| 1 |
General |
| 1.1 |
The general conditions are related to all services of Informanagement. There are some services where additional conditions can apply. These can be incorporated in the guide of the concerning service or mentioned elsewhere. |
| 1.2 |
In case of contradictions in the agreement between the additional and general conditions, the additional conditions take precedent. |
| 1.3 |
If Informanagement agree to supply the additional services to the Company then these additional conditions are effective. |
| 1.4 |
The general conditions can be modified by Informanagement. The modifications become effective 14 days after the date of disclosure, or a specific later date which is mentioned at disclosure and applies from that moment to all agreements; both discussed and still to be concluded. If the Company does not wish to accept a modification it can, in writing, denounce the agreement within 4 weeks of the date on which the new conditions have become effective. The agreement then finishes at the end of the next month in which the written denunciation has been received. |
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| 2 |
The procedure and duration of the agreement |
| 2.1 |
The following procedure is in place once there is an agreement to supply the service and is as follows: |
| 2.1.1 |
The Company explains the service they want to take from Informanagement; |
| 2.1.2 |
After receiving a declaration from the Company, Informanagement will send, in duplicate, an agreement to the Company; |
| 2.1.3 |
The Company then sends a signed copy of the agreement back to Informanagement by return (in accordance with direction indicated by Informanagement). |
| 2.1.4 |
Informanagement will confirm to the Company safe receipt of the signed agreement and order confirmation. |
| 2.2 |
The agreement comes in to force the moment Informanagement have received the signed copy of the agreement of the Company. |
| 2.3 |
Informanagement are entitled to conduct a credit check on the Company. If Informanagement is of the opinion that the Company is not creditworthy, this is communicated to the Company and Informanagement has the right to end the agreement. The Company is in this case responsible for the costs of the use of the service up to the moment of suspension of the agreement. |
| 2.4 |
The contractual agreement becomes, unless it has been explicitly mentioned differently, effective for a period of 12 months, from the start date agreed. Upon renewal, the agreement is automatically extended for a new period of 12 months. This is unless one of the parties confirms, in writing, their termination of the agreement at the end of that contracted period, which will need to take into account a notice period of 1 month. |
| 2.5 |
Informanagement can justifiably terminate the agreement during the contracted period, in writing taking into account a notice of 1 month, if the Company does not satisfy the provisions listed in the general or additional conditions. The Company will get a written explanation of why the agreement was cancelled unless it is points 3.3, 8.2 and/or 10 or in the case of bankruptcy or suspension of payment by the Company. |
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| 3 |
Use of the service |
| 3.1 |
The Company is responsible for the service and the use of the code even without their explicit authorisation. |
| 3.2 |
If there is illegal and unlawful behaviour it is prohibited for the Company to use the service and therefore is in conflict with the agreement. Under unlawful behaviour it is also understood that without authorisation by Informanagement in the appropriate manner you cannot use, copy and/or distribute the service of, or on behalf of, Informanagement. |
| 3.3 |
If the Company using the service does so in conflict with this agreement, or uses illegal and/or unlawful behaviour, Informanagement is entitled to put the service out of use with immediate effect, concluding the agreement. This suspension, as a result of the behaviour of the Company, means that Informanagement will not lose their right to compensation and will not restrict the obligation of the Company to pay the compensation agreed to Informanagement up to the end of the contracted period. |
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| 4 |
Maintenance, service delivery and change of properties of service or network |
| 4.1 |
The technical properties of the service being used and the required infrastructure are part of Informanagement or third parties and can be modified. Informanagement will not therefore temporarily limit or stop the service without a compelling reason. |
| 4.2 |
For maintenance Informanagement can put (a part of) the service temporarily out of use. Informanagement will announce a discontinuation of (part of) the service on “www.informanagement.co.uk”, unless it will be a short or restricted discontinuation, where Informanagement does not have to disclose any general or particular reason. |
| 4.3 |
In case of suspension, termination or modification of a licence which is required for the service, or if technical or business management reasons oblige to this end, Informanagement are entitled to conclude the service taking into account a notice period of three months. |
| 4.4 |
The Company is obliged to provide all data which Informanagement deems necessary for the maintenance of the service. If jamming appears in the functioning of the service, this must be communicated to Informanagement by, or on behalf of, the Company as soon as possible. |
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| 5 |
Modification, displacement, removal |
| 5.1 |
Before a Company moves and/or its invoice address is modified, they need to communicate this new invoice address in writing to Informanagement. |
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| 6 |
Tariffs |
| 6.1 |
The Company is responsible for paying Informanagement all charges as per the determined and announced tariffs as from the start date until the end of the agreement. |
| 6.2 |
It is determined the invoice amount, noted in point 6.1, is correct from Informanagement unless deemed otherwise. |
| 6.3 |
Informanagement is authorised to modify the tariffs for the service. |
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| 7 |
Payment |
| 7.1 |
Payment is to take place between both parties at the latest 30 days after invoice date. The Company must use the Informanagement account number given to pay the chargeable remit amount. |
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| 8 |
Late payment |
| 8.1 |
If the Company does not pay, as per point 7.1, they will be liable for interest and penalties without written notice. As from the due date of the invoice the Company will be charged by Informanagement 1% interest per month or the current legal interest rate, whichever is the higher amount. The Company will be charged for any administration costs resulting from this. |
| 8.2 |
Informanagement have the right to serve written notice to the Company to terminate outside use of the Informanagement service if the whole invoice has not been paid within a period of 14 days after the due date. |
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| 9 |
Guarantee, guarantee sum, bank guarantee |
| 9.1 |
If any doubt reasonably exists with the Company to satisfy its payment obligations Informanagement have the right to obtain from the Company proof of guaranteed payment in the form of a guarantee, bank guarantee or a guarantee sum for a reasonable amount. Informanagement will not charge interest on the concerning amount of the guarantee payment. Whilst awaiting provision of this guarantee Informanagement is entitled to suspend all obligations towards the Company. |
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| 10 |
Locking / Reconnecting of the service |
| 10.1 |
Notwithstanding the provisions in the previous clauses, Informanagement is entitled to put the service in a ‘temporarily out of use’ state if the Company is not compliant with its obligations towards the agreement with Informanagement. This ‘out of use’ state has to be justified. |
| 10.2 |
Additionally, if the Company damages the interests of Informanagement then Informanagement is not obliged to supply the desired service. It is reasonable to expect Informanagement not to do so. |
| 10.3 |
The reconnection of the service will proceed, if, within a reasonable period set by Informanagement the Company has complied with all its obligations. Informanagement will protect itself by charging the right for the cost of the reconnection. |
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| 11 |
Informanagement Liability |
| 11.1 |
Informanagement is not responsible for any direct or indirect damage, including continual damages arising by the service not functioning or by shortcomings in the implementation of the service. Nor is Informanagement responsible for any compensation for company damage, loss of profit, loss/destruction of data or damage resulting from claims of third parties towards the Company, except in the following instances listed in points 11.2 through to 11.7. Informanagement is also not responsible for the non functioning of the service caused by the lack of supply of the client data of the Company. |
| 11.2 |
If the Company suffers damage as a result of the non functioning service Informanagement is only responsible for direct damage which is the consequence of Informanagement using the Company data incorrectly or by careless managing or processing of this data, as well as for damage as a result of errors in administrative achievements which coincide with the above mentioned data. |
| 11.3 |
The maximum compensation liability under point 11.2 is no more than the agreed contractual monthly fee up to a maximum of £2500 per event. Notwithstanding the provisions in point 11.1 if Informanagement act recklessly there is no maximum amount. |
| 11.4 |
In the case of several events as listed in point 11.2 the Company in any one year is entitled to a maximum of £10,000 compensation from Informanagement. |
| 11.5 |
If as a result of an event as listed in point 11 more than one claim arises and the sum of the claims are above the maximum in point 11.3 Informanagement only have to satisfy the obligation proportionally. |
| 11.6 |
If Informanagement is accountable for material damage caused to the Company through activities related to the implementation of the agreement, the compensation level for Informanagement is restricted to the repair and replacement costs, set at a maximum amount of £10,000. |
| 11.7 |
Damages as called in point 11.6 have to be communicated in writing to Informanagement as soon as possible after arising yet at the latest within 4 weeks. Damages will not be paid outside this time frame unless the Company has a valid reason for not notifying Informanagement beforehand. |
| 11.8 |
The information on the Internet website of Informanagement or on the Internet website of the Company, as far as Informanagement intends, has been published for the use of the company for spreading news to its clients. The information has not been aimed at the use by, or for, visitors in another country and/or jurisdiction other than England & Wales. By the changing nature of laws and legislation and the intrinsic risk of electronic communication it is possible delays, lacks or other loose ends appear in the supplied information on this Internet site (s). The comments supplied on the information are partly as a professional recommendation in legal, tax or financial terms. The Company must observe the recommendation as its own responsibility and if necessary or desirable ask a relevant expert for their assistance and appraisal. Although Informanagement takes the largest possible care at the composition and the maintenance of any information supplied, Informanagement in no specific situation can guarantee that the applicable information is complete, current and/or accurate. Informanagement accepts therefore absolutely no liability for direct or indirect damage which arises through usage, reliance on or acts as a result of, the supplied information, unless Informanagement has acted recklessly. On the Internet website of Informanagement it is possible to click thorough to the Internet websites of references used for sources of information, which under the judgement of Informanagement we feel are relevant and interesting pieces of information for Companies. These Internet sites and sources of information are not checked, made and/or maintained by Informanagement. Informanagement accept thus absolutely no liability for the contents of these Internet websites. |
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| 12 |
Liability of the Company |
| 12.1 |
The Company is responsible for any damage which Informanagement suffers as a result of any actions or lack of action, by the Company, if it can be proved that this damage was caused by the Company. |
| 12.2 |
The Company protects Informanagement for claims from third parties for compensation of damage these third parties could recover from Informanagement, insofar, as these claims are founded through the use of its access code made available by the Company. Under this protection, among others, is the protection of Informanagement against claims of third parties on the basis of violation of some intellectual property of these third parties by the acting Company. |
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| 13 |
Use of personal data |
| 13.1 |
The data of the Company and its’ clients, collected by Informanagement, are only used within the framework of the management of Informanagement, including within the framework of: |
| 13.1.1 |
the attribution of the service to the Company; |
| 13.1.2 |
improvement or extension of the service to the Company |
| 13.1.3 |
invoicing the Company; |
| 13.2 |
The Company has the right to examine their personal data and correct it. For this the Company can get in touch with Informanagement. |
| 13.3 |
The data of clients of the Company for the service are kept by Informanagement in a fact file, made available separately, which is exclusively accessible for the Company and Informanagement. The Company is responsible for the correctness and completeness of this data. |
| 13.4 |
Informanagement will not, without the explicit preceding authorisation of the Company, make the data supplied by the Company available to buy, grant inspection to third parties or other uses than within the framework of the Company agreement. |
| 13.5 |
Informanagement will completely remove all data of clients of the Company from the fact file immediately after an agreement. |
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| 14 |
Complaints and disputes and appropriate right |
| 14.1 |
If the Company has a complaint or dispute then this has to be raised in writing, by letter or email, to Informanagement within 30 days of it occurring. Within 30 days of receiving this letter Informanagement will reply in writing and, if applicable, supply instructions for a further course of action. |
| 14.2 |
Informanagement must be made aware, in writing by letter or email, of any complaints concerning invoices before the invoice due date. It will be deemed that the Company has accepted the invoice after its due date. If the invoice is partly correct this correct part needs to be paid. |
| 14.3 |
This agreement is governed by the laws of the United Kingdom. You hereby consent to the exclusive jurisdiction and venue of courts in the United Kingdom in all disputes |
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| Additional Terms & Conditions for informanagement Template Websites |
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The website provided is a template site developed by Informanagement UK Ltd in association with Fathom Business Solutions Ltd and that my subscription to this service in no way entitles me utilise the site, its design, content, code or structure should I decide to terminate my subscription.
The minimum subscription period is 12 months from date of first payment. Thereafter, unless otherwise informed in writing, Informanagement UK Ltd will continue to charge for the subscription on monthly basis. Upon renewal, the agreement is automatically extended for a new period of 12 months. This is unless one of the parties confirms, in writing, their termination of the agreement at the end of that contracted period, which will need to take into account a notice period of 1 month. If you wish to move your website elsewhere before 36 months of subscription a termination fee of £1500 will apply , upon payment we would release a static version of your site on CD. After 36 months this will be provided free of charge.
Should you decide to cancel the subscription within 12 months any remaining cost of the initial 12 month subscription will become due immediately and in full.
Provision and support of email is limited to the receiving of emails into our servers, issues downloading or sending emails from any PCs or servers is beyond the scope of this service, and should be referred to your IT support provider. POP3 email addresses can be supplied for £5 each per month.
All our sites are held in our secure data centre across multiple servers, and we perform daily backups of our websites which we hold for 7 days. The site is provided on an "as is" basis and there are no guaranteed uptimes.
Although some client's do have limited success on search engines with template websites, this is not designed to be an aggressive search engine marketing tool.
The site will be hosted by Fathom Business Solutions Ltd and cannot be transferred to another service provider.
Informanagement UK Ltd and Fathom Business Solutions Ltd accept no responsibility for any errors, omissions or posting delays.
You can change text and alter site colours via the control centre but image or logo changes will need to be done centrally which will incur an administration charge of £30.
It is possible to change between our standard templates for a standard charge of £60.
All prices exclude VAT at the current rate and that Informanagement UK Ltd reserve the right to suspend any site, web address and email account in the event of non-payment.
You are undertaking this agreement and making payments to Informanagement UK Ltd.
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