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0844 858 8580
0844 858 8580
Ekm Systems Terms & Conditions of Use and Notices AGREEMENT BETWEEN YOU AND EKM SYSTEMS LTD These Terms & Conditions constitute a legal agreement between you and Ekm Systems. You must accept without modification all of the terms, conditions, and notices contained in these Terms & Conditions in order to access and use the services Ekm Systems provide. If you do not accept these Terms & Conditions in their entirety, you may not access or use the services provided by Ekm Systems. Ekm Systems provides internet services, Ekm Systems reserves the right to suspend or cancel any customer's access to any or all services provided by Ekm Systems when Ekm Systems decides that the account has been inappropriately used or otherwise. These are the terms and conditions for use of the Internet services provided by Ekm Systems. By purchasing services from Ekm Systems, you (subscribers) agree to abide by these terms and conditions. We reserve the right to change this agreement at any time without notice. MODIFICATION OF THESE TERMS OF USE Ekm Systems may wish to update or change the terms, conditions and notices for the service provided from time to time to reflect changes in the service, changes in the laws affecting the Services, or for other good reasons. You understand that Ekm Systems reserves the right to make these changes and that you are responsible for regularly reviewing these terms, conditions and notices. Continued access to or use of the Services provided by Ekm Systems after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Ekm Systems Services shall be subject to the Terms & Conditions, as modified from time to time. EKM SYSTEMS RIGHT TO USE FEEDBACK OR SUGGESTIONS YOU SUBMIT Ekm Systems wants your voluntary feedback and suggestions on the Services we provide so that we can continually improve the services for you and other customers. When you submit feedback and suggestions, please understand that Ekm Systems needs to have full rights to use your feedback and suggestions without any encumbrances. In particular, you should understand that by submitting any feedback or suggestions to Ekm Systems concerning the Services we provide, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Ekm Systems and its affiliated companies permission to: Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions; and Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions. These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to Ekm Systems use of the materials contained within such feedback or suggestions. Ekm Systems is under no obligation to post or use any materials you may provide and may remove such materials at any time at Ekm Systems sole discretion. LAWFUL USE Ekm Systems accounts are to be used by the primary owner only, account holders are not permitted to resell, store or give away the services of their account to other parties even if it was for free or non-profitable. You are responsible for conforming to all federal, state, and local laws regarding the Internet and electronic communication. You must respect the intellectual property and copyrights of resources provided by others on the net. You may not participate in any illegal activities while using your account. You must obey the laws of the United Kingdom, England and Wales and other countries that you communicate with over the net. We cannot and do not monitor or control traffic content to/from our service. You are responsible for keeping your activities legal, and for censoring yourself and colleagues. Subscribers are not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against Ekm Systems. Should the posted material fall into this category, we reserve the right to immediately refuse or terminate service. Ekm Systems does not allow any of the following contents to be stored on any of its servers: - Illegal Material - This includes copyrighted works, commercial audio, video, or music files and any material in violation of any Federal, State or Local regulation. - Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Ekm Systems. - Warez - Includes pirated software, ROMS, emulators, freaking, hacking, password cracking, IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material. Ekm Systems will terminate any account that contains any of the above mentioned contents without any warning and without refunding any payments. "UNLIMITED" POLICY High bandwidth usage: Ekm Systems offers an unlimited use policy by maintaining very large ratios of bandwidth and disk space per customer. In rare cases, Ekm Systems may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, Ekm Systems reserves the right to impose the High Resource User Policy for the consideration of all customers. HIGH RESOURCE USER POLICY Resources are defined as bandwidth, disk space and/or processor utilization. Ekm Systems may implement the following policy to its sole discretion: When an account is found to be monopolising the resources available Ekm Systems reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. DATA AND BACKUP While we do backup all data within our own internal systems we are not liable for any loss of data which may adversely affect your business. This means that if you have uploaded your product data and/or built up a database of clients and/or orders, you must keep a backup on your own machine. Subscribers agree that Ekm Systems has the right to delete all data, files, or other information that is stored on Ekm System’s servers upon termination of services, or cancellation of account due to non-payment or breaking of any of these terms by subscriber. SECURITY While ekmsystems makes all efforts to ensure the services we provide are both secure and robust, we make no claims about this security. If someone gains unauthorised access to your account they may/may not have access to customer details such as payment information, this is your responsibility. Hacking is a serious crime and effects most businesses. Should ekmsystems and/or any system provided by Ekm Systems suffer a breach of security we cannot be held responsible. It is the client’s responsibility to delete credit card information after processing it. HOLD HARMLESS Subscribers will indemnify and hold Ekm Systems harmless (including officers, employees, agents, and shareholders) of any and all claims, costs, expenses or liability resulting from any damage to Subscriber’s business, service, equipment, network, operations, or reputation resulting from Ekm System’s actions. Indemnification includes, but is not limited to, any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort. PAYMENT POLICY Ekm Systems reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of one year from the purchase of your account. In addition, Ekm Systems reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a cancellation request; the Customer can request cancellation of their account and will be billed up to the first day of the following month. CANCELLATION AND REFUNDS Ekm Systems reserves the right to cancel the service at any time. Customer refund requests are to be sent via email to: refunds@EkmSystems.co.uk and will only be processed in the cases of service non-performance that might be caused by Ekm System’s side, Refund requests will be refused if requested for any cause that is out of Ekm System’s side. AFFILIATES & RESELLER PROGRAM As an affiliate or reseller for any of the services provided by Ekm Systems you will be paid on a commission basis. - Ekmpowershop, you shall be given the setup fee of £49.95. All commissions given out to affiliates and resellers have the following terms - You shall be paid commissions after a period of 3 months to allow for the payments to clear - Customers gained by affiliates or resellers must remain with Ekm Systems for at least 2 months to qualify as a ‘gained customer’ and for commission to be paid out - Ekm Systems have the right to cancel an affiliate or resellers account at any time without notice - Ekm Systems also has the right to discontinue or modify the affiliates or resellers program at any time - Users understand that participation in the Affiliates and Resellers program is at the discretion of Ekm Systems. Should the actions of any User be deemed to be harmful to the reputation of Ekm Systems the User will be removed from the Affiliates and Resellers program immediately. - All commission payments will incur a 5% processing fee, this will automatically be deducted from the overall commission FRAUD FIGHTING For Those Thinking About Commiting Fraud : 1. Card fraud is a crime and a felony punishable by heavy fines and jail time. Fraudulent behavior will be prosecuted aggressively and with a passion to the fullest extent of the law. 2. The ID and address of your computer and your ISP provider have been determined, and recorded as a safeguard against fraudulent behavior and may be used by Ekm Systems or legal entities to prosecute guilty parties. 3. All information must match card account records as provided by the card-issuing bank. Inputting intentionally false information is fraud and will not be tolerated and may subject you to prosecution. 4. Card numbers are transmitted directly to the banking network for authorization. Ekm Systems considers fraud a direct and serious threat to our business profitability. We do not take any effort to defraud lightly and will prosecute whenever and wherever possible to the fullest extent of the law. INDEMNIFICATION Customer agrees that it shall defend, indemnify, save and hold Ekm Systems harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Ekm Systems, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Ekm Systems against liabilities arising out of: (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Ekm System’s server. (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party. (3) copyright infringement. (4) any defective products sold to customer from Ekm System’s server. DISCLAIMER Ekm Systems will not be responsible for any damages your business may suffer, Ekm Systems makes no warranties of any kind, expressed or implied for services we provide. Ekm Systems disclaims any warrantor merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Ekm Systems and its employees. Ekm Systems reserves the right to revise the above mentioned policies at any time.