These General Terms set forth the main terms and conditions applying to and governing the agreement between you (hereinafter referred to as "you" or "Driver" or “Agent”) and Monochrome regarding usage of the Monochrome’s Agent App for the purpose of providing Transportation Services of either goods or people.
In order to provide Transportation Services via using the Monochrome Agent App you must agree to the terms and conditions that are set forth below.
1.1. Monochrome (also referred to as "we", "our" or "us") – Our trading name, operated by a private limited company incorporated and registered under the laws of the United Kingdom, registered office 14 Woodlands road, London, E11 4RW.
1.2. Agent – means an entity that is directly or indirectly under the control of Monochrome and who provides certain Services and becomes principal in a contract when Monochrome arranges services between riders and Agents.
1.3. Monochrome Services – services that Monochrome and/or its Agents provide you, including provision and maintenance of the Monochrome Agent App and the Monochrome platform, client support, mediation of the payments and communication between you and the Customer or other similar support services as described in these General Terms or the Agreement.
1.4. Monochrome App – In the meaning of these General Terms, Monochrome App refers to the Monochrome Agent App, which the Agents use to receive and accept requests and manage Transportation Services.
1.5. Rider – a person requesting Transportation Services by using the Monochrome Customer application.
1.6. Driver or you – the person providing Transportation Services via the Monochrome App. Please note that you may register the account either as a legal or a natural person.
1.7. General Terms – the terms and conditions provided in this document.
1.9. License – Your right to use the Monochrome App and the Website in accordance with the Agreement.
1.10. Website – Monochrome’s website located at www.monochromecompany.com and any media pages.
1.11. Fare – the fee a Rider is obliged to pay you for provision of the Transportation Services.
1.12. Monochrome Fee – the fee you are obliged to pay to Monochrome for the right to use the Monochrome App. Monochrome Fee consists of a fee per each Rider order you have completed.
1.13. In-app Payment – a payment made by the Rider via the Monochrome App for the Transportation Services. The In-app Payment may be made by using bank/credit card, business, mobile carrier payment or any other electronic payment method enabled by Monochrome.
1.14. Monochrome Driver’s Guide – webpage containing relevant information and documents regarding your usage of the Monochrome App in course of provision of Transportation Services. This can be found at www.monochromecompany.com/agent-guide
1.15. Transportation Services – the transportation service you are providing to the Rider whose request you have accepted via the Monochrome App.
2. ENTRY INTO THE AGREEMENT
2.1. Before using the Monochrome App for the use of providing transport services, (Passenger & non-passenger) you will have to sign up first with Monochrome by submitting the needed information such as personal, insurance and legal documentation. You can submit this by either means of sending the documentation by email or in person. Once you have successfully signed up and we are satisfied you have all the relevant documents that proves you are eligible, we will provide you with your very own Monochrome agent account. We will also provide a username and password for easy access to login. By submitting an application to Monochrome you represent that:
2.2. You are obliged to give details of your bank account details when filling out the payment details upon the stage of registration. Monochrome or its Affiliates are transferring In-app Payment fees to the bank account you have provided. Monochrome and/or its Affiliates are not liable for any incorrect money transactions in case you have provided wrong bank account details.
2.3. After the signup application, you will receive an e-mail from us stating what other supporting documents need to be submitted in order for you to complete the eligibility process. This may include such documentation which will prove the validity of your licence, license for the purpose of carrying passengers, criminal records of the applicant and insurance documentation. In the event of a missing or failure to prove or provide relevant documentation will result in a withdrawal of your application and/or a termination of our agreement.
3. YOUR RIGHT TO USE THE MONOCHROME APP AND THE WEBSITE
3.1. The Monochrome App. The Monochrome App allows you to receive requests from the Riders. You have the choice to accept or decline the ride. Requests may come at a first accept first select basis or may be assigned. For additional information about the Monochrome App please refer to the Website.
3.2. License to use the Monochrome App and the Website. Monochrome hereby grants you, subject to the provisions of the Agreement, a non-exclusive, non-sub licensable, non-transferable License to use the Monochrome App and the Website according to the terms referred to herein. Regardless of the above and if so agreed separately.
3.3. When using the Monochrome App and/or the Website you may not:
3.5. The License granted herein revokes automatically and simultaneously with termination of the Agreement. After termination of the Agreement you must immediately stop using the Monochrome app and Monochrome is entitled to block and delete your account without a prior notice.
3.6. Using Driver’s forum and other Website content. Monochrome may grant you access to Driver’s forum and other content accessible via the Website. You may not publish post, upload, e-mail, distribute, or disseminate any inappropriate, profane, defamatory, misleading, infringing, obscene, indecent, or unlawful content. Monochrome may restrict your access to the forums or Monochrome App, if you infringe the aforementioned obligations.
3.7. Using tags and labels of Monochrome. Additionally, Monochrome and/or its Affiliates may give you tags, labels, stickers or other signs that refer to Monochrome or otherwise indicate that you are using the Monochrome App. Monochrome grants you a non-exclusive, non-sub licensable, non-transferable license to use such signs and only for the purpose of indicating that you are providing Transportation Services via using the Monochrome App. After termination of the Agreement you must immediately remove and discard any signs that refer to Monochrome or its brand.
3.8. All copyrights and trademarks related to Monochrome, including source code, databases, logos and visual designs are owned by Monochrome and protected by copyright, trademark and/or trade secret laws and international treaty provisions. By using the Monochrome App, Website or any other Monochrome Services you do not acquire any rights of ownership to any intellectual property of Monochrome.
4. PROVIDING THE TRANSPORTATION SERVICES
4.1. Your Obligations. You hereby guarantee to provide Transportation Services in accordance with the Agreement as well as laws and regulations applicable in the state where you are providing Transportation Services. Please note that you are fully liable for any violation of any local or international laws and regulations as may arise from providing Transportation Services.
4.2. You must, among else, have all licenses (including a valid driver’s license), permits, car insurance, liability insurance (if applicable), registrations, certifications and other documentation that are required in the applicable jurisdiction for providing the Transportation Services. It is your obligation to maintain the validity of all aforementioned documentation. Monochrome reserves the right to require you to present evidence and submit for review all the necessary licenses, permits, approvals, authority, registrations and certifications as well as their renewals and the inspection of the condition of vehicles to be used to carry out transport services.
4.3. You must abide by the traffic regulations at all times. This means, among else, that you may not operate the Monochrome App while driving and your car must be fully parked while interacting with the Monochrome App.
4.4. We advise you that you provide the Transportation Services in a professional manner. To providing such services and endeavour to perform the Rider’s request in the best interest of the Rider. Among else, you (i) must take the route least costly for the Rider, unless the Rider explicitly requests otherwise; (ii) may not make any unauthorised stops; and (iii) may not have any other passengers in the vehicle other than the Rider and the people accompanying the Rider.
4.5. You retain the sole right to determine when and for how long you are providing the Transportation Services. You shall accept, decline or ignore Riders Transportation Services requests at your own choosing.
4.6. Costs you incur while providing the Transportation Services. You are obliged to provide and maintain all equipment and means that are necessary to perform the Transportation Services at your own expense, including a car, smart device, mobile data plan, etc. You are also responsible for paying all costs you incur in the course of performing the Transportation Services including, but not limited to, fuel, mobile data plan costs, amortization of the vehicle, insurance, relevant corporate or payroll taxes etc. Please bear in mind that using the Monochrome App may bring about consummation of large amount of data on your mobile data plan. Thus, we suggest you to subscribe for a data plan with unlimited or very high data usage capacity.
4.7. Fares. You are entitled to charge a fare for each instance you have accepted a Rider via the Monochrome App and completed the Transportation Service as requested (i.e. Fare). The Fare is calculated based on a default base fare, the distance of the specific travel as determined by the GPS-based device and the duration of the specific travel. Please bear in mind that the default base fare is the recommended fare as presented in the Monochrome App. The default base fare may fluctuate based on the local market situation. Additionally, you shall always have the right to charge the Customer less than the Fare indicated by the Monochrome App (however, please note that charging the Customer less than the Monochrome App indicates does not decrease the Monochrome Fee).
4.8. Monochrome may adjust your fare for a particular order completed, if we detect a violation (such as taking a longer route) or in case a technical error affecting the final fare is identified. Monochrome may also reduce or cancel the fare in case we have reasonable cause to suggest a fraud or a complaint by the Rider indicates a violation by you. Monochrome will only exercise its right to reduce or cancel the fare in a reasonable and justified manner.
4.9. Riders may pay the fare for the Transportation Service either directly to you or via the In-app Payment as described in section 6 of these General Terms. In case the Customer pays the Fare directly, it is your obligation to collect the Fare. In case the Rider fails or refuses to pay, Monochrome will do as much as we can to help you with collecting the Fare due, however Monochrome has no obligation to compensate the Fare. You may also still be liable for Monochrome’s fee.
4.10. Receipts. After each successful provision of Transportation Services, you may write the rider a receipt. Please provide information such as your name, date and services rendered. If for any reason you are unable to provide a receipt for a customer, a rider can request a copy from us and we can provide a receipt for the rider on your behalf. All corrections to any fares must be communicated to monochrome to avoid any confusion.
4.11. Penalties. In case the Rider cancels the request for Transportation Services after 5 minutes or does not show up, Monochrome shall have the right to request a penalty up to £15 from such Rider. This price will vary depending on the vehicle class. Monochrome shall request such penalty only in case of negligent behaviour from the rider and shall have the full discretion in deciding whether to collect the penalty or not. In case Monochrome collects the penalty, it will keep Monochrome's Fare and the rest of the penalty collected shall be forwarded to you in the relevant pay date. If a Rider cancels and uses cash as a means of payment, please note that it may not be possible for us to collect funds.
4.12. If, in the course of receiving Transportation Service, a Rider or his/her co-passengers negligently damage your vehicle or its furnishing (among else, by blemishing or staining the vehicle or causing the vehicle to stink), you have the right to request the Rider to pay a penalty of £50 and request compensation for any damages exceeding the penalty. If the Customer does not consent to paying the penalty and/or compensating the damage, you must notify Monochrome of the matter at hand. Any such notification must be presented to Monochrome within 24 hours and be accompanied with pictures or other sufficient proof of damages. Monochrome will then try to collect penalty and/or relevant costs on your behalf from the Customer. However, please bear in mind that Monochrome is not taking any liability for direct or indirect damages caused by Riders.
4.13. Your tax obligations. You hereby acknowledge that you are obliged to fully comply with all tax obligations that arise to you from the applicable laws in relation to providing the Transportation Services, including (if applicable) (i) acquiring a valid VAT number; (ii) paying income tax, social security tax or any other tax applicable; and (iii) fulfilling all tax registration obligations and calculating and remitting all tax liabilities related to your provision of Transportation Services as required by the applicable law. Additionally, it is your obligation to provide Monochrome with all relevant tax information, including (among else) your VAT number. Please note that Monochrome may in its reasonable discretion and based on applicable tax law, collect and remit taxes resulting from your provision of Transportation Services and/or provide any of the relevant tax information directly to the applicable governmental tax authorities on your behalf.
5. MONOCHROME FEES
5.1. In order to use the Monochrome App, you are obliged to pay to Monochrome a fee (i.e. the Monochrome Fee). The Monochrome Fee is paid based on the Fare of each Transportation Service order you have completed. The amount of the Monochrome Fee will be made available to you when you sign up. Please acknowledge that the Monochrome Fee may change from time to time. Monochrome will send you notifications of any changes to Monochrome fees. Also fees may vary from agent to agent based on the offer agreed to an agent upon joining. Please note that Monochrome will still apply fees on all rider cancellation fees. You have the right to leave a task if and charge a rider a cancellation fee if you have been waiting at the collection address for more than 5 minutes.
5.2. You must pay the Monochrome Fee and any other fees due to Monochrome. For jobs paid by cash, this may be deducted from jobs which riders have paid you through means of card payments which Monochrome has taken on your behalf. Where you owe fees to Monochrome, All fees must be paid by the next available Friday. Upon delay with payment of the Monochrome Fee, you are obliged to pay a penalty of late payment fee of +10% of the total fee + £1 for every day. You are obliged to cover all costs incurred by Monochrome, which are related to debt collection activities.
6. IN-APP PAYMENTS
6.1. Monochrome may enable Riders a possibility to pay for the Transportation Service via bank card, Business or mobile carrier payment directly in the app (i.e. In-app Payment). You hereby authorise Monochrome to act as your limited commercial agent solely for the purpose of collecting, on your behalf, the Fares, applicable taxes or other fees paid by the Rider via In-app Payment. You additionally agree that any payments made by the Riders via the In-app Payment shall be considered the same as payments made directly to you.
6.2. You may not refuse payment by the Rider via the In-app Payment, or influence the Rider against the use of the In-app Payment. In case you refuse to accept an In-app Payment without just cause, Monochrome shall be entitled to charge you a contractual penalty in the amount of £10 for every refusal and/or block your right to use the Monochrome App in case of repetitive behaviour.
6.3. Monochrome will regularly transfer the amounts collected as In-app Payments, which have been credited to the Monochrome bank account, to your bank account every fortnight. Please see payment schedule for details. The Monochrome Fee shall be deducted from your Fares as well as any cash paid directly to you by Riders. If you request a review of the In-app Payment, then Monochrome may transfer the amounts collected after it has concluded the review.
6.4. You are entitled to review In-app Payment reports in the Monochrome Agent app. All fares and earnings are available to view in the Monochrome agent app. The reports will show the amounts of the In-app Payments brokered in the previous week as well as the withheld amounts of the Monochrome Fee. The reports will be shown weekly.
6.5. Please note that Monochrome is not obliged to pay you the Fare due from the Rider if the In-app Payment failed because the Riders credit card or mobile payment is cancelled or is unsuccessful for reasons not attributable to Monochrome. In such case we will help you in requesting the Fare due from the Rider, and shall transmit it to you once the Rider has made the requested payment.
6.6. Before rendering Transportation Services, you must verify that the service is being actually provided to the Rider or that the Rider has expressly confirmed that it allows the Rider to ride under its account. If you make a mistake in identifying the Rider, and the In-app Payment is charged to a person, who has not been provided or has not approved the Transportation Services, Monochrome shall reimburse the Rider for the Fare. In such case you are not entitled to receive the Fare from Monochrome. Additionally, for every wrongfully applied In-app Payment Monochrome shall be entitled to charge you a contractual penalty up to £10.
6.7. You hereby warrant that you understand that In-app Payment does not supersede the requirements established by the laws and regulations, e.g. your obligation to provide the Rider with a receipt printed out on the printer or written.
6.8. You must notify Monochrome of any important circumstances which may affect Monochrome obligations to collect and distribute the Fares paid via In-app Payment.
6.9. Please note that Monochrome may set off any Fares paid via In-app Payment against the Monochrome Fees that you are obliged to pay to Monochrome.
7. CUSTOMER SUPPORT
7.1. As one of our services, we may provide you customer support regarding using the Monochrome App. The customer support may be provided either by Monochrome or its Affiliates as listed on the Website (www.monochromecompany.com). Please note that Monochrome has the right to stop providing the customer support services in case you are in delay with any of your payments to Monochrome and/or its Affiliates for more than 5 (five) calendar days.
8. RATINGS AND ACTIVITY
8.1. In order to guarantee high-quality service via the application provided by Monochrome and provide additional reassurance to the riders, you hereby acknowledge that the Riders may provide you a rating and leave feedback regarding the quality of the Transportation Services that you have provided. Your average rating will be linked to your Monochrome account and available to Riders when requesting Transportation Services. The Rider is obliged to provide the ratings and comments in good faith, and if we, in our discretion, find a particular rating or comment to not be in good faith, we may remove it. You are also able to provide a rating on a customer after a journey is made.
8.2. In addition to the rating, Monochrome measures your level of activity. If we see that your account has not been active for a specified amount of time, we will suspend or deactive your account with Monochrome.
8.3. You hereby acknowledge that in order to provide reliable services to Riders, Monochrome may determine a minimum average rating and a minimum activity score that all Drivers must establish and maintain. If, after a pertinent notification from Monochrome, you do not increase your average rating or activity score above the minimum within the prescribed time period, your Monochrome account will be automatically suspended either for temporarily or permanently. Monochrome may reverse the suspension of your account if it is merited by any external circumstances or it is detected that the suspension was caused by a system error or false ratings.
9. MARKET OVERVIEWS AND CAMPAIGNS
9.1. Market overviews. Monochrome may send you, via the Monochrome App, SMS, e-mail or other means, market overviews, in order to increase your awareness regarding when the demand by the Riders is highest. Please note that such market overviews are merely recommendatory and do not constitute any obligations for you. As the market overview estimations are based on previous statistics, Monochrome cannot give any guarantees that the actual market situation will correspond to the estimations provided in the market overview.
10. RELATIONSHIP BETWEEN YOU, MONOCHROME AND THE RIDERS
10.1. You hereby acknowledge that by providing Transportation Services to the Riders, you and the Rider are bound by a service contract, to which Monochrome nor its Affiliates are not a party.
10.2. Monochrome and its Affiliates do not control or direct your provision of Transportation Services. You have the sole right to decide when and for how long to utilize the Monochrome App and whether to accept the Riders request received via the Monochrome App. You acknowledge and agree that you have complete discretion to provide services or otherwise engage in other business or employment activities.
10.3. You hereby acknowledge and agree that Monochrome and its Affiliates are merely providers of the Monochrome App and its supporting services and do not provide transportation services. By providing the Monochrome App and its Affiliates both act as facilitators of transportation service between you and Rider. Monochrome may also act as your commercial agent by collecting and forwarding the payments made by Riders for the Transportation Services via the In-app Payment.
10.4. You, Monochrome and its Affiliates hereby expressly agree that the relationship between the parties is not an employment agreement, nor does it create an employment relationship between you and Monochrome or Affiliate. The parties also agree that no joint venture or partnership exists between you and Monochrome or its Affiliates. You may not act as an employee or representative of Monochrome or its Affiliates nor bind them to any contract.
10.5. If due to the implication of mandatory laws or otherwise, you are deemed as an employee of Monochrome or its Affiliate, you hereby agree to indemnify, defend and hold Monochrome and its Affiliates harmless from and against any claims by any person, entity, regulator or governmental authority based on such implied employment relationship.
11. PROCESSING OF PERSONAL DATA
11.1. Processing your personal data. Monochrome collects your personal data such as name, address, telephone number, e-mail address, vehicle information, license plate number and location based information in order to enable the intended functioning of the Monochrome App and provides you with Monochrome Services. We may also request you to provide your driver’s license and criminal or other necessary records, in order to identify whether you have qualifications for pursuing this professional activity and safeguarding the contractual relations associated with the Monochrome Services. We disclose your personal data to Affiliates and other third parties only for the purposes of providing Services.
11.2. You may at all times request to see, update or remove your personal data. However, please note that if you request to remove your personal data, Monochrome may have to terminate your right to provide Transportation Services. After you delete your account, Monochrome shall delete your personal data, but not before six (6) months has passed as of deleting your account (in case any contractual issues come forth). Certain personal data may be kept for a longer period of time, if so required by the applicable law.
11.3. Transmitting your geo-location and other information to Customers. In order to provide Monochrome Services, we collect your geo-location information while you are using the App. This means that we monitor and track your geo-location and may share your current location via the Monochrome application to the Riders in order to provide them the Monochrome Services. Additionally we will provide Customers your name, vehicle, picture, information and license plate number and phone number for your identification and safety reasons. If you would like your geo-location data and other aforementioned information not to be available to Customers, you must close the Monochrome App or indicate in the Monochrome App that you are currently not looking to provide Transportation Services.
11.4. Your right to process personal data of Riders. You may not process the personal data of the Riders without the permission of Monochrome. You may not contact any Customer or collect, record, store; grant access, use or cross-use the personal data provided by the Riders or accessible to you via the Monochrome App for any reason other than for the purposes of fulfilling the Transportation Service request. A Riders name, and contact number will be provided to you only through the Monochrome app only for the purpose of you to contact them in case they cannot be found at the time of collection.
12.1. The Monochrome App is provided on an "as is" and “as available” basis. Monochrome and its Affiliates do not represent, warrant or guarantee that access to Monochrome App will be uninterrupted or error free. As the usage of Monochrome App for requesting transportation services depends on the behaviour of Riders, Monochrome and its Affiliate do not guarantee that your usage of the Monochrome App will result in any Transportation Service requests. Monochrome is not liable for the proper functioning of the Monochrome App and any loss or damage that you may occur as a result.
12.2. To the maximum extent permitted under the applicable law, Monochrome and/or any of its Affiliates, representatives, directors and employees are not liable for any loss or damage that you may incur under or in connection with the Agreement or as a result of using the Monochrome App, including but not limited to:
12.3. For avoidance of doubt Monochrome does not guarantee the submission of requests by the Riders and can in no way be considered as a person acting on behalf or in the name of the Rider. Monochrome will strive to remove unwelcomed users of the Monochrome App. However, Monochrome and/or any of its Affiliates are not liable for the actions or non-actions of the Riders or their co-passengers using the Monochrome App and shall not be liable for any loss or damage that you may incur as a result of actions or non-actions of the Riders or their co-passengers.
12.4. Please note that you are fully liable for breach of the Agreement and/or any other applicable laws or regulations and must stop and remedy such breach immediately after receipt of a respective demand from Monochrome, Affiliate or any state or other authority.
12.5. You are fully liable and shall indemnify Monochrome for any direct and/or indirect loss and/or damage, loss of profits, expense, penalty, fine that Monochrome and/or any of its Affiliates or representatives may occur in connection with your breach of the Agreement and/or claim by a third party (including the Rider) directly or indirectly related to provision of Transportation Services. Should any of the Rider present any claims against Monochrome in connection with your provision of Transportation Services, then you shall compensate such damage to Monochrome in full within 7 (seven) days as of your receipt of the respective request from Monochrome.
12.6. You are obliged to comply with all tax obligations you may incur in relation to fulfilling your obligations arising from the Agreement or providing Transportation Services. You shall indemnify Monochrome and/or its Affiliates from all tax liabilities, duties, levies, claims and penalties that it incurs as a result of your failure to comply with your tax obligations (including, but not limited to, failure to pay income tax or social security tax).
12.7. In case Monochrome is entitled to present any claims against you, then you shall compensate Monochrome any legal costs related to evaluation of the damages and submission of claims relating to compensation for such damage.
13. TERM AND TERMINATION
13.1. The conditions expressly specified in these General Terms shall enter into force as of submitting the signup application located on the Website. Each other document that is part of the Agreement shall enter into force once the specific document has been made available to you and you commence or continue providing the Transportation Services, unless prescribed otherwise in the Agreement.
13.2. You may terminate the Agreement at any time by notifying Monochrome at least 7 (seven) days in advance, after which your right to use the Monochrome App and Monochrome Services shall terminate. The Agreement will also terminate upon the deletion of your Monochrome account.
13.3. Monochrome may terminate or suspend the Agreement at any time and for any reason at the sole discretion of Monochrome. This may be a window of 3 (three) days in advance, or may be immediately for serious cases.
13.4. Monochrome is entitled to immediately terminate the Agreement and block your access to Monochrome App without giving any advance notice in case you breach the Agreement, any applicable laws or regulations, disparage Monochrome or its Affiliates, or cause harm to Monochrome or its Affiliates’ brand, reputation or business as determined by Monochrome in its sole discretion. We may also block or, suspend or delete accounts which have not been active for a period of more than 60 days. In the aforementioned cases Monochrome may, at its own discretion, prohibit you from registering a new account or take other necessary steps to stop you from providing Transportation Services.
13.5. Monochrome may also immediately block your access to the Monochrome App and other Services for the period of investigation, if we suspect an infringement of the Agreement or fraudulent activity from your behalf. The block of access will be removed once the investigation disproves such suspicions. Monochrome shall only use the right described herein in good faith.
13.6. Monochrome is aiming to provide the highest quality service to all Riders and is monitoring the activity of Drivers in its system. If you fail to meet the minimal service requirements, such as the obligation to possess a certain minimal rating and activity score, Monochrome is entitled to immediately terminate the Agreement without giving any advance notice.
14.1. Monochrome has the sole right to make changes to any of the documents part of the Agreement. Any changes to the Agreement shall enter into force after they have been made available to you via e-mail, Monochrome App or Driver’s Portal and you have continued to provide Transportation Services, unless prescribed otherwise in the Agreement.
14.2. In order to amend the General Terms, Monochrome may post a revised version of it on the Website (www.monochromecompany.com/driver-terms) and give you at least 14 (fourteen) days prior notice. If you continue to use the Monochrome App, you shall be deemed to have accepted the revised conditions.
15. APPLICABLE LAW AND COURT JURISDICTION
15.1. The Agreement shall be governed by, and construed and enforced in accordance with the laws of English law, without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods.
15.2. Any dispute that may arise in connection with this Agreement, whether with respect to its existence, validity, interpretation, performance, breach, termination or otherwise, shall be settled by way of negotiations. If the respective dispute resulting from this Agreement could not be settled by the negotiations, then the dispute will be finally solved in court.
16. CONTACT INFORMATION
16.1. You are obligated to immediately notify Monochrome of any changes of your contact information and guarantee to keep the contact information accurate and up to date.
16.2. The contact information of Monochrome is available on our Website. Or we may have a dedicated number for you to call.
17. FINAL PROVISIONS
17.1. If any provision of the Agreement is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision. The failure or delay by either party to enforce any term of the Agreement shall not be deemed a waiver of such term.
17.2. You may not assign the Agreement or any of its rights or obligations there under, if not provided otherwise by the Agreement.
17.3. Any notice required to be given under this Agreement shall be sufficiently given if: (i) delivered personally, (ii) sent by courier with proof of delivery, (iii) sent by registered mail, (iv) sent by e-mail or (v) made available via the Monochrome website or Monochrome App. Any notice which is sent or dispatched in accordance with this clause 17.3 shall be deemed to have been received: (i) if delivered personally, at the time of delivery to the party; (ii) if delivered by courier, on the date stated by the courier as being the date on which the envelope containing the notice was delivered to the party; (iii) if sent by registered mail, on the 10th day after handing the document over to the post office for delivery to the party; (iv) if made available via the Monochrome website or the Monochrome App, or (v) if sent by e-mail, on the day the party receiving the e-mail confirms receiving the respective e-mail or on the 2nd day following the dispatch of the e-mail provided that the sender has not received an error notice (notifying that the e-mail was not delivered to the party) and has sent the e-mail again on the next calendar day and has not received a similar error notice.
Date of entry into force of the General Terms: 01.12.2017.