Introduction

All products and services provided by AquaSPE AG, Zurich, Switzerland, (hereinafter called "AquaSPE") shall be subject to these Terms, unless altered or amended in writing. They shall be binding for Clients by clicking the acceptance button. All General Terms of AquaSPE’s Clients shall be deemed waived unless explicitly accepted in writing by AquaSPE.

Services and Responsibilities of AquaSPE

AquaSPE provides Client Offers (Job, Product, Service and Bid Posts) on www.thewaternetwork.com . We also provide Digital Marketing Client Services to promote our clients products, services and jobs to our network. The services are described on https://thewaternetwork.com/company-c6k/aquaspe-ag-UDBc0wGGkdw4qGwAjCixuw/product/digital-marketing-mD4--S-ww9QIU9M3Zwf2MQ and are subject to changes and alternation.

All Services provided by AquaSPE are performed in a professional manner and shall be completed in conformance with the necessary degree of skill and care that is required for the completion of such services.

AquaSPE guarantees the requisite rights to grant the rights of use of Services provided, without the need for any additional licenses, releases, consents, approvals or immunities.

AquaSPE is committed to respecting the privacy rights of all content and works according to the Swiss Data Protection Act dated June 19, 1992. All content in the internal knowledge database are considered private and are not used in any other way than specifically agreed upon. AquaSPE will protect private information from unauthorized dissemination and AquaSPE will use reasonable efforts to prevent the unauthorized disclosure of confidential information and data. Information on AquaSPE-‐ Servers are not encrypted. AquaSPE will not decrypt any Clients data. AquaSPE will not disclose to third parties the other’s private Information.

However AquaSPE does not guarantee that any content may be secured at any time and takes no responsibility for any loss of data. The Customer alone is responsible for backup of all their data.

Servers and facilities of AquaSPE are state of the art and built for 99.9% availability. Nonetheless there is no guarantee of uptime or permanently running services.

Responsibilities of Client

Client is responsible to obtain and enforce all users responsibilities as stated in the terms of use. It is also Clients’ responsibility to certify that each user has and uses only their own account.

Client is responsible and will be held liable for all content of their Supplier profile, internal Client community (if there is one) and knowledge database.

Client acknowledges that he/she is authorized to represent the company whose Supplier profile they clam and complete.

Client is responsible and held liable for any breach of ownership and copyright against AquaSPE or other Clients and users.

Client acknowledges that users of their community have full knowledge of and follow the terms of use as per the Network or community homepage.

The Client alone is responsible to designate the community, group, and content type to their community as internal or public.

Content that is published on a Client company profile or submitted as an Advertisement for an AquaSPE mailing is deemed in the public domain.

Customer agrees to indemnify and hold harmless AquaSPE and its parent and affiliates, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this contract or the failure to fulfill any obligations relating to Client accounts incurred by Client or any other person using such an account.

Customer is responsible for the backup of all his data and understands that the Internet and other various networking communications can be insecure.

Fees

AquaSPE AG is authorized to collect all client fees on behalf of The Water Network. Customer shall pay AquaSPE the fees and charges for the services as set forth on the AquaSPE ecommerce websites as modified from time to time. AquaSPE may make reasonable adjustments to fees and charges at any time.

Any payments due hereunder shall be made in advance and in the currency selected. All payments by Client to AquaSPE pursuant to this Agreement shall be made by CreditCard except explicitly agreed upon by AquaSPE or as selected by Client in the payment method on the AquaSPE website.

Client will be responsible for a late fee of 5% per year on any amount not paid when due.

Liability

AQUASPE HEREBY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND/OR REGULATION, ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED.

Ownership and Copyright

All Supplier profile content created by Client belongs to Client. Client may instruct AquaSPE staff in writing or digitally (e.g. email) to edit, delete or export such content.

All content created by Client Community members that is uploaded by Community members to the Client Community belongs to Client. Client may instruct AquaSPE staff in writing or digitally (e.g. email) to edit, delete or export such content.

Client hereby grants to AquaSPE and to recipients of works distributed by AquaSPE a perpetual, worldwide, non-‐exclusive, no-‐charge, royalty-‐free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute all works and derivative works marked as public on Clients pages.

AquaSPE acknowledges and upholds all copyrights of any content in non Client spaces on The Water Network.

Furthermore Ownership, Copyrights and other intellectual properties of AquaSPE and other intellectual property rights on this Website are registered items of AquaSPE AG and/or its direct or indirect subsidiaries. All material available on the Site, except where otherwise explicitly noted, is under copyright of AquaSPE. AquaSPE will enforce such rights to the full extent of applicable law. Downloading, copying or printing individual pages and/or parts of the Website is allowed for personal use only, and will not transfer title to any software or material on the Website. Explicit attribution to AquaSPE must be made in the event that the material, or any part thereof, is reproduced in any form, written or electronic. Furthermore, any reproduction, re-‐publication or distribution of this material requires the express consent of AquaSPE.

Duration and Termination

This contract shall commence upon submission of the ecommerce purchase form, after which Client will receive an Email with all necessary information. The contract will be terminated in accordance with this section. It shall continue for the subscription period (Term) thereafter unless terminated in accordance with this section.

Either party shall be able to terminate this agreement by sending a written notice to the other party in advance of the end of the term as indicated on the ecommerce portal otherwise the term of the agreement shall automatically be extended

In the event that either party becomes insolvent or is unable to pay its debts as they become due, then the other party shall have the right to immediately terminate this Agreement, without prejudice to its other rights or remedies, by written notice of such election.

If client is in material breach of its obligations hereunder, which breach (if curable), remains uncured for thirty (30) days following notice from AquaSPE specifying the breach, AquaSPE shall have the right to immediately terminate this Agreement, without prejudice to its other rights or remedies, by written notice of such election.

In the event of non-‐payment of fees AquaSPE may terminate service with a 30-‐day email notice to the latest available email address. Client explicitly agrees that the full amount still due shall remain to be paid.

AquaSPE does not make refunds for the partial fulfillment of contracts.

Entire contract. Construction

This contract and its amendments supercedes all contracts and agreements previously made between the parties pertaining to the subject matter of this contract.

If for any reason a court of competent jurisdiction finds any provision of this contract, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this contract shall continue in full force and effect

Applicable Law and place of jurisdiction

This legal relationship is subject to Swiss law. The place of jurisdiction is the appropriate court in Zurich (Switzerland).