IMPORTANT LEGAL NOTICE: PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
THESE TERMS OF SERVICE GOVERN OUR AGREEMENT TO PROVIDE SERVICES TO YOU, AND THE SUBSEQUENT OPERATION OF YOUR ACCOUNT.
By signing up for and/or otherwise accessing any of the services or products provided by INCENTERS MEDIA, you agree to be bound by all these Terms and Conditions. IT IS ESSENTIAL THAT YOU READ THESE TERMS PRIOR TO PURCHASING SERVICES WITH INCENTERS MEDIA. If you have any questions about these terms, please contact us. Our business is continually evolving and as such we reserve the right to change our Terms and Conditions when necessary. It is your responsibility to ensure that you are up to date with all of our Terms and Conditions. We will, however, notify you of any material changes.
General Terms and Conditions
These General Terms & Conditions and the Service Specific Terms & Conditions, the Acceptable Use Policy and any information relating to Incenters Media. If any of these General Terms & Conditions are inconsistent with any terms set out in the Incenters Media specific terms & conditions, Incenters Media specific terms & conditions will prevail. By signing up for Incenters Media you warrant that you are legally capable of entering into a binding contract; or acting with the express permission and using the payment details of a person or organization who in turn is agreeing to be bound by the terms of this contract. You acknowledge and accept that your use of Incenters Media must be in accordance with the Acceptable Use Policy.
1.1 “Agreement” means any agreement to which these terms & conditions are incorporated.
1.2 “Incenters Media” has registered offices in Sophia Antipolis, France
1.3 “Package” means a collection of Services.
1.4 “Prices” means the Prices for the Services set out in order form or as otherwise notified.
1.5 “Services” means the Services to be provided byIncenters Media.
1.6 “you/your” means the person or company who purchases Services from Incenters Media.
- Duration and Renewal of Franchise Services
2.1 Services and Packages for which payment is required on a monthly basis all have a minimum contract of term of 12 months, unless specifically stated to the contrary in the details of the Service and/or Package you purchase.
2.2 When Entering into a contract you are allowed to cancel the Contract at any time within seven working days, beginning on the day after you receive written confirmation of our acceptance of your order.
3.1 You are entitled to cancel the services by contacting Incenters Media no more than 30 days prior to the expiry of your minimum contract term, and no less than five working days prior to the next payment date of that service. Once Incenters Media accepts your cancellation request you will be provided with written confirmation of cancellation in the form of a unique reference number. Cancellation requests will not be deemed to have been received and accepted until this reference number has been issued.
3.2 Incenters Media reserves the right to cancel and/or suspend your Service at any time without notice if you breach these General Terms & Conditions and/or the Service Specific Terms & Conditions and/or our Acceptable Use Policy.
4.1 100% money back guarantee if you are dissatisfied with the work provided.
4.2 In the event thatIncenters Media cancels your Service for reasons other than your breach of contract, you will be refunded 100% of the money paid.
5.1 All Services and Packages must be paid for in advance in accordance with the specific provisions of that Service or Package.
5.2 Payment will be due on the basis of the Service and/or Package You have selected.
- Appropriate Service use
6.1 Incenters Media reserves the right to refuse Service and/or access to its systems and/or Services to anyone.
6.2 Incenters Media does not allow any content which breaches our Acceptable Use Policy to be stored on its servers or entered into its systems. Incenters Media reserves the right to remove content from the Services or suspend the Services immediately where it reasonably suspects such content breaches the Acceptable Use Policy.
6.3 Incenters Media shall notify you if it becomes aware of any allegation that you breach the Acceptable Use Policy.
6.4 Refusal of Service based on the content being contrary to our Acceptable Use Policy is entirely at the discretion of Studio Alliance.
6.5 You shall indemnify Incenters Media, its Partners, its Resellers, and its Suppliers against all damages, losses and expenses arising as a result of any action or claim that the data, content and/or any other material breaches the Acceptable Use Policy.
6.6 In the event that Incenters Media removes data or content from the Services and/or suspends Your content or usage pursuant to clause
6.2, and later reinstates such content and/or resumes the Services, You shall indemnify Incenters Media, its Partners, and its Resellers against all damages, losses and expenses arising as a result of any action or claim that such content and/or data and/or the Services Your site breaches the Acceptable Use Policy.
6.7 Incenters Media reserves the right to suspend access to its System if a customer’s use is deemed to be affecting the platform for which Incenters Media delivers the Services. This includes, but is not limited to, reasonably perceived use of email recipient addresses where explicit consent from the recipients has not been provided for their receiving of marketing e-mails.
- Scheduled maintenance
7.1 To guarantee optimal performance of the Services, it is necessary for Incenters Media to perform routine maintenance. Such maintenance often requires taking Incenters Media off-line, typically performed during off-peak hours.
8.1 We will do our utmost to provide a continuous high quality service. If you experience problems with your Service, you should consult Incenters Media support website and search for a resolution to your problem.
8.2 Please note we may require suspension of some of Incenters Media Services for short scheduled periods to carry out maintenance or repair to Incenters Media Services. Information concerning scheduled downtime is available on the Incenters Media websites.
9.1 All data created or stored by you within Incenters Media applications and servers are your property. Incenters Media allows access to such data by only authorized Incenters Media personnel. Incenters Media makes no claim of ownership of any web server content, email content, or any other type of data contained within the accountholder’s uploaded or entered information within the Services on Incenters Media servers.
9.2 Incenters Media maintains backups of its servers and infrastructure pursuant to its own archiving and business continuity procedures. In the event of loss of or damage to your data relating to actions made by you or on your behalf you will not be given access to any data stored as part of these procedures.
9.3 In the event of loss of or damage to your data relating to a failure in Incenters Media systems or servers, Incenters Media will make reasonable commercial efforts to assist you in the restoration of your data, however You accept full responsibility for maintaining adequate backup copies of all your data.
9.4 You shall indemnify Incenters Media against all damages, losses and expenses arising as a result of any action or claim that the content or data of your account or data accessed from or published as part of the Services infringes the intellectual property rights of a third party.
10. Studio Alliance Disclaimers and Warranties
10.1 Whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Incenters Media cannot guarantee to be able to replace lost data. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all Service interruptions caused by Incenters Media.
10.2 Incenters Media makes no warranties or representations that any Service will be uninterrupted or error-free. You accept all Services provided hereunder “as is” without warranty of any kind.
10.3 So far as permitted by law and particularly in respect of non-consumers, all implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are hereby excluded in relation to each of the Services to be provided hereunder to the fullest extent permitted by law.
10.4 For the avoidance of doubt, any use of the Services and/or any Package in the course of conducting business shall give rise to you being a non-consumer and the provisions of this Agreement affecting the statutory consumer protection you would otherwise be afforded as a consumer shall not apply.
11. Entire Agreement
11.1 This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to herein. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein. [/wr_column]]