APPLICANT AGREEMENT
PLEASE READ THE ENTIRE AGREEMENT.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND FIDELITY MANAGED SMEs
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
1. Overview
This Agreement contains the complete terms and conditions that apply to you becoming an applicant in the Fidelity Managed SMEs Program. The purpose of this Agreement is to enable the Fidelity Manages SMEs provide advisory services to the Applicant throughout the duration of this Agreement, "we," "us," and "our" refer to Fidelity Managed SMEs and "you," "your," and "yours" refer to the Applicant.
2. Applicant’s Obligations
2.1. To begin the enrollment process, you will complete and submit the online application at the http://www.fidelitymanagedsmes.com server. The fact that we auto-approve applications does not imply that we shall not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your application is unsuitable for our Program, including if it:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
2.1.6. Includes "Fidelity Managed SMEs" or variations or misspellings thereof in its domain name
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.2. As a member of Fidelity Managed SMEs Program, you will have access to professional advisory services. Here, the Fidelity Managed SME group will provide you with a consulting service in addition to developing findings, conclusions and recommendations which will be presented to you for decision making.
2.3. Fidelity Managed SMEs reserves the right, at any time, to review your application and to require that you change the application to comply with the guidelines provided to you.
3. Fidelity Managed SMEs’ Rights and Obligations
3.1. Fidelity Managed SMEs reserves the right to terminate this Agreement and your participation in the Fidelity Managed SMEs Program immediately and without notice to you should you commit fraud in your use of the Fidelity Managed SMEs Program or should you abuse this program in any way. If such fraud or abuse is detected, Fidelity Managed SMEs shall not be liable to you.
3.2. This Agreement will begin upon our acceptance of your application, and will continue unless terminated hereunder.
4. Termination
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
5. Modification
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the Fidelity Managed SMEs Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Fidelity Managed SMEs Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
6. Promotion Restrictions
You are free to promote your own enterprise/business, but naturally any promotion that mentions “Fidelity”, “Managed” or “SMEs” could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Fidelity Managed SMEs. For example, the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity. Also, you may post to newsgroups to promote Fidelity Managed SMEs so long as the news group specifically welcomes commercial messages.
7. Grant of Licenses
Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
8. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Representations and Warranties
You represent and warrant that:
9.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
9.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
9.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
10. Disclaimer
FIDELITY MANAGED SMEs MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF FIDELITY MANAGED SMEs’ ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
11. Indemnification
You hereby agree to indemnify and hold harmless Fidelity Managed SMEs, Fidelity Bank Plc, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or
12. Confidentiality
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
13. Miscellaneous
13.1. Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, employment relationship or other legal relationship between you and Fidelity Bank Plc. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement that reasonably would contradict anything in this Section.
13.2. Neither party may assign its rights or obligations under this Agreement to any party.
13.3. This Agreement shall be governed by and interpreted in accordance with the laws of the Federal Republic of Nigeria without regard to the conflicts of laws and principles thereof.
13.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
13.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
13.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
13.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
By submitting its Request to the Fidelity Managed SMEs platform, Applicant assents and agrees to these Standard Terms.