The Company agrees to the best of its ability that the service will be provided 24 hours per day, 7 days per week, and 365 days per year. The User is responsible for providing and maintaining a suitable internet connection. The Company recommends a broadband / ADSL connection. The User undertakes to comply with any and all instructions provided and not to use the system for any immoral or illegal purpose.
Security and Data Protection
The User must not disclose any passwords to a third party. The User must advise The Company if they have any concerns that the privacy or integrity of their passwords may have been breached. Each party shall ensure that it complies with the Data Protection Act. The Company will undertake all reasonable security measures to ensure the integrity and security of all data stored on the System. The Company offers to provide a secure (SSL) connection, if The User chooses not to use this connection they do so in the full knowledge that their data is being transmitted in an unencrypted form. From time to time this clientZONE may include links to other websites. These links are provided for your convenience to provide further information. They do not signify that clientZONE endorses the website(s). clientZONE has no responsibility for the content of the linked website(s). You may not create a link to clientZONE from another website or document without The Company’s prior written consent.
Term and Termination
The Company shall not be liable for any loss of data. The Company shall not be liable for any failure in The User’s equipment. The total liability of The Company howsoever arising, whether singly or in multiple, in relation to this agreement shall be restricted to the total fees payable by The User in a calendar year. Neither The User or The Company shall be deemed to be in breach of their respective obligations if the cause or reason is beyond either party’s control.
In so far as is permitted by law, The Company gives no warranty about the System. The Company does not warrant that the System will meet The User’s requirements or that it will be suitable for The User’s purposes. The Company does not warrant that access to the System will be uninterrupted or error free.
In this agreement The Company shall include its successors and assigns. This agreement is exclusive to The User and is not transferable without written consent of The Company. This agreement and all conditions therein are subject to and governed by English Law. The User shall assume full responsibility for the information and results obtained from the System.
The system will continue to evolve with new features being added and refined and The Company reserves the right to replace or remove certain features and facilities altogether.
Both parties agree that they shall at all times (both during the term of this agreement and after its termination) keep confidential, and shall not use (other than strictly for the purposes of this agreement) and shall not, without the prior written consent of the other, disclose to any third party any Confidential Information, unless the information: (a) was public knowledge or already known to the party at the time of disclosure; or (b) subsequently becomes public knowledge other than by breach of this agreement; or (c) subsequently comes lawfully into the possession of the party from a third party. All documents and other records (in whatever form) containing Confidential Information supplied to or acquired by either party to the other shall be returned promptly on termination of this agreement, and no copies shall be kept.
The obligations of each party under this agreement shall be suspended during the period and to the extent that that party is prevented or hindered from complying with them by any cause beyond its reasonable control, including (insofar as beyond such control but without prejudice to the generality of the foregoing expression) strikes, lock-outs, labour disputes, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, difficulty or increased expense in obtaining workmen, materials, goods or raw materials in connection with the performance of this agreement. In the event of either party being so hindered or prevented, the party concerned shall give notice of suspension to the other party as soon as reasonably possible, stating the date and extent of the suspension and its cause, and the omission to give such notice shall forfeit the rights of that party to claim suspension. Any party whose obligations have been suspended as aforesaid shall resume the performance of those obligations as soon as reasonably possible after the removal of the cause and shall so notify the other party. In the event that the cause continues for more than six months, either party may terminate this agreement by giving the other party 30 days’ notice.
If any part of this agreement becomes invalid, illegal or unenforceable, the parties shall in such an event negotiate in good faith in order to agree the terms of a mutually satisfactory provision to be substituted for the invalid, illegal or unenforceable provision which as nearly as possible gives effect to their intentions as expressed in this agreement. Failure to agree on such a provision within six months of commencement of those negotiations shall result in automatic termination of this agreement. The obligations of the parties under any invalid, illegal or unenforceable provision of the agreement shall be suspended during such a negotiation.
Rights of Third Parties
No term of this agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party. Notwithstanding that any term of this agreement may be or become enforceable by a person who is not a party to it, the terms of this agreement or any of them may be varied, amended or modified or this agreement may be suspended, cancelled or terminated by agreement in writing between the parties, or this agreement may be rescinded (in each case) without the consent of any such third party.
Any notice required to be given pursuant to this agreement shall be in writing and shall be given by delivering the notice by hand at, or by sending the same by prepaid first class post (airmail if to an address outside the country of posting) to the address of the relevant party set out in this agreement, or such other address as either party notifies to the other from time to time. Any notice given according to the above procedure shall be deemed to have been given at the time of delivery (if delivered by hand) and when received (if sent by post).