The terms and conditions set out herein apply to agreement between Judgesmart.com and You, the pursuant, to which Judgesmart.com will supply customers, in consideration for which You shall pay Judgesmart.com the amount agreed as specified in Section 5 of this contract.
Please read these Terms and Conditions carefully. You should only complete the online application form if they are acceptable to You.
1. Definitions
| ‘Act’ |
The Unsolicited Goods and Services Act 1971 as amended |
| ‘Charges’ |
The charges levied by Judgesmart.com for provision of customer information as specified by Section 5 of this contract. In certain cases charges may be Revenue or Time based or Non-recurring charges or any combination of these. |
| ‘Commencement Date’ |
The date as specified in Your Confirmation email on which Your advertisement will be made available to Users |
| ‘Conditions’ |
These Conditions of Contract. |
| ‘Confirmation Email’ |
The email that is sent to You to confirm receipt and processing of Your Order and specification of Your Commencement Date |
| ‘Contract’ |
A contract formed between You and Judgesmart.com comprising Your Order and these Conditions. |
| ‘Database’ |
The electronic Database on which details of You and Your Order and Company details are stored. |
| ‘Customer’ |
Details of Users that have chosen to request contact from You as part of the Judgesmart.com application process |
| ‘Order’ |
A request by You for Judgemsart.com to provide a service |
| ‘Third Parties’ |
Third Party Organisations that may be selected by Judgesmart.com in order to provide additional services or display Your information to Users other than those viewing Judgesmart.com directly |
| ‘We’ or ‘Us’ |
Judgesmart.com |
| ‘You’ or ‘Your’ |
The Person, Partnership, Company or other Organisation that requires Judgesmart.com to provide a service. |
2. Commencement
2.1 The Contract will be formed between Us when You tick ‘I have read and agree to the Terms and Conditions’ on the site.
2.2 Until the Contract has been terminated, in accordance with these conditions, the Contract will continue indefinitely.
3. Our Responsibilities
In providing You with Services, in accordance with these conditions, We will:
3.1 Make Your details available through Judgesmart.com and Third Parties.
3.2 Use reasonable skill and care of a competent provider to provide You with Services.
3.3 On receipt of Your Order provide a Confirmation Email confirming Your start date
3.4 We cannot guarantee that the Customer will be converted into business
3.5 We have a policy of continuing product improvement and reserve the right to alter the style, facilities, operational characteristics and ‘look and feel’ of the site without prior notice to You.
3.6 We may amend these Conditions in the future in writing to You, referring expressly to this Condition 3.6, as soon as possible and not less than 7 days before any such change is to take effect.
3.7 We agree to acknowledge any communication from You in writing. If You do not receive a response from Us then You must get in touch by phone as soon as possible. If communication is not received from You, We accept no responsibility for any loss of business or other action that resulted from non-receipt of Your request.
4. Your Responsibilities
In providing Services to You, You must:
4.1 Meet the obligations and undertakings for each Service and pay the Charges for each Service You have ordered by Direct Debit within 6 working days of the receipt of the Customer information. Should You miss a payment You agree to pay Us all outstanding balances as soon as is reasonably possible.
4.2 If a reduction is shown in respect of a promotional offer on an Order and You continue to fulfil the terms of eligibility relating to that promotional offer then the charge shall be reduced by the amount shown but not otherwise. Terms of eligibility of promotional offers will be made available on request.
4.3 Where the nature of the Service requires periodic attention, such as upkeep and maintenance of an email or SMS system You perform the required maintenance. Should either of these systems suffer problems that would prevent receipt of Customer information You should inform Us in writing as soon as possible and endeavour to correct the problem as soon as possible.
4.4 Ensure that You Use all forms of Customer provision; email, SMS and online account to receive and check receipt of Customer information. We cannot be held responsible for loss of Customer information once it has been dispatched to You.
4.5 Ensure You hold all relevant licences, memberships, qualifications or any other permissions required to perform the Service specified in Your Order. Any change to these licences or permissions must be communicated to Us, in writing, as soon as is reasonably possible.
4.6 You understand that customer information may be delivered by Us 24hrs a day by email, SMS text and online. By agreeing to these conditions You agree to check these methods of communication on a regular basis. You understand that customers will not always turn into business but that these customers will remain chargeable, unless otherwise specified by Our policies in relation to refunds (a copy of which is available on request).
4.7 In performing Your obligations under these conditions You shall act in good faith and exercise all the due skill, care and diligence in provision of service. You shall ensure that Your conduct of business in connection with Us shall comply with all applicable rules and requirements. You shall not act in a way that could have an adverse effect on the reputation of Judgesmart.com or any Third Party.
5. Payment
5.1 Customers will be charged at the rate as specified by You, subject to the minimum cost per Customer as specified by Us. You understand and agree that cost per Customer as specified by Yourself is binding at the time of submission and cannot be reduced at a later date.
5.2 When payment is due in respect of Customers delivered We will send You an invoice and the amount will be deducted from Your account by direct debit. You must ensure that Your account has sufficient funds to allow Us to collect the whole amount shown on the invoice. The charge per Customer is inclusive of VAT and this will be indicated on Your invoice.
6. If We Fail to do What We Agree
6.1 You understand and accept that computer and telecommunications systems are not fault free and may occasionally require periods of downtime for repair, maintenance and upgrade and We cannot therefore guarantee uninterrupted availability. We will however endeavour to minimise any such periods of non-availability.
6.2 You understand and accept that We make no warrant and give no representation of any kind in relation to Third Party Data. We accept no responsibility or liability for inaccuracy in Third Party Data.
6.3 We have no obligation duty or liability in contract, tort, for breach of statutory duty, or otherwise, beyond that of a duty to exercise reasonable skill and care.
6.4 Save as provided for in Section 6.3, if We make an error in, or omission of or from the provision of a service, We will correct this as soon as reasonably practicable and without charge to You. Additionally, We may either reduce the charges for the service as is fair and reasonable having regard to the nature of the error or omission or extend the duration without charge to You. Except as provided for above, this represents the full extent of Our liability to You.
6.5 In any event, We have no liability to You at all, in respect of errors or omissions, whether or not arising from negligence, for any; indirect loss, loss of business, revenue, or profits; wasted expenditure; savings You expected to make; or financial loss of any sort.
6.6 All conditions and warranties, which may be implied (by law or as a result of prior negotiations) into the contract between Us, are excluded to the extent permitted by law.
6.7 We reserve the right to amend, suspend or withdraw any discretionary service element whether generally or specifically in respect of the services provided to You without prior notice and without prejudice to Your liability to continue to pay for the services without reduction or set-off.
7. If You Fail to do What You Agree
7.1 In consideration of the introduction of Customers, You agree to indemnify Judgesmart.com Ltd. and any Third Party against all damages, claims, expenses and other costs incurred or as a result of the introduction of enquirers to You whether during or after the termination of this agreement.
7.2 It is the intention of the parties that the indemnity will continue to exist during any relevant limitation period not withstanding the termination of this agreement for any reason.
7.3 Even if We have a contract with You, and in addition to any other rights We may have, We shall be entitled to prevent the display of the whole or any part or parts of advertisement or any other material available to Users, and without having to tell You, in circumstances where:
We (and We alone) think the advertisement or other material: is unlawful, misleading, offensive, prejudicial or inflammatory; is likely to expose Us to claims, lead Us into prosecution, criticism, or disrepute or cause Us embarrassment; infringes the legal rights of others; or does not comply with Our then current rules on the acceptability of advertising (a copy of which We will provide on request) or if the publication of an advert does, or would, in Our opinion, be likely to mislead offend, or disadvantage a User of Our services or misrepresents the nature of the goods or service being advertised or the place or places from which You conduct business.
You fail to pay Our charges when they are due. The period which We may prevent the display of advertisements or other material will continue until the whole payment is made or until the contract is terminated in accordance with section 9 below.
In the event of any of the preceding circumstances, You will still have to pay any charges owing or that arise during the period when display of the advertisement or other material is prevented.
7.4 We have no liability to You arising from service failure if such failure is as a result of Your failure to comply with Your obligations under Condition 4.3 above.
8. Things Beyond Your or Our Reasonable Control
8.1 If We fail to do what We agree because of something outside Our reasonable control, We will have no liability to You due to it. If You fail to do what You agreed because of something outside Your reasonable control You will have no liability to Us because of it.
9. Cancellation of agreement
9.1 We can cancel the contract immediately without penalty:
If You fail to pay any money owed to Us
If You fail to carry out anything that You have agreed to in this contract
If any bankruptcy or insolvency agreements are bought against You, or a receiver, an administrative receiver or an administrator is appointed over any assets or, if You are a company, You go into voluntary liquidation (except for the purposes of amalgamation or reconstruction).
By giving not less than seven days notice in writing to You at any time.
9.2 You may cancel the agreement with Us at any time by submitting Your cancellation request in writing to Judgesmart.com.
9.3 Any cancellation will be actioned within 24 hours of receipt, Customers received between submission of Your cancellation request and actual cancellation will be deemed chargeable.
10. Law
The contract is made and shall be subject to the Law’s of England |
