Service Agreement |
| 1.0 |
Definitions |
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| 1.1 |
In this Agreement the following words and expressions shall have the following meanings: |
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| 1.1.1 |
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“Agreement” |
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This document shall be referred to as the agreement. |
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| 1.1.2 |
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“Service” |
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This shall cover all monitoring and related products and services. |
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| 1.1.3 |
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“Provider” |
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eComm Computer Services in relation to the monitoring and related services offered. |
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| 1.1.4 |
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“Customer” |
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This is a person, individual or company, who is registered for the above-defined service. |
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| 1.2 |
The word “you” in this agreement, shall be construed to mean the customer. The word “we” in this agreement, shall be construed to mean the provider.
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| 1.3 |
Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders. |
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| 1.4 |
The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement. |
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| 2.0 |
Introduction |
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| 2.1 |
The Customer wishes to provide the provider with data that will be used to facilitate monitoring and related services on the provider’s system and made accessible via the Internet. |
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| 2.2 |
The provider shall provide a monitoring service and has agreed to monitor the Customer's sites upon the following terms and conditions. |
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| 3.0 |
Customer Duties |
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| 3.1 |
As the customer, you confirm and make representations that: |
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| 3.1.1 |
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you own, or have written authorisation to use our service from the legal owner of the URL(s) or IP address(es) which are to be monitored by our service. |
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| 3.1.2 |
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you shall not monitor a server from more than one account. |
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| 3.1.3 |
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you shall not monitor a server with shared IP hosting using its IP address. |
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| 3.1.4 |
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you agree to receive service announcements from provider via email. |
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| 3.1.5 |
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you are not a competitor of the provider. |
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| 3.1.6 |
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the service shall only be used in accordance with any and all applicable laws and regulations, which may apply. |
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| 3.1.7 |
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if we becomes aware of any breach of this agreement by the customer, we may suspend or terminate access to the service without prior notice to the customer. |
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| 3.1.8 |
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if a complaint or suspicion is raised of any breach of this agreement, we may suspend or terminate access to the service without prior notice to the customer. |
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| 3.1.9 |
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the customer agrees to pay for the service in accordance with provider’s price schedule and service plan(s) selected by customer. |
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| 3.1.10 |
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the customer may cancel the service at any time, if account is:
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in credit - this will be returned to the customer, subject to an administration fee of £10.00, if less than £10 credit,, no refund will be made. |
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in arrears - this will become immediately payable by the customer on termination. |
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| 3.1.11 |
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the customer shall defend, indemnify, and hold the provider harmless against any losses, costs (including legal), liabilities and expenses relating to or arising out of the customer’s use of the service, including any breach of the terms of this agreement. |
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| 4.0 |
Provider Duties |
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| 4.1 |
As the provider we make the following statements and representations that: |
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| 4.1.1 |
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while provider shall make every reasonable and prudent effort to provide a useful, functional, timely, accurate and valuable service, provider does not guarantee the accuracy, completeness and timing of usefulness of the information or alerts provided by the service. Under no circumstances shall provider be responsible for any loss or damage resulting from customer’s reliance on information or alerts provided by the service, or transmitted to customers. |
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| 4.1.2 |
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the provider shall have no liability to customers whatsoever as a result of any technical, software or hardware failures of any kind or lost or unavailable network connections or incomplete, garbled, failed, or delayed computer transmissions or other technical difficulties or failures, whether caused by the provider, customer, visitors to provider’s Websites, other participants in the service, or any other party, or by any of the equipment or programming associated with or utilized in the service, or by any technical or human error that may occur in the processing or operation of customer’s account that may limit or interfere with customer’s ability to use the service. |
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| 4.1.3 |
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the provider reserves the right to immediately suspend or terminate customer’s account(s) for failure to make timely payment. Any outstanding balance becomes immediately due and payable upon termination of this agreement for any reason. |
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| 4.1.4 |
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the provider shall keep confidential all information supplied by customer, including but not limited to debit/credit card number(s), and shall use such information only for the purposes for which such information was collected. The provider will use the data provided in compliance with the privacy policy posted on this Website. |
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| 4.1.5 |
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the customer shall have sole responsibility for maintaining the accuracy of customer’s contact and billing information, including, but not limited to, customer’s email address(es) for correspondence and notification purposes, and customer’s debit/credit card number and expiration date. The provider shall have no liability whatsoever for lost or misdirected email between customer and the provider. The provider shall have no liability whatsoever for the consequences, if any, for service interruption(s) resulting from debit/credit card decline or expiration. |
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| 4.1.6 |
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this agreement contains the entire understanding between customer and provider regarding the use of the service and shall become binding between the parties hereto upon successful registration by customer for the service. |
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| 4.1.7 |
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the provider may, without prior notice to customer, change this agreement by posting any such change(s) to the provider’s Website. Any such change(s) shall become effective and binding upon customer at the time of posting. Customer shall have sole responsibility for monitoring changes to this agreement. If customer does not agree to any such change(s), the customer’s sole recourse shall be to cancel customer’s account. |
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You, the customer, agree to be bound by the terms and conditions of this agreement for as long as you; use the service, reports or data generated in relation to the service. Should you not agree to be bound by this agreement, do not register and/or close your customer account.
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