Terms of Service

General Terms of Service of EUcalls concerning the use of the website.

Version: 01.01.2019

Preamble

Welcome to EUcalls.net

EUcalls.net is targeted at European project partners, leaders, consultants, companies, NGOs, and generally people that are interested in getting EU funds. Users can post research ideas, find calls and partners and build a partnership together for participating in EU funding calls. EUcalls is operated by Institute of Entrepreneurship Development Ltd (IED LTD), Kritis 12, 8820, Polis Chrysochous, Cyprus.

EUcalls reserves the right to modify, to amend or to redraft the existing General Terms and Conditions ("GTC") at any time and without giving reasons. Users will be informed about modifications, amendments or redrafts of this GTC in reasonable time via e-mail. Should the user not object within two weeks of receiving the notice of change, the modified GTC are considered approved.

1. User access

1.1 Object of the access

The main user’s object of the access is to use the services/features described in the preamble of the GTC, on which the users may present themselves and contact other users. EUcalls creates, services and maintains the online platform, however does not itself act as an intermediary between the users.

1.2 Eligible users

Clients in the sense of the preamble can exclusively be natural persons who are 18 years of age and are fully legally competent.

If a natural person is not acting on his own behalf, he affirms to EUcalls that he has been authorized or delegated to perform the particular action.

Solely contractors, i.e. natural or legal persons or partnerships which have legal capacity, who are acting within the scope of their commercial or independent professional capacity when concluding a legal transaction, are considered to be contractors, and are eligible to conclude contracts with EUcalls.

1.3 Conclusion of contract

The contract with EUcalls for the use of the online platform is concluded with the completion of the online registration process. With his registration, the user attests that he is an eligible user as stipulated in § 1.2 of these GTC. Furthermore the user is obliged to make a truthful and complete declaration of the information requested for registration.

The user is required to provide a current e-mail address at all times, which also serves as the line of communication between the user and EUcalls. In case of a modification of the recorded data subsequent to the registration, the user is required to update his account without delay. Following a successful registration, EUcalls will provide the user with an account.

2. Account and user profile

2.1 Account and user profile

Upon a successful registration the user is provided with an account, within which he can create his own profile. Each user is limited to maximum of. one account, resp. with one user profile as client, and one account, with one user profile as service provider.

The account, resp. the user profile is protected by a user name and a password (hereinafter referred to as „login information“) which are determined during the registration process. The user must ensure that his login information is not accessible to third parties. In case of loss of the login information, or in case of suspicion that a third party has knowledge of the information or is making use of the user´s account, the user is obliged to inform EUcalls about this immediately and to change his login information.

2.2 Account and user profile information and updating

The user ensures that the information provided during the creation of the account, resp. the user profile, is accurate and complete. The user is obliged to keep his account and profile up to date, and to promptly ensure that any changes are reflected in his account and profile.

3. Use of the online platform – in general

3.1 General obligation to comply with legal requirements

Users can utilize various services when using the online-platform. This includes, for example, sending messages to other users and posting their own, especially contents concerning ideas (i.e. pictures). The user undertakes to comply with these GTC and applicable law, especially criminal law, competition law, trademark law, copyright law, personal rights, data protection law and laws concerning the protection of young persons, and not to violate the rights of any third party when using this platform.

This also signifies in particular that the user may not send messages with advertising content (especially spam-messages) without the consent of the recipient. In the event that the contents posted by the user contains hyperlinks to pages of third parties, the user shall ensure that he has the authorization to use the hyperlinks and that the website to which the link is established complies with applicable laws and the right of third parties in the context of clause 3.

3.2 Blocking and deleting contents

EUcalls is authorized to block the access to or delete certain content at any given time. This is particularly applicable in case of suspected violation of the GTC, applicable laws or rights of third parties, or if projects are completely finalized.

3.3 Deletion of account and data

Users may request for EUcalls to delete their account and personal data held by it which will result in the closure of the user’s account. They just have to contact info@eucalls.net.

4. Payment and Renewal

4.1 General Terms

By selecting a service, you agree to pay EUcalls (the IED LTD as legal person) the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.

4.2 Automatic Renewal

Unless you notify IED LTD before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect then the applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to EUcalls in writing.

5. Granting of Rights

5.1 Granting of rights

The user grants EUcalls a non-exclusive right of use without restrictions of time and space of posted contents. EUcalls is particularly entitled to represent and publish the contents posted by the user on the online platform. Furthermore, this includes the right of reproduction, the right of distribution, the right of communication to the public and the right to make publicly available.

5.2 Guarantee of proprietorship

The user guarantees that he is the proprietor of all rights necessary for posting contents on the online-platform, and that he is fully entitled to effectively grant EUcalls the rights as named in § 5.1. The user guarantees furthermore that the contents are unencumbered by third party rights, which could exclude the granting of rights and their use. The user guarantees that the use of the contents does not violate any rights, especially personal rights of third parties, in particular that any represented persons agree with the contractual use of the contents.

5.3 Rights to the online platform

All rights to the online platform (especially copyrights) reside with EUcalls. The user is obliged to consider this, and undertakes not to use – privately or commercially – any parts of the platform or other contents whatsoever beyond the possibilities granted to himself within the context of the use of the online platform. This particularly means that the users will not use data and information achieved via the online platform beyond the communication in the context of an existing project or the payment of a completed project. It is especially prohibited to use such information for advertisement, unsolicited e-mails or other non-authorized purposes.

6. Liability

6.1 Limitation on Liability

In no event will EUcalls, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to IED LTD under this agreement during the twelve (12) month period prior to the cause of action. IED LTD shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

7. Miscellaneous provisions

This Agreement constitutes the entire agreement between EUcalls (meaning the IED LTD which owns the EUcalls.net) and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of IED LTD, or by the posting by IED LTD of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Cyprus excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Cyprus. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Cyprus, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; IED LTD may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.