These conditions apply to all users of the ‘Micro Surveys’ service provided via the web site ‘www.micro-surveys.com’, including any business, organisation or profession & also covering consumers (a consumer is a person, not a company or business, whose use of this service is for personal use & not as part of his or her trade, business or profession).
In these terms and conditions "you" and "your" refer to each customer (user) of the services as the person or organisation listed in the account information recorded, and "we" "us" and "our" refer collectively to Applied IT Savings Limited (Company Number: 6839635 VAT Number: 977727554).
Scope of Agreement
These terms and conditions comprise the agreement between you and us ("The Contract"). This Contract explains our obligations to you and your obligations to us in relation to the service(s) you purchase or receive free of cost as defined below.
This agreement covers the use of the web site www.micro-surveys.com only, and its provision of services which is limited to the facility to connect a keyword you create to a web survey or quiz held by our service and created by you. You are responsible for all content delivered by our ‘Web Service’ and must ensure that you comply with all relevant laws applicable to the intended recipient or end user respondent.
The service provides the ability for you to create your own keyword(s) and use these to invoke a survey or quiz destributed via an 'Micro-Surveys.com' (http://) URL link hosted by our server on the internet.
This URL plus keyword can then be accessed by a web browser (or other application) to invoke your survey. The invocation URL format will be “Micro-Surveys.com/your_keyword”.
Where “your_keyword” is the new keyword created by you in our system. This memorable URL format can then be distributed by you for use as and when required.
Our web service includes the option for the sending of your survey URL as an SMS text message to one or more recipients on their mobile phone. Use of this facility is entirely your own responsibility and you must ensure that you comply with any relevant laws applicable to the sending of SMS text messages before they are sent out from our system. By accepting these terms you agree to indemnify us from any consequences of the use of this facility.
The provisions of this clause relating to your obligations are intended as guidelines and are not meant to be exhaustive.
Generally, you must not breach any third parties rights in the content which you are creating, also, any content or URL links which violates law, regulation or applicable code of practice, or which is reasonably considered to be offensive, defamatory, blasphemous, obscene, abusive, derogatory, of a pornographic nature or otherwise unacceptable, or which is in breach of data protection and privacy principles, or which infringes the intellectual or proprietary rights of any third party, whether or not expressly mentioned in this clause, is prohibited.
We reserve the right at all times to prohibit and or suspend activities that damage or could potentially damage the reputation or goodwill of any third party or our service.
Should you create a keyword and link it to any content which we consider to be encompassed by the clauses defined above then use of the Keyword and link will be suspended.
Any third party who contacts us may request that any survey (to which they are associated) be suspended in which case the URL keyword link will be blocked until the rights to use of your created content can be established.
We reserve the right to refuse any instruction or order for any reason. Where we refuse to proceed, we will notify you that your order will not be processed. If the order has been processed and you have paid our charges they will be refunded.
We may record calls or monitor them for training and security purposes.
Your obligations - Provision of Information
You agree to:
· provide certain true, current, complete and accurate information about you as required by the application process; and
· maintain and update the information you provided to us when using our services as necessary to keep it current, complete and accurate
· respond to and record your personal preferences when using the free of cost service.
We rely on this information to send you important information and notices regarding your account and our services, for example, information relating to the impending expiry and renewal date of a keyword or other service.
We will not be liable in respect of the non-renewal of a service or registration of a keyword if you do not receive our renewal notice due to having failed to notify us of new contact details.
You must ensure that all information submitted is correct as we may not be able to rectify errors.
Your personal preferences (if recorded) will be used by us or by third parties to send you relevant information for the purposes of marketing & promotion to the email address you provided during the registration process through which you have agreed to accept.
Duration (Free Service)
The service is provided free of cost (FOC) for personal use only when you lodge with us your personal preferences, this FOC service is not intended for commercial use or use by a business.
The conditions applicable to a personal use account are that:
· The service is provided for non commercial use and all content must be created for personal use only.
· The survey keyword created must be your name or a variant of your name
· Any web content linked to must either be owned by you or controlled by you.
A personal user records only their name and personal email address to create their account, which remains active for a period of 1 calendar month, the use of this account is renewed monthly by responding to our regular activation email that will be sent requesting that you retain your account and keyword.
Personal use means one single Keyword per person where the Keyword is your name, and the survey or quiz content is created for non commercial use.
Unless otherwise specified the Contract will start when we accept your instruction for service(s), which we will acknowledge in writing by sending you an email to the email address notified to us in your account and will continue in accordance with the terms applicable to the service and for the subscription period applicable to the service(s) in question.
Approximately four (4) weeks prior to expiry of the applicable subscription period, we will remind you of the impending expiry of the service by notice to the then current email address specified by you on your account.
The service will lapse unless either, we receive payment for the extended term of the subscription, or for the FOC service, you complete the applicable marketing preferences form.
We will not be liable in respect of the non-renewal of a service if, having sent you a renewal notice,
· you fail to complete the renewal procedure and where required the applicable payment, or
· you fail to notify us of a change of contact details.
The Contract and any subscription for service may be terminated early by you or us in consideration of any applicable clause within these terms and conditions.
Duration (Paid Service)
To use more than one keyword, you will need to create a full account during the registration process, thereafter, you are able to create as many keywords as you require, each of which are subject to the obligations detailed above.
Each keyword ordered must be paid for at the rate specified in the control panel at the time of order, the life of a keyword is determined according to the fee paid as detailed in the control panel.
The ‘life’ of a keyword can range from 1 month or a number of years, as decided by you at the time of order.
The Contract for each keyword will start when we accept your order for service(s), which we will acknowledge in writing, by sending you an email to the email address notified to us in your account and will continue in accordance with the terms applicable to the service and for the subscription period applicable to the service(s) in question.
Approximately four (4) weeks prior to expiry of the applicable keyword subscription period, we will remind you of the impending expiry of the service by notice to the then current email address specified by you on your account.
The service (keyword) will lapse unless we receive payment for an extension to the term of the subscription.
We will not be liable in respect of the non-renewal of a service if, having sent you a renewal notice, we do not receive the applicable payment via the control panel, or if you fail to notify us of a change of contact details.
The Contract and any subscription for service may be terminated early by you or us in consideration of clauses of these terms and conditions, any fees paid by you applicable to any unused period of service are subject to our refund policy below.
Charges and Payment Methods
Charges are payable as specified in the control panel relating to the service(s) in question and are due at the point of order, or renewal of the keyword, as applicable. You may choose the period of service (life of the keyword) at the point of order.
VAT and other taxes and duties (where applicable) are payable in addition to the charges for the service(s). Payment will be via the PayPal service only.
Refunds are discretionary. All requests for a refund will be considered on their merits and we request that you submit all relevant information and copies of correspondence and any other documents when making your request.
Requests for refunds should be sent as an Email to the Customer Care Team – firstname.lastname@example.org, We will endeavour to deal with requests for refunds within 10 working days.
There is no 'auto-renewal' facility for the services, we will advise you of the impending expiry of (a keyword) the service(s), and give you notice that we will be automatically terminating the service(s) within the next 30 days unless you decide to renew the service and pay the applicable charges.
The notice will be sent to the then current email address specified by you on your Account.
In the event that you choose not to renew the service, we will notify you via e-mail that the keyword will become available for general sale to others 30 days after the expiry of the service period.
It is your responsibility to renew the service. We will not be liable in respect of the non-renewal of a service if, having sent you a renewal notice, we do not receive payment for renewal via the control panel, or if you fail to notify us of a change of contact details.
Termination and suspension
The Contract may be terminated by you:
· at the renewal date by not renewing the subscription in accordance with clauses herein, or
· with immediate effect on giving us written notice of termination, if we are in material breach of any obligation under the Contract and, where we can remedy that breach, have failed to do so within thirty (30) days of receiving notice from you specifying the breach and requiring its remedy, or
· immediately upon written notice if we become insolvent, a receiver is appointed over the whole or any part of our assets, enter into any composition arrangement with creditors, or have an order made or resolution passed for us to be wound up, or
· on a change to the terms and conditions, by serving us notice in accordance with clauses herein.
We shall be entitled to terminate the contract immediately on serving written notice if:
· you do not pay to us by its due date any sum due;
· the supply of the service to you may (in our reasonable opinion) expose us to the risk of litigation or other civil proceedings;
· you commit any other material or repeated breach of this agreement and, if it is capable of being remedied, fail to remedy such breach within fifteen (15) days from the date of the first notice specifying the nature of the breach and requesting its remedy;
· you become bankrupt, enter into an arrangement with your creditors, or have a receiver or administrator appointed over all or any part of your assets.
You acknowledge that, termination of the Contract for any reason will result in us ceasing to provide all the service(s), with all the consequences that flow from such cessation, including (but not limited to), deletion of your keyword(s) and there associated surveys.
We may, at our sole discretion and without prejudice to any rights we may have to terminate the Contract, suspend the provision of the service(s) immediately on sending you written notice if;
· we are entitled to terminate the Contract pursuant to relevant clauses, or
· we need to comply with an order, instruction or request of government, an emergency services organisation or other competent administrative or regulatory authority which affects our ability to provide the service, or
· we reasonably believe you will fail to pay any amount due under the Contract, or
· we receive a complaint from a third party relating to a Keyword or content you have created, or
· you fail to complete the recording of your preferences when using the FOC service, or
· you mis-use or fail to comply with any regulation relating to the use of the SMS text sending service.
Exclusions and Limitations
We will not be liable whether in contract, tort including negligence, or otherwise, to you for
(i) loss or destruction of data, profits, savings or contracts, or
(ii) any indirect or consequential loss or damage, profits, savings or contracts, or
(iii) any indirect or consequential loss or damage, costs, expenses or other claims for compensation relating to the use or the inability to use or in any other way related to or in connection with the provision of the service.
Service Level Agreement
We undertake to use reasonable care in maintaining and monitoring our systems and services but, where we use such reasonable care, we will not be liable for any damages or losses whether direct or indirect that you may suffer as a result of service or systems failure caused by systems or services under our control which result in our systems or services being available for you to use for less than the normally accepted time they should be available under the Contract. Where such systems or service failure is caused by systems or services not under our control, we will not be liable for any damages or losses whatsoever.
We will not be liable for loss of access to the service or to any other survey content or failure to deliver SMS messages.
Our liability to you under this Contract (including, for the avoidance of doubt, but not limited to the service level agreement and the refund policy) will not exceed £500.
It is your responsibility to ensure that any content linked to by your keyword(s) is adequately protected from viruses, worms or other disabling devices. We will not be liable for any damages or losses whether direct or indirect that you or any one who uses your link may suffer as a result of any virus, Trojan horse or other disabling device that affects services or systems, whether under our control or otherwise, caused by your failure to adequately protect its system.
You and we expressly exclude any rights of third parties who may otherwise be entitled to enforce the terms of the Contract as if they were a party to it.
Your statutory rights relating to the use of reasonable care and skill in the provision of the service are not affected by the terms and conditions of the Contract. For further information about your statutory rights contact your local authority Trading Standards Department or Citizen's Advice Bureau.
You will indemnify us against all costs, claims, damages and losses incurred by us as a result of any claims that any of the keyword names infringe the intellectual property rights of any third party.
If you have a complaint about any aspect of the service(s) please write to us in the first instance by email to email@example.com, when we will respond within 3 working days.
By registering for the FOC personal service(s) you consent to us using and/or disclosing any personal information as follows:
· We may retain the information that you provide and from time to time may use this information to offer you other services that we feel may be of interest to you both from us and other companies.
· We may send you marketing information by e-mail. If you do not wish to receive this information then you must stop using the free of cost personal account and purchase your keyword(s) using a full account, then notify us by e-mail and we will remove you from our mailings list.
All notices which are required to be given under the Contract must be sent as follows:
· To us by logging an enquiry through your online Control Panel or by writing to us by first class registered post at Applied IT Savings Ltd., 29, Knighton Lane, Leicester, LE2 8BG.
· To you by email transmission to the email address registered on the Account Details page of your online Control Panel on the date when notice is sent.
· Any notice delivered to you shall be deemed to have been received by you by email transmission on the date notice is sent.
· Any notice delivered to us by logging an enquiry through your online Control Panel and / or by first class registered post shall only be deemed to have been received and accepted by us on acknowledgment to you by email (this does not include any auto responder sent by us) or by signing for the registered post.
There is no control panel option to provide for the transfer of a Keyword from one account to another, any requirement to transfer a keyword name from your account to another account may be accomplished by writing using email to firstname.lastname@example.org .
If we become aware of any dispute with any other person or business or organisation regarding the keyword names or any of your destination links, we may, at our sole discretion, and without notice or liability to you, cease any further use or service of such keyword names including, without limitation, deleting or suspending them from our computer systems, and/or making appropriate representations or providing information to any relevant authority or interested party.
Changes to the terms and conditions
We may alter or amend the terms and conditions at any time to comply with changes in regulatory requirements or by reason of changes in the terms of business or working practices of our suppliers or developments in technology upon giving you not less than twenty one (21) days' notice in advance by email, and/or by posting the alteration on our website.
We will set out the reasons for this alteration and the date it is to take effect. We will send the notice by email and will send it to the Email address last notified to us (it is your obligation to keep your information up to date).
Except where the change is as a result of legislative or regulatory requirements, if you do not wish to continue with the service as a result of the change to the terms and conditions, you may terminate the Contract without penalty by giving us written notice to reach us not less than seven (7) days before the date when the alteration to our terms and conditions is to take effect. If we do not receive such a notice from you prior to that date, and/or if you continue to use the service after sending us a notice, you will be deemed to have accepted the alteration.
Under this contract, you may not re-sell or sub-license the Contract or the service(s).
Should you wish to re-sell the ‘MicroSurveys’ service(s) then email email@example.com in the first instance.
If any provision of this Contract is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that will not affect or impair:
· the legality, validity or enforceability in that jurisdiction or any other provision of this Contract; or
· the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of this Contract.
Any delay or failure by either of us in enforcing any right under the Contract is not a waiver of that right and will not prevent that right or any other right or remedy from being exercised or enforced.
In the Contract we are independent contractors and nothing in the Contract will give rise to any joint venture or partnership between us.
The provision of the service(s) and the application of these terms and conditions and interpretation of the Contract are governed by English law and subject to the jurisdiction of the English courts.
We shall not be liable for any breach of our obligations hereunder where the breach results from causes beyond our control including, without limitation, restrictions of a legal or regulatory nature ("force majeure") and we have acted reasonably and prudently to prevent and to minimise the effect of such causes. For the avoidance of doubt, where we suffer the event of force majeure, you shall not be liable to pay for services not delivered by us.
For the avoidance of doubt, where you suffer a force majeure event, you shall still be liable to pay any charges or fees which become due and payable for services supplied by us during the event of force majeure.
We may need to change the service as a result of legislative, regulatory or other changes requiring us to do so. We will endeavour to provide you with twenty one (21) days' notice in advance of such alteration taking effect, but cannot always guarantee to do so.
We may also need to temporarily suspend the service without notice in order to repair, maintain or improve the service or our network, or in an emergency. If we need to do this, we will try to keep you informed and will try to keep interruptions to a minimum, but we cannot always guarantee to do so.
December 2012 v.1