TERMS OF SERVICE AGREEMENT
ARTICLE 1. GOAL OF THE AGREEMENT
This agreement is a terms of service agreement outlining the conditions in which Trading Card Guru will provide the willing client with access to the Omen program (program assisting collectible card supply management in various ways).
ARTICLE 2. OBLIGATIONS OF THE SERVICE PROVIDER
The service provider guarantees to provide the customer with the services defined in article 1 of this agreement. The service provider commits to giving the customer all the necessary means for the fulfillment of this agreement. The service provider commits, above all, to supplying his service with diligence, as his profession describes.
ARTICLE 3. INFORMATION AND CUSTOMER ADVISEMENT
The service provider commits to informing the customer of all essential service features. He commits to making all useful information relating to the service available to the customer before agreeing to these terms of service. He will also inform himself as to the needs of the customer and the utility of the presented service for him.
ARTICLE 4. CUSTOMER REQUIREMENTS
The customer commits to giving all useful information relating to the service to the service provider. He also commits to fully collaborating with the service provider to allow for proper service provision. Lastly, he commits to paying the required fee for the service, and today it within the deadline(s) established in this agreement.
ARTICLE 5. LENGTH OF AGREEMENT
The service provider commits to supplying his service to the customer from the moment this agreement is signed until the end of the current calendar month. The agreement is subject to automatic renewal for periods of one calendar month.
ARTICLE 6. SERVICE FEE
The fee for each service are listed on “MagicCardMarket” marketplace.
ARTICLE 7. PAYMENT FOR THE SERVICE
The payment of the service is done through “MagicCardMarket” marketplace.
ARTICLE 8. LIMITS OF GUARANTEE
The service provider excludes all guarantees other than those provided by laws in effect and applicable to the provision of this service. The warranty will be void if payment is not made for services rendered or is this agreement is terminated.
ARTICLE 9. FORCE MAJEURE
No party can be held accountable for their tardiness or failure to meet contractual obligations if such tardiness or failure are due to an event outside of their control that could not reasonably have been foreseen at the moment of making this agreement and of which the effects cannot be avoided by appropriate measures.
Each party must inform the other, without delay and by registered post with confirmation of reception, of the occurrence of such a situation once the former party deems it is liable to compromise their contractual obligations.
In the case of such a force majeure situation, the fulfillment of this contract will be suspended until the case disappears, expires or ceases. However, if the force majeure situation lasts for a period of more than thirty (30) days, parties will need to convene to discuss a potential alteration of their agreement.
Deadlines described in this contract will automatically be adapted to cover the duration of the force majeure situation.
If the parties cannot find an agreement in a period of thirty (30) days following the force majeure situation, each party may terminate this contract, without any compensation by either party, by contacting the other party by registered post with confirmation of reception.
However, if upon appearance of the force majeure situation the termination of this agreement is justified by the tardiness, then the contract is terminated and parties are freed of their obligations as per articles 1351 and 1351-1 of the Civil Code.
ARTICLE 11. RESPONSIBILITY
The service provider must accomplish his service while respecting the rules of his craft.
The service provider’s responsibility is limited to material damages caused directly to the customer and unquestionably caused by the service provider while providing his service or by his negligence with respect to the customer.
In any case, the service provider cannot be held responsible for:
- Damages caused to the customer who did not fulfill his obligations;
- Damages caused to the customer as a result of product usage not recommended by the service provider;
- Damages caused by a design flaw or third party software to which we would act as a liaison;
- Damages caused by a force majeure situation.
ARTICLE 12. CONFIDENTIALITY
The service provider considers all information included in this agreement as strictly confidential and cannot be allowed to reveal any information, document, data or concept at the time of this agreement. The service provider, however, cannot be held responsible for any revelation of information if the revealed information was a matter of public record on the date it was revealed or if he was aware of them or if obtained from a third party by legal means.
ARTICLE 13. APPLICABLE LAW
This agreement is subject to French law including for conflicting international laws.
ARTICLE 14. MODIFICATIONS
This agreement replaces and voids any previous agreements, verbal or written, between parties and represents the entire agreement between them. Any other document pertaining to the goal and obligations of this agreement that is not annexed cannot impose on the parties.
No modification, termination or notice relating to this agreement will be considered valid unless given in writing and signed by both parties.
Any modification of this agreement must be endorsed and signed by both parties.
ARTICLE 15. INVALIDITY OF CLAUSES
If one of this agreement’s clauses is or becomes invalid in the eyes of applicable law, that clause is to be considered unwritten while the others remain applicable.
Parties must then replace the invalid clause by a new and valid clause of which the purpose is as close as possible to the original purpose of the parties.
ARTICLE 16. DISPUTE RESOLUTION
Parties commit to attempt to resolve disagreements regarding this agreement amicably, including its signing, interpretation, execution, termination and post-contractual obligations.
If no agreement can be reached, the litigation will be brought to the relevant court of law.
Any litigation likely to arise between parties, regarding training, execution or interpretation of this agreement will be exclusively under the authority of the Tribunal de Commerce of Toulouse and the laws applicable to the dispute(s) will be relevant French laws.
ARTICLE 17. CHOICE OF ABODE
To execute this agreement, parties choose their respective head offices as their abode.
ARTICLE 18. REFERRALS
The customer agrees to allow the service provider to cite them in a list of past recipients of their services.