1. Parties and creation of the agreement
These terms of agreement will be applied to the 118 finder service (hereinafter Service) provided by 118 finder The Gambia (hereinafter Company or 118 finder or service provider), and especially to a contract between the Company and a company/association registered as a customer (hereinafter Customer).
An agreement is created when the customer’s ordering information and information regarding a contact person appointed by the customer are registered in the system. The customer can register with the system by calling customer services, in writing or using a registration form. An order contract is formed verbally when taking place via the Company’s telemarketing.
An order confirmation and invoice is sent to the customer for each created order. The customer needs to check the accuracy of information from the 118 finder service, and to point out any possible errors as soon as they are observed, however, within a maximum of 7 days from order confirmation.
2. Delivery of the service
The company will open the service for use by the customer and deliver the necessary username and password required for service maintenance to the customer. An authorized contact person appointed by the customer can maintain and change the company information visible on the 118finder.gm site and contact person details using the username and password.
3. Contract limitation and removal
The service provider has the right to remove from the site or system any information and pictures registered by the customer which are in violation of copyright or marketing legislation or other legislation, or are not in accordance with good practice. The service provider has the right to delete the customer’s information if the customer has not paid his or her invoices despite payment reminders.
4. Liabilities of the parties
The Company has the right to provide the Service in the way it best sees fit. The Company has the right, but not the obligation, to make changes, to add, inspect and remove material in the Service regardless of whether they are supplied by the Service Provider independently or by a third party service. The service provider is not responsible for the content of pages or for services to which there is a linked connection from the Service, and which are created or published by someone other than the Service Provider.
The Company is not responsible for the content of information in the Service, the accuracy or reliability of this information, nor for errors or any consequences arising from these errors. The Company does not guarantee that the Service will be constantly available for use by the Customer. The Company is not responsible for any direct or indirect damage caused to other parties arising from use of the service.
The Company’s liability to indemnify is limited in all cases to the paid order fee, which means the price of publication of information that was agreed during a telephone conversation or in a written order.
The basis for the Customer’s fee is that the service provider publishes the information in the 118 finder service.
The Customer is responsible for all costs arising from and relating to the use of the Service, such as for data communications charges. The Customer is responsible for acquisition and functionality of the necessary devices, connections and software – which is unrelated to the Service- needed to use the Service and for making sure that they do not harm or disrupt the Service or telecommunications network traffic.
The Company has the right to block or cut off the customer’s access to the Service if there has been a fundamental breach of these terms of agreement, or if the customer has otherwise misused the Service so as to cause damage to the Company, other users or to third parties.
6. Immaterial rights
The Company has complete ownership rights to the services it provides and to their sectors. It is prohibited to copy parts of the Service.
The Company may use its customers’ contact details for own marketing purposes, and may handover customer contact details to its cooperative partners unless the customer has separately forbidden the company from doing so in writing.
7. Contract validity period
A fixed-term order automatically ends as the invoicing period ends after 12 months, unless the customer has terminated the order at least 4 weeks before the invoicing period is due to end.
The Customer may request the premature termination of the contract, in which case the company will remove the customer’s public information from its system as soon as possible. The Customer may not however request that the subscription free be returned in part or in its entirety. The Company has the right to review the agreed prices regarding services in coming years.
The Customer should always terminate the contract in writing (by e-mail or letter), and the Customer may not use an attorney when terminating the contract, nor give the assignment of termination to a third party, except in special cases where the Company has given written permission to do so. Illicit notifications of termination given on the Customer’s behalf by a third party are null and void and do not affect the validity period of the contractual relationship.
The Company has the right to change the terms of agreement. The valid contract text can be found on the www.118finder.gm site.
In The Gambia legislation is applied to this Agreement, and disputes related to the Agreement will be settled at the The Gambia court. The Service provider is entitled to use digital recordings.