TERMS AND CONDITIONS FOR USE OF SPEEDA.CO.UK (TRADING AS SPEEDA)

TERMINOLOGY REFERENCE:
SPEEDA – Speeda.co.uk and www.Speeda.co.uk
SERVICE(S) – Products or services offered freely, for sale or lease on www.Speeda.co.uk
SOFTWARE – Software products offered for sale or lease on www.Speeda.co.uk
CUSTOMER(S) – User of Speeda services
FILES – Audio files, image files, video files and any files with any file extension
ACCOUNT OWNER – Person or company who is registered for Speeda services
MEMBERSHIP – Service features and price
SHOP – Speeda ecommerce software leased by customers
AUTHENTICATION - Permission to access by using the correct username and password

OVERVIEW

Speeda.co.uk trading as Speeda offers hosted ecommerce software and miscellaneous internet services. In order to acquire services offered by Speeda you must agree to the following terms and conditions. Speeda reserves the right to modify this agreement without notice and the customer is responsible for regularly checking these terms and conditions for amendments.

Any software updates that improve or change Speeda services are automatically subject to these terms and conditions. Further use of services provided by Speeda after any such change shall authorize your agreement to such change. If you do not accept or completely understand these Terms and Conditions, you must not purchase any services offered by Speeda.co.uk.

USE OF SERVICES

You or your company are responsible for complying with all relevant laws without fail. You must not take part in any illegal activities while using your account. All customers will abide by the laws of the United Kingdom, England and Wales and other countries that you communicate with. Speeda cannot and does not monitor or control traffic content to/from our service. You are responsible for keeping your activities legal, and for censoring yourself and colleagues. Customers are not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against Speeda. Should the posted material fall into this category, we reserve the right to immediately refuse or terminate any service without refund of any previous payments.

Speeda does not permit customers to upload any of the following files onto its servers:
- Pornography: Files displaying uncensored pornographic material.
- Unlawful files: Any file that disobeys government law, copyright law or any other relevant law.
- Viruses or Trojan horses: Files containing code that purposely causes destruction or data collection from customers, website visitors or Speeda severs. Account holder knowledge of such code will be deemed irrelevant.
- Any file Speeda considers harmful to it's reputation, customers, data or servers.

Customers who upload the above files to Speeda servers will have their services immediately terminated without warning and if necessary will be reported to the relevant authorities. Customers agree that damages (unauthorised data removal, loss, copying, collection or modification) caused by uploading unpermitted files through Speeda services will hold the account owner responsible for full damage and legal costs. If a customer attempts to use the service without authentication, Speeda reserves the right to temporarily block access to the service.

DELIVERY POLICY

Upon receipt of your order, the services will be performed to you in accordance with the terms applicable to the services that you purchased. The nature of the services you purchased and the date of your purchase may impact the timing of performance of the services. The services will be deemed to be successfully delivered to you upon performance of the services.

CUSTOMER A DATA PROTECTION

Customers consent Speeda to collect and store personal information required to register for services. This information includes account holder or company full name, username, password, email address, full postal address and contact telephone number. The customer understands this information must be kept up-to-date at all times and Speeda has the right to contact account holders using this information for issues related to services. Speeda reserves the right to suspend services if no response is received within 7 days from written, telephone or email contact. Customers may update account information by logging into their account on www.speeda.co.uk and using the form provided under "My Profile".

Each party shall for the duration of any Agreement governed by these Terms and Conditions comply with the following provisions of the Data Protection Act 1998:

  1. Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless at least one of the conditions in Schedule 2 is met, and in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.
  2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.
  3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.
  4. Personal data shall be accurate and, where necessary, kept up to date.
  5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
  6. Personal data shall be processed in accordance with the rights of data subjects under this Act.
  7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
  8. Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.

Speeda will not supply customer support to any customer who fails to verify their account or uses an email address that doesn't match their account information.

BANDWIDTH USAGE, FILE STORAGE AND DOMAIN NAMES

Speeda provides bandwidth and file storage to customers who receive genuine website traffic. If customer file storage (including downloadable products and images) exceeds their allowance, Speeda may investigate whether these files are necessary to the customer and consult with the account holder by offering membership upgrade.

Immediate termination or suspension of services will occur without warning if customers perform any of the following actions:

- Use of computerized bots to receive website traffic
- Receiving an astronomical surge in traffic within a short timeframe without warning
- Allowing the consistent download of files located on Speeda servers (Using Speeda as a file sharing service).

Termination or suspension of accounts is rare and only executed in the necessary circumstances. Genuine customers who do not possess the motive to abuse bandwidth and file storage have nothing to fear.

Speeda does not register domain names on behalf of customers. In order to successfully transfer a domain name customers must either register a new or use an existing domain name and then follow the instructions within their shop administration panel account under "Settings". For help contact support@speeda.co.uk or use our help section available on the www.speeda.co.uk.

PCI COMPLIANCE

It is the customers responsibility to be PCI compliant. You can be fully PCI compliant by following the PCI website on www.pcisecuritystandards.org/smb/what_to_secure.html

SERVICE BACKUP AND SECURITY

Customers files, shop settings and databases are backed up on a daily basis in three separate locations per server (both physical and internal), however Speeda is not liable for any loss of data which negatively affects the account holder, company, business or any related individual(s). If an account is terminated for any reason, Speed reserves the right to delete all related files, databases and other shop information.

Speeda servers are highly secure with numerous firewalls and various security measures, however Speeda makes no security guarantees. In the unlikely event of an unauthorised hacker, person or script breaching customer accounts, Speeda will not be held responsible for any data loss, data modification, data copying or security failure. It is the customers responsibility to delete credit card information after processing it.

HELPDESK SOFTWARE AND SUPPORT INFORMATION

Customer support is provided at no extra charge should queries meet the following criteria:

  1. General questions
  2. Technical support
  3. Add-ons such as SSL certificates

The following level of customer support may be chargeable:

  1. Customised template design or artwork
  2. Changes to the base script
  3. New features
  4. Custom projects

If required the customer will be notified if the level of support is chargeable and offered a price for the work.

PAYMENT, CANCELLATIONS AND REFUNDS

Service prices may change without notice, however pricing for existing customers is guaranteed for 365 days, starting from the date of purchase. All prices displayed on www.Speeda.co.uk are inclusive of tax.

Late payment of services will result in account suspension until the outstanding balance is paid. Should late payment exceed 2 weeks the account will be terminated and files, databases and information deleted.

Customers are responsible for full payment of their account from the time established to the received date of cancellation request. Unless explicitly stated otherwise, Speeda ecommerce software has no minimum contract and may be cancelled at anytime by emailing support@speeda.co.uk or writing to:

SPEEDA ACCOUNTS DEPT.
OFFICE 1, MARBRIDGE HOUSE
HAROLDS ROAD
HARLOW
ESSEX
CM19 5BJ

Customers lease Speeda ecommerce software monthly, quarterly or yearly in advance and refunds are only given if a service disturbance was caused by Speeda. Refunds are not given in trivial circumstances such as misunderstanding of product capability, change of mind, sudden realization or misinterpretation. A fully functional demo of Speeda ecommerce software is available on www.speeda.co.uk where visitors may trial the product. Improvements to Speeda ecommerce software are never guaranteed, any dates given for improvements are estimations and may change without notice.

Granted refunds will be processed by the same method of payment used to establish the service and confirmation will be sent to the account holders email address on file.

HOLD HARMLESS AGGREEMENT

Customers will insure and hold Speeda harmless (including company directors, staff, partners, shareholders and payment providers) of any and all claims, costs, expenses or liability resulting from any damage to customers business, service, equipment, network, operations, or reputation resulting from actions completed by Speeda. 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.

INDEMNIFICATION

Customer agrees that it shall defend, indemnify, save and hold Speeda harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Speeda, its partners, its customers, directors 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 Speeda against liabilities arising out of:

  1. any injury to person or property caused by any products sold or otherwise distributed in connection with Speeda 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 Speeda server.

FORCE MAJEURE

Neither party shall be deemed in default of this Agreement 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

Speeda disclaims any warrantor merchantability or fitness for a particular purpose. Speeda will not be responsible for any damages your business may suffer, Speeda makes no warranties of any kind, expressed or implied for services provided. That includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Speeda and its employees.

Speeda reserves the right to amend the above terms and conditions at any time without notice.

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