Terms and Conditions
- Introduction: The Kieser.net service is a web-space and internet domain service provided by Kieser Consultancy Limited and use of the system (hereafter Kieser.net) is at all times subject to the terms and conditions of this Agreement. This Agreement constitutes the entire agreement between you as an authorized user and Kieser.net and by using Kieser.net's services, you confirm your acceptance of, and agree to be bound by, this Agreement.
- Agreement to terms and conditions: This Agreement takes effect on the date on which you first use or test Kieser.net or when you pay for their services, whichever is the earliest. From time to time, it will be necessary to update the terms and conditions. We undertake to give you, wherever possible, 7 days notice of any change and you agree to be bound by the new terms and conditions by your use of the system after the implementation date for them. We reserve the right to impose immediate implementation of new terms and conditions where necessary for the protection of the system. Should you find any new terms and conditions unacceptable, then you will be granted a refund of any unexpired part of your subscription and you agree that, save for this refund, you will not make any claims whatsoever for compensation in relation to the cancellation or withdrawal of your subscription. You are responsible for reviewing regularly information posted online in the terms and conditions pages. For the avoidance of doubt, a user during the free-rental or free trial period of Kieser.net shall be governed by this agreement as if a full user.
- Information Provided by you: You warrant that the name, address and payment information that you provide when you join Kieser.net is correct and you agree to notify Kieser.net of any changes in the name, address and/or payment details. You agree that Kieser.net may disclose your name and address where there is any complaint about the content of your pages or in relation to goods or services advertised there. You warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use Kieser.net's services in accordance with this Agreement. You agree to be responsible for the use of Kieser.net services and to comply with your responsibilities and obligations as stated in this Agreement.
- Usage: Kieser.net will not monitor the contents of your pages. Files that you upload to your web-pages are subject to withdrawal without notice by Kieser.net upon complaint about their content where Kieser.net at their sole discretion deem this necessary. You warrant the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) which you place on your web-pages. You warrant that you are authorised to promote any information which you do so on your web-pages (for example if you are providing financial information, that you hold any necessary authorisation under the Financial Services Acts). You agree to keep secure your Kieser.net identification, password and other confidential information relating to your account. We cannot guarantee that the system will never be infiltrated by unauthorised users or hackers. Your data pages may not be secure against hackers and you take that risk. If you find evidence of infiltration, please let us know and we will take steps both to try and prevent it and to notify the proper authorities. You are personally responsible for the use of your account and the secrecy of your password. If you are a corporate user then the company is also responsible, together with the individual using the account. In addition, you are deemed to be logging onto the system (i.e. the authorised person for that account) when an account is logged on by using your correct account ID and password. You must also tell us immediately if someone steals your password or if you find someone else is using your ID. (Our system will not accept the use of any ID more than once so this should never happen unless someone has got access to your ID and password). We will change your password for you if this is the case. You must also co-operate with us and the police concerning any legal action taken arising from the misuse of your account by anyone else. You are entirely responsible for the content of your web-pages. You may not, under any circumstances, use Kieser.net pages to do any of the following:
- publish, post, distribute or disseminate, defamatory,infringing, obscene, indecent or other unlawful material or information;
- threaten, harass, stalk, abuse, disrupt or otherwise violate the legal rights (including rights of privacy and publicity) of others;
- engage in illegal or unlawful activities;
- make available / upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents;
- make available / upload files that contain a virus or corrupted data;
- falsify the source or origin of software or other material contained in a file that you make available on your web-pages;
- act, or fail to act, in your use of the web-pages, in a manner that is contrary to applicable law or regulation. You are entirely responsible for any civil or criminal liability which is incurred as a result of your use of your web-pages. If you post a defamatory/libellous message, it is you that publish it and you that will be liable for the consequences of it. You will also be liable for our reasonable legal costs incurred in defending any defamation or libel action caused by your page content and you agree to indemnify us for any damages which are awarded against us by a court of law or which we pay as a result of settling such an action upon Counsel's advice.
- publish, post, distribute or disseminate, defamatory,infringing, obscene, indecent or other unlawful material or information;
- Termination: Kieser.net may terminate your subscription at any time,with or without cause, upon reasonable notice and you may also do the same. Where Kieser.net terminates your subscription with cause, or you terminate your subscription, you will not be entitled to any refund of any unused part of your subscription. Kieser.net expressly reserves the right to terminate or suspend your subscription without prior notice should you fail to comply with these terms and conditions or should Kieser.net deem such action necessary to protect Kieser.net and in such circumstances Kieser.net will confirm such termination or suspension by subsequent notice. Save for any refund of unused parts of the subscription as above, you will not be entitled to any compensation whatsoever in the circumstances of termination and Kieser.net will not be liable for any consequential loss whatsoever in relation to termination of your account in any circumstances. After termination of your account, Kieser.net may if they deem it applicable at their sole discretion post a redirection to any new URL should you desire this.
- Use of Material for Advertising: Kieser.net will not distribute web-pages outside Kieser.net without the subscribers consent but may include information about them in promotional materials and advertising and may make such information available to third parties for promotional or advertising purposes and you agree that files that you have uploaded to Kieser.net may be used in such manner and for such purposes.
- Charges: You agree to pay all charges for your use of Kieser.net at the prices in effect at the beginning of your subscription period or the anniversary thereof.
Current charges are explained here:
Kieser.net reserves the right to change prices or institute new charges for use of Kieser.net at any time upon not less than thirty (30) days' notice. All changes will be posted online within new terms and conditions page. Payment of your account balance is due at inception and subsequently on the anniversary thereof. Where payment is not made within 30 days of due payment, your account may be suspended or terminated at our discretion. You agree to pay a late payment charge on all amounts due but unpaid for thirty (30) days after being billed at UKP5 per month or part thereof.
- Storage in all conferences: Your annual subscription covers the cost of up to 20MB of file storage. We reserve the right to charge for additional space used at our current rates in force at any time.
- Advertising onKieser.net: If you advertise or offer to sell goods or services via your web-pages, you undertake to provide goods in conformity with any description and warranties made. You agree to comply with all relevant Advertising and Broadcast regulations, Consumer Credit Acts and Trades Descriptions Acts. If you are advertising goods in the course of a trade or business this must clearly be so stated.
- Exclusion of Warranties and Limitation of Liability: Kieser.net and all Kieser.net services are provided "as is," and Kieser.net make no express or implied representations or warranties to you regarding the usability, condition or operation thereof.
Kieser.net will at all times use best endeavours to attempt to maintain an uninterrupted and error-free service, however Kieser.net make no representations or warranties regarding the services provided by them and do not warrant that use of Kieser.net will be uninterrupted or error-free, or that Kieser.net services will meet any particular criteria of performance or quality.
Kieser.net will at all times use best endeavours to attempt to maintain and safeguard your data on its system however Kieser.net accept no responsibility for any loss or damage to data or the loss thereof. Kieser.net expressly disclaim all implied warranties, including without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringenient, compatability, security or accuracy. Your use of Kieser.net services is at your own risk. You accept full responsibility for such use and the risk of any loss resulting from your use of the system and the content of your pages. You also accept full responsibility for safeguarding your own data. Notwithstanding contrary clauses in this Agreement, in the event that Kieser.net are deemed liable to you for breach of this Agreement, you agree that Kieser.net's liability is limited to the amount actually paid by you for your subscription. You hereby release Kieser.net from any and all obligations, liabilities and claims in excess of this limitation.
Kieser.net does not accept any responsibility whatsoever for anything posted on the system (except by one of our staff) and you agree by using the system that Kieser.net will not be liable for any direct, indirect, special, consequential, exemplary or punitive damages or losses which are incurred in connection with the use of the system even if Kieser.net have been advised of this possibility and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds and you agree to indemnify Kieser.net and hold Kieser.net harmless from and against any and all reasonable claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable legal defence and other legal costs) incurred as a result of your actions on the system or materials of information transmitted by you in connection with the system. This means that you may have to pay us where claims are made against us or our system by other callers or third parties. You agree to indemnify Kieser.net from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims based upon or relating to the use of your web-pages, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service, non-supply, fraud, infringement of intellectual property or other rights or other claims whatsoever. Kieser.net will notify you promptly of any claim for which Kieser.net seeks indemnification at the currently supplied address. Kieser.net will afford you the opportunity to participate in the defence of such claim, provided that your participation will not be conducted in a manner prejudicial to Kieser.net's interests, as reasonably determined by Kieser.net and/or their lawyers.
- Notices and Consents: Notices given by Kieser.net to you will be given by Email or by a general posting on Kieser.net's home pages, or by conventional mail. In any matter requiring Kieser.net's prior consent, such consent must be given in writing by an authorised representative of Kieser Consultancy Limited. Notices given by you to Kieser.net may be given by Email, fax or mail and will be confirmed by conventional mail. Notices to Kieser.net may be sent by you to Kieser.net to the e-mail address given below, by fax or by conventional mail and must be confirmed conventional mail.
- Assignment of Rights: Neither party will assign this Agreement or any benefits or interests arising under this Agreement without the prior written permission of the other party.
- General Terms and Law: Kieser.net reserves the right to do normal system housekeeping such as creating back-ups AND do not accept responsibility for ensuring back up works though - your data security is your own problem. If Kieser.net suspect Illegal Activity, we may notify the authorities and reserve the right to do anything on the system which our lawyers advise us to do in the protection of the system. This Agreement is governed by the laws of the England and Wales, and you consent to the exclusive jurisdiction and venue of the Central London County Courts or the London High Court in all disputes arising out of or relating to your use of the Kieser.net subscription. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Kieser.net as a result of your use of Kieser.net. You agree not to hold yourself out as a representative, agent or employee of Kieser.net. You agree that Kieser.net will not be liable by reason of any representation, act or omission to act by you. Kieser.net's performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of Kieser.net's right to comply with law enforcement requests or requirements relating to a Subscribers use of Kieser.net or information provided to or gathered by Kieser.net with respect to such use.
- Severability: If any of the provisions of this Agreement is judged to be illegal or unenforcement, the remainder shall continuation in full force and the effect of the remainder of them will be not be deemed to be prejudiced (unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice).
- Entire Agreement: This Agreement constitutes the entire agreement between Kieser.net and you with respect to your use of Kieser.net and the Kieser.net subscription, and it supersedes all prior or contempory communications and proposals, whether oral or written, between Kieser.net and you with respect thereto. Each party confirms that it has not relied on any representation not recorded in this document inducing it to enter into this Agreement.
For further information or queries E-mail us at: firstname.lastname@example.org