Effinities is a trade name for the product, the Effinities E-Commerce Engine available via this website. Exbos Ltd is the company name and developer of the software as an internet application.
AGREEMENT BETWEEN YOU AND EXBOS LTD
These Terms & Conditions constitute a legal agreement between you and Exbos Ltd. You must accept without modification all of the terms, conditions, and notices contained in these Terms & Conditions in order to access and use the services Exbos Ltd provide. If you do not accept these Terms & Conditions in their entirety, you may not access or use the services provided by Exbos Ltd.
Exbos Ltd provides internet services, Exbos Ltd reserves the right to suspend or cancel any customer's access to any or all services provided by Exbos Ltd when Exbos Ltd decides that the account has been inappropriately used or otherwise.
These are the terms and conditions for use of the Internet services provided by Exbos Ltd. By purchasing services from Exbos Ltd, you (subscribers) agree to abide by these terms and conditions. We reserve the right to change this agreement at any time without notice.
MODIFICATION OF THESE TERMS OF USE
Exbos Ltd may wish to update or change the terms, conditions and notices for the service provided from time to time to reflect changes in the service, changes in the laws affecting the Services, or for other good reasons. You understand that Exbos Ltd reserves the right to make these changes and that you are responsible for regularly reviewing these terms, conditions and notices. Continued access to or use of the Services provided by Exbos Ltd after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Exbos Ltd Services shall be subject to the Terms & Conditions, as modified from time to time.
EXBOS LTD RIGHT TO USE FEEDBACK OR SUGGESTIONS YOU SUBMIT
Exbos Ltd wants your voluntary feedback and suggestions on the Services we provide so that we can continually improve the services for you and other customers. When you submit feedback and suggestions, please understand that Exbos Ltd needs to have full rights to use your feedback and suggestions without any encumbrances. In particular, you should understand that by submitting any feedback or suggestions to Exbos Ltd concerning the Services we provide, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Exbos Ltd and its affiliated companies permission to:
Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions; and
Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions.
These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to Exbos Ltd use of the materials contained within such feedback or suggestions. Exbos Ltd is under no obligation to post or use any materials you may provide and may remove such materials at any time at Exbos Ltd sole discretion.
LAWFUL USE
Exbos Ltd accounts are to be used by the primary owner only, account holders are not permitted to resell, store or give away the services of their account to other parties even if it was for free or non-profitable.
You are responsible for conforming to all national, regional, and local laws regarding the Internet and electronic communication. You must respect the intellectual property and copyrights of resources provided by others on the net. You may not participate in any illegal activities while using your account. You must obey the laws of the United Kingdom, England and Wales and other countries that you communicate with over the net. We cannot and do not monitor or control traffic content to/from our service. You are responsible for keeping your activities legal, and for censoring yourself and colleagues. Subscribers are not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against Exbos Ltd. Should the posted material fall into this category, we reserve the right to immediately refuse or terminate service.
Exbos Ltd does not allow any of the following contents to be stored on any of its servers:
- Illegal Material - This includes copyrighted works, commercial audio, video, or music files and any material in violation of any Federal, State or Local regulation.
- Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Exbos Ltd.
- Warez - Includes pirated software, ROMS, emulators, freaking, 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.
Exbos Ltd will terminate any account that contains any of the above mentioned contents without any warning and without refunding any payments.
DATA PROTECTION
1. Unless indicated otherwise on the relevant Order form, the Client hereby agrees to allow Exbos Ltd to collect and process data and information regarding the Client’s use of the Service and to provide this to sub-contractors and/or companies affiliated with Exbos Ltd for the purposes of marketing related services, or for any other purpose connected with the Agreement. Exbos Ltd will provide the Client on request with details of all such information held by Exbos Ltd, and will modify any information that the Client advises is incorrect.
2. Subject to and in accordance with relevant data protection legislation, the Client hereby consents to allow Exbos Ltd to collect data regarding Effinities Commerce Engine use of the Services and to provide such data to any governmental or regulatory body for the purpose of Exbos Ltd compliance with any applicable laws and regulations.
3. Each party shall for the duration of any Agreement governed by these Terms and Conditions comply with the provisions of the Data Protection Act 1998, (including the data protection principles set out in that Act) and any similar or analogous laws, regulatory requirements or codes of practice governing the use, storage or transmission of personal data and shall not permit anything to be done which might cause or otherwise result in a breach by either party of the same.
4. Exbos Ltd possesses the right to communicate with the Client regularly via, but not limited to, electronic means.
5. Exbos Ltd may, from time to time, send Client information relating to the services of other companies that Exbos Ltd feels may be of interest to the Client. If the Client does not want to receive such information, it is to inform Exbos Ltd in writing.
6. Exbos Ltd has the right to deny Customer Support to the Client if the Client fails to demonstrate to the Exbos Ltd representative upon receipt of a phone call or e-mail by Exbos Ltd that they are indeed the Client and therefore authorised to request that changes be made on the account. The Client acknowledges that it may not always be possible for Exbos Ltd to guarantee that breaches will not occur and therefore agrees to cooperate with Exbos Ltd staff in its requests for Client authentication.
"UNLIMITED" POLICY
High bandwidth usage: Exbos Ltd offers an unlimited use policy by maintaining very large ratios of bandwidth and disk space per customer. In rare cases, Exbos Ltd 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, Exbos Ltd reserves the right to impose the High Resource User Policy for the consideration of all customers.
HIGH RESOURCE USER POLICY
Resources are defined as bandwidth, disk space and/or processor utilization.
Exbos Ltd may implement the following policy to its sole discretion:
When an account is found to be monopolising the resources available Exbos Ltd 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.
DATA AND BACKUP
While we do backup all data on secure servers we are not liable for any loss of data which may adversely affect your business. Subscribers agree that Exbos Ltd has the right to delete all data, files, or other information that is stored on Exbos Ltd servers upon termination of services, or cancellation of account due to non-payment or breaking of any of these terms by subscriber.
SECURITY
While Exbos Ltd makes all efforts to ensure the services we provide are both secure and robust, we make no claims about this security. If someone gains unauthorised access to your account they may/may not have access to customer details such as payment information, this is your responsibility. Hacking is a serious crime and effects most businesses. Should Effinities Commerce Engine and/or any system provided by Exbos Ltd suffer a breach of security we cannot be held responsible. It is the client’s responsibility to delete credit card information after processing it.
HOLD HARMLESS
Subscribers will indemnify and hold Exbos Ltd harmless (including officers, employees, agents, and shareholders) of any and all claims, costs, expenses or liability resulting from any damage to Subscriber’s business, service, equipment, network, operations, or reputation resulting from Exbos System’s actions. Indemnification includes, but is not limited to, any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.
PAYMENT POLICY
Exbos Ltd reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of one year from the purchase of your account, excluding government charges such as tax which can change out of the control of Exbos Ltd.
In addition, Exbos Ltd 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 cancellation request; the Customer can request cancellation of their account and will be billed up to the first day of the following month.
All Charges are exclusive of VAT and any other applicable purchase tax, import, and all other duties. Any failure by the Client to pay any fees due under these Terms and Conditions on the date specified shall be deemed to be a "material breach" of these Terms and Conditions.
CANCELLATION AND REFUNDS
Exbos Ltd reserves the right to cancel the service at any time. Customer refund requests are to be sent via email and will only be processed in the cases of service non-performance that might be caused by Exbos Ltd side, Refund requests will be refused if requested for any cause that is out of Exbos Ltd side.
Should you wish to cancel your account with Exbos Ltd you must write to us 7 days before your next billing date. On requesting a cancellation we will reply with confirmation that your cancellation request has been actioned.
COPYRIGHT
Client retains the copyright to data, files and graphic logos provided by the Client, and grants Exbos Ltd the rights to publish and use such material in fulfilment of the Client Order. Artwork and graphic logos designed by Exbos Ltd for use in the Client’s Web presentation will remain the property of Exbos Ltd; and at its discretion and under separate agreement, Exbos Ltd will grant the Customer rights to use such material in formats other than Web presentations. Client must obtain permission and rights to use any information or files that are copyrighted by a third party and for Exbos Ltd to include such materials in fulfilment of the Client Order. Client agrees to indemnify and hold harmless Exbos Ltd from any and all claims resulting from the Client's negligence, intentional failure or inability to obtain proper copyright permissions. Client represents and warrants to Exbos Ltd that all such permissions have been obtained, and evidence of all necessary permissions may be requested from Client.
ACCESS ISSUES
Client agrees that Exbos Ltd shall have the right to remove from Client’s Web Site any web pages Exbos Ltd has designed which upon or following posting fail to adhere to the Terms and Conditions, including violation of any licensing agreements or failure to pay fees duly assessed.
Content that is deemed unsuitable by Exbos Ltd to be inappropriate or offensive can be removed from the web site at any time by administrators from Exbos Ltd
FRAUD FIGHTING
For Those Thinking About Committing Fraud :
1. Card fraud is a crime and a felony punishable by heavy fines and jail time. Fraudulent behaviour will be prosecuted aggressively and with a passion to the fullest extent of the law.
2. The ID and address of your computer and your ISP provider have been determined, and recorded as a safeguard against fraudulent behaviour and may be used by Exbos Ltd or legal entities to prosecute guilty parties.
3. All information must match card account records as provided by the card-issuing bank. Inputting intentionally false information is fraud and will not be tolerated and may subject you to prosecution.
4. Card numbers are transmitted directly to the banking network for authorization. Exbos Ltd considers fraud a direct and serious threat to our business profitability. We do not take any effort to defraud lightly and will prosecute whenever and wherever possible to the fullest extent of the law.
INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold Exbos Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Exbos Ltd, 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 Exbos Ltd against liabilities arising out of:
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Exbos System’s server.
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
(3) copyright infringement.
(4) any defective products sold to customer from Exbos System’s server.
FORCE MAJEURE
Neither party shall be deemed in default of this Agreement or the Client Order to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, or any other cause beyond the reasonable control of such party; provided, that the party whose performance is affected by any such event gives the other party written notice thereof within ten (10) business days of such event or occurrence.
DISCLAIMER
Exbos Ltd will not be responsible for any damages your business may suffer, Exbos Ltd makes no warranties of any kind, expressed or implied for services we provide.
Exbos Ltd disclaims any warrantor merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Exbos Ltd and its employees.
Exbos Ltd reserves the right to revise the above mentioned policies at any time.