Terms of Use



This agreement is entered between Josmade global services, owners of Quirver technology services. Please understand that by accepting these terms and conditions, Client represents and warrants that the Client is major and thus legally capable to enter into contract and in case Client is acting on behalf of some business entity, Client is duly authorized to enter into agreement on behalf of the entity Client is representing. Client also represents and warrants that the Client is not a competitor of Quirver. Now therefore by clicking "I agree", ordering and/or using Our services, Client agrees to be bound by all of the terms and conditions of this agreement (hereinafter referred to as the agreement) This agreement is entered between Quirver. a company registered in Nigeria, and the payer or/and the recipient of services hereunder as identified as part of the subscription process for Quirver Services herein after called as “Client”, Now Whereas Client and Quirver both hereby agree to the terms & conditions hereinafter mentioned:

Who are we?

Quirver is a service provided by Josmade Global Services; a company registered under the laws of the Federal Republic of Nigeria - COMPANIES AND ALLIED MATTERS ACT 1990

Who is our service for?

Any of our Services are for those who agree to the binding contract, and are not a person barred from receiving services under the laws of the applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, business, or organization, you represent and warrant that you are authorized to do so.


Scope of Service

Please understand that by accepting these terms and conditions, Client represents and warrants that the Customer is major and thus legally capable to enter into contract and in case Client is acting on behalf of some business entity, Client is duly authorized to enter into agreement on behalf of the entity Client is representing. Client also represents and warrants that the Client is not a competitor of Quirver. Now therefore by clicking "I agree", ordering and/or using Our services, Client agrees to be bound by all of the terms and conditions of this agreement (hereinafter referred to as the agreement) This agreement is entered between Quirver. a company registered in Nigeria, and the payer or/and the recipient of services hereunder as identified as part of the subscription process for Quirver Services herein after called as “Client”, Now Whereas Client and Quirver both hereby agree to the terms & conditions hereinafter mentioned:


Demo Trial

If you request for a demo trial Service, we will make the Service (on a limited basis) available to you for free, but on a limited basis, since it is only used to test how the service works. If we decide to include additional features on the demo trial, it will be available once you login into the demo account.PLEASE NOTE THAT ONCE YOU LOGOUT OF YOUR DEMO ACCOUNT, THAT ACCOUNT WILL BE AUTOMATICALLY DELETED FROM OUR SYSTEM.

The demo Service provided is without warranty of any kind, we may suspend or terminate the Service for any reason at any time without notice, and (iii) we will not be liable to you for damages of any kind related to your use of the Service.

Lawful use of Quirver services

Client hereby agrees to use the services of Quirver, only in an authorized situation as per terms of services. In case it is found that use of services violates the terms of this agreement or any other law, rule or regulation enacted by the concerned authorities from time to time, Quirver. reserves its right to terminate the agreement with immediate effect.


Quirver’s responsibilities, representations, and warranties

Agreements

In the performance of Services, Quirver agrees to:

1. Perform the Services to the best of its ability and with the degree of care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances;

2. Liaise with Customer through Client’s coordinator on matters related to the Services;

3. Notify Client, whenever practicable, if expenses beyond the agreed charges may be incurred;

4. Invoice Client according to the terms of this Agreement and the applicable Service Schedule for the Services performed; and

5. Proceed according to Client’s reasonable instructions for the disposition of Client’s Data and supplies on the termination of any Service Schedule.

Reasonable Attempts to Correct Errors on Notice

Quirver warrants that it will at its expense make commercially reasonable attempts to correct any errors for which Quirver is directly and solely responsible by rerunning the Service, provided that the Data necessary to correct such errors is available to Quirver; or at Quirver's option, provide a credit to Client equivalent to the charge that would have been applicable for correcting that portion of the Service that is in error, such credit will be only for errors due solely to malfunction of a system or Software provided by Quirver or any error made by Quirver’s personnel in the performance of the Service.

To obtain the rerun Service or the credit, Client must notify Quirver in writing of such errors within fifteen (10) days of receipt of the Services believed to contain the errors.

Client’s responsibilities, representations, and warranties

Agreements

Client Agrees to:

1. Provide all requested and necessary Data and/or other required information to Quirver upon registration, or in a timely fashion to enable Quirver to provide the required Services;

2. Ensure the accuracy, legibility, and completeness of all Data supplied to Quirver , and be solely responsible for the results obtained from Client’s use of any of the Services;

3. Partner with Quirver through a coordinator. Client will identify, on matters related to the Services and authorize that coordinator to make decisions on behalf of Client in relation to the implementation of this Agreement and the Services and any changes thereto;

4. Comply with Quirver security and operating procedures (as may be revised or amended by Quirver from time to time) when Client’s employees or agents are interfacing with Quirver installed systems;

5. Control, and be responsible for the use of, account information, user ids and passwords related to the Services and, when interfacing with Quirver's installed systems;

Client Representation and Warranties

Client represents and warrants to Quirver that: (a) the information provided for the purpose of establishing an account with Quirver is accurate, and (b) Client has complied with and will continue to comply with all applicable privacy laws and has obtained and will continue to obtain the requisite privacy consents in the collection and use of all information that may be collected on any website or maintained on any server hosted by Quirver.

Client represents and warrants that the Client is legally capable to enter into contract and in case Client is acting on behalf of some business entity, Client is duly authorized to enter into agreement on behalf of the entity Client is representing. Client also represents and warrants that the Client is not a competitor of Quirver.

Suspension of services and Termination of account

Termination by Client

Client may terminate this Agreement anytime without liability (including Client's wallet credits for Services, and may request for a refund, at the Client's discretion); if Quirver: (a) fails to provide the Services in accordance with the terms of this Agreement, such failure causes material harm to Client, and Quirver does not correct the failure within ten (15) business days of receipt of notice in writing from Client describing the failure in reasonable detail; or (b) materially violates any other provision of this Agreement and fails to correct the violation within thirty (30) days of receipt of notice in writing from the Client describing the violation in reasonable detail.

Termination by Quirver

Quirver may terminate this Agreement anytime without liability:

(a) On notice to the Client in seven (7) business days, if Client is does not meet on the payment of any amount due under this Agreement;

(b) If Client materially violates any other provision of this Agreement and fails to corect the violation within ten (10) days’ notice in writing from Josmade - Quirver describing the violation in reasonable detail.


Suspension of Service

Quirver is entitled to suspend Services without liability if:

(a) Quirver is acting reasonably, and believes that the Service is being used in violation of this Agreement or any applicable law;

(b) Client is in breach of any material term of this Agreement.

The Client will not have any access to Quirver’s servers during a suspension of Service. Quirver will use commercially reasonable efforts to give the Client advance notice in writing of a suspension of Service unless a law enforcement or governmental agency directs otherwise or suspension without notice is necessary to protect Quirver or its other Clients. A suspension of Service under this subsection will not be considered a breach by Quirver of the terms of this Agreement.


Terms of Suspension and Data retention

Quirver shall keep the account of the Client suspended for the reasons stated above for a maximum period of one (1) Year, thereafter the account stands deleted and customers data/information shall be deleted from Quirver's database. But on special request and on being assured by the Client about resumption of services, Quirver may extend the period of suspension and retain the data/information for further specified period of time as agreed.


Credit Units/Charges

Fees

The set fees in the checkout form, created at the outset of Client’s account shall be effective for the Initial Term, provided that Quirver shall have the right to revise these fees at any time upon thirty (30) days written notice to the Client. In the event that Client does not agree with such fee revision, Clien shall have the right to terminate this Agreement upon thirty (30) days written notice, provided that such notice of termination must be received within thirty (30) days of date of notice of the fee increase.


PayStack Payment

For credit purcahse, Quirver shall only provide an payment receipt, which will be delivered to the Client's registered email address. Clients may view receipt of payment for the Client’s registered email. Client further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party. There are no other payment channel provided by Quirver other than through PayStack's payment channel. If any other channel is provided, Clients will be notigfied of the new changes.


Modification of terms and conditions

Quirver may update, amend, modify or supplement the terms and conditions of this Agreement from time to time and will use reasonable efforts to notify Client regarding the same. Client is responsible for regularly reviewing the most current version of this Agreement at any time at www.quirver.com/terms.

If at any time Client does not agree with any amendment, modification or supplement to the terms and conditions of this Agreement, Client may terminate this Agreement according to the terms of this Agreement. Client ’s continued use of Client ’s account and/or the services after the notice period will be conclusively deemed to be acceptance by Client of any such modifications or amendment.


Limited warranty: Limitation of damages

Quirver provides services only if Client expressly agrees to the use of Quirver's services are at Client ’s sole risk. Quirver and its subsidiaries, affiliates, officers, employees, agents, partners, vendors and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Clients hereby agree that the terms of this agreement shall not be altered due to custom or usage or due to the parties’ course of dealing or course of performance under this agreement.

Quirver and its subsidiaries, affiliates, officers, employees, agents, partners, vendors and licensors shall not be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to damages for lost profits, business interruption, loss of programs or information, and the like, that result from the use or inability to use the services or from mistakes, omissions, interruptions, deletion of files or directories, errors, defects, delays in operation, or transmission, regardless of whether Quirver has been advised of such damages or their possibility.

Client is fully responsible for the content of the information and data passing through Quirver‘s network or using the Services and for all activities that Client conduct with the assistance of the Services.


Software and intellectual Property rights

Intellectual Property Rights/Ownership

All Intellectual Property Rights, including any Software, owned by a party, its licensors or subcontractors as at the effective date of this Agreement shall continue to be owned by such party, its licensors or subcontractors and, except as expressly provided in this Agreement, the other party shall not acquire any right, title or interest in or to such Intellectual Property Rights.

Quirver shall own all right, title and interest in and to any materials created or developed by Quirver or its subcontractors for its internal use or for assisting Client in the provision of the Services and Client shall own all right, title and interest in and to any Intellectual Property Rights resulting or based on any work product created or developed exclusively for Client under this Agreement if fully paid for by Client


Trademarks

The web application, and/or Company's name, the terms Quirver, all logos and artwork associated with the foregoing terms, and all other product and service names, designs, and slogans appearing on our application are trademarks of the Company/application or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the application are the trademarks of their respective owners.


Logo usage rights

The Client agrees to let Quirver use their organization’s logo in Quirver’s client list and at other places on its application (including but not limited to www.quirver.com, promotional materials, social media pages, and other marketing platforms).

In a case where a Client wants to withhold its consent on the right of Quirver to use its logo, Client is requested to contact our the Quirver support at www.quirver.com/contact


License of Client Software and Intellectual Property

Client agrees to grant to Quirver solely for Quirver’s provision of the Services, a license during the Term to use any Intellectual Property Rights, including any Software, owned by or licensed to Client by third parties and that is necessary for providing the Services to Client and otherwise performing its obligations under this Agreement.

With respect to any Intellectual Property Rights and Software used by Quirver to provide the Services, Client represents and warrants that: (a) Client is either the owner of such Intellectual Property Rights or Software or is authorized by its owner to include it under this Agreement; and (b) Quirver has the right during the Term to use such Intellectual Property Rights and Software for the purpose of providing the Services to Client as contemplated by this Agreement.


Software Compatibility Assurance

Client acknowledges that Quirver makes no representation, warranty or assurance that the Client's equipment and Software will be compatible with Quirver's equipment, Software and systems or the Services.


Confidentiality

Quirver will not use any of Clients' Confidential Information except in connection with the performance of the Services or the exercise of its rights under this Agreement and will take all reasonable precautions to maintain the confidentiality of Clients' Confidential Information and to prevent the unauthorized disclosure to others of the Confidential Information. Josmade - Quirver, shall implement industry standard security procedures, such as appropriate firewall, encryption and access security measures but shall not be liable for damages caused to Client's by inadvertent breaches of confidentiality.

Quirver shall only disclose the Confidential Information to those of its employees and permitted agents who have a need to know and require access to the Confidential Information as may be reasonably necessary in the exercise of Quirver's rights and performance of the Services under this Agreement. Notwithstanding anything to the contrary in this Agreement, Quirver will not be required to keep confidential, and may use or license without restriction, any ideas, concepts, know-how or techniques related to information processing which are developed by Quirver in the performance of Services.

Notwithstanding the foregoing, Quirver shall be permitted to:

(i) monitor Client's use of the Services;

(ii) report to the appropriate authorities any conduct by Client (or Client's customers or end users) that Quirver reasonably believes violates any applicable law;

(iii) provide any information, including Confidential Information, required by law or regulation to be disclosed, or in response to a formal or informal request from a law enforcement or government agency; and

(iv) disclose that Quirver is providing the Services to Client and may include Client's name in promotional materials including press releases and on Quirver's web application.


Indemnification

Clients shall indemnify, defend and hold harmless Josmade - Quirver. (and its subsidiaries, affiliates, officers, employees, agents, partners, mandatories, vendors and licensors) of any and all Claims (including third party Claims) arising as a result of or in relation to any breach of this Agreement or fault by Clients, or in relation to any activities conducted by Customer through the Services, or otherwise in relation to “Client’s” products or services.


Severability

In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any of the other provisions of this Agreement, and this Agreement shall be construed as if such provision(s) had never been contained herein, provided that such provision(s) shall be curtailed, limited, or eliminated only to the extent necessary to remove the invalidity, illegality, or unenforceability.


Waiver

There is/will be no waiver by Quirver. in any breach by a Client on any of the provisions of this Agreement, such shall be deemed a waiver of any preceding or succeeding breach of this Agreement. No such waiver shall be effective unless it is put into writing and signed by the parties hereto, and then only to the extent expressly set forth in such writing.


Transfer of Assignment

Client may not assign or transfer this Agreement or any rights or obligations hereunder, in whole or in part, unless with the prior consent of Quirver - Josmade Technology Services. Under this, client may assign or transfer this Agreement, or any rights or obligations hereunder, in whole or in part:

(i) to an affiliate of Josmade Global Services,

(ii) in a merger connection, an amalgamation or sale of all or a substantial part of the Josmade business., or

(iii) for financing, securing or other similar purposes, which assignments and/or transfers shall operate novation and discharge Josmade hereunder. A change of control of Client shall be deemed to be an assignment and transfer hereunder and shall be governed by the requirements of this provision.

This privacy policies, with all references, represents the sole and entire agreement of the parties to this agreement with respect to the subject matter contained herein, and supercedes all prior terms and conditions which were agreed by the Client.