Terms and conditions of use
SnagBuild®
1. Introduction
1.1 These terms and conditions shall govern
your use of SnagBuild.
1.2 By using our Application/Website, you
accept these terms and conditions in full; accordingly, if you disagree with
these terms and conditions or any part of these terms and conditions, you must
not use our Application/website.
1.3 If you register with our website, submit
any material to our website or use any of our website services, we will ask you
to expressly agree to these terms and conditions beforehand.
1.4 You must be at least 18 years of age to
use our Application/Website; by using our Application/Website or agreeing to
these terms and conditions, you warrant and represent to us that you are at
least 18 years of age.
1.5 Our website uses cookies; by using our
website or agreeing to these terms and conditions, you consent to our use of
cookies in accordance with the terms of our [privacy and cookies policy].
2. Copyright
notice
2.1 Copyright 2020 Sanbuild Ltd.
2.2 Subject to the express provisions of
these terms and conditions:
(a) we, together with our licensors, own
and control all the copyright and other intellectual property rights in our
website and the material on our website; and
(b) all the copyright and other
intellectual property rights in our website and the material on our website are
reserved.
(c) you are prohibited at any time from copying,
manipulating and/or using any of the system and code outside of your
registered plan. This applies during and after any plan
registration/Use/discontinuation of the Application/Website
3. License
to use Application/Website
3.1 You may:
(a) view pages from our Application/Website
in a web browser;
(b) download pages from our Application/Website
for caching in a web browser;
(c) print pages from our Application/Website;
(d) use our Application/Website services by
means of a web browser, subject to the other provisions of these terms and
conditions.
3.2 Except as expressly permitted by Section
3.1 or the other provisions of these terms and conditions, you must not
download any source code or code or other material from our website or save any such material to your computer.
3.3 You may only use our Application/Website
for your own personal and business purposes, and you must not use for any other
purposes.
3.4 Except as expressly permitted by these
terms and conditions, you must not edit or otherwise modify any material on our
Application/Website.
3.5 Unless you own or control the relevant
rights in the material, you must not:
(a) republish material from our website
(including republication on another website);
(b) sell, rent or sub-license material from
our website;
(c) show any material from our website in
public;
(d) exploit material from our website for a
commercial purpose; or
(e) redistribute material from our website.
3.6 Notwithstanding Section 4.5, you may
redistribute our contact information in print and electronic form to any person
interested in joining .
3.7 We reserve the right to restrict access
to areas of our Application/Website, or indeed our whole Application/Website,
at our discretion; you must not circumvent or bypass, or attempt to circumvent
or bypass, any access restriction measures on our Application/Website. Only when your first months subscription is paid do you have any rights to data, or uploaded or input of material, and will only remain available whilst the subscription fees are paid in full. Your account and data may be removed or restricted at SnagBuild's discretion if your subscriptions are not up to date.
3.8 General Data Protection Regulation (GDPR) Compliance.
Users of our site need to comply with GDPR. This applies to users collecting
other user information and installing on our system.
Consent: Under the new regulations, companies and users of must keep
a thorough record of how and when an individual gives consent to store and use
their personal data. Consent will mean active agreement.
4. Acceptable
use
4.1 You must not:
(a) use our website in any way or take any
action that causes, or may cause, damage to the website or impairment of the
performance, availability or accessibility of the Application/Website;
(b) use our Application/Website in any way
that is unlawful, illegal, fraudulent or harmful, or in connection with any
unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our Application/Website to copy,
store, host, transmit, send, use, publish or distribute any material which
consists of (or is linked to) any spyware, computer virus, Trojan horse, worm,
keystroke logger, rootkit or other malicious computer software;
(d) It is prohibited to conduct any
systematic or automated data collection activities (including without
limitation scraping, data mining, data extraction and data harvesting) on or in
relation to our Application/Website without our express written consent.
(e) access or otherwise interact with our Application/Website
using any robot, spider or other automated means, except for the purpose of
search engine indexing;
(f) violate the directives set out in the
robots.txt file for our Application/Website; or
(g) use data collected from our Application/Website
for any direct marketing activity (including without limitation email
marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must not use data collected from our
Application/Website to contact individuals, companies or other persons or
entities.
4.3 You must ensure that all the information
you supply to us through our Application/Website, or in relation to our Application/Website,
is true, accurate, current, complete and non-misleading.
5. Registration
and accounts
5.1 To have an account on our Application/Website
under this Section 6, you must be first registered to .
5.2 You may register for an account with
by completing and submitting the account registration form on our Application/Website
when clicking on the Purchase link.
5.2.1 You must validate your account with your email to use the site. Un-validated accounts may be at our discretion removed after 30 days and you will need to re register to use this app.
5.3 You must not allow any other person to
use your account to access the Application/Website.
5.4 You must notify us in writing
immediately if you become aware of any unauthorised use of your account.
5.5 You must not use any other person's
account to access the Application/Website, unless you have that person's
express permission to do so.
. FREE TRIAL OR PERIOD
5.a.1 Users on free trial or period are subject to all of the terms and conditions-as paid or subscribed users. Quicksnag or SnagBuild may extend or cancel or suspend the Free or Trial period at any time subject to 1 months notice.
5.a.2 Paid, Free or Trial period users are encouraged to reularly save data using the Print function, The print file data can be saved to your own device using this method or posted in an email for safekeeping.
6. User
login details
6.1 If you register for an account with
, we will provide you with a user ID and password. The password can be changed by the registered
user to that password if required.
6.2 Your user ID must not be liable to
mislead and must comply with the content rules set out in Section 9; you must
not use your account or user ID for or in connection with the impersonation of
any person.
6.3 You must keep your password/log-in
confidential.
6.4 You must notify us in writing
immediately if you become aware of any disclosure of your password.
6.5 You
are responsible for any activity on our website arising out of any failure to
keep your password confidential, and may
be held liable for any losses arising out of such a failure.
7. Cancellation
and suspension of account
7.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details at any time in
our sole discretion without notice or explanation.
7.2 You may cancel your account with
at any time by contacting Admin in writing.
8.0
Service Level Performance Criteria
Service uptime, Downtime and maintenance.
shall endeavor to provide to all Subscribers to 99% system uptime per
month (scheduled maintenance and system upgrades will not count against the
uptime). Uptime is defined as time when
the services may be accessed and used by Subscribers/End-users. The determination of Service Uptime will be
calculated using a historical monthly percentage.
shall provide all
Subscribers with at least twenty-four (24) hours notice of any scheduled
maintenance on the service. will use commercially reasonable efforts
to conduct maintenance during non-business/working hours only (as defined
below). This notice period shall not
apply in the event a subscriber wants an immediate change to their
subscription service to accommodate any internal or compliance changes. shall use good faith efforts to
promptly notify current subscribers to their Application/Website of any outages
or Downtime that it anticipates or discovers during the term of this agreement.
Specifically excluded from the
definition of Downtime are:
(a)
Network
errors outside of the control of or agents of ;
(b)
Server
errors and limitations set by third-party service providers including, but not
limited to, ;
(c)
Planned
maintenance announced at least twenty-four (24) hours prior;
(d)
Maintenance
performed between 9pm and 1am GMT;
(e)
Outages
resulting from the actions of a Subscriber, its employees and agents,
other than through normal use of the Application/Website or services;
(f)
Any
other unavailability caused by circumstances beyond s reasonable
control including without limitation: acts of God, acts of Government, floods,
fires, earthquake, civil unrest, acts of terror, strikes and other labour
issues, Internet service provider failures or delays or denial of service.
9. Your
content rules
9.1 You warrant and represent that your
content will comply with these terms and conditions.
9.2 Your content must not be illegal or
unlawful, must not infringe any person's legal rights, and must not be capable
of giving rise to legal action against any person (in each case in any
jurisdiction and under any applicable law).
9.3 Your content, and the use of your
content by us in accordance with these terms and conditions, must not:
(a) be libelous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right,
database right, trade mark right, design right, right in passing off, or other
intellectual property right;
(d) infringe any right of confidence, right
of privacy or right under data protection legislation;
(e) constitute negligent advice or contain
any negligent statement;
(f) constitute an incitement to commit a
crime, instructions for the commission of a crime or the promotion of criminal
activity;
(g) be in contempt of any court, or in
breach of any court order;
(h) be in breach of racial or religious
hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets
legislation;
(k) be in breach of any contractual
obligation owed to any person;
(l) depict
violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or
sexually explicit;
(n) be untrue, false, inaccurate or
misleading;
(o) consist of or contain any instructions,
advice or other information which may be acted upon and could, if acted upon,
cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be
offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social,
menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or
needless anxiety to any person.
10. Limited
warranties
10.1 We do not warrant or represent:
(a) the completeness or accuracy of the
information published on our Application/Website;
(b) that the material on the Application/Website
is up to date; or
(c) that the website or any service on the Application/Website
will remain available.
10.2 We reserve the right to discontinue or
alter any or all of our Application/Website services, at any time in our sole
discretion without notice or explanation; and save to the extent expressly
provided otherwise in these terms and conditions, you will not be entitled to
any compensation or other payment upon the discontinuance or alteration of any Application/Website
services.
10.3 To the maximum extent permitted by
applicable law and subject to Section 12.1, we exclude all representations and
warranties relating to the subject matter of these terms and conditions, our Application/Website
and the use of our Application/Website.
11. Limitations
and exclusions of liability
11.1 Nothing in these terms and conditions
will:
(a) limit or exclude any liability for death or
personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or
fraudulent misrepresentation;
(c) limit any liabilities in any way that
is not permitted under applicable law; or
(d) exclude any liabilities that may not be
excluded under applicable law.
11.2 The limitations and exclusions of
liability set out in this Section 12 and elsewhere in these terms and
conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under
these terms and conditions or relating to the subject matter of these terms and
conditions, including liabilities arising in contract, in tort (including
negligence) and for breach of statutory duty, except to the extent expressly
provided otherwise in these terms and conditions.
11.3 We will not be liable to you in respect of
any losses arising out of any event or events beyond our reasonable control.
11.4 We will not be liable to you in respect of
any business losses, including (without limitation) loss of or damage to
profits, income, revenue, use, production, anticipated savings, business,
contracts, commercial opportunities or goodwill.
11.5
will not be liable to you in respect of any loss or corruption of any data,
database or software.
11.6 We will not be liable to you in respect of
any special, indirect or consequential loss or damage.
11.7 You accept that we have an interest in limiting the personal
liability of our officers and employees and, having regard to that interest,
you acknowledge that we are a limited liability entity; you agree that you will
not bring any claim personally against our officers or employees in respect of
any losses you suffer in connection with the website or these terms and
conditions (this will not, of course, limit or exclude the liability of the
limited liability entity itself for the acts and omissions of our officers and
employees).
12. Breaches
of these terms and conditions
12.1 Without prejudice to our other rights
under these terms and conditions, if you breach these terms and conditions in
any way, or if we reasonably suspect that you have breached these terms and conditions
in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our
Application/Website;
(c) permanently prohibit you from accessing
our Application/Website;
(d) block computers using your IP address
from accessing our Application/Website;
(e) contact any or all of your internet
service providers and request that they block your access to our
Application/Website;
(f) commence legal action against you,
whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our
Application/Website.
12.2 Where we suspend or prohibit or block your
access to our website or a part of our website, you must not take any action to
circumvent such suspension or prohibition or blocking (including without
limitation creating and/or using a different account.
13. Variation
13.1 We may revise these terms and conditions
from time to time.
13.2 The revised terms and conditions shall
apply to the use of our Application/Website from the date of publication of the
revised terms and conditions on the site, and you hereby waive any right you
may otherwise have to be notified of, or to consent to, revisions of these
terms and conditions. OR We will give you written notice of any revision of
these terms and conditions, and the revised terms and conditions will apply to
the use of our website from the date that we give you such notice; if you do
not agree to the revised terms and conditions, you must stop using our
Application/Website.
13.3 If you have given your express agreement
to these terms and conditions, we will ask for your express agreement to any
revision of these terms and conditions; and if you do not give your express
agreement to the revised terms and conditions within such period as we may
specify, we will disable or delete your account on the Application/Website, and
you must stop using the Application/Website.
14. Privacy Policy
14.1 Gathering
of Personally-Identifying Information. Certain
visitors to s websites choose to interact with in ways that
require to gather personally-identifying information. The amount and
type of information that gathers depends on the nature of the
interaction. For example, we ask visitors who sign up for a plan at
https://snagbuild.co.uk to provide information during the sign up procedure.
14.2 Security
The security of your Personal Information is very
important to us at SnagBuild. We will
not knowingly store, share or
harvest any information entrusted to us during the sign up process with
. Whilst our policy is to provide the security, remember that no
method of transmission over the Internet, or method of electronic storage is
100% secure. While we strive to use commercially acceptable means to protect
your Personal Information, we cannot guarantee its absolute security.
14.3 Protection of Certain Personally-Identifying
Information
discloses potentially
personally-identifying and personally-identifying information only to those of
its employees, contractors and affiliated organizations that (i) need to know
that information in order to process it on s behalf or to provide
services available at s Application/Website, and (ii) that have
agreed not to disclose it to others.
will not rent or sell potentially personally-identifying and
personally-identifying information to anyone.
14.4 If
you are a registered user of https://snagbuild.co.uk and have supplied your email
address, may occasionally send you an email to tell you about new
features, solicit your feedback, or just keep you up to date with whats going
on with and our products. We primarily use our Website to communicate
this type of information, so we expect to keep this type of email to a minimum.
If you send us a request (for example via a support email or via one of our
feedback mechanisms), we reserve the right to respond to your request or to
help us support other users. takes all measures reasonably necessary
to protect against the unauthorized access, use, alteration or destruction of
potentially personally-identifying and personally-identifying information.
15. Fees and Subscription Payments.
(a)
The Fees for the
use of s services (the Subscription Fees) are described in the
Order and are calculated, as specified, based on either the number of end-users
and volume of usage.
(b)
Subscribers may
increase service usage at any time during the term. The subscriber will be
charged in full according to the pricing set on the Order form for any portion
of a calendar month during which usage of services is increased. Although subscribers may decrease and or
cancel at any time their subscription there will be no refunds. This will be
regardless of non-payment, non-use or other conduct or inaction, and all fees
will be due through to the end of the subscription terms.
(c)
Payment of
subscription fees to shall be made monthly and on the required date
set out at the start of the subscription with , prior to the beginning
of each term. Additional services
provided by will be invoiced at the end of the month in which they
are ordered. All invoices will be due
within thirty (30) days of the date on the invoice unless otherwise specified
by Admin or in the order form. Any
bespoke services for any subscribers to will be agreed by both
parties ( and the Subscriber) before any subscription start.
16. Assignment
16.1 You hereby agree that we may assign,
transfer, sub-contract or otherwise deal with our rights and/or obligations
under these terms and conditions.
16.2 You may not without our prior written
consent assign, transfer, sub-contract or otherwise deal with any of your
rights and/or obligations under these terms and conditions.
17. Severability
17.1 If a provision of these terms and
conditions is determined by any court or other competent authority to be
unlawful and/or unenforceable, the other provisions will continue in effect.
17.2 If any unlawful and/or unenforceable
provision of these terms and conditions would be lawful or enforceable if part
of it were deleted, that part will be deemed to be deleted, and the rest of the
provision will continue in effect.
18. Third
party rights
18.1 A contract under these terms and
conditions is for our benefit and your benefit, and is not intended to benefit
or be enforceable by any third party.
18.2 The exercise of the parties' rights under
a contract under these terms and conditions is not subject to the consent of
any third party.
19. Entire
agreement
19.1 Subject to Section 12.1, these terms and
conditions, together with our privacy and cookies policy shall constitute the
entire agreement between you and us in relation to your use of our website and
shall supersede all previous agreements between you and us in relation to your
use of our website.
20. Law
and jurisdiction
21.1 These terms and conditions shall be
governed by and construed in accordance with English law.
21.2 Any disputes relating to these terms and
conditions shall be subject to the exclusive OR non-exclusive jurisdiction of
the courts of England.
21. Statutory
and regulatory disclosures
21.1 We are registered as SnagBuild.
21.2 We are registered as with
in the United Kingdom.
22. Our
details
22.1 This website is owned and operated by
Sanbuild Ltd.
22.2 We are registered in England and Wales under
registration number 09650375
22.3 Our principal place of business is in the
UK.
22.4 You can contact us:
(a) using our website contact form;
(b) by telephone, on the contact number
published on our website from time to time; or
(c) by email using: info@snagbuild.com or sarah@snagbuild.co.uk or the address
published on our website.