Privacy Policy

1.Introduction
This Privacy Policy (together with our terms and conditions and any other documents referred to in it) describes the type of information that we collect from you ("you/your") through the use of our services ("Services"), or the use of our website Limio.com ("Website"), how that information may be used or disclosed by us and the safeguards we use to protect it.

Our Website and Services may contain links to third party websites that are not covered by this Privacy Policy. We therefore ask you to review the privacy statements of other websites and applications to understand their information practices.

We have drafted this Privacy Policy to be as clear and concise as possible. Please read it carefully to understand our policies regarding your information and how we will treat it. By using or accessing our Website or the Services, you agree to the collection, use and disclosure of information in accordance with this Privacy Policy. This Privacy Policy may change from time to time and your continued use of the Website or the Services is deemed to be acceptance of such changes, so please check periodically for updates.

This Privacy Policy was last updated on 19th May 2023. It includes provisions to the policy applicable regarding GDPR. Please check back regularly to keep informed of updates to this Privacy Policy. Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of our Privacy Policy is deemed to occur upon your first use of our Website. If you do not accept and agree with this Privacy Policy, you must stop using our Website immediately.

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

If you have any comments on this Privacy Policy, please email them to support@limio.com.
 
2.Who We Are
2.1 Here are the details that the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data, known as General Data Protection Regulation (GDPR) says we have to give you as a 'data controller':
- Our Website address is Limio.com
- Our company name is Innovate42 Ltd, trading as Limio.
- Our registered address is Weston Street, The Leather Market, SE1 3ER London, United Kingdom
- Our nominated representative is Amaury de Closset and they can be contacted at support@limio.com.

2.2 We respect your right to privacy and will only process personal information you in accordance with the Data Protection Legislation which for the purposes of this Privacy Policy shall mean: (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998 and other applicable privacy laws.
 
3.What we may collect
3.1 Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

3.2 We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

- Identity Data includes first name, last name, username or similar identifier. When you email, phone, live chat or otherwise, we may collect information such as your first name, last name, email address and phone number.

- Contact Data includes billing address, invoicing address, email address and telephone numbers.

- Financial Data includes bank account and payment card details.

- Transaction Data includes details about payments and other details of our Services you have purchased from us.

- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Website.

- Profile Data includes your username and password, reservations made by you, your interests, preferences, feedback and survey responses.

- Usage Data includes information about how you use our Website and Services.

- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

- Interaction Data includes any information that you might provide to any discussion forums on the Website.

- Cookies Data like many websites, we use "cookies" to enhance your experience and gather information about visitors and visits to our websites. Please refer to the "Do we use 'cookies'?" section below for information about cookies and how we use them and what kind.

- Third Parties and Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or through the Services we provide. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on our Website. We are also working closely with third parties (including, for example, business partners, suppliers, sub-contractors, advertising networks, analytics providers, and search information providers) and may receive information about you from them.

- Analytics includes third-party analytics services (such as Google Analytics) to evaluate your use of the Website, compile reports on activity, collect demographic data, analyse performance metrics, and collect and evaluate other information relating to our Website and internet usage. These third parties use cookies and other technologies to help analyse and provide us the data. By accessing and using the Website, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy.
 
3.3 We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.

3.4 We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

3.5 Under GDPR we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies:
a) You have given consent to the processing of your personal data for one or more specific purposes;
b) processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract;
c) processing is necessary for compliance with a legal obligation to which we are subject;
d) processing is necessary to protect the vital interests of you or of another natural person;
e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and/or
f) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party such as our financial payments, except where such interests are overridden by the fundamental rights and freedoms of the data subject, in particular where the data subject is a child.
 
3.6 If we receive personal information in the course of providing our Services to you from another data subject, we expect you to have complete responsibility for ensuring that the contents of this Privacy Policy are brought to their attention and you have obtained their consent in the process.

3.7 In some instances, it may be appropriate for us to combine your information with other information that we may be holding about you, such as combining your name with your geographic location or your browsing or purchasing history.
 
 
4.How we may collect and use your data
4.1 We (or third party data processors, agents and sub-contractors acting on our behalf) may collect, store and use your personal information by way of different methods to collect data from and about you including through:
Direct interactions. You may give us your information by filling in forms via our Website or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
a) present Website content;
b) use any of our Services;
c) create an account on our Website;
d) subscribe to our Services or publications;
e) request marketing to be sent to you;
f) enter a competition, promotion or survey; or
g) give us some feedback.
 
4.2 In addition to the above, we may use the information in the following ways:
a) To personalise your Website experience and to allow us to deliver the type of content and product offerings in which you are most interested.
b) To administer a contest, promotion, survey or other site feature.
c) If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the "How can you opt-out, remove or modify information you have provided to us?" section below. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and 'members-only' content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.
d) Present Website content effectively to you.
e) Provide information, and services that you request, or (with your consent) which we think may interest you.
f) Carry out our contracts with you.
g) Provide the relevant Services to you
h) Tell you our charges.
 
4.3 If you are already our customer, we will only contact you electronically about things similar to what was previously sold to you.

4.4 If you are a new customer, you will only be contacted if you agree to it.

4.5 We may keep a record of those links which are used the most to enable us to provide the most helpful information but we agree to keep such information confidential and you will not be identified from this information.

4.6 In addition, if you don't want us to use your personal data for any of the other reasons set out in this section in 5, you can let us know at any time by contacting us at support@limio.com, and we will delete your data from our systems. However, you acknowledge this will limit our ability to provide the best possible services to you.

4.7 In some cases, the collection of personal data may be a statutory or contractual requirement, and we will be limited in the services we can provide you if you don't provide your personal data in these cases.

4.8 We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
a) Where we need to perform the contract we are about to enter into or have entered into with you.
b) Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
c) Where we need to comply with a legal or regulatory obligation
 
4.9 Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to our marketing communications or sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us at support@limio.com, and we will either delete your data from our systems or move your data to our "unsubscribe list". However, you acknowledge this will limit our ability to provide the best possible services to you.

4.10 As already indicated above, with your permission and/or where permitted by law, we may also use your data for marketing purposes which may lead to us contacting you by email and/or telephone with information, news and offers on our Services. We agree that we will not do anything that we have not agreed to under this Privacy Policy, and we will not send you any unsolicited marketing or spam. We will take all reasonable steps to ensure that we fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended in 2004, 2011 and 2015.
 
 
5.Cookies
5.1 All Cookies used by and on our website are used in accordance with current English and EU Cookie Law.
5.2 We use cookies to distinguish users and improve our Website. 
 
 6.Where we store your data and security
6.1 We may transfer your collected data to storage outside the European Economic Area (EEA). It may be processed outside the EEA to fulfil your order and to receive our Services and deal with payment. If we do store or transfer data outside the EEA, we will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the EEA and under the GDPR. Such steps may include, but not be limited to, the use of legally binding contractual terms between us and any third parties we engage with and the use of the EU-approved Model Contractual Arrangements. Your acceptance of this Privacy Policy shall be your consent permitting us to store or transfer data outside the EEA if it is necessary for us to do so.

6.2 Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see the European Commission: EU-US Privacy Shield.

6.3 Data security is of great importance to us, and to protect your data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through our Website. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

6.4 We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

6.5 By giving us your personal data, you agree to this arrangement. We will do what we reasonably can to keep your data secure.

6.6 Any payments made by you, will be encrypted.

6.7 We have implemented security measures such as a firewall to protect any data and maintain a high level of security.

6.8 Notwithstanding the security measures that we take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to us data via the internet and you take the risk that any sending of that data turns out to be not secure despite our efforts.

6.9 If we give you a password upon registration on our Website, you must keep it confidential. Please don't share it.

6.10 We will keep personal data for as long as is necessary which is usually the life of our relationship and up to a period of seven years after our relationship have ended. We may however be required to retain personal data for a longer period of time to ensure we comply with our legislative and regulatory requirements. We review our data retention obligations to ensure we are not retaining data for longer than we are legally obliged to.
 
 7.Disclosing your information
We are allowed to disclose your information in the following cases:

7.1 We are allowed to disclose your information in the following cases:

7.1.1 If we want to sell our business, or our company, we can disclose it to the potential buyer.

7.1.2 We can disclose it to other businesses in our group.

7.1.3 We can disclose it if we have a legal obligation to do so, or in order to protect other people's 
property, safety or rights.

7.1.4 We can exchange information with others to protect against fraud or credit risks.
 
7.2 We may contract with third parties to supply services to you on our behalf. These may include payment processing, search engine facilities, user experience improvements tools, advertising and marketing. In some cases, the third parties may require access to some or all of your data. These are the third parties that have access to your information:

Amazon Web Services (owned by Amazon.com Inc)
*        Data Centre Location: Germany, Ireland, USA
*        Type: Web app hosting and data processing
*        Purpose: Used to host parts of our web app and websites which are used to provide the Limio service. It will hold personal customer data.
*        Privacy Policy: https://aws.amazon.com/privacy/

Github Inc.
*        Location: USA
*        Type: Code hosting and product management
*        Purpose: Used to host the code for our web app and websites. This will sometimes reference certain end-users or customers to record bugs reported or features requested.
*        Privacy Policy: https://help.github.com/articles/github-privacy-statement/

Jira (Atlassian PTY Ltd)
*        Location: Australia
*        Type: Product management software. This will sometimes reference certain end-users or customers to record bugs reported or features requested.
*        Purpose: Used for our customer product roadmap
*        Privacy Policy: https://www.atlassian.com/legal/privacy-policy

Slack Technologies Inc.
*        Location: USA
*        Type: Internal communication software
*        Purpose: Used for communications at Limio
*        Privacy Policy: https://slack.com/intl/en-gb/trust/privacy/privacy-policy

Google LLC
*        Location: USA
*        Type: Internal file storage, email and videoconferencing.
*        Purpose: Used for communication with customers and internally.
*        Privacy Policy: https://policies.google.com/privacy?hl=en

Salesforce Inc.
*        Location: USA
*        Type: Internal CRM.
*        Purpose: Used for storing customer data.
*        Privacy Policy: https://www.salesforce.com/uk/company/privacy/

Sentry Inc.
*        Location: USA
*        Type: Error Analytics
*        Purpose: Used for performance and alert monitoring on the Limio platform.
*        Privacy Policy: https://sentry.io/privacy/

Zendesk Inc.
*        Location: USA
*        Type: Customer Support and Help Desk
*        Purpose: Used for customer support of Limio's customers.
*        Privacy Policy: https://www.zendesk.co.uk/company/agreements-and-terms/privacy-notice/

Zuora Inc.
*        Location: USA
*        Type: Billing
*        Purpose: Used for billing processing
*        Privacy Policy: https://www.zuora.com/privacy-statement/

7.3 Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under GDPR and the law.
 
8.Your rights
8.1 When you submit information via our Website, you may be given options to restrict our use of your data. We aim to give you strong controls on our use of your data (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided above in this Privacy Policy.

8.2 Under the GDPR, you have the right to:
- request access to, deletion of or correction of, your personal data held by us at no cost to you;
- request that your personal data be transferred to another person (data portability);
- be informed of what data processing is taking place;
- restrict processing;
- to object to processing of your personal data; and
- complain to a supervisory authority.

8.3 You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes.

8.4 To enforce any of the foregoing rights or if you have any other questions about our Website or this Privacy Policy, please contact us at support@limio.com.
 
 
9.Links to other sites
9.1 Please note that our terms and conditions and our policies will not apply to other websites that you get to via a link from our Website. We have no control over how your data is collected, stored or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.
 
 
10.Changes
10.1 If we change our Privacy Policy, we will post the changes on this page. If we decide to, we may also email you.

 
11.Terms and Conditions
11.1 Please also visit our Terms and Conditions section [Insert link] establishing the use, disclaimers, and limitations of liability governing the use of our Website.
 
12.Your Consent
12.1 By using our Website and by way of acknowledgment, you consent to our Privacy Policy.
  
13.Dispute Resolution
13.1 The Parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Privacy Policy or any breach of it.

13.2 If any such dispute cannot be settled amicably through ordinary negotiations between the parties, or either or both is or are unwilling to engage in this process, either party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.

Terms & Conditions

Last updated: March 8th, 2021

Limio.com is a site operated by Innovate42 Ltd ( the “Company"), trading as Limio. Innovate42 Limited is registered in England and Wales under company number 10653083 and have our office at Capital House, 42 Weston Street, London, England, SE1 3QD. Limio® is a registered trademark in the EU (017984181).

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.limio.com website or API (the “Service”) operated by Limio Limited (the “Company”, “us”, “we”, or “our”).

Terms of Service

These Terms and Conditions tell you (the “Customer”, “you”, ‘your”) the terms of use on which you may make use of our website http://limio.com or API (the “Service”), whether as a guest or a registered user. Use of our Service includes accessing, browsing, use of API or registering to use our Service.

Please read these Terms and Conditions carefully before you start to use our Service, as these will apply to your use of our Service.

By using our Service, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these Terms and Conditions, please do not register for or use this Service.

Other applicable terms

Your use of our Service is subject to these terms in their entirety and by using the service you agree to be bound by them.

You need to register with us to fully access the Service and provide as a minimum your full name, e-mail address, and a password.  The details provided by you on registration or changed at any later time must be correct and complete.

Our use of your personal information submitted to us via the website or otherwise is governed by our Privacy Policy. Our Privacy Policy can be found at http://www.limio.com?open=privacy-policy. Please see our Privacy Policy for more information on cookies and the data we collect.

If you wish to purchase the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that Limio Limited is not responsible for any loss or damage arising from the submission of false or inaccurate information.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

You must inform us immediately of any changes to this information by updating your personal details via the website. The company may contact you periodically to confirm that your registration details are up-to-date.

Limio Ltd may, at its sole discretion, offer the Service with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Limio Ltd until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled the Service, you will be automatically charged the applicable Service fees for the type of Service you have selected.

At any time and without notice, Limio Ltd reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

SAAS SERVICES AND SUPPORT

1.1 Subject to the terms of this Agreement, Company will use commercially reasonable efforts to provide Customer the Services. As part of the registration process, Customer will identify an administrative user name and password for Customer’s Company account.  Company reserves the right to refuse registration of, or cancel passwords it deems inappropriate.

1.2 Subject to the terms hereof, Company will provide Customer with reasonable technical support services.  

2.  RESTRICTIONS AND RESPONSIBILITIES

2.1 Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third. Company hereby grants Customer a non-exclusive, non-sublicensable license to use such Software during the Term only in connection with the Services. Licenses can be transferred between users when a user leaves the Customer or changes their responsibilities and another user in effect replaces this first user at the Customer as a part of ongoing business operations. In the event of such a breach, your right to use our Service will cease immediately.

2.2 Customer must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. Customer must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. Customer must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. Company will report any such breach to the relevant law enforcement authorities and Company will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Service will cease immediately.

2.3 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Company’s standard published policies then in effect (the “Policy”) and all applicable laws and regulations. Customer hereby agrees to indemnify and hold harmless Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from Customer’s use of Services. Although Company has no obligation to monitor Customer’s use of the Services, Company may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.

2.4 Customer understands and agrees that only person who is permitted to use a username and password is the person whom the username and password is assigned. Passwords must be kept confidential and not disclosed or shared with anyone else. If the Customer knows or suspects that someone else knows a user's username and password Customer should notify Company. If the Company believes that there is a breach of security or misuse of the service, we may require you to change your password or we may terminate your account.

2.5 Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”).  Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer account or the Equipment with or without Customer’s knowledge or consent.

3.  CONFIDENTIALITY; PROPRIETARY RIGHTS

3.1 Company shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Implementation Services or support, and (c) all intellectual property rights related to any of the foregoing.     

3.2 Notwithstanding anything to the contrary, Company shall have the right collect, analyze and learn from data and data, derivations and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data), and  Company will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Company offerings. Derived Learnings include, but are not limited to, the interpretation of acronyms and interpretation of misspellings.

3.3 No rights or licenses are granted except as expressly set forth herein.   

4.  PAYMENT OF FEES

4.1 Customer will pay Company the then applicable fees described in the Order Form for the Services and Implementation Services in accordance with the terms therein (the “Fees”).  If Customer’s use of the Services exceeds the Service Capacity set forth on the Order Form or otherwise requires the payment of additional fees (per the terms of this Agreement), Customer shall be billed for such usage and Customer agrees to pay the additional fees in the manner provided herein.  Company reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term or then current renewal term, upon thirty (30) days prior notice to Customer (which may be sent by email). If Customer believes that Company has billed Customer incorrectly, Customer must contact Company no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit.  Inquiries should be directed to Company’s customer support department.

4.2 Company may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Company fifteen (15) days after the mailing date of the invoice.  Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service. 

5.  TERM AND TERMINATION

5.1 Subject to earlier termination as provided below, this Agreement is for the Initial Service Term as specified in the Order Form, and shall be automatically renewed for additional periods of the same duration as the Initial Service Term (collectively, the “Term”), unless either party requests termination at least thirty (30) days prior to the end of the then-current term.

5.2 In addition to any other remedies it may have, either party may also terminate this Agreement upon thirty (30) days’ notice (or without notice in the case of nonpayment), if the other party materially breaches any of the terms or conditions of this Agreement.  Customer will pay in full for the Services up to and including the last day on which the Services are provided. Upon any termination, Company will make all Customer Data available to Customer for electronic retrieval for a period of thirty (30) days.  All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.

5.3 Company may terminate or suspend your account immediately, without prior notice or liability,should the Customer breach terms 2.1 or 2.2.

6.  WARRANTY AND DISCLAIMER

Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner.  Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond Company’s reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.  HOWEVER, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES.  EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

7.  LIMITATION OF LIABILITY

Nothing in these terms of use excludes or limits Company’s fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, Company excludes all conditions, warranties, representations or other terms which may apply to Company’s site or any content on it, whether express or implied.

Company, nor its directors and employees will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

•   use of, or inability to use, Company site; or

•   use of or reliance on any content displayed on Company site; or

•   any conduct or content of any third party on the Service

•   any content obtained from the Service; and 

•   unauthorized access, use or alteration of Customer’s transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Customer assume sole responsibility for the results obtained from the use of the Services and for conclusions drawn from such use. Company shall have no liability for any damage caused by errors or omissions in any information or instructions provided by Company to Customer in connection with the Service.

Please note that in particular, Company will not be liable for:

•   loss of profits, sales, business, or revenue;

•   business interruption;

•   loss of anticipated savings;

•   loss of business opportunity, goodwill or reputation; or

•   any indirect or consequential loss or damage.

If Customer suffers loss or damage as a result of Company negligence or failure to comply with these Terms, any claim by Customer against Company arising from Company negligence or failure will be limited in respect of any one incident, or series of connected incidents to the fees paid by Customer in the previous 3 months or the amount of direct loss or damage suffered by Customer, whichever is less.

If Customer is not satisfied with any of Company’s Services, Customer’s sole and exclusive remedy is to terminate these Terms in accordance with the termination section of these Terms.

 8.  MISCELLANEOUS

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.  This Agreement is not assignable, transferable or sublicensable by Customer except with Company’s prior written consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.  No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Company in any respect whatsoever. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.  This Agreement, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Customer otherwise agrees to reasonably cooperate with Company to serve as a reference account upon request.