This is a legal agreement between you (the Customer) and ExpressCV of (we, us or ExpressCV) for the use of the Platform and the Services (as such terms are defined below). You can contact ExpressCV via the contact form at https://expresscv.com/contact for support.
IMPORTANT NOTICE TO ALL USERS
Article 1 Definitions
- Account: the Customer’s personal environment on the Platform, which they gain access to by using the Login Details
- Content: all information, including but not limited to personal data, and documents provided or shared by the Customer in any way via the Platform, including but not limited to documents and data that are uploaded.
- Documentation: the written and/or electronic documentation relevant to the Platform and the Services and made available by ExpressCV to the Customer.
- Login Details: the username, the password and any additional security information for the Customer, which they can use to gain access to their Account(s).
- Parties: ExpressCV and Customer jointly, each individually referred to as a ‘Party’.
- Platform: the digital environment provided by ExpressCV to the Customer on the basis of software as a service, which contains the functionalities shown in the Documentation.
- Services: the services provided by ExpressCV to the Customer via the Platform.
- Subscription Agreement: the agreement between ExpressCV and the Customer with respect to paid-for access to Platform and the Services.
ExpressCV expressly excludes the applicability of additional or other (general) terms and conditions, unless ExpressCV and the Customer explicitly agree otherwise in writing. This paragraph does not serve to exclude terms and conditions which may be applied by law and which cannot be excluded.
Article 3 Grant and Scope of Licence
The Customer is permitted to:
- use the Platform and the Services for their own personal purposes only; and
- use the Documentation in support of the use permitted above, and make one (1) copy of the Documentation for such lawful use.
Article 4 Subscription Agreements
The Subscription Agreement is concluded electronically when ExpressCV accepts the Customer’s order for paid-for access to the Platform, by electronically notifying the Customer or such acceptance.
ExpressCV may, to the extent permitted by English law, verify whether the Customer is able to meet their payment obligations under the requested Subscription Agreement, as well as all those facts and factors that are important for a responsible conclusion of the Subscription Agreement. If, based on such investigation, ExpressCV has good reasons not to enter into the Subscription Agreement, it shall be entitled to refuse the Customer’s order or request stating reasons, or to attach special conditions to the execution of the Subscription Agreement.
The Customer will promptly provide all information and cooperation necessary for ExpressCV to execute the Subscription Agreement.
When the Subscription Agreement is concluded, ExpressCV will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the Customer pays electronically, ExpressCV will take appropriate security measures to that end.
Article 5 Cooling Off Period for Subscription Agreement
The Customer may cancel their order at any time prior to its acceptance by ExpressCV.
The Customer may cancel the Subscription Agreement within fourteen (14) days of execution of the Subscription Agreement. Provided the Customer has not used the Platform or the Services, the Customer will receive a full refund of fees paid. If the Customer has used the Platform or the Services during the cooling off period, ExpressCV may retain such amount as is necessary to cover the cost of the Services rendered up to the date of cancellation.
Article 6 Promotional materials and offers
Promotional materials and offers issued by ExpressCV shall contain a complete and accurate description of the offered products, digital content and/or services. The description shall be sufficiently specified to allow the Customer a proper assessment of the offer including the availability of the Services and the price of those Services.
Where ExpressCV uses images, they are a true reflection of the offered products, services and/or digital content. Apparent mistakes or manifest errors in the offer do not bind ExpressCV.
Apparent mistakes or errors in a quote or offer do not bind ExpressCV.
Article 7 The ExpressCV Subscription
Upon the conclusion of the Subscription Agreement, or later where ExpressCV and the Customer have agreed, ExpressCV shall provide the Customer with the Login Details, to be used for access to the Customer’s Account.
By sending the Login Details, ExpressCV grants the Customer a non-exclusive, personal and non-transferable right of use of the Platform, the Services and the Documentation in the UK with effect from and for the duration of the Subscription Agreement.
The Login Details and the use of the Platform and the Services are strictly personal to the Customer. The Customer must observe strict confidentiality and secrecy about the Login Details and take appropriate measures to detect, limit or prevent loss and/or abuse of the Login Details.
Loss or misuse of the Login Details and/or abuse of the Platform must be reported to ExpressCV by the Customer immediately.
ExpressCV is not liable for (the consequences of) loss of Login Details and/or the misuse of the Customer’s Login Details by any third party.
The Customer agrees that in order to facilitate the purchase by the Customer of any Services under a Subscription Agreement or otherwise form ExpressCV, whether on a one-time or subscription basis, ExpressCV’s third-party payment providers or resellers may store the Customer’s payment information.
The Customer agrees to pay the applicable fees for the Services under the Subscription Agreement (including, without limitation, periodic fees for monthly or annual subscriptions) as they become due plus all related taxes and Article 8 shall apply to all fees.
Registration for paid-for services must be completed by the Customer online by credit card. The following payment cards are accepted:
Article 8 Price / Fees
During the validity period stated in any offer made available by ExpressCV to the Customer, the prices of the services offered and/or the service offered will not be increased, except for price changes which would apply if the Customer was a new customer. ExpressCV will notify the Customer of any price increases in writing, giving thirty (30) days’ notice of the increase.
If the Customer does not agree to a price increase, they are entitled to cancel the Subscription Agreement with effect from the day on which the price increase takes effect.
The Customer is obliged to immediately notify ExpressCV of any inaccuracies in their stated payment details.
If the payment method used by the Customer, such as a credit card, reaches its expiration date and the Customer does not edit their payment method information or cancel their account or such service, the Customer authorises ExpressCV to continue billing that payment method and the Customer will remain responsible for any uncollected amounts. The Customer’s obligation to pay fees continues through to the end of the subscription period during which the Customer cancels their subscription. All applicable taxes are calculated based on the billing information provided by the Customer us at the time of purchase.
If the Customer fails to fulfil their payment obligation(s) on time, the Customer shall, after having been notified by ExpressCV of the late payment and after having been granted a period of two (2) days to still fulfil their payment obligations, and the Customer still fails to pay within this two-day period, reimburse ExpressCV for all reasonably incurred collection costs and interest at a rate of 8% per annum from the due date of the payment until the date payment is received.
Article 9 Delivery times
ExpressCV shall apply all due care when receiving the data from the Customer and when assessing the Customer’s application for the provision of the Services.
If the delivery of Services is delayed in any way, or if the delivery of the Services cannot or only partially be made, the Customer will be notified no later than thirty (30) days after their order was placed. In that case, the Customer has the right to cancel their order or terminate the Subscription Agreement.
After cancellation or termination in accordance with the previous paragraph, ExpressCV shall immediately repay the amount already paid by the Customer.
Article 10 Rights and obligations on the part of the Customer
The Customer agrees that their use of the Platform and the Services is solely for their own personal use, and must not be used for any purpose other than that intended. Use of the Platform and the Services for commercial purposes is expressly forbidden.
The Customer is responsible for their use of the Platform and the Services and the use of the same, including the Customer’s Account, by others.
The Customer must not monopolise the platform’s infrastructure and/or the functionality of the Platform unreasonably or disproportionately.
The use of the Platform and the Services by the Customer and the Content they upload and download, must not infringe the rights, good name and interests of ExpressCV and/or any third parties, including but not limited to intellectual property rights and rights relating to the protection of personal data.
The Content uploaded by the Customer must:
- be provided in a manner and in a format as indicated by ExpressCV; and
- be owned by and remain the property of the Customer.
The Customer must not upload any Content which:
- is based on untruths and/or is misleading;
- is libellous, slanderous, offensive, racist, discriminatory or hateful;
- is erotic or pornographic;
- contains hyperlinks, torrents or similar information of which the Customer is aware or ought to be aware that it refers to material that infringes third-party rights;
- contains personal data without the consent of data subjects or unnecessarily;
- contains unwanted commercial, charitable or idealistic communication;
- contains viruses, malware, Trojan horses, worms, bots or other software that damage, erase or appropriate an automated work or data or make automated work or data unusable or inaccessible or that is intended to bypass technical protection measures of the service and/or software;
- contains tools and/or applications (in-house or provided by third parties) used to investigate Content and/or the Platform in any way or used in an improper manner;
- is otherwise unlawful in any way.
- transmit any material that is defamatory, offensive or otherwise objectionable in relation to the Customer’s use of the Platform or any Service;
- use the Platform or any Service in a way that could damage, disable, overburden, impair or compromise ExpressCV’s systems or security or interfere with other users; and
- collect or harvest any information or data from any Service or ExpressCV’s systems or attempt to decipher any transmissions to or from the servers running any Service.
The Customer is responsible for ensuring that they have the correct computer, data or telecommunication facilities with which the Platform can be used (safely) for their own account.
The Customer will indemnify ExpressCV for any breach of this Article 10. This means that the Customer will be responsible for any loss or damage ExpressCV suffers as a result of that breach.
Article 11 ExpressCV
ExpressCV has the right to close the Platform and/or restrict access to it or its functionality in whole or in part, at any time, without stating reasons, for a definite or indefinite period, without being liable to pay damages to the Customer.
ExpressCV does not guarantee that the Platform will be free of defects or that it will perform without interruption.
ExpressCV does not guarantee that the Platform or the Services are or will be available at all times and/or that the Platform performs at all times without errors.
ExpressCV may set a limit on the amount of storage space and/or data traffic provided to the Customer. If an agreed limit is exceeded, ExpressCV is not obliged to facilitate sending, receiving, storing or changing any Content.
ExpressCV has the right to anonymise Content and to use it during and after termination of the Agreement for the improvement of the Platform and the Services and the development of new Services.
Article 12 Protection of personal data and confidential information
The Customer retains, as far as applicable, ownership of the personal data provided to ExpressCV.
Article 13 Intellectual property rights
The Customer is not permitted to remove or change any indication concerning the intellectual property rights of ExpressCV in the Platform, the Services and/or the Documentation.
Except as permitted by mandatory law, the Customer must not modify, reproduce or decompile the Platform or apply reverse engineering. The Customer is not permitted either to take any action with the purpose or purport to discover or obtain the source code of the Platform, or to engage third parties or to assist with such actions or for any indications concerning the confidential nature and confidentiality of works.
ExpressCV is allowed to take technical measures to protect its intellectual property rights. Technical safeguards implemented by ExpressCV must not be removed or avoided.
In the event that it has been conclusively established in court that the Platform and/or the Services infringe a third-party intellectual property right, or in the case that ExpressCV believes there is a real chance that such an infringement is imminent, and subject to the following paragraph, ExpressCV will make sure that the Customer can continue to use the Platform and/or the Services (or an equivalent as for functionality) without disturbance.
Article 14 Obligations with regard to complaints
ExpressCV warrants that the Platform and the Services will, when properly used, will perform substantially in accordance with the functions described in the Documentation. If the Platform or the Services delivered fail to comply with such descriptions, the Customer must notify ExpressCV within a reasonable period of time after they have or reasonably should have discovered such failure. The notification is in any case deemed to be made on time if the Customer notifies ExpressCV in writing within two (2) months after the discovery.
Complaints submitted to ExpressCV will be answered within a period of fourteen (14) days from the date of receipt. If a complaint requires a longer processing time than anticipated, ExpressCV will reply within the period of fourteen (14) days with a notice of receipt and an indication of when the Customer can expect a more detailed answer.
The warranty set out in the first paragraph of this Article 14 is in addition to the Customer’s legal rights as a consumer in relation to software that is faulty or not as described. Advice about the Customer’s legal rights is available from the Customer’s local Citizens’ Advice Bureau or Trading Standards office.
Article 15 Liability
The Customer acknowledges that the Platform and the Services have not been developed to meet the Customer’s individual requirements, and that it is therefore the Customer’s responsibility to ensure that the facilities and functions of the Platform and the Services as described in the Documentation meet the Customer’s requirements.
ExpressCV only supplies the Platform, the Services and the Documentation for domestic and private use by consumers. The Customer agrees not to use the Platform, the Services and/or the Documentation for any commercial, business or re-sale purposes, and ExpressCV has no liability to the Customer for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- death or personal injury resulting from negligence;
- fraud or fraudulent misrepresentation; or
- any other liability that cannot be excluded or limited by English law.
Article 16 Force Majeure
Force majeure means any event beyond the reasonable control of ExpressCV, including without limitation failure of public or private telecommunications networks.
ExpressCV will contact the Customer to confirm that a force majeure situation has arisen; ExpressCV has the right to suspend the performance of its obligations, and the time for performance will be extended for the duration of the force majeure situation; ExpressCV will use its reasonable endeavours to find a solution by which its obligations may be performed despite the force majeure situation.
Where a Subscription Agreement is in place, if the force majeure situation lasts for more than ninety (90) days, either party may terminate the Subscription Agreement without being liable to pay damages to the other. The Customer will receive a refund for any Services paid for but not received.
Article 17 Transfer of rights and obligations
Article 18 Free Use: Termination
Article 19 Subscription Agreement: Duration, extension and termination
Where the Customer has entered into a Subscription Agreement with ExpressCV, that agreement is entered into for an initial duration of one (1) calendar month, following which it is automatically renewed for successive periods of one (1) calendar month.
ExpressCV and the Customer both are entitled to terminate the Subscription Agreement at any time by giving one-month notice in writing to the other. For the avoidance of doubt, fees will remain payable by the Customer through to the end of the notice period.
Both parties are entitled to terminate the Subscription Agreement without written notice of default or intervention of the court and without being obliged to pay any damages or compensation with immediate effect in writing in whole or in part in case:
- the other Party applies for a bankruptcy or any other status of insolvency including administration, receivership, liquidation or winding up;
- a Party applies for its bankruptcy or any other status of insolvency including administration, receivership, liquidation, or winding up, that bankruptcy or status is applied for or pronounced;
- (part of) the assets of the other Party has/have been or is/are being seized;
- in the event that the other Party is deemed to no longer being able to meet its obligations.
If the Customer has already received any performance in connection with the performance of the Agreement at the time of termination, such performance and the associated payment obligations shall not be subject to reversal, unless ExpressCV is in default with respect to said performance. Any amounts that ExpressCV has invoiced before the termination in connection with any performance already delivered under the terms of the Subscription Agreement, remain due and become immediately due and payable at the time of termination.
Article 20 Consequences of Termination
Upon termination for any reason:
- the Customer must, where applicable, pay to ExpressCV all sums which are due under the Subscription Agreement.
Article 21 Miscellaneous
If ExpressCV has to contact the Customer or give the Customer notice in writing, ExpressCV will do so by e-mail to the address provided by the Customer.
Article 22 Applicable law