Terms and Conditions
Last updated March 7th, 2018.
We may update the terms and conditions from time to time. Please check this page regularly for notification of any significant changes in the way we treat your personal information. We will try to provide customers with reasonable advance notice of any proposed changes.
These terms and conditions represent the entire Agreement between the parties in relation to the services provided by us.
WatchSumo is a trading name of Blissful Systems Limited ("we", "us" or "our"), a limited company registered in England and Wales, no. 08871670. Our registered office is First Floor, Telecom House, 125 - 135 Preston Road, Brighton, East Sussex, BN1 6AF, United Kingdom.
“You” means the natural or legal entity of the customer who is entering into this Agreement (as may be specified on the order form, invoice or other communication from you to us) and “your” or “yours” shall be construed accordingly.
You warrant that this Agreement has been accepted by and is binding on you, having been entered into by a duly authorised representative.
Our contract with you
Our contract with you (“Contract”) is formed when you register to create an account (“Account”) with us. Please note we reserve the right at our discretion to reject your usage our Service.
The Contract will run on a monthly, or annual subscription basis. For month to month Contracts there is no minimum term beyond the first month of the Contract. You can choose to stop the Service at any time in which case no further subscription fees will be charged although we shall not be obliged to refund any fees paid.
We shall be entitled to terminate the Contract at any time if you are in material breach of the Contract (e.g. fail to pay subscription fees) and either you fail to remedy the breach within the timescale we request or the breach is not capable of being remedied. We shall also be entitled to terminate the Contract if you become insolvent. Where we terminate the Contract due to your breach we shall not be obliged to refund any subscription fees you may have paid us.
These rights of termination will also apply to you against us.
Use of your Account
Once the Contract is formed, and subject to you complying with these Terms, you will be entitled to use the Services via your Account solely for the purposes of monitoring the availability of specific websites or URLs ("Websites").
You may only use our services to monitor Websites that your own, or Websites where you have been granted permission by the owner to monitor (e.g. websites belonging to your clients). We reserve the right to cancel your services where we believe you are monitoring Websites without permission.
You must keep your password and account details secure and ensure that only you access your Account.
You are responsible for complying with the laws of the country from where you use the Service and to ensure you have all necessary permission and consents in place in relation to your use of the Service.
We are under no obligation to provide services beyond the scope specified in the Agreement.
A subscription fee may be due in advance for use of the Service. Our subscription fee prices are shown on our website. It will be clear before you purchase any Service whether any fee is due, and whether VAT or other applicable taxes are included in the price or still to be added. If you change your subscription package in the future, the change in the subscription payment amount will take effect at the next billing cycle.
Your subscription payment will be automatically processed by credit card (or similar card) via a trusted third party payment provider. Where your payment is not successful we will contact you, and consider a payment unpaid. We reserve the right to suspend or limit access to your Account and suspend or limit the Service until the balance of any unpaid payment is paid in full. In the event of a payment remaining unpaid for 14 days, we reserve the right to close your account and terminate your Service.
If you believe a payment was made in error, or you do not wish to continue paying for the service, you should contact us immeditately. In the event of a 'charge back' or disputed payment ("Payment Dispute"), we will consider a payment unpaid, and suspend or limit the Service as set out above. An administration fee may apply if you wish to continue use of the Service after a Payment Dispute, which covers the fees imposed by our payment provider for such events.
Liability and indemnity
Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.
The Service is provided on an ‘as is’ basis and we do not guarantee that the service will be suitable for your intended use.
In no event shall we be liable for any loss of business, loss of profit, loss or corruption of data or for any indirect or consequential loss. Except for liabilities we have expressly not excluded, our total aggregate liability arising under the Contract or otherwise relating to the Service shall be limited to the total of subscription fees paid by you in the previous month, or where you have paid for a block period in advance, the average monthly charge for that period.
You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
The WatchSumo Service is our proprietary service, and all intellectual property rights in it are owned by or validly licensed to us.
Software and related documentation provided in relation to the Service is only provided in relation to your use of the Service. Except where this is part of your legitimate use of the Service you are not permitted to copy, modify, republish, download, display or distribute all or any part of such software or documentation in any form or media or by any means. Nor are you permitted to reverse compile, disassemble, or reverse engineer such software or make use of such software or documentation to build a product or service which competes with our Service.
We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
Circumstances beyond a party's control
Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
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