2. Use of Terms
2.1.1 “you” and “your” are to you as the user of our website and/or the buyer of our goods and services and include any one on behalf of which you use our website.
2.1.2 “us” “we” and “our” are to Enquir3 (Company Registered Number 8929321) and where applicable to its officers employees and authorised agents.
2.1.3 “our website” are to “www.enquir3.com” and any other website address we may use in addition to or substitution for it.
2.1.4 “your online account” is to your user login & passwords issued for your use to enable access to your web based management system.
2.1.5 “website system” is to a supplied web based content management system.
2.1.6 “fast track” is to orders for goods or services that will be given priority delivery schedules.
2.1.7 “unuique bespoke design” is to a design for a website tailored or produced uniquely for you from either a concept, idea or examples provided.
2.1.8 “bespoke programming” is to producing addition elements or new parts of code to enable your web based system to complete a previously agreed task or tasks that are non-standard to our content management system.
2.1.9 “custom bespoke design” is to a design for a website based upon either a supplied design or a design chosen from existing website design stock and amended for use for your brand or business.
2.1.10 “NDA” is to a Non Disclosure Agreement – an agreement between Enquir3 and yourself agreeing not to disclose the information about your project.
2.1.12 “setting your website live” is to the status of a site that is ready for switch to the ‘production server.
3. Business Service
3.1 Our website is exclusively for business use and is not for the use of private individuals as consumers.
3.2 When using our website you represent to us that all orders for our goods and services which you submit will be for business purposes only and within the scope of your authority to make contracts on behalf of the business for which our services are required.
3.3 You agree that you will use our website’s only for the purpose of the business you represent and will not exploit our website or any of its contents commercially.
5. Your Obligations
5.1 It is your responsibility in dealing with us:
5.1.1 to ensure that all the information you provide to us is accurate and complete. No changes to your order will be agreed once we have accepted it unless treated as a chargeable upgrade or unless agreed to by a Director of Enquir3 in writing.
5.1.2 to protect and maintain the confidentiality of your account with us and to restrict unauthorised access to and use of your computer customer reference number, account number, user login details and passwords.
5.2 You agree to be responsible for all transactions between us and you in response to orders made by you.
5.3 You must inform us immediately in writing and by way of telephone if you are aware or believe someone else has or may have had unauthorised access to your account with us.
5.4 You must be 18 years of age or over and have legal capacity to make contracts to order work from us.
6. Access to Our Website and Website Systems
6.1 We will use our reasonable endeavours to ensure that our website is available for use and that transmissions are error free.
6.2 Access to our website and website systems may be interrupted or suspended at our discretion for repair and maintenance work updating services or events beyond our reasonable control.
6.3 We reserve the right in our discretion to deny access to our website or website systems cancel orders change or remove its content or terminate accounts.
6.4 You must not use, adapt, duplicate, modify or exploit any image text or graphics on our website or website systems without our written permission.
6.5 You must not use our website or website systems:
6.5.1 for any unlawful purpose or activity
6.5.2 to send or use material that is illegal, obscene, abusive, offensive or defamatory
126.96.36.199 in breach of copyright trademark privacy or any other intellectual property right or,
188.8.131.52 that contains software viruses advertising political material or spam
7. Disclaimer of Liability in Respect of Our Website
7.1 We make no representations in respect of our website, its contents or the accuracy, completeness or suitability for any purpose of the information published on it.
7.2 We do not warrant that our website, website systems or your website is free from computer viruses or other defects that may cause loss or damage.
7.2.1 It is your responsibility to implement valid and up to date antivirus systems on your computers and your networks.
7.2.2 Enquir3 is not responsible for the loss of any data due to a computer virus entering your system via email or any other format.
7.3 We exclude all liabilities for loss or damage due to technical inaccuracies or typographical errors so far as the law allows.
7.4 We will not be liable for any loss or damage arising out of the use of our website, website system or your website.
7.5 If the goods we supply are not what you ordered or are damaged or defective or you do not receive your order we shall have no liability to you unless you notify us in writing at our contact address (Boston House, Grove Technology Park, Wantage OX12 9FF) within 10 days of the date of supply or as appropriate of the date we notified you of the availability for supply of your goods / services by way of our website, website systems or your website.
7.6 If you notify us of a problem under condition 7.5 we shall have the right:
7.6.1 to make good any shortage or non delivery within a reasonable period based upon reasonable realistic timescales appropriate to the size of the job and amount of work required.
7.6.2 to replace or repair any goods / services that are damaged or defective; or,
7.6.3 to refund to you all or a part of the amount you paid for the goods, systems, services, features in question less and any administration fee paid.
7.7 We will not be liable to you except as required by law for any indirect or consequential loss, damage, or expenses (including but not limited to loss of profits, business income or goodwill) however it arises whether you notify us of the problem or not under Condition 7.5.
7.8 We shall have no liability to pay you back any money by way of compensation or refund except in accordance with Conditions 7.6.3, 11.2.1, or otherwise as required by law.
7.9 You must observe and comply with all relevant legislation and regulations including if we ask you to do so all necessary customer import or other permits to purchase goods from our website.
7.10 None of the disclaimers in Condition 7 are intended to exclude or limit our liability to you for death or personal injury resulting from our negligence.
8. Our Contract
8.1 When you place your order for any of the services featured on our website or offer by us to you, your order will be a request for the performance of those services.
8.2 We may accept or decline your request by sending you an email message to the email address you provided at the time of your order, confirming the details of your order were as per your last quotation and the invoice supplied by Enquir3
8.2.1 We will confirm your order by Email to your provided email address.
8.3 A legally binding contract between you and us will only come into existence when we accept your order in accordance condition 8.2.
9. Ordering our Services and Goods
9.1 You may place your order for our goods and services:
9.1.1 by telephone on number 0207 100 5180
9.1.2 by email to firstname.lastname@example.org or directly to your Enquir3 contact.
9.1.3 by fax on number 01865 920 004
9.1.4 by post to Enquir3, 142 Boston House, Grove Technology Park, Wantage OX12 9FF
10. Cancelling Your Order
10.1 You cannot cancel your contract with us once we have accepted your offer and commenced work.
10.2 We will confirm your offer by way of confirmation of order; this will be sent to you via email to the email address you have provided.
10.3 If you cancel your order prior to confirmation and commencement of work, Enquir3 reserves the right to deduct any costs or charges incurred to fulfil the processing of the order including bank and card processing fees, administration costs / fees and sales acquisition costs. These costs and charges will not exceed any deposit / administration fee already paid.
10.4 Refunds for cancellation of orders will be processed via cheque or BACS on or around the 10th of the following month.
11. Cancellation of Your Order by Us
11.1 We reserve the right to cancel the contract between us and you if:
11.1.1 we are unable to provide the services you have requested for any reason beyond our reasonable control
11.1.2 you provide us with any information in respect of your order which in our opinion is misleading, inaccurate or incomplete.
11.1.3 you require our services or goods for an illegal purpose.
11.1.4 you fail to supply requested information within a reasonable time scale.
11.2 If we cancel the contract with you we:
11.2.1 will notify you in writing or email to the provided addresses you submitted at the time of your order and refund any money you have paid to us as soon as practicable but,
11.2.2 will be under no legal obligation to pay you any compensation
11.2.3 We reserve the right to deduct any costs or charges incurred to fulfil the processing of the order including bank debit and card processing fees, administration costs / fees and sales acquisition costs. These costs and charges will not exceed any deposit / fees already paid.
12. Price and Payment Terms
12.1 The price for the work you order from us is set out in our quotation to you and sent to you by way of email in advance of your order.
12.2 We reserve the right to change the price of our goods and services at any time or remove, modify or update any quotation or offer without further notice.
12.3 When we accept your order we will confirm the total price that you will be asked to pay a deposit / administration fee by way of either BACS transfer, cheque, Paypal, Visa or MasterCard Credit Card or Visa or MasterCard Debit Card.
12.4 Any quotation we send you for our goods or services will be valid for 14 days from date of quotation unless provided in connection with a special offer or detailed otherwise on the offer or quotation, when it will only apply until the date on which the offer ends.
12.5 If you live in the United Kingdom you will be required to pay between 0% and 100% of the price for the work you order from us depending upon the offer or promotion in place, and to pay the balance for the work being completed prior to the site / website system going onto a live server. All training, upgrades, SSL certificates, other associated products / services and hosting charges require 100% payment in advance.
12.6 If you live outside the United Kingdom we may require you to pay for our services and goods in full before we complete any work for you.
12.7 We will request payment of a deposit of up to 100% of the price payable in advance for all bespoke ordered work.
12.7.1 Payment for websites and web based systems become due as stated on the quotation and / or invoice or when the site or system is ready to go on to the live server, this is before training, integration of payment gateway if required, integration of SSL certificate if required.
12.7.2 Payment may not be withheld for you to populate your website. In the event you do withhold payment to populate your website, an admin handling charge of £50 + VAT per day will become payable.
12.8 Any deposit paid will be non returnable unless we cancel your order under Condition 11.
12.9 If you are a United Kingdom resident and fail to pay us within 14 days of our invoice date we will remind you that payment is overdue. If payment is still not made, action may be taken to recover the outstanding debt. We reserve the right to suspend all services and websites you hold with us until all outstanding payments are received without further notice.
12.9.1 If you have contracted to purchase goods or services from us on a pay monthly on an extended, fixed term agreement, and subsequently fail to make payment when due such that your account becomes 2 months in arrears, then the full amount due for the remaining contract period will become due for payment.
12.10 We reserve the right at our discretion to charge you interest both before and after any Court judgment on the unpaid amount of any invoice we have sent you for our goods and services not paid within 14 days of the invoice date at the rate of three per cent (3%) per calendar month or part of a calendar month calculated on a daily basis until we receive payment in full in cleared funds:
12.10.1 if you are a United Kingdom resident from a date fourteen (14) days after the date of our invoice, or
12.10.2 if you are not a United Kingdom resident from a date twenty eight (28) days after the date of our invoice.
12.11 The price excludes value added tax and if chargeable delivery charges which are payable in addition to the price.
12.12 You will remain responsible for the payment of our invoice for goods and services supplied to you where you are unable to upload the information we send you on to your equipment for any reason beyond our control.
13. Title to Goods
13.1 Ownership of website code, or any code resulting from ‘bespoke programming is retained by Enquir3 and is supplied on a single lifetime licence basis unless written exclusively for you and confirmation is supplied in writing by a director of the company unless using Open Source software systems or components.
13.2 We retain title and ownership of any proprietary website system, ecommerce shopping cart, content management system and any other generic parts of the system supplied unless using Open Source software systems or components.
13.3 Specialist functionality produced exclusively for your system may have full title passed with prior agreement in writing from a company director.
13.4 We shall continue to own any goods / services whether or not delivered to you until you have paid us in full for them and the work we have done for you.
13.5 Failure to renew the website system hosting or licence will result in cancelation of the lifetime licence and transfer of that licence back to Enquir3 and any copy of the website system can be deleted from any supplied hosting solution and backup. This only applies if the website system is hosted with Enquir3 or an Enquir3 hosting partner where Enquir3 or any subsidiary / associate company incurs a cost for the maintenance, support or infrastructure in relation to maintain the website system on the Internet.
13.6 Transfer of ownership of any licence between parties is allowed but Enquir3 must be informed in writing by both parties for this to take place. Failure to notify Enquir3 may result in users of the website system not being informed of any critical updates, security updates or PCI DSS compliance issues that may happen from time to time. Enquir3 will not accept any liability in relation to this what so ever.
13.7 Transfer of ownership of any Enquir3 Licence may involve an administration charge of up to £35 + VAT.
13.8 Domain names are registered in your own legal name unless otherwise requested.
13.9 Ownership of title of domain names is passed upon full and final payment being received.
14.1 All orders for services and goods from us are subject to availability.
15. Delivery (if applicable)
15.1 We will notify you of the approximate date of delivery in your order confirmation this will be sent via post or email to the addresses provided.
15.2 Once the goods have been delivered they will be at your risk and we will not be liable for their loss damage or destruction.
15.4 All delivery timescales provided are estimates, the company will confirm the estimated timescale of delivery on the order confirmation.
15.6 Delays in response to our team, or changes in specification will nullify any guaranteed or confirmed time scales.
15.7 A maximum claim cannot exceed 10% of the net cost of the website system for late delivery if a timescale was guaranteed or confirmed.
15.8 No claim can be made in the event that no confirmation of
delivery time was requested in writing or sought upon return of the RFI
and confirmed in writing.
16. Optimisation Products
16.1 Enquir3 will supply a written quotation for all optimisation products; this quotation will form the basis of the contract and will become the agreement once a deposit is paid. Only products and services included in the quotation can be classed as included.
16.2 Any guaranteed 1st Page Google results are classed as a top 10 organic results. An organic result excludes Google Local, Google Adwords or any other result placement system.
16.3 Enquir3 will supply monthly reports during the contract term commencing no earlier than eight weeks from placement of order. These reports will be produced and sent on or before 28th of each month and sent to the registered email address.
16.4 Enquir3 is not required to or cannot be compelled to supply any further information on top of the information supplied in your quotation and associated documents in relation to the extent of work completed or when that work will be completed.
16.5 All payments for optimisation related products are taken monthly in advance, using your preferred payment method, prior to commencement of work.
16.6 Payments for optimisation services can be made by any of the following methods; Credit Card, Debit Card, Paypal, Standing Order, BACS, Cash or Cheque.
16.7 On payments by credit or debit card, your details may be retained and stored securely in accordance with payment card industry data security standards to enable us to process your card on a reoccurring authority through the contract term. By placing an order and providing credit card details you are agreeing to the reoccurring payment process via card.
16.8 The monthly payment date for Enquir3 optimisation products is the 10th of every month. All orders received before the 25th of the month will require payment on the 10th of the next month, all orders placed after the 25th will be charged on the 10th of the preceding month.
16.9 In the event of a payment not being received within 30 days of the agreed payment date Enquir3 has the right to suspend all services supplied and nullify any optimisation agreement or hosting agreement in place without further notice.
16.10 Once an order is placed and a deposit paid no cancellation of service can be made unless the balance of any remaining contract is fully paid.
16.11 Guaranteed page positions, if applicable, are limited to purely organic results within Google. These results exclude Google local business results, Google Adwords or other any other result placement system.
16.12 Enquir3 guaranteed page position is subject to expiry upon the achievement of top 10 Google organic results for the agreed search terms. Once achieved the guarangee package is classed as complete and no claim can be made under this agreement
16.13 Enquir3 does not offer any guarantee that any product or service will archive or maintain any results or position beyond the contract term.
16.14 Should Enquir3 fail to achieve top ten natural Google results within the outlined time frame, we will provide a 25% refund. A further 25% is paid back if we do not achieve your ranking 3 months after the specified deadline, followed by a further 25% at 6 months, and another 25% at months past the agreed deadline.
16.15 No other optimisation companies or techniques are to be applied to the website or website system, unless advised by an Enquir3 optimisation specialist. If a third party is used for optimisation, you accept that this may have a detrimental effect on your search engine results, and will nullify the Enquir3 optimisation guarantee.
16.16 You must not create any duplicate content, duplicate pages, hidden text or links or undertake any spamming techniques which may harm the website’s performance across the major search engines.
16.17 There are many off-page factors that can affect search engine algorithms, and website rankings. If Google or any corresponding search engine dramatically changes their algorithm, this will nullify the Enquir3 optimisation guarantee. Enquir3 can fine tune websites in order to rectify minor search algorithm changes, however major changes could require a complete overhaul of the system which would of necessity be chargeable.
16.18 All previous optimisation work on an existing domain name must be declared to the Enquir3 optimisation specialists. Failure to do so may result in chargeable correctional work being undertaken by us at our current rate of £75 per hour. This rate can vary from time to time and was correct as of 1st January 2011.
16.19 If your website’s domain name has been previously penalised by the search engines, you must inform us of this prior to this agreement. We may offer to provide correctional services that will incur extra cost, but we are not obligated to do so. Failure to notify us of any penalised URL’s will invalidate any insurance in place.
16.20 If at any time during the agreement you override any of the changes that Enquir3 has made to your website, the search engine performance of your website could be seriously affected and the Enquir3 optimisation guarantee will be nullified.
16.21 No claim can be made outside of clause 16.14 in relation to any alleged loss of income, traffic, customer good will, search engine position or any other reason not stipulated and not detailed in your written quotation and confirmation of order.
16.22 In the event Google stops providing natural results for search all optimisation guarantees become invalid and no refund will be applicable.
16.23 You are required to supply a full and comprehensive list of existing natural search engine results prior to commencement of any project that need to be maintained complete with the pages on your site that rank for those search terms. Failure to supply this list could result in loss of these results.
17. Ecommerce, Content Managed Systems and Website Design
17.2 Order upgrades processed during production of a site will be paid for in advance of production.
17.3 Changes in design and concept after the initial order are placed and production started will be chargeable.
17.4 All specifications will be confirmed in writing. No verbal undertaking or verbal agreements to specifications unless confirmed in writing will form part of this contract.
17.5 If a specification is missing from your order confirmation it is your responsibility to make a manager at Enquir3 aware of this in writing within 7 days, or this missing specification will not form part of the contract.
17.6 All time scales are educated estimates and not guarantees of exact time lines. Enquir3 cannot be held liable for losses or damages in the event that time scale estimates are not met.
17.7 Late time penalties and claims for loss of business and damages cannot be made against Enquir3 unless agreed in writing with a director prior to the order being placed. Enquir3 will not accept orders from clients who require late time penalties without prior agreement.
17.8 Failure to request a late time scale penalty prior to order will be treated as an acceptance of estimated time scales and acknowledgement of no intention to wish to make a claim.
17.9 Standard Design website systems specifications are provided prior to placement of order and form part of the contract.
17.10 Bespoke design website systems specifications are provided prior to placement of order and form part of the contract.
17.11 Your provided website solution does not include content creation or population, unless specifically stated as included in your quotation.
18. Intellectual Property
18.1.1 All rights in the design text graphics and other material on our website and its arrangement and in our publicity and marketing literature are our copyright or that of other parties. You are permitted to copy electronically and print in hard copy parts of our website only in connection with the acquisition of our goods and services. Any other use or reproduction of material on or from our website without our prior written permission is illegal and is strictly prohibited.
18.1.3 We are the proprietor of the registered ‘Enquir3’ trademarks. All other trademarks, product names, logos and company names used in our website are our property or that of the respective owners of the marks, names or logos. No permission is given by us to use any of those marks, names or logos and any use by you without the owner’s permission may constitute an infringement of the holder’s rights.
19. Supply of Analytics Systems
19.1 Enquir3 install Google Analytics as standard, which at the time of writing is free of charge, if you do not wish to have Google Analytics installed on your website it is your responsibility to make us aware of this fact.
19.2 Enquir3 is not obliged to keep any data collected by any analytics systems during or after any free or paid for period.
19.3 Analytics data will not be made available to any other companies without the express consent of the client.
19.4 In the event of a complete loss of data Enquir3 will be limited to a maximum claim of £1 in total, if the data is lost during a paid for period. If any data is lost during a free period or after a paid for period has ended Enquir3 is not liable to a claim.
20. Website Hosting, Support and Training
20.1 Enquir3 will with best endeavour ensure the client’s website is available on the web for the maximum amount of time each day in accordance with its published SLA (Service Level Agreement).
20.2 Enquir3 will provide free of charge a backup solution for the 1st 12 months for any website that is hosted on our servers. But recommends clients keep a copy of their website for backup purposes if required. Enquir3 will not be held responsible for a total loss of service or site.
20.3 Enquir3 provides hosting packages on the following basis and variants only apply if supplied in writing and signed by a director of the company.
20.4 Up to 5 GB of data storage.
20.5 Unlimited Data Transfer per month for the first 12 months for standard CMS and standard ecommerce websites and website systems. All other website systems have a 5GB transfer per month limit. Exceeding this limit will incur additional charges.
20.6 Free technical support will be provided via email & telephone provided payments have been made either annually in advance or monthly in advance.
20.7 To protect overall system integrity and security FTP access is not granted in any circumstances.
20.8 0.5 hours telephone training is supplied as standard with all systems and 1 hours optimisation training is supplied as standard additional hours are chargeable at £ 75 per hour.
20.8.1 Instruction manuals are provided where available online for CMS & ecommerce websites and website systems. Additional bespoke functionality is not included in user manuals as standard.
20.8.2 Where bespoke functionality has been provided telephone training and support will be provided.
20.9 If email services are used for any website or website system that Enquir3 hosts the client will have in place and continue to keep up to date antivirus software that will supply protection against the transfer of email viruses. The antivirus software will be supplied from a valid approved antivirus supplies (e.g. McAfee or Norton). Any client failing to do so and by not providing such protection will be deemed to have given permission for viruses to be transfer by way of their email system and as such will be liable for any band width used by any viruses and any time spent assisting companies in the repair and protection of their email and website. If you fail to protect against internet viruses we can switch your website off.
20.10 Websites with current or anticipated data transfer of above 5GB per month will need to notify Enquir3 (trading name of Total Marketing Systems Ltd) in writing of the anticipated data transfer figures prior to a quotation for supply being provided to qualify for free unlimited bandwidth.
20.11 Website systems that receive increased traffic volumes or traffic spikes may suffer from performance issues from time to time.
20.12 Enquir3 is not liable for performance related issues due to increased traffic volumes or traffic spikes
20.13 In the event the website system receives increased traffic volumes or traffic spikes Enquir3 may advise an upgrade to an alternative approved hosting solution.
20.14 In the event Enquir3 advises an upgraded hosting solution is required the customer will be provided with a quotation directly from an approved third party hosting provider.
20.15 In the event the client wishes not to proceed with an advised upgraded hosting solution Enquir3 can if needed to protect the integrity of our shared hosting solutions limit, suspend or remove any sites that are using excessive amounts of server resources or bandwidth.
20.16 All costs and charges related to an upgraded hosting solution will be payable by the client directly to the third party hosting provider.
20.17 Any contracts or agreements for third party hosting will be strictly between the client and the third party hosting provider. And no contract will be in force implied or otherwise between Enquir3 and client in relation to hosting and service level agreements.
20.18 In the event an upgraded hosting solution is required within the 1st year any monies or allowances taken will be used to cover Enquir3 costs involved in the transfer and install to the approved third party hosting solution and no refund of any allowances or moneys will be made.
20.19 Any fees or ongoing charges made by the approved third party hosting provider will be paid by the client directly to the approved third party hosting provider.
20.20 Enquir3 will support website systems subject to a correct website system support contract being in place and that have transferred to an approved third party hosting solution in relation to the website system, this does not include server management, server upgrades, website system backups or any other non website system related items or issues.
20.21 Enquir3 recommends that the client put’s in place a regular backup solution, failure to do so may result in a total loss of system in the event of a server failure. It is the client’s responsibility to ensure any backup solution is adequate and managed.
20.22 Enquir3 reserves the right to make additional charges for support of a website system that is hosted on an approved third party hosting solution over and above Enquir3 published annual support fees.
20.23 The client agrees and understands that by moving to a third party hosting solution that no Enquir3 service level agreement is in force and no up-time guarantee exists implied, provided or otherwise.
20.24 In the event the client wishes to use a non approved third party hosting provider 20.25, 20.26, will apply.
20.25 Any Enquir3 support contract will terminate upon a transfer to a third party hosting solution.
20.26 No refund of any hosting or support contract will be made if a hosting or support contract is terminated prior to the termination date of the hosting or support contract.
20.27 Enquir3 will not install, setup, manage or support the website system unless agreed otherwise in writing by the Managing Director.
20.28 Transfer from Enquir3 hosting can be done by completing a website transfer request form available from email@example.com
20.29 Web browser compatibility is only guaranteed for websites for current versions of Internet explorer, Firefox, Chrome, Mozilla & at time of delivery of the website. In the event new browsers are introduced we cannot guarantee they will be compatible without an upgrade of your website system. Due to security and compatibility issues we do not guarantee or imply that your website system will work on older unsupported versions of website browsers.
20.30 Standard policy of Enquir3 is that support provided extends only to the two most recent version releases of the Drupal platform, where Drupal is being employed. Upgrading of the platform to include but not limited to : improvements to functionality and increased security are not covered by the standard support provided by Enquir3.
20.31 The support provided by Enquir3 does not cover any inoperability caused by the withdrawal of product or services provided by a third party.”
20.32 With reference to websites built and supplied, supported and hosted by the former ‘Quantum Web’ companies. namely, (Quantum Hosting and Support Ltd, Quantum Web Solutions Ltd, Quantum Network and Promotions Ltd): inherited Quantum sites, we cannot guarantee how long or how well they will work in a fault free manner, Enquir3 will provide support on a best endeavours basis, but cannot be held responsible should they fail in any way.
21. Transfer Charges
21.1 Charges may apply for website transfers and additional licences may need to be purchased for the website systems to work on the donor server if the donor server does not have the correct software installed.
22. Intellectual Property
22.1. You understand that, we may ask you to: (i) provide feedback or input on a number of topics, including but not limited to, the design, functionality, user interface, development, and integration or release strategy of our products or services; and (ii) participate in focus groups and/or the usability evaluation for certain of our products, prototypes, or mock-ups. Unless otherwise agreed to in writing by us and you pursuant to a separate agreement, you acknowledge and agree that any such feedback, input, or participation by you in any such activities (collectively, “Feedback”) is provided on a voluntary basis only and you will not seek or be entitled to receive any compensation in any form for such Feedback. Further, you agree that no Feedback provided by you shall include confidential or proprietary information that is owned by you or any other third party, or that you are compelled to keep confidential by law or otherwise. To the extent that any IP is created, conceived, developed, or made during the course of your acting as a product advisor, it shall be exclusively owned by, and is hereby assigned to, us, whether it is based upon, makes references to, incorporates, or otherwise makes use of, in whole or in part, Feedback.
23. Changes to Our Conditions
23.1 We may change these conditions at our discretion. If we do so we will post the changes on our website. Your continued use of our website, website systems following any changes to these conditions will acknowledge your acceptance of any changes we make.
23.2 Any contract between us and you will be subject to the conditions which apply at the time we accept an order to produce work for you.
24.1 We may contact you by post, email, fax or online by placing notices on our website in your user login area.
24.2 You agree that all notices or other communications we send you electronically are in writing for the purpose of satisfying any legal requirements.
24.3 All notices which you send us must be in writing and sent to our contact address at Enquir3, Boston House, Grove Technology Park, Wantage OX12 9FF
25. Third Party Rights
25.1 A person who is not a party to any contract between you and us has no right to enforce any of these conditions under the Contracts (Rights of Third Parties) Act 1999.
25.2 Condition 26.1 does not affect any right or remedy that a third party may have apart from that Act.
26.1 If any court having the right to do so decides that any of these conditions is unenforceable those which remain will continue to have legal effect between us and you.
27. Waiver of Our Rights
27.1 If you breach any of these conditions and we take no action against you for doing so this will not prevent us from using our legal rights to take action in any other situation where you breach these conditions.
28. Entire Agreement
28.2 Nothing said by any salesperson on our behalf is to be understood by you as a variation of these conditions or as an authorised representation about the nature or quality of the goods and services we provide.
29. Governing Law
29.1 These conditions and any contract between you and us are governed by and interpreted in accordance with English law.
29.2 You and we agree to submit to the exclusive jurisdiction of the courts of England and Wales to resolve any disputes between us which cannot be agreed under these conditions.