Thank You for choosing XList Limited. All agreements are made solely between the Client, “You” (the party to whom the Company provides services) and “XList Limited”.
2. Data Protection
Details of the individual to whom these Terms of Business are sent, together (where relevant) with details of other key individuals within Your organisation supplied to XList Limited from time to time, will be entered onto XList’s client database. XList Limited will use these details primarily to provide You with the Works. In addition, XList Limited may use these details to contact You by post, telephone, e-mail or fax for marketing purposes or to make searches with credit reference agencies. XList Limited may also disclose these details for these purposes to any agents, associates, advisors or contractors that we agree XList Limited should work with on Your behalf.
It is Your responsibility to ensure that the communication of any sensitive or personal data by You or Your agents to XList Limited does not breach the rights of any data subjects and that the use of such data by XList Limited pursuant to the Project Definition does not breach any data protection regulations or legislation. You hereby indemnify XList Limited in this respect.
3. Electronic Communications
During the course of this matter, we may wish to communicate electronically with one another. The electronic transmission of information cannot be guaranteed to be secure or error-free, as it will be transmitted over a public network, and such information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or otherwise be adversely affected or unsafe for use.
We each agree to use reasonable procedures to check for the most recently known viruses before sending and receiving information electronically, but we each recognise that such procedures cannot be a guarantee that transmissions will be virus-free. We shall each be responsible for protecting our own interests in relation to electronic communications. Neither of us shall be liable to the other on any basis, whether in contract, tort (including negligence) or otherwise, in respect of any damage or loss arising from or in connection with the electronic communication of information between us.
A person who is not a party to the agreement between us has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the engagement. The rights and remedies available to XList Limited by virtue of these Terms of Business are without prejudice to any other rights or remedies available to XList Limited. Any failure by XList Limited to exercise or delay by XList Limited in exercising a right or remedy provided by these Terms of Business or by law does not constitute a waiver of the right or remedy, or a waiver of other rights or remedies.
The contract between us is on the basis of these Terms of Business and is subject to Scottish Law and the exclusive jurisdiction of the Scottish Courts. We look forward to working with You.