Terms and Conditions
1. INTERPRETATION
1.1
Definitions. In these Conditions, the following
definitions apply:
AUP. TheTechworx.com’s Acceptable Use Policy, as amended from time to
time in accordance with clause 4;
Billing Cycle. the Customer’s billing cycle, being per calendar month or
twelve calendar months, as set out in the Order;
Business Day. a day (other than a Saturday, Sunday or public holiday)
when banks in London are open for business;
Charges. the charges in respect of the Services, as set out in the
Order;
Conditions. these terms and conditions as amended from time to time in
accordance with clause 13.7;
Customer. the person or body purchasing the Services, as set out in the
Order;
Intellectual Property Rights. all intellectual property rights wherever
in the world arising, whether registered or unregistered (and including any
application), including copyright, know-how, confidential information, trade
secrets, business names and domain names, trade-marks, service marks, trade
names, patents, petty patents, utility models, design rights, semi-conductor
topography rights, database rights and all rights in the nature of unfair
competition rights or rights to sue for passing off;
Materials. : the content provided to TheTechworx.com by the Customer
from time to time for incorporation in the Site;
Order. the Customer’s order for Services as set out in the order form;
Services. the hosting services and any other services supplied by TheTechworx.com
to the Customer, as described in these Conditions and as set out in the Order;
Service Levels. the service levels described in Part 1 of Schedule 1, to
the extent that they relate to the Services;
Site(s). the website(s) to be hosted by TheTechworx.com pursuant to this
Contract;
Site Software. the software for the Site owned and/or commissioned
and/or licenced by a third party to the Customer;
Support Hours. the hours during which TheTechworx.com will provide the
Support Services, as detailed on TheTechworx.com’s website;
Support Services. technical support and maintenance services provided to
the Customer pursuant to the Contract, and as set out in the Order
1.2
Construction.
In these Conditions, the following rules apply:
(a) a person includes a natural person, corporate or
unincorporated body (whether or not having separate legal identity);
(b) clause and schedule headings shall not affect the
interpretation of the Contract;
(c) reference to clauses and the Schedule are references to
the clauses and the schedule to these Conditions;
(d) any words following the terms including or include
or any similar expression shall be construed as illustrative and shall not
limit the sense of the words, description, definition, phrase, or term preceding
those terms; and
(e) reference to content include any kind of text,
information, image, or audio or video material and applications which can be
incorporated in a website for access by a visitor to that website.
2. TERM
2.1
The initial term of the Contract shall begin on the date that TheTechworx.com notifies the Customer as being the date that the account has been activated (the ‘account activation date’), and shall continue, unless terminated earlier in accordance with clause 7.4 or clause 10, for the first partial month of service plus 1 full calendar months thereafter (the “Initial Term”), and shall automatically extend for 1 full calendar month (“Extended Term”) at the end of the Initial Term and at the end of each Extended Term. Either party may give written notice to the other party, not later than twenty eight (28) days before the end of the Initial Term or the Relevant Extended Term, to terminate the Contract at the end of the Initial Term or the relevant Extended Term, as the case may be. The Initial Term and the Extended Term (if any) together being the “Term”.
3. SUPPLY OF SERVICES AND SERVICE LEVELS
3.1
TheTechworx.com shall perform the Services with reasonable care and skill.
3.2
TheTechworx.com warrants that it will perform the Services substantially in accordance with the Service Levels. If the Services are not so performed, TheTechworx.com shall, for no additional charge, carry out any work necessary in order to ensure that the Services substantially complies with the Service Levels.
3.3
The warranty set out in clause 3.2 shall not apply to the extent that any failure to perform substantially in accordance with the Service Levels is caused by (a) the Site Software, or (b) any Materials, or (c) outage periods due to any cause other than the fault of TheTechworx.com or (d) Planned Work or Emergency Work to the extent that TheTechworx.com have performed its obligations under clause 7 or (e) any period during which the Service is suspended under a provision in the Contract.
3.4
To the extent permitted by applicable law, TheTechworx.com does not warrant or represent that the Services will be uninterrupted, error-free, or completely secure.
3.5
The Contract sets out the full extent of TheTechworx.com’s obligations and liabilities in respect of the supply of the Services. All conditions, warranties or other terms concerning the Services which might otherwise be implied into the Contract or any collateral contract (whether by statute or otherwise) are hereby expressly excluded.
3.6
TheTechworx.com shall not be obliged to perform the Services until the Customer has satisfied TheTechworx.com’s credit approval requirements.
3.7
The Customer’s sole remedy against TheTechworx.com in respect of any downtime in excess of the Service Level (and provided that TheTechworx.com determines in its reasonable judgment that such inability was caused by TheTechworx.com’s failure to provide the Service for reasons within TheTechworx.com’s reasonable control and not as a result of any action or inaction of the Customer or any third parties (including the Customer’s equipment and/or third party equipment) shall be as set out at Part 2 of Schedule 1.
3.8
In the event of any form of denial of service (“DoS”) attack directed at or originating from the Customer where the attack disrupts or threatens to disrupt the network connectivity or availability for other customers, TheTechworx.com may disconnect the Customer until the issues arising from the attack or compromised machine(s) are resolved. In these circumstances, TheTechworx.com shall not be liable to the Customer in respect of the disconnection arising from the DoS attack.
3.9
Any equipment leased to the Customer by TheTechworx.com shall at all times remain the property of TheTechworx.com.
3.10
TheTechworx.com shall use its reasonable endeavours to provide the Support Services, and shall do so as soon as reasonably practicable (bearing in mind the support needs of other customers of TheTechworx.com). TheTechworx.com will only be obliged to provide the Support Services during the applicable Support Hours as detailed on TheTechworx.com’s website. As part of the Support Services, TheTechworx.com shall provide help desk support (being support provided by help desk technicians sufficiently qualified and experienced to identify and resolve most support issues relating to the Services) by means of the telephone number and email address as detailed on TheTechworx.com’s website. TheTechworx.com reserves the right to exclude from the Support Services any services for problems arising out of (a) tampering, modification, alteration, or addition to any equipment leased to the Customer; or (b) the Site Software or hardware supplied by the Customer. All Support Services shall be provided from TheTechworx.com’s office(s) or TheTechworx.com’s technician’s site.
4. CUSTOMER RESPONSIBILITIES
4.1
The Customer shall be responsible for the accuracy and completeness of the Materials and represents and warrants to TheTechworx.com that all information provided to TheTechworx.com is accurate and complete.
4.2
TheTechworx.com may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to the Customer’s account until the Customer has provided TheTechworx.com with a written notice changing the Primary Customer Contact.
4.3
The Customer agrees to maintain a current copy of all content hosted by TheTechworx.com notwithstanding any agreement by TheTechworx.com to provide backup services.
4.4
The Customer shall comply with all applicable law and TheTechworx.com’s AUP incorporated in these Conditions. The Customer agrees that TheTechworx.com may amend the AUP from time to time. Amendments to the AUP are effective on the earlier of TheTechworx.com notice to Customer that an amendment has been made, or the first day of any Extended Term that begins subsequent to the amendment. The Customer agrees to cooperate with TheTechworx.com reasonable investigation of any suspected violation of the AUP.
5. CHARGES AND PAYMENT
5.1
The Customer shall pay the Charge, in advance, on the first day of each Billing Cycle.
5.2
All prices include VAT, which TheTechworx.com has added at the appropriate rate.
5.3
The initial service fee shall include a prorated portion of the monthly fee for the initial partial month of service plus the fee for the first full Billing Cycle (“Initial Service Fee”). TheTechworx.com reserve the right to require payment in full of the Initial Service Fee before commencing the Services.
5.4
If the Order provides for credit/debit card billing, the Customer authorises TheTechworx.com to bill subsequent fees to the credit/debit card on or after the first day of each Billing Cycle, otherwise TheTechworx.com shall invoice Customer via electronic mail to the Primary Customer Contact listed on the Order (such invoices shall be issued by TheTechworx.com 7 days prior to each Billing Cycle).
5.5
Payments must be made in the currency stated in the invoice (Pounds Sterling (GBP)
5.6
The Customer shall inform TheTechworx.com of all changes (if any) to billing details (such as credit card expiration, change in billing address) in advance of each Billing Cycle.
5.7
TheTechworx.com may accrue charges to be made to a Customer’s credit/debit card until such charges exceed £10.00.
5.8
If a Direct Debit is cancelled and then reinstated, or if any Direct Debit is returned unpaid or any cheque is returned unpaid, or if any other form of payment is not honoured for whatever reason, the Customer shall pay TheTechworx.com on demand an administration fee of £15.
5.9
If the Customer fails to make any payment due to TheTechworx.com under this Contract by the due date for payment, then, without limiting TheTechworx.com’s remedies under clause 6 and clause 10, the Customer shall pay interest on the overdue amount.
5.10
The Customer shall pay TheTechworx.com’s reasonable reinstatement fee following a suspension of service for non-payment, and to pay TheTechworx.com’s reasonable costs of collection of overdue amounts, including collection agency fees, legal fees and court costs.
5.11
TheTechworx.com may increase its Charges effective the first day of an Extended Term by giving notice to the Customer of the Charge increase at least twenty eight (28) days prior to the beginning of the Extended Term. If the Customer does not give notice of non-renewal in accordance with clause 2, the Customer shall be deemed to have accepted the increased Charge.
5.12
Upon presentation by TheTechworx.com of a valid respective invoice the Customer shall remit to TheTechworx.com all sales, VAT or similar tax imposed on the provision of the Services, regardless of whether TheTechworx.com failed to collect the tax at the time the related Services were provided.
5.13
Notwithstanding suspension of the Services by TheTechworx.com, the Customer shall continue to pay the Charge in accordance with the terms of these Conditions until this Contract is terminated in accordance with these Conditions.
5.14
TheTechworx.com reserve the right to exercise a lien over the Customer’s property (including equipment, Site Software, Material, and Intellectual Property Rights) in respect of any unpaid Charges and shall be entitled to sell the property after the expiry of forty five (45) days from the due date for payment in order to recoup any unpaid Charges.
6. SUSPENSION OF SERVICES
6.1
TheTechworx.com may suspend the Services without notice and without liability if: (a) TheTechworx.com reasonably believes that the Services are being used in violation of the AUP; (b) the Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (c) any payment by the Customer is overdue; (d) TheTechworx.com reasonably believes that the suspension of Services is necessary to protect its network or its other customers; or (e) as requested by a law enforcement or regulatory agency. TheTechworx.com may require the Customer to pay TheTechworx.com reasonable reinstatement fee if the Services are reinstituted following a suspension of service caused by the Customer under this clause 6.
7. SERVICE OUTAGE, EMERGENCY WORK AND UPGRADES
7.1
TheTechworx.com may undertake planned outages or major works that may result in outages (“Planned Work”). The Customer will be notified of Planned Work by email. TheTechworx.com shall give advance notice of no less than 7 days before the commencement of Planned Work. Planned Work will only be performed when TheTechworx.com reasonably believes there is no practical workaround available.
7.2
TheTechworx.com may undertake emergency work that may result in outages (“Emergency Work”). TheTechworx.com shall give the Customer as much notice by email of Emergency Work as reasonably possible. Emergency Work will only be undertaken where there is a serious risk of service disruption occurring if the works are not promptly performed.
7.3
TheTechworx.com shall use reasonable endeavours to time Planned Work and Emergency Work so as to minimise the impact on the Customer’s business activities. During periods of Planned Work and Emergency Work, TheTechworx.com does not guarantee service availability, and such periods shall not be taken into account when calculating TheTechworx.com’s performance in respect of the Service Levels. Notices given in accordance with the clause shall, so far as reasonably possible, specify the timing and expected downtime and the duration of the Planned Work and/or Emergency Work (as applicable).
7.4
The Customer acknowledges and agrees that upgrades and other changes in TheTechworx.com’s network (“Upgrades”), including, but not limited to changes in TheTechworx.com’s software, hardware, and service providers, may affect the display or operation of the Customer’s hosted content and/or applications. Material changes that affect the Customer’s hosted content and/or applications may only be made on reasonable notice and the Customer shall be entitled to terminate the Contract upon receipt of such notice without liability. TheTechworx.com reserves the right to change its network in its commercially reasonable discretion, and TheTechworx.com shall not be liable for any resulting harm to the Customer beyond TheTechworx.com’s reasonable control.
8. INTELLECTUAL PROPERTY RIGHTS
8.1
Subject to clause 8.2, the Customer retains all Intellectual Property Rights in the Site Software and Materials, and grants TheTechworx.com a licence to such Intellectual Property Rights to the extent required to perform its obligations pursuant to this Contract.
8.2
All Intellectual Property Rights in any works arising in connection with the performance of the Services by TheTechworx.com (Works) shall be the property of TheTechworx.com, and TheTechworx.com hereby grants to the Customer a non-exclusive licence to such Intellectual Property Rights for the purposes of hosting the Site.
8.3
The Customer shall indemnify TheTechworx.com against all damages, losses and expenses arising as a result of any action or claim that the Site Software or the Materials infringe any Intellectual Property Rights of a third party.
9. LIMITATION OF REMEDIES AND LIABILITY – the Customer’s attention is particularly drawn to this clause.
9.1
Nothing in these Conditions shall operate to exclude or limit TheTechworx.com’s liability for: (a) death or personal injury caused by its negligence; or (b) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or (c) fraud; or (d) any other liability which cannot be excluded or limited under applicable law.
9.2
TheTechworx.com shall not be liable under or in connection with this Contract or any collateral contract for any (a) loss of revenue; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of the use of money; (e) loss of anticipated savings; (f) loss of business; (g) loss of opportunity; (h) loss of goodwill; (i) loss of reputation; (j) loss of, damage to or corruption of data; (k) any indirect or consequential loss, in each case howsoever arising, whether such loss or damage was foreseeable or in the contemplation of the parties and whether arising in or caused by breach of contract, tort (including negligence), breach of statutory duty or otherwise; or (l) or any loss arising from Planned Work, Emergency Work or Upgrades performed in accordance with clause 7.
9.3
Subject to clause 9.1, TheTechworx.com’s aggregate liability in respect of a claim arising out of or in connection with the Contract or any collateral contract, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the amount payable by the Customer for the previous 3 months service.
9.4
The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
9.5
The Customer shall ensure that it has adequate insurance cover in relation to any loss or damage which may be caused to TheTechworx.com and/or TheTechworx.com’s clients and/or TheTechworx.com’s suppliers through the negligence or default of the Customer, its employees or agents. The Customer shall, as and when requested, provide TheTechworx.com with such evidence as TheTechworx.com may require in relation to the Customer’s insurance.
10. TERMINATION
10.1
The Contract may be terminated by the Customer prior to the expiration of the Term without further notice and without liability if TheTechworx.com fails in a material way to provide the Services in accordance with the terms of the Contract and does not cure the failure within ten (10) days of the Customer’s written notice describing the failure in reasonable detail.
10.2
Without affecting any other rights or remedy available to it, TheTechworx.com may terminate this Contract prior to the expiration of the Term without liability as follows: (i) upon ten (10) days written notice if the Customer is overdue on the payment of any amount due under the Contract; (ii) with immediate effect if the Customer commits a material breach of any other term of the Contract (including the AUP) which breach is irremediable or (if such breach is remediable) fails to remedy that breach within thirty (30) days after being notified in writing to do so; (iii) upon one (1) days written notice if Customer’s breaches a term of the AUP more than once, or (iv) upon one (1) days written notice if the Customer breaches clause 4.1 of these Conditions; (v) with immediate effect if, in the reasonable opinion of TheTechworx.com, the Customer is abusive, uncooperative, aggressive or rude (including profanity and threats).
10.3
Without affecting any other rights or remedy available to it, either party may terminate the Contract without notice and without liability if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
10.4
In the event that either of the parties terminates the Contract in accordance with this clause 10, any unpaid Charges for the remaining Term shall be due on the Business Day following termination of the Contract.
10.5
On termination of the Contract by TheTechworx.com, all licences granted by TheTechworx.com under the Contract shall immediately cease.
10.6
On termination of the Contract, all provisions of the Contract shall cease to have effect, except that any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect.
10.7
On termination of the Contract by TheTechworx.com in accordance with this clause 10, any refunds will be given only at the discretion of TheTechworx.com, and the Customer shall be responsible for all costs and expenses incurred by TheTechworx.com in connection with returning the Materials and Site Software to the Customer.
11. FORCE MAJEURE
11.1
TheTechworx.com shall not be in default of any obligation under the Contract if the failure to perform the obligation is due to any event beyond TheTechworx.com’s reasonable control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
12. DATA PROTECTION AND CONFIDENTIALITY
12.1
TheTechworx.com recognises obligations under both applicable data protection legislation and under the Contract to maintain the confidentiality of the Customer’s data. However, there are circumstances in which such data may need to be disclosed to third parties, and the Customer acknowledges and agrees that: (a) details of the Customer’s name, address and assigned IP Addresses may be released to law enforcement agencies upon production of valid notices and/or to third parties upon service of a valid disclosure notice issued by a court of competent jurisdiction; (b) details of the Customer’s name, address, telephone and fax numbers together with email address(es) and assigned IP Addresses may be released to the RIPE NCC to ensure that both TheTechworx.com and the Customer fulfil their obligations under prevailing RIPE policies and that such data may be published in whole or in part in the RIPE WHOIS database.
12.2
The Customer agrees that TheTechworx.com may, without notice to the Customer: (a) report to the appropriate authorities any conduct by the Customer or any of the Customer’s customers or end users that TheTechworx.com believes violates applicable law; and; (b) provide any information that it has about the Customer or any of its customers or end users in response to a formal request from a law enforcement or regulatory.
13. GENERAL
13.1
Notice: Notices to TheTechworx.com under the Contract shall be given via electronic mail to the e-mail address posted for customer support on customer.thetechworx.com. Notices to the Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted if transmitted during business hours, or if transmitted after business hours on the first business day following the day delivered. The Customer may change his, her or its notice address by a notice given in accordance with this clause.
13.2
Severance: If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
13.3
Waiver: A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
13.4
Entire Agreement: The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Contract.
13.5
No partnership or agency: Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, nor constitute either party the agent of another party for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
13.6
Third parties: A person who is not a party to the Contract shall not have any rights to enforce its terms.
13.7
Variation: TheTechworx.com may vary this Contract from time to time by giving the Customer 14 days written notice. Otherwise, no variation of the Contract, including the introduction of any additional terms and conditions shall be effective unless it is agreed in writing and signed by TheTechworx.com. The terms on the Customer’s purchase order or other business forms are not binding on TheTechworx.com unless they are expressly incorporated into a formal written agreement signed by both parties.
13.8
Assignment and other dealings: TheTechworx.com may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent. The Customer shall not, without the prior written consent of TheTechworx.com, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract.
13.9
Governing Law: This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
13.10
Jurisdiction: Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
Terms of Use
In using this website, you are deemed to have read and
agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy
Statement and Disclaimer Notice and any or all Agreements: "Client",
“You” and “Your” refers to you, the person accessing this website and accepting
the Company’s terms and conditions. "The Company", “Ourselves”, “We”
and "Us", refers to TheTechworx.com of 68 Sherwood Road, Tunbridge
Wells, Kent, TN2 3LQ. “Party”, “Parties”, or “Us”, refers to both the Client
and ourselves, or either the Client or ourselves. All terms refer to the offer,
acceptance and consideration of payment necessary to undertake the process of
our assistance to the Client in the most appropriate manner, whether by formal
meetings of a fixed duration, or any other means, for the express purpose of
meeting the Client’s needs in respect of provision of the Company’s stated
services/products, in accordance with and subject to, prevailing English Law.
Any use of the above terminology or other words in the singular, plural,
capitalisation and/or he/she or they, are taken as interchangeable and
therefore as referring to same.
Contacting Us
Please contact us using one of the network contact methods available on our contact page. For all technical support requests, please submit a support ticket in the first instance via your account at customer.thetechworx.com/submitticket.php. If unable to access your online account, please email us at customer@thetechworx.com. We aim to respond to all points of contact within 1 hour, however this is usually much less.
Privacy Statement
We are committed to protecting your privacy. Authorised employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible
Confidentiality
Any information concerning the Client and their respective
Client Records may be passed to third parties. However, Client records are
regarded as confidential and therefore will not be divulged to any third party,
other than our suppliers and if legally required to do so to the appropriate
authorities. Clients have the right to request sight of, and copies of any and
all Client Records we keep, on the proviso that we are given reasonable notice
of such a request. Clients are requested to retain copies of any literature
issued in relation to the provision of our services. Where appropriate, we
shall issue Client’s with appropriate written information, handouts or copies
of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party
or use your e-mail address for unsolicited mail. Any emails sent by this
Company will only be in connection with the provision of agreed services and
products.
Disclaimer
Exclusions and
Limitations
The information on this web site is provided on an "as
is" basis. To the fullest extent permitted by law, this Company:
excludes all representations and warranties relating to this website and its
contents or which is or may be provided by any affiliates or any other third
party, including in relation to any inaccuracies or omissions in this website
and/or the Company’s literature; and
excludes all liability for damages arising out of or in connection with your
use of this website. This includes, without limitation, direct loss, loss of
business or profits (whether or not the loss of such profits was foreseeable,
arose in the normal course of things or you have advised this Company of the
possibility of such potential loss), damage caused to your computer, computer
software, systems and programs and the data thereon or any other direct or
indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury
caused by its negligence. The above exclusions and limitations apply only to
the extent permitted by law. None of your statutory rights as a consumer are
affected.
Availability
Unless otherwise stated, the services featured on this website are only available within the United Kingdom, or in relation to postings from the United Kingdom. All advertising is intended solely for the United Kingdom market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service, you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Log Files
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. We also store your IP address against each order placed on our site to help combat fraudulent transactions and to comply with European Union VAT obligations. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Cookies
Like most interactive web sites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this
website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright Notice
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website. This Company’s logo is a registered trademark of this Company in the United Kingdom and other countries. Except to the extent provided by law, you must not use, copy, reproduce, republish, post, broadcast or transmit any part of the website or its content for any other purpose without our express prior written consent. This includes (but is not limited to) reproducing or storing any part of the website or any of its content in any other website or in any public or private electronic retrieval system or service.
Communication
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone or mobile telephone numbers.
Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
General
The laws of England and Wales govern these terms and conditions. By accessing this website, you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of
Changes
The Company reserves the right to change these conditions
from time to time as it sees fit and your continued use of the site will
signify your acceptance of any adjustment to these terms. If there are any
changes to our privacy policy, we will announce that these changes have been
made via relevant channels. If there are any changes in how we use our site
customers’ Personally Identifiable Information, notification by e-mail or
postal mail will be made to those affected by this change. Any changes to our
privacy policy will be posted on our web site 30 days prior to these changes
taking place. You are therefore advised to re-read this statement on a regular
basis
These terms and conditions form part of the Agreement between the Client and
ourselves. Your accessing of this website and/or undertaking of a booking or
Agreement indicates your understanding, agreement to and acceptance, of the
Disclaimer Notice and the full Terms and Conditions contained herein. Your
statutory Consumer Rights are unaffected.
Please note that an acceptance of our separate Terms and Conditions are
required when placing an order. You will be presented with these terms at the
time of placing an order with us.
Acceptable
Usage Policy
This AUP governs the use of TheTechworx.com services. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and TheTechworx.com regarding the interpretation of this AUP, TheTechworx.com interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, contact sales@TheTechworx.com.com.
Offensive Content
You may not publish or transmit via TheTechworx.com service any content that TheTechworx.com reasonably believes: constitutes child pornography; is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech; is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; is defamatory or violates a person’s privacy, creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; improperly exposes trade secrets or other confidential or proprietary information of another person; is intended to assist others in defeating technical copyright protections; clearly infringes on another person’s trade or service mark, patent, or other property right; promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to TheTechworx.com; or is otherwise malicious, fraudulent, or may result in retaliation against TheTechworx.com by offended viewers. Content “published or transmitted” via TheTechworx.com service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by TheTechworx.com.
Security
You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically. Bulk Commercial E-Mail; you must obtain TheTechworx.com advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to TheTechworx.com reasonable satisfaction: Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure; Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given; You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honour recipient’s and TheTechworx.com requests to produce consent evidence within 72 hours of receipt of the request. You have procedures in place that allow a recipient to easily revoke their consent – such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line. Revocations of consent are honoured within 72 hours, and you notify recipients that their revocation of their consent will be honoured in 72 hours; You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the “TO” line of the e-mail; You otherwise comply with the CAN SPAM Act and other applicable law. These policies apply to messages sent using your TheTechworx.com service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your TheTechworx.com service.
Unsolicited E-Mail
You may not send any unsolicited e-mail, either in bulk or
individually, to any person who has indicated that they do not wish to receive
it. You must comply with the rules of any other network you access or
participate in using your TheTechworx.com services. Material Protected by
Copyright; you may not publish, distribute, or otherwise copy in any manner any
music, software, art, or other work protected by copyright law unless: you have
been expressly authorized by the owner of the copyright for the work to copy
the work in that manner; you are otherwise permitted by established United
Kingdom copyright law to copy the work in that manner. TheTechworx.com will
terminate the service of repeat copyright infringers
Internet Abuse
You may not engage in illegal, abusive, or irresponsible behaviour, including:
Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to TheTechworx.com and its customers) without express authorization of the owner of the system or network; monitoring data or traffic on any network or system without the authorization of the owner of the system or network; Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning; Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; Any conduct that is likely to result in retaliation against the TheTechworx.com network. Use of TheTechworx.com network in a way that unreasonably interferes with TheTechworx.com other customers use of the network
Disclaimer
TheTechworx.com is under no duty, and does not by this AUP
undertake a duty, to monitor or police our customers’ activities and disclaims
any responsibility for any misuse of the TheTechworx.com network.
Privacy
Policy
TheTechworx.com ("we", "us" or "our") is committed to protecting and respecting your privacy. We operate the Website.
When you visit the Website, you may have done so having accessed one of the following domain names:
Information
Automatically Logged
We use your IP address to help diagnose problems with our server, to administer our Web site, to help combat fraudulent orders and to help us comply with European Union VAT obligations. We use this information for no other reason.
Order Forms
Our site uses an order form for customers to request services which is delivered to you over secure HTTP using 128-bit encryption. We collect sensitive information which is used only for our purpose, no third party receives any type of information from us.
Contact information from the order forms is used to get in touch with the customer when necessary.
Billing information that is collected is used to bill the user for services.
Unique identifiers are collected from Web site visitors to verify the user's identity.
Demographic and profile data is also collected at our site.
We use this data to tailor our visitor's experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.
Security
This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy.
Third Parties
Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC.
Cookies
The Website uses cookies. Cookies are tiny text files which identify your computer to our server as a unique user when you visit certain pages on the Website and they are stored by your Internet browser on your computer's hard drive. Cookies can be used to recognise your Internet Protocol address, saving you time while you are on the Website.
We only use cookies for your convenience in using the Website and not for obtaining or using any other information about you (for example targeted advertising). Your browser can be set to not accept cookies, but this would restrict your use of the Website.
If you want to find out more information about cookies, go to http://www.allaboutcookies.org or to find out about removing them from your browser, go to http://www.allaboutcookies.org/manage-cookies/index.html
Please note that we collect data from the Website about use of the Website using a web analysis tool which uses cookies that are (able to be) used to generate pseudonyms for a user's profile. This means that use cookies (which may be stored on your computer after you leave the Website) can store information about your visit.
Please also note that our suppliers and partners may also use cookies, over which we have no control.
Contacting the Web
Site
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: customer@thetechworx.com