Your Online Agency Guide
I. Key Terms
Entasher is an online platform that connects Agencies with Project Owners through a selection process (hereinafter, the "Platform"). Entasher ‘s services are to set up advanced marketing and commercial prospecting techniques to explore the market and identify Project Owners that are actively looking for Marketing Agencies. Entasher then verifies the Projects, creates Anonymous Briefs, selects a limited number of Agencies and allows these Agencies to accept the opportunities that are relevant for them and collaborate with the Project Owners on Projects.
Entasher also offers additional features to Agencies as described at https://www.entasher.com/how-it-works/agency.
"Agencies" means the registered service providers who may apply to posted projects, communicate with Project Owners through the Services;
"Agency Manager": refers to the one human person among the Agency's subsidiaries, affiliates, directors, officers, employees, agents and contractors who are solely entitled to use the Agency Account and to manage the Agency Page;
"Agency Profile" refers to the Agency's Site page that may be consulted by Project Owner when the Agency applied for a Posted Project;
"Project Owner Manager" refers to the one human person among the Project Owner's subsidiaries, affiliates, directors, officers, employees, agents, and contractors who are sole entitled to use the Project Owner Account.
"Services" refers to the Platform and to any other services or products offered by entasher on or through the Site.
"Site" refers to entasher ‘swebsite located at https://www.entasher.com, all subpages and subdomains, and all content, services, and products available at or through the Site.
" entasher ", "We", "Our" and "Us" refer collectively to entasher and its subsidiaries, affiliates, directors, officers, employees, agents, and contractors. Agencies, Project Owners or Users are not part of entasher.
"User", "You" or "Your" refer to the person, company or organization that has visited or is using the Site. A User may be an Agency, a Project Owner, or neither.
"User Representative" refers to Agency Manager or Project Owner Manager.
You understand and agree that entasher is not a party to any agreements entered into between Project Owners and Agencies. entasher has no control over the conduct of Project Owners, Agencies and other Users of the Services, does not endorse any of its Agencies, does not sanction statements that Agencies make on the platform, does not guarantee results, and disclaims all liability in this regard to the maximum extent permitted by law
If You choose to create an account on entasher, You understand and agree that Your relationship with entasher is limited to being a member and an independent, third-party contractor, and not an employee, agent, joint-venturer, partner or any similar relationship, of entasher for any reason, and You act exclusively on Your own behalf and for Your own benefit, and not on behalf of or for the benefit of entasher.
entasher may, at any time and in its sole discretion, modify the Services and add, modify, or delete features of the Services, without notice to You.
To be eligible to use the Services, and to create an Account, You must meet the following criteria and represent and warrant by completing the registration process, and/or using the Services that You:
(ii) are a human; Accounts registered by "bots" or other automated methods are not permitted;
(iii) are at least 18 years of age;
(iv) are not currently restricted from the Site or Service, and are not otherwise prohibited from having an Account;
(v) will only maintain one Account at any given time;
(vii) You must provide Your legal full name, a valid email address, and any other information requested in order to complete the signup process;
(viii) will not violate any rights of entasher, including IP Rights such as copyright and trademark rights;
(ix) agree to provide at Your cost all equipment, software and internet access necessary to use the Site or Service.
V. About the Platform
The Platform only acts as a tool for Project Owners to explore and get in touch with Agencies matching their Project and booking advertising spaces throughout entasher. entasher makes available the Platform with related technology for Project Owners and Agencies to meet online and arrange directly with each other to make the Agencies working or not on the posted Projects.
entasher cannot and does not control the content contained in any Project or any Agency Profile.
Users will comply with all applicable laws, including without limitation, commercial laws, privacy laws, intellectual property laws, anti-spam laws, export control laws, taw laws and regulatory requirements. Project Owners will use the Services on a professional manner, including without limitation, answering quickly the messages received from the Agencies, maintaining a consistent and high level of courtesy, respect and toward Agencies, entasher, and any other User. Projects Owners irrevocably understand and agree not to post Project for direct or indirect commercial or employment purposes.
VI. Account Registration and Security
In registering for an account on the Site, you agree to:
(i) Provide true, accurate, current, and complete information about yourself, including but not limited to Your valid email address, as prompted by the registration form ("Member Information";
(ii) Maintain and promptly update the Member Information to keep it true, accurate, current and complete.
If You provide any Content that is untrue, inaccurate, not current, or incomplete, or entasher has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, entasher has the right to suspend or terminate your account and refuse any and all current or future use of the Services. You agree not to create an account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one account. You agree not to create an account or use the Services if you have been previously removed by entasher, or if you have been previously banned from the Services.
You are responsible for all activities that occur under your account.
You are entirely responsible for maintaining the confidentiality of the information You hold for Your account, including Your password and entasher ID, and for any and all activity that occurs under Your account or Agency Profile until You close down Your account or prove that Your account security was compromised due to no fault of Your own. To close Your account, please email us firstname.lastname@example.org.
You agree to notify entasher immediately of any unauthorized use of Your account or password, or any other breach of security. You may be held liable for losses incurred by entasher or any other user of or visitor to the Site due to someone else using Your entasher ID, password or Account as a result of Your failing to keep Your account information secure and confidential. You may not use anyone else's entasher ID, password or account at any time without the express permission and consent of the holder of that entasher ID, password or account. entasher cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations. entasher may verify Agency Profiles to confirm that such pages meet entasher ‘s minimum requirements to be an Agency, as the same may be modified or amended from time to time, and may assign an administrator to such verified Agency Profile.
VI.2 Project Owner
In order to use entasher as a Project Owner, You must register and create a profile. When registering with entasher , We may require You to provide us information such as Your name, company name, company's registration number. entasher may ask you additional identifying documents.
entasher will review the information that You provided to us during the registration process and any other information that is publicly available. entasher reserves the right, in our sole discretion, to accept or reject your registration to use the Site or Service.
Each Project Owner must be used by only one human person, and each human person is allowed to use only one Project Owner account
In order to use the Services as an Agency, you must register and create a profile (the "Agency Profile"). When registering We may ask you for additional information related to Your company and the types of services you provide. We will review the information that You provided to us during the registration process and any other information that is publicly available. We reserve the right, in our sole discretion, to accept or reject your registration to use the Services.
Agencies may have one or more Agency Managers that have all the rights to edit the Agency Profile and to manage (accept/decline/interact) Opportunities on behalf of their Agency.
Any and all information provided by the Agency on the Agency Profile or through the contacts with Project Owners must be true, accurate and complete. entasher reserves the right (but has no obligation) to verify such information. At any moment, the Agency can update the Agency Profile information. If the Agency wants to delete his/her/its Agency Profile from entasher, he/she/it will request entasher (by e-mail at email@example.com) to do so explaining the reason of the deletion.
VII. How the Platform Works
VII.1 Project Posting
As a Project Owner, you may post Projects (the "Posted Projects"). To post a Project, Project Owners will be asked a variety of questions about the Project to be posted, including but not limited to, the service needed, the location of the Project Owner company, the estimated budget, the Project Owner company's name, contact information such as the Project Owner Manager first name and last name, her/his e-mail address and phone number.
Posted Projects must be of a professional nature and accurately describe the outlines of the Project, the requested tasks, work or mission. Posted Projects should be free of offensive language or advertisements for other products or Service. Posted Projects may not request any action that is illegal or violates intellectual property rights, copyrights or the terms of service of another service, product or website. Posted Projects related to the creation of adult or explicit content or those that involve modeling or acting are prohibited. Posted Project that involves exposure to the content of an adult or potentially offensive nature should notify potential readers in the title of the Project.
All information provided by the Project Owner in a Posted Project must be true, accurate and complete. entasher reserves the right (but has no obligation) to verify any and all information provided on a Project Owner or Project posted. Agencies acknowledge and agree that entasher is not responsible for the content of the Anonymous Brief.
VII.2 Selection Process
Users have the right to select and work with any agency based on its market needs
anything that happens after the introduction.
VIII. User Responsibilities
Users will not among others:
While entasher prohibits such conduct and content on the Service, You understand and agree that entasher cannot be responsible for the content posted on the Service and You nonetheless may be exposed to such materials. You agree to use the Services at Your own risk.
X. Content of the Site
X.1 The entasher Content
The contents of the Site, such as, including but not limited to, text, graphics, images, logos, user interfaces, visual interfaces, photographs, button icons, software, trademarks, sounds, music, video, artwork and computer code, and other entasher content, are protected under both Belgium and applicable foreign IP Rights and other laws. All entasher Content is the property of entasher or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of entasher and is protected by ME and applicable foreign IP Rights and other laws. Unauthorized use of the entasher Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original entasher Content on any authorized copy You make of the entasher Content.
You agree not to take any steps to obtain or maintain, in Your own name or in the name of a third party, any IP Rights held by entasher, its commercial partners or any third party contributor to the entasher Content. You further undertake not to sell or modify the entasher Content or reproduce, display, publicly perform, distribute, or otherwise use the entasher Content in any way for any public or commercial purpose, in connection with products or Service that are not those of the Site, in any other manner that is likely to cause confusion among consumers, that disparages or discredits entasher or its licensors, that dilutes the strength of entasher or its licensor's property, or that otherwise infringes entasher or its licensor's intellectual property rights. You further agree to in no other way misuse entasher Content that appears on this Site. Any code that entasher creates to generate or display any entasher Content or the pages making up the Site is also protected by entasher copyright and You may not copy or adapt such code.
X.2 User Content and Submissions
You own your content, but you allow entasher certain rights to it, so that We can display and share the content you post. entasher has the right to review or remove content, in its sole discretion.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted, uploaded or displayed by You on or through the Site ("User Content") is the sole responsibility of the person from which such User Content originated. entasher claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark, and copyright to any User Content You submit, post or display on or through entasher and You are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through entasher You grant entasher a worldwide, non-exclusive, fully paid and royalty-free license to use, reproduce, adapt, perform, distribute, display and publish such User Content through entasher in connection with entasher business purpose. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, You grant entasher a worldwide, non-exclusive, fully-paid and royalty-free license to use, reproduce, adapt, perform, distribute, display and publish such User Content for the purpose of promoting entasher Service. entasher will discontinue this licensed use within a commercially reasonable period after such User Content is removed from the Site. entasher reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
You also represent and warrant that You have the right to grant, or that the holder of any rights has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If You post User Content in any public area of the Site, You also permit any user of the Site to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on the Site retains any and all rights that may exist in such User Content.
entasher does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or endorse any opinions expressed by users of the Site. You acknowledge that any reliance on material posted by other users will be at Your own risk.
It is Your responsibility to keep Your entasher profile information accurate and updated.
X.3 User-to-User Communications and Sharing (Endorsement, Reviews, Updates Agency Pages, etc.)
entasher may offer various functionalities such as endorsements and reviews where You can post Your observations and comments on an Agency Profile. You acknowledge and agree that all endorsements and reviews you give will be the sole and exclusive property of entasher and you hereby irrevocably assign to entasher and agree to irrevocably assign to entasher all of you right, title, and interest in and to all endorsements and reviews.
entasher may also enable sharing of information by allowing Users to post updates, including links to news articles and other information such as product recommendations, job opportunities, and other content to their profile and other parts of the Site, such as Agency Profiles.
The Site may contain hyperlinks to third party websites. entasher is not liable for the contents or accessibility of such websites. Use of or reliance on these websites is at the user's own risk. You may not frame or link to the Site or the entasher Content without entasher ‘s prior written consent.
X.5 Third Party Software and Features; Entasher Applications
X.6 Advertisements and Other Potential Sources Of Revenue
Some of the Services may now or in the future be supported by advertising revenue, pay-per-click mechanisms, or other funding, and the Site may display advertisements and promotions. These advertisements may be targeted to the content of information stored via the Site, queries made through the Services, or other criteria. The manner, mode and extent of advertising on or through the Services are subject to change without specific notice to You. In consideration for entasher granting You access to and use of the Services, You agree that the entasher may place such advertising on the Site and/or incorporate such advertisements into the Services.
The Site and its content and the Service are provided "as is" and entasher makes no representations, conditions, guarantees or warranties of any kind, either express or implied, on aspect including, without limitation, quality, accuracy, completeness, reliability or warranties of merchantability, fitness for a particular purpose, or non-infringement, to the fullest extent permissible under applicable law. Any reliance placed on the Site and entasher Content will be at the Your sole responsibility and risk.
XI. Copyright Policy
entasher respects copyright law and expects the Users to do the same. entasher may terminate any account of Users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
You acknowledge and agree that entasher may use Your company's name, Your logo, any symbol linked to Your company for advertising, marketing, communication purposes, including but not limited to mentioning You and presenting You publicly in your respective quality of Agency or Project Owner, including but not limited to on or through the Site or any third-party site website or any social network such as Facebook, Instagram, Twitter, Linkedin.
XIII. Invoicing Terms and Costs
As stated above listing services are free till the day we are in.
XIV. Additional Terms
XV. Term, Termination, Suspension and other measures
entasher or You may terminate this Agreement at any time with notice to the other. On termination, You lose the right to access or use the Services. You are solely responsible for properly canceling Your account. You can cancel Your account at any time by sending an email at hello@ entasher.com explaining the reason for the cancellation, the name of Your Agency and Your function in the Agency.
If You cancel the Services before the end of Your current paid up month, Your cancellation will take effect immediately and You will not get a refund for the current paid up month nor be charged again for upcoming months.
entasher, in its sole discretion, has the right to suspend or terminate Your account and refuse any and all current or future use of the Services, or any other entasher service, for any reason at any time, with or without cause, with or without notice.
entasher reserves the right to refuse the access to the Services to anyone for any reason at any time.
You acknowledge and agree that entasher will not have any liability whatsoever to You for any suspension or termination.
Termination of your relationship with entasher does not affect your relationship with any Project Owner or Agency you have met through the Site or Service. All legal, contractual and ethical duties, obligations and responsibilities survive termination of the entasher relationship.
XVI. Disclaimers of Warranties
IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT entasher DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT..
THE SERVICES ARE PROVIDED "AS IS". entasher MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (iv) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM entasher OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES.
YOU UNDERSTAND THAT entasher DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. Entasher MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES.
XVII. Limitation of Liability
Our Services include areas where Users may post content about an individual or company. We are not responsible for the posting of this content;
We are not liable for any contracts, contractual obligations or any other obligations that may arise by statute or operation of law, resulting from any employment or commercial relationship, whether attempted or formalized, between Project Owners and Agencies;
We are not required to or under any obligation to review, screen, edit, monitor, or remove any content posted on or through the Services although We reserve the absolute right to remove, screen, or edit any content at any time and for any reason without any notice to you or any party affected;
We take no responsibility and assume no liability for any User Content that is posted, stored, uploaded, or transmitted via the Services, or for any loss or damages that may occur because of such user content including, but not limited to defamation, slander, libel, falsehoods, obscenity, or profanity;
We take no responsibility and assume no liability for any claim, action, petition, demand for arbitration or lawsuit alleging injury or damage resulting from any use of the Services, whether arising in tort or contract, law or equity;
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND ANY CONTACT YOU HAVE WITH OTHER USERS OF Entasher WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER Entasher NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Entasher HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
XIX. Entire Agreement
As entasher requires that you provide an e-mail address, you are responsible for providing entasher with your most current e-mail address.
In the event that the last e-mail address you provided to entasher is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, entasher ‘s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
You may give notice to entasher:
(i) via e-mail at the following address: admin@ entasher.com;
(ii) via a letter delivered by nationally recognized overnight delivery service or first postage prepaid mail At the following address: entasher SA, ADRESSE. Such notice will be deemed given when effectively received by entasher.
(iii) Once registering at entasher we have the right to announce that you are using entasher
XXII. Electronic Communications
The communications between You and entasher use electronic means, whether You visit the Site, or the Services or send entasher e-mails, or whether entasher posts notices through the Site or Services, or communicates with you via e-mail.
For contractual purposes, you (i) consent to receive communications from entasher in an electronic form; and (ii) agree that all terms, conditions, agreements, notices, disclosures, and any other communication that entasher provide to You electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
XXIII. Controlling Law and Jurisdiction
XXIV. Failure to exercise - No waiver
XXV. Severability and Headings
XXVI. Contacting entasher
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