BY REGISTERING FOR AND USING THE FIELD AGENT PLATFORM, YOU CERTIFY THAT (1) YOU ARE AT LEAST 18 YEARS OLD; (2) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT AND BIND YOURSELF; (3) YOU AUTHORIZE THE ELECTRONIC TRANSFER OF FUNDS TO YOUR PREFERRED PAYMENT METHOD IN ACCORDANCE WITH SECTION 4 OF THIS PARTICIPATION AGREEMENT; AND (4) YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE TERMS AND CONDITIONS OF THE PAYMENT SERVICE DESCRIBED IN SECTION 4 AND ALL APPLICABLE POLICIES, PROCEDURES AND GUIDELINES. This Participation Agreement (the "Agreement") is between you and Field Agent (as defined below) and governs your and Field Agent's respective rights and obligations with respect to your performance of certain Services (defined below) on or through the Platform (as defined below).
For purposes of this Agreement, (a) "Field Agent", "we", "us" or "our" means Field Agent South Africa, (b) "Site" means the Field Agent website located at www.fieldagentsa.com, and any successor or replacement websites, (c) "App" means the Field Agent mobile app, available on the App Store or Google Play, (d) "Services" means any service that you provide to Clients on or through the Platform, (e) "Affiliate" means any entity controlled by, in control of, or under common control with Field Agent, (f) "Client" means a client of Field Agent that uses the Platform to request that an Agent perform certain, specified Services, (g) "Agent", “you” or “your” means you, if you use the Platform to perform Services for a Client as an independent contractor, and (h) “Platform” means the Site and the App, and any other software or programs offered by Field Agent.
This Agreement consists of the terms and conditions set forth in this document together with all applicable policies, procedures and/or guidelines that appear on the Site from time to time (collectively, the "Policies" which are hereby incorporated by this reference into, and made part of, this Agreement). Field Agent reserves the right to change any of the terms and conditions contained in this Agreement and/or any Policies governing the Platform, at any time, at its sole discretion. Any changes will be effective upon posting of the Agreement or Policies on the Site and may be made without any other notice of any kind. You are at all times responsible for reading and understanding each version of this Agreement and the Policies.
YOUR CONTINUED USE OF THE PLATFORM FOLLOWING FIELD AGENT'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT (INCLUDING TO ANY OF THE POLICIES INCORPORATED HEREIN), DO NOT CONTINUE TO USE THE PLATFORM.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, IN PERFORMING SERVICE FOR CLIENTS PURSUANT TO THE TERMS OF THIS AGREEMENT, YOU ARE ACTING AS AN INDEPENDENT CONTRACTOR, AND NOT AS AN EMPLOYEE OF FIELD AGENT, CLIENT OR ANY OTHER ENTITY. YOU AGREE TO PERFORM THE SERVICES IN ACCORDANCE WITH THE GENERAL GUIDELINES PRESCRIBED FROM TIME TO TIME BY FIELD AGENT OR THE APPLICABLE CLIENT, BUT FIELD AGENT SHALL HAVE ABSOLUTELY NO SPECIFIC CONTROL OR DIRECTION OVER YOUR PARTICULAR MEANS, METHODS AND/OR PROCEDURES FOR PERFORMING THE SERVICES. ACCORDINGLY, YOU ARE EXCLUSIVELY AND ABSOLUTELY IN CONTROL OF THE TIME, PLACE AND METHOD OF THE PROVISION OF THE SERVICES. YOU, HOWEVER, AGREE TO ACT IN A FAITHFUL, DILIGENT, AND PROFESSIONAL MANNER IN YOUR PERFORMANCE OF THE SERVICES AND TO BE COURTEOUS AND CONSIDERATE TO FIELD AGENT AND ITS CLIENTS, INCLUDING THE EMPLOYEES AND REPRESENTATIVES OF EACH, AND TO THE EMPLOYEES, REPRESENTATIVES AND CUSTOMERS OF THE STORES, LOCATIONS AND BUSINESSES IN WHICH SERVICES MAY BE PERFORMED, SO AS TO MAINTAIN FIELD AGENT’S GOODWILL IN THE COMMUNITY. FAILURE TO ABIDE BY THE FORGOING PROVISIONS MAY RESULT IN THE REVOCATION OF YOUR ABILITY TO PERFORM SERVICES PURSUANT TO THIS AGREEMENT.
- Registration: When you register with the Platform, you will be asked to provide us with, at a minimum, your name, phone number and a valid email address. Agents may also be asked to provide demographic information and certain tax information upon request. You agree to provide us with true and accurate information, and to update that information to the extent it changes in any way. When registering or updating your information, you will not impersonate any person or use a name that you are not legally authorized to use.
- Communication: You consent to us sending you notifications (if any), approvals (if any), and other communications relating to the Services and this Participation Agreement via the email address or phone number then-currently associated with your Agent account. You will be deemed to have received all notifications, approvals, and other communications sent via that email address or phones number, even if the email address or phone number associated with your account is no longer current.
- Passwords and Account Use: You are solely responsible for maintaining the secrecy and security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on the Platform. If your password is compromised, you must change your password.
2. Field Agent's Role
Field Agent provides the Platform and associated services for the purpose of facilitating the performance of Services by Agents according to the specific needs and requests of Clients. Field Agent has no direct control over the quality, safety or legality of the requested Services, the ability of Agents to provide the Services to Clients' satisfaction, or the ability of Clients to pay for Services; provided, Field Agent may screen Agents to verify their qualifications or abilities with respect to specific Services requested by Clients. We are not responsible for the actions of any Agent, and, as an Agent, you use the Platform at your own risk.
3. Your Use of the Platform
- Agents in General: You may only register once as an Agent with Field Agent. You may only access your Agent account from one device at any given time. Provided that the Agent meets the qualifications established by Client for certain Services, if any, Agents may perform Services for any Client in accordance with the specifications submitted by the Client. However, if the Services do not meet the Client's reasonable satisfaction, Field Agent may reject the Services and repost the specific request on behalf of the Client. As an Agent, the Client for whom you provide Services is your client, and as such, you agree that the work product of any Services you perform is deemed a "work made for hire" for the benefit of the Client, and all ownership rights, including worldwide intellectual property rights, will vest with the Client immediately upon your performance of the Service. To the extent any such rights do not vest in Client under applicable law, you hereby assign or exclusively grant (without the right to any compensation) all right, title and interest, including all intellectual property rights, to such work product to the Client. As an Agent, you are performing Services for a Client in your personal capacity as an independent contractor and not as an employee of the Client or of Field Agent. You specifically acknowledge and agree to the following: (i) you will not use robots, scripts or other automated methods to complete the Services; (ii) you will submit all work product through the App only, and not directly to a Client, or to Field Agent, including through the use of email or other electronic communication channel with any employee, agent or representative of Client or Field Agent; (iii) you will provide Clients for whom you perform Services with any information reasonably requested by them in connection with your performance of such Services; (iv) you are responsible for, and will, comply with all applicable laws and registration requirements, including those applicable to independent contractors and maximum working hours regulations; (v) this Agreement does not create an association, joint venture, partnership or franchise, employer/employee relationship between Agents and Clients, or Agents and Field Agent; (vi) you will not represent yourself as an employee or agent of a Client or Field Agent; (vii) you will not be entitled to any of the benefits that a Client or Field Agent may make available to its employees, such as vacation pay, sick leave, insurance programs, including group health insurance or retirement benefits; and (viii) you are not eligible to recover worker's compensation benefits in the event of injury. If you have any questions about your obligations to comply with local laws and regulations pursuant to Section 5, you should seek independent legal advice. Any attempt to alter, forge, fake, transpose, recreate, modify, cheat, or otherwise misconstrue Agent’s performance of the Services will result in a permanent disqualification from performing any Services utilizing the Platform and the forfeiture of any compensation due to Agent, which shall be in addition to any other remedy to which either Client or Field Agent may be entitled, or otherwise, at law or in equity.
- Listing and Promotions Generally: As an Agent, you may not provide any Service that violates applicable law or is prohibited by the Policies. Notwithstanding any provision of this Agreement, Field Agent will have the right, in its sole discretion, to determine the content, appearance, design, functionality and all other aspects of the Platform (including the right to re-design, modify, remove and alter the content, appearance, design, navigation, functionality, and other aspects of the Site and App and/or any page thereof and any element, aspect, portion or feature thereof, from time to time).
4. Payment Service
- Information and Feedback: You must supply accurate and complete information for all Services in accordance with our data requirements, as may be designated by us from time to time, included in the Policies. You recognize and agree that Field Agent will implement mechanisms allowing us and others to track your performance of Services and rate your performance as an Agent, and Field Agent reserves the right to collect feedback regarding your performance and to post such feedback on the Platform. You may not take any actions that may undermine the integrity of the feedback system. You agree that submission of any information, feedback, content, data or other materials (collectively, "Materials") is at your own risk, and that none of Field Agent, its Affiliates, Clients or Agents has any obligations (including without limitation obligations of confidentiality) with respect to such Materials. You represent and warrant that you have all rights necessary to submit the Materials. You hereby grant to Field Agent and its Affiliates a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Materials, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Platform.
- Customer Service. Field Agent will be responsible for and will have sole discretion regarding all customer service issues relating to use of the Platform and its features.
- Disputes between Clients and Agents. Your use of the Platform is at your own risk. Because Field Agent hosts the Platform that facilitates the relationship between Clients and Agents, Field Agent may be involved in resolving any disputes between Clients and Agents or arising out of the Services or any transaction, only to the level deemed necessary by Field Agent.
Field Agent or its Affiliates will process all payments made by Clients to Agents (the "Payment Service"). Client payments made through the Payment Service are received by Field Agent or its Affiliates on behalf of Agents, and may be disbursed only in accordance with the terms outlined below.
- Account Credit. After Client's acceptance of the Services, in Client’s reasonable discretion, the Payment Service will credit each Agent's Payment Account (defined below) the applicable amount.
- Disbursement of Funds to Agents: When Agents register with the App they are automatically registered with Field Agent. A payment account ("Payment Account") will automatically be established in conjunction with your registration. Agents may disburse funds from their Payment Account to the Preferred Payment Method; provided, Field Agent reserves the right at any time to establish a minimum cash-out amount. See our FAQs for more information. Funds will only be disbursed in compliance with applicable laws and regulations, including without limitation the United States Patriot Act and the regulations of the Office of Foreign Assets Control. Field Agent is under no obligation to disburse funds from an Agent’s Payment Account more than two years after the original transaction date, if no request for such disbursement exists. With respect to any funds that have been held in an Agent’s Payment Account for a period of more than two years following the original transaction date, Field Agent reserves the right to apply a service fee against such funds to the extent permitted under applicable federal and state law. We reserve the right to cancel your Payment Account for any reason.
- Authorizations for Preferred Payment Method: As an Agent, you hereby authorize Field Agent and its Affiliates, and any third party service agents or agents acting on their behalf, to credit your Preferred Payment Method to transfer, disburse or process transactions associated with Services that you perform. In the event there is an error in the processing of any transaction, you authorize us to initiate debit or credit entries to your Preferred Payment Method or your Payment Account, as applicable, to correct such error, provided that any such correction is made in accordance with applicable laws and regulations, and to make any inquiries we consider necessary to validate the error, which may include ordering a credit report, performing credit checks, or verifying the information you provide against third party databases. Your authorizations will remain in full force and effect until we receive written notification from you of any termination. Any termination will become effective as soon as we have had a reasonable amount of time to act on it, but in any event not later than thirty (30) days after written notice of termination is received by us in accordance with Section 12(e).
- Restrictions and Limitations: We reserve the right to terminate or suspend any Payment Account, or to delay the availability of any transfer or disbursement of any amounts, in each case for any reason in our sole discretion, including, without limitation, if we believe that an Agent is in violation of this Agreement. As a security measure, we reserve the right to restrict transfers to Agents of any amounts held in a Client's account for up to three (3) Business Days (as defined below) following the completion and acceptance of any Service. Amounts held in an Agent’s Payment Account cannot be transferred to other Agents.
- Our Liability: With the exception of referral fees paid by us to individual Agents, if any, Field Agent’s involvement in the payment transactions for Services performed by Agents is limited to operating the Platform and providing associated services, including, without limitation, processing services. We will be entitled to rely on the instructions of Clients and Agents without any further inquiry or liability whatsoever. We will not be liable if we are not able to complete a transaction for any reason, including, but not limited to,
- If any system or equipment was not working properly and you knew or had been advised about the breakdown before you initiated the transaction;
- If circumstances beyond our control (such as, but not limited to, power outages, fire, flood, mechanical or systems failure) prevent the proper execution of the transaction, despite reasonable precautions we have taken;
- If your transaction is intercepted by legal process or other encumbrances restricting transfer, or your participation in the Platform has been terminated or suspended for security purposes;
- If we are unable to confirm your identity or have reason to believe that the transfer requested is unauthorized; or
- If you have not provided us with correct, current and complete payment information.
- Statements and Account Balances: All payments made to an Agent or other payment transactions occurring with respect to a Payment Account will be reflected on the Site. In addition, you may access your transaction information (your "Transaction History") online at any time. You may access this feature through the Site only with a browser that is compatible with the Site, including any security features that are part of the Site. Interest will not be paid on amounts held in Payment Accounts.
- Transaction Errors: If you believe that any payment transaction initiated by us (or our agent) is erroneous, or if you need more information about any such transaction, you should contact us as soon as possible.
5. Compliance with Laws
- Taxes: You agree that it is your responsibility to determine any and all taxes incurred or required to be collected, paid or withheld for any reason in connection with any performance of Services, or your use of the Platform, or otherwise in connection with any action, inaction or omission of you ("Taxes"), to report and remit correct taxes to the appropriate tax authority, and to otherwise be responsible for the collection and payment of any and all Taxes. You agree to provide Field Agent and its Affiliates with certain tax information upon request. YOU ALSO AGREE THAT FIELD AGENT AND ITS AFFILIATES ARE NOT RESPONSIBLE TO COLLECT, REPORT, OR REMIT ANY TAXES ARISING FROM ANY TRANSACTION.
- Registrations: You agree that it is your responsibility to determine whether and to what extent any permits, registrations, authorization or filings (including without limitation with respect to the transfer of technology) are required by any governmental agency in any jurisdiction in which you are performing Services ("Permits"). YOU ALSO AGREE THAT FIELD AGENT AND ITS AFFILIATES ARE NOT OBLIGATED TO DETERMINE WHETHER ANY SUCH PERMITS APPLY TO ANY TRANSACTION
- Compliance with Laws: The Platform may be used only for lawful purposes and in a lawful manner. You may not use the Platform in any manner that violates any applicable law or governmental regulation. In addition to your obligations with respect to Taxes and Permits above, you agree to comply with all applicable laws, statutes, and regulations of any jurisdiction in which you request or perform Services.
- Investigation: Field Agent has the right, but not the obligation, to monitor any activity, content and Materials associated with the Platform. Field Agent may investigate any reported violation of its Policies or complaints and take any action that it deems appropriate.
6. Disclosure of Information; Confidentiality; Privacy
7. No Warranties
- General Use of Data and Communications: Our Privacy Notice and this Agreement describe our collection, use, and disclosure of information associated with the Platform in our Privacy Notice, we may disclose to Field Agent Affiliates your name, address, and data on Jobs you have completed for tax purposes. "Agent Tax Information" means tax identification information of Agents, such as a SARS Taxation Number or SA National Identification Number, may be required if requested by Field Agent or its Affiliates. Agent Tax Information is used to fill out an IRP5 Form to send to applicable Agents. You hereby consent to disclosure of Agent Tax Information, Client Tax Information, and other data as described in this Section 6 and our Privacy Notice.
- Your Use of Data and Communications; Confidentiality: You may use information or other data acquired from your use of the Platform solely to the extent necessary for you to use the Platform and for no other purpose, including but not limited to, for purposes of solicitation, advertising, marketing, unsolicited e-mail or spamming, harassment, invasion of privacy, or otherwise objectionable conduct. Additionally, from time to time, we may allow select Agents the opportunity to participate in trials, tests or limited offerings of new or expanded Services. You agree to keep your involvement and experience with such opportunities strictly confidential and not to disclose any such information except to Field Agent or its Affiliates.
- Press Releases and Public Disclosures: You may generally publicize your use of the Platform. However you may not issue any press release with respect to Field Agent or the Platform without Field Agent's express prior written consent.
- Sharing Data with Third Party Partners: We may enter into one or more strategic partnerships or other business relationships with third parties in order to enhance, improve or expand the Services we facilitate through the Platform or through the use of third party software and platforms. If requested by such third parties, we may share (i) an Agent’s name and account number, and (ii) any non-personal data and statistics that we collect regarding an Agent’s participation, performance, location, timing or feedback with respect to the Services, including, without limitation, task acceptance and completion data, participation metrics among various platforms and opportunities, retainage rates, and any aggregated statistics and insights necessary to measure or track the value of such strategic partnerships or other business relationships with third parties.
- Sharing Data with Third Party Service Providers: We may share an Agent’s information, including personal information, with our third-party service providers that we use to provide hosting for and maintenance of the Platform, application development, backup, storage, payment processing, analytics and other services for us. These third-party service providers may have access to or process your personal information for the purpose of providing these services for us. We do not permit our third-party service providers to use the personal information that we share with them for their marketing purposes or for any other purpose than in connection with the services they provide to us.
THE PLATFORM AND THE ASSOCIATED SERVICES ARE PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FIELD AGENT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
8. General Release
- ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT;
- THAT THE PLATFORM AND THE ASSOCIATED SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR, OR WILL CONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY;
- THAT THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE PLATFORM WILL BE AS REPRESENTED BY CLIENTS OR AGENTS, THAT THE SERVICES ARE LAWFUL, OR THAT CLIENTS OR AGENTS WILL PERFORM AS PROMISED; OR
- ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
IN CONSIDERATION OF THE PROMISES AND UNDERTAKINGS IN THIS AGREEMENT, YOU HEREBY RELEASE FIELD AGENT AND ITS AFFILIATES (AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES) FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL, CONSEQUENTIAL AND OTHERWISE) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR PERFORMANCE OF SERVICES FOR CLIENTS VIA THE PLATFORM.
9. Indemnity; Limitation of Liability
10. Applicable Law; Arbitration
- Indemnity and Defence. You will indemnify and hold harmless Field Agent and its Affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity ("Claim") that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; (ii) your Services and any Materials, including any actual or alleged infringement of any intellectual property or proprietary rights by any of your Services or Materials; and/or (iii) your failure to comply with any applicable laws and regulations in connection with your use of the Platform.
- Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FIELD AGENT AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE PLATFORM, THE SERVICES, THE INABILITY TO USE THE PLATFORM, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE PLATFORM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL FIELD AGENT'S OR ITS AFFILIATES' AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), WARRANTY OR OTHERWISE, EXCEED THE AMOUNT OF FEES EARNED BY FIELD AGENT IN CONNECTION WITH YOUR PERFORMANCE OF SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
12. General Provisions
- Save as otherwise specifically provided elsewhere in this Agreement, should any dispute arise out of or pursuant to this Agreement, its termination or cancellation, the parties shall endeavour to resolve the dispute by negotiation.
- If the dispute has not been resolved by such negotiation within 5 (five) Business Days of the commencement thereof, then the parties shall refer the dispute to arbitration as provided below in clause c.
- Failing the negotiations referred to above, the dispute shall be submitted to arbitration for final resolution in accordance with the rules of the Arbitration Foundation of Southern Africa ("AFSA") by an arbitrator or arbitrators agreed to between the parties to the dispute and failing such agreement within 5 (five) Business Days of a request therefor by either party, appointed by AFSA, by means of arbitration to be held in Cape Town.
- consents to any arbitration in terms of the aforesaid rules being conducted as a matter of urgency; and Each party to this Agreement irrevocably:
- authorizes the other to apply, on behalf of both parties to such dispute, in writing to the secretariat of AFSA in terms of the aforesaid rules for any such arbitration to be conducted as a matter of urgency, provided that the party which intends so applying first notifies the other party in writing of its intention to do so.
- Notwithstanding anything to the contrary contained in this clause 10, either party shall be entitled to apply for, and if successful, be granted, an interdict from any competent court having jurisdiction.
- For the purposes of clause e and for the purposes of having any award made by the arbitrator/s being made an order of court, each party hereby submits itself to the jurisdiction of the High Court in the appropriate provincial division of South Africa.
- This clause 10 constitutes an irrevocable consent by each of the parties to any proceedings in terms hereof, is severable from the rest of the agreement and shall, notwithstanding the termination of this Agreement, remain in full force and effect.
- Entire Agreement: This Agreement and the general terms and conditions of the Platform, including the Policies, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.
- Assignment: You may not assign this Agreement without our prior written consent. We may assign this Agreement at any time, without notice. Subject to the foregoing, this Agreement will be binding on each party's successors and permitted assigns.
- Severability: If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
- No Waiver: We will not be considered to have waived any of our rights or remedies, or portion thereof, unless the waiver is in writing and signed by us. Field Agent's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Field Agent's right to subsequently enforce such provision or any other provisions of this Agreement.
- Notices: All notices relating to this Agreement (including the Payment Service) will be sent by e-mail or will be posted on the Site. We will send notices to you at the e-mail address maintained in our records for you. You must send notices to us at our current e-mail address published on the Site. E-mail notices are deemed written notices for all purposes for which written notices may be required. E-mail notices are deemed received the business day after transmission if properly addressed to the intended recipient.