Micro-Business Maintenance Ltd
End User
License Agreement
Terms and Conditions of Service
For Micro-Business Maintenance Ltd Remote Backup
This service and software, “service” or
“services” and any or all of its subsidiaries and
affiliates of the Micro-Business Maintenance website
the “Website” and the Services contained on that
site are governed by these Terms and Conditions of
use, (Micro-Business Maintenance Ltd – Online Backup
Terms and Conditions of Service). By using or
accessing any or all of these Services on the
Website you the “User" or "You" agree that:
a. You have read and have familiarized yourself with
the Terms and Conditions stated and
b. You
understand the Terms and Conditions of Service and
agree to be bound by the Terms and Conditions of
Service in your use of the Services contained within
the website and the Website.
If you do not agree
to these terms and conditions, do not use the
services or the website. Your use of the services
and the website constitutes your acceptance of and
agreement to comply with these terms and conditions.
The Terms and Conditions constitute the entire
agreement, the "Agreement" between Micro-Business
Maintenance Ltd and the “User” regarding its subject
matter which supersedes and replaces any and all
prior or contemporaneous agreements between the
parties regarding such subject matter.
Changes to
Services, Website and Terms and ConditionsThe
user acknowledges and agrees that Micro-Business
Maintenance Ltd at its sole discretion may change,
modify, amend, suspend or discontinue any aspect of
the Service or Services, including its pricing or
the Website, at any time without prior notice and
without liability to the User or to any third party.
Micro-Business Maintenance Ltd reserves the right to
impose limits on certain features of the Service or
Services or the Website, including limits on
excessive use of storage capacity, at any time,
without notice and without liability to the User or
to any third party. Further, the User acknowledges
and agrees that:
Micro-Business Maintenance Ltd
may amend any or all of its Terms and Conditions,
including fees and rules, applicable to its Service
at any time, at Micro-Business Maintenance Ltd’s
sole discretion. Any amendment of the Terms and
Conditions will be reflected on the Website and
applicable to all current Users at the time it is
posted. All Users agree to be bound thereby. Users
are expected to review the Terms and Conditions
posted on the Website periodically to obtain notice
of any changes. Continued use of the Services and
the Website constitutes acceptance of Micro-Business
Maintenance Ltd’s current Terms and Conditions,
including any amendments thereto.
Registration
and EligibilityThe Services and the Website are
only available to persons with the legal capacity to
enter into an/this Agreement. Micro-Business
Maintenance Ltd may, at its sole and absolute
discretion, refuse to accept a person's or entity's
registration, and may, at any time after accepting
registration, refuse to permit a person's or
entity's continuing use of the Services and the
Website for any reason or no reason at all.
User
InformationThe User will provide information to
Micro-Business Maintenance Ltd during the
registration process, the "User Information". The
User represents and warrants;
a. That the Users
information is accurate and complete at the time of
registration
b. That the Users information will
be continuously updated such that the User
Information shall at all times be current, accurate
and complete.
Privacy StatementThe terms of
the Micro-Business Maintenance Ltd Privacy
Statement, as it may be amended from time to time in
Micro-Business Maintenance Ltd’s sole discretion,
are incorporated by reference into these Terms and
Conditions. The User is encouraged periodically to
review the Micro-Business Maintenance Ltd Privacy
statement posted on the Website at
www.mbmltd.co.uk
Software
License GrantIn order to use the services of
Micro-Business Maintenance Ltd you will be required
to download certain enabling software, which may
include certain third party software. Micro-Business
Maintenance Ltd grants to you a perpetual (subject
to the section entitled "Termination" below and
these Terms and Conditions), nonexclusive,
non-transferable license to install and use the
Software solely for your use of the Services that
Micro-Business Maintenance Ltd provides. In
addition, you agree to comply with any applicable
third party's license terms with respect to any
required third party software. The Software provided
by Micro-Business Maintenance Ltd may only be
reproduced, installed and used on the number of
computers and clients for which you are licensed and
have paid for, as set forth in these Terms and
Conditions.
You may not copy any of the Software
for backup purposes, you may not reproduce any part
of the Software and you shall not cause or permit
any reverse engineering, de-compilation,
modification, adaptation, translation or disassembly
of the Software, or create any derivative works
based on the Software or the Services and you shall
not sell, rent, lease, timeshare, lend, sublicense,
distribute, assign or otherwise transfer any rights
in the Software or under this Agreement without the
prior written consent of Micro-Business Maintenance
Ltd. You may also not disclose any results of any
benchmark tests of any Software to any third party
without prior written consent of Micro-Business
Maintenance Ltd.
Service FeesMicro-Business
Maintenance Ltd will provide the Services free of
charge during the initial trial period. After the
expiration of that trial period you authorize
Micro-Business Maintenance Ltd to bill your credit,
Debit or Charge card automatically for use of the
Services at the published rate applicable for the
subscription plan you order.
Non-Commercial Use
If you choose a plan requiring non-commercial use of
the service, you may not resell, wholesale, sublease
or otherwise use the service to generate revenue
from without the prior written consent of
Micro-Business Maintenance Ltd. Micro-Business
Maintenance Ltd will periodically review
non-commercial use accounts for signs of commercial
use.
Monthly PlanIf you choose a monthly
plan, you acknowledge that your subscription and
fees are collected on a monthly basis in advance.
Your subscription will automatically be renewed at
the current monthly pricing plan and your credit,
Debit or Charge card will be billed by
Micro-Business Maintenance Ltd in advance for the
next month of service including any upgrades
purchased during the month before unless you cancel
your subscription prior to the beginning of the next
billing cycle. In the event that you cancel or
terminate the Services, anytime after subscribing,
Micro-Business Maintenance Ltd will not refund any
part month charges or costs. Micro-Business
Maintenance Ltd will periodically review files for
storage capacities over the limit of their agreed
purchase.
Annual PlanIf you choose an
annual plan, you acknowledge that your subscription
covers a twelve (12) month term in which
Micro-Business Maintenance Ltd will charge your
credit, Debit, Charge card or can invoice you for
the full amount of the annual plan. At the end of
this initial term, your subscription will
automatically be renewed for another twelve (12)
months at the then-current annual pricing plan, and
your credit, Debit, Charge card or an invoice will
be raises or charged depending on your chosen method
of payment for the new twelve (12) month term unless
another plan is selected or you cancel your
subscription prior to the beginning of the next
billing cycle. In the event that you cancel or
terminate the Services anytime during a twelve (12)
month term, you acknowledge and agree that any
remaining balance will be forfeited and no refund
will be provided. However, if you decide to upgrade
to a more expensive subscription plan during the
term of your annual subscription period and new
payment will become necessary and payment can be
again made via Credit, Debit, Charge Card or invoice
raised.
TerminationMicro-Business
Maintenance Ltd expressly reserves the right to
terminate the use of, or to refuse to permit the use
of, any of its Services and the Website by any
person or entity, at the sole discretion of
Micro-Business Maintenance Ltd, for any reason or no
reason at all, and without prior notice. You may
terminate the Services Micro-Business Maintenance
Ltd provides at any time with or without cause by
giving notice of such termination to Micro-Business
Maintenance Ltd. For your security, requests to
terminate accounts must originate from the
registered email account with Micro-Business
Maintenance Ltd addressed to
support@mbmltd.co.uk.
Under no circumstances will a cancellation request
be received via telephone. If you terminate any
service in the middle of your subscription term
Micro-Business Maintenance Ltd will not be required
to refund the pro rata difference in the amount of
service paid for and used. If your credit, Debit or
Charge card is declined for any reason, you commit
fraud or engage in any other dishonest conduct, or
if you dispute or refuse to pay an Micro-Business
Maintenance Ltd charge for any reason, such matters
will be considered a material breach of these Terms
and Conditions, and Micro-Business Maintenance Ltd
may terminate your account immediately, without
notice or liability to you.
Promotional Plans
Promotional plans are run at the discretion of
Micro-Business Maintenance Ltd from time to time but
if you subscribe for a promotional plan you
acknowledge that your subscription and fees are
based on the current promotional plan you have
selected. Your subscription will automatically be
renewed at the current monthly pricing plan, not at
the promotional rate, and your credit, Debit or
Charge card will be billed by Micro-Business
Maintenance Ltd for the next month of service unless
another plan is selected or you cancel your
subscription prior to the beginning of the next
billing cycle. In the event that Micro-Business
Maintenance Ltd is forced to collect any unpaid
amounts owed to Micro-Business Maintenance Ltd you
agree to pay all costs of collection including,
Solicitors fees, court fees and any other fees
incurred.
Credit Card Charges & Authorization
Depending on the subscription plan you have chosen,
you authorise a recurring monthly or annual charge
to your credit card in exchange for your use of the
Services, based on Micro-Business Maintenance Ltd’s
then current fee schedule for the Services, which
may be amended from time to time by the sole
discretion of Micro-Business Maintenance Ltd. If
your use of the Services exceeds the limits of your
chosen service plan in any given period, you will be
notified that the backup service has failed because
you have exceeded your limit and you need to upgrade
to the next level for your backup to work. Your
account will be charged accordingly. Unless the
Service is terminated by the User or Micro-Business
Maintenance Ltd as set forth in these Terms and
Conditions, when your subscription is automatically
renewed for the next service period, any applicable
fee changes will be applied to your account for that
next period.
Software Limited Warranty &
Warranty DisclaimersMicro-Business Maintenance
Ltd warrants for a period of thirty 30 days from the
date you download the software from the website,
that the software, if used in accordance with these
terms and conditions, will be free of defects and
will perform substantially the functions described
herein except, as set forth above. Micro-Business
Maintenance Ltd does not warrant that the software
will work in combination with other products used by
you or that the software will meet your requirements
or that the software or the website will be timely,
error-free, uninterrupted, virus-free or secure, or
that all software or web site errors will be
corrected. If you report a Software error which
represents a failure of this warranty Micro-Business
Maintenance Ltd will correct or provide a reasonable
workaround for the error and may at its discretion
provide a replacement of the Software which complies
with the warranty.
Except for the foregoing
limited warranty Micro-Business Maintenance Ltd
makes no other warranties of any kind, express or
implied, including, without limitation, warranties
of merchantability, fitness for a particular
purpose, and non-infringement of third party rights.
The limited warranties in this section shall not
apply to any defects which are caused by
modifications of the Software made by any party
other than Micro-Business Maintenance Ltd or a
failure of your hardware or other software to
function normally in conjunction with the Software
requirements where such failure is not directly
caused by the Software or your failure to use the
Software in accordance with the specifications and
these terms laid out by Micro-Business Maintenance
Ltd. The remedies set forth in this section are your
sole and exclusive remedies and exclusive liable for
any breach of the limited warranties provided in
these Terms and Conditions.
Software Upgrades
Upon payment by you of any applicable fees, and as
long as your account remains current and you
continue to pay for the Services, Micro-Business
Maintenance Ltd will provide you access to new
releases, enhancements, or updates to the Software,
in accordance with these Terms and Conditions.
Security of Stored InformationMicro-Business
Maintenance Ltd will use reasonable efforts to
prevent the unauthorised disclosure or destruction
of your stored information and data, however, no
archival or security system is either impenetrable
or infallible, except in extraordinary
circumstances, or where legally required to do so.
Micro-Business Maintenance Ltd will not seek to
decrypt your data and will make reasonable efforts
to preserve your data in the same format in which it
was received from you. Notwithstanding the foregoing
Micro-Business Maintenance Ltd does routinely
collect and analyze metadata regarding User files
designated for archival whilst using the Service,
including, without limitation, header information,
checksum quantities, file size, file type, and
archival dates. This information is used by
Micro-Business Maintenance Ltd to gauge service
levels and application performance and in some
instances for data recovery purposes. Micro-Business
Maintenance Ltd will not however be responsible for
any matter beyond its reasonable control, including
but without limitation to unauthorised access to
your information or data and/or functions provided
or performed by third parties. In the event that
Micro-Business Maintenance Ltd is served a High
Court Summons or is otherwise legally compelled to
provide access to your stored information
Micro-Business Maintenance will use reasonable
efforts to provide you with notice of the same, as
provided below, as soon as reasonably practical to
enable you to take any action you deem necessary to
prevent such access, all at your sole expense and
without any cooperation or assistance from
Micro-Business Maintenance Ltd.
User Obligations
Regarding Stored InformationYou are solely
responsible for the content of all data that you
store or retrieve through using the services of
Micro-Business Maintenance Ltd. Micro-Business
Maintenance Ltd normally does not review, inspect,
edit or monitor any content, data, files, stored by
you or any other user of the Services and does not
maintain a copy of your Data Encryption Key. As a
condition of using the Services, you represent and
warrant that you have sufficient rights to the
content of all data and files stored by you on the
servers belonging to Micro-Business Maintenance Ltd
and that such content does not include any illegal
or improper items and that such content complies in
all respects with these Terms and Conditions. That
your use of the Services and the Website does not
infringe or violate any third party's copyright,
patent, trademark, trade secret, license or other
proprietary rights and your use of the Services is
subject to all applicable local, national and
international laws and regulations. You agree not to
use the Service for any illegal purposes and not to
use the Service to store, retrieve, transmit or view
any illegal pictures, files or information, or any
material that encourages illegal conduct. You
further agree not to use the Services to distribute
digital content to others, or to disseminate digital
content for commercial purposes.
You also agree
to ensure that your computer hardware and software
are sufficient to enable the use of the Services
provided and to designate manually any data and
files you wished to be stored on the servers at
Micro-Business Maintenance Ltd, including but not
limited to any unique applications or data. You
acknowledge that by default Micro-Business
Maintenance Ltd only backs up data from certain
popular installed applications on typical operating
systems and that it is the User's responsibility to
review and modify the files and programs selected
for backup. You further acknowledge that
Micro-Business Maintenance Ltd may not detect all of
your important and unique data and you agree
therefore to confirm manually all backup requests.
For questions regarding storage and backup
limitations, please see our FAQ’s section posted on
the Micro-Business Maintenance Ltd website at
www.mbmltd.co.uk
Limitations on Use of Services
You may not use the Services or the website of
Micro-Business Maintenance Ltd for any illegal or
improper purpose. Micro-Business Maintenance Ltd is
not a service for storing and disseminating large
amounts of data to other recipients, it is simply an
online storage and backup service for files and data
designated by you. Micro-Business Maintenance Ltd
may also use automated procedures to detect
unacceptable or suspicious levels of usage and may
immediately disable offending User accounts and the
process of detection may vary from time to time
based on the misuse detected. Micro-Business
Maintenance Ltd is not responsible for any business
interruptions that may be caused due to this
process.
User Limitations and ConductThe
User is solely responsible for all user conduct and
for the content of all information stored or
retrieved under its User name and password. The User
represents warrants and covenants that its use of
the Software, Services and Website of Micro-Business
Maintenance Ltd shall not violate any applicable
local, national or international law, statute,
ordinance, rule or regulation and that the User will
not export the Software, Services and/or any User
information without the appropriate export license
of the UK Government.
You also agree to the
foregoing provisions and you are certifying that you
will not interfere with or disrupt computer networks
connected to the Service or the Website, including
but not limited to storing any information which
contains any viruses, Trojan horses, worms, time
bombs, cancelbots, or other computer programming
routines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or
expropriate any system, data or personal
information. Also impersonate any other person or
entity, or make any misrepresentation as to User's
employment by or affiliation with any other person
or entity and not to forge headers or in any manner
manipulate identifiers in order to disguise the
origin of any User Information or upload, post,
transmit, publish, or distribute any material or
information for which User does not have all
necessary rights and licenses. You must not upload,
post, transmit, publish, or distribute any material
which infringes, violates, breaches or otherwise
contravenes the rights of any third party, including
any copyright, trademark, patent, rights of privacy
or publicity or any other proprietary right or
interfere with or disrupt the use of the Services or
the Website by any other User, nor "stalk",
threaten, or in any manner harass another User or
upload, post, transmit, publish, or distribute any
unauthorized or unsolicited advertising,
solicitations, offers for the sale of services,
unsolicited communications, or offers for any
"investment opportunities” or upload, post,
transmit, publish, or distribute any material or
information which contains a computer virus, or
other code, files or programs intending in any
manner to disrupt or interfere with the functioning
of the Services, the Website, or that of other
computer systems. Not to use the Services or the
Website in such a manner as to gain unauthorised
entry or access to the computer systems of others or
to upload, post, transmit, publish or distribute any
material or information which constitutes or
encourages conduct that would constitute a criminal
offense, give rise to other liability, or otherwise
violate applicable law or to upload, post, transmit,
publish, or distribute any material or information
that is unlawful, or which may potentially be
perceived as being harmful, threatening, abusive,
harassing, defamatory, libellous, vulgar, obscene,
or racially, ethnically, or otherwise objectionable
in any manner whatsoever; or reproduce, copy,
modify, sell, distribute or otherwise exploit for
any commercial purposes the Services or the Website,
or any component thereof, including, but not limited
to any materials or information accessible through
the Website.
Improper or Impermissible UseIf
Micro-Business Maintenance Ltd suspects that any
Users account is being used for storage or
distribution of any illegal or improper material,
such as copyrighted or illicit content, or for some
other improper or impermissible purpose, then
Micro-Business Maintenance Ltd may take any steps it
deems necessary to protect the integrity of its
Services and business. Users notified of such
suspicions must grant Micro-Business Maintenance Ltd
access to the data in their accounts at its sole
discretion. Micro-Business Maintenance Ltd however
is not required to notify Users of suspicious
activity and may seek to obtain access to suspicious
data without further notice to or consent from the
User. If Micro-Business Maintenance Ltd suspects for
any reason whatsoever that a User has stored data on
any of the servers owned by Micro-Business
Maintenance Ltd that is either illegal, in violation
of these Terms and Conditions, in violation of the
rights of any third party or otherwise reasonably
objectionable, then Micro-Business Maintenance Ltd
may, at its sole discretion notify appropriate
authorities and refuse or disable the User access to
the Service. Micro-Business Maintenance Ltd may also
remove or delete User data, in whole or in part,
from the servers of Micro-Business Maintenance Ltd
and terminate the User’s account immediately or take
any other action necessary with respect to the
User's data or account that Micro-Business
Maintenance Ltd in its sole discretion deems
reasonably necessary. Micro-Business Maintenance Ltd
may at its sole discretion take such protective
measures without further notice to or consent from
the User.
TerminationMicro-Business
Maintenance Ltd expressly reserves the right to
terminate the use of or to refuse to permit the use
of, the Services and the website by any person or
entity, at the sole discretion of Micro-Business
Maintenance Ltd for any reason or no reason at all
and without prior notice. The User may terminate the
Services immediately at any time after the first
three (3) months with or without cause by giving
notice of such termination to Micro-Business
Maintenance Ltd. For your security requests to
terminate accounts must originate from the
registered email account and under no circumstances
will a cancellation request received via the
telephone be accepted. If the User terminates in the
middle of the subscription term Micro-Business
Maintenance Ltd will not be required to refund the
pro rata difference in the amount of service paid
for and used. If the Users credit, Debit or Charge
card is declined for any reason you commit fraud or
engage in any other dishonest conduct or if you
dispute or refuse to pay an Micro-Business
Maintenance Ltd charge for any reason, such matters
will be considered a material breach of these Terms
and Conditions, and Micro-Business Maintenance Ltd
may terminate your account immediately, without
notice or liability to you.
The backup service
supplied by Micro-Business Maintenance Ltd has been
designed to automatically connect to the servers at
Micro-Business Maintenance Ltd periodically. If
Micro-Business Maintenance Ltd does not detect a
connection between its servers and the clients
computer equipment within a period of 60 days
Micro-Business Maintenance Ltd will consider the
account abandoned and reserves the right to suspend
and then terminate the account without notice or
liability.
Disposition of Stored Information
Post-TerminationThe User understands that all
data stored on the servers at Micro-Business
Maintenance Ltd on your behalf under this agreement
shall be deleted (7) seven calendar days from the
date the agreement is terminated without further
consent from or notice to you, unless deleted
earlier for improper or impermissible use. Prior to
the last day of such Termination Period, you should
endeavour to remove all of your stored files and
data from the servers at Micro-Business Maintenance
Ltd and or to cure any breach of these Terms and
Conditions, in which case Micro-Business Maintenance
Ltd may reinstate your account in its sole
discretion. Micro-Business Maintenance Ltd may
destroy any of your stored data and files that are
not removed from the servers of Micro-Business
Maintenance Ltd within the Termination Period and or
Micro-Business Maintenance Ltd may limit or preclude
your ability to retrieve or restore data and files
stored on the servers at Micro-Business Maintenance
Ltd until you comply with these Terms and Conditions
and bring your account up to date/current in the
absolute discretion of Micro-Business Maintenance
Ltd. The User acknowledges and understands that
Micro-Business Maintenance Ltd reserves the right to
destroy all of a user's data and files immediately
on the expiration of the termination period without
any liability whatsoever. By using the Software you
are agreeing to release Micro-Business Maintenance
Ltd from any and all liability, claims and damages
due to lost or stolen data whether or not you
request a data copy.
Links to Third Parties
The Services and the website may provide links to
the websites or services of other third-party sites.
Links to such third-party sites do not constitute an
endorsement by Micro-Business Maintenance Ltd of
such third-party sites or the products, content,
materials or information presented or made available
by such third-party sites. The User acknowledges and
agrees that Micro-Business Maintenance Ltd is not
responsible for any damages or losses caused or
alleged to have been caused by the use of any
third-party sites or from the products, content,
material, services or information presented by or
made available through such third-party sites.
Downloading Information/MaterialThe User hereby
releases Micro-Business Maintenance Ltd, its
affiliates and subsidiaries and their respective
directors, officers, employees, agents,
shareholders, co-branders, partners, successors and
assigns from any and all actual or alleged damages
which may result from the User downloading any
information or materials from the website, choice of
Law or consent to jurisdiction. This Agreement, and
all questions with respect to the interpretation of
this agreement, shall be governed by and construed
in accordance with the internal laws of the United
Kingdom without regard for conflict of laws
provisions. The User expressly consents to personal
and exclusive jurisdiction in the courts of the
United Kingdom. The United Kingdom on Contracts for
the International Sale of Goods, and any successor
treaties, will not govern this Agreement.
IndemnificationBy using the website and or the
Services of Micro-Business Maintenance Ltd you agree
to defend, indemnify and hold harmless
Micro-Business Maintenance Ltd and its licensors and
their respective officers, directors, employees,
contractors and agents from all liabilities,
damages, losses, costs, claims and expenses,
including attorney's fees, that arise from any
content transmitted by you or any user of your
account or any use or misuse of the Services or the
website by you or any user of your account.
Micro-Business Maintenance Ltd reserves the right,
at its own expense, to assume the exclusive defence
and control of any matter otherwise subject to
indemnification by you, in which event you agree to
cooperate with Micro-Business Maintenance Ltd in any
reasonable way, including asserting any available
defences.
International UseIn
recognition of the global nature of the Internet
Micro-Business Maintenance Ltd makes no
representation that the Services or the materials on
the website are appropriate or available for use in
locations outside the United Kingdom and accessing
such materials from or distributing such materials
to territories where their content is illegal is
strictly prohibited. Specifically, you agree to
comply with all applicable laws regarding the
transmission of software and technology (e.g.,
technical data) exported from the United Kingdom.
Those who choose to access the website do so at
their own initiative and are responsible for
compliance with local laws. You may not remove,
transmit, download or otherwise export from the
United Kingdom or any country or allow the export or
re-export of any software or technology owned by
Micro-Business Maintenance Ltd or its licensors in
violation of any restrictions, laws or regulations
of the United Kingdom Department of Trade and
Industry or any other foreign agency or authority.
ReleasesThe User agrees to release
Micro-Business Maintenance Ltd, its affiliates and
subsidiaries, and their respective directors,
officers, employees, agents, shareholders,
co-branders, partners, successors and assigns the
"Released Parties" and each of the foregoing, from
any and all manner of action, claim or cause of
action or suit, at law or in equity, and from any
and all losses, damages, costs or expenses,
including without limitation to court costs and to
solicitors fees, which the User may have against the
Released Parties, or any of them, known or unknown,
disclosed or undisclosed, which arise out of or
relate in any way to a dispute. A general release
does not extend to claims which the creditor does
not know or suspect to exist in his/her favour at
the time of executing the release, which if known by
him/her must have materially affected his settlement
with the debtor. User agrees that no joint venture,
partnership, employment, or other agency
relationship exists between the User and
Micro-Business Maintenance Ltd as a result of these
Terms and Conditions or its use of the services or
the website.
Limitation of LiabilityIn no
event will Micro-Business Maintenance Ltd, its
resellers, distributors, agents or licensors be
liable for any claim, whether in contract, tort or
any other theory of liability, which exceeds the
amounts paid by user to Micro-Business Maintenance
Ltd, if any, for the services for the twelve month
period, if paying annually, or the one month period,
if paying monthly, preceding the event forming the
basis of the claim. In no event will Micro-Business
Maintenance Ltd nor anyone else involved in
creating, delivering or maintaining the service be
liable for any damages including, without
limitation, any direct, indirect, incidental,
special, exemplary or consequential damages, losses
related to business interruption, loss of business
information or loss of profits arising out of user's
use of or inability to use the software or the
services, or out of any breach of warranty, even if
Micro-Business Maintenance Ltd has been advised of
the possibility of such damages.
Notices:
Notices shall be given as follows:
Sent to
Micro-Business Maintenance Ltd: To be valid, notices
must be sent by email to support@mbmltd.co.uk and by
registered post to Micro-Business Maintenance Ltd,
8a Windmill Bank, Wombourne, South Staffs, WV5 9JD,
U.K. or to such other address as may be designated
by Micro-Business Maintenance Ltd from time to time.
To the User: Notices to the User will be sent by
email at the email address reflected in the User's
registration information. Notices to the User shall
be deemed to have been received 24 hours after the
email is sent. Notices to Micro-Business Maintenance
Ltd shall be deemed to have been given three days
after the date of mailing by certified mail, return
receipt requested.
Assigning: Micro-Business
Maintenance Ltd shall be entitled to assign this
agreement or any of its rights under this agreement
in its sole discretion. The User shall not be
entitled to assign, sublease, sublicense, sell,
offer for sale, encumber or otherwise transfer or
dispose of its rights under this agreement, in whole
or in part, without prior written consent of
Micro-Business Maintenance Ltd.
WaiverThe
failure of Micro-Business Maintenance to exercise or
enforce any right or provision of this agreement
will not be deemed a waiver of such right or
provision.
Marketing and PublicityThe User
agrees that Micro-Business Maintenance Ltd may use
your name in its customer list to include, but not
be limited to, posting to the website, financial
reports and prospectuses identifying you as a
customer. Your account must be in good standing with
Micro-Business Maintenance Ltd to remain listed.
From time to time Micro-Business Maintenance Ltd
announces its business relationship with certain
customers. If Micro-Business Maintenance Ltd wishes
to announce its relationship with you, you will have
an opportunity to review and approve any such
announcement prior to issuance. Your approval shall
not be unreasonably withheld, delayed or
conditioned.
MiscellaneousIf any provision
of this agreement is held to be illegal, invalid or
unenforceable under present or future law effective
during the term hereof, such provision shall be
fully severable and this agreement shall be
construed and enforced as if such illegal, invalid
or unenforceable provision never comprised a part
hereof, and the remaining provisions hereof shall
remain in full force and effect and shall not be
affected by the illegal, invalid or unenforceable
provision or by its severance from these Terms and
Conditions. A party will not be liable for
non-performance or delay in performance (other than
with respect to payment obligations) caused by any
event reasonably beyond the control of such party,
including, but not limited to, acts of war (declared
or undeclared), Acts of God, acts of terrorism,
fire, strike, labour difficulties, acts or omissions
of any governmental authority or of another party,
compliance with government regulations, insurrection
or riot.
Ownership of Intellectual Property
All trademarks, service marks, logos, and company
names (each a "Mark") used in the website are the
property of Micro-Business Maintenance Ltd or third
parties and are and shall remain the property of
Micro-Business Maintenance Ltd and such third
parties. Nothing contained in the website or Service
shall be construed as granting, by implication or
otherwise, any license or right to use any Mark
displayed on the website or Service without the
written permission of Micro-Business Maintenance Ltd
or such third party that may own the Mark displayed
on the Website or Service. Your use of any Mark
displayed on the website or Service is strictly
prohibited.
You further acknowledge and agree
that all other content and materials available on
the website, including the Software, are protected
by copyrights, trademarks, service marks, patents,
trade secrets, or other proprietary rights and laws.
Effective From: 12th November 2009