Terms & Privacy - AgileInsights Ltd.
Last updated: April 2023
1. General Terms
1.1 In this document AgileInsights is referred to as ‘AgileInsights’ and its Clients arereferred to as ‘the Client’.
1.2 By ordering or using any of AgileInsights’s products or services including a AgileInsights Web Site the Client is deemed to have accepted these Terms and Conditions whether or not the Client has been provided with a copy.
1.3 AgileInsights reserves the right to amend or vary any of its Terms and Conditions at any time and without notice.
1.4 Additional Terms and Conditions may be applicable where AgileInsights supplies products and services on behalf of third parties.
1.5 All quotes for products or services are valid for a maximum of 30 days.
1.6 Technical support shall be provided for current hosting and design Clients where they have been included in the sale agreement. Any specialist training that is provided by telephone or on-site will be charged to the Client at AgileInsights’s current hourly rate.
1.7 AgileInsights shall not be held liable for any direct, indirect, consequential or special loss or damage, including but not limited to, any loss of turnover, sales, revenue or profits caused by the use, misuse or any unavailability of its products or services.
1.8 AgileInsights does not accept any responsibility for the effect that programs supplied by AgileInsights or downloaded from the Internet by the Client upon the recommendation of AgileInsights may have on the computers of the Client.
2. Refunds
2.1 If one of AgileInsights’s maintenance packages are purchased, the Client shall commit for the agreed period of time. If the Client cancels the account within the maintenance period then AgileInsights will not make any refunds for any unused portions of the package.
2.2 If the Client does not wish to renew a maintenance contract, the Client shall contact AgileInsights in writing not less than 30 before the renewal date stating that the Client wishes to cancel their maintenance contract.
2.3 The Client shall pay all hosting and support fees in full, in advance and no fees will by refunded by AgileInsights once the order has been placed.
2.4 AgileInsights shall not refund any domain name registration fees are non-refundable once the order has been placed by AgileInsights with the domain name provider.
3. Domain Names
3.1 Where AgileInsights receives a request to register domain names on behalf of the Client, AgileInsights does not guarantee that any particular requested domain name will be available until confirmation has been received from the naming authority.
3.2 In purchasing domain names on behalf of the Client, AgileInsights are acting solely as the Client’s agent and accepts no responsibility for the continuance or otherwise of that registered domain name.
3.3 AgileInsights provides no warranty that the domain name requested by the Client will not infringe the rights of any third party and the Client will indemnify AgileInsights in respect of any such infringements.
3.4 The Client shall be responsible for all renewal fees relating to any domain names purchased on their behalf by AgileInsights, whether charged direct by the naming authority or by AgileInsights.
3.5 Clients will be invoiced not less 10 days before the domain name is due for renewal. All fees must be received within this period.
3.6 By registering a domain name through AgileInsights within the .uk Top Level Domain (a “Domain Name”), the Client enters into a contract of registration with Nominet UK whose terms and conditions can be found on their web site at http://www.nic.uk/ ReferenceDocuments/TermsAndConditions/TermsAndConditions.html
3.7 By registering any other domain name (i.e. not a .uk Top Level Domain) through AgileInsights the Client enters into a contract of registration with the registration authority relevant to that domain name and their terms and conditions will apply.
3.8 It is the responsibility of the Client to ensure that registrant details are kept updated. In the event of a dispute the relevant naming authority for the type of domain held should be contacted and provided with full details of the complaint.
4. Software Applications
4.1 The Client will be responsible for the content used in any software applications designed by AgileInsights on behalf of the Client, including obtaining the legal permission for any material included on the pages and ensuring that the contents of these pages do not violate UK or international law.
4.2 The Client will indemnify AgileInsights in respect of any dispute arising from any defamatory, confidential secret or other proprietary material available via the Client’s web site page(s) or software application.
4.3 AgileInsights reserves the right to remove without notice from the Client’s software application any material deemed to be inappropriate.
4.4 At the bottom of each page of the Client’s web site or will be placed the words “Designed by AgileInsights” or similar and a link to the AgileInsights web site will be active.
4.5 All text content, photographs and images supplied by the Client are the copyright of the Client. It is the responsibility ofthe Client to ensure that model consent and/or permission of the copyright owner is sought for the use of any third party text, photographs or images supplied to AgileInsights for use in the construction of any software application. The layout and design of the software application, the code generated to create the application and any images created by AgileInsights remain the copyright of AgileInsights.
4.6 Where the Client has undertaken to modify the software application directly, the Client will be wholly responsible for the material added to the software application including ensuring that no UK or international laws or copyrights are infringed and all necessary permissions are obtained.
4.7 The Client will indemnify AgileInsights for any claims made against AgileInsights arising from the content of the Client’s software application whether added to the software application by the Client or by AgileInsights.
4.8 Ownership in and to the developed software remains with AgileInsights. AgileInsights grants to the Client an exclusive licence to use and operate the developed software. AgileInsights retains all rights to incorporate the developed software into new development applications without restriction.
5. Payment
5.1 If the Client’s account/maintenance is activated before payment is made then payment must be sent in full by return on receipt of AgileInsights’s invoice.
5.2 If payment is not made in full within 7 days from the date of an invoice all technical support and/or professional services may at the discretion of AgileInsights be suspended until payment is received and cleared.
5.3 If milestone payments are part of the contract they will be paid on their due dates.
5.4 Under the terms of the Late Payment of Commercial Debts (Interest) Act 1998, interest will be payable at the statutory rate from the date payment is due.
5.5 AgileInsights reserves the right to charge an administration fee where an account is cancelled and then reactivated.
5.6 The hosting and support charges will commence on acceptance of the completed software application by the Client.
5.7 AgileInsights reserves the right to increase the maintenance programme charges on the renewal date to reflect any additional services provided to the Client.
5.8 If during the course of a design project additional work should become necessary, AgileInsights will notify the Client of any additional cost involved. Any additional costs may be payable before work can proceed further.
5.9 If the Client delays commencement of work for more than 30 days from payment of the deposit, AgileInsights reserves the right to make a surcharge to cover additional time and price increases since the original quote.
5.10 AgileInsights reserves the right to levy extra charges if additional unexpected time is expended on the creation of the site, or loading of the site onto the internet, due to circumstances beyond its control or due to working with material created and/or provided by a third party.
6. Privacy
6.1 AgileInsights reserves the right to supply Client information as a result of a lawful request by police or government authorities that require the information as part of a legal enquiry.
6.2 The Client may be contacted periodically by AgileInsights to announce any additions or changes to AgileInsights’s products and services. The Client may also be contacted as part of AgileInsights’s ongoing support activities. The Client has the right to request that these communications cease.
7. Termination
7.1 AgileInsights reserves the right to terminate any contract with the Client in any of the following circumstances:
7.1.1 In the event that the Client shall not make any payments within 7 days of their due date
7.1.2 Forthwith by notice in writing in the event of any material breach by the Client of any terms of the contract.
7.1.3 Forthwith upon the Client becoming insolvent.
PROVIDED ALWAYS that any such termination shall be without prejudice to AgileInsights’s right to payment in full of any sums lawfully due up to and including the date of termination
7.2 In the unlikely event that AgileInsights become unable to continue supporting the Client’s software application a copy of the source code will be given to the Client
7.3 These terms and conditions do not affect the statutory rights of the Client.
8. Law and Jurisdiction
Any contract made between AgileInsights and the Client shall be governed by English law whose courts shall have jurisdiction in the event of any dispute.