WPPR terms

"us, our, we": E-CRM Solutions Limited, a company registered in England and Wales, company registration number: 3883699. Registered office: Bank House, Southwick Square, Southwick, West Sussex, BN42 4FN who are the service supplier.

"you, your": the client being the purchaser of the service, who enters into this contract with us.

“the service”: The provision by EMail of HTML reports generated in accordance with the details supplied to us by you, such details having been provided to us exclusively in the manner requested by us from time to time.

“client area”: An area designated from time to time by us, into which those of our customers utilising the service are able to gain access and view their reports, change the phrases used in their reports, change their contact details and change their competitor URLs.

The initial term of the contract shall be 14 days for a free trial. If the service is not cancelled within the 14 day period a charge for 1 month will be made. The service shall automatically be renewed thereafter for further monthly periods with no break in coverage, unless and until the service is terminated by either party in accordance with the terms of this contract.

You will pay via PayPal via our website or in such other manner as may be agreed. Payment for the service, after the trial period, is due immediately.

We may terminate this contract if your payment fails. Termination may lead to loss of all data and we cannot be responsible for this loss.

You may terminate this contract immediately only using the cancellation page. No monies paid to us prior to cancellation are refundable.

Either party may terminate this contract immediately if the other party goes into liquidation or makes any arrangement or composition with its creditors or is otherwise unable to pay its debts within the meaning of Section 123 Insolvency Act 1986.

Termination of this contract does not affect the rights and liabilities of either party subsisting at the date of termination.

On termination of this contract by either party for any reason, we shall cease to provide all services to you with immediate effect and all charges for the service shall become due and payable in full immediately and you shall have no right to withhold or set off such amounts.

All copyright, database rights, patents, trade secrets and other proprietary and intellectual property rights including all future intellectual property rights created by statute or otherwise and all information (including, but not limited to, all or any part of the following material: the contract, the content or the code or the design, the clients area, the reports or of any of our websites), which we may provide to you shall (as between the parties) at all times remain proprietary and confidential to us and our suppliers and you shall not acquire any such intellectual property rights or licence to such rights.

You agree that you shall compensate us for any expenses, including but not limited to court costs, travel, lodging and solicitors fees, which we incur in the course of pursuing you in connection with any infringement by you, your employees, agents or representatives, of our intellectual property rights, provided fault is admitted by you and/or the court rules in our favour

Our intellectual property rights survive the termination of this contract.

We shall not be liable for the results of events outside of our reasonable control.

We shall not be liable to you nor to any third party under this Agreement in contract, tort or otherwise for any direct or indirect loss of profit, anticipated savings, business, contracts, revenue, time, goodwill or loss of or harm to data or other content or for any other indirect or consequential loss.

You acknowledge that we shall not be liable to you in respect of any loss or damage arising from your use of or reliance upon any advice or information provided by us.

Subject to the other provisions of this contract, any liability we may have to you in contract, tort, or otherwise in connection with the supply or non-supply of the service and this Agreement shall be limited in each calendar year to damages equal to the amounts paid to us since the latest renewal of the service.

We / you shall ensure that our / your suppliers, employees, agents, and sub-contractors shall keep confidential and may not disclose to any third party any material or information relating to the contract and/or your / our business which we / you may acquire in the course of or in accordance with this contract, with the exceptions that it may be disclosed where such information or material was in our / your possession and we / you had the full right to disclose it prior to the formation of the contract between you and us, or where we / you are required to do so by law, or where we you are disclosing it during the course of legal action between yourselves and us (instigated by either party), in which case disclosure may only be made to the court and to any expert witnesses retained during the course of such proceedings.

Subject to the whole of this contract, we will provide the service in accordance with the options selected by you.

The service shall be provided at a frequency of your choosing, but no more than once in any seven-day period for any one website.

In the event of our being unable, for any reason (other than termination of the contract), to provide the service to you for a period in excess of seven days, we shall waive our rights to 1.5% of the fee charged to you in respect of the report affected, which was to cover the period during which the interruption to the service has taken place

Any fees waived by us but already paid by you shall either, at our discretion, be used as credit against your future invoices or returned to you.

The contract supersedes and replaces all prior communications, drafts, contracts, representations, warranties, undertakings and agreements of whatever nature whether oral or written, between the parties to the contract.

If any term or provision in this contract shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of this agreement but the validity and enforceability of the remainder of the agreement shall not be affected.

The waiver or forbearance or failure of a party in insisting in any one or more instances on the performance of any provision of this contract shall not be construed as a waiver or relinquishment of that party's rights to future performance of such provision.

The interpretation, construction, effect and enforceability of this contract shall be governed by English Law, and the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

We may alter the terms of this agreement at any time and inform you of such alterations in writing. Such changes become part of this contract as soon as they are live on this site.