Introduction
Welcome to Eloquence Communications ("Company", "we", "our", "us"). These Terms of Service ("Terms", "Terms of Service") govern your use of our website and services operated by Eloquence Communications.
By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access our services.
We reserve the right to modify these terms at any time, and such modifications shall be effective immediately upon posting of the modified terms on our website. You will be deemed to have agreed to such modifications by continuing to use our services after the date such modifications become effective.
Services Description
Eloquence Communications provides strategic communication services including corporate communications strategy, media relations and press management, and content creation and brand messaging. Our services are intended for businesses and organizations seeking to enhance their communication strategies and brand presence.
The specifics of each service offering may vary and are detailed in individual service agreements or engagement proposals provided to clients. The information presented on our website is for general information purposes only and is subject to change without notice.
Use of Our Services
By using our services, you agree to:
- Provide accurate, current, and complete information as may be required during the engagement process
- Maintain the security and confidentiality of any account information, passwords, or credentials associated with our services
- Accept responsibility for all activities that occur under your account or credentials
- Promptly notify us of any unauthorized use of your account or any other breach of security
- Use our services in compliance with all applicable laws and regulations
You may not:
- Use our services in any way that violates any applicable national or international law or regulation
- Engage in any conduct that restricts or inhibits anyone's use or enjoyment of our services
- Use our services to transmit any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our services, the server on which our services are stored, or any server, computer, or database connected to our services
- Use our services to infringe upon or violate the intellectual property rights or any other rights of anyone else
Intellectual Property
Unless otherwise stated, Eloquence Communications and/or its licensors own the intellectual property rights for all material on our website and services. All intellectual property rights are reserved.
Materials created for clients as part of our service offerings are subject to the terms specified in individual client agreements. Generally, upon full payment for services rendered, clients receive a license to use deliverables for their intended purpose. The specific rights granted are detailed in each client agreement.
You may view, download, and print content from our website for your own personal, non-commercial use, subject to the restrictions set out in these Terms of Service.
User Content
When you provide us with content or materials ("User Content") in the course of our service relationship, you retain ownership of your User Content.
By providing User Content to us, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your User Content in connection with providing our services to you. This license exists only for the duration and purpose of completing your service engagement, unless otherwise specified in a written agreement.
You represent and warrant that:
- You own or control all rights to the User Content you provide
- Your User Content does not violate these Terms
- Your User Content does not violate the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights
- Your User Content does not contain material that is false, intentionally misleading, defamatory, obscene, harassing, threatening, or otherwise unlawful
Payment Terms
Payment terms for our services are detailed in individual client agreements or service proposals. Generally, the following terms apply:
- Fees for services are due according to the schedule outlined in your agreement
- Payments may be required in advance, installments, or upon completion, as specified in your agreement
- All fees are exclusive of taxes, which will be added where applicable
- Late payments may incur additional fees or interest charges as specified in your agreement
- Prices for services are subject to change with notice
We accept various payment methods as specified in our communication with you. All payment information is securely processed through industry-standard encryption and payment processors.
Termination
We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms of Service.
Client agreements may contain specific provisions regarding termination, including notice periods and financial obligations upon termination. In the absence of specific terms in a client agreement, the following apply:
- Either party may terminate the service relationship with 30 days written notice
- Clients are responsible for payment of all services rendered prior to termination
- Any non-refundable deposits or retainers will be retained as stated in the initial agreement
- All confidentiality provisions and intellectual property rights survive termination
Limitation of Liability
To the maximum extent permitted by applicable law, Eloquence Communications, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use our services
- Any conduct or content of any third party on our services
- Any content obtained from our services
- Unauthorized access, use, or alteration of your transmissions or content
In no event shall our total liability to you for all claims exceed the amount you have paid to us for services in the twelve (12) months preceding the event giving rise to the claim.
The limitations of liability set forth above are fundamental elements of the basis of the bargain between us and you.
Disclaimer
Your use of our services is at your sole risk. Our services are provided on an "AS IS" and "AS AVAILABLE" basis. We 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.
We make no warranty that:
- Our services will meet your specific requirements
- Our services will be uninterrupted, timely, secure, or error-free
- The results that may be obtained from the use of our services will be accurate or reliable
- The quality of any products, services, information, or other material purchased or obtained by you through our services will meet your expectations
While we strive to provide the best possible outcomes, we cannot guarantee specific results from our communication services, as outcomes depend on various factors, including market conditions, audience reception, and implementation.
Confidentiality
We take client confidentiality seriously. During our service relationship, we may have access to your confidential information. We agree to:
- Maintain the confidentiality of your proprietary information
- Use such information only for the purpose of providing our services to you
- Implement reasonable security measures to protect your information
- Not disclose your confidential information to third parties without your consent, except as may be required by law
Specific confidentiality terms may be detailed in individual client agreements, which take precedence over these general provisions.
Indemnification
You agree to defend, indemnify, and hold harmless Eloquence Communications, its directors, employees, partners, agents, suppliers, and affiliates, from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with:
- Your access to or use of our services
- Your violation of these Terms of Service
- Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right
- Any claim that your User Content caused damage to a third party
Governing Law
These Terms shall be governed and construed in accordance with the laws of Cyprus, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Dispute Resolution
Any disputes arising under or in connection with these Terms shall be resolved through the following process:
- The parties will attempt in good faith to resolve any dispute promptly by negotiation between executives with authority to settle the controversy.
- If negotiation is unsuccessful, the parties will attempt to resolve the dispute through mediation, using a mutually agreed-upon mediator.
- If mediation is unsuccessful, the dispute shall be submitted to binding arbitration in accordance with the rules of the Cyprus Arbitration and Mediation Centre.
The place of arbitration shall be Limassol, Cyprus. The language of the arbitration shall be English. The decision of the arbitrator shall be final and binding on both parties.