TERMS AND CONDITIONS OF BUSINESS - May 2018INTERPRETATIONIn these terms and conditions of business (‘the Terms’) the following expressions shall be given the following meanings: Cashen Diverse Solutions or CDS refers to the trading name of the partnership of D P Austin and P R Phelps Act means the Data Protection Act 1998 (and the Data Protection Act 1984 where applicable). The Company or ‘The Client’ means the business or individual identified as such in the Contract or business transaction. The “User” is a business or individual that uses or access any of the CDS Services including email and CDS Modules. Contract means the contract formed between Cashen Diverse Solutions and the Client/Company for the supply of requested service(s). A Contract is defined as "An exchange of promises between two or more parties to do, or refrain from doing, an act, which resulting contract is enforceable in a court of law. It is a binding legal agreement. That is to say, a contract is an exchange of promises for the breach of which the law will provide a remedy." Personal Data means such data as defined in section 1(1) of the Data Protection Act 1998 (and the Data Protection Act 1984 where applicable); All and any business undertaken by Cashen Diverse Solutions is transacted subject to these Terms, all of which shall be incorporated in the Contract. In the event of any conflict between these Terms and any other terms and conditions, these Terms shall prevail unless expressly otherwise agreed in writing by D P Austin or P R Phelps. No variation in these Terms shall be valid if made without the written consent of D P Austin or P R Phelps. The complete or partial invalidity or unenforceability of any provision herein for any purpose shall in no way affect the validity or enforceability of such a provision for any other purpose or the remaining provisions. Any such provision shall be deemed to be severed for that purpose subject to such consequential modification as may be necessary for the purpose of such severance. These Terms dated 15/05/2018 supersede all previous terms and conditions of business issued to the Company or Client by Cashen Diverse Solutions or any related trading names and contains the entire agreement between the parties. Online Privacy PolicyLast updated: May 16th, 2018 IntroductionCDS (collectively, the "Company", "we" or "us") is committed to safeguarding the privacy and security of the personal information of our customers and business partners. We work closely with our technical partners to help ensure this. This Privacy Notice explains how we may collect, use, process, share, and store personal information about you, including through designated third-party service providers, and the choices that are available to you regarding this information. Please read this Privacy Notice carefully to understand our views and practices regarding your personal information and how we will treat it. In addition to information kept in hardcopy, this Privacy Notice also applies to Company-related websites, online applications that run on smart phones, tablets, mobile devices ("apps"), and other online services that we offer which link to this Privacy Notice. Please note also that our websites may contain links to other websites. What information do we collect about you?Information you give usWe collect information about you when you open an account with us or purchase our products and services. We may also collect anonymous information about you using cookies when you access our website or associated applications. The information you provide may depend on the goods or services you are requesting. The information you may give us could include categories such as, but not limited to, your name, work or personal address, e-mail address and phone number. Cookies and website usageOur websites may use cookies to distinguish you from other users of our websites. This helps us to improve the functionality and content of the websites, including keeping our websites and records safe and secure, and to facilitate usage by you. For more information regarding our use of cookies, please review our cookie policy. Please note that our websites are not intended for children under 16 years of age, and we do not knowingly solicit data online from, or market online to, children under 16 years of age. Where we have given you (or where you have chosen) a password to access certain parts of our websites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to/from our websites -- any transmission is at your own risk. How do we use the information about you?We use your information to provide you with the information, process orders for products and services that you request from us, administer or otherwise carry out our obligations in relation to any agreement you have with us. We retain your information for the period necessary required to serve the legitimate purpose or as required by law. We may also use this information to provide you with information about goods or services we feel may interest you. In order to respect your privacy, we will only use your personal data for marketing purposes when you are an existing customer, and if required, we will request your consent prior to using your personal data for direct marketing. Additionally, if at any time you wish us to stop using your information for any the above purposes, please contact us using the methods explained below. We will stop the use of your information for such purposes as soon as it is reasonably possible to do so. How do we share your information?We may automatically collect non-personal information about you such as the type of internet browsers you use or the website from which you linked to our website. We may also aggregate details which you have submitted to us. You cannot be identified from this information and it is only used to assist us in providing effective services, including in connection with this website. Finally, we may be under a duty to disclose or share your personal information for various other reasons, such as to comply with a legal obligation; to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of the Company, our customers, or others. This could include, for example, exchanging information with a law enforcement agency or regulator; or with companies and organisations for the purposes of fraud protection and credit risk reduction. Potential rights under the GDPRUnder the EU General Data Protection Regulation ("GDPR"), if you are a citizen or resident of an EEA country or Switzerland, you may have certain rights regarding your personal information:
If you are eligible to invoke one of the rights listed above and wish to do so, you may contact us as part of a subject access request or if applicable an account removal request using the details found below. Please note that we may not always be able to process your request as there may be legitimate purposes, such as certain legal or statutory obligations, that require us to retain your information as stored or if we believe the change would cause the information to be incorrect. Updates to our Privacy NoticeAs appropriate, we may make changes to this Privacy Notice that will be posted online. Please check back frequently to remain aware of any updates or changes to this Privacy Notice. How to contact usIf you have additional questions, or believe you are eligible to submit a subject access request, you can reach our technical services provider by email at: gdpr@diverse-solutions.co.uk quoting "CDS" or by post to: Customer Services (Personal Data Preferences), Cashen Diverse Solutions, First Avenue, Greytree, Ross-on-Wye HR97HX quoting "CDS" Please be aware that when we receive a formal written complaint regarding the processing of personal data, we try to resolve it directly with the person who has made the complaint. However, as necessary, we will work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding our processing of personal data that we cannot resolve with a complainant directly. Cookie PolicyLast updated: May 16th, 2018 IntroductionThis Cookies Policy explains how CDS use cookies, web server logs and similar technologies to recognize you when you visit our website. CDS and our service providers collect information by automated means when you visit, access, or use our website. We collect information through cookies, web server logs, JavaScript, and other tracking technologies (collectively, "Cookies") to improve and allow for the effective functioning of the CDS website. Our Cookies Policy is intended to help explain what these technologies are and why we use them, as well as your rights to control our use of them. Our website uses unobtrusive Cookies to store information on your computer. Some Cookies on this site may be essential, and the site will not work as expected without them. These Cookies may be set when you submit a form, login or interact with the site by doing something that goes beyond clicking on simple links. We also use non- essential Cookies to anonymously track visitors or enhance your experience of the site. What is a Cookie?A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. These cookies allow you to interact with the website offering a personalised interface and shopping experience. We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website. Cookies do not harm your computer. If you would like to learn more about cookies in general, you can visit websites such as www.allaboutcookies.org. Information We Obtain Through CookiesThe information we obtain through the use of our Cookies may include information about your computer, device, and browser, such as IP address, browser, operating system, device characteristics, language preferences, mobile device and referring URLs. You can visit most parts of our websites without telling us who you are or revealing any information about yourself. Our web servers identify the domain names and IP address of visitors, where applicable, but this is not captured as personally identifiable information. Why We Use Cookies on our WebsiteWe use first party and third party cookies for several reasons. Some Cookies are required for technical reasons in order for our websites to operate fully as designed, and we refer to these as "essential" or "strictly necessary" Cookies. Third parties add cookies through our websites for analytics. We do not use Cookies to collect or record information such as your name and address. We may also use Cookies to collect statistical information about how visitors use our website, so that we can improve the way our website functions. Most web browsers automatically accept Cookies. Unless you have adjusted your browser settings so that it will refuse Cookies, Cookies will be set when you access our websites. How often will you update this Cookie Statement?We may periodically update this Cookies Policy to comply with laws, rules, and regulations, to adapt to changing business conditions, and for other reasons. In the event that changes are made to the Cookies Policy, the modified Cookies Policy will be posted on our website. The date at the top of this Cookies Policy indicates when it was last updated. Contact UsIf you have questions about this Cookies Policy, please contact us at: gdpr@diverse-solutions.co.uk quoting "CDS" CASHEN DIVERSE SOLUTIONS – ALL SERVICES AND PRODUCTSINTELLECTUAL PROPERTY RIGHTS AND OTHER CONSENTS1) You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations in respect of your Web Site content or any material or product provided by or produced by Cashen Diverse Solutions containing third party material. INDEMNITY2) You agree to indemnify and keep indemnified and hold us on demand harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you and your use of our web server or any of our services, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms of business. TERMINATION OF ACCOUNTS 3) CDS may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due. 4) CDS may terminate this agreement upon written notice if you breach any of these terms and conditions and you fail to correct the breach within seven (7) days following written notice from us specifying the breach, or if you are a company you go into insolvent liquidation, or if you are a person you are declared bankrupt. 5) On termination of the agreement CDS shall be entitled immediately to block your Web Site and to remove all data located on it. We will hold such data for a period of 14 days and allow you to collect it at your expense, failing which we shall be entitled to delete all such data. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit. PAYMENT6) All charges payable by the Client/Company to Cashen Diverse Solutions shall be due and payable immediately on receipt of our invoice. Standard payment terms are currently 30 days from date of invoice issue. 7) Under the Late Payment of Commercial Debts (Interest) Act 1998, CDS reserve the right to apply penelties AND interest charges to any overdue invoice(s). 8) The provision by us of the Services is contingent upon our having received payment in full from you in respect of the relevant Services. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, forthwith and at our sole discretion, to suspend the provision of Services to you. VAT9) VAT is charged at the current UK VAT rate. All prices exclude VAT unless otherwise stated. DEPOSIT PAYMENTS10) CDS reserve the right to charge a percentage deposit payment prior to begining any agreed work. SERVICE CANCELLATION11) To cancel any service(s), a cancellation request must be submitted at least 30 days before the service(s) renewal date. LIMITATION OF LIABILITY12) CDS hereby exclude all conditions, terms, representations (other than fraudulent representations) and warranties relating to the Services supplied under this agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose. 13) Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising. 14) In no event shall CDS be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever. CASHEN DIVERSE SOLUTIONS - WEB HOSTING, EMAIL SERVICES AND RELATED SERVICES1) Cashen Diverse Solutions specifically excludes any warranty as to the accuracy or quality of information received by any person via the Server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the Server. 2) You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Cashen Diverse Solutions or submitted to Cashen Diverse Solutions including without limitation information in the Cashen Diverse Solutions website or any related service site provided by Cashen Diverse Solutions and in all other parts of Cashen Diverse Solutions Services. 3) You warrant to us that you will only use your assigned Web Site for lawful purposes. In particular, you further warrant and undertake to us that: a) you will not, nor will you authorise or permit any other party to use the Server in violation of any law or regulation, b) you will not knowingly or recklessly post, link to, submit links to or transmit: i) any material that is unlawful, threatening, abusive, harmful, malicious, libellous, defamatory, obscene, pornographic, profane or otherwise objectionable in any way, or ii) any material containing a virus or other hostile computer program, iii) any material that shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person, firm or company under the laws of any jurisdiction. 4) CDS will take all reasonable steps to ensure accurate and prompt routing of email messages but CDS will not accept any liability for non-receipt or misrouting or any other failure of email or related services. 5) You warrant, undertake and agree that you will keep secure any identification, password and other confidential information relating to your account and you will notify CDS immediately of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password information. 6) Whilst every attempt is made to ensure a secure environment CDS does not guarantee that the Server will be free from unauthorised users or hackers. 7) CDS reserves the right to restrict client FTP access. SERVICE AVAILABILITY8) We shall use reasonable endeavour’s to provide continuing availability of the Server and the Services but we shall not, in any event, be liable for Service interruptions or down time of the Server. SOFTWARE AND WEB BASED SERVICES9) CDS shall use reasonable endeavours to provide reliable and robust web based applications services but shall not, in any event be liable for but not exclusive to website or web service downtime, system errors, application or software errors. 10) None of the commercially available anti-virus programmes offers 100% virus protection. This is due in part to the number of viruses in circulation, and also to the fact that new viruses are constantly appearing for which the appropriate protection has to be developed. It is the responsibility of the user to exercise caution when using email or other services where viruses may pose a risk. 11) CDS make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the main browsers Internet Explorer and Mozilla Firefox latest releases. CDS cannot guarantee correct functionality with all browser software across different operating systems. SERVICE CONTRACT12) All domain registrations, hosting and email services are provided as a 12 month contract unless otherwise stated. CDS MODULES13) All CDS Modules remain the property and copyright of Cashen Diverse Solutions and are provided as a service on a 12 month basis unless otherwise specified. CDS Modules Include but are not limited to:
14) It is the responsibility of the user to ensure safe and sensible use of any CDS Services. Any service usage or CDS Module content added that is deemed by CDS to be unsafe or unsuitable will be removed. Continued abuse will result in service termination. SEO (Search Engine Optimisation)15) Search Engine Optimisation (SEO) is subject to the individual agreement reached with each client. 16) SEO is controlled by many factors which are outside the direct control of CDS. Therefore no reputable SEO company can guarantee particular results. A website's ranking with a particular Search Term will rely on both the relevancy of that term on your pages, and the popularity of that term on other websites. Only agreed "Keywords" or "Keyphrases" can be targeted by the SEO services provided by CDS. LAWThese terms and conditions shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English Courts. ENTIRE AGREEMENTThese terms and conditions together with any document expressly referred to in them, contain the entire agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. |
