This Agreement (“Agreement”) governs your relationship with Objective Trading Pte Ltd (Hereafter Experienced). In this Agreement, we will refer to you, the member Service Professional, and all of your employees, representatives, affiliates, agents and subcontractors as “you” or “Service Professional” or “SP” and to Experienced and its employees and agents as “we” or “us” or “Experienced.” References herein to the Experienced web site include any and all web sites now, or hereafter, owned or operated by Experienced.
What We Agree
Experienced receives requests from its customers (“customers”) for certain services. In turn, Experienced may send you a communication about such customer’s expressed service request need (a “Lead”). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during Registration (which you may amend from time to time).
At minimum all Service Professionals are required to submit documentation proving their identification and attesting to their ability and compliance with industry norms before receiving any leads.
While we guarantee a specific number of leads for a fixed compensation amount, we do not guarantee to provide you any specific number of Leads within a set time frame. Nor do we make guarantees, representations or warranties regarding a customer’s level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer.
We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them.
Experienced is free to contract with other Service Professionals and sell the same lead more than once, as this is not an exclusive contract.
We provide customers with the ability to rate their experience interacting or working with you. In some cases we will publish positive reviews on our website.
All Lead Fees constitute advertising fees paid by you to Experienced and are in no way, referral commissions based upon your successful completion of services.
What You Agree
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a Experienced customer, and thereafter while this Agreement remains in effect, as follows:
You are qualified and capable of performing the services, trade, or tasks you request to be promoted.
You are, and at all times will be, properly and fully licensed, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
You will comply with the Experienced membership requirements as specified. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by Experienced to comply with any changes.
You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any bankruptcies, civil legal judgments within the last 3 years, and felony criminal convictions. If at any time during your membership with Experienced you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify Experienced.
You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations.
You authorize Experienced to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing.
You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing.
Experienced reserves the right, in its sole discretion, to review, reject and remove any content that is related to your company at any time.
You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you provide, and you represent that your provision for display of any such content, and the use by Experienced of such content as contemplated by this Agreement, shall not violate any third party’s intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use.
By posting or providing any content on a website owned or operated by Experienced, including but not limited to photographs (“Content”), you represent and warrant to Experienced that you own or have all necessary rights to use the Content, and grant to Experienced the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide.
In addition, if you provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant Experienced and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the Experienced website, and on any other websites owned or operated by Experienced.
Nothing in this Agreement shall restrict other legal rights Experienced may have to the Content, for example under other licenses. Experienced reserves the right to remove or modify Content for any reason, including Content that Experienced believes violates this Agreement or our policies.
You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
In the event your Experienced account is terminated, Experienced and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
You acknowledge and agree that all of the content and information provided by the Service Professional including but not limited to Service Professional profiles, screening information, and Customer Testimonials for all Experienced Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of Experienced. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Testimonials (including those relating to you and your business), or any other content posted on the Experienced Website, other than content provided directly by you.
You represent and warrant that all of the information you provide to Experienced, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to Experienced for any such damages, and will indemnify Experienced in the event of any third party claims against Experienced based on or arising from your violation of the foregoing.
You acknowledge and agree that Experienced has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Testimonials on our Website. Experienced is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
Standard of Conduct
You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with Experienced, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable laws and regulations that apply to your activities.
You acknowledge and agree that to knowingly share, distribute, transfer, or sell a Experienced service request, or lead (or the information contained therin) other than as expressly set forth in this agreement, is a very serious breach of contract and fraudulent matter that could result in invasion of privacy rights of others, significant costs and damages to others and to Experienced and other service professional partners. Responding to such a violation would also result in the loss of time, effort on the part of Experienced. There also may be regulatory fines and penalties imposed for contacting consumers and businesses in a manner not in accordance with applicable laws and regulations including but not limited to do-not-call regulations and anti-spam regulations. Accordingly, if you knowingly share, distribute, transfer, or sell a service request, or lead (or the information contained therein) other than as expressly set forth in this agreement, you agree to fully indemnify and be liable to Experienced for all the damages, whether direct or indirect, punitive and consequential, and any regulatory or judicial fines or penalties that may arise from such activities.
You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by Experienced to any other party, including any other Experienced Service Professionals.
By becoming a customer of Experienced or filling out a contact form you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any applicable “Do Not Call” list, and even if you have previously opted-out from receiving marketing emails from Experienced, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails.
Fees & Lead Credits
You agree to be bound by the applicable pricing plan provisions (all fees are stated in Singapore Dollars and payable in Singapore dollars) for any and all Leads presented to you.
You agree that payment for Lead Fees will be made to Experienced via Paypal transfer or processing your credit card. Payment will be made in advance.
We may, in our sole discretion, issue you a credit (“Credit”), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional’s account will be issued as Lead credits, which will be applied toward future charges to your account. Credits will expire, if not used, six months after the date the Credit was issued.
Lead costs will change from time to time. The new pricing will be updated on our Fee Schedule, available to all clients at any time. Clients will be sent a notice of fee increase via email at least 2 weeks in advance of any changes in lead costs taking effect.
For purchases of a subscription membership, you shall pay such fees upon subject to the amount agreed upon at the inception of your Membership.
After your initial subscription credit, your subscription will automatically continue for an additional equivalent credit amount every month, at the renewal price communicated to you at the time of your purchase.
You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting Experienced.
If you cancel your subscription, you may use your subscription until the end of your remaining available credit is exhausted.
You also authorize Experienced to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if Experienced does not receive payment from your payment method or payment method provider, you agree to pay all amounts due on your account upon demand, and/or you agree that Experienced may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your Experienced application, and all contact and billing information, are kept up-to-date and accurate. Experienced is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify Experienced if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
You acknowledge that you will not receive a detailed account statement at any time. Your account balance is available by contacting Experienced.
Any disputes about charges to your account must be submitted to Experienced in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
Experienced is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as credits under any circumstances.
Indemnification; Limitation of Liability; Disclaimer of Warranties.
You shall fully protect, indemnify and defend Experienced and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns (“Indemnified Parties”) and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any laws or regulations, property damage, attorneys’ fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work regardless of cause or of any fault or negligence of Experienced or the indemnified parties and without regard to cause or to any concurrent or contributing fault, strict liability or negligence, whether sole, joint or concurrent, active or passive by Experienced or the indemnified parties.
In no event are we liable to you for any consequential, indirect, incidental, punitive or special damages, lost revenue, lost profits or loss of goodwill. In no event will the total aggregate liability of Experienced to you exceed the amount of fees actually paid by you to Experienced during the preceding 1 month, regardless of the basis or form of claim.
You acknowledge and agree that Experienced services are provided to you on an “as is” basis, and Experienced disclaims any and all express or implied warranties, including but not limited to any warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.
This Agreement, and the Experienced Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the Experienced Website or which are otherwise communicated to you; the current applicable Agreement and Experienced Fee Schedule is available upon request.
You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on 2 business days from being properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving and processing your termination request. No remaining credit will be refunded and will only be exchanged for leads.
Experienced, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the Experienced network immediately at any time for any reason or no reason at all.
If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims.
If it is determined or suspected by Experienced in its sole discretion that you are misusing or attempting to misuse or circumvent the Experienced services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by Experienced, in addition to our right to immediately terminate this Agreement, Experienced reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
You will be liable for any attorneys’ fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of Singapore govern this Agreement. You hereby consent and agree that the Singapore courts are the exclusive forum for litigation of any claim by you arising under this Agreement, and you submit to sole and exclusive jurisdiction in Singapore, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
The relationship between Experienced and you shall be that of independent contractors and neither party shall be or represent itself to be an agent, employee, partner or joint venture of the other, nor shall either party have or represent itself to have any power or authority to act for, bind or commit the other.