Terms of Service

HyperWeb Ltd t/a BrightestMinds · Dublin, Ireland

1. Introduction

These Terms of Service ("Terms") govern the use of the services ("Services") provided by HyperWeb Ltd t/a BrightestMinds ("us", "we", or "our"), a B2B lead generation agency based in Ireland, to you ("Client", "you", or "your"). By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Services.

2. Services

We provide a range of lead generation and marketing support services to help your business grow. The specific Services we provide to you will be outlined in a separate service agreement, proposal, or other written agreement between you and us ("Service Agreement").

2.1 Customer will not, directly or indirectly, hire HyperWeb Ltd's employees, or otherwise attempt to divert HyperWeb Ltd's employees to other employers.

2.2 HyperWeb Ltd shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise be able to provide the Services to Customer, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, "Equipment"). HyperWeb Ltd shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer account or the Equipment.

3. Payment and Fees

Some parts of the Services are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or BrightestMinds cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting the BrightestMinds customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide BrightestMinds with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize BrightestMinds to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, BrightestMinds will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

You agree to pay all fees specified in the Service Agreement. All paid subscription fees are non-refundable and non-cancellable, except as expressly stated in these Terms or the Service Agreement. Invoices can be issued by request according to the payment terms specified in the Service Agreement, and payment must be made within the time period specified on the invoice. Late payments may be subject to interest charges at the rate specified in the Service Agreement or as allowed by law.

4. Term and Termination

The term of these Terms and the Service Agreement shall commence on the date of your acceptance and continue until terminated by either party in accordance with the provisions set forth in the Service Agreement or these Terms.

Either party may terminate the Service Agreement upon written notice if the other party breaches any material term of these Terms or the Service Agreement and fails to cure such breach within thirty (30) days after receiving written notice of the breach.

Upon termination, all fees owed to us for Services rendered up to the date of termination shall become immediately due and payable. Termination of the Service Agreement does not relieve either party of any obligations that, by their nature, should survive termination, including but not limited to payment obligations, confidentiality, and intellectual property rights.

5. Intellectual Property Rights

All intellectual property rights in the materials, data, and information provided by us as part of our Services, including but not limited to reports, analyses, and leads ("Deliverables"), shall remain our exclusive property or that of our licensors. We grant you a limited, non-exclusive, non-transferable, and non-sublicensable license to use the Deliverables solely for your internal business purposes. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of HyperWeb Limited.

You acknowledge and agree that any feedback, comments, or suggestions you provide regarding our Services may be used by us without any obligation to you, and you hereby grant us a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, modify, and incorporate such feedback into our Services or other products and services.

6. Confidentiality

Both parties agree to keep confidential and not disclose to any third party any information that is marked or otherwise designated as confidential or that, under the circumstances, should reasonably be understood to be confidential ("Confidential Information"), except as required by law or as authorized by the disclosing party in writing. The receiving party shall use the same degree of care to protect the Confidential Information as it uses to protect its own confidential information but in no event less than a reasonable degree of care.

7. Disclaimer and Limitation of Liability

Our Services are provided "as is" and without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that our Services will be error-free or uninterrupted.

In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use of or inability to use our Services; (b) any conduct or content of any third party on our Services; or (c) unauthorized access, use, or alteration of your transmissions or content.

Our total liability to you for any claim arising out of or relating to these Terms or the Service Agreement, whether in contract, tort, or otherwise, shall not exceed the amount of fees paid by you for the Services during the six (6) months immediately preceding the date of the claim.

8. Indemnification

You agree to defend, indemnify, and hold harmless HyperWeb Ltd, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from (a) your use of and access to our Services; (b) your violation of any term of these Terms or the Service Agreement; or (c) your violation of any third-party rights, including without limitation any copyright, property, or privacy right.

9. Governing Law and Jurisdiction

These Terms and any disputes arising out of or relating to these Terms or the Service Agreement shall be governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms or the Service Agreement will be brought exclusively in the courts located in Ireland, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.

10. Changes to These Terms

We may update these Terms from time to time to reflect changes in our practices, applicable laws, or for other reasons. We will notify you of any significant changes by posting an updated version on our website or by sending you an email. Your continued use of our Services following the posting of any changes to these Terms constitutes your acceptance of such changes.

11. Miscellaneous

These Terms, together with the Service Agreement, constitute the entire agreement between you and us regarding the subject matter hereof and supersede any prior or contemporaneous agreements, understandings, or representations, whether written or oral. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

12. Contact Us

If you have any questions about these Terms, please contact us at: