Web Informed Terms & Conditions of Use and NoticesAGREEMENT BETWEEN YOU AND Web InformedThese Terms & Conditions constitute a legal agreement between you (the Client) and Web Informed. You must accept without modification all of the terms, conditions, and notices contained below in order to access and use the services Web Informed provide. If you do not accept these Terms & Conditions in their entirety, you may not access or use the services provided by Web Informed. Web Informed provides internet services, Web Informed reserves the right to suspend or cancel any customer's access to any or all services provided by Web Informed when Web Informed decides that the account has been inappropriately used or due to late payment. Payment is due 14 days from the invoice date unless otherwise agreed, allprices are in £ sterling. These are the terms and conditions for use of the Internet services provided by Web Informed. By purchasing services (the account) from Web Informed via any communication (the Order), you (the Client) agree to abide by these terms and conditions. We reserve the right to change this agreement at any time without notice (see below). MODIFICATION OF THESE TERMS OF USE Web Informed may wish to update or change the terms, conditions and notices for services provided from time to time to reflect changes in the service, changes in the laws affecting the services, or for other good reasons. You understand that Web Informed reserves the right to make these changes and that you are responsible for regularly reviewing these Terms, Conditions and Notices. Continued access to or use of the services provided by Web Informed after any such change shall constitute your consent to such a change. Unless explicitly stated otherwise, any new features that change or improve the Web Informed Services shall be subject to the Terms & Conditions, as modified from time to time. LAWFUL USEWeb Informed accounts are to be used by the primary owner only, account holders are not permitted to resell, store or give away the services of their account to other parties even if it is for free or non-profitable. You are responsible for conforming to all federal, state, UK and local laws regarding the internet and electronic communication. You must respect the intellectual property and copyrights of resources provided by others on the net. You may not participate in any illegal activities while using your account. You must obey the laws of the United Kingdom, England and Wales and other countries that you communicate with over the net. We cannot and do not monitor or control traffic content to/from your account. You are responsible for keeping your activities legal, and for censoring yourself and colleagues. Clients are not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against Web Informed. Should the posted material fall into this category, we reserve the right to immediately refuse or terminate the service concerned. Web Informed does not allow any of the following contents to be stored
on any of its servers: Web Informed will terminate any account/service that contains any of the above mentioned contents without any warning and without refunding any payments. DATA PROTECTION and BACKUP1. Unless indicated otherwise on the relevant Order, the Client hereby agrees to allow Web Informed to collect and process data and information regarding the Client's use of the Service and to provide this to sub-contractors and/or companies affiliated with Web Informed for the purposes of marketing Web Informed's (or Web Informed's affiliated companies) services, or other related services, or for any other purpose connected with the Agreement. Web Informed will provide the Client on request with details of all such information held by Web Informed, and will modify any information that the Client advises is incorrect. 2. Subject to and in accordance with relevant data protection legislation, the Client hereby consents to allow Web Informed to collect data regarding use of the services and to provide such data to any governmental or regulatory body for the purpose of Web Informed's compliance with any applicable laws and regulations. 3. 2. Each party shall for the duration of any Agreement governed by these Terms and Conditions comply with the provisions of the General Data Protection Regulations 2018, (including the data protection principles set out in that Act) and any similar or analogous laws, regulatory requirements or codes of practice governing the use, storage or transmission of personal data and shall not permit anything to be done which might cause or otherwise result in a breach by either party of the same. 4. Web Informed possesses the right to communicate with the Client regularly via, but not limited to, electronic means. 5. Web Informed may, from time to time, send Client information relating to the services of other companies that Web Informed feels may be of interest to the Client. If the Client does not want to receive such information, it is to inform Web Informed in writing. 6. Web Informed has the right to deny Customer Support to the Client if the Client fails to demonstrate to the Web Informed representative upon receipt of a phone call or e-mail from Web Informed that they are indeed the Client and therefore authorised to request that changes be made on the account. The Client acknowledges that it may not always be possible for Web Informed to guarantee that breaches will not occur and therefore agrees to cooperate with Web Informed in its requests for Client authentication. 7. Whilst we do backup all data within our own internal systems we are not liable for any loss of data which may adversely affect your business. This means that if you have uploaded your product data and/or built up a database of clients and/or orders, you must keep a backup on your own machine. Clients agree that Web Informed has the right to delete all data, files, or other information that is stored on Web Informed's servers upon termination of services, or cancellation of account due to non-payment or breaking of any of these terms by the client. 8. Whilst every effort is made to ensure the service supplied by Web Informed has no `downtime`, Web Informed will not be held responsible for loss of business, expected or projected as a result of your website/application being off line. HELP ADVICE AND SUPPORTWe offer free help and advice in the use of your system. 24 HOUR SUPPORT - All support requests will be replied to within 24 hours. Over 99% of all support issues are resolved within the first few hours, we will notify you by email of any issue which will may not be resolved within 24 hours detailing all information available. PAYMENT POLICYWeb Informed reserves the right to change prices of services at any time, all pricing is guaranteed for a period of one year from the purchase of your account, excluding government charges such as tax which can change beyond the control of Web Informed. In addition, Web Informed reserves the right to suspend any/other services until the outstanding debt is cleared or court proceedings to recover the outstanding debt commence. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a cancellation request; the Customer can request cancellation of their account and will be billed up to the first day of the following month. Payment is due 14 days from the invoice date unless otherwise agreed. All Charges are inclusive of VAT (where appropriate) and any other applicable purchase tax, import, and all other duties are in £ sterling. Any failure by the Client to pay any fees due under these Terms and Conditions on the date specified shall be deemed to be a "material breach" of these Terms and Conditions. In the case where a domain registration has been automatically renewed and paid for by Web Informed and you (the Client) fail to pay any invoice for such a renewal, the ownership of said domain shall pass to Web Informed. TERMINATION, CANCELLATION AND REFUNDSTo ensure continuity services are automatically renewed by Web Informed at the end of each billing cycle unless cancelled prior to the renewal date, the client is then invoiced accordingly. It is your (the Client's) responsibility to terminate any service prior to renewal unless agreed otherwise. Should you wish to cancel your account with Web Informed or terminate any service you must write to us giving 7 days notice, or 7 days before your next billing date. On receipt of a cancellation request we will reply with confirmation that your request has been actioned. Failure to do so may render you liable to pay the full amount of the renewal. Web Informed reserves the right to cancel the account/service at any time. Customer refund requests are to be sent via email to: info `at` Web-Informed.com and will only be processed in the cases of service non-performance that might be caused by Web Informed's side, Refund requests will be refused if requested for any cause that is out of Web Informed's control. Where a service is cancelled by the client during construction of an application all outstanding invoices, and work carried out as agreed by the client up to the point of cancellaton shall become immediately payable. If Web Informed initiates termination during construction of an application, with the exception of the Client's failure to make any payments owed thereunder, Web Informed agrees to reimburse the Client in full either by check within thirty (30) days of termination, or by cancelling any the credit card transaction(s), and Web Informed shall have no further obligations to the Client nor any obligation to provide the Client work that had been commenced or completed prior to termination. SERVICESThe services suplied by Web Informed fall into the following categories :- 1. WEB APPLICATIONS CREATED BY WEB INFORMED AND USED UNDER LICENCE BY THE CLIENT - e-commerce packages, online booking systems etc. Where Web Informed designs and constructs an online application and the Client retains ownership & copyright to data, files, graphic logos and all other materials provided by the Client
in order to create/operate the application, however, the software code that enables the application to operate (created and written by Web Informed)
remains the intellectual property & copyright of Web Informed and cannot be used/re-used for any application other than the one agreed to in the client order.
2. OTHER APPLICATIONS CREATED BY WEB INFORMED - websites 3. ALL OTHER SERVICES - domain registrations, website statistics etc. Procedure for items 1 and 2 above :- After initial consulation a concept design will be presented to the client, there is no charge for this and carries no obligation to proceed further with the service. After acceptance of the concept design the client becomes bound by these Terms and Conditions and will be deemed to have have opened an `Account` with web-informed. Work then commences to customise the design, add pages etc. as per the Client's instructions (the Order) In the case of item 1 above customisations are chargable, the use of the application is charged on a monthly/yearly basis. In the case of item 2 above charges are made and invoices sent as work progesses, unless otherwise stated. CopyrightThe Client retains the copyright to data, files and graphic logos provided by the Client, and grants Web Informed the rights to publish and use such material in fulfilment of the Client Order. Artwork and graphic logos designed by Web Informed for use in the Client’s Web presentation will remain the property of Web Informed ; and at its discretion and under separate agreement, Web Informed will grant the Customer rights to use such material in formats other than Web presentations. Client must obtain permission and rights to use any information or files that are copyrighted by a third party and for Web Informed to include such materials in fulfilment of the Client Order. Client agrees to indemnify and hold harmless Web Informed from any and all claims resulting from the Client's negligence, intentional failure or inability to obtain proper copyright permissions. Client represents and warrants to Web Informed that all such permissions have been obtained, and evidence of all necessary permissions may be requested from the Client.
Web Informed wants your voluntary feedback and suggestions on the Services we provide so that we can continually improve the services for you and other customers. When you submit feedback and suggestions, please understand that Web Informed needs to have full rights to use your feedback and suggestions without any encumbrances. In particular, you should understand that by submitting any feedback or suggestions to Web Informed concerning the Services we provide, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Web Informed and its affiliated companies permission to: Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions; and Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions. These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to Web Informed use of the materials contained within such feedback or suggestions. Web Informed is under no obligation to post or use any materials you may provide and may remove such materials at any time at Web Informed sole discretion.
High bandwidth usage: Web Informed offers an unlimited use policy by maintaining very large ratios of bandwidth and disk space per customer. In rare cases, Web Informed may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, Web Informed reserves the right to impose the High Resource User Policy for the consideration of all customers.
Resources are defined as bandwidth, disk space and/or processor utilization.
While Web Informed makes all efforts to ensure the services we provide are both secure and robust, we make no claims about this security. If someone gains unauthorised access to your account they may/may not have access to customer details such as payment information, this is your responsibility. Hacking is a serious crime and effects most businesses. Should Web Informed and/or any system provided by Web Informed suffer a breach of security we cannot be held responsible. It is the client’s responsibility to delete credit card information after processing it.
Subscribers will indemnify and hold Web Informed harmless (including officers, employees, agents, and shareholders) of any and all claims, costs, expenses or liability resulting from any damage to Subscriber’s business, service, equipment, network, operations, or reputation resulting from Web Informed’s actions. Indemnification includes, but is not limited to, any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.
For Those Thinking About Committing Fraud :
Customer agrees that it shall defend, indemnify, save and hold Web Informed
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against Web Informed, its
agents, its customers, officers and employees, that may arise or result
from any service provided or performed or agreed to be performed or any
product sold by customer, its agents, employees or assigns. Customer agrees
to defend, indemnify and hold harmless Web Informed against liabilities
arising out of: FORCE MAJEURE Neither party shall be deemed in default of this Agreement or the Client Order to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, or any other cause beyond the reasonable control of such party; provided, that the party whose performance is affected by any such event gives the other party written notice thereof within ten (10) business days of such event or occurrence. DISCLAIMER Web Informed will not be responsible for any damages your business may
suffer, Web Informed makes no warranties of any kind, expressed or implied
for services we provide. Web Informed reserves the right to revise the above mentioned policies at any time. |