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1. PLASTIKCITY AGREEMENTS
THE AGREEMENT (THE “AGREEMENT”) IS MADE BETWEEN OUR CUSTOMER (THE “COMPANY”), AND PLASTIKCITY LTD (“PLASTIKCITY LTD”)The Agreement constitutes an arrangement in written or digital format to provide Services between a representative of PlastikCity Ltd and a representative of the Company.
1.1 SELLERS & SUPPLIERSListings on PlastikCity Ltd are only available to companies (Company) with either their primary base of operation or subsidiary within the UK or Ireland. By agreeing to display the Company or its services on the PlastikCity website you are agreeing to not make contact with those parties that request a quotation by any means other than email. This contact applies to all employees and non-employees that have any form of representation with the Company. This restriction applies until such time as those parties grant permission otherwise. A breach of this rule is considered a serious breach of our terms and conditions and can result in your company being removed from the site.
1.2 CONSULTING RELATIONSHIPDuring the term of the Agreement, PlastikCity Ltd will provide services to the Company as described on PLASTIKCITY WEBSITE PAGE – JOIN US hereto (the “Services”). PlastikCity Ltd has the qualifications, the experience and the ability to properly perform the Services. PlastikCity Ltd shall use their best efforts to perform the Services such that the results are satisfactory to the Company.
1.3 FEESAs consideration for the Services to be provided by PlastikCity Ltd and other obligations, the Company shall pay to PlastikCity Ltd the amounts specified in the Agreement.
1.4 EXPENSESPlastikCity Ltd shall not be authorised to incur on behalf of the Company any expenses and will be responsible for all expenses incurred while performing the Services (except as expressly specified) unless otherwise agreed to by the Company’s Officer, which consent shall be evidenced.
1.5 TERM AND TERMINATIONPlastikCity Ltd shall provide the agreed services to the Company for a period commencing on the Agreement Commencement Date and terminating on the earlier of (a) the date PlastikCity Ltd completes the provision of the Services to the Company under the Agreement, or (b) the date PlastikCity Ltd shall have been paid the maximum amount of fees.
1.6 INDEPENDENT CONTRACTORPlastikCity Ltd’s relationship with the Company will be that of an independent contractor and not that of an employee.
1.7 METHOD OF PROVISION OF SERVICESPlastikCity Ltd shall be solely responsible for determining the method, details and means of performing the Services. PlastikCity Ltd may, at PlastikCity Ltd’s own expense, employ or engage the services of such employees, subcontractors, partners or agents, as PlastikCity Ltd deems necessary to perform the Services (collectively, the “Assistants”). The Assistants are not and shall not be employees of the Company, and PlastikCity Ltd shall be wholly responsible for the professional performance of the Services by the Assistants such that the results are satisfactory to the Company.
1.8 SUPERVISION OF PLASTIKCITY LTD’S SERVICESAll of the services to be performed by PlastikCity Ltd, including but not limited to the Services, will be as agreed between PlastikCity Ltd and the Company’s representative. When applicable PlastikCity Ltd will report to the representative concerning the Services performed under the Agreement. The nature and frequency of these reports will be left to the discretion of the representative.
1.9 CONFLICTS WITH THE AGREEMENTPlastikCity Ltd represents and warrants that neither PlastikCity Ltd nor any of the Assistants is under any pre-existing obligation in conflict or in any way inconsistent with the provisions of the Agreement. PlastikCity Ltd represents and warrants that PlastikCity Ltd’s performance of all the terms of the Agreement will not breach any agreement to keep in confidence proprietary information acquired by PlastikCity Ltd in confidence or in trust prior to commencement of the Agreement. PlastikCity Ltd warrants that PlastikCity Ltd has the right to disclose and/or use all ideas, processes, techniques and other information, if any, which PlastikCity Ltd has gained from third parties, and which PlastikCity Ltd discloses to the Company or uses in the course of performance of the Agreement, without liability to such third parties. Notwithstanding the foregoing, PlastikCity Ltd agrees that PlastikCity Ltd shall not bundle with or incorporate into any deliveries provided to the Company herewith any third-party products, ideas, processes, or other techniques, without the express, written prior approval of the Company. PlastikCity Ltd represents and warrants that it has not granted and will not grant any rights or licenses to any intellectual property or technology that would conflict with PlastikCity Ltd’s obligations under the Agreement. PlastikCity Ltd will not knowingly infringe upon any copyright, patent, trade secret or other property rights of any former client, employer or third party in the performance of the Services.
1.10.1 Amendments and WaiversAny term of the Agreement may be amended or waived only with the written consent of the Company.
1.10.2 NoticesAny notice required or permitted by the Agreement shall be in writing and shall be deemed sufficient upon delivery, when delivered personally or by overnight courier or sent by email.
1.10.3 Choice of LawThe validity, interpretation, construction and performance of the Agreement shall be governed by the laws of England, without giving effect to the principles of conflict of laws.
1.10.4 SeverabilityIf one or more provisions of the Agreement are held to be unenforceable under applicable law, the parties agree to renegotiate such provision in good faith. In the event that the parties cannot reach a mutually agreeable and enforceable replacement for such provision, then (i) such provision shall be excluded from the Agreement, (ii) the balance of the Agreement shall be interpreted as if such provision were so excluded and (iii) the balance of the Agreement shall be enforceable in accordance with its terms.
1.10.5 CounterpartsThe Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together will constitute one and the same instrument.
1.10.6 Advice of CounselEACH PARTY ACKNOWLEDGES THAT, IN EXECUTING THE AGREEMENT, SUCH PARTY HAS HAD THE OPPORTUNITY TO SEEK THE ADVICE OF INDEPENDENT LEGAL COUNSEL AND HAS READ AND UNDERSTOOD ALL OF THE TERMS AND PROVISIONS OF THE AGREEMENT. THE AGREEMENT SHALL NOT BE CONSTRUED AGAINST ANY PARTY BY REASON OF THE DRAFTING OR PREPARATION HEREOF.