1. Definitions “Content”
Means the information, photographs, graphics, and other material on the Database.
“Installation”
Means all of the computer hardware and software and any other machinery
and equipment operated in conjunction with it and used by us to provide the
Services.
“Schedule”
Means the annex at the end of these terms and conditions that contains the Subscription Agreement and forms a part of these terms and conditions.
“Goods and Services”
Means and includes all or any goods or services provided by us, including but not limited to contacts, reminder style and email facility.
“Subscription Agreement”
Means the agreement as provided in the schedule to these terms and conditions. It explains the additional terms to join us for availing the Services.
“User”
Means any person who uses the Services or visits the website for any purpose and is identified as ‘you’ under these terms and conditions.
“Website”
Means our websites www.digitalsweeps.co.uk and includes all web pages controlled by us.
““We”, “us”, etc.”
Means Digital Sweeps. Where the context permits it also includes any business company or individual who shares an interest in the sale of any goods and/or service promoted on the website. Without limitation, it includes any subsidiary or associated company of ours, together with any licensor, affiliate, or network partner for the purposes of these terms.
2. Our contract
These terms and conditions regulate the business relationship between you and us. By buying our Services or using our Website free of charge, you agree to be bound by them.
3. Changes to terms
We may change these terms from time to time, information of which shall be provided to you 30 days in advance. The terms that apply to you are those posted here on our Website on the day you order Goods and /or Services from us. It may be useful to print a copy before ordering any goods and or services. You will be deemed to have consented for amended terms and agree to be bound by them on the expiry of 6 days from their posting on the website.
4. Price and payment
- We may change these terms from time to time information of which shall be provided to you 30 days in advance. The terms that apply to you are those posted here on our Website on the day you order Goods and /or Services from us. It may be useful to print a copy before buying the database. You will be deemed to have consented for amended terms and agree to be bound by them on the expiry of 6 days from there posting on the Website.
- The price charged for any Service may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country or meet all qualifying criteria.
- Prices are exclusive of any applicable value added tax or other sales tax and other charges, unless stated otherwise. You are responsible for any applicable taxes and other charges.
- We reserve the right to increase the price of the Services offered by us from time to time by informing you before the next due subscription but will be at least 30 days notice.
- We reserve the right to increase the price of the Services offered by us from time to time by informing you before the next due subscription but will be at least 30 days notice.
- Incase there is a fixed time length and price for the Services availed by you, then the original price will prevail for that time period. After the expiry of the offer period you will be charged for the Services at the new price. In case you do not agree to the altered price,you can still retain all of the information entered into the database for use of transferring to another provider or database.
- Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
- Any details given by us in relation to exchange rates are approximate only and may vary from time to time. You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
- Except as set out in FAQ or code of conduct etc, all monies paid by you to us are non-refundable and cancellation and/or termination of these terms by you or us at any time for any reason may not entitle you to a refund of monies paid.
- You will pay the Service charge in advance. There is no automatic facility to renew the subscription; the database will give prompts to ensure your subscription does not end without your knowledge.
- We will provide you an email receipt. If you request a paper copy, we may charge a fee for this. We will only provide the paper copies for the last subscription due date. If you find any error with regards to your bill, you must inform us immediately of such error within 14 days of discovery of such error appearing on your bill, failing which, we will not be liable for any loss resulting from that error.
- If any sum payable by you is not paid when due or does not complete the transfer process, you shall pay to us an interest @ 2% on it, calculated on a daily basis and compounded quarterly from the due date until payment at the rate of London Interbank Offered Rate.
- If you have any payment due on us, you shall provide all information, which we require to properly make the payment. If you receive a payment that was not due to you, you shall cooperate with us in reversing or returning of the payments.
- Title of Goods does not pass to the purchaser until the full and final payment to us. The responsibility and risk in the Goods shall pass to the buyer at the point of delivery and Digital Sweeps shall have no responsibility in respect of the safety of the Goods thereafter.
5. Acceptable use policy
You agree to comply with these provisions:
- You will not use or allow anyone else to use the Website or database to post or otherwise publish: Copyrighted works; Commercial audio,video or music files; Any material which violates the law of any established jurisdiction; Unlicensed software; Software,which assists in or promotes: emulators, phreaking, hacking, password cracking, IP spoofing; Links to any of the material specified in this paragraph; Pornographic material; Any material promoting discrimination or animosity to any person on grounds of gender, race or colour.
- You will not use the Services for spamming. Spamming includes, but is not limited to: The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients; The sending of junk mail; The use of distribution lists that include people who have not given specific permission to be included in such distribution process; Excessive and repeated posting off-topic messages to newsgroups; Excessive and repeated cross-posting; Email harassment of another internet user, including but not limited to, transmitting any threatening, libellous or obscene material, or material of any nature which could be deemed to be offensive; The emailing of age inappropriate communications or content to anyone under the age of 17.
- You will not use the Services in a manner, which violates any city, local, state, national or international law or regulation, or which fails to comply with accepted Internet protocol. You will not attempt to interfere in any way with the database, or attempt to use the Services to gain unauthorised access to any other computer system.
- You will immediately notify us, of any security breach or unauthorised use of your account. You will not interfere in any way with another User(s) use of the Services. You will not resell, rent, lease, grant a security interest in, or make commercial use of the Services without our express written consent.
- You agree not to assign, transfer, or authorise any other person to use, your Subscription Agreement. In case you do so, we reserve the right to terminate your Subscription Agreement.
- You may be able to place advertisement in or through the Services provided that the advertisement does not violate any intellectual property of any third party and does not breach the right of person or entity and is not defamatory.
6. Information you give us
You agree that you have provided us, and will continue to provide us accurate, up to date and complete information about yourself.
7. System security
- You agree that you will not violate and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation;
- You agree that you will,in no way,modify,reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of the database, or any software used on the website, and that you will not permit any other person to do so.
- You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
- Examples of violations are: Accessing data unlawfully or without consent; Attempting to probe,scan or test the vulnerability of a system or network or to breach security or authentication measures; Attempting to interfere with service to any user,host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”; Taking any action in order to obtain services to which you are not entitled.
8 Content and intellectual property rights
- Title,ownership rights and intellectual property rights in the Content whether provided by us or by any other content provider shall remain the sole property of us and / or the other content provider. We will strongly protect such rights in all countries.
- You may not copy,modify,publish,transmit,transfer or sell,reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in these terms.
- Subject to these terms and conditions, you may Post any Content owned by you on the database. You accept all risk and responsibility for determining whether any Content is in the public domain.
9 Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of your use of the Services, the breach or violation of these terms by you, or the infringement by you, or by any other user of the Services using your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communication.
10 Our liability
Your use of the Services is without any warranty or guarantee. Your statuary rights are not affected.
Where we provide a service without specific charge, then it is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual or other obligation upon us in respect of any such service.
- You are advised that content may include technical inaccuracies or typographical errors.
- We give no warranty and make no representation,express or implied, as to:
- The truth of any information given on the website by any associate or third party;
- Any implied warranty or condition as to merchantability or fitness for a particular purpose;
- Compliance with any law;
- On-infringement of any right.
- Any claim related to these Terms and Conditions or Services may be brought within one year of occurrence of such claim. Your claim will be barred permanently in case it is not filed within the specified time. The one-year period shall begin on the date when the claim first could be filed.
11 Storage of data
- We assume no responsibility for the deletion or failure to store, deliver or timely delivery of messages or correspondence.
- See Termination section regarding procedures on exporting your contact data out if you wish to terminate your account at any time.
12 Modification
These terms may be changed by us at any time, by giving you a 30 days advance notice of our intention to do so. Your continued use of the Services after such modifications shall be deemed an acceptance by you to be bound by the modified terms. In addition to that, we reserve the right at all times to modify the Services as per our sole discretion without any prior notice to you.
13 Severability
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
14 Action Limit
You and we agree that any cause of action arising out of or related to the
Services must commence within one year after the cause of action arose;
otherwise, such cause of action is permanently barred.
15 Force majeure
- Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including acts of God, fire, natural disaster, war or military hostilities but excluding the strikes of its own employees.
- Each of the parties agrees to give notice immediately to the other upon becoming aware of an event of force majeure such notice to contain details of the circumstances giving rise to it.
- If a default due to force majeure shall continue for more than 6 weeks then the party not in default shall be entitled to terminate these terms.
- Neither party shall have any liability to the other in respect of the termination of these terms as a result of force majeure.
16 No waiver
No waiver by us, in exercising any right shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
17 Relationship of parties
Nothing in these terms shall create a partnership, joint venture or agency or the relationship of employer and employee between us.
18 Dispute resolution
In the event of a dispute arising out of or in connection with these terms between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
19 Jurisdiction
These terms shall be interpreted according to the Laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English courts. The United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded, shall not govern these terms.
20 Assignment
We may assign the terms and conditions in whole or in part, at any time with or without notice to you. You may not assign the terms and conditions, or any part of it, to any other person. These terms and conditions are solely for our mutual benefit. It is not for the benefit of any other person, except for permitted successors and assigns under the terms and conditions.
21 Notices
We send information or notices in connection with the Services electronically. If you do not consent to receive any notice electronically, you must stop using the service. Information or notices provided to you via email will be deemed given and received on the transmission date of the email.
22 Copyright and trademark notices
Our suppliers or we own the title, copyright, and other intellectual property rights in the software or content. Any rights not expressly granted herein are reservedPlease respect the rights of artists and creators. You may not share other people’s content unless you own the rights or have permission from the owner.
Subscription agreement
This agreement is in addition to, but not in derogation of our Terms and Conditions and Privacy Policy.
1. Definitions
All the definitions in the terms and conditions document will be applicable in this Subscription Agreement unless a different meaning is assigned to them in this agreement. The following definitions apply to this agreement unless the context requires a different interpretation:
“Additional Users”
Means a person who is added to the User’s account by the User.
“Users”
Means a person, who first signs up, agrees and pays for the Services and is responsible to ensure compliance of these terms from an Additional User. “You” / “yours” Means the User.
2. Subscription
This Subscription agreement contains a simple one step online process. It
requires you to open an account with us to avail our Services. It includes
some follow up communications from us.
3. Sign-up
You can sign-up directly on the website https://www.digitalsweeps.co.uk with or without telephone support for availing our Services.
4. Pricing and services
Our pricing is based on a pay as you go scheme. We charge a yearly subscription fee for the service. The charge may change as per the terms and conditions.
Additional extras
One off set up fee
Upload logo, email signature, set up default settings, tags, user access controls, and import data from other software packages:
Free but up to £150 depending on the complexity of the database being transferred.
Tutorials
Training sessions
Free for the first half hour and charged at £10 per half hour thereafter.
5. General obligations and rights–ALL services
Service obligation:
- We will not sell your details to anyone else.
- We will not advertise to you once you leave the service unless you elect to remain on the opt-in newsletter.
Servicerights:
- We reserve the right to send non-marketing messages to everyone.
User rights:
6.1. Upgrade / downgrade with notice.
6.2. All data (relating to contacts details, company information etc.) kept within the Service is private and shall remain as your property.
6.3. Use the Services as soon as you have finished the sign-up process and user codes have been sent. No cooling off period applies to the service except if law requires a cooling off period.
7. User Obligations:
7.1. Other charges (as per internet access charge) shall be levied on you by your wireless or fixed line or other provider in your use of the Service.
6. Refunds
1. No refunds can be given once payment is completed and a valid code has been sent,unless due reason about an irreparable defect within the database is given within 30 days of subscription fees being paid. Any defects must be given a reasonable timeframe to repair; the timeframe may vary depending on the defect in question.
7. Miscellaneous provisions
- We reserve the right to deny subscription to any party at any time for any reason.
- If we provide any software to you as a part of the Service, then the use of that software is subject to the terms and condition of the license that is presented to you for acceptance for that software. In case no license is presented to you, we grant you the right to use the software only for the authorise use of the service on compatible equipment of Users. You shall not modify, adapt or translate, disassemble, decompile, reverse engineer or otherwise attempt to discover the source code of the Database. At the end of the Service, your license to use the software will also end and you shall immediately uninstall the software.
- The Services may require updates from time to time to function effectively. Updates are only available for downloads and use during your subscription term or trial period as the case may be.
- Paid subscribers are entitled to technical support, which may include web-based content, online chat, email, remote control access and telephone-based technical support.
- Payments are preferred by online means but Cheques or cash will be accepted as a means of payment
- Access to annual invoices–these are emailed to you once payment is taken.
8. E & OA
