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Terms and Conditions of Service

Legacy 3 innovations policies as of 01/07/2011

Definitions

“Legacy 3” or “we” or “us” or “our” refers to Legacy 3 Innovations Ltd, whose registered office is ClearCut Offices, 22 The Crescent, Lytham St Anne’s FY8 1SZ.

“Customer” or “you” or “your” refers to the person or a company in whose name the account with Legacy 3 is held.

“Services” refers to any service offered by Legacy 3

General

These terms and conditions of service govern the supply of Services by Legacy 3 to the Customer. Use of Legacy 3 Services is subject to the terms listed herein. Legacy 3 reserves the right to amend these terms and conditions without notice, effective upon posting amended terms and conditions to it’s website.

Limitations

Unless otherwise agreed in writing the Customer is responsible for managing and maintaining any CMS Applications, via the Legacy 3 website, included in Services purchased from Legacy 3.

The use of Legacy 3’s CMS website control panel is entirely at the Customer’s own risk. Legacy 3’s CMS control panel is provided strictly on an “as available” basis.

The Customer is responsible for keeping passwords or other sensitive information regarding Legacy 3 Services secure. Legacy 3 shall not be liable for any loss or damage arising from the Customer’s failure to keep passwords or other sensitive information secure.

Except as expressly provided in these Conditions, Legacy 3 gives no warranties of any kind, expressed or implied for services provided to the Customer. Legacy 3 disclaims any warranty or fitness for a particular purpose. This includes loss of business, custom, loss of data and all service interruptions unless otherwise stated by Legacy 3 or agreed with the Customer in writing.

Charges and Payments

Service charges are billed in advance on, or shortly after, the day of purchase and on subsequent monthly or yearly anniversaries (the Customer’s “billing date”) according to the Customer’s chosen billing frequency.

License charges are billed monthly in arrears and subject to standard payment terms.

When the Customer purchases additional Services or purchases an upgrade to their Services, a pro-rated amount will be charged on or shortly after the day of purchase to cover the remainder of the current billing period (whether monthly or yearly) from the day of purchase until the Customers next billing date.

For example, if a Customer on a monthly billing cycle with a billing date of the 3rd of the month purchases an additional service costing £30 per month on the 17th of September, they will be charged £15 (£13 for the remaining 13 days in September plus £2 for the first 2 days in October). A full £30 will be charged on the 3rd of October and on subsequent billing dates.

The Customer authorises Legacy 3 to debit payments from the Customer’s credit or debit card for all Service charges, fees, taxes and any other charges as they are due.

Legacy 3 reserves the right to charge interest on any unpaid sums at the current statutory rate prescribed in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 until payment is received by Legacy 3 in cleared funds.

Legacy 3 is not responsible for any additional bank fees, interest, finance charges or other charges incurred by the Customer as a result of charges billed by Legacy 3 .

The Customer is responsible for ensuring Legacy 3 has up-to-date billing and contact information for the Customer.

Legacy 3 reserves the right to terminate or postpone Customer accounts where unpaid charges remain outstanding for a period of more than 14 days.

Termination of Services by Legacy 3 shall not alter the Customer’s obligation to pay all charges due to Legacy 3 at the time of termination.

Legacy 3 reserves the right to change fees and charges as it deems necessary. Customers will be notified in advance of any such changes to fees and charges.

Cancellations & Refund Policy

All fees and charges are non-refundable unless expressly stated or agreed otherwise in writing by Legacy 3.

You must give 30 days notice from your end of contract date to cancel your contract.

Cancellation of Services by the Customer shall not alter the Customer’s obligation to pay all charges due to Legacy 3 at the time of cancellation.

Legacy 3 will not retrieve data from cancelled accounts unless otherwise agreed in advance.

Law Enforcement co-operation

Copyright and Intellectual Property

By using Legacy 3 Services, the Customer acknowledges ownership by Legacy 3 of all rights, title and interest in and to all trademarks, other intellectual property and services developed by Legacy 3.

The Customer shall not copy, reproduce, alter, modify or create derivative works from any trademarks, intellectual property or service offered by Legacy 3.

Indemnity

The Customer agrees that it shall defend, indemnify, save and hold harmless Legacy 3 from any and all demands, liabilities, losses, costs and claims, including all legal fees, that may arise or result from any service provided or performed or agreed to be performed by a Customer, its clients, agents, employees or representatives. (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Legacy 3 services; (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 Product sold via Legacy 3 services.

Force Majeure

Neither party shall be liable to each other or be deemed to be in breach of the Agreement by reason of any delay in performing or failure to perform any of its obligations in relation to the Services if such failure or delay was beyond that party’s reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond either party’s reasonable control

  • act of God, explosion, flood, tempest, fire or accident
  • war or threat of war, terrorism, sabotage, insurrection, civil disturbances or requisition
  • acts, requisitions, regulations, bye-laws, prohibitions or measure of any kind on the part of any governmental parliamentary or local authority
  • strikes or other industrial actions or trade disputes of a third party

Severability

Any invalidity or unenforceability of any term of, or any right arising pursuant to this agreement, shall not in any way affect the remaining terms and rights which shall be construed as if such invalid or unenforceable term or right did not exist.

Assignment

This Agreement is personal to the parties and neither party may assign the benefit of this Agreement, or otherwise deal with any of its rights or obligations under this Agreement without the prior written consent of the other party, such consent not to be unreasonably withheld or delayed, subject to board approval of the assignee. Notwithstanding the foregoing, either party may assign its rights under this Agreement to an entity that either now or in the future controls, is controlled by or is under the common control of such a party as a consequence of merger, acquisition, change of control or asset sale.

Contracts (rights of third parties) Act 1999

Nothing in this Agreement is intended to create any right which, by virtue of the Contracts (Rights of Third Parties) Act 1999, might otherwise be enforceable by a third party against either party to this Agreement.

Governing Law

This Agreement shall be governed by and construed and interpreted in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts.

Acceptable Use Policy

The Customer shall not participate in or facilitate any action or activity that Legacy 3 considers abusive, or that contravenes UK law. Actions or activities that Legacy 3 considers abusive and therefore strictly prohibited include, but are not limited to the following:

  • Unsolicited e-mail activities
  • Impersonated or libellous postings
  • Hacking or unauthorised access
  • Propagation of viruses or worms
  • Terrorism or threat of terrorism
  • Denial of Service (DoS) or Distributed Denial of Service (DDoS) attacks

The Customer shall not deliberately or maliciously cause or allow to be caused any disruption to Legacy 3 Services, its servers, network or other infrastructure, or any other networks or services on the internet.

The Customer shall not participate in or facilitate any activity which interferes with or disrupts Legacy 3 Services.

Participation or facilitation of any of the above activities may result in immediate suspension or termination of Services without refund.

5-day Money Back Guarantee

To make a request under the 5-day Money Back Guarantee, the Customer must submit a request via the Helpdesk within 5 days of purchase.

Accounts which are suspended, cancelled, or terminated for violating our Terms & Conditions, including (but not limited to) the Acceptable Use Policy, will not qualify for the 5-day Money Back Guarantee. For example, if an account is cancelled due to spamming, phishing, or another violation, no refund will be issued.

Any setup fees and/or overage charges incurred during the initial 5 day period are not refundable.

Service Level Agreement (SLA)

Definitions

“Legacy 3 Service” refers to the Smartphone application purchased (thehotelapp).

“Availability” means that the Legacy 3 service is running and has external network access as determined by Legacy 3.

Service Level

Legacy 3 will use commercially reasonable efforts to ensure availability of your Legacy 3 Service for at least 99.95% of the time, excluding Scheduled Maintenance. In the event that we don’t meet this commitment during any consecutive 30-day period you will be eligible for Service Credits of 5% of your fees for every full 30 minute period of unavailability up to a maximum of 100% of your relevant fees paid for that period.

Claims & Credits

To receive a Service Credit you must submit your claim via the Legacy 3 helpdesk, including details of the period(s) of unavailability you wish to claim credit for so we can corroborate the details. Claims for Service Credits must be received within 14 days of the most recent reported period of unavailability.

Service Credits (if eligible) will be applied to your next regular (i.e monthly or annual) invoice.

Eligibility & Exclusions

The following scenarios are examples where the Legacy 3 SLA does not apply…

  • Unavailability is due to a Customers own misconfiguration of their application(s) or application(s)
  • Unavailability is caused by circumstances beyond our reasonable control, for example, network routing problems elsewhere that affect access to your Legacy 3 service
  • Unavailability is due to Scheduled Maintenance
  • The customer’s account has been suspended (e.g for non-payment or breach of terms and conditions)
  • The customer’s account has overdue payments
  • The customers usage of Legacy 3 services is in contravention of the Terms and Conditions
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