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Terms and Conditions

Welcome to Heresmyquote.com, an online job quoting and invoicing system especially designed for sole traders and small businesses.  These Terms and Conditions are intended to explain our obligations as a service provider and Your obligations as a customer.  Please read them carefully.

These Terms are binding on any use of the Service and apply to You from your first use of Heresmyquote.com.  It is Your obligation to ensure that You have read, understood and agree to be bound by these Terms and Conditions. 

By registering to use the Service you acknowledge that You have read and understood these Terms and Conditions.  You are deemed to have agreed to these Terms and Conditions on behalf of any entity for whom you use the Service.

1.         Definitions and Interpretation

In this Agreement the following terms shall have the following meanings: 

“Account”

means collectively the personal information, Payment Information and credentials used by Users to access the online Services on the Website;

“Data”

means any data inputted by You or with Your authority into the Website;

Heresmyquote.com

means Heresmyquote.com Limited, 9 Herringston Barn, Winterborne Herringston, Dorchester, Dorset DT2 9PU;

Service”

means the online business software services made available (as may be changed or updated from time to time by Heresmyquote.com) via the Website;

“Subscriber”

means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service;

“Subscription Fee”

means the monthly or annual subscription fee (excluding any taxes and duties) payable by You in accordance with the pricing set out on the Website (which Heresmyquote.com may change from time to time);

“Premises”

Means our place of business located at 9 Herringston Barn, Winterborne Herringston, Dorchester, Dorset DT2 9PU;

“User”/“Users”

means any third party that accesses the Website and is not employed by Heresmyquote.com and acting in the course of their employment; and

“Website”

means the website that you are currently using (www.heresmyquote.com) or any other site operated by Heresmyquote.com unless expressly excluded by their own terms and conditions.

2.            Intellectual Property

2.1          All the material which comprises the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Heresmyquote.com, our affiliates or other relevant third parties.  By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

2.2          Subject to Clause 3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Heresmyquote.com.

2.3          if you submit any content to any public area of Heresmyquote.com, including blogs, message boards, and forums, you must ensure that such material is not defamatory or offensive, untrue, racially offensive or an incitement to racial hatred or otherwise in breach of an individual’s right to privacy or human rights or actionable in law in any jurisdiction.  In the event that you do submit such material to the Website, Heresmyquote.com reserves the right to remove it without reference to you and co-operate with any investigation by the authorities or court order relating to it, any and all consequences that may directly or indirectly arise will be entirely your responsibility and not the responsibility of Heresmyquote.com.  You agree to indemnify and hold Heresmyquote.com harmless from any action or consequences that may arise in such circumstances, including any claims by third parties.

2.4          By submitting content to any public area of Heresmyquote.com, including blogs, message boards, and forums, You grant Heresmyquote.com a royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content.  You also permit any subscriber to access, display, view, store and reproduce such content for personal use.

2.5          By submitting content, You warrant that You are entitle to and have all necessary Intellectual Property Rights over that content.

3.            Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

4.            Links to Other Websites

This Website may contain links to other sites.  Unless expressly stated, these sites are not under the control of Heresmyquote.com or that of our affiliates.  We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

5.            Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.heresmyquote.com without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of Heresmyquote.com.  To find out more please contact us by email at enquiries@heresmyquote.com.

6.            Data

6.1          Title to, and all Intellectual Property rights in, the Data remain Your property.  However, Your access to the Data is contingent on full payment of the Subscription Fees when due.  You grant Heresmyquote.com a licence to use, copy, transmit, store and backup Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.

6.2          You must maintain copies of all Data inputted into the Service.  Heresmyquote.com adheres to its best practice policies and procedures to prevent data loss, including a daily system data backup regime, but does not make any guarantees that there will be no loss of Data.  Heresmyquote.com expressly excludes liability for any loss of Data no matter how caused.

7.            Data Protection

Heresmyquote.com may place information concerning You on a database of internal use only.  Heresmyquote.com will never disclose your details to any third party unless required to by law or specifically instructed to the contrary by the User.

8.            Account

8.1          Heresmyquote.com may offer a free trial which will allow You to assess if the Website is satisfactory for Your purpose.

8.2          In order to subscribe to the Services on this Website you are required to create an Account which will contain certain personal details which may vary based upon your use of the Website as we may not require payment information until you wish to subscribe to the Service.  By continuing to use this Website you represent and warrant that:

8.1.1      all information you submit is accurate and truthful;

8.1.2      you have permission to submit payment information where permission may be required; and

8.1.3      you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

8.3          It is recommended that you do not share your Account details, particularly your username and password.  Heresmyquote.com accepts no liability for any losses or damages incurred as a result of your Account details being shared by you.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

8.4          If you have reason to believe that your Account details have been obtained by another without consent, you should notify Heresmyquote.com immediately of any unauthorised use of your Account and Heresmyquote.com will reset your password or suspend your Account pending investigation as appropriate.

8.5          When choosing your username you are required to adhere to the terms set out above in Clause 2.3.  Any failure to do so could result in the suspension and/or deletion of your Account.

9.         Subscriptions

9.1          Subscription Fees automatically recur either monthly or annually depending on your subscription package.  Subscription Fees begin on Your first payment date and are payable in advance of each subscription period.  Different Subscription Fees may include access to different Services.

9.2          Your subscription is activated by providing the payment information required on the subscription page.  You will pay Heresmyquote.com the charge for the Subscription Fees by credit/debit card at the time of the order.

9.3          No refund will be given for the cancellation or termination of a subscription.

9.4          A subscription can be cancelled at any time by terminating Your Service.  When a subscription is cancelled no further payment will be taken by Heresmyquote.com.

9.5          If a subscription is cancelled for any reason and Subscription Fees prior to the cancellation date remain unpaid, You will be liable to pay all outstanding Subscription Fees to Heresmyquote.com.

9.6          You must cancel Your Service.  Heresmyquote.com will not accept instructions to do so.  This is to ensure against fraudulent requests to terminate the Service.

9.7          Pricing of Services is advertised on the pricing and subscription pages of the Website.

10.          Termination

10.1       Either Heresmyquote.com or you may terminate your Account.  If Heresmyquote.com terminates your Account, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

10.2       If Heresmyquote.com terminates your Account, your Subscription will be suspended or terminated with immediate effect.

11.          Services, Pricing and Availability

11.1    Whilst every effort has been made to ensure that all descriptions of Services available from Heresmyquote.com correspond to the actual Services, Heresmyquote.com is not responsible for any variations from these descriptions.  This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether. 

11.2    Where appropriate, you may be required to select the required level of Services.

11.3    Heresmyquote.com does not represent or warrant that such Services will be available.  Availability indications are provided on the Website.

11.4    All pricing information on the Website is correct at the time of going online.  Heresmyquote.com reserves the right to change prices and alter or remove any special offers from time to time and as necessary. 

11.5    All prices on the Website include VAT.  Heresmyquote.com’s VAT number is 222993986.

12.          Privacy

12.1    Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference.  To view the Privacy Policy, please click on the link above.

12.2    The Website places the following cookies onto your computer or device.  These cookies are used for the purposes described herein.  Full details of the cookies used by the Website and your legal rights with respect to them are included in our Privacy Policy.  By accepting these terms and conditions, you are giving consent to Heresmyquote.com to place cookies on your computer or device.  Please read the information contained in the Privacy Policy prior to acceptance.

Name of Cookie

Name of Provider

Purpose

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_utmb

_utmc

_utmz

Google Analytics

These cookies are used to collect information about how visitors use our site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited.

ASP.NET_SessionId

Microsoft

This cookie is used to track important logical information for the smooth operation of the site.

 

Check out: https://ico.org.uk/global/cookies/

12.3    If you wish to opt-out of our placing cookies onto your computer or device, please adjust your internet browser’s settings to restrict cookies as detailed in you internet browser’s help menu.  You may also wish to delete cookies which have already been placed.  For instructions on how to do this, please consult your internet browser’s help menu.

13.          Disclaimers

13.1    Heresmyquote.com makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.

13.2    No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

13.3    No part of this Website is intended to constitute a contractual offer capable of acceptance.

13.4    Whilst Heresmyquote.com uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

13.5    Heresmyquote.com denies all liability for the timely operation of the Website when used within an Internet environment, where You or a third party is providing the computer equipment upon which the product is to reside or depend upon for any part of its functionality.

13.6    Heresmyquote.com accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

13.7    Where the Website is accessed from a mobile device, Heresmyquote.com makes no warranties or representations of any kind as to the availability of telecommunication services from your provider and access to the Services at any time or from any location, or any loss, damage or other security intrusion of the telecommunication services, or any disclosure or information to third parties or failure to transmit any data, communications or settings connected with the Service.

14.          Changes to the Service and these Terms and Conditions

Heresmyquote.com reserves the right to change the Website, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. 

15.          Limitation of Liability

15.1    Nothing in this agreement excludes Heresmyquote.com’s liability for fraud or for death or for personal injury caused by our negligence or for any liability which cannot be limited or excluded by applicable law.

15.2    Heresmyquote.com shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms and Conditions.

15.3    The total aggregate of liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with these Terms and Conditions shall be limited to the total Subscription Fees paid for by You during the 12 months immediately preceding the date on which the claim arose.

15.4    Heresmyquote.com shall not be liable for any delay or failure in the provision of the Service to You to the extent that such delay or failure is caused by your failure to comply with your obligations under these Terms and Conditions.  Heresmyquote.com shall not be liable for any error, inaccuracy or omission in the output of the Service based on any inaccurate or incomplete information which You have provided.

16.          No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

17.          Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

18.          Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between you and Heresmyquote.com.

19.          Communications

19.1    All notices / communications shall be given to us either by post to our Premises (see address above) or by email to Heresmyquote.com.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

19.2    Heresmyquote.com may from time to time send you information about our products and/or services.  If you do not wish to receive such information, please click on the “Unsubscribe” link in any email you receive from us.

22.          Law and Jurisdiction

These Terms and Conditions and the relationship between you and Heresmyquote.com shall be governed by and construed in accordance with the Law of England and Wales and Heresmyquote.com and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.