Terms and Conditions

Please Read These Terms Carefully Before Using this Service

 

Digitostaff website is a dedicated online platform made available by Digital Staff Simplified Ltd., D/B/A “Digitostaff”, a Private Limited Company registered in England and Wales under Regn. No. 11212419, with Head Office at 211 Southway, Guildford, Surrey UK GU2 8DZ, and Trading Office located at Digitostaff Kemp House 152-160 City Road, London, United Kingdom EC1V 2NX.Digitostaff is not a recruitment agency, but an online platform which acts as a Finder and Facilitator to bring together independent self employed health service providers including but not limited to, doctors, qualified nurses & care workers (“Providers”), and Clients which are organizations providing healthcare services including but not limited to private care homes, hospitals, schools and prisons which are regulated by the Care Quality Commission (“CQC”) (”Clients”) to connect, communicate and collaborate with each other for mutual benefit. The Services are available through the website http://www.digitostaff.co.uk (hereinafter referred to as “Site”). This will be a binding Agreement (“Agreement”) between Digitostaff (“Digitostaff”, “us” or “we”)and Providers and Clients. Various services provided by Digitostaff are subject to the following Terms and Conditions (the "Terms").



Acceptance of Terms and Conditions of Service

The Services are provided by Digitostaff as a service to its Customers (Providers and Clients together referred to as “you”). By using this site, you agree to follow and are bound by the following terms and conditions that we have provided. Where you accept and agree to these Terms, on behalf of another person or company, you warrant and represent that you have the legal right and authority to bind the person/entity on behalf of which you are entering into this Agreement. If you do not agree to them, do not use the site and do not proceed to register.Your use of the Site constitutes your agreement to all such Terms.

This Service is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained in this agreement and any operating rules, policies, and procedures that may be published from time to time on the Digitostaff website.

Digitostaff reserves the right to modify or remove any part of the Terms in its sole discretion at any time and without prior notice to you by updating this posting. Visitors to, and Customers of, the Site should visit this page periodically for changes. This Site is continually under improvement and changes in this Site may be made at any time. All changes are effective upon posting to this Site.

These Terms incorporate the Digitostaff Privacy Policy, and Digitostaff Terms and Conditions Agreement posted on the Site.



Definitions

 

Confidential Information”means any information that concerns the business, operations, finances, plans or customers of Digitostaff and is disclosed to the Provider and which is by its nature confidential; or is designated by Digitostaff as confidential; or the Provider knows or ought to know is confidential. However, Confidential Information shall not include information which, a Party can prove in written evidence, (i) is now or subsequently becomes generally known or available by publication, commercial use or otherwise, through no fault of the Party, (ii) is known by the Party at the time of disclosure, or (iii) is independently developed or lawfully obtained by the Party without violation of a confidentiality obligation.

CQC” means the Care Quality Commission, an executive non-departmental public body of the Department of Health and Social Care of the United Kingdom and a regulator of the healthcare industry.

Site” means the domain, and all sub-domains, operated by Digitostaff at digitostaff.co.uk or on any affiliate website.



1. Services

Digitostaffmakes the Site available as a service to assist individuals or entities seeking to sell and buy health services. Digitostaff platform acts as a Finder and also as a Facilitator for Clients who intend to buy/avail of services and Providers who provide such services. The Site is useful to both Clients and Providers.

 

2. How it Works

The service helps Providers who have the ability to provide health services to Clients to post their profile, details of skills, experience and rates. They can search for vacancies; view profile of the Clients who has posted the vacancies; apply for the vacancy; if selected by the Client, agree the terms of an Assignment direct with a Client in respect of such Vacancy; manage assignments; submit a timesheet for a completed Assignment for the Client's approval; and leave feedback relating to its experience of the Client and the Assignment.

Digitostaff provides such information to the Clients who are in search of such Providers to provide the services.

Digitostaff enables Clients to create a Profile providing information about the Client and its activities; post a Vacancy; invite applications for a Vacancy; view the Profile of any Provider applying for a Vacancy; communicate with a Provider directly; select a Provider of the Client's choice; choose to enter into an Assignment direct with the selected Provider in respect of such Vacancy and agree the terms of such Assignment; manage Vacancies and Assignments; review a Provider's timesheet for a completed Assignment and rate Providers based on the quality of their work..

Digitostaff also allows clients to review the Providers’ services in aggregated form. Such Review/Feedback content will include response to questions or survey, photo, audio and text entries.

Providers with best ratings may be offered jobs quickly and continuously. Providers who continuously fail to deliver quality work and within the agreed time will be warned and their account/profile will be removed.



3. Fee and Payment

Payment in consideration of the service provided, will be explicit. On availing of the service, the fee agreed – either fixed amount or based on the number of hours worked for the Client plus the Digitostaff platform fees, is payable by the Client to Provider through Digitostaff. Any taxes if applicable, shall also be paid. All timesheets detailing the services provided to the Client, shall be submitted by the Provider via Digitostaff platform. Digitostaff will deduct its fees and pay agreed amount to the Provider.

 

Digitostaff does not have any payment obligation for the services rendered by the Provider to the Client; but only facilitates the Client's payment of sums due from Client to a Provider by providing access to a Payment Processor facility.

 

Once a Client assigns a job to a Provider, the same cannot be cancelled unless the service provided is not of acceptable quality or is improper. Assignment agreed Information relating to the frequency and timeliness of cancellations by a Provider will be visible to Clients in the Provider's Profile. Late cancellations or 'no-shows' by a Provider may result in the Provider's use of the Platform being terminated at our sole discretion.

 

4. Relationship

You acknowledge and agree that Digitostaff is only an online platform. It does not provide healthcare or recruitment services or any other services except as otherwise set out in these Terms or otherwise indicated on the Platform. The service contract shall be between Provider and Client. Provider shall be solely responsible for the service provided through the Site. Client shall be solely responsible for the service availed through the Site. Digitostaff will in no way be responsible for the dealings between the Parties. This Agreement does not create any Agency or other relationship between the Providers/Client and Digitostaff



5. Registration

To provide/avail services through our Site, you must register. Registration with Digitostaff is free. When you register, you agree to provide true, accurate and complete information about you/entity which you represent. You agree to update this information as and when changes occur.

Clients will register as organisations. Each organisation will have an administrator from the company and members or employees who will create and send the service requirements to Providers through Digitostaff.

Providers will have a 2 step login to complete. Once they login, we ask them to complete details about themselves like, Age, gender, profession, qualification, experience and some other questions relevant to their service. This will enable us to filter out the right Providers for the right services.

Your registration will be complete and you will be able to access the services once we receive your email from your registered email id accepting the Terms and Conditions.

Your Digitostaff registration is not transferable, and any transfer or attempted transfer to another party is null and void. You must treat your identification login, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you knows your identification code or password or other security information, you must promptly notify us via an email to jambo@digitostaff.co.uk





Know Your Customer (KYC) (for Providers)

KYC means "Know Your Customer"and are a set of legal obligations required by our payment partner Mangopay, related to their license as an electronic money issuer and are necessary in order to fight fraud, money laundering and financing of terrorism.

In order for MangoPay to collect funds from clients and pay to a provider, they need the clients to verify their identity/entity and add their bank account information. To make this easier, Mangopay has been embedded in an iframe in Digitostaff website. The Providers can set up all of their settlement details without ever leaving Digitostaff's website.

Note that Providers typically only need to complete this step once. After they have completed this step, all funds will be automatically settled to their bank account on a regular basis. The Provider can choose how often these withdrawals happen (daily, weekly, or monthly).

Know Your Customer (KYC) (for Clients)

KYC means "Know Your Customer"and are a set of legal obligations required by our payment partner Mangopay, related to their license as an electronic money issuer and are necessary in order to fight fraud, money laundering and financing of terrorism.

In order for MangoPay to collect funds from clients and pay to a provider, they need the clients to verify their identity/entity and add their bank account information. To make this easier, Mangopay has been embedded in an iframe in Digitostaff website. The clients can set up all of their settlement details without ever leaving Digitostaff's website.



6. Privacy Policy

 

We respect your privacy and the use and protection of your Personal Information. Digitostaff collects certain personal information at the time of registration. Such information and data collected by us about Customers will be treated as confidential and protected and used by us in accordance with (i) any data protection legislation from time to time in force in the UK including the Data Protection Act 2018 or any successor legislation, as well as (ii) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulation relating to data protection and privacy which are incorporated into our privacy policy. You can review the most current version of our Privacy Policy at any time at: http://www.digitostaff.co.uk/privacy-policy .



7. Links

 

Digitostaff site may provide links to third party service providers like Credas in order to verify your identity and rights to work in the UK. We also use the services of Mangopay, an electronic payment Company for undertaking financial transactions. By using our services, you agree to all the terms and conditions of Credas and Mangopay.



8. Eligibility and Obligations

8.1 Eligibility and Obligations of Providers

a) You agree and confirm that you are a legal entity or an individual eighteen (18) years of age or older. You have the legal right and authority to bind the entity on behalf of which you are entering into this Agreement. Digitostaff may terminate your registration and/or prohibit your access to the Site for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are below 18 years of age.

b) When you register with Digitostaff, you accept all of the terms and conditions of this Agreement including but not limited to, you agree to: (a) abide by this Agreement and the processes, procedures, and guidelines described throughout the Site; (b) be financially responsible for your use of the Site and the delivery of Service; and (c) perform your obligations, unless such obligations are prohibited by law or by this Agreement. Digitostaff reserves the right in its sole discretion to refuse, suspend, or terminate service to anyone with or without cause.

8.2 Eligibility and Obligations of Client

a) You agree and confirm that you are a legal entity. Any use of or access to the Site by an entity which is unlicensed, is a violation of these Terms and Conditions. By using the Site, you agree to abide by all of the terms and conditions of this Agreement.

b) When you register with Digitostaff, you accept all of the terms and conditions of this Agreement including but not limited to, you agree to: (a) abide by this Agreement and the processes, procedures, and guidelines described throughout the Site; (b) be financially responsible for your use of the Site and the purchase of Service; and (c) perform your obligations, unless such obligations are prohibited by law or by this Agreement. Digitostaff reserves the right in its sole discretion to refuse, suspend, or terminate service to anyone with or without cause.



9. Provider Covenants and Conduct

9.1 Provider acknowledges and agrees that Digitostaff site has provision for posting feedback by Client. Client may post comments, compliments, criticisms, ratings and other observations regarding Provider. Digitostaff may arrive at composite feedback score based on these ratings. Further, Provider releases Digitostaff from any claim, demands, proceedings, losses and damages including special and consequential damages and legal fees that may arise as a result of any use of the feedback system on the Website.

 

9.2 Provider agrees that any information or material submitted by Provider to the Website will be treated as non-confidential and non-proprietary, and may be sent to Clients.

 

9.3 Provider warrants to and agrees with Digitostaff that:

  1. it has no conflict of interest or no legal or other impediment in performing its obligations under this Agreement;

  2. it has the necessary knowledge and experience to perform the agreed Services;

  3. it will comply with the Code of Conduct in providing Services to the Clients;

  4. it has all insurance required for a service Provider in the Provider’s position and area of practice;

  5. it will at all time comply with Digitostaff’s Privacy Policy;

  6. it will not engage in misleading or deceptive marketing practices;

  7. it will not release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to Digitostaff without Digitostaff’s prior written approval;

 

  1. it will not cancel or reschedule any appointment made with a Client (whether to provide a quotation, perform the service or otherwise) without prior notification to and acceptance by the Client.

 

9.4 Provider agrees NOT to:

 

  1. Sell, resell, transfer, reproduce, duplicate or exploit any portion of the Digitostaff Services in any way without prior written consent of Digitostaff;

 

  1. Modify, adapt or hack the Digitostaff Service or modify another website so as to falsely imply that it is associated with the Service;

 

  1. Impersonate another person or otherwise misrepresent his/her affiliation with a person or entity, conducts fraud, hide or attempt to hide the identity, or misrepresent the source or content of information transmitted through the Services;

 

  1. Transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or spamming;

 

  1. Use the Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the site or all or any portion of the Services;

 

  1. Distribute or facilitate distribution of any content, including but not limited to text, unsolicited commercial and other communications, software, images, sounds, data, or other information that: (i) is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Digitostaff's rules or policies; (ii) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

 

  1. Contact a Client for any purpose other than asking a question related to the work;

 

  1. Post to the Website or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful programs;

 

  1. Use of bots, crawlers, or spiders, or other methods, to collect information from the site;

 

  1. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site and Services.

 

10. Client Conduct and Prohibited Activities

10.1 Client acknowledges and agrees that Digitostaff site has provision for posting feedback by Client. Here, Client may post comments, compliments, criticisms and other observations regarding Providers on the Website that are honest, fair and reasonable and which can be substantiated. Client agrees that any information submitted by it to Digitostaff is complete and accurate, and can be treated as non-confidential and non-proprietary. Digitostaff may use such material for any legal purpose without restriction.

 

10.2 However, the following are prohibited activities, which could lead to the termination of Client’s access to the site/app/service by Digitostaff.

 

  1. License, sublicense, sell, resell, transfer, reproduce, duplicate or exploit any portion of the Services in any way without prior written consent of Digitostaff;

 

  1. Modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service;

 

  1. Impersonate another entity or otherwise misrepresent its affiliation with a person or entity, conducts fraud, hide or attempt to hide its identity, or misrepresent the source or content of information transmitted through the Services;

 

  1. Transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers, or spamming;

  2. Use the Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the site or all or any portion of the Services;

 

  1. Distribute or facilitate distribution of any content, including but not limited to text, unsolicited commercial and other communications, software, images, sounds, data, or other information that: (a) is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Digitostaff's rules or policies; (b) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

 

  1. Contact a Provider for any purpose other than asking a question related to the work;

 

  1. Use the site for Spamming;

 

  1. Post to the Website or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful programs;

 

  1. Use of bots, crawlers, or spiders, or other methods, to collect information from the site;

 

  1. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site and Services.

 

 

 

11. Rights of Digitostaff

 

Provider and Client acknowledge that Digitostaff reserves the right to:

 

(a) refuse to post or remove without notice at any time, at the discretion of Digitostaff, any information or material posted by Provider/Client on the Website, if the same is considered to be objectionable or violating any law; or modify or discontinue any services Digitostaff offers at any time without notice or liability to Provider/Client;

 

(b) decide on matters where there is a disagreement between a Provider and a Client.

 

12. Taxes

All the Clients who use our services will be billed for the services plus VAT under our VAT registration number 6785347. Digitostaff shall not be responsible for payment of any other tax on behalf of Provider or Client. All taxes payable by the Provider/Client, governmental reporting and other legal requirements under applicable law, and all other requirements applicable to the provision of services by Provider and purchase of services by Client shall be the responsibility of the respective Provider/Client. Provider/Client agrees to indemnify Digitostaff for any taxes or penalties imposed on Digitostaff by virtue of the sale/purchase of services on this Site.

 

13. Limitation of Liability

 

13.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT DIGITOSTAFF SHALL NOT BE LIABLE TO THE PROVIDER, CLIENT OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY LOSS, CLAIM OR DAMAGE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, FINES AND EXPENSES OR OTHER INTANGIBLE LOSSES DAMAGES, RESULTING FROM:

 

  1. the use or the inability to use the service;

  2. suspension or termination of your access to the site or service;

  3. the cost of procurement of substitute services resulting from any service purchased or obtained or messages received or transactions entered into through the site;

  4. unauthorised access to or alteration of your transmissions or data;

  5. statements or conduct of any third party on the service;

  6. or any other matter relating to the service;

 

EVEN IF DIGITOSTAFF OR DIGITOSTAFF’S AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

13.2 To the extent permitted by law, the liability of Digitostaff and its affiliates, and your exclusive remedy with respect to the use of the site and the service or any breach of a non-excludable condition or warranty implied by virtue of any legislation is expressly limited to the following remedies at the sole discretion of Digitostaff: (i) the supply of the services again; or (ii) refund of the amount paid by the Client.

 

14. Termination and Cancellation

If Digitostaff believes that Provider/Client's actions may cause damage and/or legal liability for Digitostaff, other Providers or Clients; or if Digitostaff is unable to verify or authenticate any information the Provider/Client provides; or if Provider/Client violates any of these Terms and Conditions, Digitostaff may suspend or terminate your access to the site/service and Digitostaff reserves the right to take any other legal remedies available under law.

While Digitostaff prohibits such conduct, Client understands and agrees that Digitostaff shall not be responsible for the service details provided by the Providers.

You can cancel your Digitostaff registration by sending an email to jambo@digitostaff.co.uk . On receipt of email, your profile will not be available on the site subject to the condition that there is no active action pending. But, your data will remain on our server for any necessary action in future. However, this data will not be used by us or shared with others.

Upon termination/cancellation of access to the site/service, you must destroy all Content obtained from this Site and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, copyrights, trademarks, Provider/Client submissions, disclaimer, limitation of liability, indemnity, and jurisdictional issues shall survive any such termination/cancellation.



15. Disclaimer/No Warranty

Digitostaff service is provided on an "as is" basis without any express or implied warranty of any kind including warranties of merchantability, non-infringement of intellectual property, copyright, or fitness for any particular purpose. Digitostaff services are intended to be used to facilitate the sale and purchase of services. Digitostaff neither endorses any Client or Provider, nor offers any professional advice. Digitostaff is not responsible for and disclaims any and all liability related to any and all listings of services.

The Provide is solely responsible for: (a) reviewing Vacancies posted by the Client including the corresponding Profiles of such Client; (b) carrying out his/her own due diligence on any Client posting a vacancy and his/her suitability; (c) deciding whether or not to apply for a particular Vacancy; (d) negotiating and agreeing the terms and arrangements relating to any Assignment into which the Provider and the Client may choose to enter, including where applicable any Supplemental Terms; and (e) deciding whether or not to enter into an Assignment with any particular Client.

The Client is solely responsible for: (a) reviewing all applications submitted by Providers via the Platform in respect of application submitted for the vacancy posted by the Client including the corresponding profiles of such Providers; (b) carrying out its own due diligence on any Provider regarding his/her suitability; (c) deciding whether or not the Provider meets or is able to meet the Specifications; and select a particular Provider; (d) negotiating and agreeing the terms and arrangements relating to any Assignment into which the Client and the Provider may choose to enter including where applicable any Supplemental Terms; and (e) deciding whether or not to enter into an Assignment with any particular Provider.

Client agrees to take professional advice about the suitability of the service for its requirement, before entering into any deal through the site.

Digitostaff is not responsible for any decisions made by the Client or as the case may be the Provider via the Platform. A Client may amend, update or withdraw a vacancy at any time prior to entering into an Assignment on the basis of such vacancy.

Digitostaff makes no warranties or representations about the accuracy, currency or completeness of the site's content. In no event shall Digitostaff be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of; the use of or inability to use the site; behaviour of Providers/Clients; any unauthorised access to or use of our secure servers and/or; any and all personal information and/or financial information stored therein; any bugs, viruses, trojan horses, or the like which may be transmitted to or through our site by any third party, and/or; any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Digitostaff site.

Digitostaff further does not warrant that its service will be secure or uninterrupted; the information, text, graphics, photographs, images, links or other items contained within these materials will be accurate and complete. Digitostaff may make changes to these materials at any time without notice. Digitostaff makes no commitment to update the Materials. No oral advice or written information given by Digitostaff and its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice.

The Services provided by Digitostaff are Internet-based. You acknowledge and agree that Digitostaff cannot control the flow of data between its servers, other portions of the Internet and your connections and computers. Such flow depends in large part, on the performance of Internet services provided or controlled by third parties. At times, actions or inactions caused by these third parties can impair your connections to the Internet. Although Digitostaff will use its commercially reasonable efforts to take actions it deems appropriate to remedy and avoid such events, it cannot guarantee that they will not occur.

Digitostaff does not monitor or censor the feedback posted by Clients on the Website nor investigate any remarks for accuracy or veracity. Digitostaff does not accept any liability for the accuracy or content of any material posted by Provider/Clients on the Website.

Digitostaff reserves the right not to provide you access to the Services from time to time in order to perform routine or emergency maintenance, bug fixes or upgrades. Digitostaff shall use commercially reasonably efforts to notify you of anticipated material disruptions in the Services and shall make commercially reasonable efforts to schedule such activities at non-peak hours.

 

16. Indemnification

 

You acknowledge and expressly agree that use of this Site is at your sole and own risk. You agree to defend, indemnify and hold harmless Digitostaff and its affiliates, directors, officers, employees, proprietors, independent contractors, consultants, partners, shareholders, representatives, customers, agents, predecessors, successors, and permitted assigns from and against any claim, lawsuit, demand, loss, damage, expense (including attorney fee, costs and expenses) or liability that may result from, arise out of or relate to: (a) acts or omissions by Provider/Client arising out of or in connection with this Agreement; (b) intentional or negligent violations by Provider/Client of any applicable laws or governmental regulation, (c) contractual relations between the Provider/Client and a third party; or (d) infringement of intellectual property rights including, but not limited to, rights relating to patent and copyright. Digitostaff reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Digitostaff in asserting any available defense. You shall not settle any indemnified claim without Digitostaff's prior written consent.

 

17. Intellectual Property

 

All Intellectual property Rights including trademarks, service marks, logos and trade names on this Site, whether registered or unregistered, information, data, software, tools are proprietary to Digitostaff or to other companies where so indicated. You may not reproduce, download or otherwise use any Intellectual property including trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.

By submitting any information or materials to Digitostaff, or posting it on the website, you grant Digitostaff a royalty free, perpetual, irrevocable licence to reproduce, modify, distribute, display and delete such content (in whole or in part) on the Website or as otherwise deemed appropriate by Digitostaff.

 

18. Severability, Waiver, Entire Agreement

In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. Should any portion of this terms and conditions be found invalid by a court of competent jurisdiction, the remaining provisions of terms and conditions hereof shall continue in full force and effect.

The failure of Digitostaff to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

The Terms of Service constitutes the entire agreement between you and Digitostaff and govern your use of the Service, superseding any prior agreements between you and Digitostaff (including, but not limited to, any prior versions of the Terms of Service).

 

19. Jurisdiction, Governing Law

Digitostaffmakes no representation that materials on the Site are appropriate or available for use in all locations. Those who choose to access this Site from locations other than UK and countries in the European Union do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized, is prohibited.

These Terms and Conditions shall be governed by the laws of England and Wales without reference to its conflict of principles. In the event of any conflict between foreign laws, rules and regulations and those of laws of England and Wales; the relevant laws, rules and regulations of England and Wales shall prevail. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

 

 

 

20. Disputes Resolution



In case of any dispute arising out of the terms or the interpretation of this Agreement, written notice providing the full particulars of the matters in Dispute may be sent to the Party concerned. Such dispute shall be resolved through initial discussion between the parties. If the meeting for resolving the dispute has not taken place within 5 days of the notice, or the dispute cannot be resolved through discussion within 20 days, the parties agree to resolve the dispute through binding Arbitration following the rules and procedures of UK / EU country concerned.

 

The costs of the Arbitration shall be borne equally by the parties to the Dispute. Arbitration shall be conducted at Digitostaff’s Head Office at211 Southway, Guildford, Surrey, UKGU2 8DZ. Arbitration proceedings shall be conducted in English language.

 

Except for the purpose of obtaining urgent interlocutory or declaratory relief from a court of competent jurisdiction, no party shall commence any proceedings in any court, tribunals or otherwise without first providing a Dispute Notice and complying with the Arbitration process set out in this clause. Client hereby consents to personal jurisdiction by the courts located in United Kingdom.



(Trading Office) Digitostaff Kemp House 152-160 City Road, London, United Kingdom EC1V 2NX

(Head Office) Digitostaff 211 Southway, Guildford, Surrey, United Kingdom, GU4 8DZ

+44 207 101 3230

jambo@digitostaff.co.uk