TERMS OF SERVICE
These Terms and conditions are important. They serve to govern the relationship between you (herein after “you”, “The User”, or “The Client”) and AERONAUTES LIMITED of 6 Sophia House, 40 Oakchurch Avenue, Christchurch, Hampshire, United Kingdom BH23 2QE (herein after The “Company”, “we”, or “our”) together collectively called “The Parties” with respect to elements such as using our services, paying, refunds, and how we manage our website.
The Parties, in good faith, wish to enter into a contractual relationship. Aeronautes, Limited is a business involved SaaS technology that enables companies to collect and analyze feedback from their respective customers and clients by using an online email facility twinned with various online rating platforms. This software offering is known as Review Miner and is provided trough the website known as “reviewminer.co” (herein after “the Service”) The Client wishes to utilize this service. These terms are designed to govern that relationship.
1.1 Prior Agreements
This agreement will replace any and all other agreements or arrangements between the parties whether written or oral.
2.1 The Company
Aeronautes Limited, its subsidiaries, and any affinities provide SaaS services to its Clients aligned with online reputation and market research. For your the User’s reference Aeronautes Limited also operates under a trading style known as visibledigital.co.uk. From time to time visibledigital.co.uk may reference, refer, or guide Users from that website to the Service. For the avoidance of doubt at all times the service is provided through reviewminer.co.
2.2 The Service is exclusive to the Company’s Clients only and those members that subscribe to the online service will be entitled to use the services and take advantage of the information provided as a result of using the software aligned with their subscription level.
3.1 Overview and Acceptance
These Terms and Conditions establish information and rules relating to the following:
- Set up and managing your online account;
- Paying for services;
- Organizing a refund;
- Terminating this agreement;
- Limitation of Our liability;
- Communicating with us.
3.2 By setting up an online account and entering your company or personal details into the online system, you agree to be bound by these Terms and Conditions. Furthermore if you engage with any part of our website you also agree to be bound by these Terms and Conditions. Doing so constitutes an acknowledgment that you are able to electronically receive, download, and print our Agreement contained on our website which contains all payment and penalty instructions.
The Company website is regularly identified as www.reviewminer.co (hereinafter “Website”)
4.2 Our Website and all information contained within it is the sole property of The Company. Any information contained within, broadcast on, or featured upon is used solely for non-persuasive informational purposes only.
4.3 Nothing contained on the Website or any social media is the personal views of the Company or any of its directors, shareholders, employees, or agents.
4.4 The Company reserves the right to amend our Website from time to time with or without notice. For the avoidance of doubt this includes down time for necessary or emergency repairs. Where possible, we will give at least 24 hours (TWENTY FOUR) notice of any down time where the website or any of its features will be unavailable to you the Client.
4.5 In accepting these Terms and Conditions you signify that you understand and accept that the website may require time of non-operation due to necessary amendments, changes, or improvements to the website or any of its services contained within it.
4.6 Further to the liability section contained within this agreement you expressly warrant and agree that the Company holds no liability for any losses associated with downtime of the company website or any of its services conducted through the website associated with your subscription associated with this membership.
4.7 For the avoidance of doubt “down time” means any time that the website or any of its features are not available for use by the User. This also includes time that the website is unavailable due to work being undertaken by the Company or any party or agent acting on behalf of the company included by not limited to software development teams, internet service providers, server maintenance staff or companies.
4.8 From time to time there maybe website or software downtime as a result of actions or activities that are outside of the control of the Company. The User hereby acknowledges that they understand and accept that this is an economical reality of online service and software providers and pursuant to the limitation of liability section holds the Company, its members, directors, shareholders, employees, and agents harmless for any losses associated with downtime that is out of the control of the Company or any of its team members.
4.9 The Company reserves the right to change the company website URL (Address) at any time for any reason. This includes any redirect, mirror, or location change associated with the hosting of the website. If the website is hosted outside of the EU any and all information contained within it shall be stored associated with the governing laws of that jurisdiction. All Users will be informed in advance of any location or address change of the website.
4.10 The User agrees not to redirect any third party website, URL, or search engine to the Website without the prior written consent of the company. This includes but is not limited to any affiliation, white label, or associate program that a third party may engage in.
4.11 For the avoidance of doubt the website and all company data is hosted, stored and maintained within the European Union.
4.12 This website and its owners take a proactive approach to user privacy and ensure the necessary steps are taken to protect the privacy of its users throughout their visiting experience. This website complies to all UK national laws and requirements for user privacy.
5 Subscriptions and User Account
5.1 In order to use the Software provided by the Company, the User must purchase a Subscription through the company Website.
5.2 In order to purchase a Subscription or access other features of the Website and the Software, you will have to create a user account.
5.3 Each user account is for the sole use of the User who created the account. Sharing of accounts is not permitted under any circumstances. When creating your account, you must provide accurate and complete information.
5.4 If a User makes an account using false or inaccurate information the Company reserves the right to terminate or suspend the account without notice.
5.5 Each user account is limited to one company per user. If the User operates or represents more than one company a separate account must be created for each company they operate or represent. The Sharing of accounts is not acceptable by more than one User or Company (On the assumption that User can have more than one company or hold such an agency relationship which entitles them to represent more than one Company)
5.6 You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
5.7 You must notify us immediately of any breach of security or unauthorized use of your account.
5.8 You must keep your password and login details secure. Only one member may use one account to book classes on each account. Each member is required to have their own account. Any member that shares their account information can be subject to a ban and face having their membership canceled without notice.
5.9 You must monitor your account for any suspicious activity. If you suspect any unusual activity on your account you must notify us immediately.
5.10 LIMITATION OF LIABILITY: The Company will not be liable for any losses or damages incurred by you, your company, or any associated third party that are caused by any unauthorized use of your account.
5.11 Agencies are reminded that each Company they represent is to hold its own individual account. A User may enter their personal information (on behalf of the agency) for more than one account, however each company is required to have its own individual account. If you are an agency operating on behalf of several companies please contact the sales term in order to ensure that the accounts are not blogged due to being flagged for abusive behavior. From time to time Agencies may be required to produce a copy of a valid executed contract between them and their client in order to prevent abuse.
5.12 Subscription features are accurate as of the date of purchase by the User. The Company reserves the right to amend Subscription level features or entitlements by providing 30 days written notice to the User. This includes both increasing or decreasing the facilities, options, or services available to the User through the Software.
5.13 The User hereby indicates that they understand that some of the elements of the Software associated with their Subscription maybe provided by third parties including but not limited to third party websites, services, companies, or users. Such services are out of the control of the Company and any loss of facilities for these third parties inability to provide such services either intermittently or on an ongoing basis is not the fault of the Company. This includes situations such as third parties being unable to perform their services due to Bankruptcy, litigation, court order, or dissolution or termination of that third party.
5.14 In the event that such a third party service is terminated or suspended the Company will take all steps to ensure that all facilities available under the Subscription are returned as soon as possible. This includes identifying a new third party to provide such services. The User hereby warrants and agrees that they will hold the company harmless for any loss of services, features, or facilities associated with their subscription level due to third parties unable to provide services.
5.15 In the event that a third party is unable to provide their services thereby effecting the Users subscription package features, the Company reserves the right to issue a refund or credit to the User for any inconvenience.
5.16 A User will be entitled to use a free trial of the system for 30 days by providing valid credit, debit, or other payment details. At the end of the 30 day free trial the payment method provided will be charged on an monthly basis for the subscription level selected by the User.
5.17 If the User does not wish to retain the Subscription and access to the software after the 30 day trial period they must cancel their subscription within the 30 days and no later than 10 day before the next payment is due. Any requests made after that time may still have their payment method charged
6. Payment Policy
6.1 In order to use the Company Software every User will have to join a subscription. Subscriptions are paid for in advance of the month and the price as advertised on the company Website at the time of purchase will be the price that is paid.
6.2 Each publicized price shall be deemed inclusive of all taxes and fees.
6.3 The published price at the time of purchase shall be the price that the User pays for their subscription. From time to time the Company reserves the right to change or amend subscription prices, features, or facilities available to the User by providing 30 days written notice. Such notice can and will be provided by email.
6.4 If the User terminates their Subscription agreement and wishes to reactivate their Subscription. Any price changes will be applicable to the new agreement.
6.5 Payment will be collected by the Company through an allocated third party provider for the purposes of collecting payments on behalf of the Company. This service is often referred to as an e-commerce provider.
6.6 The provider will collect payment on behalf of the Company. Any and all payments made to them are to be done so in accordance with their terms and conditions. Nothing in these terms is designed to interfere with or alter their terms and conditions.
6.7 Users will pay using one of the prescribed and accepted methods open to them through the provider. The User shall use only a payment method that belongs to them.
7 Refund Policy and procedure
7.1 A User can obtain a refund in the event that they wish to either cancel services or their card was incorrectly charged as a result of non cancellation.
7.2 Payments can be refunded by the User by making a written request to the Company at the following email address email@example.com. All our contact information is contained on our website under the Contact Us Section.
7.3 Payments that are made through our third party provider will be refunded by the same payment method the original payment was made with.
7.4 The Company may require, from time to time, additional identification documentation for Users who make a refund request to prove verification of ownership of payment method. In the event that identification is required the Company will require two forms of identification from the following: Drivers License or Passport and Utility Bill or Bank Statement. Individuals who cannot or do not produce these documents will not receive a refund.
7.5 In order to process a refund the User will have to provide details of the invoice or other payment identification reference number in order to validate the original charge. Without valid proof of original charge being made a refund will not be issued.
7.6 Refunds will be issued within 60 days of written acceptance of refund request by the Company. This does not include any transaction processing time by our third party payment provider or your banking facility.
7.7 The User hereby warrants and agrees that refunds will only be issued in the event that the Company has made a wrongful or incorrect charge. Refunds may not be requested on the grounds that the User forgot or omitted to cancel their subscription within a prescribed time frame. Attention is once again drawn to the Users obligation to cancel the subscription if they do not wish to continue after the trial period.
7.8 Refunds will not be issued on the grounds that the user is unhappy with the service. Users are encouraged to use the service within the free trial period. Any User that is unhappy or wishes to complain about the service should first contact the company regarding any complaints before requesting a refund.
7.9 The Company may, from time to time, issue a refund at their sole discretion for performance or service related issues in accordance with the terms contained herein.
7.10 If a User terminates their subscription during the month, no rebate, refund, or credit will be issued against the remaining time or unused credit. Upon termination the user forfeits any remaining credit or amount spent on the remaining time of the month. For the avoidance of doubt the best day to cancel subscription is 4 days before the final day of the month.
7.11 Nothing within these terms is designed to impact your rights as a consumer.
7.12 NOTICE: THE EUROPEAN DISTANCE SELLING REGULATIONS DO NOT APPLY TO THE SALE OF SERVICES PROVIDED OVER THE INTERNET.
8.1 In accordance with the rebate policy, if a User terminates their subscription during the course of the month, no credit, rebate, or refund will fall due as to any unused or unspent credit or funds for the remainder of the duration of the month the User cancels their subscription. This includes the monthly subscription fee.
8.2 Canceling a subscription means that monthly billing will stop and the User will not be billed for the next months cycle. NOTE: USERS WHO CANCEL THEIR SUBSCRIPTION WITHIN 1 DAY OF THE END OF THE MONTH MAY STILL BE CHARGED FOR THE NEXT MONTH. In this event the User will still be charged for the following month with no refund due. The User hereby warrants and accepts that this is acceptable to them.
8.2 If a User canceled their agreement during the course of the month and wishes to reactivate their subscription, any amended rate will apply as shown on the Website. Users will not receive a refund because they have terminated their account. Refunds are only issued in accordance with the Refund Policy above.
8.3 Any User wishing to terminate their agreement should email firstname.lastname@example.org
9 Failure to Pay
9.1 If you fail to pay any charges or fees when due, services and privileges may be suspended or terminated indefinitely and you can be asked not to use the services of The Company in future. You are responsible and are expressly liable for fees, including but not limited to legal fees and collection costs that the Company will incur in our efforts to collect any unpaid balances from you.
9.2 The Company reserves the right to terminate any service associated with a User for any outstanding payment.
9.3 By this Agreement each party hereto releases the other party hereto from all claims, demands, damages, rights, liabilities, and causes of action of any nature whatsoever, whether at law or equity, known or unknown, suspected or unsuspected, which are related or in any manner incidental to the Lease and which first arise out of transactions and occurrences from and after the Termination Date. Each party waives and relinquishes any right or benefit which it has or may have under applicable law regarding waiver of unknown claims to the full extent that it may lawfully waive such rights and benefits. In connection with such waiver and relinquishment, each party acknowledges that it is aware that it or its lawyers or accountants may hereafter discover facts in addition to or different from those which it now knows or believes to exist with respect to the subject matter of this Agreement or the other party hereto but that is such parties intention hereby fully, finally, and forever to settle and release all of the claims, disputes, and differences, known or unknown, suspected or unsuspected, which now exist or may exist hereafter between each party.
9.4 Nothing contained in this section will remove the companies right to recover unpaid sums due for their performance under this contract and any costs associated with the recovery of that sum contained in section 6 herein.
9.5 The User hereby warrants and agrees to hold the Company harmless for any losses or damages sustained as a result of using our Software, website, or any of our services. The Company accepts no liability for losses or damages arising out of or from any act or omission of its employees, agents, directors, shareholders, or agents.
9.6 The Company furthermore does not accept any liability for any damages caused to the User or any third party for any act or omission of any third party provider engaged with the Company in order to provide services to the User. This includes any company outside of the United Kingdom and/or European Union that may be involved in the development, maintenance, assistance, or advancement of the Software or services.
9.7 Nothing in this section is designed to restrict the company’s liability for death.
10 Responsible or Reprehensible behavior
10.1 The Software allows the users to automate, distribute, and send emails to numerous individuals. Such emails can be unsolicited or considered harassment if done so without the prior notice of the receiver.
10.2 Due to the volume of communications Users are entitled to distribute (associated with their subscription level) the company will, when necessary, monitor and control all communications sent by Users through their account.
10.3 At no time is the User to engage in the practice of harassment, spamming, or sending of unsolicited emails to third parties or end user via our Software. This includes the production of emails that mimic originating from our Software including but not limited to the forwarding of emails created by using our Software.
10.4 At no time is the User to engage in the practice of using our Software systems to distribute or send emails or communications that amount to or contain illicit, sexual, illegal, morbid, or unconscionable content.
10.5 For the avoidance of doubt this includes the mentioning, naming, or identifying of any such individual or company that provides or encourage of these activities.
10.6 At no time is our services, Website, or Software to be used in the furtherance of Money Laundering, Terrorism or its Promotion, Civil Unrest, Death, or the Encouragement of any crime by a third party or unknown persons.
10.7 In the event that a User or their account is identified as engaging in such practice their account will be suspended and their subscription terminated immediately without any refund, credit, or rebate due for any remaining time left on such a subscription.
10.8 The Company will, at all times, assist law enforcement personnel with any actual or anticipated investigation regarding any of the aforementioned scenarios including but not limited to handing over information concerning accounts of Users associated or suspected of being associated with any such behavior.
10.9 At no time is our Software to be used in order to SPAM or constantly email third parties amounting to abuse. Any User, Agency, or Company that engages in such activity will have their account suspended and face the possibility of having their account terminated without refund or credit for any amount remaining on a purchased subscription.
11 IP and Intellectual Property
11.1 Company shall own all rights, titles and interest (including patent rights, copyrights, trade secret rights, mask work rights, trademark rights, sui generis database rights and all other rights of any sort throughout the world) relating to any and all inventions (whether or not patentable), works of authorship, mask works, designations, designs, know-how, ideas and information made or conceived or reduced to practice, in whole or in part, by User in connection with Services or any Proprietary Information (as defined below) (collectively as the “Inventions”) and User will promptly disclose and provide all Inventions to Company. All Inventions are works made for hire to the extent allowed by law. In addition, if any Invention does not qualify as a work made for hire, User hereby makes all assignments necessary to accomplish the foregoing ownership. User shall further assist Company, at Company’s expense, to further evidence, record and perfect such assignments, and to perfect, obtain, maintain, enforce, and defend any rights assigned. User hereby irrevocably designates and appoints Company and its agents as attorneys-in-fact to act for and in User’s behalf to execute and file any document and to do all other lawfully permitted acts to further the foregoing with the same legal force and effect as if executed by User.
11.2 User agrees that all Inventions and all other business, technical and financial information (including, without limitation, the identity of and information relating to customers or employees) User develops, learns or obtains in connection with Services or that are received by or for Company in confidence, constitute “Proprietary Information.” User will hold in confidence and not disclose or, except in performing the Services, use any Proprietary Information. However, User shall not be obligated under this paragraph with respect to information User can document is or becomes readily publicly available without restriction through no fault of User. Upon termination and as otherwise requested by Company, User will promptly return to Company all items and copies containing or embodying Proprietary Information, except that User may keep its personal copies of its compensation records and this Agreement. User also recognizes and agrees that User has no expectation of privacy with respect to Company’s telecommunications, networking or information processing systems (including, without limitation, stored computer files, e-mail messages and voice messages) and that User’s activity, and any files or messages, on or using any of those systems may be monitored at any time without notice. User further agrees that any property situated on the Company’s premises and owned, leased or otherwise possessed by the Company, including computers, computer files, email, voicemail, storage media, filing cabinets or other work areas, is subject to inspection by Company personnel at any time with or without notice.
11.3 As additional protection for Proprietary Information, User agrees that during the period over which it is (or is supposed to be) providing Services (i) and for one year thereafter, User will not encourage or solicit any employee or User of Company to leave Company for any reason, and (ii) User will not engage in any activity that is in any way competitive with the business or demonstrably anticipated business of Company, and User will not assist any other person or organization in competing or in preparing to compete with any business or demonstrably anticipated business of Company.
11.4 If any part of the Services or Inventions is based on, incorporates, or is an improvement or derivative of, or cannot be reasonably and fully made, used, reproduced, distributed or otherwise exploited without using or violating technology or intellectual property rights owned or licensed by User and not assigned hereunder, User hereby grants Company and its successors a perpetual, irrevocable, worldwide royalty-free, nonexclusive, sublicensable right and license to exploit and exercise all such technology and intellectual property rights in support of Company’s exercise or exploitation of the Services, Inventions, other work performed hereunder, or any assigned rights (including any modifications, improvements and derivatives of any of them).
12 Limitation of Liability
12.1 The User hereby expressly warrants and agrees to hold the Company, its members, directors, shareholders, employees, and offers harmless as to any causes of action arising from or out of the use of Website or any of the Services provided by The Company.
12.2 Use of the Service is done so at the Users sole risk and any the Company accepts no liability as to damages or claims from the User or any of their agents, affiliates, or members.
12.3 The User hereby agrees to indemnify the Company for any action brought by any third party, person, corporation, company, entity, or body for any action arising from or out of the Users use or the Company Services or Website. This includes the sending of unsolicited emails by the User and also includes any acts of defamation or breach of IP laws.
12.4 The User hereby accepts to hold harmless the Company for any action, including those already mentioned, that is brought by any third party, company, corporation, organization, or entity as to claims against them relating through or out of the use of the company Website or Service.
12.5 The User agrees that any disputes arising from or out of this agreement shall be resolved by means of arbitration.
13 Governing Law and Jurisdiction
14.1 Any term that is deemed to be incompatible with law will be struck from this agreement. The remaining terms shall remain in force.
15.1 Any notices regarding this agreement shall be sent to the company head office located at the commencement of this agreement.