Terms And Conditions

The terms 'us' , 'our' and 'we' in these terms and conditions refer to 'InfoToday Consulting'

The following terms and conditions are general and apply to all services and goods provided by InfoToday Consulting.  In the case that goods or services are provided with their own specific terms and conditions then the combination of those terms and conditions and these terms and conditions shall apply.  In the case of conflict between these two agreements, the terms and conditions supplied with the goods and services shall apply.

Documentation on this Web Site

Permission to use or download any Documents (such as white papers, press releases, and FAQs etc) is granted, provided that (1) the below copyright notice appears in all copies, (2) use of such Documents is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law.

Notice specific to software available on this web site

Any software downloaded from this web site is governed by the terms of the end user license agreement (EULA), which accompanies or is included with the software. Any reproduction or redistribution of the software not in accordance with the EULA is prohibited by law.

Without limiting the foregoing, reproduction or copying of the software to any other server, site, or location for subsequent reproduction or redistribution is expressly prohibited.
 

Service Availability

InfoToday Consulting shall use reasonable endeavours to provide continuing availability of the Server and the Services provided by this web site but InfoToday Consulting shall not, in any event, be liable for Service interruptions or down time of the Server or connections to it.

Indemnity

You agree to indemnify and keep indemnified and hold InfoToday Consulting harmless from and against any claim brought against InfoToday Consulting by a third party resulting from the provision of Services by InfoToday Consulting to you and your use of the services provided, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by InfoToday Consulting in consequence of your breach or non-observance of these terms.
 

Payment

All charges payable by you to InfoToday Consulting for the Services shall be in accordance with the relevant scale of charges and rates published from time to time by InfoToday Consulting on our Web site and shall be due and payable within thirty (30) days of receipt of our invoice therefore.
The provision by InfoToday Consulting of the Services is contingent upon our having received payment in full from you in respect of the relevant Services. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, forthwith and at our sole discretion, to suspend the provision of Services to you.
If you fail to make payment within the terms of this agreement, you will become liable for the cost of collection. This will include interest on any overdue amount, calculated at the daily rate of 12% per annum, from the due date of the payment.
Upon provision of a credit card account, you give InfoToday Consulting authorisation to automatically debit your credit card for all charges on issuance of a valid invoice.

Refunds

No refunds are available on software purchased from this web site. For trial purposes download the trial versions of the software before purchasing the final version.
 

Exclusion and Limitation of Liability

TO THE FULL EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH IN ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.
In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

Notices

Except where expressly provided otherwise, any notice to be given by either party to the other may be sent by either email, fax, post or courier to the address of the other party as appearing in this agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by post or courier shall be deemed to be served two days following the date of posting.

Severability

If any clause of these terms and conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed to be omitted.

Assignment

The benefit of this agreement may be assigned by us, but not our obligations to you - to do that, you agree that we may give notice to you in writing, and your failure to respond will be deemed acceptance. You may transfer this agreement provided that you give us notice in the form we require (setting out the details of the assignee) accompanied by payment of any transfer fee specified by us. No other method of transfer by you is permitted.

Change to Terms on Renewal

We may change the terms and conditions of this Agreement at any time.

Agreement, Governing Law