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Dental Advertising Club and CR4L

Products and Services Terms and Conditions

Introduction

We are Dental Advertising Club, part of CR4L Marketing, a company of the Old Batch, Bradford on Avon, BA15 1TL (“we/our/us”). Email –info@cr4l.com

We and some of Our Representatives operate a range of websites,

including Our UK Website and Our USA Website (“Websites”), that list

the products and services, which we offer for sale to businesses. We

also make our services available in person, face to face or over the

telephone. We use the words “Service” and “Services” to refer to any

or all of our products and services.

The legal terms and conditions on which we sell the Services (“Terms”)

are made up of:

1) this Introduction;

2) the general terms and conditions applicable to all Services, which are

set out below (“General Terms”);

3) the terms and conditions specific to each individual Service, available

by clicking on the appropriate hyperlink or by scrolling down to the end

of these General Terms (“Service Terms”); and

4) any other policies, documents or pages that are referred to in either

the General Terms or the Service Terms (“Additional Terms”).

Our Services and the Terms may change over time. We will notify you

of these changes as they occur. For further details of the types of

changes that we may make, please see paragraphs 6 and 8(c)(i) below.

Once you order Services from us and we confirm your order, both we

and you (on your own behalf and on behalf of the business you

represent (if any)) will have to comply with the Terms. Please read the

Terms carefully and make sure that you understand them, before

ordering any Services from us. We strongly recommend that you read

the General Terms and all Service Terms and Additional Terms that

apply to the Services that you want to buy.

You will need to accept the Terms before you order our Services. If you

do not accept the Terms, you will not be able to order any Services from

us. You should print a copy of the Terms, or save them to your

computer, for future reference.

General Terms

1. Definitions

When the following words with capital letters are used in the Terms, this

is what they mean:

“Agreement” means the Service Description, the Service Pricing, the

Confirmation of Order and the Terms.

“Beta Services” has the meaning given in paragraph 14(a).

“Confirmation of Order” means the document, webpage or electronic

communication that we issue to you to confirm our acceptance of your

Order.

“Content” means any and all textual, graphical, visual and audio

content including text, code, graphics, images, logos, photographs,

sounds, music, video, animation, characterization, URLs, trademarks,

data, media and other content in any form.

“Domain Name” means an internet domain name that is registered

through a Registry.

“Event Outside Our Control” means any act or event beyond our

reasonable control, including without limitation strikes, lock-outs or other

industrial action by third parties, civil commotion, riot, invasion, terrorist

attack or threat of terrorist attack, war (whether declared or not) or

threat or preparation for war, fire, explosion, storm, flood, earthquake,

epidemic or other natural disaster, or failure of public or private

telecommunications networks.

“Fees” means the fees payable by you for the Services, which are

described in the Service Pricing.

“Free Services” has the meaning given in paragraph 15(a).

“Intellectual Property Rights” means all (a) copyrights, patents, rights

in trademarks, design rights, database rights, rights in know-how, trade

secrets, service marks, domain names and rights in confidential

information (whether registered or unregistered); (b) applications for

registration, and the right to apply for registration, renewal, extension,

division or reissue, for any of the rights listed in (a); and (c) all other

intellectual property rights and equivalent or similar forms of protection

existing anywhere in the world.

“Laws” means laws, regulations, rules, orders, codes of practice or

other requirements of governmental or regulatory bodies with authority

existing anywhere in the world.

“Minimum Term” has the meaning given in paragraph 3(b).

“Monthly Budget” means the monthly budget for the Services that may

be selected by you from time to time and which is described in the

Service Pricing.

“Order” means your order for the Services (including a request to use

Trial Services or Free Services) which typically may be placed online via

the Websites or our electronic contracting portal.

“Our Content” means all Content that we create, publish or otherwise

use in connection with providing the Services, including any Content

that we create on your behalf or license from third parties.

“Our Data” means any and all data relating to the Services or their use

by you or anyone else, including data about the transactions processed

through your use of the Services and any other data identified as “Our

Data” in the Service Terms.

“Our Representatives” means our affiliates and any employee, partner,

agent, contractor, service provider, licensor or other representative of us

or of our affiliates.

“Registry” means any of the Domain Name registries or registrars,

which is run under the rules of ICANN. For the purposes of the Terms,

any Registry shall be treated as one of Our Representatives.

“Service Description” means the description of a Service made

available by us (including via our Websites) from time to time.

“Service Month” has the meaning given in paragraph 3(b).

“Service Pricing” means the pricing information for a Service made

“Start Date” has the meaning given under paragraph 3(a).

“Transaction Data” means the order and shipping information that we

give or show you in connection with the sale of your own products and

services and any other data or information we or Our Representatives

give you or you get from us or Our Representatives in connection with

the sale of your products or services or the submission of appointment

requests for your services.

“Trial Services” has the meaning given in paragraph 13(a).

“You” and “you” means both the individual entering into the Agreement

and the business (if any) on whose behalf the individual is entering into

the Agreement and the terms “Your” and “your” shall be construed

accordingly.

“Your Content” means all Content that you or your employees, agents

and contractors create, upload, publish or otherwise provide or use in

connection with your use of the Services.

“Your Data” means any data that you give to us or let us access about

you, your business, your actual or prospective customers or the

products and services that you sell and any other data identified as

“Your Data” in the Service Terms, but excluding Our Data.

“Your Taxes” means any and all value added, sales, use, excise,

import, export and other taxes and duties assessed, incurred or required

to be collected or paid for any reason in connection with any

advertisement or the offer or sale of the goods and services that you

advertise or sell through, or in connection with, the Services.

2. How the Contract is Made between You and Us

(a) Please take the time to read and check your Order before you

submit it to us.

(b) Your Order will not be accepted until we issue you with a

Confirmation of Order. Once we issue you with a Confirmation of Order,

the Agreement between us will be made. If you have placed an order for

the Services with the help of our US-based telesales team then once we

provide you with the Confirmation of Order and the contract has

commenced, you still have a cancellation right under paragraph 21(c).

(c) If we are unable to supply you with a Service, for example because

that Service is no longer available, we will inform you of this by email

and we will not process your Order. If you have already paid for the

Services, we will refund you the full amount as soon as possible.

(d) Some of our Services give you the option to upgrade or downgrade

to a different version of that Service. If you want to upgrade or

downgrade any Service that you have bought from us, you will need to

follow the instructions in the relevant Services Terms. This also applies

where we give you the option to upgrade from a Trial Service or Free

Service to a full version of that Service. Please note that we do not offer

upgrades and downgrades for all of our Services. We will try to make

your upgrade or downgrade effective as soon as possible, but you

agree that this may not happen until the start of a future Service Month.

(e) If any of the various parts of the Agreement is inconsistent with any

of the other parts of the Agreement, the following order of priority will

apply: (i) Confirmation of Order; (ii) Service Terms; (iii) General Terms;

(iv) Additional Terms; (v) Service Description; and (vi) Service Pricing.

3. Contract Term

(a) The Agreement will begin on the date that we send the Confirmation

of Order (“Start Date”).

(b) If there is a minimum term requirement for a Service, this will be set

out in the Service Terms and will be confirmed to you in the

Confirmation of Order (“Minimum Term”). The Agreement will

otherwise continue on a month-to-month basis from the Start Date (or

from the end of the Minimum Term, if applicable) until cancelled by us or

you. Each of these monthly periods will be known as a “Service

Month”. By way of example, if the Start Date were 5 January, the first

Service Month would run from 5 January to 4 February and the second

Service Month would run from 5 February to 4 March.

4. Our Services

(a) In return for the Fees, we will provide you with access to and use of

the Services that you have bought.

(b) We try to perform the Services as described in the corresponding

Service Descriptions.

(c) You agree that we may change how Your Content looks, “feels” or is

formatted if we think this is necessary or more convenient for us to

provide the Services.

(d) Some of our Services rely on third parties, for example Google™ or

Facebook™, to do certain things. You acknowledge that (i) we may not

be able to provide a particular Service feature where you do not meet

criteria set down by a relevant third party; (ii) we do not have any control

or exercise influence over the third party’s own services; and (iii) a third

party’s service may stop or change from time to time. You acknowledge

that these are Events Outside Our Control and that neither we, nor Our

Representatives, will be responsible for any impact these events may

have.

(e) Some of our Services give you the option to use third party tools or

Content, for example Google Maps™. You agree that this use is subject

to the terms and conditions of those third parties and that we are not

responsible for the performance or non-performance of any third party

tools or Content.

(f) Where a Service feature involves setting up an account or setting up

or administering a page or pages on a third party website, you

acknowledge that: (i) where necessary, we are authorised to set up an

account on your behalf; (ii) we are authorised to administer the account,

page or pages on your behalf; and (ii) you are authorised and grant us

permission to display all Content on the pages or account.

(g) Some of our Services involve us acting on your behalf as your agent,

for example, to repoint or move your own Domain Name from one

hosting provider to another. You acknowledge and agree that: (i) where

necessary, we are authorised to act on your behalf as your agent; (ii) we

are authorised to administer your account,on your behalf; and (iii) you

are remain responsible for your account with any third party providers.

5. Customer Contact

(a) Our customer support team is available 24 hours a day 7 days a

week, by simply clicking on the “Contact Us” section in the footer of our Websites. Alternatively you can email, telephone or write to us

using the contact details we put on our Websites or in correspondence

to you. If we can’t answer your question, we may pass you on to a third

party expert who will try to resolve it.

(b) If we need to contact you, we will do so by email, telephone or post.

6. Changes to the Services or the Terms

(a) We may make changes to the Terms from time to time. If we change

the Terms, we will let you know, either by email or when you next log in

to the Services.

8. Fees and Monthly Budgets

(a) For all Services we will charge you by way of Fees or a Monthly

Budget. The Service Pricing for each Service confirms how we charge

for that Service. Fees and Monthly Budgets will be chargeable from the

Start Date.

(b) We may use your information to obtain credit reports about you from

time to time and you agree we can do this. This may include us passing

your Personal Data, including your payment details, to credit reference

agencies and these agencies may keep a record of any search that they

carry out on our behalf.

(c) Fees

(i) The Fees will be as quoted in the Service Pricing from time to time in

the applicable currency. We may change the Fees for the Services from

time to time. We will notify you of any changes to the Fees either by

email or when you next log in to the Services.

(ii) The Service Pricing will explain whether the Fees that you are to pay

for the Services are one-off Fees, recurring Fees (for example, monthly,

annual, etc.), transaction-based service Fees or some other kind of

fees.

(iii) The Fees for a Service exclude all applicable sales taxes and other

taxes which will be added on to the Fees.

(d) Campaign Budget

(i) The Campaign Budget includes our charges for the Services.

(ii) We will try to provide Services up to but not more than the value of

your Campaign Budget in any Service Month. Where there is any

Monthly Budget left at the end of a Service Month, we will automatically

roll this over into the next Service Month.

(iii) If a Service is charged on a cost-per-click (“CPC”) or cost-perthousand-

impressions (“CPM”) basis, the number of clicks or

impressions shall be exclusively calculated by us. Unless there is an

obvious mistake on our part, you acknowledge and agree that click and

impression statistics provided by us are the official, definitive

measurement of activity and that no other measurements or usage

statistics (including those of a third party or your own) will be accepted

by us. We will try to meet any CPC or CPM targets listed in the Service

Description, but you agree that these are only targets and are not

guaranteed.

(iv) The Campaign Budget for a Service excludes all applicable sales

taxes and other taxes which will be added on to the Monthly Budget.

9. How to pay

(a) When you submit your Order, you must provide us with the payment

information that we request, which may include:

(i) details for a valid credit card from a card scheme acceptable to us;

(ii) details for a valid bank account in Your Country; or

(iii) details for a valid PayPal account.

(b) You must keep your credit card, bank account or PayPal account

information up to date at all times during the term of the Agreement.

You authorize us to check your information (including any updated

information), to obtain credit authorizations from the issuer of your credit

card, and to either charge your credit card or debit your bank account or

PayPal account from time to time for any sums payable by you to us.

(c) You must pay for the Services when we require you to. We will

charge the card or take the money from the bank or PayPal account

whose details you give us when you place your Order.

(d) If you don’t pay when you are supposed to:

(i) we may charge you interest on the overdue amount at the lesser of

1.5% per month or the highest rate allowed by applicable Laws. This

interest will accrue on a daily basis from the due date until the date of

actual payment of the overdue amount, whether or not this payment

occurs before or after any court judgment is made. You must pay us

interest in addition to the overdue amount; and

(ii) we reserve the right to suspend or cancel all or part of the Services

and your access to them.

(e) We may offset any amounts you owe us (whether in reimbursement

or otherwise) against any payments we make to you.

10. Service Availability and Security

(a) You understand and acknowledge that the Services are not intended

to be error free and that from time to time the Services may contain

mistakes, be unavailable or may not be fully functional. This may be as

a result of planned or required maintenance, repairs or updates,

equipment failures, high volumes of internet traffic, interruption of

telecommunications or digital transmissions links, network or system

errors or many other factors.

(b) We will try to minimise any disruption to your use of the Services,

however, we do not promise that any Service will be provided on a

continuous and uninterrupted basis, or that we will be able to correct

any error that occurs in the Services. We will not be not liable for any

interruptions to the Service availability or functionality, whether caused

by an Event Outside Our Control or by anything else.

(c) You should notify us if you notice any problems with the availability

or functioning of the Services so that we can try to fix these problems.

(d) We may temporarily suspend any Service at any time if:

(i) we believe this is necessary in order to carry out essential

maintenance;

(ii) we believe this is necessary in order to prevent or respond to

hacking attempts, service attacks or other similar activities directed at

our systems, or to deal with any other emergency technical issue;

(iii) we have reason to believe that you are no longer using the Services

or that the password and access codes we have provided to you are

being misused, for example, where you fail to respond to emails from us

or Our Representatives regarding your contact information; or

(iv) this suspension is required by a third party with authority, including

any of Our Representatives, ICANN and judicial, regulatory or

governmental bodies.

(e) Although all information transmitted to us is stored in operating

environments which we believe are within industry standards for

security, you acknowledge and agree that no data stored on or

transmitted over the internet can be guaranteed to be 100% secure. We

are not responsible for any security breach or any interception or

interruption of Your Content, Your Data or any communications that you

send through your use of the Services.

(f) You are responsible for securing and backing up Your Content and

Your Data.

11. Your Use of the Services

How you may use the Services

(a) You and any employees, agents or contractors who you authorise,

are allowed to access and use the Services for your normal, internal,

business activities for the term of the Agreement. Please note that you

are not allowed to resell the Services or give them away or to transfer

your rights or any Agreement to a third party.

(b) You are responsible for arranging your online access to the Services

and for paying any relevant fees, for example, to your broadband

supplier. You are also responsible for having all the necessary

equipment for accessing the Service.

(c) You will provide us with Your Content and Your Data when we

request it.

(d) You will only use the Services in compliance with applicable Laws

and you agree not to ask a third party to do anything on your behalf that

does not comply with applicable Laws. This will include complying with

all Laws that apply to your business, any local Laws that apply in the

countries in which you access and use the Services, and any Laws

relating to the marketing, advertising or sale of the goods and services

you offer (and in particular any Laws relating to online marketing,

advertising or sales).

(e) If a Service relies on third parties, for example Google™ or

Facebook™, you may be required to comply with that third party’s rules

or guidelines when you use that Service.For Services that include

email and mailbox features, you must comply with the “Open SRS

Acceptable Use Policy for Email”.

(f) If we think your use of the Services is excessive, we will tell you. If

you don’t reduce your usage, we may suspend or cancel your access to

the Services. We may also set limits on your use of the Services, for

example, a maximum number or maximum size of emails sent or

received over the Service.

(g) You will meet all written security or network access requirements

that we provide to and you will not disclose any passwords or access

codes that we give you, except where this is needed for your authorised

employees, agents and contractors to access and use the Services on

your behalf and you are responsible for actions taken when your logon

details are used.

(h) You will notify us immediately if you become aware of any

unauthorised use of passwords or access codes that we give you or any

other breach of security that could affect us or the Services.

(i) You are responsible for the remittance, calculation and collection of

Your Taxes. You acknowledge that we have no responsibility for Your

Taxes and we recommend that you seek independent advice from a tax

professional.

(j) You understand and agree that we do not, in any circumstances,

approve or endorse any product or service that you may market or sell

through your use of the Services or Your Content.

(k) Where the Services require action by you, for example to carry out

file clearing or maintenance, you will do what’s needed for the upkeep of

these Services.

(l) You are responsible for all use of the Services by you and your

employees, agents and contractors. We will not, in any circumstances,

be liable to you or any third party for any damage that is caused, or any

loss that is suffered, as a result of the use of the Services by you or your

employees, agents and contractors.

(m) We may provide the users of our Services with tools which allow

them to rate you or the goods and services that you provide through

your use of the Services, to provide feedback or to ask you questions.

We may make these ratings, feedback, questions and answers publicly

available.

(n) We are entitled to sign you out of the Services if you are inactive for

an extended period of time and to modify your user settings without

notice.

Ways in which you may not use the Services

(o) Unless paragraph 11(p) applies, you will not:

(i) tamper with, update, change or gain unauthorised access to any part

of any of our Services or the software or systems that we use to run the

Services;

(ii) use any automated means to monitor or copy the Services or Our

Content, or to interfere with or attempt to interfere with how the Services

work;

(iii) modify, edit, reverse assemble, reverse engineer, decompile,

distribute or display any part of our Services or make other works based

on any part of our Services.

(iv) use the Services to store or transmit viruses, bugs, Trojans and

other forms of computer programming malware;

(v) interfere with or disrupt the performance of the Services or any third

party data;

(vi) attempt in any way to test, circumvent or breach the security of any

part of our Services;

(vii) copy, republish, download, change, display or distribute any part of

Our Content, in any form or by any means;

(viii) disable any licensing or control features of the Services or in any

way interfere with features which place limitations on the use of the

Services;

(ix) remove, obscure, or alter any notice of copyright, trade mark or

other mark or wording relating to ownership rights, which is contained in

Our Content or any aspect of the Services;

(x) use the Services in any way which may be considered deceptive,

misleading or unethical or which might harm us, Our Representatives or

the general public;

(xi) use the Services in any way that is not allowed under the

Agreement;

(xii) access the Services through any means other than those which we

tell you are acceptable;

(xiii) use the Services in a way that interferes with their normal operation

or that consumes a disproportionate share of their resources;

(xiv) use the Services to collect or use email addresses, screen names,

other identifiers or information;

(xv) use the Services to use an internet account or computer without the

owner's authorisation;

(xvi) use the Services to monitor data or traffic on any network or

system;

(xvii) use the Services to distribute software that covertly gathers or

transmits information about a user; or

(xviii) sub-license, assign, rent or resell the Services to any third party.

(p) You are permitted to carry out any of the actions set out in

paragraph 11(o) to the extent that:

(i) you have a right to do so under relevant Laws and this right cannot

lawfully be excluded by a contract;

(ii) we have granted you a right to do so under the Agreement; or

(iii) we have authorised you to do so in writing.

Your Promises to Us

(q) You confirm that you have (and will maintain for the term of the

Agreement) all the necessary permissions, licences and consents (in all

relevant countries) to allow you to use Your Content and Your Data in

connection with the Services. You will provide evidence of the

necessary permissions, licences and consents if requested by us.

(r) You confirm that Your Content and Your Data:

(i) are true, accurate, complete and kept up to date;

(ii) are in a format approved by us;

(iii) do not infringe or assist in the infringement of any Intellectual

Property Rights or other rights belonging to a third party;

(iv) are not defamatory, libellous, fraudulent, malicious, slanderous,

obscene, harmful, threatening, harassing, discriminatory, racially or

ethnically offensive or otherwise inappropriate or unlawful;

(v) have not been altered in order to disguise where they came from;

(vi) do not contain sexually explicit images or promote unlawful violence;

(vii) are free of viruses, bugs, Trojans and other forms of computer

programming malware that may potentially damage, interfere with or

intercept our systems or any data contained within those systems;

(viii) do not create a risk to the safety or health of any person or the

public, or interfere with an investigation by law enforcement; and

(ix) comply with our Advertising Policy.

(s) You acknowledge that we are not under a duty to publish any of

Your Content or Your Data. We may remove, reject or delete any of

Your Content or Your Data for any reason. Without limiting our rights

under paragraph 17, we may also change any of Your Content or Your

Data if we consider it does not comply with paragraph 11(r), although

we are not required to do this.

(t) You acknowledge and accept that you are responsible for Your

Content and Your Data and any use that is made of them by any third

party.

(u) You will not disparage us, Our Representatives or our Services, or

any user of our Services.

(v) You will reimburse us and Our Representatives in full for any

damage, loss, liabilities, fees, costs and expenses that we or they suffer

(including any claims brought against us or them by third parties) as a

result of you not following any part of this paragraph 11.

12. Domain Names

(a) The Registry may reject applications for Domain Names based on its

standard rules for handling applications. We provide no guarantee that

any application we make on your behalf for a Domain Name will be

accepted.

(b) If your preferred choice of Domain Name is not available, we will

give you the option to select an alternative Domain Name. If your

preferred Domain Name becomes unavailable between checkout and

registration we will advise you of this and we will either offer you an

alternative Domain Name or (at your option) refund to you any Fees that

you have paid us in respect of the relevant Domain Name.

(c) We do not give any guarantee that any of your preferred Domain

Names are available or are able to be registered. Any actions that you

take before we notify you that the Domain Name has been officially

registered, for example publishing your preferred Domain Name, are at

your own risk.

(d) You will need to inform both us and the Registry promptly of any:

(i) change to your registered details for the Domain Name, for example

your contact information; and

(ii) actual or potential claims brought by or against you in connection

with the Domain Name.

(e) We will renew the Domain Name automatically each year unless you

cancel the Domain Name or any Service which comes with the Domain

Name, or if you sell or otherwise transfer the Domain Name to a third

party.

(f) The Service Terms confirm who owns the Domain Name and who is

responsible for paying the fees for renewing the Domain Name each

year. You acknowledge that the fees for renewing the Domain Name

may change each year and that this may affect the overall Fees that

you pay for the Services.

(g) We will not be liable for any loss that you suffer as a result of your

failure to renew the Domain Name registration once you have cancelled

the Domain Name or any Service which comes with the Domain Name,

or if you have sold or otherwise transferred the Domain Name to a third

party.

(h) When we register or renew your registration of a Domain Name you

understand and accept that we will be acting on your behalf as your

representative. You must comply with the terms and conditions, rules

and policies of the Registry or Registries where the Domain Names are

registered.

(i) If the Domain Name is to be transferred from one Registry to another,

you will provide any assistance that we or the Registries require in order

for the transfer to take place.

(j) When we provide you with a domain name we act as a reseller

of Tucows.com Co. As well as complying with the terms and

conditions, rules and policies of the relevant Registry or

Registries (including Tucows), you must at all times comply with

the Master Domain Registration Agreement (“MDR”) for each

Domain Name that we register on your behalf. You will note that

some of the wording of the MDR is quite legal and technical.

Unfortunately this is an agreement between you and Tucows.com

Co. and the wording is standard for any agreement relating to

registering a Domain Name, whether this is done through us or

directly with a Registry, and we are unable to change the wording

of the MDR. We strongly recommend that you read the MDR (and

any documents, rules and policies referenced and linked to within

the MDR) very carefully and that if necessary, you seek

independent legal advice to ensure that you have fully understood

the MDR. In particular you should carefully consider the

paragraphs relating to “liability” and “indemnities” contained in

the MDR as these may affect your legal rights.

(k) We also recommend that you read ICANN's Registrants’ Rights

and Responsibilities document . This document contains

important information about your rights and duties relating to the

Domain Name that we provide to you.

 

13. Trial Services

(a) This paragraph 13 applies where we give you a trial of any of the

Services ("Trial Services").

(b) Each customer is allowed one Trial Service of each relevant Service

category. We will provide the Trial Service for the time period specified

in the Service Terms (“Trial Period”) free of charge.

(c) The Service Description for each Trial Service sets out additional

terms that apply to that Trial Service.

(d) The Trial Services will be automatically cancelled at the end of the

Trial Period. If you want the service to continue after the end of the Trial

Period, you will have the option to place an Order for a Service of the

same Service category. Some of the basic options for the Services you

might order may be Free Services.

(e) Trial Services are not transferable and no cash alternative will be

provided. We reserve the right to change or withdraw the Trial Services

at any time and we will not be liable to you in these circumstances.

(f) In return for receiving the Trial Services, you agree to take part in

email or telephone feedback and market research surveys from time to

time during the Trial Period, and for 6 months after the end of the Trial

Period. We are entitled to use your feedback in our advertising,

promotions and sales and marketing materials.

(g) All the provisions of the Terms will apply to the Trial Services in the

same way as they apply to the Services except that paragraphs 4(b), 8

and 9 of these General Terms will not apply to the Trial Services.

14. Beta Services

(a) This paragraph 14 applies where we provide you with a “Beta”,

“Alpha”, “Experimental”, “Pilot”, “Evaluation”, “Pre-release”,

“Unsupported” or similar version of any of the Services ("Beta

Services") for a period of time ("Beta Use Period"). The term “Beta

Services” will also include any Service or any feature of any Service that

is identified as “Beta”, “Alpha”, “Experimental”, “Pilot”, “Evaluation”,

“Pre-release”, “Unsupported” or anything similar.

(b) The Beta Services are provided "as is" and we do not make any

promises of any kind in relation to them. We do not promise that the

Beta Services will be free from faults or defects and we will not be liable

for any loss of, or corruption to, Your Data that may happen due to your

use of a Beta Service. You agree that your use of the Beta Services is

at your own risk and that you have sole responsibility for protecting Your

Data and Your Content when making any use of the Beta Services. If

any representations or guarantees apply to the Beta Services by law,

we exclude those as far as it is within our rights to do so.

(c) We reserve the right to change or withdraw the Beta Services at any

time and we will not be liable to you in these circumstances.

(d) All the provisions of the Terms will apply to the Beta Services in the

same way as they apply to the Services except that paragraph 4(b) of

these General Terms will not apply to the Beta Services.

15. Free Services

(a) This paragraph applies where we provide you with Services free of

charge which are not Trial Services or Beta Services ( “ Free

Services”).

(b) The Service Description for each Free Service sets out additional

terms that apply to that Free Service.

(c) All Free Services are provided "as is" and we do not make any

promises of any kind in relation to them. We do not promise that Free

Services will be free from faults or defects and we will not be liable for

any loss of, or corruption to, Your Data that may happen due to your

use of a Free Service. You agree that your use of Free Services is at

your own risk and that you have sole responsibility for protecting Your

Data and Your Content when making any use of the Free Services. If

any representations or guarantees apply to Free Services by law, we

exclude those as far as it is within our rights to do so.

(d) We reserve the right to change or withdraw Free Services at any

time and we will not be liable to you in these circumstances.

(e) All the provisions of the Terms will apply to the Free Services in the

same way as they apply to the Services except that paragraph 4(b), 8

and 9 of these General Terms will not apply to Free Services.

(f) In return for receiving the Free Services, you agree to take part in

email or telephone feedback and market research surveys from time to

time while you are receiving the Free Services, and for 6 months

afterwards. We are entitled to use your feedback in our advertising,

promotions and sales and marketing materials.

18. Data and Privacy

(a) You will own all rights in Your Data and you are solely responsible

for ensuring the legality, reliability, integrity, accuracy and quality of

Your Data.

(b) You will make sure that all use of the Services by you, or your

employees, agents and contractors, will meet all relevant data

protection and privacy Laws.

(c) We are the sole owners of all rights in Our Data and we may use it at

our discretion and without restriction, including after cancellation of any

or all of the Services. You must not: (i) disclose any of Our Data to

anyone; or (ii) use any of Our Data for any marketing or promotional

purposes or in any way that is inconsistent with our Privacy Policy or

applicable Laws.

19. Confidentiality

(a) As a result of entering into the Agreement, you may get access to,

information about us which is not known publically (“Confidential

Information”). You must keep this secret and you are not allowed to

share it with any third party or allow any third party to look at it, and you

must make sure that your employees, agents and subcontractors, meet

these rules too.

(b) You must make sure that our Confidential Information is only used

by people who need it in order to carry out duties they may have in

connection with the Agreement.

(c) This paragraph 19 will not prevent you sharing information which is

already known generally to the public, known to you outside of the

Agreement.

(d) If you become aware of any actual or threatened unauthorised use

or sharing of any of our Confidential Information, you must tell us as

soon as possible.

20. Our Liability to You

(a) There is no limit under the Agreement to what we or any of Our

Representatives will be liable for if we have committed fraud.

(b) Except for the matters set out in paragraph 20(a), neither we nor any

of Our Representatives will, in any circumstances, be responsible for

any:

(i) loss of profits, sales, business, or revenue;

(ii) loss, or corruption of data, information or software or loss of use of

information;

(iii) loss of business opportunity;

(iv) loss of savings you expected to make;

(v) loss of goodwill; or

(vi) loss or damage that you and we would not have thought likely at the

time the Agreement was formed.

(c) If we do not keep to these Terms, we will only be responsible for

losses you have suffered which you and we would have thought likely at

the time the Agreement was formed. We are not responsible for any

other loss that you suffer, whether that loss is caused because we have

not kept to our obligations under the Agreement, because of something

we have done or not done, because we have made defamatory

statements or otherwise as a result of:

(i) you using or relying on the Services;

(ii) you not being able to use the Services;

(iii) any mistake, fault, failure to do something, missing information, or

virus or other form of computer programming malware in the Services or

if the Services don’t work properly because of Events Outside Our

Control;

(iv) theft or destruction of information or someone getting access to our

records, programs or services without our permission; or

(v) any information, data, message or other material which you email,

post, upload, reproduce, send, or otherwise distribute or receive using

the Services.

(d) Except for the matters set out in paragraph 20(a), in no

circumstances will we or any of Our Representatives be liable to you for

the Trial Services, Beta Services or Free Services.

(e) Except for the matters set out in paragraph 20(a), our liability to you

for any loss or damage suffered by you in connection with the

Agreement or Services will be limited to the total Fees or Monthly

Budget that you have paid to us for the affected Service in the 6 months

prior to the event giving rise to our liability. You also agree that, except

for the matters referred to in paragraph 20(a), Our Representatives will

not be liable to you for any loss or damage you may suffer due to the

provision of, or failure to provide, the Services.

(f) Except as set out in the Terms, we do not make any promises in

relation to the Services. Where any promises would be implied into the

Agreement by law, we exclude these as far as it is within our rights to

do so. It is up to you to decide whether the Services are suitable for

your needs. We won’t be responsible for this. We do not make any

promises concerning the performance, results or success rates that

may be achieved by any Service.

(g) We do not control the Content made available by your use of the

Services and we do not guarantee the accuracy, truth, quality or

appropriateness of this Content for your needs. By using the Services,

you may be exposed to Content that is offensive or indecent (including

spam), or which may contain viruses or other computer programming

malware. Under no circumstances will we or Our Representatives be

liable in any way for any Content posted, emailed, transmitted or

otherwise made available by your use of the Services.

21. Your Cancellation and Refund/Credit Rights

Cancellation by You

(a) You may cancel any or all of the Services at any time , either by

telephoning us, emailing us or writing to tell us. Unless you are still

within your Minimum Term, cancellation will take effect as soon as

possible after we receive your request to cancel. For some Services

(but not all) we may offer you a pro-rated refund or credit where

cancellation takes effect part way through a Service Month. The Service

Terms include details of the refunds and credits that we offer. You agree

that we have the right to decide: (i) the amount of any pro-rated refund

or credit; and (ii) whether this amount is given as a refund or credit

against your account. If you are within your Minimum Term, you may

cancel the Services at the end of the Minimum Term.

(b) If you are buying the Services as a consumer (rather than as part of

your business, profession or trade) and Your Country is the UK then

you will have a legal right to cancel the Services within 7 working days

of the Start Date. However, you agree that you will lose this right to

cancel once we start performing the Services with your permission. You

agree that you give us this permission when you submit your Order to

us. This means that we can provide the Services and you can use the

Services straight away on the Start Date.

(c) If you place an order for Services with the help of our US-based

telesales team then you will have a period of seven (7) days from the

date of the Confirmation of Order (the “Review Period”) to review the full

terms and conditions and details of this Agreement. If you decide that

you no longer want to receive the Services, you must notify us during

the Review Period either by telephoning us, emailing us or writing to tell

us. If you have paid any moneys, but you have not yet activated the

Services, you will be entitled to receive a full refund. If you have

activated the Services, you acknowledge that we will offer you a prorated

refund or credit. After expiration of the seven (7) day Review

Period, you may cancel the Services in accordance with 21(a).

Payment Method: You may choose to pay the Fees

a) on a monthly recurring basis; or

b) upfront for 12 months on an annual recurring basis (“Annual Fee”)

If you choose to pay on an Annual Fee then at the end of each 12

Month period, you will automatically be charged an Annual Fee. For

each Annual Fee you pay, you will receive a 10% discount on the total

amount of 12 monthly recurring payments excluding taxes.

Transaction Data: Transaction Data is Your Data and you give us the

necessary permissions, licences and consents (in all relevant countries)

to allow us to sublicence such Transaction Data in an anonymised form

to any of our third party suppliers only if it is necessary to do so for us to

provide you and our customers with the Services.

Free Trial Period: Not Applicable

Upgrades/Downgrades: You may purchase an upgrade to this Service

at any time by clicking the “upgrade” link in the “My Account” section

available our Website. If you wish to downgrade this Service, you will

need to cancel the Service and place a new Order for the Service you

want. We will then issue you with a new Confirmation of Order.

Refunds/Credit: If you have chosen to pay the fees on a monthly

recurring basis: On cancellation made part way through a Service

Month (except cancellation under paragraph 21(e) of the General

Terms) we will give you a pro-rated refund or credit.

If you have chosen to pay an Annual Fee for this Service: On

cancellation made part way through or at the end of a Service Month

(except cancellation under paragraph 21(e) of the General Terms) we

will give you a pro-rated refund or credit.Please note that any discount

that you received for this Service will be taken out of any pro-rated

refund or credit that we give you.

Contract Type: Month-to-Month.

Transaction Data: Transaction Data is Your Data and you give us the

necessary permissions, licences and consents (in all relevant countries)

to allow us to sublicence such Transaction Data in an anonymised form

to any of our third party suppliers only if it is necessary to do so for us to

provide you and our customers with the Services.

Free Trial Period: If you are eligible for a free trial, the free trial period

will be 30 days. During the free trial period you will have access to the

eStore but will not be able to publish or sell anything through the eStore.

Upgrades/Downgrades: You may purchase an upgrade to this Service

at any time by contacting Customer Service. Downgrades are not

supported at this time. If you wish to downgrade this Service, you will

need to cancel the Service and place a new Order for the Service you

want. We will then issue you with a new Confirmation of Order.

Domain Name Ownership: If you buy the Services, you will own the

Domain Name and During the purchase process, a domain name of

your choice will be registered subject to it being available. If you sign up

for a Trial Service you will not receive a domain name.

Domain Name Renewal Fees: Payable by us. (covered by the monthly

subscription fee)

Refunds/Credit: On cancellation made part way through a Service

Month (except cancellation under paragraph 21(e) of the General

Terms) we will give you a pro-rated refund or credit.

Supplementary Service Terms:

1. When the following words with capital letters are used in the following

supplementary Service Terms for eStores, this is what they mean:

“Buyer” means someone who buys Your Products and Services using

eStores.

“Your Products” means all products that you advertise, offer for sale or

sell through your eStore.

“Your Products and Services” means Your Products and Your

Services.

“Your Services” means all services that you advertise, offer for sale or

sell through your eStore.

“Your Transactions” means the sale of Your Products and Services by

you to Buyers.

2. Regardless of anything contained in the Agreement, you

acknowledge and agree that you are responsible for the proper

calculation, collection and payment of Your Taxes, for filing all

associated returns and for issuing VAT invoices/credit memos, when

required. We are not responsible for collecting, paying or reporting upon

Your Taxes, and we will have no liability to you or any third party in

respect of Your Taxes. If we are legally required to collect any federal,

state or local sales, use, excise, gross receipts, value added or similar

taxes from you, you agree to promptly pay the required amount to us,

on request by us. We recommend that you consult with an independent

tax advisor to understand your tax obligations arising from Your

Transactions.

Contract Type: Month-to-Month.

Data: You own the Consumer Data and the Performance Data. You

give us the necessary permissions, licences and consents (in all

relevant countries) to use the Performance Data, provided that, weuse

such data solely: to provide, support and enhance the Service for you;

or for our internal analytical reporting purposes.We will not disclose any

Performance Data outside of us or Our Representatives unless it is in

an anonymised form.

Upgrades/Downgrades: Upgrades/Downgrades are not applicable

however you can add to Facebook ad spend in $70 increments this will

be charged as a Monthly Budget.

Refunds/Credit: Unless paragraph 21(d) of the General Terms applies,

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