Terms
Effective Business Group
Terms & Conditions
(4th May 2011)
(1) Effective Business Group, is the Trading name of Net Activate.com Ltd., a company registered in England and Wales, whose Registered Office is at 121 Albert Street, Fleet, Hampshire, GU51 4PT, Registered in England no. 3990957, (EBG)
1. Scope.
a. EBG provides network and marketing services to Members, Corporate Partners and Personal Business Advisors, (Clients), through the Effective BusinessBook website and other websites owned and operated by EBG. EBG also provides web development and hosting services.
b. EBG provides these services under these terms & conditions and through additional, specific terms defined in an Agreement specific to the Client relationship.
c. The Agreement is a binding, legal contract with an initial operating period of twelve months.
2. Obligations
a. During the period of the Agreement EBG shall make the services available to Client as follows:-
· Internet based services, 24 hours per day, 7 days per week including all public holidays subject to the availability of required technology based services to EBG from its suppliers.
· Services through telephone contact, between the hours of 09:00 and 17:00 on Monday to Friday inclusive, apart from all public holidays.
b. EBG has implemented, maintain and update procedures and/or programs designed to prevent or protect against the unauthorised use or modification of or access to Client’s web site and/or Client’s computer or computer network.
c. EBG regularly makes back-up copies of all Client’s data, files or programmes in respect of Client’s web site.
d. EBG undertakes to perform its obligations with all reasonable care and in a responsive manner.
3. Liability
The limit of EBG’s obligation to Client is to use all reasonable skill and judgement in providing services to Client. Under no circumstances will EBG be held liable to Client for:
a. any increased costs or expenses,
b. any loss of profit, business, contracts, or revenue,
c. any special, indirect or consequential loss or damage of any nature whatsoever,
d. any work undertaken for Client by a EBG Accredited Business Advisor. EBG evaluates and accredits Business Advisors using all reasonable methods and makes all introductions in good faith but can have no control over the quality, cost or results of work undertaken by an Advisor and consequently can not be held liable for any aspect of the work or its results.
3.1 Where EBG designs, hosts, operates or maintains Client web sites or intranets, Client retains all intellectual property rights on a worldwide basis in respect of the content of such web sites or intranets. Client indemnifies EBG against any liability EBG may incur in respect of any breach of such rights.
3.2 Client is responsible for the content for any web site or intranet designed, hosted, operated or maintained by EBG other than in respect of EBG’s own negligent acts or omissions, AND Client therefore indemnifies EBG for any such liability incurred. Client will ensure that there is no illegal, abusive or offensive content on their web sites or intranets or anything contained therein which promotes or incites illegal activities in any jurisdiction.
3.3 Where Client uses EBG supplied blogs, chat rooms, bulletin boards, user nets or electronic open forum debates, Client will refrain from the use of any illegal, abusive or offensive content or statements.
3.4 In the event that Client breaches any of the above terms or protocols stated in 3.1, 3.2 and 3.3 above EBG will immediately remove all offending material and retains the right to terminate the services provided to Client forthwith. EBG may also seek consequential damages and/or costs from Client.
3.5 Force Majeure. EBG shall not be liable in damages for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections or damage or destruction of any network facilities or servers and/or any other cause beyond its reasonable control.
4. Confidential, unpublished information
EBG agrees to treat as secret and confidential and not at any time, for any reason disclose or permit to be disclosed to any person or otherwise make use of or permit to be made use of any information relating to Client’s technology, technical processes, business affairs or finances or any such information relating to a subsidiary or customer of the Client where knowledge or details of the information was received by EBG through the delivery of EBG services.
EBG undertakes to hold all unpublished information about Client in the strictest confidence and will not divulge said information to any other person or organisation without the specific authorisation of Client.
5. Miscellaneous
a. No variation to these terms and conditions will be of any effect unless it is agreed in writing and signed by or on behalf of both EBG and Client.
b. These terms and conditions shall not be deemed to constitute a partnership or joint venture between the parties.
c. The validity, construction and performance of these terms and conditions shall be governed by English law.
d. All disputes, claims or proceedings between the parties relating to the validity, construction, performance or termination of these terms and conditions shall be subject to the jurisdiction of the High Court of Justice in England and Wales.