Data Freelance Hub Terms of Use
Welcome to Data Freelance Hub. We look forward to assisting you with your Career Development. Prior to using our Services please read these Terms of Use (the “Agreement”) carefully.
Ashley Copp Consulting Limited, d/b/a Data Freelance Hub (“DFH,” “we,” “our,” or “us”) is a Potters Bar, England based Company that owns and operates a website and provides services. This Agreement does not cover or address the services provided or actions taken by our Partners.
This Agreement shall constitute a contract between you (“you,” “user,” “your”) and DFH, and governs your access and use of the Services and Website. By clicking a button or checking a box marked “I agree” (or something similar), you agree to, and agree to be bound by, this Agreement. Should you disagree with this Agreement, do not use and/or access the Platform, Services, or Website.
1. DEFINITIONS.
For the purpose of this Agreement, the following terms shall have the definitions provided herein.
Data Professional- Any individual who works in the field of data and analytics or aspires to work in this field. This includes both permanent and temporary employees, working as an employee or on a contractual basis.
Data Freelancer- Any individual who works on data-related projects through their own legal entity for clients on a contractual basis, and who is not a permanent employee of that client.
Partner- Shall include any third party using DFH’s services, platform, or other products.
Services
- Role Scout: a no-win, no-fee service, helping Data Freelancers to find and win roles
- Find a Freelancer: helping recruiters and end clients to find data freelancers for their projects
- DFH Community: an online community for data freelancers and data professionals to connect with one another, and get the support they need for various different aspects of their roles.
2. CONTRACTUAL RELATIONSHIP; TERMINATION; AND MODIFICATION.
In addition to these Terms of Use, your access to, and use of the Services is also governed by the our Privacy Policy and any other Agreements entered into between you and DFH, including but not limited to the DFH Role Scout Agreement.
By accessing or using the Services, you confirm your agreement to be bound by these Terms of Use. If you do not agree to these Terms, do not access or use the Services.
Termination
DFH may in it’s sole discretion terminate these Terms of Use or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
The provisions of the preamble of this Agreement; this Section 2; Sections will survive termination of this Agreement. Any outstanding payment obligations of DFH to you, or of you to DFH, will survive termination of this Agreement.
Modification
DFH reserves the right to modify these Terms or its policies relating to the Services at any time, effective upon posting of an updated version of these Terms of Use through the Services or DFH’s website. You should regularly review these Terms of Use, as your continued use of the Services after any such changes constitutes your agreement to such changes.
3. ABOUT DFH.
DFH is a community built for Data Professionals to assist with their career development by providing resources such as the Role Scout Service, Job Board, Member Community and tools and resources.
DFH’s Services are available to all Data Professionals regardless of their location around the world. The purpose of DFH is to create an all-in-one resource for Data Professionals that provides the ability to expand their professional network, provide access to Data-related job openings, get support with different facets of being a Data Freelancer, such as information relating to accounting, company formation, insurance, branding, sales and networking. DFH also provides services and Services related to finding data freelance roles through its roundup job board, and Role Scout services. DFH also provides support to recruiters and end-clients in their search for talented data professionals to staff on their projects.
4. USING DFH.
Accessing the Services. In order to use DFH’s Services, you must register for and maintain an active personal user Services account (“account.”) You cannot register for or maintain an Account if you have previously been banned from using the Services or been previously removed from the Site for violation of any Agreement with DFH, including these Terms of Use. Account registration may require you to submit to DFH certain personal information, such as your name, address, mobile phone number, age, employment status and history, and resume (CV). For more information regarding DFH’s use of your personal information, please see our Privacy Policy. You agree to maintain accurate, complete, and up-to-date information in your Account, including a valid phone number, address, and employment status. Unless otherwise permitted by DFH in writing, you may only possess one Account, and you may not assign or otherwise transfer your Account to any other person or entity. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account credentials at all times.
All users must be eighteen (18) years older. By signing up for the Services, you warrant you are over the age of eighteen (18).
Network Access and Devices
You are responsible for acquiring and updating the necessary network, hardware, and/or devices necessary to access and use the Services and any updates thereto. DFH does not guarantee the Services will function on any particular hardware or devices. Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications. DFH is not responsible for any delays, damage, loss, or injury resulting from such problems.
5. USER REQUIREMENTS AND CONDUCT; COMMUNICATIONS; AND USER CONTENT.
User Conduct
You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. When using the Services, you will not cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party.
When using certain aspects of the Services, you may interact with other Data Professionals utilising the Services. You agree to behave in a professional manner and refrain from making offensive, rude, threatening, or otherwise inappropriate comments. DFH may, but is not under an obligation to, review, monitor, or remove User’s interactions on DFH’s Services, and at DFH’s sole discretion and at any time and for any reason, may remove your access to Services due to your conduct interacting with other Data Professionals utilising the Services.
For the purpose of assisting us with creating an enjoyable user experience and helping us with our compliance, you Agree to notify us within 24 hours and provide us with all reasonable information relating to any incident that occurs during your use of the Services. You Agree to cooperate with any investigation into the Incident and any attempt to reach a resolution.
Communications with DFH
By creating an account, you Agree to accept and receive communications from DFH or third parties providing services to DFH including via email, text message, WhatsApp, calls, and in-website communication.
If you do not wish to receive promotional emails, text messages, or other communication from DFH, you may change your notification preferences by emailing contact@datafreelancehub.com
User Provided Content
DFH may, in DFH’s sole discretion, permit you to submit, upload, publish or otherwise make available to DFH through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries to competitions and promotions (“User Content”). All User Content provided by you shall remain your property, but you grant DFH a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit any manner such User Content in all formats and distribution channels now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you are sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases necessary to grant DFH the license to the User Content; and (ii) neither User Content nor your submission, uploading, publishing, or otherwise making available of the User Content nor DFH’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The User Content provided by you shall not be defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive. DFH may, but is not under an obligation to, review, monitor, or remove User Content, at DFH’s sole discretion and at any time and for any reason, without notice to you.
Use of User Content For Promotional Purposes
You agree that DFH may use any reasonable portion of your User Content (including images) or Story, at any time, throughout the world, and with no compensation paid to any party, for the purpose of social media use, advertisement, or sales promotion of the DFH Service.
You agree that DFH may use general information regarding your job search, and results, after retaining DFH with non-public discussions with third parties (for example, to demonstrate a successful use of DFH to obtain employment). DFH does not need to obtain written consent from you before using any User Content or Story. DFH guarantees they will not use personally identifying information when using your User Content or Story without obtaining prior written consent from Contractor.
For the purpose of this Agreement, User Content and Story shall include, but is not limited to, Your:
- Job Position/Title
- Story of their job search, including a before and after using DFH
- Materials DFH created or modified for you (with personally identifying informatin redacted)
- Any social media content you posted regarding their job search and/or DFH’s role in their job search.
- Images or videos taken while DFH is working with you. I.e. videos, recordings, or photos taken of working sessions between a representative of DFH and You.
- How You used any DFH Services.
- Any content posted by You in the DFH Community board or in any other Services
Ownership; License; and Restrictions
The Services and all rights, title, and interest, including all related intellectual property therein, shall remain DFH’s property or the property of DFH’s licensors. These terms are not a sale and do not convey or grant to you any rights in or related to the Services, or any intellectual property rights owned by DFH, except for the limited license granted herein.
DFH grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use DFH in connection with your use of the Services; and (ii) access and use our Services for your personal and noncommercial use. Any rights not expressly granted herein are reserved by DFH and DFH’s licensors. You agree that you will not use DFH’s copyrights, trademarks, service marks, or trade dress, aside from use incidental to your use of the Services, without express written permission from DFH. This prohibition includes use in domain names, websites, and social media accounts. User may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services: (ii) reproduce, modify, prepare derivative works from, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, or otherwise exploit the Services except as expressly permitted by DFH, (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of, or which result in, unduly burdening or hindering the operation and/or functionality of any aspect of the Services; (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
6. PAYMENT.
There are certain aspects of DFH’s Services that may require payment, including, but not limited to, the Role Scout Service. Should you decide to utilise DFH’s Role Scout Service, the terms of Payment shall be included in the Role Scout Agreement, signed by the parties separate from this Agreement.
7. DISCLAIMER
THE Services AND ALL CONTENT AND INFORMATION CONTAINED IN THE Services ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, UNLESS OTHERWISE SPECIFIED IN WRITING. DFH, AS PERMISSIBLE BY LAW, DISCLAIMS ALL STATUTORY OR OTHERWISE, EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DFH DOES NOT REPRESENT OR WARRANT THAT THE Services AND THE CONTENT ON THE PLATFORM WILL BE SECURE AND/OR FREE FROM INTERRUPTIONS OR ERRORS, THAT ERRORS WILL BE REMEDIED, AND/OR THAT THE Services, AND/OR THE CONTENT IN THE Services ARE SAFE AND SECURE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. DFH MAKES NO WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE Services OR ITS CONTENT. DFH DOES NOT WARRANT, REPRESENT OR MAKE ANY GUARANTEES RELATING TO YOUR USE OR THE RESULTS OF YOUR USE OF THE Services, PARTICULARLY IN REGARD TO YOUR GAINING PAID WORK FROM UTILIZING THE Services. DEPENDING ON YOUR LOCATION AND JURISDICTION, APPLICABLE LAW MAY NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES.
DFH NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND DFH’S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF TECHNOLOGY. AS A RESULT OF THESE PROBLEMS, DFH IS NOT RESPONSIBLE FOR ANY TECHNICAL OR OTHER ISSUES ACCESSING THE Services.
DFH RELIES UPON ITS PARTNERS AND THIRD PARTIES TO PROVIDE ACCURATE JOB AND WORK OPPORTUNITY INFORMATION, INCLUDING BUT NOT RELATED TO PAY, JOB DURATION, ROLE DUTIES, JOB EXPERIENCE REQUIREMENTS, AND A START AND END DATE. DFH DOES NOT REPRESENT OR WARRANT THAT THE JOB AND WORK OPPORTUNITY INFORMATION ACCESSIBLE THROUGH THE Services AND PROVIDED BY OUR PARTNERS IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. ANY RELIANCE ON SUCH INFORMATION IS SOLELY AT YOUR OWN RISK.
8. INDEMNIFICATION.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS DFH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES FROM AND AGAINST ANY LOSSES, LIABILITIES, CLAIMS, ACTIONS, COSTS, DAMAGES, PENALTIES, FINES, AND EXPENSES, INCLUDING WITHOUT LIMITATION ATTORNEYS’ AND EXPERTS’ FEES AND EXPENSES, THAT MAY BE INCURRED BY AN INDEMNIFIED PARTY ARISING OUT OF OR IN CONNECTION WITH: (I) DFH’S USE OF YOUR CONTENT; (II) YOUR USE OF DFH’S CONTENT; (III) YOUR UNAUTHORIZED USE OF THE Services (IV) YOUR BREACH OF THIS AGREEMENT; (V) YOUR ACTUAL OR ALLEGED VIOLATION OF ANY LAW, RULE, OR REGULATION; (VI) ANY THIRD PARTY’S ACCESS OR USE OF THE Services USING YOUR LOGIN CREDENTIALS OR COMPUTER OR OTHER EQUIPMENT TO ACCESS OUR Services; (VII) YOUR PURCHASE OF ANY GOODS, SERVICES, OR OTHER ITEMS THROUGH A THIRD-PARTY YOU CONNECTED WITH VIA OUR Services; (VIII) ANY DISPUTE OR ISSUE BETWEEN YOU AND ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY OTHER USER OF THE Services OR PARTNER; AND (IX) ANY DISPUTE OR ISSUE ARISING OUT OF ANY OF CONTRACTORS LIES AND/OR OMMISSIONS ABOUT WORK EXPERIENCE, QUALIFICATIONS, OR ANY OTHER MATERIAL FACT MEANT TO MISLEAD A POTENTIAL CLIENT.
9. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL DFH OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE TO YOU FOR ANY DAMAGES (INCLUDING, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES) OR ANY LOSS OR DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO LOSS OF DATA, MONEY, REPUTATION, USE, OR OTHER ECONOMIC ADVANTAGE), EVEN IF DFH HAS BEEN PREVIOUSLY ADVISED OF SUCH POTENTIAL DAMAGES, ARISING OUT OF A WARRANTY, CONTRACT, NEGLIGENCE, OR ANY OTHER ACTION OF ANY TYPE THAT ARISES OUT OF OR IN CONNECTION WITH YOUR USE OF THE Services PROVIDED BY DFH OR DFH’S PARTNERS.
DFH NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORSSHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR MOBILE DEVICE, COMPUTER, EQUIPMENT OR OTHER PROPERTY DUE TO YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY CONTENT FROM THE PLATFORM. DFH SHALL HAVE NO RESPONSIBILITY OR LIABILITY IN ANY MANNER RESULTING FROM OR IN CONNECTION WITH ANY CONTENT, PRODUCTS, OR SERVICES, AVAILABLE ON OR THROUGH THE PLATFORM, INCLUDING ANY LINKS ON THIS PLATFORM TO A THIRD-PARTY OR WEBSITE PAGES OR ADDITIONAL WEBSITES, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN, OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
YOU AND DFH AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE FAIR AND REASONABLE, MATERIAL, AND ARE BARGAINED-FOR CONSIDERATION TAKEN INTO ACCOUNT BY EACH PARTY UNDER THIS AGREEMENT AND IN THEIR DECISION TO ENTER INTO THIS AGREEMENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGE ARISING OUT OF YOUR USE OF THE SITE IS TO DISCONTINUE, AT ANY TIME, USING THE PLATFORM AND SERVICES, EXCEPT AS OTHERWISE PROVIDED BY THIS SECTION.
DFH IS NOT LIABLE FOR ANY CLAIMS ARISING OUT OF THE PURCHASE OF GOODS, SERVICES, OR INFORMATION FROM A THIRD PARTY VIA OUR Services.
SHOULD, FOR UNANTICIPATED REASONS, DFH BE FOUND TO BE LIABLE, DFH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER ACTION OF ANY TYPE, SHALL NOT EXCEED THE AMOUNT PAID TO DFH FOR ACCESS TO THE Services THAT ARE THE SUBJECT OF THE DISPUTE. SHOULD YOU RESIDE IN A JURISDICTION THAT DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY, YOUR RECOVERABLE DAMAGES ARE LIMITED TO THE GREATEST EXTENT PROVIDED BY LAW.
10. PRIVACY POLICY.
The terms and conditions of the Privacy Policy are incorporated into this Agreement. You can find them here.
11. COOKIE POLICY.
The terms and conditions of the Cookie Policy are incorporated into this Agreement. You can find them here.
12. TERMINATION AND VIOLATIONS OF THE AGREEMENT.
Failure to comply with any term of this Agreement will result in the automatic termination of your rights under this Agreement, without notice. DFH reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue, at any time and with or without notice, the Services being offered by DFH, including but not limited to the Offering’s features, appearance, and functional elements and related Services. DFH shall have no liability related to any Offering changes or any suspension or termination of your access to the Services or your use of the Services. You may terminate this Agreement at any time by deleting your user account or by ceasing your use of the Offering.
Upon termination of this Agreement for any reason or no reason: (1) your access rights will terminate, and you must cease all use of the Services immediately; and (2) any provision of this Agreement that contemplates or governs performance or observance subsequent to termination of this Agreement will survive the termination of this Agreement, including without limitation the following sections: (i) Your Content and Conduct; (ii) Disclaimer; (ii) Limitation of Liability; (iv) Termination and Violations of this Agreement; (v) Dispute Resolution; (v) Indemnification and (v) Waiver and Severability.
DFH reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including, without limitation, the right to block a particular user, devise, and/or IP address from accessing the Platform, Website, and/or Services.
13. ASSIGNMENT OF THE AGREEMENT.
You may not assign or transfer this Agreement or your rights under this Agreement, in whole or in part, by operation of law or otherwise, without DFH’s written consent. DFH has the right to assign this Agreement, in whole or in part, at any time to any entity without your notice or consent. Any attempted assignment by you to another party is a violation of this Agreement and shall be null and void. This Agreement binds and inures to the benefit of each party and the party’s successors and permitted assigns.
14. CHANGES TO THE AGREEMENT.
DFH reserves the right to modify this Agreement at any time and without prior notice to you. A modification of this agreement is effective as soon as DFH posts it and the most current version of this Agreement will be posted under the “Terms of Use” link available on our website homepage (“Updated Terms”). We may elect to provide additional notice to you of the Updated Terms, by email or providing notice via the Platform. You agree that you will periodically review this agreement and check the “Effective” date in this Agreement to stay aware of any changes. By continuing to access and/or use the Platform and/or Services after the Updated Terms are posted, you agree to be bound by the Updated Terms, and if you do not agree to the Updated Terms, you will stop accessing and/or using the Platform and/or Services. Except as otherwise provided in the “Dispute Resolution” section, the Updated Terms will govern disputes between you and DFH, even if the dispute arises or involves facts dated before the “Effective” date of the Updated Terms.
15. GOVERNING LAW.
Except for the Dispute Resolution Section below, this Agreement, including all terms and conditions and policies contained herein, shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its choice or conflict of laws principles.
Regardless of any statute or law to the contrary (and to the fullest extent permitted by law), you must provide notice to DFH, pursuant to the procedures in the “Dispute Resolution” section below, of any claim within one year of its accrual, or your claim will be waived and barred.
16. VENUE.
You and DFH agree that the Court of the United Kingdom shall have exclusive jurisdiction to hear and decide any dispute, claim, or controversy permitted to proceed in court (except for small claims court).
The foregoing Governing Law and Venue provisions do not apply to the “Dispute Resolution’ section.
17. DISPUTE RESOLUTION.
THIS “DISPUTE RESOLUTION” SECTION LIMITS THE WAYS YOU CAN SEEK RELIEF FROM DFH AND REQUIRES YOU TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS. ARBITRATION HAS NO JUDGE AND IS MORE RESTRICTIVE OF DISCOVERY AND APPELLATE REVIEW THAN COURTS. PLEASE READ THIS “DISPUTE RESOLUTION” SECTION CAREFULLY.
1. Informal Dispute Resolution Procedure
A Dispute may arise between you and DFH. In these instances, DFH is committed to working with you to reach such a reasonable resolution. This is possible only if we know and understand each Party’s concerns. Therefore, for any Dispute arising between you and DFH, both parties agree that they will make a good-faith effort to resolve it informally before initiating any formal dispute proceeding in arbitration or otherwise. Parties must first send a written description of the Dispute to the other party. A written description may only be submitted on behalf of one individual. To initiate a dispute, you agree to send the written description of the Dispute along to the following email address: contact@datafreelancehub.com. Your written description must provide the following details: your name, detailed description of the nature and basis of the dispute, including any transaction details; and the specific relief sought and the calculation of the relief. The written description must be personally signed by you, in ink or electronically. When DFH raises a Dispute, we will send our written description of the Dispute to the email address you provided to us when utilising our Platform, Services or accessing our website.
You and DFH agree to negotiate in good faith when attempting to resolve the Dispute. Negotiating can include and informal telephone dispute resolution conference between you and DFH if DFH requests such a conference. Should a telephone dispute resolution conference occur, it shall be individualised such that an additional conference must be held at the time either party intends to commence arbitration; when multiple individual initiate claims, they may not participate in the same telephone dispute resolution conference. Should either party be represented by counsel, the party’s counsel may participate in the telephone dispute resolution conference, but the party must also appear at and participate in the conference. If the telephone dispute resolution conference does not resolve the dispute and the dispute is not resolved within sixty (60) days of receipt of the written description of the Dispute, the parties agree to further dispute resolution, as described below.
Prior to commencing a formal dispute resolution proceeding, the Parties must participate in this informal dispute resolution process. As such, this informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. Any relevant limitations periods and filing fee or other deadlines shall be tolled while the parties engage in this informal dispute resolution process. Failure to comply with this Informal Dispute Resolution Procedure shall give a court the authority to enjoin the filing or prosecution of arbitrations. A party may raise non-compliance with this Informal Dispute Resolution Procedure in court and/or in connection with the arbitration.
2. Arbitration Agreement.
If the Parties do not reach such solution within a period of 30 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration with the London Court of International Arbitration. The arbitration shall be administered in accordance with the London Court of International Arbitration rules found here, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be in the London, England and all proceedings shall be on the papers, or held by telephone and/or video conference as determined by the arbitrator. The arbitrator will be empowered to award damages in accordance with the limitations of liability set forth in this Agreement. The arbitrator shall have no authority to award punitive or other damages not measured by the prevailing party’s actual damages. The arbitrator shall award to the prevailing party, if any, as determined by the arbitrator, all of its costs and fees. “Costs and fees” mean all reasonable pre-award expenses of the arbitration, including the arbitrator’s fees, administrative fees, and out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys’ fees.
18. NOTICE.
To provide written notice as required by this Agreement, You may submit an email to contact@datafreelancehub.com.
19. ENTIRE AGREEMENT
This Agreement taken together with the DFH Privacy Policy, DFH Cookie Policy, and any other legal Agreement entered into and signed by the Parties constitutes the entire understanding and agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous agreements, representations, or understandings, whether oral or written.
20. SEVERABILITY
Except as otherwise provided in this Agreement, if any portion of this Agreement is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, modified or replaced by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of this Agreement shall continue to be enforceable and valid according to the terms contained herein.