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 Conditions
The 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 Eligibility
The 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 Information
The 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 Statement
The 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 Grant
In 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 Fees
Micro-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 Plan
If 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 Plan
If 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.

Termination
Micro-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 Disclaimers
Micro-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 Information
Micro-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 Information
You 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 Conduct
The 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 Use
If 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.

Termination
Micro-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-Termination
The 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/Material
The 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.

Indemnification
By 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 Use
In 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.

Releases
The 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 Liability
In 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.

Waiver
The 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 Publicity
The 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.

Miscellaneous
If 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