TERMS OF SERVICE

TERMS OF SERVICE

Effective from (01/08/2020)




1.     Overview

This website https://www.predatex.co.uk  is operated by PREDATEX LTD. Throughout the site, the terms “we”, “us” and “our” refer to PREDATEX LTD. PREDATEX offers this website, including all information, tools and services available from this site to you, the user (“Client”, “You”, “you”, and “user”), conditioned upon your acceptance of all terms, conditions, policies and notices stated here or made available by reference or hyperlinks.


2.     The Contract

·        All business transactions between PREDATEX and You (the Client) will be solely based on contractual agreement and services offering obligations and will be limited to the purpose of service delivery, and that no partnership or joint venture is intended or implied by either party.

·        You represent and warrant that none of the following infringes any intellectual property right: your provision of information to us, and our use of such content (including of works derived from it) in connection with the Services.

·        The Contract is personal to you and cannot be transferred without prior Written consent from PREDATEX which will be subject to our acceptance under no obligations.

·        Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by PREDATEX shall be subject to correction without any liability on the part of PREDATEX.

 

3.     Acceptance

It is not necessary for any Client to have signed an acceptance of these terms of service for them to apply. If a Client accepts a quote, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these Terms of Service in full.

Please read these Terms of Service carefully. Any purchase or use of our services implies that you have read and accepted our Terms of Service.

4.     Project Terms

·        All estimates/quotes are based on our understanding of your requirements / job description and as per given time-frame. Any changes to the functionality, may incur additional costs accordingly. By accepting a quote, you agree to and accept the Terms of Service of PREDATEX LTD. Acceptance can be verbal, by email, payment of Initiation, signing a quote.

·        Clients are to ensure that we have included all requirements in the quotes/proposals/estimates and that we fully understand their requirements. Clients must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our understanding of the requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your project and ensure that you have been quoted on the right requirements.

·        Any complexity related to specific tasks, must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by PREDATEX.

·        PREDATEX will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified. Any delays at client’s end, may delay the project and proposed timeframes and may incur additional costs.

·        Any bugs (programming errors) reported during or just after the project development does not attract additional charges.

·        Any re-work on an already completed task will attract additional charges. Any changes in the project design after the design approval will incur additional charges.

·        Any modifications requested during the graphic design, web or app development will incur additional charges. All additional work, over and above the estimates is charged separately. Under no circumstances will PREDATEX be liable for any delays caused by change in the project brief.

·        Content and all related materials for the project need to be provided to us within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond reasonable timeframe.

·        Our websites are generally tested on PCs and include near recent versions of following browsers: IE, Firefox, Chrome & Safari. If you require testing to be done on any other browser, please let us know in advance.

·        Please note that at any stage during the project, stalling of the project for over two calendar months will incur £49/week administration costs. If you require the project to be put on hold, please advise us in writing in advance. To put the project on hold without incurring additional charges, we will need the account to be up to date based on the work done. Further details can be discussed if such a situation arises.

·        For website and app development, if clients choose to use a third party hosting / server. It is then client’s responsibility to update all components and third party software. We suggest you to take regular back-ups to avoid any disruptions.

·        PREDATEX offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the Terms of Service herein.

·        The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third party software in your project. We will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the client agrees not to penalize us for any genuine delay, when every effort to keep the project on the proposed schedule is taken.

·        All communications/correspondences are generally done via our contact forms on the website or emails. It is client’s responsibility to keep us updated with their relevant email addresses.

 

5.     Payment Terms

All prices are quoted in £ (Pounds) unless otherwise specified. All invoices are to be processed as per the payment schedule via your preferred method of payment. Receipt of payment is deemed as acceptance of the quote, delivery, project and terms & conditions.

All new projects require an initial 50% deposit that will be due at contract signing. The remaining 50% balance will be due upon acceptance of the completed project before it is released to the client or published to the internet.

All new projects that exceed £1000 can be split into three payments. An initial deposit of 1/3 of the total project cost will be due at contract signing. A second payment of 1/3 the total project cost will be due upon acceptance of the design. The final balance will be due upon acceptance of the completed project before it is released to the client or published to the internet.

PREDATEX retains the right to hold all graphics, and project development with the exception of content and graphics provided by the client, until payment is received for such items. (see copyright & ownership clause)

For minor or once-off works, payments need to be made either in advance or as per the terms mentioned in the invoice/proposal. If you require any changes to the terms, you must inform us in writing (emails accepted) within two working days of the receipt of the same.

Late fees and charges: All outstanding invoices will incur a late payment fee of 10% of the pending amount as an administration fee, from the due date.

Due date: Is the date on which the payment is due as per the terms on the invoice/proposal

Outstanding Invoice: An invoice is deemed to be outstanding if the payment is still due after 14 days of the expiry of the due date.

If you are late with a payment or have any queries regarding the Invoice, please contact us immediately on receiving the invoice or reminder emails. All communications / correspondences are generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.

6.     Automatic Renewal

All subscription to our goods and service made by customers on our platform will continue indefinitely until terminated in accordance with the terms of this Agreement. Following the end of a current subscription period your account will be charge for the renewal which will commence on the first day after the end of such period, and continue for an additional equivalent period.

You hereby agree that we can charge your Account for this automatic renewal feature unless you cancel your subscription at any time prior to the Renewal Commencement Date by logging into your Account or contacting our customer care agent (check the contact us section of this document). If you do not wish your Account to renew automatically, or if you want to change or terminate your subscription, please log in and go to the Change/Cancel Membership page on your Account Settings page. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

7.     Promotion Packages

To benefit from our Promotional offer or Free Trial Plan, registered users will be required to input their valid credit card information when signing up for the free trial. The promotional offer must be used within the specified time of the trial. The payment information you submitted will also be used for future subscription fees should you fail to terminate the trial subscription within the timeframe provided by PREDATEX Ltd.

8.     Web Site Design Credit

All PREDATEX custom web and mobile app design clients will have a Design by: PREDATEX link on their website / app in the footer of every page. By hiring us to work on your website or mobile app project you are agreeing to this, and that you understand that this link may NOT be removed without our consent. You may pay PREDATEX a fee of £200 to have this link permanently removed. Should you have a new layout designed for your site by a company other than PREDATEX, you may remove the credit from your website/app.

9.     Copyright & Ownership

Upon completion of the project, PREDATEX transfers all rights and ownership of CUSTOM designs and programming written by PREDATEX to the client. Software and third party graphics or programs are not transferred to the client and remain under copyright of their respective owners.

PREDATEX reserves the right to resell custom designed websites or mobile applications that remain unpaid by the original client for a period of 6 months, unaccepted designs or other graphics created by PREDATEX but not in legal use by the client can also be sold to other clients.

PREDATEX reserves the right to display websites and graphics that have been designed by PREDATEX on their website, and in any marketing material to aid as examples of our work.

10. Hosting Terms of Service

 

I.           Account Setup


We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

II.           Content

All services provided by PREDATEX may only be used for lawful purposes. The laws of the United Kingdom, relevant international laws including GDPR, PIPEDA, and CalOPPA may apply. The customer agrees to indemnify and hold harmless PREDATEX from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email info@predatex.com.uk with the information required. If the request is of a licensing issue, we may require further documentation.

Examples of unacceptable material on all Shared and Reseller servers include:

·        IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.

·        Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.

Examples of unacceptable material on Dedicated servers include:

·        Pirated Software, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts are prohibited.

·        PREDATEX services, including all related equipment, networks and network devices are provided only for authorized customer use. PREDATEX systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of PREDATEX system(s) constitutes consent to monitoring for these purposes.

·        We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

·        Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via email and will have a response within 48 hours.

·        If in doubt regarding the acceptability of your site or service, please contact us via our contact form or email and we will be happy to assist you.

·        Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

·        Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password.

III.           Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

PREDATEX reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

PREDATEX reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean-up fee. This cost of the clean-up fee is entirely at the discretion of PREDATEX.

IV.           Hosting Payment Information

You agree to supply appropriate payment for the services received from PREDATEX, in advance of the time period during which such services are provided. You agree that until and unless you notify PREDATEX of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellations must be done in writing via the cancellation form provided or via email. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been cancelled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes.

If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of PREDATEX, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. PREDATEX provides a 30-day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 30 days and not paid will result in a £45 late fee and/or an account suspension until account balance has been paid in full.

PREDATEX reserves the right to change the monthly payment amount and any other charges at any time.

V.           Backups and Data Loss

Your use of the service is at your sole risk. PREDATEX is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on PREDATEX servers.

VI.           Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

VII.           Reseller: Client Responsibility

Resellers are responsible for supporting their clients. PREDATEX does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. PREDATEX will hold any reseller responsible for any of their clients’ actions that violate the law or the terms of service.

VIII.           Dedicated Servers

PREDATEX reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our data centre. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. PREDATEX reserves the right to audit servers as needed and to perform administrative actions at the request of our data-centre. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Please contact info.predatex.co.uk if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

 

11. Errors, Inaccuracies and Omissions

Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product charges, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information in the Service or on any related website is inaccurate at any time without prior notice.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

12. Disputes and Liability 

In an event of a dispute, PREDATEX reserves the right to charge the client in full for the work done as well as for the resources spent in managing the dispute. In such an event, PREDATEX reserves the right to charge the client without honouring any discounts that were previously honoured in good faith. Under no circumstances will PREDATEX be liable for any damages arising from misrepresentation or misinformation. PREDATEX reserves the right to refuse service to any client, if these are not aligned with our business operating principles and policies.

PREDATEX provides its services as is, without any guarantees on security or other issues leading to loss of data, sale or reputation. We ensure to the best of our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.

Relationship of PREDATEX with its clients, partners and sub-contractors is of an independent nature. None of the parties have any power, right or authority to interfere or bind the other or assume or create any obligation or responsibility, whether expressed or implied, on behalf of the other or in the other’s name.

13. Arbitration

By using any PREDATEX services, you agree to submit to binding arbitration. If any disputes or claims arise against PREDATEX or its subsidiaries, such disputes will be handled by an arbitrator of PREDATEX’s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

14. Disclaimer of Warranties

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

The website and all services delivered to you are (except as expressly stated by us) provided as is and as available for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall PREDATEX, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

15. Indemnification

Client will indemnify and hold PREDATEX, its licensors, content providers, service providers, employees, agents, officers, directors, contractors and sub-contractors (the “Indemnified Parties”) harmless from your breach of any of these Terms of Service or any other terms, conditions, policies or procedures herein, including, without limitation, any use of content other than as expressly authorized in these Terms of Service. Client agrees that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information obtained from PREDATEX.

16. Force Majeure

PREDATEX will not be liable for any breach of the agreement which is caused by a matter beyond its reasonable control including but not limited to Act of God, fire, lightning, explosion, war, disorder, flood, earth quake, industrial disputes (whether or not involving their employees), extremely severe weather, or acts of local or central government or other competent authorities.

17. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

18. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service we also may terminate this agreement at any time and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

19. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

20. Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom, without giving effect to any principles of conflict of law. You agree that any dispute, difference, controversy, or claim between us or by either of us against the other or the employees, agents, mandatories, officers, directors, successors, assigns or affiliates of the other, arising out of, relating to, or having any connection with, the present terms, this website, any use of this website and any transaction conducted on or from it (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), including any question regarding negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution or annulment and further including the applicability or scope of this clause shall be brought exclusively in a court of competent jurisdiction in United Kingdom.

21. Changes to The Terms of Service

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

22. Contact Information

Questions about the Terms of Service should be sent to us at info@predatex.co.uk. Or contact us here (...).