, share, or otherwise use, in conjunction with, or related in any manner with the Services or the Platform, content for which you do not have the prior authorisation of their titleholders. Epic Listing are not responsible for said content nor the actions you may take with respect to the content, and you shall not use third party content unless you have first obtained the permission of its owner.
By way of example, you shall not upload Original Images or other content protected under intellectual property rights that are not yours, except when the corresponding owner has expressly given its approval. We may delete at any time any content that breaches this section, without prior notice and accepting no liability for any such deletion.
4. Fees/Payment
4.1 General
The use of Epic Listing's Service, which is not via a Free Trial, is subject to a Fee. Upon completion of a valid Free Trial, you must:
select a Plan, and;
select the quantity of Credits that renews on a monthly.
Different rates apply to different Plans. Also, the higher the number of Credits you select, the higher the Fee.
Epic Listing reserves the right to modify the Fees for any Plan or Credits, at our own reasonable discretion, at any time after the commencement of the Plan Term, upon notice to you (i.e. on the Website, Platform and/or by email) provided that any such modification will not take effect until the start of any Plan immediately following the Plan Term in which Epic Listing provided you with notice of the modification. Additional payment terms may be provided to you at the time of purchase. By continuing to use or access the Services after such changes come into effect, you agree to be bound by the new or increased charges. Subject to any applicable law, any Fees paid hereunder are non-refundable.
You authorise Epic Listing to automatically charge the applicable Fees on or after the Plan Renewal Date unless the Plan has been terminated or canceled in accordance with these Terms. If you wish to reduce the number of Credits, you must do so prior to the Plan Renewal Date.
Payment of all Fees is to be made by credit or debit card, and any amounts due are payable upon purchase of a Plan. We may determine and modify the payment methods we accept from time to time in our sole discretion.
4.2 Credits
Credits can be used during the Plan Term in exchange for our Services and are not re-usable, re-sellable or refundable. Credits can be purchased directly through the Epic Listing Platform as long as you have an active Plan. Once purchased, Credits will be immediately added to your Account and can be used to pay for services.
Credits are available in various pre-defined quantities for which you select the quantity that refreshes in your Account on a monthly basis. Individual Credits or a Credit amount outside of our pre-defined quantities are not available for purchase.
Whether you are on a monthly or annual Plan, Credits renew on a monthly basis on the same date each month (the Credit Renewal Date) corresponding to the date you initially subscribed to a Plan. By way of example, if you subscribe to a Plan on 15th August, your Credits will renew on 15th September. For dates not present in all months (like the 31st), your Credit Renewal Date will be automatically adjusted to the last day of the month.
Any unused Credits in your Account on or prior to your Credit Renewal Date do not roll over to the following month, they expire.
4.3 Cancellation of a Plan
You may cancel your Plan anytime as outlined below, however must do so prior to the Plan Renewal Date in order to avoid billing of the next Plan Term’s Fees. If you choose to cancel your Plan during the Plan Term, you may use the Service until the end of the then-current Plan Term, but will not be issued a refund for the most recently (or any previously) charged Fees.
All Fees are non-refundable. For purposes of clarity, there are no refunds or credits for periods where:
you do not use any Epic Listing Services via an activated Account, including any Credits available on your Account,
you only partially use any Credits available on your Account,
you deactivate the Account or terminate these Terms during an ongoing payment interval,
an Account is terminated or suspended by Epic Listing in accordance with Section 9 Termination/Suspension.
4.4 Taxes
The prices for Epic Listing's Services exclude VAT, sales taxes and any other taxes, as applicable. VAT is the value added tax that must be applied to the Epic Listing Services sold within certain territories and it may apply to you or not depending on several circumstances.
We will calculate the Fees and any applicable taxes and show that information to you before checkout. You are solely responsible for the payment of such taxes, levies or duties.
4.5 Payment card authorisation
Epic Listing may seek pre-authorisation of your payment card account prior to the purchase of Epic Listing's Services in order to verify that the payment card is valid and has the necessary funds or credit available to cover any purchase. You agree to approve such card pre-authorisation and to pay any amounts for a Plan described on the Website and/or Portal, and authorise Epic Listing to charge all Fees to such card account.
You agree to provide Epic Listing with updated information regarding your payment card account upon Epic Listing’s request and any time the information earlier provided is no longer valid.
You warrant and represent that you will only submit payment information that is valid, and that you are authorised to use.
4.6 Payment service providers
Epic Listing uses Stripe to process payments are processed. Stripe is certified in accordance with PCI Level 1 requirements. Therefore, Epic Listing has no access to payment information, nor do we subsequently store said piece of information. You authorise Epic Listing to use Stripe to process payments and consent to the disclosure of your payment information to them.
4. Fees/Payment
4.1 General
The use of Epic Listing's Service, which is not via a Free Trial, is subject to a Fee. Upon completion of a valid Free Trial, you must:
select a Plan, and;
select the quantity of Credits that renews on a monthly.
Different rates apply to different Plans. Also, the higher the number of Credits you select, the higher the Fee.
Epic Listing reserves the right to modify the Fees for any Plan or Credits, at our own reasonable discretion, at any time after the commencement of the Plan Term, upon notice to you (i.e. on the Website, Platform and/or by email) provided that any such modification will not take effect until the start of any Plan immediately following the Plan Term in which Epic Listing provided you with notice of the modification. Additional payment terms may be provided to you at the time of purchase. By continuing to use or access the Services after such changes come into effect, you agree to be bound by the new or increased charges. Subject to any applicable law, any Fees paid hereunder are non-refundable.
You authorise Epic Listing to automatically charge the applicable Fees on or after the Plan Renewal Date unless the Plan has been terminated or canceled in accordance with these Terms. If you wish to reduce the number of Credits, you must do so prior to the Plan Renewal Date.
Payment of all Fees is to be made by credit or debit card, and any amounts due are payable upon purchase of a Plan. We may determine and modify the payment methods we accept from time to time in our sole discretion.
4.2 Credits
Credits can be used during the Plan Term in exchange for our Services and are not re-usable, re-sellable or refundable. Credits can be purchased directly through the Epic Listing Platform as long as you have an active Plan. Once purchased, Credits will be immediately added to your Account and can be used to pay for services.
Credits are available in various pre-defined quantities for which you select the quantity that refreshes in your Account on a monthly basis. Individual Credits or a Credit amount outside of our pre-defined quantities are not available for purchase.
Whether you are on a monthly or annual Plan, Credits renew on a monthly basis on the same date each month (the Credit Renewal Date) corresponding to the date you initially subscribed to a Plan. By way of example, if you subscribe to a Plan on 15th August, your Credits will renew on 15th September. For dates not present in all months (like the 31st), your Credit Renewal Date will be automatically adjusted to the last day of the month.
Any unused Credits in your Account on or prior to your Credit Renewal Date do not roll over to the following month, they expire.
4.3 Cancellation of a Plan
You may cancel your Plan anytime as outlined below, however must do so prior to the Plan Renewal Date in order to avoid billing of the next Plan Term’s Fees. If you choose to cancel your Plan during the Plan Term, you may use the Service until the end of the then-current Plan Term, but will not be issued a refund for the most recently (or any previously) charged Fees.
All Fees are non-refundable. For purposes of clarity, there are no refunds or credits for periods where:
you do not use any Epic Listing Services via an activated Account, including any Credits available on your Account,
you only partially use any Credits available on your Account,
you deactivate the Account or terminate these Terms during an ongoing payment interval,
an Account is terminated or suspended by Epic Listing in accordance with Section 9 Termination/Suspension.
4.4 Taxes
The prices for Epic Listing's Services exclude VAT, sales taxes and any other taxes, as applicable. VAT is the value added tax that must be applied to the Epic Listing Services sold within certain territories and it may apply to you or not depending on several circumstances.
We will calculate the Fees and any applicable taxes and show that information to you before checkout. You are solely responsible for the payment of such taxes, levies or duties.
4.5 Payment card authorisation
Epic Listing may seek pre-authorisation of your payment card account prior to the purchase of Epic Listing's Services in order to verify that the payment card is valid and has the necessary funds or credit available to cover any purchase. You agree to approve such card pre-authorisation and to pay any amounts for a Plan described on the Website and/or Portal, and authorise Epic Listing to charge all Fees to such card account.
You agree to provide Epic Listing with updated information regarding your payment card account upon Epic Listing’s request and any time the information earlier provided is no longer valid.
You warrant and represent that you will only submit payment information that is valid, and that you are authorised to use.
4.6 Payment service providers
Epic Listing uses Stripe to process payments are processed. Stripe is certified in accordance with PCI Level 1 requirements. Therefore, Epic Listing has no access to payment information, nor do we subsequently store said piece of information. You authorise Epic Listing to use Stripe to process payments and consent to the disclosure of your payment information to them.
4. Fees/Payment
4.1 General
The use of Epic Listing's Service, which is not via a Free Trial, is subject to a Fee. Upon completion of a valid Free Trial, you must:
select a Plan, and;
select the quantity of Credits that renews on a monthly.
Different rates apply to different Plans. Also, the higher the number of Credits you select, the higher the Fee.
Epic Listing reserves the right to modify the Fees for any Plan or Credits, at our own reasonable discretion, at any time after the commencement of the Plan Term, upon notice to you (i.e. on the Website, Platform and/or by email) provided that any such modification will not take effect until the start of any Plan immediately following the Plan Term in which Epic Listing provided you with notice of the modification. Additional payment terms may be provided to you at the time of purchase. By continuing to use or access the Services after such changes come into effect, you agree to be bound by the new or increased charges. Subject to any applicable law, any Fees paid hereunder are non-refundable.
You authorise Epic Listing to automatically charge the applicable Fees on or after the Plan Renewal Date unless the Plan has been terminated or canceled in accordance with these Terms. If you wish to reduce the number of Credits, you must do so prior to the Plan Renewal Date.
Payment of all Fees is to be made by credit or debit card, and any amounts due are payable upon purchase of a Plan. We may determine and modify the payment methods we accept from time to time in our sole discretion.
4.2 Credits
Credits can be used during the Plan Term in exchange for our Services and are not re-usable, re-sellable or refundable. Credits can be purchased directly through the Epic Listing Platform as long as you have an active Plan. Once purchased, Credits will be immediately added to your Account and can be used to pay for services.
Credits are available in various pre-defined quantities for which you select the quantity that refreshes in your Account on a monthly basis. Individual Credits or a Credit amount outside of our pre-defined quantities are not available for purchase.
Whether you are on a monthly or annual Plan, Credits renew on a monthly basis on the same date each month (the Credit Renewal Date) corresponding to the date you initially subscribed to a Plan. By way of example, if you subscribe to a Plan on 15th August, your Credits will renew on 15th September. For dates not present in all months (like the 31st), your Credit Renewal Date will be automatically adjusted to the last day of the month.
Any unused Credits in your Account on or prior to your Credit Renewal Date do not roll over to the following month, they expire.
4.3 Cancellation of a Plan
You may cancel your Plan anytime as outlined below, however must do so prior to the Plan Renewal Date in order to avoid billing of the next Plan Term’s Fees. If you choose to cancel your Plan during the Plan Term, you may use the Service until the end of the then-current Plan Term, but will not be issued a refund for the most recently (or any previously) charged Fees.
All Fees are non-refundable. For purposes of clarity, there are no refunds or credits for periods where:
you do not use any Epic Listing Services via an activated Account, including any Credits available on your Account,
you only partially use any Credits available on your Account,
you deactivate the Account or terminate these Terms during an ongoing payment interval,
an Account is terminated or suspended by Epic Listing in accordance with Section 9 Termination/Suspension.
4.4 Taxes
The prices for Epic Listing's Services exclude VAT, sales taxes and any other taxes, as applicable. VAT is the value added tax that must be applied to the Epic Listing Services sold within certain territories and it may apply to you or not depending on several circumstances.
We will calculate the Fees and any applicable taxes and show that information to you before checkout. You are solely responsible for the payment of such taxes, levies or duties.
4.5 Payment card authorisation
Epic Listing may seek pre-authorisation of your payment card account prior to the purchase of Epic Listing's Services in order to verify that the payment card is valid and has the necessary funds or credit available to cover any purchase. You agree to approve such card pre-authorisation and to pay any amounts for a Plan described on the Website and/or Portal, and authorise Epic Listing to charge all Fees to such card account.
You agree to provide Epic Listing with updated information regarding your payment card account upon Epic Listing’s request and any time the information earlier provided is no longer valid.
You warrant and represent that you will only submit payment information that is valid, and that you are authorised to use.
4.6 Payment service providers
Epic Listing uses Stripe to process payments are processed. Stripe is certified in accordance with PCI Level 1 requirements. Therefore, Epic Listing has no access to payment information, nor do we subsequently store said piece of information. You authorise Epic Listing to use Stripe to process payments and consent to the disclosure of your payment information to them.
5. Intellectual Property rights
5.1 Epic Listing's Intellectual Property rights
The Epic Listing Services, Platform, trade names and trademarks, and any associated intellectual property thereof are, solely and exclusively, owned and operated by Epic Listing. Epic Listing Materials are protected by copyright, trade dress, patent, trade secrets, and trademark laws, international conventions and treaties, and all other relevant intellectual property and proprietary rights laws.
Except as set forth in these Terms, your use of Epic Listing's Services and Epic Listing Materials, and any parts or elements, does not grant to you any ownership right or intellectual property rights therein. Any commercial or promotional distribution, publishing or exploitation of the Epic Listing Materials is strictly prohibited unless you have received the express prior written permission from Epic Listing.
You may not use Epic Listing trade names and trademarks in any manner that disparages Epic Listing or its products or services or portrays Epic Listing in a false, competitively adverse or poor light. Epic Listing reserves all rights to our Services, Platform, Epic Listing Materials and Epic Listing trade names and trademarks not expressly granted in the Terms.
5.2 Content
By using Epic Listing's Services to enhance Original Images and produce Enhanced Images, you grant us irrevocable, non-exclusive, worldwide, royalty-free license to use, reproduce, and display such images in connection with the Service provided by Epic Listing. This includes the right to use the Original Images and Enhanced Images to improve the creation of Enhanced Images, and for promotional business purposes of Epic Listing. These rights will survive the termination of the services and/or any agreement.
You also grant Epic Listing a non-exclusive worldwide right to use your name, trademark, and logo for the purposes of our marketing and promotional activities relating to our Services. This right may be revoked upon 30 days written notice.
5.3 Feedback
Any Feedback you provide to us shall be deemed to be non-confidential and non-proprietary, and, accordingly, Epic Listing shall have the right to use such Feedback at our discretion, including, but not limited to the incorporation of such suggested changes into the Epic Listing Services.
5. Intellectual Property rights
5.1 Epic Listing's Intellectual Property rights
The Epic Listing Services, Platform, trade names and trademarks, and any associated intellectual property thereof are, solely and exclusively, owned and operated by Epic Listing. Epic Listing Materials are protected by copyright, trade dress, patent, trade secrets, and trademark laws, international conventions and treaties, and all other relevant intellectual property and proprietary rights laws.
Except as set forth in these Terms, your use of Epic Listing's Services and Epic Listing Materials, and any parts or elements, does not grant to you any ownership right or intellectual property rights therein. Any commercial or promotional distribution, publishing or exploitation of the Epic Listing Materials is strictly prohibited unless you have received the express prior written permission from Epic Listing.
You may not use Epic Listing trade names and trademarks in any manner that disparages Epic Listing or its products or services or portrays Epic Listing in a false, competitively adverse or poor light. Epic Listing reserves all rights to our Services, Platform, Epic Listing Materials and Epic Listing trade names and trademarks not expressly granted in the Terms.
5.2 Content
By using Epic Listing's Services to enhance Original Images and produce Enhanced Images, you grant us irrevocable, non-exclusive, worldwide, royalty-free license to use, reproduce, and display such images in connection with the Service provided by Epic Listing. This includes the right to use the Original Images and Enhanced Images to improve the creation of Enhanced Images, and for promotional business purposes of Epic Listing. These rights will survive the termination of the services and/or any agreement.
You also grant Epic Listing a non-exclusive worldwide right to use your name, trademark, and logo for the purposes of our marketing and promotional activities relating to our Services. This right may be revoked upon 30 days written notice.
5.3 Feedback
Any Feedback you provide to us shall be deemed to be non-confidential and non-proprietary, and, accordingly, Epic Listing shall have the right to use such Feedback at our discretion, including, but not limited to the incorporation of such suggested changes into the Epic Listing Services.
5. Intellectual Property rights
5.1 Epic Listing's Intellectual Property rights
The Epic Listing Services, Platform, trade names and trademarks, and any associated intellectual property thereof are, solely and exclusively, owned and operated by Epic Listing. Epic Listing Materials are protected by copyright, trade dress, patent, trade secrets, and trademark laws, international conventions and treaties, and all other relevant intellectual property and proprietary rights laws.
Except as set forth in these Terms, your use of Epic Listing's Services and Epic Listing Materials, and any parts or elements, does not grant to you any ownership right or intellectual property rights therein. Any commercial or promotional distribution, publishing or exploitation of the Epic Listing Materials is strictly prohibited unless you have received the express prior written permission from Epic Listing.
You may not use Epic Listing trade names and trademarks in any manner that disparages Epic Listing or its products or services or portrays Epic Listing in a false, competitively adverse or poor light. Epic Listing reserves all rights to our Services, Platform, Epic Listing Materials and Epic Listing trade names and trademarks not expressly granted in the Terms.
5.2 Content
By using Epic Listing's Services to enhance Original Images and produce Enhanced Images, you grant us irrevocable, non-exclusive, worldwide, royalty-free license to use, reproduce, and display such images in connection with the Service provided by Epic Listing. This includes the right to use the Original Images and Enhanced Images to improve the creation of Enhanced Images, and for promotional business purposes of Epic Listing. These rights will survive the termination of the services and/or any agreement.
You also grant Epic Listing a non-exclusive worldwide right to use your name, trademark, and logo for the purposes of our marketing and promotional activities relating to our Services. This right may be revoked upon 30 days written notice.
5.3 Feedback
Any Feedback you provide to us shall be deemed to be non-confidential and non-proprietary, and, accordingly, Epic Listing shall have the right to use such Feedback at our discretion, including, but not limited to the incorporation of such suggested changes into the Epic Listing Services.
6. Disclaimers; no warranty
UNLESS OTHERWISE EXPRESSLY STATED BY EPIC LISTING, THE EPIC LISTING SERVICES, EPIC LISTING MATERIAL, PLATFORM AND ANY CONTENT, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE EPIC LISTING SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EPIC LISTING AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, CORRECTNESS, ACCURACY, AND RELIABILITY.
UNLESS OTHERWISE EXPRESSLY STATED BY EPIC LISTING, EPIC LISTING AND ITS AFFILIATES DO NOT WARRANT THAT THE EPIC LISTING SERVICES AND ANY CONTENT OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE EPIC LISTING SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE EPIC LISTING SERVICES AND ANY CONTENT OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE EPIC LISTING SERVICES OR THE PLATFORM THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNLESS OTHERWISE EXPRESSLY STATED BY EPIC LISTING, EPIC LISTING AND ITS AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM, THE EPIC LISTING SERVICES, EPIC LISTING OR ANY WEB SITES, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
IF THE LAWS OF CERTAIN COUNTRIES AND STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, SET FORTH IN THIS SECTION 6, MAY NOT APPLY TO EPIC LISTING, AND YOU MAY HAVE ADDITIONAL RIGHTS AS SET FORTH IN LAW.
6. Disclaimers; no warranty
UNLESS OTHERWISE EXPRESSLY STATED BY EPIC LISTING, THE EPIC LISTING SERVICES, EPIC LISTING MATERIAL, PLATFORM AND ANY CONTENT, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE EPIC LISTING SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EPIC LISTING AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, CORRECTNESS, ACCURACY, AND RELIABILITY.
UNLESS OTHERWISE EXPRESSLY STATED BY EPIC LISTING, EPIC LISTING AND ITS AFFILIATES DO NOT WARRANT THAT THE EPIC LISTING SERVICES AND ANY CONTENT OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE EPIC LISTING SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE EPIC LISTING SERVICES AND ANY CONTENT OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE EPIC LISTING SERVICES OR THE PLATFORM THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNLESS OTHERWISE EXPRESSLY STATED BY EPIC LISTING, EPIC LISTING AND ITS AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM, THE EPIC LISTING SERVICES, EPIC LISTING OR ANY WEB SITES, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
IF THE LAWS OF CERTAIN COUNTRIES AND STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, SET FORTH IN THIS SECTION 6, MAY NOT APPLY TO EPIC LISTING, AND YOU MAY HAVE ADDITIONAL RIGHTS AS SET FORTH IN LAW.
6. Disclaimers; no warranty
UNLESS OTHERWISE EXPRESSLY STATED BY EPIC LISTING, THE EPIC LISTING SERVICES, EPIC LISTING MATERIAL, PLATFORM AND ANY CONTENT, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE EPIC LISTING SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EPIC LISTING AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, CORRECTNESS, ACCURACY, AND RELIABILITY.
UNLESS OTHERWISE EXPRESSLY STATED BY EPIC LISTING, EPIC LISTING AND ITS AFFILIATES DO NOT WARRANT THAT THE EPIC LISTING SERVICES AND ANY CONTENT OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE EPIC LISTING SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE EPIC LISTING SERVICES AND ANY CONTENT OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE EPIC LISTING SERVICES OR THE PLATFORM THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNLESS OTHERWISE EXPRESSLY STATED BY EPIC LISTING, EPIC LISTING AND ITS AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM, THE EPIC LISTING SERVICES, EPIC LISTING OR ANY WEB SITES, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
IF THE LAWS OF CERTAIN COUNTRIES AND STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, SET FORTH IN THIS SECTION 6, MAY NOT APPLY TO EPIC LISTING, AND YOU MAY HAVE ADDITIONAL RIGHTS AS SET FORTH IN LAW.
7. Your liability and indemnity
You are liable for any damage suffered by us as a result of your violation of these Terms, your misuse of Epic Listing's Services or your violation of any laws. You are liable for all activities conducted through your Account.
You agree to indemnify, defend (at our option) and hold us and our respective officers, directors, and employees harmless from and against all claims, loss, liabilities, including attorney's fees, expenses, damages, penalties, fines, and taxes arising out of or related to a breach of these Terms.
Epic Listing is not responsible for the accuracy or completeness of any property representations made through the use of our Services. It is the sole responsibility of you to ensure that the representation of any property, through Enhanced Images or any other means, accurately and lawfully reflects the property's condition, features, and compliance with all applicable laws, regulations, and industry standards. You are urged to use Epic Listing's Services ethically and responsibly, ensuring that all representations of properties are truthful and not misleading.
7. Your liability and indemnity
You are liable for any damage suffered by us as a result of your violation of these Terms, your misuse of Epic Listing's Services or your violation of any laws. You are liable for all activities conducted through your Account.
You agree to indemnify, defend (at our option) and hold us and our respective officers, directors, and employees harmless from and against all claims, loss, liabilities, including attorney's fees, expenses, damages, penalties, fines, and taxes arising out of or related to a breach of these Terms.
Epic Listing is not responsible for the accuracy or completeness of any property representations made through the use of our Services. It is the sole responsibility of you to ensure that the representation of any property, through Enhanced Images or any other means, accurately and lawfully reflects the property's condition, features, and compliance with all applicable laws, regulations, and industry standards. You are urged to use Epic Listing's Services ethically and responsibly, ensuring that all representations of properties are truthful and not misleading.
7. Your liability and indemnity
You are liable for any damage suffered by us as a result of your violation of these Terms, your misuse of Epic Listing's Services or your violation of any laws. You are liable for all activities conducted through your Account.
You agree to indemnify, defend (at our option) and hold us and our respective officers, directors, and employees harmless from and against all claims, loss, liabilities, including attorney's fees, expenses, damages, penalties, fines, and taxes arising out of or related to a breach of these Terms.
Epic Listing is not responsible for the accuracy or completeness of any property representations made through the use of our Services. It is the sole responsibility of you to ensure that the representation of any property, through Enhanced Images or any other means, accurately and lawfully reflects the property's condition, features, and compliance with all applicable laws, regulations, and industry standards. You are urged to use Epic Listing's Services ethically and responsibly, ensuring that all representations of properties are truthful and not misleading.
8. Limitation of Liability
8.1 No Liability
Epic Listing shall not be liable to the you for any consequences resulting from:
any modifications in these Terms, modification of the Epic Listing Services, Epic Listing Material, Account usage by you or any part or element thereof, including, but not limited to, any error, permanent or temporary interruption, discontinuance, suspension or other type of unavailability of the Epic Listing Services or Epic Listing Materials;
deletion of, corruption of, or failure to store any Client Data;
use of Client Data by you or any User associated with your Account;
upgrading or downgrading of a current Plan by you or any User associated with your Account;
any disclosure, loss or unauthorised use of the login Credentials due to your failure, or a User's failure to keep them confidential;
Your use of the Account or the Epic Listing Services by means of web browsers other than those accepted or supported by the Epic Listing;
the application of any remedies against you by Epic Listing; for example, if you or a User has committed a crime or conducted a breach of applicable law by using the Epic Listing Services or any part or element thereof;
the differences between technologies and platforms used for access; for example, if certain Features, functions, parts or elements of the Epic Listing Services are designed for use on a personal computer or laptop and do not function on a mobile platform or a tablet;
Epic Listing’s application of the remedies described in these Terms, even if the reasonable grounds or legal basis for the application of these remedies turned out to be unfounded or invalid afterwards.
In addition, Epic Listing shall not be liable to you for any claim by any User, person, organisation, or third persons against you arising out of your failure to:
provide Epic Listing with accurate information about the Client, Users or Account;
notify Epic Listing of any reasons due to which a User does not have the right to use the Account on behalf of the Client;
provide any Epic Listing Services or Features which it has agreed to provide to any person or organisation (whether such failure arises as a result of Epic Listing’s negligence, breach of these Terms or otherwise);
ensure the lawfulness of the Client Data;
obtain the necessary rights to use the Client Data; or
abide by any of the restrictions described in these Terms.
8.2 Limitation of Liability
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EPIC LISTING ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER IN RESPECT OF A SINGLE OCCURRENCE OR A SERIES OF OCCURRENCES, EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER FOR THE SPECIFIC EPIC LISTING SERVICES GIVING RISE TO THE LIABILITY IN THE SIX MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS FOR NEGLIGENCE, IN CONTRACT OR TORT, MISREPRESENTATION OR OTHERWISE, AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT CLIENT’S PAYMENT OBLIGATIONS SET FORTH IN SECTION 4 “FEES/PAYMENT”.
8.3 Exclusion of Consequential and Related Damages
EXCEPT FOR YOUR INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 7 “YOUR LIABILITY AND INDEMNIFICATION”, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
8. Limitation of Liability
8.1 No Liability
Epic Listing shall not be liable to the you for any consequences resulting from:
any modifications in these Terms, modification of the Epic Listing Services, Epic Listing Material, Account usage by you or any part or element thereof, including, but not limited to, any error, permanent or temporary interruption, discontinuance, suspension or other type of unavailability of the Epic Listing Services or Epic Listing Materials;
deletion of, corruption of, or failure to store any Client Data;
use of Client Data by you or any User associated with your Account;
upgrading or downgrading of a current Plan by you or any User associated with your Account;
any disclosure, loss or unauthorised use of the login Credentials due to your failure, or a User's failure to keep them confidential;
Your use of the Account or the Epic Listing Services by means of web browsers other than those accepted or supported by the Epic Listing;
the application of any remedies against you by Epic Listing; for example, if you or a User has committed a crime or conducted a breach of applicable law by using the Epic Listing Services or any part or element thereof;
the differences between technologies and platforms used for access; for example, if certain Features, functions, parts or elements of the Epic Listing Services are designed for use on a personal computer or laptop and do not function on a mobile platform or a tablet;
Epic Listing’s application of the remedies described in these Terms, even if the reasonable grounds or legal basis for the application of these remedies turned out to be unfounded or invalid afterwards.
In addition, Epic Listing shall not be liable to you for any claim by any User, person, organisation, or third persons against you arising out of your failure to:
provide Epic Listing with accurate information about the Client, Users or Account;
notify Epic Listing of any reasons due to which a User does not have the right to use the Account on behalf of the Client;
provide any Epic Listing Services or Features which it has agreed to provide to any person or organisation (whether such failure arises as a result of Epic Listing’s negligence, breach of these Terms or otherwise);
ensure the lawfulness of the Client Data;
obtain the necessary rights to use the Client Data; or
abide by any of the restrictions described in these Terms.
8.2 Limitation of Liability
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EPIC LISTING ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER IN RESPECT OF A SINGLE OCCURRENCE OR A SERIES OF OCCURRENCES, EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER FOR THE SPECIFIC EPIC LISTING SERVICES GIVING RISE TO THE LIABILITY IN THE SIX MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS FOR NEGLIGENCE, IN CONTRACT OR TORT, MISREPRESENTATION OR OTHERWISE, AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT CLIENT’S PAYMENT OBLIGATIONS SET FORTH IN SECTION 4 “FEES/PAYMENT”.
8.3 Exclusion of Consequential and Related Damages
EXCEPT FOR YOUR INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 7 “YOUR LIABILITY AND INDEMNIFICATION”, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
8. Limitation of Liability
8.1 No Liability
Epic Listing shall not be liable to the you for any consequences resulting from:
any modifications in these Terms, modification of the Epic Listing Services, Epic Listing Material, Account usage by you or any part or element thereof, including, but not limited to, any error, permanent or temporary interruption, discontinuance, suspension or other type of unavailability of the Epic Listing Services or Epic Listing Materials;
deletion of, corruption of, or failure to store any Client Data;
use of Client Data by you or any User associated with your Account;
upgrading or downgrading of a current Plan by you or any User associated with your Account;
any disclosure, loss or unauthorised use of the login Credentials due to your failure, or a User's failure to keep them confidential;
Your use of the Account or the Epic Listing Services by means of web browsers other than those accepted or supported by the Epic Listing;
the application of any remedies against you by Epic Listing; for example, if you or a User has committed a crime or conducted a breach of applicable law by using the Epic Listing Services or any part or element thereof;
the differences between technologies and platforms used for access; for example, if certain Features, functions, parts or elements of the Epic Listing Services are designed for use on a personal computer or laptop and do not function on a mobile platform or a tablet;
Epic Listing’s application of the remedies described in these Terms, even if the reasonable grounds or legal basis for the application of these remedies turned out to be unfounded or invalid afterwards.
In addition, Epic Listing shall not be liable to you for any claim by any User, person, organisation, or third persons against you arising out of your failure to:
provide Epic Listing with accurate information about the Client, Users or Account;
notify Epic Listing of any reasons due to which a User does not have the right to use the Account on behalf of the Client;
provide any Epic Listing Services or Features which it has agreed to provide to any person or organisation (whether such failure arises as a result of Epic Listing’s negligence, breach of these Terms or otherwise);
ensure the lawfulness of the Client Data;
obtain the necessary rights to use the Client Data; or
abide by any of the restrictions described in these Terms.
8.2 Limitation of Liability
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EPIC LISTING ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER IN RESPECT OF A SINGLE OCCURRENCE OR A SERIES OF OCCURRENCES, EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER FOR THE SPECIFIC EPIC LISTING SERVICES GIVING RISE TO THE LIABILITY IN THE SIX MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS FOR NEGLIGENCE, IN CONTRACT OR TORT, MISREPRESENTATION OR OTHERWISE, AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT CLIENT’S PAYMENT OBLIGATIONS SET FORTH IN SECTION 4 “FEES/PAYMENT”.
8.3 Exclusion of Consequential and Related Damages
EXCEPT FOR YOUR INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 7 “YOUR LIABILITY AND INDEMNIFICATION”, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
9. Termination/Suspension
9.1 For convenience
These Terms and/or your access to Epic Listings Services may be terminated for convenience in the following situations;
by you at any time by clicking the cancellation link on the Platform;
by Epic Listing upon decision to end provision of any portion of the Epic Listing Services, any Feature and/or close any portion of the Platform;
by Epic Listing at any stage and for any reason, provided that we will provide a pro rata refund of any unused Fees for the remainder of the Term; or
immediately by either party, if proceedings are initiated for the other party’s liquidation or insolvency or a negotiated settlement with the other party’s creditors is concluded or an assignment is made on behalf of the other party for the benefit of creditors.
9.2 For default
These Terms and/or your access to Epic Listing's Services may be terminated for default upon written notice to the other party as indicated in Section 11.6 “Notices”:
by either party in case of breach of these Terms by the other party, if the breach has not been cured within 30 days of receipt of a notice from the non-breaching party;
immediately by either party if the other party breaches its obligations, as applicable under these Terms; or
by Epic Listing with immediate effect if: (i) your use of the Epic Listing Services is suspected, in our sole discretion, of illegal activity, (ii) requests made by law enforcement, judicial order or other government agencies for such termination, or (iii) if your use of the Epic Listing Services endangers the property of others, the Website or the Platform.
9.3 Effect of termination
Upon termination of these Terms and/or your access to the Epic Listing Services for any reason whatsoever:
Epic Listing shall deactivate and permanently delete the Account and all Client Data in the Epic Listing Services within 6 months of the effective date of termination of these Terms and/or your access to the Epic Listing Services. If you have specifically requested for an earlier deletion of your Account and all Client Data, we shall fulfill such request within 1 month of receiving such a request.
You must:
stop using and prevent the further usage of the Epic Listing Services, including, without limitation, the Platform;
pay any amounts owed to Epic Listing under these Terms; and
discharge any liability incurred by the Client under these Terms prior to the termination.
Except as otherwise set forth herein, in no event shall you receive a refund of any Fees prepaid hereunder.
9.4 Suspension
Epic Listing has the right to suspend access to all or any part of the Epic Listing Service or an Account, including removing Content, at any time, and for any period of time, for: (i) violation or suspected violation of these Terms, (ii) legal obligations (iii) bandwidth usage by your or Users of the Epic Listing Service, any Features, or functionality to be significantly excessive in relation to other Epic Listing Service users, or to protect the integrity, operability, and security of the Epic Listing Service, effective immediately, with or without notice. Unless prohibited by law or legal process or to prevent imminent harm to the Epic Listing Service or any third party, Epic Listing typically provides notice in the form of a banner or email on or before such suspension. Epic Listing will, in its discretion and using good faith, tailor any suspension as needed to preserve the integrity, operability, and security of the Epic Listing Service. For any such suspension, Epic Listing shall make the sole determination as to any credit or refund of prepaid Fees by you.
9. Termination/Suspension
9.1 For convenience
These Terms and/or your access to Epic Listings Services may be terminated for convenience in the following situations;
by you at any time by clicking the cancellation link on the Platform;
by Epic Listing upon decision to end provision of any portion of the Epic Listing Services, any Feature and/or close any portion of the Platform;
by Epic Listing at any stage and for any reason, provided that we will provide a pro rata refund of any unused Fees for the remainder of the Term; or
immediately by either party, if proceedings are initiated for the other party’s liquidation or insolvency or a negotiated settlement with the other party’s creditors is concluded or an assignment is made on behalf of the other party for the benefit of creditors.
9.2 For default
These Terms and/or your access to Epic Listing's Services may be terminated for default upon written notice to the other party as indicated in Section 11.6 “Notices”:
by either party in case of breach of these Terms by the other party, if the breach has not been cured within 30 days of receipt of a notice from the non-breaching party;
immediately by either party if the other party breaches its obligations, as applicable under these Terms; or
by Epic Listing with immediate effect if: (i) your use of the Epic Listing Services is suspected, in our sole discretion, of illegal activity, (ii) requests made by law enforcement, judicial order or other government agencies for such termination, or (iii) if your use of the Epic Listing Services endangers the property of others, the Website or the Platform.
9.3 Effect of termination
Upon termination of these Terms and/or your access to the Epic Listing Services for any reason whatsoever:
Epic Listing shall deactivate and permanently delete the Account and all Client Data in the Epic Listing Services within 6 months of the effective date of termination of these Terms and/or your access to the Epic Listing Services. If you have specifically requested for an earlier deletion of your Account and all Client Data, we shall fulfill such request within 1 month of receiving such a request.
You must:
stop using and prevent the further usage of the Epic Listing Services, including, without limitation, the Platform;
pay any amounts owed to Epic Listing under these Terms; and
discharge any liability incurred by the Client under these Terms prior to the termination.
Except as otherwise set forth herein, in no event shall you receive a refund of any Fees prepaid hereunder.
9.4 Suspension
Epic Listing has the right to suspend access to all or any part of the Epic Listing Service or an Account, including removing Content, at any time, and for any period of time, for: (i) violation or suspected violation of these Terms, (ii) legal obligations (iii) bandwidth usage by your or Users of the Epic Listing Service, any Features, or functionality to be significantly excessive in relation to other Epic Listing Service users, or to protect the integrity, operability, and security of the Epic Listing Service, effective immediately, with or without notice. Unless prohibited by law or legal process or to prevent imminent harm to the Epic Listing Service or any third party, Epic Listing typically provides notice in the form of a banner or email on or before such suspension. Epic Listing will, in its discretion and using good faith, tailor any suspension as needed to preserve the integrity, operability, and security of the Epic Listing Service. For any such suspension, Epic Listing shall make the sole determination as to any credit or refund of prepaid Fees by you.
9. Termination/Suspension
9.1 For convenience
These Terms and/or your access to Epic Listings Services may be terminated for convenience in the following situations;
by you at any time by clicking the cancellation link on the Platform;
by Epic Listing upon decision to end provision of any portion of the Epic Listing Services, any Feature and/or close any portion of the Platform;
by Epic Listing at any stage and for any reason, provided that we will provide a pro rata refund of any unused Fees for the remainder of the Term; or
immediately by either party, if proceedings are initiated for the other party’s liquidation or insolvency or a negotiated settlement with the other party’s creditors is concluded or an assignment is made on behalf of the other party for the benefit of creditors.
9.2 For default
These Terms and/or your access to Epic Listing's Services may be terminated for default upon written notice to the other party as indicated in Section 11.6 “Notices”:
by either party in case of breach of these Terms by the other party, if the breach has not been cured within 30 days of receipt of a notice from the non-breaching party;
immediately by either party if the other party breaches its obligations, as applicable under these Terms; or
by Epic Listing with immediate effect if: (i) your use of the Epic Listing Services is suspected, in our sole discretion, of illegal activity, (ii) requests made by law enforcement, judicial order or other government agencies for such termination, or (iii) if your use of the Epic Listing Services endangers the property of others, the Website or the Platform.
9.3 Effect of termination
Upon termination of these Terms and/or your access to the Epic Listing Services for any reason whatsoever:
Epic Listing shall deactivate and permanently delete the Account and all Client Data in the Epic Listing Services within 6 months of the effective date of termination of these Terms and/or your access to the Epic Listing Services. If you have specifically requested for an earlier deletion of your Account and all Client Data, we shall fulfill such request within 1 month of receiving such a request.
You must:
stop using and prevent the further usage of the Epic Listing Services, including, without limitation, the Platform;
pay any amounts owed to Epic Listing under these Terms; and
discharge any liability incurred by the Client under these Terms prior to the termination.
Except as otherwise set forth herein, in no event shall you receive a refund of any Fees prepaid hereunder.
9.4 Suspension
Epic Listing has the right to suspend access to all or any part of the Epic Listing Service or an Account, including removing Content, at any time, and for any period of time, for: (i) violation or suspected violation of these Terms, (ii) legal obligations (iii) bandwidth usage by your or Users of the Epic Listing Service, any Features, or functionality to be significantly excessive in relation to other Epic Listing Service users, or to protect the integrity, operability, and security of the Epic Listing Service, effective immediately, with or without notice. Unless prohibited by law or legal process or to prevent imminent harm to the Epic Listing Service or any third party, Epic Listing typically provides notice in the form of a banner or email on or before such suspension. Epic Listing will, in its discretion and using good faith, tailor any suspension as needed to preserve the integrity, operability, and security of the Epic Listing Service. For any such suspension, Epic Listing shall make the sole determination as to any credit or refund of prepaid Fees by you.
10. Governing law and Dispute Resolution
These Terms shall be exclusively governed by and construed in accordance with the laws of England and Wales.
In the event of a dispute, controversy or claim arising out of or in relation to these Terms, including but not limited to the formation, validity, breach or termination thereof, the parties shall attempt to solve the matter amicably in mutual negotiations. In the event a mutually acceptable resolution cannot be reached within a reasonable time, either party will be entitled to seek all available remedies, including legal remedies.
10. Governing law and Dispute Resolution
These Terms shall be exclusively governed by and construed in accordance with the laws of England and Wales.
In the event of a dispute, controversy or claim arising out of or in relation to these Terms, including but not limited to the formation, validity, breach or termination thereof, the parties shall attempt to solve the matter amicably in mutual negotiations. In the event a mutually acceptable resolution cannot be reached within a reasonable time, either party will be entitled to seek all available remedies, including legal remedies.
10. Governing law and Dispute Resolution
These Terms shall be exclusively governed by and construed in accordance with the laws of England and Wales.
In the event of a dispute, controversy or claim arising out of or in relation to these Terms, including but not limited to the formation, validity, breach or termination thereof, the parties shall attempt to solve the matter amicably in mutual negotiations. In the event a mutually acceptable resolution cannot be reached within a reasonable time, either party will be entitled to seek all available remedies, including legal remedies.
11. General
11.1 Relationship of the parties
The parties will act solely as independent contractors. These Terms shall not be construed as creating an agency, partnership, joint venture, fiduciary duty, or any other form of legal association between you and Epic Listing, and you shall not represent to the contrary, whether expressly, by implication, appearance or otherwise. These Terms are not for the benefit of any third parties.
11.2 Severability
If any term, condition or provision of these Terms is held to be invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties. The validity and enforceability of the remaining terms, conditions or provisions, or portions of them, shall not be affected.
11.3 Entire agreement
These Terms are the entire agreement between you and Epic Listing regarding your use of Epic Listing's Services, Epic Listing Materials and the Platform and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. Except as otherwise provided herein, no modification, amendment, or waiver of any provision of these Terms will be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted.
15.4 Assignment
You may not, directly or indirectly, in whole or in part, by operation of law or otherwise, assign or transfer these Terms or delegate any of its rights and/or obligations under these Terms without Epic Listing’s prior written consent. Any attempted assignment, transfer or delegation without such prior written consent will be void and unenforceable. Notwithstanding the foregoing, you, or your permitted successive assignees or transferees, may assign or transfer these Terms or delegate any rights or obligations hereunder without consent: (1) to any entity controlled by, or under common control with you, or your permitted successive assignees or transferees; or (2) in connection with a merger, reorganisation, transfer, sale of assets or product lines, or change of control or ownership of the Client, or its permitted successive assignees or transferees. Epic Listing may freely assign or transfer these Terms or delegate any of its rights and/or obligations under these Terms without restriction.
11.5 No waiver
Failure of either party to exercise or enforce any provision of or any of its rights under these Terms shall not be deemed a waiver of future enforcement of that or any other provision or right.
11.6 Notices
Except as otherwise specified in the Terms, all notices related to the Terms will be in writing and will be effective upon (a) personal delivery, (b) the second business day after mailing, or (c), except for notices of termination or an indemnifiable claim, which shall clearly be identifiable as “Legal Notices”, the day of sending by email. Billing-related notices to you will be addressed to the relevant billing contact designated by you. All other notices to you will be addressed to the relevant Client system administrator designated by you.
11. General
11.1 Relationship of the parties
The parties will act solely as independent contractors. These Terms shall not be construed as creating an agency, partnership, joint venture, fiduciary duty, or any other form of legal association between you and Epic Listing, and you shall not represent to the contrary, whether expressly, by implication, appearance or otherwise. These Terms are not for the benefit of any third parties.
11.2 Severability
If any term, condition or provision of these Terms is held to be invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties. The validity and enforceability of the remaining terms, conditions or provisions, or portions of them, shall not be affected.
11.3 Entire agreement
These Terms are the entire agreement between you and Epic Listing regarding your use of Epic Listing's Services, Epic Listing Materials and the Platform and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. Except as otherwise provided herein, no modification, amendment, or waiver of any provision of these Terms will be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted.
15.4 Assignment
You may not, directly or indirectly, in whole or in part, by operation of law or otherwise, assign or transfer these Terms or delegate any of its rights and/or obligations under these Terms without Epic Listing’s prior written consent. Any attempted assignment, transfer or delegation without such prior written consent will be void and unenforceable. Notwithstanding the foregoing, you, or your permitted successive assignees or transferees, may assign or transfer these Terms or delegate any rights or obligations hereunder without consent: (1) to any entity controlled by, or under common control with you, or your permitted successive assignees or transferees; or (2) in connection with a merger, reorganisation, transfer, sale of assets or product lines, or change of control or ownership of the Client, or its permitted successive assignees or transferees. Epic Listing may freely assign or transfer these Terms or delegate any of its rights and/or obligations under these Terms without restriction.
11.5 No waiver
Failure of either party to exercise or enforce any provision of or any of its rights under these Terms shall not be deemed a waiver of future enforcement of that or any other provision or right.
11.6 Notices
Except as otherwise specified in the Terms, all notices related to the Terms will be in writing and will be effective upon (a) personal delivery, (b) the second business day after mailing, or (c), except for notices of termination or an indemnifiable claim, which shall clearly be identifiable as “Legal Notices”, the day of sending by email. Billing-related notices to you will be addressed to the relevant billing contact designated by you. All other notices to you will be addressed to the relevant Client system administrator designated by you.
11. General
11.1 Relationship of the parties
The parties will act solely as independent contractors. These Terms shall not be construed as creating an agency, partnership, joint venture, fiduciary duty, or any other form of legal association between you and Epic Listing, and you shall not represent to the contrary, whether expressly, by implication, appearance or otherwise. These Terms are not for the benefit of any third parties.
11.2 Severability
If any term, condition or provision of these Terms is held to be invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties. The validity and enforceability of the remaining terms, conditions or provisions, or portions of them, shall not be affected.
11.3 Entire agreement
These Terms are the entire agreement between you and Epic Listing regarding your use of Epic Listing's Services, Epic Listing Materials and the Platform and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. Except as otherwise provided herein, no modification, amendment, or waiver of any provision of these Terms will be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted.
15.4 Assignment
You may not, directly or indirectly, in whole or in part, by operation of law or otherwise, assign or transfer these Terms or delegate any of its rights and/or obligations under these Terms without Epic Listing’s prior written consent. Any attempted assignment, transfer or delegation without such prior written consent will be void and unenforceable. Notwithstanding the foregoing, you, or your permitted successive assignees or transferees, may assign or transfer these Terms or delegate any rights or obligations hereunder without consent: (1) to any entity controlled by, or under common control with you, or your permitted successive assignees or transferees; or (2) in connection with a merger, reorganisation, transfer, sale of assets or product lines, or change of control or ownership of the Client, or its permitted successive assignees or transferees. Epic Listing may freely assign or transfer these Terms or delegate any of its rights and/or obligations under these Terms without restriction.
11.5 No waiver
Failure of either party to exercise or enforce any provision of or any of its rights under these Terms shall not be deemed a waiver of future enforcement of that or any other provision or right.
11.6 Notices
Except as otherwise specified in the Terms, all notices related to the Terms will be in writing and will be effective upon (a) personal delivery, (b) the second business day after mailing, or (c), except for notices of termination or an indemnifiable claim, which shall clearly be identifiable as “Legal Notices”, the day of sending by email. Billing-related notices to you will be addressed to the relevant billing contact designated by you. All other notices to you will be addressed to the relevant Client system administrator designated by you.