Terms of business
The following are the terms and conditions for use of the Services. By clicking the 'I accept these terms and conditions' button on the sign-up page or by logging in to tenthmatrix, you accept these terms and conditions.
"tenthmatrix" shall also mean "tenthmatrix.co.uk" and any internet domains or subdomains that reference the tenthmatrix product(s) service.
1.1 These Terms and Conditions ("T&Cs") set out the principles that govern your use of the systems, services and equipment provided by us and forms part of the Agreement that governs the use of our systems, services and equipment by you.
1.2 tenthmatrix product(s) may only be used for lawful purposes.
1.3 The Services will be subject to monthly subscription fees ("Paid Services") once you have completed your free trial period or have exceeded the free subscriber limit.
1.4 tenthmatrix product(s) will not use any customer information for any other purposes than those intended with the Service.
2 MODIFICATION OF T&CS
We retain the right to amend, modify or substitute the T&Cs at any time and any such modification, amendment or substitution shall be automatically effective as to all customers when adopted by us. By posting updated versions of the Agreement on the tenthmatrix.co.uk website, or otherwise providing notice to you, tenthmatrix product(s) may modify the terms of the T&Cs and may discontinue or revise any or all other aspects of the Services in its sole discretion. All such changes shall become effective upon posting of the revised T&Cs on the Service or at tenthmatrix's website.
3 COMPLIANCE WITH LAW
3.1 You shall not use the Services to transmit, publish or store material which is in violation of any law or regulation which is enforceable in the United Kingdom.
3.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Services. You must complete the registration form on the Sign Up page in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. You are responsible for maintaining the security of your account, passwords, and files.
3.3 You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement. You hereby agree to indemnify and hold harmless tenthmatrix product(s) and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable legal fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. In addition, you acknowledge and agree that tenthmatrix product(s) has the right to seek damages when you use the Services for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. Although tenthmatrix product(s) has no obligation to monitor the content provided by you or your use of the Services, tenthmatrix product(s) may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.
4 PROHIBITED USES OF OUR SERVICES
4.1 You may only use our Services in a manner that, in our sole judgement, is consistent with the purposes of such systems, services and equipment. If, after reading the T&CS, you are unsure whether a contemplated use or action is permitted under the T&CS, you should e-mail us with a description of the proposed use at email@example.com for an explanation as to whether the use is permissible under this T&CS. Please ensure you await our response before carrying out any use or action that you are unsure about.
4.2 You must not:
4.2.1 publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights;
4.2.2 threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
4.2.3 engage in illegal or unlawful activities through the Servers or via the Website;
4.2.4 make available or upload files to the Website or to the Servers that you know contains a virus or corrupt data; or
4.2.5 obtain or attempt to obtain access, through whatever means, to areas of our network or the Servers which are identified as restricted or confidential.
5 WEBSITE CONTENT
You have full responsibility for the Website Content. For the avoidance of doubt, we are not obliged to monitor, and will have no liability for, any content transmitted by tenthmatrix.co.uk.
6 REMOVAL OF MATERIALS
At our sole discretion, we reserve the right to remove materials from our Servers and to terminate Internet access to customers that we determine have violated these T&CS.
We may, in our sole discretion, suspend or terminate the tenthmatrix product(s) Service for violation of any of these T&CS at any time and without warning. As a general matter, we attempt to work with customers to cure violations and to ensure that there is no re-occurrence of the violation prior to terminating the Service, but we shall not be obliged to do so.
8 BREACHES OF THE T&CS
In applying the T&CS, it is intended that common sense and responsible attitudes should be the guiding principles. If you breach the T&CS, you may receive a formal warning from us specifying the unacceptable conduct and notifying you that repeated breaches may result in our services being temporarily or permanently withdrawn from you. If, after you have received a formal warning from us, your conduct continues to breach the T&CS, we will withdraw our services from you until such time as we are satisfied that you have implemented appropriate steps to ensure that your use of our systems, services or equipment will comply with the T&CS.
Further breaches will be grounds for termination of your contract with us. Notwithstanding the above, we may terminate your contract without notice following the above procedures if you commit a breach of the T&CS which in our reasonable opinion is serious enough to merit immediate termination.
9. FREE TRIAL, FEES AND PAYMENT
9.1 Once you have completed your free trial period or have exceeded the free subscriber limit, you will be subject to monthly subscription fees. You will be required to submit payment for Services (unless you have already provided payment or means of payment, such as credit card information) and may purchase, in advance, a monthly subscription for Paid Services. Access to the Services will be disabled until payment is received.
9.2 Fees will be billed monthly or your prepaid account will be debited monthly for Services. The Fees are based on the highest number of pages in your account at any time during the previous month. You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged by tenthmatrix. The Fee Schedule, including subscriber levels and prices, is subject to change at any time in tenthmatrix's discretion. tenthmatrix product(s) will attempt to notify you via email prior to the effectiveness of any change to the Fee Schedule.
10.1 This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.
10.2 Unless you are an authorized tenthmatrix product(s) reseller, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Services or the Software, or any content, including but not limited to newsletters, distributed to you by tenthmatrix product(s) in connection with the Services. Violation of these restrictions may result in the termination of this Agreement.
11.1 The Services shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use the Services or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
11.2 You acknowledge and agree that the Services and the tenthmatrix product(s) and tenthmatrix.co.uk company names and logos and all related product and service names, design marks and slogans, are the property of tenthmatrix product(s) or its affiliates or suppliers (collectively, the "Marks"). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of tenthmatrix. Your use of the Services confers no title or ownership in the Services, the Software or the Marks and is not a sale of any rights in the Services, the Software or the Marks.
11.3 For every web page published in connection with the Services, you acknowledge and agree that the Services may automatically add an identifying footer stating "Page Power from tenthmatrix" or a similar message. You agree to cooperate with and provide reasonable assistance to tenthmatrix product(s) in promoting and advertising the Services.
11.4 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to tenthmatrix. tenthmatrix product(s) may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you. If you licensed the Services as a result of solicitation by a Partner of tenthmatrix, tenthmatrix product(s) may share your information with the Partner and the Partner may share information with tenthmatrix. tenthmatrix product(s) will not provide information to companies you have not authorized for that purpose unless required by law or if you are terminated from tenthmatrix product(s) due to unsolicited commercial email being sent from your tenthmatrix product(s) account.
11.5 If you receive special discounts through a Partner, those discounts may not be available if you cease to continue to be a customer of the Marketing Partner, in which case tenthmatrix's standard rates will apply. The Marketing Partner may notify tenthmatrix product(s) of any change in your status.
12.1 You may terminate this Agreement at any time by calling tenthmatrix product(s) Customer Support. There are no refunds for any fees paid.
12.2 tenthmatrix product(s) may terminate this Agreement or the Services, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. tenthmatrix product(s) shall have no liability to you or any third party because of such termination or action.
12.3 tenthmatrix product(s) will delete any of your archived data within 30 days after the date of termination. After termination, you are required to process all unsubscribe requests within 30 days of your last email campaign. tenthmatrix product(s) will provide upon request the list of unsubscribe requests from your last campaign. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
12.4 If your account is classified (at tenthmatrix's sole discretion) as inactive for over 120 days, tenthmatrix product(s) has the right to permanently remove your subscriber data. tenthmatrix product(s) will attempt to contact you via email prior to taking any permanent removal actions.
13. WARRANTY DISCLAIMER; REMEDIES
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. tenthmatrix product(s) DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND tenthmatrix product(s) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for tenthmatrix product(s) to use commercially reasonable efforts to adjust or repair the Services.
14. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL tenthmatrix product(s) OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "tenthmatrix product(s) ") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF tenthmatrix product(s) SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, tenthmatrix product(s) IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF tenthmatrix product(s) TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
15. EXPORT OF SERVICES OR TECHNICAL DATA
You may not remove or export from the United Kingdom or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United Kingdom or any other applicable country.
16.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
16.2 tenthmatrix product(s) and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supercedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
16.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind tenthmatrix product(s) in any respect whatsoever.
16.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and legal fees. Any fees due will be claimed by Tenthmatrix Information Systems Ltd. and its Directors
16.5 The Agreement shall be governed by the laws of the England without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the courts located in London, England.
16.6 tenthmatrix product(s) and tenthmatrix.co.uk are trade names of Tenthmatrix Information Systems Ltd. tenthmatrix product(s) and all it's domains, content and marketing material including "sub domains" are owned wholly by Tenthmatrix Information Systems Ltd. Tenthmatrix Information Systems Ltd. also trading as Tenthmatrix is a registered company number: 6597469. VAT number: GB 972 9855 56. Registered in England and Wales. Registered office address: 16 The Foxgloves, Hemel Hempstead, Herts, HP1 2DB, United Kingdon.