Quick Websites Software

Licence Agreement

Definitions

Licence Agreement means this document.

Licensee means the individual or company using Quick Websites under the terms of this licence

PX2 Ltd A sister company of Jeffrey Pellin Consultancy Ltd and the owner of the software

Quick Websites means the website content management system developed and owned by PX2 Ltd supplied under this Licence Agreement (also known as Webalistic) including any replacements, modifications, upgrades or additional modules except where expressly excluded.

Service(s) means the internet hosting and email provision associated with the Quick Websites licence.

User means the person using the Quick Websites system to manage a website who is either the Licensee or an employee or agent of the Licensee.

Agreement and Minimum Term

This agreement will commence on the date of receipt of payment or valid voucher information by Quick Websites and will continue until terminated in accordance with this Licence Agreement.

The minimum term of this agreement is twelve months. Credit/debit cards will be charged monthly in advance. Any default or missed payment will result in the whole amount up to the anniversary date becoming due. Any additional modules added during the year will have the same anniversary date as the original agreement. Where you have the option to pay on invoice and choose to do this, you will be charged annually in advance. Non payment will result in your website being taken off-line and this agreement terminated.

Warranty and Acceptance

The Licensee is encouraged to ensure that Quick Websites fully meets its requirements prior to purchase. Acceptance of Quick Websites takes place at the time of purchase of a licence.

Jeffrey Pellin Consultancy Ltd does not warrant that Quick Websites is free from defects, fit for purpose or that its feature set matches or will continue to match any list distributed as marketing material, instructions, help file or for any other purpose.

Jeffrey Pellin Consultancy Ltd accepts no responsibility or liability whatsoever for any loss failure of Quick Websites or the free hosting or email howsoever caused. In respect of loss or damage arising out of or in any way connected with this Agreement and howsoever caused (whether by negligence or otherwise) Jeffrey Pellin Consultancy Ltd shall not be liable for any loss, including special, indirect or consequential loss or loss arising out of any delay or loss of time, production, profit, revenue or use. Jeffrey Pellin Consultancy Ltd does not warrant or represent nor is it a condition of this Agreement that the functions contained in Quick Websites will meet the Licensee's requirements or will operate in the combinations including any other hardware or software which may be selected for use by the Licensee or its customers or that the operation of the constituent parts of Quick Websites will be uninterrupted or free of errors or that all errors will be corrected. All other conditions, warranties and representations express or implied by statute, common law or otherwise in relation to Quick Websites are excluded by Jeffrey Pellin Consultancy Ltd, to the fullest extent permitted by law.

Licence

The propriety items of software in this suite are distributed under a limited licence which is granted by Jeffrey Pellin Consultancy Ltd and conditional. Jeffrey Pellin Consultancy Ltd reserves the right to revoke this license at any time without warning or liability. The software comes without warranty. The act of registering to use this product expressly accepts these terms and conditions. In order to continue to improve this product it may be necessary to add, remove or change the functionality of some features of Quick Websites. Jeffrey Pellin Consultancy Ltd accepts no liability whatsoever in respect of loss or damage arising out of or in any way connected with these changes and howsoever caused (whether by negligence or otherwise). Jeffrey Pellin Consultancy Ltd shall not be liable for any loss, including special, indirect or consequential loss or loss arising out of any delay or loss of time, production, profit, revenue or use.

The Licensee may not, without the prior written consent of Jeffrey Pellin Consultancy Ltd, modify, reverse engineer or de-compile (except to the extent permitted by law) Quick Websites or incorporate Quick Websites in programs not provided by Jeffrey Pellin Consultancy Ltd

Some parts of this product are distributed under the GNU General Public Licence. The functionality and availability of these features may change without notice.

Termination

After the first year the Licensee may terminate this agreement by giving not less than one month's written notice.

Jeffrey Pellin Consultancy Ltd may terminate this Agreement forthwith by notice in writing if:

  • the Licensee shall have committed a breach of its obligations hereunder which is capable of remedy and which shall remain un-remedied thirty days after notice of such breach has been served by Jeffrey Pellin Consultancy Ltd on the Licensee.

  • the Licensee shall have committed any breach of its obligations hereunder which is not capable of remedy;

  • the Licensee being an individual shall be declared bankrupt or being a company shall be declared insolvent or a receiver be appointed or shall go into liquidation save for the purpose of amalgamation or reconstruction or a charging order shall be made over any of its assets.

Jeffrey Pellin Consultancy Ltd may terminate this Agreement immediately without notice:

  • if this service is used for illegal or indecent purposes. This includes use as a portal for file sharing or peer-to-peer networks, or for the distribution of obscene, lewd or pornographic material, or material which could be regarded as libellous or inciting religious hatred, terrorism, violence or illegal acts or any other material which Jeffrey Pellin Consultancy Ltd may consider to be inappropriate for any reason or as an on-line store selling any object or substance which it is illegal to sell in the UK. Any site containing this kind of material or links to this material will be taken off-line immediately and without warning. Be aware that Jeffrey Pellin Consultancy Ltd are totally inflexible about this. Jeffrey Pellin Consultancy Ltd accept no liability whatsoever for any financial or other loss either direct or consequential which may occur as a result of your site being taken off line by our direct action.

  • if we find that this service is being used to distribute spam email or viruses.

Service Level

Jeffrey Pellin Consultancy Ltd undertake to do our utmost to achieve as close to 100% up-time as possible for your Service. Occasionally it may be necessary to take a server off line for maintenance. This will only be done during business hours in an emergency, otherwise this work will take place outside normal business hours, and the Licensee will be sent an email to notify them of this event in advance. However, we accept no liability whatsoever for any financial or other loss either direct or consequential which may occur as a result of your Service being off line for any reason whatsoever.

Backups

The Licensee is encouraged to make regular backups of their data, website and email. Jeffrey Pellin Consultancy Ltd accept no liability whatsoever for any financial or other loss either direct or consequential which may occur as a result of any data loss whatsoever no matter how this is caused.

Support

Customer feedback is very important to us and online support is available for Quick Websites 24hrs a day, 7 days a week. Email support questions are dealt with during normal UK business hours.

Force Majeure

Neither party shall be liable for failure to perform its obligations under this Agreement if such failure results from circumstances beyond the party's reasonable control.

Waiver

No delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition of this Agreement shall either be or be deemed to be a waiver or in any way prejudice any right of the party under this Agreement.

Enforcement

If any term or provision or any part thereof contained herein shall be held to be illegal or unenforceable under any enactment or rule of law, such term or provision or part thereof shall to that extent be deemed not to form part of this Agreement and the enforceability of the remainder of this Agreement shall not be affected thereby.

Publicity

Jeffrey Pellin Consultancy Ltd may, without the prior written consent of the Licensee, advertise or publicly announce that they are providing services to the Licensee.

Complete Agreement

This Agreement is the complete and exclusive statement of the agreement between the parties which supersedes all proposals or prior agreements oral or written and save as expressly set forth herein all representations conditions or warranties express or implied statutory or otherwise are excluded.

Notices

Any notice to be given hereunder shall be delivered or sent by recorded delivery first class mail to the registered office in the case of Jeffrey Pellin Consultancy Ltd or the Licensee if a corporation or to his usual or last known place of residence if the Licensee is an individual or firm and any such notice shall be deemed to have been served when delivered at the time of delivery or when so mailed at the expiration of 24 hours after the envelope containing the same was put into the mail and in providing such service it shall be sufficient to prove that the envelope containing the same was properly addressed and mailed as a prepaid recorded delivery letter.

Law

This Agreement shall be governed by the laws of England and Wales. No term of this agreement confers on any third party any benefit or any right to enforce any term of this Agreement.



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