‘SnagBuild’

Terms and conditions of use

1.          Introduction

1.1        These terms and conditions shall govern your use of SnagBuild.

1.2        By using our Application/Website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our Application/website.

1.3        If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions beforehand.

1.4        You must be at least 18 years of age to use our Application/Website; by using our Application/Website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.5        Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy].

2.          Copyright notice

2.1        Copyright © 2018 Sanbuild Ltd.

2.2        Subject to the express provisions of these terms and conditions:

(a)         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

(b)         all the copyright and other intellectual property rights in our website and the material on our website are reserved.

(c)          you are prohibited at any time from copying, manipulating and/or using any of the SnagBuild system and code outside of your registered plan. This applies during and after any plan registration/Use/discontinuation of the SnagBuild Application/Website

3.          License to use Application/Website

3.1        You may:

(a)         view pages from our Application/Website in a web browser;

(b)         download pages from our Application/Website for caching in a web browser;

(c)         print pages from our Application/Website;

(d)        use our Application/Website services by means of a web browser, subject to the other provisions of these terms and conditions.

3.2        Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3        You may only use our Application/Website for your own personal and business purposes, and you must not use for any other purposes.

3.4        Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our Application/Website.

3.5        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.

3.6        Notwithstanding Section 4.5, you may redistribute our contact information in print and electronic form to any person interested in joining SnagBuild.

3.7        We reserve the right to restrict access to areas of our Application/Website, or indeed our whole Application/Website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Application/Website.

4.          Acceptable use

4.1        You must not:

(a)         use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the Application/Website;

(b)         use our Application/Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)         use our Application/Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)        It is prohibited to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Application/Website without our express written consent.

(e)          access or otherwise interact with our Application/Website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f)          violate the directives set out in the robots.txt file for our Application/Website; or

(g)         use data collected from our Application/Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2        You must not use data collected from our Application/Website to contact individuals, companies or other persons or entities.

4.3        You must ensure that all the information you supply to us through our Application/Website, or in relation to our Application/Website, is true, accurate, current, complete and non-misleading.

5.          Registration and accounts

5.1        To have an account on our Application/Website under this Section 6, you must be first registered to SnagBuild.

5.2        You may register for an account with SnagBuild by completing and submitting the account registration form on our Application/Website when clicking on the Purchase link.

5.3        You must not allow any other person to use your account to access the Application/Website.

5.4        You must notify us in writing immediately if you become aware of any unauthorised use of your account.

5.5        You must not use any other person's account to access the Application/Website, unless you have that person's express permission to do so.

6.          User login details

6.1        If you register for an account with SnagBuild, we will provide you with a user ID and password.  The password can be changed by the registered user to that password if required.

6.2        Your user ID must not be liable to mislead and must comply with the content rules set out in Section 9; you must not use your account or user ID for or in connection with the impersonation of any person.

6.3        You must keep your password/log-in confidential.

6.4        You must notify us in writing immediately if you become aware of any disclosure of your password.

6.5        You are responsible for any activity on our website arising out of any failure to keep your password confidential, and          may be held liable for any losses arising out of such a failure.

7.          Cancellation and suspension of account

7.1        We may:

(a)    suspend your account;

(b)    cancel your account; and/or

(c)    edit your account details at any time in our sole discretion without notice or explanation.

7.2        You may cancel your account with SnagBuild at any time by contacting Admin in writing.

8.0        SnagBuild Service Level Performance Criteria

             Service uptime, Downtime and maintenance. SnagBuild shall endeavor to provide to all Subscribers to SnagBuild 99% system uptime per month (scheduled maintenance and system upgrades will not count against the uptime).  Uptime is defined as time when the SnagBuild services may be accessed and used by Subscribers/End-users.  The determination of Service Uptime will be calculated using a historical monthly percentage. 

             SnagBuild shall provide all Subscribers with at least twenty-four (24) hours notice of any scheduled maintenance on the service. SnagBuild will use commercially reasonable efforts to conduct maintenance during non-business/working hours only (as defined below).  This notice period shall not apply in the event a subscriber wants an immediate change to their SnagBuild subscription service to accommodate any internal or compliance changes.  SnagBuild shall use good faith efforts to promptly notify current subscribers to their Application/Website of any outages or Downtime that it anticipates or discovers during the term of this agreement.

             Specifically excluded from the definition of Downtime are:

(a)      Network errors outside of the control of SnagBuild or agents of SnagBuild;

(b)      Server errors and limitations set by third-party service providers including, but not limited to, SnagBuild;

(c)      Planned maintenance announced at least twenty-four (24) hours prior;

(d)     Maintenance performed between 9pm and 1am GMT;

(e)      Outages resulting from the actions of a SnagBuild Subscriber, its employees and agents, other than through normal use of the SnagBuild Application/Website or services;

(f)       Any other unavailability caused by circumstances beyond SnagBuild’s reasonable control including without limitation: acts of God, acts of Government, floods, fires, earthquake, civil unrest, acts of terror, strikes and other labour issues, Internet service provider failures or delays or denial of service.

9.          Your content rules

9.1        You warrant and represent that your content will comply with these terms and conditions.

9.2        Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

9.3        Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)         be libelous or maliciously false;

(b)         be obscene or indecent;

(c)         infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)        infringe any right of confidence, right of privacy or right under data protection legislation;

(e)         constitute negligent advice or contain any negligent statement;

(f)         constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g)         be in contempt of any court, or in breach of any court order;

(h)         be in breach of racial or religious hatred or discrimination legislation;

(i)          be blasphemous;

(j)          be in breach of official secrets legislation;

(k)         be in breach of any contractual obligation owed to any person;

(l)          depict violence in an explicit, graphic or gratuitous manner;

(m)       be pornographic, lewd, suggestive or sexually explicit;

(n)         be untrue, false, inaccurate or misleading;

(o)         consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)        constitute spam;

(q)         be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r)         cause annoyance, inconvenience or needless anxiety to any person.

10.        Limited warranties

10.1      We do not warrant or represent:

(a)         the completeness or accuracy of the information published on our Application/Website;

(b)         that the material on the Application/Website is up to date; or

(c)         that the website or any service on the Application/Website will remain available.    

10.2      We reserve the right to discontinue or alter any or all of our Application/Website services, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Application/Website services.

10.3      To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our Application/Website and the use of our Application/Website.

11.        Limitations and exclusions of liability

11.1      Nothing in these terms and conditions will:

(a)  limit or exclude any liability for death or personal injury resulting from negligence;

(b)  limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)         limit any liabilities in any way that is not permitted under applicable law; or

(d)        exclude any liabilities that may not be excluded under applicable law.

11.2      The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a)         are subject to Section 12.1; and

(b)         govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

11.3      We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

11.4      We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

11.5      SnagBuild will not be liable to you in respect of any loss or corruption of any data, database or software.

11.6      We will not be liable to you in respect of any special, indirect or consequential loss or damage.

11.7      You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

12.        Breaches of these terms and conditions

12.1      Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)         send you one or more formal warnings;

(b)         temporarily suspend your access to our Application/Website;

(c)         permanently prohibit you from accessing our Application/Website;

(d)        block computers using your IP address from accessing our Application/Website;

(e)         contact any or all of your internet service providers and request that they block your access to our Application/Website;

(f)         commence legal action against you, whether for breach of contract or otherwise; and/or

(g)         suspend or delete your account on our Application/Website.

12.2      Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account.

13.        Variation

13.1      We may revise these terms and conditions from time to time.

13.2      The revised terms and conditions shall apply to the use of our Application/Website from the date of publication of the revised terms and conditions on the site, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. OR We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our Application/Website.

13.3      If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the Application/Website, and you must stop using the Application/Website.

14.       Privacy Policy

14.1       Gathering of Personally-Identifying Information.  Certain visitors to SnagBuild’s websites choose to interact with SnagBuild in ways that require SnagBuild to gather personally-identifying information. The amount and type of information that SnagBuild gathers depends on the nature of the interaction. For example, we ask visitors who sign up for a plan at https://snagbuild.com to provide information during the sign up procedure.

14.2        Security   

The security of your Personal Information is very important to us at SnagBuild.  We will not knowingly      store, share or harvest any information entrusted to us during the sign up process with SnagBuild. Whilst our policy is to provide the security, remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

14.3        Protection of Certain Personally-Identifying Information

SnagBuild discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on SnagBuild’s behalf or to provide services available at SnagBuild’s Application/Website, and (ii) that have agreed not to disclose it to others.  SnagBuild will not rent or sell potentially personally-identifying and personally-identifying information to anyone.

14.4         If you are a registered user of https://snagbuild.com and have supplied your email address, SnagBuild may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with SnagBuild and our products. We primarily use our Website to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to respond to your request or to help us support other users. SnagBuild takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

15.           Fees and Subscription Payments.

 

(a)                  The Fees for the use of SnagBuild’s services (the ‘Subscription Fees’) are described in the Order and are calculated, as specified, based on either the number of end-users and volume of usage.

 

(b)                  Subscribers may increase service usage at any time during the term. The subscriber will be charged in full according to the pricing set on the Order form for any portion of a calendar month during which usage of services is increased.  Although subscribers may decrease and or cancel at any time their subscription there will be no refunds. This will be regardless of non-payment, non-use or other conduct or inaction, and all fees will be due through to the end of the subscription terms.

 

(c)                  Payment of subscription fees to SnagBuild shall be made monthly and on the required date set out at the start of the subscription with SnagBuild, prior to the beginning of each term.  Additional services provided by SnagBuild will be invoiced at the end of the month in which they are ordered.  All invoices will be due within thirty (30) days of the date on the invoice unless otherwise specified by Admin or in the order form.  Any ‘bespoke’ services for any subscribers to SnagBuild will be agreed by both parties (SnagBuild and the Subscriber) before any subscription start.

16.        Assignment

16.1      You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

16.2      You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

17.        Severability

17.1      If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

17.2      If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

18.        Third party rights

18.1      A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

18.2      The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

19.        Entire agreement

19.1      Subject to Section 12.1, these terms and conditions, together with our privacy and cookies policy shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

20.        Law and jurisdiction

21.1      These terms and conditions shall be governed by and construed in accordance with English law.

21.2      Any disputes relating to these terms and conditions shall be subject to the exclusive OR non-exclusive jurisdiction of the courts of England.

21.        Statutory and regulatory disclosures

21.1      We are registered SnagBuild.

21.2      We are registered as SnagBuild with in the United Kingdom.

22.        Our details

22.1      This website is owned and operated by Sanbuild Ltd.

22.2      We are registered in England and Wales under registration number 09650375

22.3      Our principal place of business is in the UK.

22.4      You can contact us:

(a)         using our website contact form;

(b)         by telephone, on the contact number published on our website from time to time; or

(c)         by email, using the email address published on our website.