XPR`s routine messages regarding services and legal instructions are sent to the person(s) that Customer designates as customer contact(s) on customer`s account, either by email, mail, or overnight mail, except that XPR communicates an amendment or new version of this agreement by posting the message in customer`s XPR client control panel. Communications shall be deemed to have been received from the date of service or, if that period is not within one working day, from the beginning of the first working day following the date of service. For the purposes of the identification of days of notice, the working day on which the notification is deemed to have been received is the first day. Communications must be made in English. COMPENSATION. where XPR, XPR personnel, representatives, related companies, subsidiaries or suppliers (the “XPR Compensation Recipients”) are faced with a right of a third party resulting from gross or actual negligence of the Service User, wilful misconduct, violation of law, breach of security obligations under this Agreement, misappropriation or infringement of a third party`s intellectual property right, or V the Client shall bear the costs of defending the right (including reasonable attorneys` fees) and any damages, fines, transactions or other amounts (“Losses”) that will be inflicted on the beneficiaries of the XPR Indemnity as a result of the right. The customer shall indened XPR harmless from all losses arising out of or related to claims of third parties. The obligations imposed by the Customer under this Section 12 include claims arising from acts or omissions or omissions or omissions on the part of the Customer, any other person who has given access to the Services, the Offer and/or the Customer`s Content and any person who has access to the Services, the Offer and/or the Content, due to the lack of appropriate security measures by the Customer, even if the acts or omissions of such persons have not been approved by the Customer. Where the Customer resells the Services in accordance with this Agreement or provides a Customer Offer, the Customer`s obligations referred to in this Section 12 also include any claims made by The Customer`s Customers and End Users arising out of or in connection with: (i) the sale or licensing of the Customer Offer, Services or Content by the Customer; (ii) the use by customers or the end user of the offer, services or content; and/or (iii) loss or deterioration of customer or end user content. Where any part of the content is considered to be a violating object or is likely according to the customer, the customer must, at his choice and expense, obtain either: (i) the necessary rights to the part of the content that is alleged to be an infringement; (ii) replace the alleged injurious party with a non-injurious equivalent; (iii) modify the alleged injurious part so as not to infringe the law; or (iv) immediately terminate the use of the part allegedly in violation of the content. Just the act of writing something down is a good first step. You will not insult any reasonable person by filing consent in writing.
If it is a friend, a formal contract is one of the best ways to keep the friendship, since the written document, signed, defines the conditions of the case. Oral agreements, even if they are valid in your country, may be difficult or impossible to prove in court….