Techmarketview LLP – Client Terms & Conditions
These terms and conditions shall govern the relationship between TechMarketView LLP Partnership No. OC339034, Registered Office, 30 Camp Road, Farnborough, Hants, GU14 6EW, Trading Address PO Box 183, Farnham, Surrey, GU10 1QX (“TechMarketView”) and its client to whom its products or services (the “Service”) are supplied (the “Client”.) These terms and conditions should be read together with any proposal put by TechMarketView to the Client (“Proposal”.) Together, the provisions of the Proposal and these terms and conditions are referred to in this document as the “Agreement”. In the event of any inconsistency between the provisions of the Proposal and these terms and conditions these terms and conditions shall prevail.
Fees
a) The Fee does not include Value Added Tax. To the extent that the Fees are subject to Value Added Tax, the Fee will be increased by the amount of such tax and TechMarketView reserves the right to recover such tax at any time.
Payment
a) TechMarketView will invoice the Client for the Fees on the terms detailed in the Proposal. The Client shall make payment to TechMarketView as specified in the Proposal. Payment shall be due within 30 days of the date of TechMarketView’s invoice.
b) TechMarketView reserves the right to withdraw access to its Services until such payment has been made and/or to take such legal redress as TechMarketView considers appropriate.
Life of Contract
a) This Agreement will run for a period of 12 months as specified in the Proposal. Thereafter, it may be terminated by 3 months notice by either party.
b) In the unlikely event of TechMarketView deciding to discontinue the Service, the Client shall be entitled to a refund relating to any unexpired portion of the Service. No further compensation shall be paid.
c) Upon Termination of the Agreement or if the Agreement is not renewed on expiry of subscription, the Client undertakes to delete or return to TechMarketView all electronic files delivered as part of the service. This includes all files stored by the Client’s employees on their local systems.
Security
a) The Client shall keep all Usernames and Passwords used to gain access to the Services confidential. TechMarketView reserves the right to withdraw access to the Services without compensation in the event of persistent breach of Security.
Use of Website
a) The Use of the Website is governed by the separate Terms & Conditions for the Use of the Website; these Terms shall apply regardless of whether the User is also a Client of TechMarketView
Warranties and Liability
a) TechMarketView warrants that it will supply the information or services to which this Agreement relates (the “Services”) with reasonable skill and care and that to the best of its knowledge and belief any such information shall be free from material defects as of the date upon which it is presented to the client in its final form. TechMarketView does not offer advice of any kind and is not regulated to do so by the FSA; the responsibility for decisions taken on the basis of information given by TechMarketView will remain with the Client.
b) TechMarketView analysts may hold shares in some of the companies they write about.
c) TechMarketView shall have no liability for any loss of profit, loss of savings, indirect special or consequential loss, damage, costs, expenses or other claims including (without limitation) those for loss of business or loss of interest which arise in connection with this Agreement whether or not it has been notified of the possibility of such damages etc.
d) Except as expressly stated in this Agreement, all warranties, terms and conditions, whether express or implied by statute, common law or otherwise (including but not limited to fitness for purpose) are hereby excluded to the extent permitted by law.
Copyright
a) All information provided by TechMarketView, in any form, is proprietary to TechMarketView and is protected by U.K. and foreign laws governing intellectual property.
b) Unless stated to the contrary, the information contained in the Services is the copyright of TechMarketView, and is subject to international copyright laws.
c) The Client or its employees may use information retrieved from the services for the research purposes only of the Client. The Client may not sell, resell or otherwise make the information available in any manner or on any media to any third party unless it has been granted prior written consent by TechMarketView.
d) The Client agrees to take all reasonable steps to restrict and control the use of and copying of TechMarketView’s Services, at least equivalent to steps taken to safeguard the Client’s own proprietary information.
e) The Client may quote from the Services but must credit each such quote with “Source – TechMarketView”. Such quotes should be limited to no more than two sentences.
f) These rights apply to information that is purchased by the Client and information that TechMarketView may choose to provide at no additional charge.
Force Majeure
a) Neither party shall be liable for any delay in meeting or for failure to meet its obligations under the Agreement due to any cause outside its reasonable control. If TechMarketView is prevented from meeting its obligations due to any cause outside its reasonable control it shall notify the Client of the circumstances and the Client shall grant a reasonable extension for the performance of the Agreement.
Legal Construction
This agreement shall be governed by English law.