1. Definitions and interpretation

1.1In this Agreement the following terms have the following meanings:

Agreement

these Terms of Service together with the Order, as each may be varied in accordance with clause 16.

Alert

a notification sent by the Provider to the Customer that a change has been observed in the Source Material relating to an entry on the Watch List, as described in clause 2.

Customer

the business identified in the Order. The Service is offered to businesses only; a person placing an Order warrants that it does so in the course of a business and has authority to bind that business.

Day-One Report

the initial status report described in clause 2.3.

Fees

the charges for the Subscription set out in clause 7.

Order

the Customer’s request for a Subscription, made through the order form on the Provider’s website or by email, together with any Watch List supplied with it. An Order is accepted when the Provider issues the first invoice for it.

Provider

Glib Logosh, a natural person trading in his own name, of Bar, Montenegro. The Provider’s full postal address is stated on every invoice and is available on request.

Record

an entry held by the Provider recording what the Source Material stated about a carrier on a given date, together with the date on which the Provider read it, and any subsequent entry recording a change or the absence of a change.

Service

the monitoring, notification and record-keeping service described in clause 2, including the free single lookup described in clause 2.5, and the website through which they are offered.

Source Material

operator-authorisation information concerning road transport operators that is published by a competent national authority and made publicly available by it, in whatever form and under whatever terms it is published from time to time.

Subscription

the Customer’s paid entitlement to the Service for the Term in respect of its Watch List.

Term

the period of the Subscription, as determined under clause 8.

Tier

the level of Subscription selected in the Order, being either the Watch Tier or the Record Tier, as described in clause 2.8.

Watch List

the list of carrier identifiers supplied by the Customer to the Provider for monitoring under the Subscription, as amended by the Customer from time to time.

1.2Clause headings do not affect interpretation. Words in the singular include the plural and vice versa. “Including” and similar expressions are illustrative and do not limit the sense of the preceding words. A reference to a clause is to a clause of these Terms. A reference to a law or a directive is to it as amended, re-enacted or replaced from time to time, and to any national measure implementing it.

1.3If there is any conflict between these Terms and the Order, these Terms prevail, except that the Order determines the identity of the Customer, the Tier selected, the billing period selected, the payment method selected and the email address to which Alerts and invoices are sent.

1.4The plain-English summary at the head of this document is provided for convenience. It does not form part of the Agreement and does not affect the interpretation of any clause.

2. The Service

2.1Subject to payment of the Fees and to the Customer’s compliance with this Agreement, the Provider will during the Term:

1. accept the Watch List from the Customer and any amendments to it;
2. compare each entry on the Watch List against the Source Material as published from time to time;
3. send an Alert to the Customer’s nominated email address when the Provider observes a change of a kind described in clause 2.2 in respect of an entry on the Watch List;
4. create and retain Records in respect of each entry on the Watch List from the date on which that entry is added to it; and
5. where the Record Tier has been selected, make those Records available to the Customer for the duration of the Term, including in a form that the Customer can export and retain.

2.2The kinds of change that give rise to an Alert are: that the authorisation of an entry is recorded in the Source Material as suspended or curtailed; that the number of vehicles the entry is authorised to operate is recorded as reduced; that the entry ceases to appear in the Source Material; that an entry which had ceased to appear in the Source Material appears in it again; and such other changes to the published authorisation of an entry as the Provider elects to notify from time to time.

2.3On acceptance of an Order and receipt of the Watch List, the Provider will send the Customer a Day-One Report stating, for each entry on the Watch List, what the Source Material then stated about it, or that the entry could not be matched. The Day-One Report is provided free of charge and its delivery does not depend on payment of the first invoice.

2.4Alerts are sent by email to the address stated in the Order. A single Alert may report several changes and several entries. The Provider is not obliged to send an Alert on any day on which no change of a kind described in clause 2.2 has been observed.

2.5The Provider also offers a free single lookup, under which a visitor to the website may submit one carrier identifier and receive by email a statement of what the Source Material then states about it, or that it could not be matched, or, where the identifier appears to belong to a jurisdiction the Provider does not yet monitor, a single email when the Provider begins to monitor it. The website itself holds no Source Material and performs no search; it recognises only the form of the identifier entered. No Subscription, account or continuing obligation arises from a free lookup. The email address supplied for a free lookup is used to send that one message and is then discarded. Clauses 3, 4, 5, 9, 10, 13, 14 and 18 apply to the free lookup and to any result of it.

2.6The Provider may add to, vary or withdraw the jurisdictions and categories of Source Material against which it monitors Watch List entries, and may vary the manner in which Alerts and Records are presented, at any time. Clause 3.4 applies to any such variation. Where a variation removes from monitoring a jurisdiction on which entries of the Customer’s Watch List depend, the Provider will notify the Customer by email and the Customer may cancel under clause 8.3.

2.7The Provider will use reasonable endeavours to make the Service available continuously, but may suspend it for maintenance, for reasons of security, or where the publication of Source Material on which it depends is interrupted, and will restore it as soon as reasonably practicable.

2.8The Subscription is offered in two Tiers. The Watch Tier comprises the services described in clause 2.1(a) to (d) and the Day-One Report. The Record Tier comprises the same services and, in addition, the service described in clause 2.1(e). Each Alert states the dates described in clause 5.2 whichever Tier has been selected; access to the Records themselves, and the right to export them, is provided under the Record Tier only.

3. What the Service is not

3.1The Service is an information service. It does not constitute, and must not be relied on as, legal, compliance, regulatory, credit, financial or insurance advice, or advice of any other kind. Where the Customer requires advice it should obtain it from a suitably qualified adviser.

3.2Nothing in the Service is a certification, accreditation, endorsement, rating or guarantee of any carrier’s fitness, solvency, insurance, competence, identity, conduct or performance, or of the existence or continuation of any authorisation. A Record or an Alert states only what the Source Material stated on a given date, as read by the Provider on the date shown.

3.3The Service is not a substitute for the Customer’s own statutory, regulatory or contractual obligations, including any duty under applicable law to satisfy itself that a carrier holds a valid authorisation before or during an engagement. The Customer remains solely responsible for the discharge of those obligations, and for deciding what, if any, action to take on receipt of an Alert.

3.4The Provider makes no representation that any particular register, jurisdiction, category of authorisation or record is included in the Service at any given time. Statements on the Provider’s website about the countries it watches describe the Provider’s activity at the date of publication and are not a warranty as to any future date. Where a Watch List entry cannot be matched to any Source Material the Provider monitors, the Provider will say so in the Day-One Report and will not monitor that entry. The Provider does not represent that any Record exists in respect of an entry for any period before the date on which that entry was added to the Watch List.

3.5The Service does not detect, prevent or insure against fraud, theft, impersonation or any other criminal or wrongful act. A valid authorisation is not evidence that a person presenting it is the holder of it.

3.6The absence of an entry from the Source Material, or its removal from it, is recorded by the Provider as such and as nothing more. The Provider does not state or imply any reason for a change in the Source Material, and no Record or Alert should be read as doing so.

4. Source Material and attribution

4.1The Service is derived from Source Material: publicly available operator-authorisation information published by competent national authorities. The Provider does not create Source Material, does not act for and is not endorsed by any authority that publishes it, and has no influence over what is published, when, or in what form. The Provider does not identify on its website, in Alerts or in Records which publication, register or authority any particular item of Source Material is drawn from, except to the extent that the terms of publication require and clause 4.3 provides, and the Customer acknowledges that the identity of the Provider’s sources and the methods by which it reads them form part of the Provider’s confidential information under clause 11. If the terms under which any Source Material is published change so that the Provider can no longer lawfully reproduce it, or the publication of that Source Material is suspended or ceases, the Provider may cease to monitor the affected entries and to make the affected Records available, and will notify the Customer by email; clauses 2.6 and 8.5 then apply.

4.2The Provider reproduces Source Material subject to the terms under which it is published, and asserts no right in the underlying public information beyond those terms. The Provider’s rights under clause 9 in the compilation, structure, selection, arrangement and dated history of the Records are independent of, and do not limit, the terms under which the underlying Source Material is published, and nothing in this Agreement grants the Customer any right in Source Material beyond the rights that the terms of its publication confer on the public generally. Where those terms require attribution, the Provider gives it in the form set out in clause 4.3, and the attribution notices so required are available at all times at the address of this page followed by #/terms/4.3 and are set out in full at clause 4.3. The notices are reproduced in the form the applicable terms require and do not identify the publication to which each relates. The Customer acknowledges that the underlying public information contained in a Record remains subject to the terms of its publication, that if the Customer itself republishes such information it is responsible for complying with those terms, including any attribution requirement, and that it may satisfy such a requirement by reproducing the relevant notice from clause 4.3 or by reference to clause 4.3 of these Terms.

5. Accuracy

5.1Records reproduce Source Material as published. The Provider does not verify, correct, supplement or interpret Source Material, and a Record is accurate if it faithfully records what the Source Material stated on the date shown, whether or not the Source Material was itself accurate on that date.

5.2The timing and content of any publication in the Source Material are determined solely by the authority that publishes it. The date on which the Provider read a publication is recorded on each Record and Alert; the Provider gives no assurance as to the interval between publication and reading beyond what is shown by those two dates.

5.3The absence of an Alert is not a representation that no change has occurred in the authorisation or circumstances of any carrier. In particular, a change that has not been published in the Source Material, or that has been published in a form the Provider does not monitor, will not give rise to an Alert.

5.4The Customer is responsible for the accuracy of the identifiers on its Watch List. The Provider matches entries to Source Material by identifier. An entry that cannot be matched, or that matches more than one item of Source Material, will be reported as such and will not be monitored until the Customer supplies an identifier that can be matched.

5.5The Provider does not alter a Record to reflect a correction to Source Material unless the correction is itself published in the Source Material, in which case the correction is recorded as a new Record and the earlier Record is retained.

6. Customer obligations

6.1The Customer shall supply a Watch List that is accurate and that it is entitled to supply, and shall keep it up to date. The Customer may add and remove entries at any time during the Term without limit on their number.

6.2The Customer shall use the Service lawfully and in accordance with clause 10, and shall ensure that any of its employees, agents and contractors who have access to Alerts or Records do likewise.

6.3The Customer remains solely responsible for its own regulatory duties, including any duty under applicable law to verify that a carrier it engages holds a valid authorisation, and acknowledges that the Service is an aid to the discharge of those duties and not a discharge of them.

6.4The Customer shall keep the email address to which Alerts are sent in working order and shall notify the Provider of any change to it. An Alert is deemed received when it is sent to that address. The Provider is not responsible for an Alert that is not read, is filtered, or is delayed by the Customer’s systems or those of its email provider.

6.5The Customer shall provide accurate billing information, including its legal name, address and, where applicable, its VAT identification number, and shall notify the Provider promptly of any change.

7. Fees, invoicing and taxes

7.1The Fees for the Subscription depend on the Tier and the billing period selected in the Order: for the Watch Tier, €129 per month or €1,290 per year; for the Record Tier, €299 per month or €2,990 per year. In each case the Fees cover an unlimited number of Watch List entries, and the yearly Fee is ten times the monthly Fee for twelve months of Subscription. The Fees are stated exclusive of any value added tax or similar tax.

7.2The Provider invoices the Fees in advance for each billing period. The first invoice is issued on acceptance of the Order; each subsequent invoice is issued before the start of the billing period to which it relates. Invoices are sent by email to the address stated in the Order.

7.3The Customer shall pay each invoice by the due date stated on it, by SEPA bank transfer to the account stated on the invoice or, where the Order so specifies, by card in accordance with the instructions on the invoice. Payment is made when the Provider receives cleared funds. The Customer bears its own bank charges.

7.4Where the Customer is a business established in a Member State of the European Union and has supplied a valid VAT identification number, the Provider invoices at 0% VAT under the reverse charge mechanism, and the Customer accounts for the VAT due in its own Member State in accordance with Article 196 of Council Directive 2006/112/EC and the national law implementing it. The Customer warrants that any VAT identification number it supplies is its own and is valid, and shall indemnify the Provider against any tax, penalty or interest arising from an incorrect or invalid number.

7.5Where the Customer is established outside the European Union, or has not supplied a valid VAT identification number, the Customer is responsible for any tax, duty or withholding applicable to the Fees in its own jurisdiction, and shall pay the Fees without deduction.

7.6If an invoice remains unpaid after its due date, the Provider may send a reminder and, if the invoice remains unpaid after the reminder, suspend the Service until payment is received. Suspension does not extend the Term and does not relieve the Customer of the obligation to pay. The Provider may charge interest on overdue sums at the statutory rate applicable to commercial transactions in the governing law under clause 18, and may recover the reasonable costs of collection.

7.7The Provider may change the Fees by giving the Customer notice by email. A change takes effect on the first renewal of the Term after the notice, and the Customer may cancel under clause 8.3 before that renewal if it does not accept the change.

7.8The free lookup and the Day-One Report are provided without charge and no invoice is issued for them.

7.9The Customer may change Tier by email. A change of Tier takes effect at the start of the billing period that follows the request, unless the Provider agrees in writing to an earlier date and invoices the corresponding difference in Fees. Where the Record Tier ceases, clause 8.7 applies to the Records as at the date on which it ceases.

8. Term, renewal and cancellation

8.1The Term begins on the date on which the Provider receives payment of the first invoice and continues for the billing period selected in the Order.

8.2At the end of each billing period the Term renews automatically for a further period of the same length, unless either party has cancelled under this clause 8 before the end of the current period.

8.3The Customer may cancel the Subscription at any time by sending an email to info@haulierwatch.com from the email address stated in the Order. Cancellation takes effect at the end of the billing period that has been paid for. The Service continues until then. The Provider will acknowledge a cancellation by email; if no acknowledgement is received, the Customer should send the cancellation again.

8.4No refund, credit or pro-rata reduction of the Fees is made for the unexpired part of a billing period, whether on cancellation by the Customer, on termination by the Provider under clause 8.6, or otherwise, save where clause 8.5 applies.

8.5If the Provider withdraws the Service entirely, or ceases under clause 4.5 to monitor every entry on the Customer’s Watch List, the Provider will refund the part of the Fees paid that relates to the unexpired part of the current billing period. This is the Customer’s sole remedy for such withdrawal.

8.6The Provider may terminate the Agreement with immediate effect by email if the Customer commits a material breach of clause 10, or commits any other material breach and does not remedy it within a reasonable period after being asked in writing to do so, or becomes insolvent or ceases to carry on business. The Provider may otherwise decline to renew the Term by giving the Customer notice by email before the renewal date.

8.7On the end of the Term for any reason, the Provider will stop sending Alerts and the Customer’s right to access Records under clause 9.3 ends. Where the Record Tier was in force, the Provider will, on a request made before the end of the Term, supply the Customer with a copy of the Records relating to its Watch List as at the end of the Term, in a common electronic format. Clauses 3, 4, 5, 9, 10, 11, 12, 13, 14, 15, 17 and 18 survive the end of the Term.

9. Intellectual property and database rights

9.1The Provider owns, or is licensed to use, all intellectual property rights in the Service, the software and systems by which it is provided, the website, the form and presentation of Alerts and Records, and the name and marks under which the Service is offered.

9.2The Provider owns the compilation, structure, selection, arrangement and dated history of the Records, in which the Provider asserts the sui generis database right under Directive 96/9/EC and its national implementations, and any equivalent right under any other law, independently of any rights in the underlying public information. The Customer acknowledges that the Provider has made a substantial investment in obtaining, verifying and presenting the contents of that database.

9.3The Provider grants the Customer, for the Term, a non-exclusive, non-transferable licence to receive Alerts and, under the Record Tier, to access, export, store and use Records relating to its Watch List, in each case for the Customer’s own internal business purposes, including producing a Record to an insurer, a client, an auditor, a regulator or a court in connection with the Customer’s own business, and including retaining copies of Records obtained during the Term after it ends for those purposes.

9.4Except as set out in clause 9.3, no right in the Service or the Records is granted to the Customer, and all rights not expressly granted are reserved.

9.5Nothing in this clause 9 asserts any right in the underlying public information contained in the Source Material, which remains subject to the terms of its publication as described in clause 4.

9.6If the Customer provides suggestions or feedback about the Service, the Provider may use them without restriction or payment.

10. Acceptable use

10.1The Customer shall not, and shall not permit or assist any third party to:

1. access the Service or obtain Records or Alerts by any automated means, including crawling, scraping, scripted requests or systematic retrieval, other than the receipt of Alerts by email;
2. download, copy or extract Records in bulk, or extract or re-utilise the whole or a substantial part of the contents of the Provider’s database, evaluated qualitatively or quantitatively;
3. carry out repeated and systematic extraction or re-utilisation of insubstantial parts of the contents of the Provider’s database where this conflicts with the normal exploitation of that database or unreasonably prejudices the legitimate interests of the Provider, and in particular shall not make more than incidental extraction of any substantial part of the database, whether by repeated extraction of insubstantial parts or otherwise;
4. sell, resell, license, sublicense, rent, lend, publish, distribute or otherwise make available Records or Alerts to any third party, other than as permitted by clause 9.3;
5. use the Service, Records or Alerts to build, train, benchmark, validate or populate any product, service, dataset, model or database that competes with or substitutes for the Service, or to assist any third party to do so;
6. reverse engineer, decompile, disassemble or otherwise attempt to discover the sources, methods, software or systems by which the Service is provided;
7. circumvent, disable or interfere with any rate limit, access control or security feature of the Service, or access the Service by any means other than those the Provider makes available;
8. submit to the Watch List, or to the free lookup, identifiers that the Customer is not entitled to submit or that are submitted for a purpose other than the Customer’s own monitoring of carriers it engages or proposes to engage;
9. remove, obscure or alter any attribution notice, proprietary notice or date appearing on a Record or Alert; or
10. use the Service in any way that is unlawful, that infringes the rights of any person, or that is inconsistent with the terms under which Source Material is published.

10.2The Provider may monitor use of the Service for compliance with this clause 10 and may suspend or terminate the Service under clause 8.6 if it reasonably believes that this clause has been breached. The restrictions in clause 10.1 apply during the Term and continue after it in respect of any Records or Alerts obtained during it.

11. Confidentiality

11.1Each party shall keep confidential all information of a confidential nature that it obtains from the other in connection with this Agreement, shall use it only for the purposes of this Agreement, and shall not disclose it to any third party except to its employees, professional advisers and, in the Customer’s case, the persons described in clause 9.3, in each case to the extent necessary and subject to equivalent obligations of confidence.

11.2The Customer’s Watch List, and the fact that a particular carrier is on it, are confidential information of the Customer. The Provider’s sources, methods, systems, pricing arrangements and any non-public information about the Service are confidential information of the Provider.

11.3Clause 11.1 does not apply to information that is or becomes public other than through a breach of this Agreement, that the receiving party already lawfully held, that it obtains from a third party free of any obligation of confidence, or that it is required to disclose by law, by a court or by a regulator, provided that where lawful it gives the other party prompt notice of the requirement.

11.4The obligations in this clause 11 continue after the end of the Term for so long as the information concerned remains confidential.

12. Data protection

12.1The Provider processes the contact details of the Customer’s representatives — name, business email address and, where supplied, telephone number — for the purposes of providing the Service, sending Alerts and invoices, administering the Agreement and complying with the Provider’s accounting obligations. The Provider is the controller of that data. Its legal basis is the performance of this Agreement and, for accounting records, compliance with a legal obligation.

12.2Watch List identifiers are identifiers of businesses. Where an identifier relates to a sole trader, the Provider processes it only as a business identifier for the purpose of monitoring that business’s authorisation on the Customer’s instruction.

12.3Individual-level personal data that appears in Source Material — for example the names of individual transport managers or the personal addresses of individuals — is removed by the Provider before storage and does not form part of the Records.

12.4The Provider does not publish, sell, rent or otherwise make available Customer data, including the Watch List, to any third party, other than to processors engaged to provide email delivery, payment processing and hosting under written terms that restrict their use of the data to those purposes, and other than where required by law.

12.5Contact data is retained for the Term and thereafter for as long as the Provider is required to retain accounting records by law, and is then deleted. The email address supplied for a free lookup is used to send that one message and is then discarded. The website sets no cookies and runs no analytics.

12.6Individuals whose data the Provider processes may exercise the rights available to them under applicable data protection law, including access, rectification, erasure and objection, by writing to info@haulierwatch.com.

13. Warranties and disclaimers

13.1Each party warrants that it has the authority to enter into this Agreement.

13.2The Provider warrants that it will provide the Service with reasonable skill and care. Subject to that warranty, and to the fullest extent permitted by law, the Service, the Records and the Alerts are provided “as is” and “as available”, and all other warranties, conditions and terms, whether express or implied by statute, common law or otherwise, including any warranty of satisfactory quality, fitness for a particular purpose, accuracy, completeness or non-infringement, are excluded.

13.3The Provider does not warrant that the Service will be uninterrupted or error-free, that every change in the Source Material will be observed or notified, that any Source Material will continue to be published, or that the Service will meet the Customer’s requirements or satisfy any regulatory obligation of the Customer.

13.4The Customer acknowledges that it has not relied on any statement, representation or warranty not set out in this Agreement, and that the Provider’s website describes the Service in general terms which are qualified by these Terms.

14. Limitation of liability

14.1Nothing in this Agreement excludes or limits either party’s liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.

14.2Subject to clause 14.1, the Provider is not liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any indirect or consequential loss, or for any loss of profit, revenue, business, contracts, goodwill or anticipated savings, or for any loss arising from the Customer’s engagement of, or dealings with, any carrier, or from any claim made against the Customer by a third party in connection with a carrier, in each case whether or not foreseeable and whether or not the Provider was advised of the possibility of it.

14.3Subject to clauses 14.1 and 14.2, the Provider’s total aggregate liability to the Customer arising out of or in connection with this Agreement in any period of twelve months is limited to the Fees paid by the Customer to the Provider in the twelve months preceding the event giving rise to the claim. Where no Fees have been paid, including in respect of the free lookup and the Day-One Report, the Provider’s liability is excluded to the fullest extent permitted by law.

14.4The Customer acknowledges that the Fees have been set on the basis of the exclusions and limitations in clauses 13 and 14, and that those exclusions and limitations are reasonable having regard to the nature of the Service as a reproduction of information published by others, and to the Customer’s ability to verify that information itself.

15. Indemnity

15.1The Customer shall indemnify the Provider against all liabilities, costs, expenses, damages and losses, including reasonable legal fees, suffered or incurred by the Provider arising out of or in connection with any claim made against the Provider by a third party, or any action taken by an authority that publishes Source Material, in each case arising from the Customer’s use of Records or Alerts in breach of clause 10 or otherwise in breach of the terms under which Source Material is published.

15.2The Provider will notify the Customer promptly of any such claim, will allow the Customer to conduct the defence and settlement of it at the Customer’s cost, and will give the Customer reasonable assistance in doing so, provided that the Customer does not settle any claim in a way that admits fault on the Provider’s part or imposes any obligation on the Provider without the Provider’s written consent.

16. Changes to these Terms

16.1The Provider may change these Terms by giving the Customer notice by email to the address stated in the Order, setting out the changed Terms or the address at which they can be read.

16.2Changed Terms take effect on the first renewal of the Term after the notice is sent. The Terms in force at the start of a billing period continue to apply for that period. If the Customer does not accept the changed Terms it may cancel under clause 8.3 before the renewal, and the changed Terms will not apply to it.

16.3A change that is required by law, or that only adds jurisdictions or categories of Source Material or otherwise increases what is provided for the same Fees, may take effect on the date stated in the notice.

17. General

17.1Force majeure. Neither party is liable for any failure or delay in performing its obligations, other than an obligation to pay, that results from circumstances beyond its reasonable control, including the interruption, suspension or cessation of publication of any Source Material by the authority that publishes it, failure of telecommunications or hosting services not operated by that party, industrial action, epidemic, governmental action, or act of God. The affected party shall notify the other and shall resume performance as soon as reasonably practicable.

17.2Assignment. The Customer may not assign, transfer or subcontract any of its rights or obligations under this Agreement without the Provider’s prior written consent. The Provider may assign or transfer this Agreement to any successor to its business, or to a company controlled by the Provider, on notice to the Customer.

17.3Severability. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be applied to the fullest extent permitted, or if it cannot be so applied shall be treated as deleted, and the remaining provisions shall continue in full force.

17.4Entire agreement. This Agreement is the entire agreement between the parties in relation to its subject matter and supersedes all previous agreements, representations and understandings between them, whether written or oral, relating to it. Nothing in this clause limits liability for fraud.

17.5Waiver. A failure or delay by either party in exercising any right or remedy under this Agreement does not constitute a waiver of it, and no single or partial exercise of any right or remedy precludes any further exercise of it or of any other right or remedy.

17.6Notices. Notices under this Agreement shall be given by email: to the Customer at the address stated in the Order, and to the Provider at info@haulierwatch.com. A notice is deemed received on the day it is sent, or, if sent on a day that is not a business day in the recipient’s place of business, on the next business day. The Provider’s full postal address is available on request and is stated on any invoice.

17.7Third parties. No person other than the parties has any right to enforce any term of this Agreement.

17.8Relationship. Nothing in this Agreement creates a partnership, joint venture or agency between the parties, and neither party has authority to bind the other.

17.9Language. This Agreement is made in English. Any translation is for convenience only, and the English text prevails.

18. Governing law and jurisdiction

18.1This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation, including non-contractual disputes or claims, is governed by the law of Montenegro.

18.2The courts of Montenegro have exclusive jurisdiction to settle any such dispute or claim, save that the Provider may bring proceedings to recover unpaid Fees in the courts of the place where the Customer is established.

18.3Nothing in this clause 18 deprives the Customer of the protection of any mandatory provision of the law of the place where it is established that cannot be excluded by agreement.

19. Contact

19.1Questions about these Terms, cancellations under clause 8.3, requests under clause 12.6 and notices under clause 17.6 should be sent to info@haulierwatch.com.

19.2The Provider is Glib Logosh, a natural person trading in his own name, of Bar, Montenegro. His full postal address is available on request and is stated on every invoice.