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TERMS OF SERVICE
TimeMaker Systems (Europe) Ltd hereafter referred to as 'TimeMaker' provide World
Wide Web page and database hosting. TimeMaker reserves the right to suspend or cancel
a customer or users access to any or all services provided by TimeMaker when TimeMaker
decides that the account has breached the Terms of Service.
TimeMaker reserves the right to refuse service and /or access to its servers to
anyone. TimeMaker do not allow any of the following content to be stored on its
servers: Illegal Material - This includes copyrighted works, commercial audio, video,
or music files, and any material in violation of any Local, National or European
law. Adult Material - Includes some pornography, erotic images, or otherwise lewd
or obscene content. Warez - Includes pirated software, ROMS, emulators, phreaking,
hacking, password cracking, IP spoofing, etc., and encrypting of any of the above.
Also includes any sites which provide "links to" or "how to" information about such
material.
In rare cases TimeMaker may find a customer to be using server resources to such
an extent that he or she may jeopardize server performance and resources for other
customers. In such instances, TimeMaker reserves the right to impose the High Resource
User Policy for the consideration of all customers.
Bandwidth allowance is 2Gb per council domain per month unless otherwise indicated
and overages can be charged at �20 per Gb per month (at the discretion of TimeMaker).
Amendments to bandwidth quotas need to be agreed prior to the 15th of the month
to qualify that month for the increased allowance.
Resources are defined as bandwidth and/or processor utilization. TimeMaker may implement
the following policy to its sole discretion: When a website is found to be monopolising
the resources available, TimeMaker reserves the right to suspend that site immediately.
This policy is only implemented in extreme circumstances and is intended to prevent
the misuse of our servers. Customers may be offered an option whereby TimeMaker
continues hosting the website for an additional fee.
All accounts are set up on a prepay basis. Although TimeMaker reserves the right
to change prices of accounts or services at any time, all pricing is guaranteed
for the period of prepayment. Payment is due each anniversary year or month following
the date the account was established. Customers will automatically be charged again
at the end of their prepay period unless closure notification has already been given.
In situations where the card number on file is declined TimeMaker will immediately
suspend the facility to purchase services on-line until the outstanding charge is
processed successfully. In addition, TimeMaker reserves the right to suspend other
services until the outstanding debt is cleared. The customer is responsible for
all money owed on the account from the time it was established to the time that
the customer sends a written cancellation request. No bills or invoices will be
sent by regular mail. Invoices will be sent directly to customers via email shortly
after the online purchase has been made. At this point the customer's card will
be charged automatically.
In order to streamline our accounting procedures and keep costs down TimeMaker runs
a limited number of payment options. Credit / Debit Cards: TimeMaker accepts Mastercard,
Visa (not Visa electron), Switch and SoloCheque Payment: This option is only available
in some cases on request of a TimeMaker account. A credit / debit card number will
still be required if customers require the facility to purchase services on-line.
TimeMaker cannot guarantee that a service will be provided until after any received
cheques have been cleared.
TimeMaker reserves the right to cancel the service at any time. In this event customers
will be entitled to a pro rata refund based upon the remaining period of membership.
If a customer contravenes TimeMaker's Terms of Service a refund will not be issued
in the event of a cancellation. If not entirely happy with the service provided
by TimeMaker, customers may cancel their order within 14 days from order date without
reason. Any payment made will be returned within 30 days of cancellation. Customers
may cancel their account at any time, but may forfeit the years payment. Any incentives
offered to customers when opening the account will also be cancelled. Customers
maybe given the option to purchase services that were offered as start-up incentives
in the result of a cancellation. Fees charged on a prepay basis are non-refundable.
Customers are not entitled to receive a refund unless TimeMaker cancels the service
or in circumstances where TimeMaker is in breach a refund may be due.
Customer agrees that it shall defend, indemnify, save and hold TimeMaker harmless
from any and all demands, liabilities, losses, costs and claims, including reasonable
attorney's fees asserted against TimeMaker, its agents, its customers, officers
and employees, that may arise or result from any service provided or performed or
agreed to be performed or any product sold by customer, its agents, employees or
assigns. Customer agrees to defend, indemnify and hold harmless TimeMaker against
liabilities arising out of; (1) any injury to person or property caused by any products
sold or otherwise distributed in connection with TimeMaker's server; (2) any material
supplied by customer infringing or allegedly infringing on the proprietary rights
of a third party; (3) copyright infringement and (4) any defective products sold
to customer from TimeMaker's server.
TimeMaker reserves the right to revise its policies at any time. In conjunction
with The Supply of Goods and Services Act 1982 TimeMaker will carry out its work
with reasonable care and skill. If the service were not carried with the requisite
level of care and skill, the customer would be entitled to seek reimbursement for
damages suffered as a result of this.
This does not affect your statutory rights as a consumer.
The Terms and Conditions ("the Terms") laid out herein govern your use of this website
(the "Website"). Please read through the Terms and if you find you do not agree
with the Terms, do not use this Website. If you use the Website, you agree to be
bound by these Terms as amended and updated at our discretion.
Unless otherwise specified the copyright of the contents of all pages of this Website
are owned or licensed to TimeMaker Systems (Europe) Ltd.
Unless otherwise specified, the authors of the content in the pages of this Website
have asserted their moral right pursuant to Section 77 of the Copyright Designs
and Patents Act 1988 to be identified as the author of those works.
The words "TimeMaker" however represented or stylised and all associated logos and
symbols and combinations thereof used on this Website are the trademarks (the "Trademarks")
of TimeMaker Systems (Europe) Ltd, hereafter referred to as
TimeMaker. You shall only make fair use of the Trade Marks and will not use the
Trade Marks, whether design or word marks: (1) as or as part of your own trade marks;
(2) in a manner which is likely to cause confusion; (3) to identify products to
which they do not relate; (4) to imply endorsement or otherwise of products or services
to which they do not relate; (5) in any manner which does or may cause damage to
the reputation of TimeMaker or the Trade Marks.
Except as stated below, the contents of this Website may not be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted in any form
or by any means without the prior express written permission of TimeMaker.
You may not distribute, display or copy any of the contents of the pages contained
in this Website to third parties.
As a condition of your use of this Web site, you warrant to TimeMaker that you will
not use this Web site for any purpose that is unlawful or prohibited by these terms
and conditions. You may only establish a link to the Website from your site with
TimeMaker's prior written consent.
The information contained in the material in this Website is only for information
purposes. The material on this Website does not constitute advice and you should
not rely on any material in this Website to make (or refrain from making) any decision
or take (or refrain from taking) any action.
TimeMaker does not make any warranty or representation as to the accuracy or fitness
for purpose of any material on this Website or the reliability of the access to
this Website.
TimeMaker makes no representations about the suitability, reliability, timeliness,
and accuracy of the information, products, services and graphics contained on this
web site for any purpose. All such information and related graphics are provided
"as is" without warranty of any kind. TimeMaker hereby disclaims all warranties
and conditions with regard to this information, products, services and graphics,
including all implied warranties and conditions of merchantability, fitness for
a particular purpose, title and non-infringement. In no event shall TimeMaker be
liable for any direct, indirect, punitive, incidental, special, consequential damages
or any damages whatsoever including, without limitation, damages for loss of use,
data or profits, arising out of or in any way connected with the use or performance
of this web site, with the delay or inability to use this web site, the provision
of or failure to provide any information, products, services and graphics obtained
through this web site, or otherwise arising out of the use of this web site, whether
based on contract, tort, strict liability or otherwise, even if TimeMaker or any
of its suppliers has been advised of the possibility of damages. if you are dissatisfied
with any portion of this web site, or with any of these terms and conditions, your
sole and exclusive remedy is to discontinue using this web site.
The pages contained in this Website may contain technical inaccuracies and typographical
errors. The information in these pages may be updated occasionally and may at times
be out of date. We accept no responsibility for keeping the information in these
pages up to date or any liability for any failure to do so.
This Website may contain material submitted and created by third parties. TimeMaker
excludes all liability for any illegality arising from or error, omission or inaccuracy
in such material.
This Website also may contain links to other websites that are not under the control
of and are not maintained by TimeMaker. TimeMaker is not responsible for the content
of those sites. TimeMaker provides these links for your convenience but does not
necessarily endorse the material on these sites.
TimeMaker reserves the right to deny at its sole discretion any user access to this
Web site or any portion thereof without notice.
Use of this Website and these Terms shall be subject only to the laws of
England
and
Wales
which shall exclusively govern the interpretation, application and effect of all
the above permissions, exclusions, licences and conditions of use.
The Courts of England and
Wales
shall have exclusive jurisdiction over all claims or disputes arising in relation
to, out of or in connection with this Website and its use and these Terms.
Contact info@timemakersystems.co.uk with any questions or problems relating to this
Website.
see main bandwidth area above
All TimeMaker design or programming work undertaken by TimeMaker remains the property
of TimeMaker Ltd until such time that full and final settlement is received and
the customer indicates satisfaction with the work completed.
If a complaint is received or any legal authority makes notification to us then
we reserve the right to suspend service provision without notice until such time
that a resolution is reached. Under these circumstances no refunds will be offered
or considered.
All contracts are for 12 months unless otherwise indicated. After this period contracts
roll over on a year-to-year basis and can be cancelled with one month's notice,
unless otherwise agreed between the parties.
Any complaint regarding TimeMaker conduct must first be received in writing to our
postal address.
TimeMaker makes no guarantees that emails can be delivered within certain time frames
or that viruses will not be attached. Events outside the control of TimeMaker will
be considered to have occurred if we say they did and we cannot be held liable for
any loss of business or reputation.
NETWORK & WEBSITES
TimeMaker will monitor and maintain its network up-time to be not less than 99 percent
(applicable to TimeMaker's network only, ie. not Telehouse, Telecommunications suppliers
or international carriers beyond TimeMaker's direct control.
In these circumstances, TimeMaker will use their best efforts to restore service
without delay. There may from time-to-time, be scheduled downtime for network maintenance,
which will be alerted to users of the system online.
TimeMaker will respond to outage reports within two working hours or eight hours
outside working hours. Target repair time is four working hours or eight non-working
hours. TimeMaker will cure any problem in it's direct control, outside of this,
we endeavour to trace the problem directly associated with our service and encourage
the responsible party, to fix the error within a reasonable period of time.
When you visit TimeMaker websites, data may be collected on the nature of your visit.
Typically this would include the site that referred you (if any), your IP address,
and your email address. We may use this information to generate user profiles and
to plan updates to the site to tailor it more effectively for our visitors.
TimeMaker does not share data with other companies other than its own associates
and under no circumstances does it sell its user information. Any personal information
we collect may be used for such purposes as processing transactions, marketing,
product/service development or facilitating subsequent use of this site. Unless
you unsubscribe from receiving promotional materials, we may occasionally notify
you of special promotions, new products or services, or other information that may
interest you.
We reserve the right to disclose any such personal information if required to do
so by law, or we feel such action is reasonably necessary to comply with legal process,
respond to claims, or protect the rights, property or safety of our company, employees,
customers, or the public.
TimeMaker reserves the right to change the terms of its privacy policy at any time.
If we do change this privacy policy, we will post the changes on this website. We
invite you to review this privacy policy each time you visit our website to make
sure you understand our current policy on collecting and using information collected
through it.
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