CloseRocket's terms and conditions - companies
1. GENERAL
1.1. The following terms and conditions (“Terms and Conditions“), govern your access to and use of the CloseRocket website and mobile application, including any content, functionality and services offered on or through www.closerocket.com (the “Site“) by Deal machine s. r. o., with its registered seat at Hlboká cesta 1418/42, 010 01 Žilina, Slovak Republic, Identification No.: 55 209 971, registered with the Commercial Register of District Court Žilina, Section: Sro, Insert No.: 81291/L, as applicable (“CloseRocket” “we” or “us“). The definitions “you” or “user” mean you as a user of the Site.
1.2. Please read the Terms and Conditions carefully before you start to use the Site. By using the Site, opening an Account or by clicking to accept or agree to the Terms and Conditions when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms and Conditions. You further acknowledge, you have read and understood our Privacy Policy, found here. If you do not want to agree to these Terms and Conditions or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.
1.3. This Site is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18, you are not permitted to use the Site or the CloseRocket services. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
1.4. Our Customer Support team is available if you have any questions regarding the Site or Terms and Conditions. Contacting our Customer Support team can be performed by submitting a request to the e-mail address: [email protected].
1.5. The original language of these Terms and Conditions, as well as all other texts throughout the Site, is English. CloseRocket makes this translation available for convenience only. In case of conflicts between the original English version and any translation, the English version prevails.
1.6. The Site is a platform tailor-made for all – startups, middle sized firms, larger teams and businesses. Sales Persons on the Site’s catalogue are required to comply with certain professional standards. Eligible Sales Persons who are included in the Site’s catalogue will be regularly evaluated by CloseRocket to ensure their high-quality professionalism is kept. CloseRocket reserves the right to remove Sales Persons from the Site’s catalogue.
2. KEY TERMS
2.1. Account means a profile of both Sales Persons and Companies which they create by filling in a form on the Site and agreeing to these Terms and Conditions and which consists of all the information needed for matching the Sales Persons with Companies.
2.2. Authorized Users means the employees or service providers who have been expressly authorized by a Company to use the Site on its behalf in accordance with these Terms and Conditions.
2.3. Companies are users who purchase services on the Site.
2.4. Database is a database of people maintained in Pipedrive (or alike) that the Company shares with CloseRocket or vice-versa CloseRocket shares with the Company, duly (in compliance with law) for the purpose of sharing the Database with the Sales Persons to complete the Sales Cycle.
2.5. Orders are the agreements between a Company and CloseRocket which are deemed concluded once (a) the Company completes an order form on the Site and then (b) a Sales Person dedicated by CloseRocket has confirmed an interest to work for the particular Company.
2.6. Sales Cycle means a set of services ordered by the Company and performed by CloseRocket (ultimately by a matched Sales Person).
2.7. Sales Person is a user who offers and performs services through the Site. 2.8. Stripe Connect is a platform used by CloseRocket to pay revenues to Sales Persons and receive payments from Companies.
2.9. Submitted Data means all data, information, text, recordings, and other content and materials that are collected, submitted, provided, or otherwise transmitted or stored by the user in connection with its use of the Site, including data provided by it into the Database.
2.10. Third Party means an entity the products/services provided by which are used for the operation of the Site/provision of other services by CloseRocket to the user, which is not a Sales Person.
3. OVERVIEW (MAIN TERMS, IN A NUTSHELL)
3.1. Only registered users may use the Site. Registration is free. In registering for an Account, you agree to provide us with accurate, complete and updated information and must not create an Account for fraudulent or misleading purposes. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password and must prevent the Account from unauthorized access. You shall be responsible for any actions taken in your Account and the actions taken while using your Account shall be binding upon you. We are not liable for any acts or omissions by you in connection with your Account.
3.2. Companies pay CloseRocket in advance to create an Order.
3.3. Sales Persons must fulfil their Sales Cycles ordered by the Companies.
3.4. We care about your privacy. You can read our Privacy Policy here.
4. ACCOUNT CREATION AND OBLIGATIONS
4.1. You will create an Account on the Site, providing accurate, true and up-to-date information about your business and about the services you wish to obtain. You undertake to keep the contact information in your Account up to date.
4.2. You represent and warrant that you are legally entitled to enter into this engagement. You represent and warrant that you have a registered trade licence in compliance with the laws of registration.
4.3. If you are an entity you undertake to ensure that only the Authorized Users shall use or otherwise access the Site and acknowledge and agree that you shall ensure that they comply with these Terms and Conditions.
4.4. You may not transmit information to or through the Site/your Account that is fake or fictitious, impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Site/CloseRocket services.
4.5. You must ensure that your devices used to access the Site are properly maintained with up-to-date security measures, including necessary software updates and active protection against malware.
4.6. You must promptly (in any event within 48 hours) notify CloseRocket of security incidents that could have implications to the Site and/or CloseRocket/Third Party (e.g. compromised Account credentials or lost or stolen devices with access to the Site, compromised networks or systems including malware worm or ransomware, etc.).
4.7. CloseRocket reserves the right to put any Account on hold or permanently disable Accounts due to breach of these Terms and Conditions or due to any illegal or inappropriate use of the Site or services.
4.8. Violation of these Terms and Conditions may get your Account disabled permanently.
4.9. Users with disabled Accounts will not be able to sell or buy on Site.
4.10. Users who have violated our Terms and Conditions and had their Account disabled may contact our Customer Support team for more information surrounding the violation and status of the Account.
4.11. Users must be able to verify their Account ownership through Customer Support by providing materials that prove ownership of that Account.
4.12. Users agree to comply with the usage and update procedures for the Site and Third-Party components/services as communicated by CloseRocket/Third Party.
5. SALES CYCLE
5.1. You acknowledge that the paid services provided to you by CloseRocket (and ultimately Sales Persons) are consisting of the activities to be performed in the Sales Cycle. You also acknowledge that CloseRocket does not guarantee your success on the market or the amount of sold products. CloseRocket solely guarantees the performance of activities based on the agreed Sales Cycle and is entitled to payments under point 6 below solely based on the completion of Sales Cycle. Upon completion of a Sales Cycle, CloseRocket will send a report to the Company for the period of the completed Sales Cycle via the Account as well as by email listed in the Account. In the event that the Company does not object in writing to the contents of the report so delivered within 5 business days of the date of the report’s delivery via e-mail, the Company shall be deemed to have confirmed that the Sales Cycle has been properly completed and that CloseRocket has therefore duly and fully completed the relevant Sales Cycle.
5.2. The content of Sales Cycles completed by CloseRocket and ultimately the Sales Person depends on the type of Sales Cycle chosen by the Company in the Order. There are two different types of Sales Cycles: (i) Basic Sales Cycle; and (ii) Premium Sales Cycle. The Sales Cycles will be made available to the Company during placing of an Order with detailed description of their content.
5.3. Close Rocket is obliged to duly complete the Sales Cycle ordered by the Company in an Order.
5.4. If the Company is not satisfied with the performance of the matched Sales Persons, the Company may ask CloseRocket to change the Sales Persons. The Company and Sales Person acknowledge that the matching happens on the 15th day of each calendar month and is effective from the beginning of the next calendar month after matching.
5.5. In order to duly perform and complete the Sales Cycle, CloseRocket and Sales Persons access the Database. Company agrees to provide CloseRocket with cooperation in connection to the Database to ensure proper completion of the Sales Cycle. The Company’s cooperation will relate in particular to the list of potential customers that the Sales Person will contact for the purpose of completing the Sales Cycle.
5.6. In the event that the Company fails to cooperate with CloseRocket within 15 days of CloseRocket’s request, CloseRocket will immediately cease to provide the services under the Order and will not continue to provide the services until the Company has provided the requested cooperation. In such an event, CloseRocket will provide the Company with a discount of 20% off the current Fee until termination of the engagement based on the Order. For the avoidance of any doubt, procedure described in this Article5.6 does not constitute a termination of the engagement based on the Order.
6. FEE AND BONUS
6.1. CloseRocket is entitled to a payment of a one-off fee from the Company for initial setup of the Site for the Company, the description of which is included on the Site, in the amount that is approved by the Company in its Order (“Initial Setup Fee”).
6.2. CloseRocket is entitled to a payment of a monthly fee from the Company for completing the Sales Cycle in the amount that is approved by the Company in its Order (“Fee”).
6.3. On top of Fee, CloseRocket is entitled to a bonus from products sold by CloseRocket (“Bonus”). Bonus will be agreed in writing between CloseRocket and the Company when the Company makes an Order.
6.4. The Initial Setup Fee will be paid to CloseRocket as a one-off fee, based on an invoice issued by CloseRocket to the Company. The respective invoice must be paid before your first Order, so that CloseRocket can start matching you with the Sales Persons and fulfil other obligations related to the Initial Setup Fee.
6.5. The Fee will be paid to CloseRocket on a monthly basis, based on an invoice issued by CloseRocket to the Company. The invoice must be paid 15 days prior to the beginning of each calendar month, so that the Sales Persons can start completing the Sales Cycle.
6.6. The Bonus will be paid to CloseRocket on a monthly basis, based on a separate invoice issued by CloseRocket to the Company. The Bonus will be paid after the Company confirms that the payment from sold products was received by the Company. The Company is obliged to confirm the receipt of payment for sold products within 3 days of its receipt. If the Company does not provide the confirmation or denial of the payment’s receipt within 10 days of the duly performed sale according to the Sales Person’s report, the payment shall be deemed as received and CloseRocket shall be entitled to its Bonus.
6.7. Each CloseRocket’s invoice issued under these Terms and Conditions will be mature within 15 days of its delivery to the Company, whereas its payment will be made by a check or by a wire transfer to CloseRocket’s bank account. Each invoice will contain the essentials required by the respective legal regulations. Should any invoice lack any of such essentials, the Company will be entitled to return it to CloseRocket in order to be correctedꓼ in such a case, the maturity period will commence to lapse only after the delivery of a corrected invoice to the Company.
6.8. Companies may not offer or accept payments to the Sales Persons directly or indirectly using any method other than through the Site. Any breach of this provision will result in a contractual penalty of EUR 2,000 payable to CloseRocket within 30 calendar days of such breach. For these purposes, CloseRocket will issue an invoice to the Company. The Company is also obliged to pay for any damages caused to CloseRocket as a result of breaching this provision in excess of the amount of the contractual penalty.
7. ORDERS
7.1. Once a payment of Fee is confirmed by CloseRocket, your Order will be created and given a unique CloseRocket order number.
7.2. After the Order is given the order number, you will be matched with a Sales Person based on the information provided by you in the order form and on your Account.
7.3. CloseRocket does not warrant the ability to match a Sales Person. If CloseRocket is unable to match a Sales Person to the Company within 2 months from the date when Order was duly placed, CloseRocket is not entitled to a Fee and will refund it back to the Company within 15 days after the expiry of the period in vain.
7.4. When a Sales Person is matched to the Company, it performs the Sales Cycle each month during the duration specified in Order. Sales Persons must duly deliver finished Sales Cycle and report it to CloseRocket.
7.5. Sales Persons are required to meet the delivery activities specified in the Sales Cycle. Failing to do so will result in the Sales Persons not receiving their remuneration and the Sales Cycle will be completed for the Company by the newly matched Sales Person.
7.6. Sales Persons must send completed files and/or proof of work evidencing completion of the Sales Cycle to CloseRocket which CloseRocket then sends to the Company.
8. NON-COMPETE AND NON-SOLICITATION
8.1. You agree that during the term of your engagement with CloseRocket and for a period of one year thereafter, you will not directly or indirectly compete with CloseRocket or solicit its Sales Persons or engage in any contractual business relationship of the same nature as CloseRocket’s business, mainly consisting of Sales Persons selling products for Companies, with Sales Persons of CloseRocket.
8.2. Any breach of this provision will result in contractual penalty of EUR 20,000 payable to CloseRocket within 30 calendar days of such breach. For these purposes, CloseRocket will issue an invoice to the Company. The Company is also obliged to pay for any damages caused to CloseRocket as a result of breaching this provision that are in excess of the amount of the contractual penalty.
9. USER CONDUCT AND PROTECTION
9.1. The Site maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of the Site. This section relates to the expected conduct which users should adhere to while interacting with each other on the Site.
9.2. Rude, abusive, improper language, or violent messages will not be tolerated and may result in an Account warning or the suspension/removal of your Account.
9.3. The Site is open to everyone. You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your Account.
9.4. To report a violation of our Terms and Conditions, or for inquiries regarding your Account, please contact our Customer Support team here.
9.5. User is solely responsible and liable for its use of the Site and data made available to it through the Site/Database and for obtaining any consent necessary for processing personal information/ conducting marketing activities.
9.6. User grants to CloseRocket a worldwide, non-exclusive, irrevocable, perpetual and royalty-free license to host, access, copy, use, transfer, and process the Submitted Data for the purpose of providing, developing and improving the Site and supporting the user under these Terms and Conditions and represents to CloseRocket that it has all the necessary rights, permissions, and authority to provide Submitted Data. CloseRocket shall be entitled to sublicense assign, or transfer such licenses at its discretion.
10. PERSONAL INFORMATION
10.1. To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of the Site in order to circumvent or abuse the CloseRocket’s messaging system or the Site overall is not permitted.
10.2. Any necessary exchange of personal information required to continue a service may be exchanged through the Site.
10.3. CloseRocket does not provide protection for users who interact outside of the Site.
10.4. All information and file exchanges must be made solely through the Site, i.e., Sales Persons and Companies shall not communicate directly.
10.5. Any breach of this provision will result in contractual penalty of EUR 20,000 payable to CloseRocket within 30 calendar days of such breach. For these purposes, CloseRocket will issue an invoice to the Company. The Company is also obliged to pay for any damages caused to CloseRocket as a result of breaching this provision that are in excess of the amount of the contractual penalty.
11. NON-PERMITTED USAGE
11.1. Adult Services & Pornography – CloseRocket does not allow any exchange of adult oriented or pornographic materials and services.
11.2. Inappropriate Behaviour & Language – Communication on the Site should be friendly, constructive, and professional. CloseRocket condemns bullying, harassment, and hate speech towards others.
11.3. Phishing and Spam – Users’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another user’s Account or computer environment is strictly prohibited. Please respect our users’ privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to Orders.
11.4. Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided through the Site. Sales Persons further confirm that whatever information they receive, which is not in public domain, will not be used for any purpose whatsoever other than for the delivery of the services to the Company. Any users who engage and communicate outside of the Site will not be protected by our Terms and Conditions.
11.5. Authentic CloseRocket Profile – You may not create a false identity on the Site, misrepresent your identity, create a an Account/profile on the Site for anyone other than yourself (a real person), or use or attempt to use another user’s Account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be true, accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. CloseRocket reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).
11.6. Fraud / Unlawful Use – You may not use Site/CloseRocket services for any unlawful purposes or to conduct illegal activities or in a manner that would violate any applicable laws or infringe rights of other entities.
11.7. Multiple Accounts – To prevent fraud and abuse, users are limited to one active Account. Any additional Account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Site’s community will be disabled. Mass Account creation may result in disabling of all related Accounts. Note: any violation of these Terms and Conditions is a cause for permanent suspension of all Accounts.
11.8. Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on the Site. This includes creating new multiple Accounts to harass members through our message or ordering system.
11.9. Selling Accounts – You may not buy or sell Accounts.
12. PROPRIETARY RESTRICTIONS
12.1. The Site, including its general layout, look and feel, design, information, content and other materials available thereon, including the business information (leads) provided to the Database by CloseRocket or by a Third Party is exclusively owned by CloseRocket/its licensors and protected by copyright, trademark, and other intellectual property and commercial laws. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications) individually or on behalf of any other entity: (i) copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) remove any copyright notice, identification or any other proprietary notices; (iv) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Site/gain data from the Database/the Site; (v) attempt to gain unauthorized access to, interfere with, damage or disrupt the Site or the computer systems or networks connected to the Site; (vi) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site; (vii) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Site, or engage in any manual process to do the same, (viii) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems, (ix) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site or (x) access or use the Site in any way not expressly permitted by these Terms and Conditions. Users also agree not to permit or authorize anyone else to do any of the foregoing.
12.2. The user is not entitled to sub-license or assign its right to use the Site/data provided to the user by CloseRocket and/or by Sales Persons and/or data and/or by a Third Party through its inclusion in the Database, to a third party. The user cannot (i) make such data available to third parties other than Authorized Users without a prior written consent of CloseRocket, and/or (ii) distribute/resell such data, and/or (iii) store//print/make copy of or otherwise use such data for purposes other than internal business purposes (in case of a Company)/provision of CloseRocket services within a Sales Cycle (in case of a Sales Person).
12.3. Except for the limited right to use the Site according to these Terms and Conditions, CloseRocket owns/licenses all right, title and interest in and to the Site (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Site and its content including, without limitation, the exclusive right to create derivative works.
12.4. The user or Authorized Users may not use the Site if any of them are a competitor of CloseRocket/Third Party.
13. CONFIDENTIALITY
13.1. Companies should recognize that there might be a need for Sales Persons to disclose certain confidential information to be used by Companies for the purpose of delivering the ordered services and undertake to protect such confidential information from unauthorized use and disclosure. Therefore, Companies agree to treat any information received from Sales Persons as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Companies specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered services; and (vi) not to copy or reproduce any of the information without the Sales Person’s permission.
13.2. The Company undertakes to keep any confidential information provided to it by CloseRocket (mainly the contents of the Database) strictly confidential, keep it from unauthorized access and disclosure and: (i) not to disclose the information to any third parties; (ii) not to use the information for any purpose except for internal business purposes of the Company/provision of cooperation to the Sales Persons when delivering CloseRocket services to it.
13.3. Any breach of the obligation stipulated in point 13.2 will result in contractual penalty of EUR 10,000 payable to CloseRocket within 30 calendar days of such breach. For these purposes, CloseRocket will issue an invoice to the Company. The Company is also obliged to pay for any damages caused to CloseRocket as a result of breaching this provision that in excess of the amount of the contractual penalty.
13.4. In addition, the Company agrees to indemnify CloseRocket for any and all damages and costs incurred by it in connection with the Company’s breach of confidentiality obligation stipulated in this Clause 13 of the Terms and Conditions, including the cost of meeting any third-party claims that will arise against CloseRocket in connection with such a breach.
14. DISCLAIMER OF WARRANTIES
14.1. Your use of this Site, its content and any services obtained through the Site is at your own risk. The Site, its content and any services obtained are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither CloseRocket, nor any person associated with CloseRocket makes any warranty or representation with the respect to the completeness, security, reliability, quality, accuracy or availability of the Site.
14.2. CloseRocket also cannot guarantee the continued availability of integrations of Third-Party products/services with the Site and may cease providing interoperation with Third-Party products/services without entitling users to any refund, credit, or other compensation.
14.3. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
15. LIMITATION OF LIABILITY
15.1. In no event will CloseRocket, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use the Site, any websites linked to it, any content on the Site or such other websites or any services obtained through the Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
15.2. The user acknowledges that CloseRocket carries out periodic maintenance of the Site in order to improve the services, during which the access to it may be temporarily limited or excluded. Regular maintenance of the Site is carried out by CloseRocket outside of normal working hours (8:00 a.m. – 5:00 p.m. CET). Users will be informed about the start of periodic maintenance by means of a notification displayed in the user interface of the Site.
15.3. The user acknowledges that the Site may incorporate additional services/products provided by Third Parties. CloseRocket does not guarantee the uninterrupted availability, accuracy, truthfulness, completeness, security, or timeliness of the information received by the user when using these additional services. The user acknowledges and consents to that fact that CloseRocket may integrate Third Party components with whom users will not have a direct relationship (such as Vocalls Inc s.r.o. or ZenLeads Inc. d/b/a Apollo.io) into the Site and such components may process and collect data made available by the user, or CloseRocket may forward the data made available by the user to these third parties, for the purposes related to the functioning or operation of the Site/developing, improving or enriching the Site/Third Party components.
15.4. CloseRocket shall not be liable for any damages or losses resulting from the unavailability or malfunction of these Third Party services. The user understands that the operation of such services is subject to the terms agreed between CloseRocket and the respective Third Party provider, and any obligations, limitations or exclusions of liability in those agreements shall also apply in relation to the user.
15.5. CloseRocket cannot be held liable for any security breach caused by a Third Party.
15.6. User agrees to indemnify CloseRocket for any and all damages and costs incurred by CloseRocket in connection with the user’s use of Third Party components/services/data and any breach of Third Party terms and conditions stipulated for the usage of the Site/data included in it (including any and all costs CloseRocket incurs in connection with its obligation to indemnify, defend and hold a Third Party, its affiliates, directors, officers, employees, contractors and agents, suppliers, licensors, and service providers harmless from and against any actual or threatened loss, liability, claim, demand, damages, costs or expenses, including reasonable attorneys’ fees and expenses arising out of or in connection with: (i) the use of Third Party services/Site components (including Third Party data provided into the Database); (ii) a breach of the applicable terms and conditions; (iii) a violation of any applicable law or rights held by any third party; or (iv) the Submitted Data).
15.7. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
16. COMMUNICATON
16.1. Unless stated otherwise herein, the mutual communication between you and CloseRocket will be conducted in writing in the English language and will be delivered to physical addresses and/ or e-mail addresses specified in your Account. The notice/documents will be deemed delivered:
16.1.1. in case of personal delivery, by handing over the document to the person authorized to receive documents on behalf of the receiving party being the addressee and by signature of such person on the delivery note and/or a copy of the delivery note or by refusing to accept the document by such person what shall be evidenced by the statement of this person or by at least two (2) other persons that were present at the event of refusal of delivery;
16.1.2. in case of delivery by postal or courier service, by delivering the document to the address of the receiving party specified in your Account (or to any other address being the actual address of residence or registered seat of the receiving party) and in cases of registered mail service, by handing over the document to the person authorized to receive documents on behalf of the receiving party being the addressee and by signature of such person on the delivery note, however, no later than three (3) days from the date stated on the certificate of posting, regardless whether the delivery was successful or not;
16.1.3. in case of delivery via e-mail to the e-mail addresses specified in your Account or to other e-mail addresses that are known to you and/or CloseRocket, at the moment of receiving a confirmation of delivery of the addressee, however no later than 24 hours after sending an email, regardless whether the delivery was successful or not.
16.2. If a notice/document is being delivered by more than one method of delivery, such notice/ documents shall be deemed delivered on the day on which the delivery hereunder occurs earlier.
16.3. Both you and CloseRocket are entitled to designate a new address for delivery of notices/ documents. Unless you and/or CloseRocket notify the other party of such a change in writing at least five (5) business days in advance, all notices/documents can be effectively served and delivered at the former address stated in your Account.
17. DURATION AND TERMINATION
17.1. You cannot terminate the engagement with CloseRocket within the first three months from confirming the Order, except in cases of material breach of these Terms and Conditions or of legal obligations by CloseRocket.
17.2. After the initial three-month period, either party may terminate the engagement by providing a written notice to the other party at least one calendar month before the engagement will terminate.
18. GOVERNING LAW AND DISPUTE RESOLUTION
18.1. These Terms and Conditions are governed by and construed in accordance with the laws of Slovak Republic.
18.2. Any disputes arising out of or relating these Terms and Conditions will be decided by the courts of Slovak Republic.
19. FINAL PROVISIONS
19.1. CloseRocket may make changes to its Terms and Conditions from time to time. When these changes are made, CloseRocket will make a new copy of the Terms and Conditions available on this page.
19.2. You understand and agree that if you use the Site/CloseRocket services after the date on which the Terms and Conditions have changed, CloseRocket will treat your use as acceptance of the updated Terms and Conditions.
19.3. Each and every provision of these Terms and Conditions is construed in such manner so that it may be valid, effective, binding, and enforceable in accordance with laws of the Slovak Republic in the widest extent possible. If any provision of these Terms and Conditions is or becomes null and void, invalid, ineffective, or unenforceable, this will not have any effect on the validity, effectiveness, and enforceability of other provisions of these Terms and Conditions, unless the very nature of such a provision precludes it under laws of the Slovak Republic.
