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Terms & Conditions
 
 
These terms and conditions form the contract between us in the provision by us of any service and in our relationship with you as affiliates, users of or visitors to any of our websites.  By using our site or subscribing to our services you agree to be bound by them
We are: Where the World Meets Ltd, trading as Sales Stats Manager.
Our address is:

Astons Barn, North Green Road
Pulham St Mary, Diss, IP21 4YF
United Kingdom
You are:

Anyone who visits our website or uses our Services, whether free or paid.
   

The terms and conditions

     
1)  

Definitions
   
"Email" means an electronic message or other communication as well as the medium of communication.
"Price"
    means the price we charge from time to time for any Service. Prices are shown on our Website.
"Project" means any work we do for you, as a result of accepting your specific instructions, as opposed to work done automatically through software and / or our Website.
"Service" means all or any service provided by us.
"Website" means any website or page accessed via the Internet.
“we”, “us”, etc means Where the Wold Meets Ltd.  Where the context permits it also includes any business company or individual who shares an interest in the sale of any goods or service promoted on the Web Site.  Without limitation, it includes any subsidiary or associated company of ours, together with any licensor, affiliate, or network partner. Despite that, under no circumstances can any liability attach to any person except Where the World Meets Ltd.
"you” “yours” etc, means you, the party to this agreement.  By using our Website or our Services you warrant that if you trade in a partnership or through a corporate entity, you are fully authorised to enter into this agreement on behalf of any such other organisation.  Furthermore you agree that you are personally liable for the obligations under this agreement, jointly and severally with the organisation you represent.
 
2) Basis of contract
2.1) Subject to the terms set out in this agreement, we agree to provide to you the Service described on our Website at the prices we charge from time to time.
2.2) If you instruct us in some way outside of our Website, then the terms set out on our Website  shall apply to that other or additional work.
2.3) The information on our Web site is to be treated in law as an invitation to you to make an offer, and is not itself an offer. Accordingly, there is no contract between us until we have accepted you as a client/customer by sending you an email message after we have received your payment.
2.4) We shall fulfill our obligations under this agreement through work in any country in which we choose to operate.  The level of duty of care imposed on us shall never be greater than the level generally accepted in that country.
2.5) In respect of additional or secondary Services, the contract between us comes into existence when we accept your order for the work concerned.
2.6) We are free to refuse your offer or to offer to supply you at a different price or under different conditions.
2.7) This document forms the basis of the contract between us automatically upon our acceptance.
2.8) If we provide a service to you free of charge, your obligations under this contract still apply, with the exception of provisions relating to payment.
2.9) Subject to contract, we now agree to grant a licence to you to use the Services, in the terms set out on the pages of our Website.
   
3) Identification of the Service
  You acknowledge that:
3.1) you buy as a business and not as a consumer.
3.2) you understand exactly what is included in the Service you have ordered;
3.3) you are satisfied that the Service are suitable for your requirements;
3.4) in entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Price and the Service given on our web site.
   
4) Intellectual property rights and licence
4.1) The following provisions do not apply to sites on which we promote third party advertising.
4.2) Software code and graphic images owned by a third party are not affected by this agreement. During and after completion of the contract and unless otherwise specified in this agreement ownership of other intellectual property shall be as follows:
4.3) All work by us on a Project, and capable of UK copyright protection, belongs to us, except:
 
.1    Insofar as you provide content, that content continues to belong to you.;
.2    We acquire no rights in any material owned by you or a third party before the contract    between us comes into existence.
   
5) Payment and value added tax
5.1) The Price is set out on our web site.  We may increase it at any time.  If you are a client, we will give you 28 days months notice of any increase in the Price.
5.2) We require payment in advance for all Projects and Services.  Project payment may be divided into phases according to the work to be done, at our discretion.
5.3) You agree to pay the Price for the Services.  Value Added Tax is payable by UK clients and may be payable by other clients in the European Union.  If you can satisfy us that you are resident in a country not liable to value added tax, then we shall not charge it to you. If you have paid it, we will refund it.
5.4) You may pay the Price by:
 
.1    credit or debit card, as accepted from time to time by our merchant service    provider;
.2    cheque drawn on a United Kingdom bank account;
.3    money transfer to our bank, details of which will be    provided on request;
5.5) However you pay, it is your responsibility to make sure cleared funds are in our account by the due date.  We do not send regular reminders in respect of cheque payments.  Ongoing provision of Services to you is at risk if you do not arrange to pay us promptly.
5.6) You acknowledge that if any payment for renewal of a contract is not received in our bank by the day on which it is due, we may suspend the Services and / or cancel this agreement.  We may choose to continue to work for you on new terms.
5.7) You agree that these terms are reasonable.
   
6) Consent to use of personal data
6.1) (This paragraph has been included primarily to enable us to comply with the laws of countries within which we operate and should not be taken as evidence that we have any intention to use your data in a way that could cause loss, damage or embarrassment to you. This paragraph does not reduce your statutory legal rights).
6.2)
So far as the law of any country may control the way we gather, store and use data, you now agree that in respect of any data provided by you or arising out of your use of our Services or of our Website:
.1    we may store your data for up to six years (the limit period for bringing    a legal action in most countries);
.2    we may send your data to any country for either processing or storage;
.3    you accept that we may process your data automatically, rather than    manually;
6.3)

You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you.
   
7) No spam provisions
  So far as you may use our Services to send messages or other electronic communications to third parties, you agree that you will not instruct us to send any Email:
7.1) which contravenes the law of any country to which it might be sent;.
7.2) to any person who has not agreed in advance to receive it;
7.3) to a person under the age of 18 years;
7.4) containing content which could reasonably offend any person;
   
8) Termination
8.1)

You may terminate this agreement in accordance with any free trial period or other promotional terms we have offered to you at the time of your entering into the contract.  If you do so, the terms of this agreement continue to apply so far as not inconsistent with the terms of the promotional offer.
8.2)

This agreement between us terminates when we have provided the Services you have ordered.  If one of us tries to terminate the agreement while either of us still has outstanding obligations of any sort, to the other, then the termination takes effect only so far as concerns parts of the agreement which cannot any longer be relevant to the outstanding obligations.
8.3)

We may terminate this agreement, without notice, if you fail to make a payment when it becomes due or otherwise fail to comply with any other of these terms.
8.4)

After termination of this agreement for any reason, you are not entitled to a refund of any fees paid to us.
 
9) Confidentiality
9.1)

You are aware that in the course of business you may have access to and be entrusted with information about us, all of which information is confidential.
9.2)

You undertake for yourselves and every employee or sub-contractor whose services you use that neither you nor they will divulge to any person whatever or otherwise make use of (and shall use their best endeavors to prevent the publication or disclosure of) any trade secret or confidential information.
9.3)

You undertake to make all relevant employees, agents and sub-contractors aware of the confidentiality of information and the provisions of this paragraph and to take all such steps as shall from time to time be necessary to ensure compliance by your employees, agents and sub-contractors with these provisions.
9.4) We accept that we have a high duty to keep safe and confidential all information of any sort about you and your business and operation and our dealings, transactions and affairs.  In particular we accept the duty to keep safe and confidential all aspects of your Website and any other IT system to which we may be given access.
 
10) System and Network Security
10.1) You agree that you will not, and you will not allow any other person to, violate or attempt to violate any aspect of the security of our systems.
10.2) You understand that any such violation is unlawful and that any contravention of law may result in criminal prosecution.
10.3)
Examples of violations are:
  • accessing data unlawfully or without consent;
  • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
  • attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
  • forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
  • taking any action in order to obtain services to which you are not entitled.
11) Interruption to Services
11.1)

If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we judge the down time is such as to justify telling you.
11.2)

You acknowledges that the Services may also be interrupted for reasons beyond our control.
11.3)

You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.
 
12) Technical support
 

So far as we are reasonably able, we will provide full technical support for the Services at a pre-agreed Price or otherwise as set out on our Website.  Support will be provided by email or some other electronic messaging system.
 
13) No duty to monitor
 

We are under no obligation to monitor or record the activity of any client or affiliate for any purpose other than the proper recording of data as intended by this agreement, nor do we assume any responsibility to monitor or police Internet-related activities.
 
14) Your contact details
 

You undertake to provide to us your current land address email address fax and telephone numbers as often as they are changed.
 
15) Limitation of liability
15.1) We give no warranty in connection with the Service.
15.2) We do not represent that the Service is suitable for your use.
15.3) You have not relied on us as “experts” in any area.
15.4) You accept that data supplied through our Website may not be accurate.
15.5) You agree that in entering into this agreement you have not relied on any representation or other information except the explanation of services and the prices posted on our web site.
15.6) We accept no responsibility for:
 
  • any difficulty you may experience in downloading any file from our servers;
  • any firewall provision not specified in the Services;
  • any malfunction in any software whether provided by you or by us;
  • any aspect whatever of the function or content of your web site.
15.7) You agree that in any circumstances when we may become liable to you, the limit of our liability for any one event, act or omission is the amount you have paid us in the immediately preceding 12 month period.
 15.8)

(for the avoidance of doubt) we shall not be liable to you for loss of profits goodwill or any type of special, indirect or consequential loss (including loss or damage suffered by you as a result of an action brought by a third party) even if such loss was reasonably foreseeable or we had been advised of the possibility of your incurring it.
 
16) You indemnify us
  You agree to indemnify us against all costs claims and expense arising directly or indirectly from:
16.1)

your failure to comply with the law of any country;
16.2)

a breach of the intellectual property rights of any person arising from content posted by you on our Website;
16.3)

the posting by you or any third party with or without your knowledge of any material on your Website;
16.4)

your asking or instructing us to send any Email which contravenes the provisions of paragraph 7 above.
16.5)

Your use of any communication forum which we may provide on our website.


and for the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at £80 per hour without further proof.
 
17) Calamity
17.1)

Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control.
17.2) Each of the parties agrees to give notice immediately to the other upon becoming aware of a calamity such notice to contain details of the circumstances giving rise to it.
17.3) If a default due to calamity continues for more than 6 weeks then the party not in default shall be entitled to terminate this agreement. Neither party shall have any liability to the other in respect of the termination of this agreement as a result of calamity.
       
    18) Successors to the agreement
    18.1)

    The benefit and obligations of this agreement shall be binding on any successor in title.
    18.2)

    Neither party shall be entitled to assign this agreement nor all or any of their rights and obligations hereunder without the prior written consent of the other.
     
    19) Dispute Resolution
     

    In the event of a dispute arising out of or in connection with this contract and which has not been resolved following discussions and negotiations between a person or persons appointed or authorised by the you and us then we both undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
     
    20) Waiver
     

    Failure by us to enforce at any time or for any period any one or more of the terms or conditions of this Contract shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Contract.
     
    21) Jurisdiction
     

    This Contract shall be interpreted according to the laws of England.
     
    		 

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