For the xpath.global marketplace
Version 4.1 issued on 10.05.2024
By registration, the Service Provider entirely and unconditionally accepts the provisions of these Terms of Use and understands to use the Service pursuant thereto. Service Providers who create a Service Provider account on https://xpath.global/ understand and accept that using their account, as well as any access or visit of the xpath.global Platform, or of any page thereof, and/or using the Service, as well as any component thereof, constitutes an acceptance, entirely and unconditionally, of the Terms of Use (including the appendices thereto mentioned at the end of this document) and of any provision thereof.
xpath.global is a full global mobility services SaaS-enabled Marketplace ecosystem – offering a place for clients interested in mobility services to meet mobility services-specialized providers.
The current Service Provider Terms of Use (including the appendices thereto mentioned at the end of this document) regulate the contractual relationships between xpath.global and the Service Provider regarding all xpath.global Platform-use aspects, including fees, and allow the Service Provider to sell their Services to Clients through the xpath.global Platform. They replace all other previous Terms of Use signed.
1. DEFINITIONS & ABOUT US
1.1 Definitions
xpath.global – Xpath Global SRL, limited company registered in Romania, registration number J40/9812/2007, VAT registration code RO21775247, having the registered office in Bucharest, Romania, 6 Maior Gheorghe Sontu, 2nd floor, district 1;
Service Provider – a legal person or any legal entity that lists its Services on the xpath.global marketplace in order to sell them to Clients;
Client – a legal or natural person that is an xpath.global marketplace user registered with a Client account, that is usually placing an Order for the Services listed and traded by the Service Provider through the xpath.global
Order – a request for Services sent/placed by the Client through the means of collecting the requests of the Clients made available by xpath.global;
“xpath.global marketplace” is a global mobility services marketplace comprising of immigration and visa, tax or social security, employer of record, relocation and moving services from vetted Providers in 183 countries. This includes the mobile app xpath.one – Expatriate Mobile app, which provides an easy mobile access for expats to the services included in the xpath.global marketplace.
“xpath.pro service” is a specialized B2B software service for the management of global mobility. It refers to a case management system, also known as the Expatriate Resource Management (ERM) . This is available either in conjunction with other services, such as xpath.global marketplace, or independently.
“Platform” or “xpath Platform” refers to the suite of tech tools made of xpath.pro case management system and/or xpath.global marketplace.
Services – Services offered and traded by the Service Provider through the xpath.global Platform;
Services Provider Rules – a set of legal rules and obligations established by the Service Provider, as necessary conditions to be agreed with by the Clients when Ordering a Service listed on the xpath.global Platform. It is up to the Service Provider to include in the Service Provider Rules all necessary legal obligations and requirements as specified by any Regulations. xpath.global marketplace does not verify, endorse or monitor in any way the Rules of any Service Provider;
Regulations – any applicable normative acts or jurisprudence (such as law, decision, judgment, ordinance, code, decree, rule, regulation or requirement issued, enforced, adopted, promulgated, implemented or otherwise adopted by or under the authority of any government body or by any other regulatory body) in the country where the Services will be traded and/or the European Union.
1.2. About Us
The https://xpath.global/ is fully owned and operated by Xpath Global SRL (“xpath.global”, “we”, “us”, or “our”). Xpath Global SRL is a company registered in Romania under the company registration number J40/9812/2007, whose registered and business address is located at: Bucharest, Romania, 6 Maior Gheorghe Sontu, 2nd floor, district 1.
xpath.global is an independent marketplace that acts as an online intermediary provider, as defined by applicable legislation for any content added by the Service Providers and Clients, such as texts, images and any other details of the Services and comments, reviews and any other information posted by the Clients.
xpath.global does not monitor or check any information posted on its Platform and the full responsibility lies with the Provider or Clients, as the case may be. If xpath.global receives a valid order from a competent authority or a report from a third party in accordance with applicable legislation about the existence of illegal content or other activities that breach the Terms of Use by the Clients or Provider, it reserves the right to unpublish or delete that information, to contact, suspend or block access to the respective account, until the such an order or notification is resolved.
2. STATEMENTS AND REPRESENTATIONS
2.1. The Service Provider declares and warrants that they:
(a) are legally constituted and operate in accordance with the Regulations;
(b) have the legal capacity and all authorizations required by the applicable law to sell the Services on the xpath.global Platform;
(c) have obtained all applicable statutory and legal approvals to accept the Terms of Use;
(d) have full capacity and authority to exercise all rights and to perform their obligations in accordance with the Terms and Conditions;
(e) fulfill any other condition required by the xpath.global during their account registration and confirmation process.
2.2. xpath.global states that it is the owner of the xpath.global marketplace and, following the acceptance of the Terms and Conditions by the Service Provider, it will make available to the Service Provider listings’ space on the Platform for the latter to list and trade their Services.
2.3. he Service Provider accepts that the company managing the xpath.global marketplace may offer for sale and trade through the xpath.global marketplace Services that are identical or similar to their Services, as well as other type of Services.
2.4. The Service Provider accepts that xpath.global is an online intermediary provider for all Services listed on its Platform and thus xpath.global is not responsible, directly or indirectly, for the relationships between the Clients and the Service Providers, these being covered by the Service Provider Rules. xpath.global will not take over the ownership or the risks related to the Services, the trading-related risks being borne solely by the Service Provider.
2.5. The Service Provider guarantees that the information and documents made available to xpath.global during the registration process are up-to-date, correct and complete and are kept as such for the entire duration of use of the xpath.global marketplace by the Service Provider.
3. FEES
3.1. For the services provided by xpath.global and listed in the present document, the Service Provider owes a fee. The amount of such fees is available in the Service Provider account or in the Commercial Terms Appendix.
3.2. For all the fees owed, xpath.global will issue a corresponding invoice and will inform the Service Provider. The date of sending the invoice by xpath.global will be the 3rd of the next calendar month for the previous one or on the first working day following the 3rd, if the latter is a non-working day.
3.3. The payment of the fee will be made by the Service Provider within the term specified in the Commercial Terms Appendix. In case the Service Provider does not pay the invoice within the term indicated in the present article, xpath.global reserves the right to suspend the Service Provider’s account.
3.4. xpath.global may, in certain cases and for certain Service Providers, offer fee discounts, including a full fee waiver, based on its own commercial and business practices. All these discounts are available in the Service Provider’s accounts and/or in the Commercial Terms Appendix.
4. RIGHTS AND OBLIGATIONS ON THE XPATH.GLOBAL ECOSYSTEM
4.1. In order to be able to list Services for trading on the xpath.global Platform, the Service Provider undertakes:
a. To follow the rules mentioned in the xpath.global Quality Standards Appendix;
b. To use the xpath.global marketplace as the main mean of communication between xpath.global, the Client and the Service Provider to exchange information, valid for orders and/or clients coming through the xpath.global Platform;
c. To use the Platform capabilities and/or the Client details available on the xpath.global marketplace in case they need to contact a Client regarding an Order;
d. To ensure the correct and complete information of the Clients regarding Services and Orders and to reply to xpath.global requests or to the ones coming directly from Clients regarding Orders and Services;
e. To be the only one liable to the Clients and to any other parties (where applicable) regarding the quality and compliance of the Services, including the obligation of warranty for the delivered Services, if applicable;
f. To issue the relevant fiscal documents imposed by the Regulations for all Orders and to communicate them to the Clients accompanied by any other document imposed by the Regulations with regard to the Services, and to deliver the Services, if they are accepted;
g. To hold, directly or indirectly, all relevant intellectual property rights related to the Services (including rights over the works uploaded on the xpath.global Platform), necessary for listing and trading the Services on the xpath.global Platform, guaranteeing that no third-party right is breached;
h. To be liable for the quality of the information presented and posted for each Service. In case of any non-compliance between the Service and the information presented and posted, the Service Provider is the only one liable for such differences, being entirely liable for covering any damages brought to the Client, third parties and/or xpath.global;
i. To upload on the xpath.global marketplace the Service Provider Rules for trading the Services to the Clients, prior to the date the first Order is placed, in order to be posted on their account on the xpath.global Platform;
j. Not to use the xpath.global marketplace in any abusive way (including, but not limited to placing false orders to other Service Providers, posting negative reviews on other Service Providers’ Services with no objective justification, posting reviews for their own Services, etc.) and not to try to access data and information regarding other Service Providers that are not public or accessible to the public;
k. Not to write, encourage or remunerate the posting of false reviews for their Services or for the Services of other Service Providers on the xpath.global Platform. It is considered to be a false review any non-assumed review which is not published from an account containing the name of the Service Provider, which is not the result of a purchase and use of the Service and which tries to mislead the xpath.global marketplace Clients regarding the Service quality and/or which tries to modify the ranking of the Service in category listings or search results;
l. Not to use any unauthorized automatic application that would access the xpath.global marketplace with the purpose of automatically retrieving information, thus affecting the functionality, the normal traffic and the traffic statistics of the xpath.global Platform;
m. Not to divert (non-solicitation) any Order or Client outside of the xpath.global Platform, being subject to a penalty, which is specified in Commercial Terms Appendix. Diversion includes any action/inaction through which the Service Provider:
(i) determines/attempts to determine the Client to complete the Order and implicitly to purchase the Service(s), now or in the future, through another method than through the xpath.global Platform, if this method has been the one initially accessed by the Client;
(ii) is communicating with the Clients regarding Orders and/or Services, regardless of the means (such as, but not limited to phone, SMS, e-mail) and refers them to its own website or other offline sales means for purchasing the Services, if any, or to another interface, external to the xpath.global Platform. The situation in which the Client, after completing an Order through the xpath.global Platform, decides to place another order directly to the Service Provider, the new order not having been determined by an action of the Service Provider, will not be considered diversion of Orders and/or Clients;
n. To accept the Call Center services offered by xpath.global, in order to answer questions/requests/complaints of the Clients regarding the Services and/or Orders, and communicate to this purpose the necessary information to xpath.global for answering the Clients;
o. To bear all the legal consequences resulting from the non-compliance with the Regulations or the contractual obligations that might result into sanctions for xpath.global;
p. To issue the fiscal documents by complying with the Order’s price listed on the xpath.global marketplace at the date the Order is placed. In case of price differences due to an error of the Service Provider, the latter undertakes to bear the expenses resulting from such an error;
q. To list the full price of the Services on the xpath.global Platform, including all legal charges so that the Clients to be correctly and completely informed on the cost of the Services, also mentioning if VAT or other tax is applicable and its value if applicable, as well as any other taxes and fees related to the Service, xpath.global not being held liable for the setting, collection or payment of any charge or tax related to Service Provider’s Services traded through the xpath.global Platform;
r. To understand that the delivery of the Services that are object of accepted Orders is the Service Provider’s exclusive responsibility. The Service Provider undertakes to ensure the delivery of the ordered Services to the Clients according to the xpath.global Quality Standards. The Service Provider undertakes to comply with the delivery terms stated on the xpath.global Platform as well as with the delivery location provided in the Client’s Order;
s. To solve any complaint received from the Clients and/or third parties, in accordance with Art. 5 and with xpath.global’s Quality Standards;
t. To respect all applicable data protection legislation in all their data processing activities on the xpath.global Platform, including contacting Clients, accepting and fulfilling Orders for Clients and any physical person refereed by them such as employees, agents, affiliates and consultants. This obligation includes identifying the proper applicable legislation, identifying the proper legal basis and inform them – through the Service Provider Rules – of their own applicable privacy policy on how they process the personal data. xpath.global is only a third party in this contractual relation and consequently in all personal data processed for this purpose;
u. To include in their Service Provider Rules all aspects related to cancellation, annulment or withdrawal from an Order. From the xpath.global perspective, all Orders accepted are deemed as final and any fees on those are due.
4.2. As an online intermediary provider, xpath.global undertakes the following rights and obligations:
a. Within the limit of its technical possibilities, to grant the Service Provider access on the xpath.global marketplace in order to list the Services on the xpath.global marketplace and to allow the necessary operations in order for the activity on the xpath.global Platform to be carried out;
b. To allow direct placing of Orders by the Clients and to make these Orders available to the Service Provider through the xpath.global Platform;
c. To use the xpath.global marketplace as a method of communication with the Service Provider;
d. To make available to the Clients the Call Center services in order to answer questions/requests/complaints of the Clients regarding placed Orders and/or Services;
e. To support the Clients during the post-sale period through interaction with Service Provider’s representatives or their agents regarding the Services and/or Orders;
f. To inform the general audience and potential Clients on the identity of the Service Providers and their own Service Provider Rules, as provided by the Service Provider on the xpath.global Platform;
g. xpath.global may use review mechanisms in order to obtain the feedback of the Clients for the services offered by the Service Providers and may independently decide to make them public or not. xpath.global is not responsible towards the Service Provider for this feedback and these reviews may not be used without xpath.global’s agreement;
h. To respect all EU applicable data protection legislation in all their data processing activities on the xpath.global Platform. As regards the personal data from the Service Provider account that this processed by xpath.global, all the processing details are available in xpath.global’s Privacy Policy available at https://www.xpath.global/privacy-policy
i. The right to refuse to list Services that do not comply with the xpath.global Quality Standards. The listing of the Services on the xpath.global marketplace will not represent any warranty or liability of xpath.global for those Services. Without having an obligation to monitor the uploaded content, xpath.global has the right to verify the information listed for the Services at any time and to delist the non-compliant Service or suspend the Service Provider’s account, with the proper notification of the Service Provider in this respect.
5. CLIENTS’ COMPLAINTS SETTLEMENT
5.1. The Service Provider will grant xpath.global the required support in order to provide the Clients with accurate and complete information regarding Services and Orders and will respond to xpath.global’s requests (including Clients’ complaints received through xpath.global) or to the Clients’ direct requests and complaints with respect to each Order and/or Service. If the Service Provider fails to respond to xpath.global’s/Clients’ requests within the term specified in the Quality Standards Appendix, xpath.global may provide the Clients with a response that will become binding upon the Service Provider.
5.2. The Service Provider is held liable for all of their obligations towards the Clients, also upon the termination of the contractual relationship with xpath.global based on the current Terms of Use. If the Service Provider fails to fulfill such obligations, xpath.global reserves the right to cover the damages incurred by the Clients, in which case the Service Provider undertakes to pay the amounts paid by xpath.global to the Clients, as well as any expenses/costs incurred by xpath.global in relation thereto in accordance with the Art. 8 of the current Terms of Use.
5.3. If the information provided to the Client by the Service Provider through the xpath.global marketplace is incorrect, the Client is entitled to claim the execution of the Order according to the information provided on the xpath.global marketplace or may cancel the Order placed and ask for the refund of the money, if the Order was paid; xpath.global may not be held liable for such circumstances, unless such incorrect information is the result of xpath.global’s fault. In the event of any such circumstances (save for xpath.global’s fault), the Service Provider undertakes to execute the order according to the Client’s request and to cover the costs of any damages caused to the Client and/or xpath.global.
5.4. The Service Provider will be liable for any potential damages incurred by xpath.global as a result of the lack of quality of the delivered Services and/or of the sale of the Services in breach of the legal terms and be exclusively liable, without the involvement of xpath.global, for any dispute and the consequences thereof that may arise with respect to the Clients and/or the ordered Services, save for the cases which involve in any way xpath.global’s exclusive fault. In this respect, the Service Provider is also liable for the suppliers of the Services, if the Service Provider is subcontracting the Services.
5.5. Except in the case of its own fault, xpath.global is exempted from any liability as concerns the complaints made by Clients in relation to the ordered Services. Even if xpath.global is not liable for the circumstances, which gave rise to the complaint, however, in some cases, due to the applicable legal provisions, xpath.global is under the obligation to respond to Clients’ complaints and/or the requests of the relevant competent institutions. Such complaints will be immediately notified by xpath.global and the Service Provider must provide xpath.global, within the term specified in the Quality Standards Appendix, with all information regarding the Services subject to such complaints, if such information is required to settle the complaints and, if the competent control bodies impose a time limit, within such time limit imposed by the control bodies. The Service Provider’s unreasonable refusal to provide xpath.global with the documents and/or information requested or the absence of a response from the Service Provider within the aforementioned time limit entitles xpath.global to take any actions deemed necessary for settling
such complaints, the Service Provider being obligated to fully cover any sanctions/prejudices/damages and other costs thus incurred by xpath.global.
5.6. If the complaints cause damages to xpath.global, in terms of both patrimony and public position and image, xpath.global reserves the right to terminate the current agreement by unilateral termination, with the payment of damages by the Service Provider in accordance with Art. 8 and 9.
5.7. In case a Service Provider receives a greater amount of money for a finalized order than the amount mentioned on the xpath.global Platform, the Service Provider will refund the difference to the Client in maximum 60 days from the Order Finalization date.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. The Service Provider states and warrants that they hold all the intellectual property rights necessary for listing and trading the Services (including over the works related to the description and promotion of the Services) that they offer through upload on the xpath.global marketplace and undertakes the entire liability for the promotion and marketing thereof and they are the only one liable for any breach of any intellectual property right or any other right of a third party related to the respective Services and/or to the information and/or photographs related to the Services.
6.2. The Service Provider grants xpath.global license, to communicate to the public on the Internet any copyrighted works uploaded on the xpath.global Platform, in order to promote the xpath.global marketplace and its services, for the duration of this agreement. This license includes hosting the works on the xpath.global Platform, but the communication on the Internet is not limited to the Platform and xpath.global does not assume any responsibility and will not be held liable for any Google indexing information.
6.3. Should xpath.global be notified or receive a claim from the Clients or from any third parties as to the breach of third parties’ rights related to the Services offered through the xpath.global Platform, xpath.global will send such claim or notification to the Service Provider, who is liable for solving the situation and for compensating the prejudiced Clients as well as xpath.global for any costs or damages incurred as result of the fact that the above-mentioned statement is inexact or untrue.
6.4. Should xpath.global receive a complaint or notification from any party as to a possible breach of the intellectual property rights by the Service Provider, xpath.global will be entitled to suspend or block the account of the Service Provider on the xpath.global Platform until the clarification of the situation mentioned without being held liable for any prejudices or for the loss of expected revenues.
6.5. The Service Provider admits that, during the contractual relationships, all xpath.global trademarks are the exclusive property of xpath.global and cannot be used without xpath.global’s prior express consent and only for the purposes mentioned thereof.
7. CONFIDENTIALITY
7.1. If the Service Provider is provided with a username, a password or any other piece of information as a part of our security procedures, they must treat such information as confidential. They must not disclose such information to any other person.
7.2. Either Party may not at any time now or in the future, directly or indirectly, use, publish, disseminate or otherwise disclose any confidential information, prices, discounts, concepts, or ideas to any third party without the prior written consent of xpath.global the other Party. The confidential information also includes all personal data and identity of the affiliates, commercial partners, consultants, employees of the parties, and further including, but not limited to the trading conditions, business methods, corporate plans, management systems or finances. Xpath.global will not be held liable for any actions on the part of its Clients, natural or legal persons.
8. PENALTIES
8.1. In case of a breach, without an objective written justification, of any of the above-mentioned obligations as stipulated by the current document, xpath.global will have the right to apply a penalty on the sales made by the Service Provider on the xpath.global marketplace in the value established in Art. D of the Commercial Terms Appendix.
8.2. xpath.global reserves the right to forbid the Service Provider’s access to their account on the xpath.global marketplace if the obligations undertaken by the Service Provider in accordance with the Terms of Use are not respected by the latter and this causes negative effects on the activity and image of xpath.global.
8.3 xpath.global has the right to apply the account suspension sanction for the Service Provider in case of non-compliance with any obligations stemming from the current Terms of Use. The reactivation of the Services may be made in the shortest time possible after xpath.global ascertains that the conditions that led to suspension are not applicable anymore. xpath.global will not be held liable for any prejudices or for not obtaining the expected revenues following this suspension and also, xpath.global’s right to terminate the contractual relationship under the Terms of Use will not be prejudiced.
8.4. Until the fulfilment and/or remedy by the Service Provider of any and all obligations according to the Terms of Use, xpath.global may decide, as the case may be, the temporary suspension or inactivation of Service Provider, the Service Provider having no claim in this respect.
8.5. In case there are complaints and/or notifications that the Services traded by the Service Provider do not comply with the conditions stipulated in the Terms of Use, that the prices uploaded on the xpath.global marketplace are incorrect or that the Service Provider is unable to honor the Orders placed, xpath.global reserves the right to block the respective service or services traded through the xpath.global marketplace until the clarification of the situation mentioned in the complaint/notification, without being held liable for any prejudices or for the loss of expected revenues.
9. DURATION AND TERMINATION
9.1. The Terms of Use will become effective at the date of their acceptance by the Service Provider, for an indefinite period.
9.2 The contractual relationship between xpath.global and the Service Provider under these Terms of Use will cease:
9.3. The termination of the contractual relationships, regardless of the way, has no effect on the already outstanding obligations between the Parties.
10. LIABILITY. LIMITATION OF LIABILITY.
10.1. Should either Party not comply with its obligations according to the Terms of Use (including the appendices thereto) or provided in the Regulations, the Party in default will be liable for the damages brought to the other Party or to the Clients, and the other Party will have the right to claim to the Party in default to reimburse the amounts paid according to the Orders and/or the value of the Services object of those Orders and/or the related fees, as well as any other expenses made in relation to the concerned Orders and/or to the sale of the Services.
10.2. The Parties are entitled to the entire remedy of the prejudice, regardless of its nature, suffered as result of the delayed fulfillment, improper fulfillment or non-fulfillment (total or partial) of any of the obligations undertaken according to the Terms and Conditions.
10.3. The listing of the Services on the xpath.global marketplace will be made in the manner established by xpath.global (based on a general algorithm applicable to all Service Providers in a non-discriminatory manner). xpath.global does not guarantee the Service Provider that the Services will be listed on a certain position/with a certain priority. xpath.global has the right to change the structure of the xpath.global marketplace and the display categories at any time, as well as to reclassify the Services in categories, without invoking any reason and without any prior notification; however, it shall not directly interfere with the information communicated by the Service Provider regarding the Services. xpath.global cannot be held liable for the sales or profit not obtained by the Service Provider due to the changes made by xpath.global to the structure and/or categories of the xpath.global Platform.
11. FORCE MAJEURE
11.1. Any circumstance that cannot be predicted or removed, independent from the Parties’ will, occurring during the application of the Terms of Use and that renders impossible the fulfillment of the undertaken obligations will be considered Force Majeure and will exonerate the Party invoking it from the fulfillment of that obligation.
11.2. The Party invoking the Force Majeure must inform the other Party within 10 (ten) working days as of the date of the occurrence thereof and must make available the documents attesting the Force Majeure, issued by the Chamber of Commerce and Industry of Bucharest, respectively the capital of the country where the Service Provider has their registered office, within 30 (thirty) working days as of that date.
11.3. During a Force Majeure event that hinders one or both Parties from complying with their obligations, the Parties are exonerated from the fulfillment of their obligations. Should the Force Majeure event not cease within 3 (three) months as of the notification thereof, either Party can terminate the Terms of Use.
12. NOTIFICATIONS
12.1. Any communication or notification addressed to xpath.global is valid if it is transmitted by post/courier with acknowledgement of receipt to the address: Xpath.Global SRL, Bucharest, Romania, 6 Maior Gheorghe Sontu, 2nd floor, district 1, or at office@xpath.global or via the xpath.global marketplace message center.
12.2. Any communication or notification addressed to the Service Provider by xpath.global will be sent to the contact information mentioned in Service Provider’s account on the xpath.global Platform.
12.3. The Service Provider undertakes to immediately update their contact data in its account and to inform xpath.global in case of any changes made to the identification data, address and/or fax number and/or e-mail address provided for communications, notifications or notices as well as to the contact persons/appointed representatives.
13. MISCELLANEOUS
13.1. The Terms of Use (including all the appendices thereto) are concluded only in an electronic form and constitute the entire understanding between the Parties as to the object of these Terms of Use, and replace all prior agreements between the Parties regarding the use of the xpath.global Platform.
13.2. xpath.global has the right to amend, at any time, any of the terms included in the Terms of Use (as well as in all the appendices thereto). The amendments will be made available to the Service Provider at least 15 (fifteen) calendar days prior to becoming effective. If the latter does not agree with the proposed amendments, the Service Provider can unilaterally terminate the Terms of Use in accordance with the provisions of Art. 9. If the Service Provider does not unilaterally terminate the Terms and Conditions within the above-mentioned term, it will be deemed to have accepted them at the expiry of the term. The updated versions of any of the documents part of the Terms of Use will prevail.
13.3. The documents that constitute the Terms of Use will be available in the Service Provider’s account on the xpath.global marketplace after the creation of an account and its acceptance in a way that allows the Service Provider to have access and save their content at any time.
13.4. If any provision of the Terms of Use is or becomes illegitimate, void, null, inapplicable, or unenforceable according to the Regulations or to a decision of a court of law, the legal character, validity and applicability or enforceability of the remaining provisions of the Terms of Use in their entirety will not be impaired.
13.5. The Parties agree that the non-fulfillment of any of the obligations provided in the Terms of Use may result into the notice of default of the non-fulfilling Party and may lead to the termination of the contract in accordance with the terms in Art. 9 if the Parties do not solve amicably the dispute.
13.6. The Parties agree that they will not make any public statements that might affect the other Party’s public reputation.
13.7. Any public statement of either Party related to the partnership object of the Terms of Use will be previously approved by the other Party, except for the marketing and communication activities carried out by xpath.global having as purpose the promotion of xpath.global marketplace and/or of the Services and/or the services traded through it.
14. APPLICABLE LAW. DISPUTES
14.1. The interpretation, validity and execution of the provisions of the present Terms of Use, as well as all rights and actions of the Parties in accordance with these Terms of Use will be governed by Romanian law.
14.2. Any dispute or claim arising out of these Terms of Use will be resolved by mutual agreement. In the event that it cannot be settled by mutual agreement in 30 days from the first notification, the dispute arising out of or in connection with these Terms of Use will be settled by an independent arbiter selected by both Parties. In case when the Parties do not agree in appointing an independent arbiter in 14 days, the dispute will be settled by the competent court in Bucharest.
14.3 Under the applicable legislation, you have the right to report to us any illegal content hosted on xpath.global Platform. Please note that xpath.global does not moderate or monitor the content uploaded by Services Providers or Clients on its platform.
14.4. The point of contact under Articles 11 and 12 of the EU Digital Services Act Regulation – for authorities and recipients – as well as the notification and action mechanism under Article 16 is the email address atcontact-dsa@xpath.global.
14.5 In order to receive an adequate response from xpath.global, your request under Art. 16 EU Digital Services Act Regulation must cumulatively contain at least the following:
1. A sufficiently substantiated explanation of why you claim that the information in question constitutes illegal content;
2. a clear indication of the exact electronic location of the information in question, e.g. the exact URL(s);
3. the name and e-mail address of the person submitting the notification, unless the information is deemed to involve one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU;
4. a statement confirming that the natural person or entity submitting the notification has a good faith belief that the information and claims contained in the notification are accurate and complete.
15. FINAL PROVISIONS
15.1. The present Terms of Use Service Providers must be construed and understood in connection with its appendices:
Appendix 1 – Commercial Terms
Appendix 2 – xpath.global Quality Standards
General Terms and Conditions available at www.xpath.global
Privacy Policy available at www.xpath.global
15.2. The present version of the Terms of Use was adopted by the xpath.global on 10.05.2024 and is available in the Service Providers’ accounts.
