TERMS & CONDITIONS

TERMS & CONDITIONS

  1. Introduction

1.1   This disclaimer shall govern your use of our products.

1.2   By proceeding with this purchase and/or using our products, you accept this disclaimer in full; accordingly, if you disagree with this disclaimer or any part of this disclaimer, you must not proceed.

1.3   Our website uses cookies; by using our website or agreeing to this disclaimer, you consent to our use of cookies.

  1. Copyright notice

2.1   We, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

2.2   All the copyright and other intellectual property rights in our website and the material on our website are reserved.

2.3   The Product is the property of RV BOOST and is protected by intellectual property laws including copyright laws. The user of the Product agrees to be bound by any such intellectual property and copyright laws and shall not use or otherwise incorporate the Product in violation of such laws.

2.4   Unless you own or control the relevant rights in the material, you must not:

(a)    Republish material from our website (including republication on another website);

(b)    Sell, rent or sub-license material from our website;

(c)    Show any material from our website in public;

(d)    Exploit material from our website for a commercial purpose; or

(e)    Redistribute material from our website.

  1. Exclusions of liability

3.1   By proceeding with this purchase and/or using our products, you give acceptance of the below conditions.

3.2  RV BOOST, by providing the Product, shall not be deemed a design professional, licensed engineer or professional in a similar position capable of evaluating the reliability of the Product.

3.3   The Product is provided “as is,” and RV BOOST specifically disclaims any and all warranties, express or implied, as to the accuracy, completeness, validity, reliability, or the compliance with local, state or foreign laws, rules or regulations related to the Product as well as any data or information generated therefrom.

3.4  RV BOOST created and distributed the Product in goodwill and with the intention that it will be useful for the user. However, RV BOOST makes no warranty that the

(i) Product will meet the requirements of the user;

(ii) Product will be error-free;

(iii) Results obtained from use of the Product will be accurate or reliable;

(iv) Quality of the Product will meet user’s expectations; or

(v) Errors in the Product will be corrected. Any reliance upon the Product is at the sole risk and discretion of the user.

3.5   The user of the Product understands and agrees that the Product contained herein has not been certified by a licensed design professional or licensed engineer and the use and implementation of the Product involves a degree of risk which risk is hereby accepted by the user. RV BOOST specifically disclaims any liability associated with such risk.

3.6  RV BOOST, its employees, directors, officers, agents or affiliates (“RV BOOST Parties”) shall in no way be liable for any claim, demand, loss, injury, expense or liability, whether direct or indirect, of any kind whatsoever which in any way arises out of or is connected with the use, implementation or incorporation of the Product even if RV BOOST is expressly advised of the possibility of such damages.

4. CHARGES

The Charges payable by Customer for use of the Software will be as specified in the applicable ordering document and will cover the Software licence and support services.

Charges and modifications

4.1 Except in the event of early termination of this Agreement as permitted herein, Customer shall pay the Charges for the Software for the Initial Subscription Period and any Renewal Period (and Trial Period where so agreed).

4.2 Where Customer requests access to any Software for an Additional User, each Additional User will be charged for at the Additional User fee rate, pro-rated, for the remainder of the Initial Subscription Period or the then-current Renewal Period (as applicable).

4.3 Each Additional User fee will be billed to Customer at the end of the Subscription Period in which the said User was given access by Supplier.

4.4 The parties agree to enter into good faith negotiations regarding this Agreement (including the financial provisions) if either party deems there is a material change in Customer’s organisational structure, including, but not limited to mergers, acquisitions, a significant increase in the number of relevant personnel at a site, divestitures, or downsizing.

Notification of Proposed Charges for Renewal Period

4.5 Where Supplier wishes to make no increase in the Charges and/or Additional User fees (“Proposed Charges”) for a Renewal Period then the Term shall be deemed to be extended for the Renewal Period.

4.6 Where Supplier wishes to modify the Charges for the Renewal Period (“Proposed Charges”) in respect of any Software, Supplier will endeavour to issue Customer with a renewal notification specifying the Proposed Charges for each relevant Software (“Renewal Notification”) not less than 1 calendar month before the end of the Initial Subscription Period (or Renewal Period, if applicable).

Billing and Payment

4.7 All Charges are exclusive of applicable sales, use, value added, personal property and other taxes, which are additionally payable by Customer.

4.8 All Telecoms charges incurred in using any Software are the responsibility of Customer.

4.9 Customer will pay any undisputed invoice rendered by Supplier in full within 30 days of invoice date.

4.10 If full payment is not made by the due date, except to the extent that any part non-payment relates to a bona fides disputed invoice, without prejudice to any rights or remedies otherwise available, Supplier reserves (a) the right to charge interest on the outstanding balance of all overdue sums at the rate of 3% per annum above the current base rate at Barclays Bank or the maximum interest rate permitted by law, whichever is the greater and (b) the right to require and Customer shall cease all use of the Software, uninstall the Software and confirm by email to Supplier that the said Software has been uninstalled.

  1. Variation

5.1   We may revise this disclaimer from time to time.

5.2   The revised disclaimer shall apply to the use of our website from the time of publication of the revised disclaimer on the website.

  1. Credit

6.1   This document was created by SEQ Legal (http://www.seqlegal.com).