SCHEDULE
TERMS OF BUSINESS
The terms of business (“TOB”) of the Engagement are set out below.
Finnoto, a Company incorporated under the Companies Act, 2013.
Finnoto, a Company incorporated under the Companies Act, 2013, is referred to in this TOB as “Finnoto”, “us”, “we” or “our” which, where appropriate, includes our successor and predecessor entities and our staff. References in TOB to “the Company” or “you” or “your” are to the persons or entities who are our clients for the Engagement.
The following definitions are used in this TOB:
Capitalized terms used in the TOB, and not defined, shall have the meaning ascribed to such terms in the letter of engagement signed by you (“Letter”). In addition to the terms defined in the Letter, the following words and terms, whenever used in this TOB, unless repugnant to the meaning or context thereof, shall have the respective meanings set forth below:
Finnoto Affiliates” means other businesses we are connected with and which include ‘Finnoto’ in their title. Engagement” means the Services which we provide pursuant to the Letter.
Letter” means to include the schedules, appendices and enclosures (including this TOB) which set out the basis of our contract with you. Loss” means any loss, damage, costs or interest. staff” means member, consultant, employee, director, officer, representative or agent of Finnoto. The term ‘partner’ used in the Letter does not mean to include a person being a partner in a partnership firm. Accordingly, legally the partners do not have a joint and several personal liability to you. With the exception of liabilities arising from gross professional negligence, staff of Finnoto, in their individual capacity will not be liable to you.
Unless otherwise specifically agreed in the Letter, the Letter replaces any previous agreements between us in relation to or in contemplation of the Engagement and shall apply to any future engagements we carry out on your behalf unless varied or replaced. The Letter (which includes the TOB) constitutes the entire agreement between us. In entering into this Letter you acknowledge that you have not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in the Letter.
Company agree that it shall not use service of our Finnoto solutions, in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material:
Company acknowledge, consent and agree that the Finnoto may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
Company understands that Finnoto and the software / App hosted at finno.com may include security components that permit digital materials to be protected, and that use of these digital materials is subject to usage rules set by the Finnoto. You shall not attempt to override, disable, or otherwise interfere with any such security components and usage rules embedded.
Finnoto’s Deliverables including any drafts thereof are private and confidential and are prepared for the addressees’ only. Deliverables and draft Deliverables should not be used, reproduced or circulated for any other purpose and to any third party, whether in whole or in part without the prior written consent of Finnoto, which consent may be given only after consideration of the circumstance existing at the time and may include the provision of an indemnity.