Hexydec CMS > Hexydec CMS > Terms of Service

Terms of Service

Last updated 18/04/2014

1. This Service

The Hexydec CMS (Service) is provided by Hexydec Ltd (us, we) to you. Your use of this Service and any additional services introduced by us and contained within constitutes acceptance by you of these Terms of Service.

2. Eligibility

You must be a minimum age of 18 to register on and use the Service. By registering and using the Service you warrant that you are 18 or older and understand your obligations under these Terms of Service.

3. Registration and Account Integrity

As part of the registration process you will need to create an account, including a username and password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username and password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.
Where we provide an organisation with a number of user licenses for the Service these must be adhered to. User licenses cannot be shared between users. A breach of this clause will result in termination of the abused accounts and/or all accounts provided to the organisation.
If for any reason you suspect that your username and password has been disclosed to or obtained by another party you should contact us immediately. Please note that wenever contact users requesting them to confirm their username and password or other details.

4. Pricing, Plans and Features

For current pricing and plans please see the pricing page located on our website.
We reserve the right to change pricing, plans and the features offered at any time and without notice to you.

5. Payment and Credit Control

All services are billed monthly or yearly in advance.
Your payment for your next subscription period will be due at the end of the last subscription period onwards.
Payment will be taken automatically at the end of each subscription period until your subscription is cancelled.
A valid debit or credit card must be provided at all times in order for your subscription to remain active.
Where a credit or debit card payment request is made by us and is declined by your card company or bank (for whatever reason) access to your account or accounts may be suspended immediately until such time as a valid payment has been processed and a valid credit or debit card is associated with your account or accounts.
We may vary the cost of your subscription on and from the start of any subscription period by giving to the you not less than 30 days' written notice of the variation.

6. Cancellation of your Subscription

You many cancel your subscription at any time. Upon cancelling your subscription, it will continue until the end of your current subscription period, and will then not be renewed.
Cancellation of your subscription should be done using the facility provided within the Service.
Cancellation by any other means, including (but not limited to) email, telephone call, fax, text or instant message is not valid.
Upon cancellation of your subscription, at the end of the current subscription period and onward, your account will remain active and all your resource settings will remain intact, but you will not be able to configure any new resources, edit existing resources, or access your data. You will be allow to delete resources.

7. Upgrading or Downgrading Your Subscription

You will have the ability to upgrade or downgrade your subscription at any time.
You will only be able to downgrade your subscription to packages that do not exceed your current resource usage. Should you wish to downgrade, but your resource usage exceeds the resources of the package you wish to downgrade to, you should free up the relevant resources first.
If you downgrade your account during your current subscription period, at the start of the next subscription period, you will be credited the remaining value of your current subscription (calculated daily), minus the new subscription price (which will also be calculated daily from the date of the downgrade until the end of your current subscription period). At the end of the next subscription period and each period thereafter, you will be charged the new subscription price.
If you upgrade your account during your current subscription period, you will be immediately charged the new subscription price (calculated daily from the date of the upgrade until the end of your current subscription period), minus the remaining value of your current subscription (which will also be calculated daily). At the end of this subscription period and each period thereafter, you will be charged the new subscription price.

8. Trial and Offer Periods

Trial or offer periods are offered at our sole discretion and are subject to withdrawal at any time and without notice.
Only one person may use a single free or trial account, the account cannot be shared amongst multiple individuals.
These Terms and Conditions apply to all trial or offer period accounts.

9. Technical Support

Technical support is provided via email and such other means as we decide in order to provide a proper service to users.
Technical support requests will be responded to within 1 business day (Any weekday other than bank or public holiday in England). Our business hours are between 09:00 and 17:30 GMT.
We are under no obligation to provide technical support in respect of any fault or error caused by improper use of the Service, use of the Service otherwise than in accordance with the documentation, due to a malfunction or misconfiguration of any server connected to the Service, or as a result of your misuse of the Service.
For the purposes of technical support, you grant us access to any external resources that you have configured with the Service, and give your permission for any data contained within those external resources to be modified by us if required.
We will not provide technical support for any functions the requesting user does not have permission to access.
We will not provide technical support directly to users who the Service has been resold to, you must provide technical support to those users who have purchased the service through you.
We reserve the right not to provide a full techncial support service to free or trial account users.

10. Specific Service Rules

As a user you agree not to do any of the following:
1. Abuse, harass, threaten, stalk, defame or in anyway seek to violate the rights of another user or third party.
2. Use the Service to publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
3. Encourage illegal activity or activity that violates the rights of other Service users or third parties, whether individuals or organisations.
4. Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.
5. To pose as another user, third party or organisation employee for the purposes of obtaining user or third party information.
6. To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
7. Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and users.
8. Reframe or repurpose the Service or any content on it, remove, obscure or block any notices (and advertising as applicable) provided by us on the Service.
9. Load or provide access to content on the Service or link to other content from the Service, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law.
10. Use any robot, spider, scraper or other technical means to access the Service or any content on the Service.
You must not use our website in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service. We provide guidelines in our documentation describing the limitations of the Service, and how to prevent performance degradation
If your usage of the Service is consistently consuming a dispropotionate amount of resources or is impacting the performance and usability of the Service for other users, we reserve the right to suspend or terminate your account pending the agreement of a higher service level agreement than is currently provided to you.
If you breach these Terms of Service by sending any unsolicited bulk email, (spam) or any other bulk communications to users, your actions will cause harm to us and to the Service. Such harm is difficult to quantify and as such you agree to pay us the sum of £50 for each and every individual email or other communication sent to a user or third party.
You have the right to resell the Service to your customers, in such circustances, your customers must still agree to these Terms of Service. Any other agreements between you and your customers in respect to the Service are not covered by this agreement.
The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) any content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of these Terms of Service.

11. Content Ownership

As a user you retain all ownership rights to content provided by you.
You warrant that any content provided by you does not belong to a third party whose rights have been violated by the content being posted on to the Service. Furthermore if any content is owned by a third party you agree to pay all royalties, fines and settlements owed to that party, without seeking any contribution from us.

12. Copyrighted Material

We do not condone or encourage in any way the posting of copyrighted or proprietary content or information by any users who are not the legal owners of such content.
Where notified of such breaches by the owner of such content we will remove the content from the Service as soon as practicable. But only where we can reasonably ascertain the true owner of such content.
If as the owner of such content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.

13. Content Monitoring

Users can freely add content to the Service. We do not monitor or assume any responsibility for content posted onto or through the Service. If at any time we decide to monitor the Service on any occasion it does not mean that we assume responsibility for removing any content or the conduct of any users at the time or in the future.

14. Termination

We may terminate your user account and all content stored on the Service and materials associated with it at any time where these Terms of Service have been breached. Such termination can be with or without notice.
As a user you can choose to terminate your account at any time (subject to any payment plan entered into) and are free to remove any content you have created on termination.
Various clauses within these Terms of Service are designed to survive and continue after termination, including (but not limited to) clauses 11 and 18.

15. Access and Backups

We take all reasonable steps to ensure that the Service is available and functioning fully at all times. However, we do not accept any responsibility for "down-time" or poor performance of our servers or infrastructure, or where the Service is unavailable for any other reason, whether within or outside our direct control.
You are solely responsible for backing up any external data accessible by the Service. We strongly recommend that you regularly and completely backup all of your external content. We are not responsible for any data loss caused directly or indirectly through use of the Service.

16. Disclaimer

We are not responsible for the accuracy of any content on the Service, nor any advertisements placed on the Service.
We are not responsible for any links to third party websites from the Service and the inclusion of any link does not imply an endorsement of a third party website or service by us.

17. Limitation of Liability

We shall not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profits.
We shall not be liable in respect of any loss or corruption of any data, database and/or software and documents images and other assets.
We shall not be liable for any losses arising from an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of or problems with the internet or a part of the internet, hacker attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars).
Our liability shall not exceed the total amount paid and payable by the you to us under this agreement during the 1 (one) month period immediately preceding the event or events giving rise to the claim, up to a maximum of £2,000,000.

18. Indemnity

You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third party arising from your breach of these Terms of Service whilst using the Service or any other service provided by us.

19. Privacy

Use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms of Service by this reference.

20. Variation

We may revise these Terms of Service from time-to-time. Revised Terms of Service will apply to the use of our website from the date of the publication of the revised Terms of Service on our website. Please check this page regularly to ensure you are familiar with the current version.

21. Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms of Service without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Service.

22. Severability

The foregoing paragraphs, sub-paragraphs and clauses of these Terms of Service shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.

23. Waiver

Failure by us to enforce any accrued rights under these Terms of Service is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.

24. Jurisdiction

These Terms of Service shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.

25. Registrations and authorisations

We are registered with Companies House. You can find the online version of the register at http://wck2.companieshouse.gov.uk/. Our registration number is 6552149.

We are subject to The Electronic Commerce (EC Directive) Regulations 2002.

26. Our details

The full name of our company is Hexydec Ltd. We are registered in England & Wales under registration number 6552149.

Our registered address c/o Targeted Business Solutions (SW) Ltd, Room 203 Tamar Science Park, Davy Road, Derriford, Plymouth, Devon, England, PL6 8BX.

Hexydec CMS Terms of Service