Terms and Conditions

Published: 03/10/2010

Big River Solutions Limited TERMS AND CONDITIONS

1. Big River Solutions Limited WILL:

  1. provide high standards of Customer Support, answering calls Monday to Friday, 09:00 – 17:30 GMT;
  2. provide sufficient access servers to ensure a high standard of connectivity to the Service;
  3. ensure that original content created by or for Big River Solutions Limited and offered through the Service meets normal professional editorial and publishing standards;
  4. handle any personal information you might supply to us when you use our service in accordance with the Big River Solutions Limited Privacy Policy (for details see the Supportant section of the Big River Solutions Limited web site). In particular, if you provide personal information to Big River Solutions Limited, such as address, email address, telephone and fax numbers, as well as demographic and customer identification, we will not disclose (share, sell or divulge) it to external organisations unless we have informed you, been authorised by you, or are required to do so by law.

2. YOU WILL:

  1. be responsible for interoperability between your PC, modem and the public telephone service;
  2. pay on demand the Charges for the Customer Support;
  3. provide Big River Solutions Limited with your caller line identity when requested by Big River Solutions Limited;
  4. not:
    1. i.        commit or encourage a criminal offence;
    2. ii.        send or receive any material which is offensive, abusive, indecent, obscene or menacing, or in breach of confidence, copyright, privacy or any other rights;
    3. iii.        do anything which is contrary to the acceptable use policies of any connected networks and Internet standards;
    4. iv.        insert or knowingly or recklessly transmit or distribute a virus;
    5. v.        seek unauthorised entry into back office;
    6. vi.        hack into any aspect of the Service;
    7. vii.        corrupt data;
    8. viii.        circumvent, or attempt to seek to circumvent, any of the security safeguards of Big River Solutions Limited or any of its suppliers;
    9. ix.        cause recurring annoyance, inconvenience or needless anxiety to a substantial body of subscribers;
    10. x.        use any domain name or mailbox name so as to infringe upon the rights of any other person whether in statute or common law, in a corresponding trade mark or name;
    11. xi.        send any unsolicited advertising or other promotional material, commonly referred to as “spam” by email or by any other electronic means; or
    12. xii.        send email or any other type of electronic message with the intention or result of affecting the performance or functionality of any computer facilities;
  5. not hold Big River Solutions Limited or any of its third party contractors liable in relation to the accuracy, reliability, availability and performance of resources accessed through the Internet which, you acknowledge, are beyond the control and are not in any way warranted or supported by Big River Solutions Limited or its third party contractors.

3. SOFTWARE AND CONTENT

  1. Intellectual property rights in all software and content supplied to you remains the property of Big River Solutions Limited or its licensor or other content owner. You will comply with the terms of any agreement required by the owner of intellectual property rights in all software and content supplied to you as notified to you.
  2. You may store, manipulate, analyse, reformat, print and display the content supplied solely for your own personal use. In no event are you permitted to publish, re-transmit, re-distribute or otherwise re-produce any of the content supplied to you or which appears on this site in any format to anyone and you are prohibited from using any such content in connection with any business or commercial enterprise including, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise.
  3. You may use software supplied by Big River Solutions Limited on any single computer and on a second computer provided that the first and second computers are not used simultaneously and you may make one copy of such software only for archival or back-up purposes and provided that any copy contains all of the original software’s proprietary notices (including intellectual property notices).
  4. You shall not modify, translate, reverse engineer, decompile, disassemble (except to the extent that applicable laws specifically prohibit such restriction) or create derivative works based on any software supplied by Big River Solutions Limited or any documentation accompanying such software.
  5. You shall comply with the terms and conditions of use in relation to the software provided with the Service as made known to you by Big River Solutions Limited, and with any applicable export or re-export laws and regulations, including obtaining written authority from the USA Government if you intend at any time to re-export any items of USA origin to any proscribed destination.

4. NO WARRANTY

  1. Big River Solutions Limited is providing the Service and the sites included in the Service on an “as is” basis and makes no representations or warranties of any kind with respect to those sites, the content contained in them (including any text, graphics, advertisements, links or other item), the Service or any software or content supplied to you and disclaims all such representations and warranties. In addition, neither Big River Solutions Limited, its third party contractors nor any other contributor to the Service or the sites makes any representation or gives any warranty, condition, undertaking or term either express or implied as to the condition, quality, performance, accuracy, suitability, fitness for purpose, completeness, or freedom from viruses of the content or software contained on the sites or supplied in connection with the Service or that any such content or software will be accurate, up to date, uninterrupted or error free.
  2. Subject to clause 5.2, Big River Solutions Limited’s maximum aggregate liability under this agreement whether arising from negligence, breach of contract or otherwise shall be limited in respect of one incident or series of two or more related incidents to an amount equal to the cover provided to Big River Solutions Limited under its policies of insurance.

5. INDEMNITY

  1. You acknowledge that you are solely responsible for the use to which you put the Service and all information, data and results you obtain from using it and that all warranties, conditions, undertakings, representations and terms whether expressed or implied, statutory or otherwise are hereby excluded to the fullest extent permitted by law.
  2. Save in respect of liability for death or personal injury arising out of negligence, Big River Solutions Limited and all contributors to this site and the Service hereby disclaim and exclude to the fullest extent permitted by law all liability for any loss or damage whatsoever and howsoever incurred including any consequential, special, secondary or indirect loss or damage or any damage to goodwill or profits or any loss of anticipated savings incurred by you, whether arising in tort, contract or otherwise, and arising out of or in relation to or in connection with your access to or use of or inability to use this site, the Service or any software or content supplied to you in connection with the Service, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure even if Big River Solutions Limited or its employees or agents are advised of the possibility of such damages, losses or expenses.

6. VARIATION OF CONTENT

Big River Solutions Limited reserves the right in its absolute discretion at any time and without notice to remove, amend or vary any of the content supplied in connection with the Service or which appears on any page of this site.

7. SUBMISSIONS

All information and material submitted to and accepted by Big River Solutions Limited via the Service or that you publish on any public area via the Service shall be deemed and remain the property of Big River Solutions Limited. Big River Solutions Limited shall be free to use, edit, copy, republish and distribute (for any purpose) any such information and material and any ideas, concepts, know-how or techniques contained in such information or materials. Big River Solutions Limited shall not be subject to any obligations of confidence regarding such information or materials except as required by law.

8. TERMINATION

  1. Big River Solutions Limited may terminate this agreement and the Service or may suspend a part of the Service by immediate notice, if:
    1. you are in breach of any of the terms of this agreement; or
    2. you have failed to use the Service in any 60 day period. However, in the event that Big River Solutions Limited terminates this agreement in accordance with this sub-clause it will reserve your electronic mail address or equivalent for a period of six months from the date of termination to enable you to re-register in that period should you so request, although all e-mail and webspace content will be deleted.
  2. Big River Solutions Limited may otherwise terminate this agreement by giving you not less than one month’s prior written notice of termination.

9. PAYMENT

  1. Payment terms are indicated on each invoice.
    1. You must ensure cleared funds are received by Big River Solutions Limited Ltd within these terms.
  2. Should payment not be received within these terms, Big River Solutions Limited Ltd may
    1. withdraw services, including but not limited to Domain Name Service, Domain Name Registration, Web Services, Email Services.
    2. collect any goods supplied
    3. charge expenses at no more than £ 500 per day.

10. INVALIDITY

If any part of our terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

11. GOVERNING LAW

These terms and conditions shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

12. NOTICES

Notices given under this agreement shall be delivered by hand or sent by prepaid first class post or electronic mail in the case of either party. Electronic mail shall be deemed to be delivered when it is [sent/received].

13. ENTIRE AGREEMENT

These terms and conditions set out the whole of our agreement relating to our supply of the Service. They cannot be varied except in writing by a director of Big River Solutions Limited. In particular nothing said by any sales person on behalf of Big River Solutions Limited should be understood as a variation of these terms and conditions or an authorised representation about the Service or the nature and quality of items displayed thereon. Big River Solutions Limited shall have no liability for any such representation being untrue or misleading.

14. DEPOSITS

Any bespoke or contract work shall require a minimum of 25% deposit upon order, refundable in full within the first seven days (‘COOL-OFF PERIOD’) should the customer wish to change his/her mind subject to delivery of work. After this ‘COOL-OFF PERIOD’ the deposit is fully non refundable.

15. TITLE

Any goods or software provided by Big River Solutions Limited remain the property of Big River Solutions Limited until all invoices covering the agreed project are paid in full.