Terms & Conditions

All Users of services provided by DeadEasy, by use of such services, accept the terms of business set out in the form of the Service Agreement which follows, irrespective of the mode or manner of ordering employed by the User when ordering the services. In the absence of a contract signed by a director of DeadEasy, the following terms and conditions will prevail.

This Agreement is made between us and you as defined in (1) below. The date of this Agreement is the date you order our services.

1. DEFINITIONS

In this Service Agreement ("Agreement"), "you" and "your" refer to each customer ("Customer") and "we", "us" or "our" refer to ParConception Limited trading as DeadEasy ("DeadEasy"). "User" ("User") refers to anyone the Customer authorises to use the service. This Agreement explains our obligations to you, and your obligations to us in relation to your use of our services. By selecting DeadEasy's service(s) you have agreed to establish an account with us for such services. When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional DeadEasy service(s) or to modify or cancel your DeadEasy service(s) (even if we were not notified of such authorisation), this Agreement covers any such service or actions. Any acceptance of your application(s) for our services and the performance of our services will occur at our offices in Ripon, North Yorkshire the location of our principal place of business.

2. AGREEMENT DURATION

This Agreement begins on the date that the Customer uses a DeadEasy service and will continue until terminated in accordance with this Agreement.

3. SERVICE PROVISION

3.1 DeadEasy will provide the Customer with the service on the terms of this Agreement.

3.2 DeadEasy will provide the service by any date agreed with the Customer but the Customer is advised that all dates are estimates and DeadEasy has no liability for any failure to meet any date.

3.3 From time to time faults of a technical nature may occur. At such times, DeadEasy will endeavour to minimise any loss of service in such occurrences.

4. DEADEASY RESERVES THE RIGHT TO:

4.1 Change the technical specification of the service.

4.2 Suspend the service for operational reasons such as repair, maintenance or improvement of the service or because of an emergency.

4.3 DeadEasy is not responsible for any provision or maintenance of the Customer computer hardware, software and telecommunications equipment that give the Customer access to the DeadEasy services.

4.4 The Customer will indemnify DeadEasy of any responsibility for the acts and omissions of all users in connection with the service. The Customer is liable for any failure by any User to perform or observe the terms and conditions of this Agreement.

5. SECURITY

5.1 The Customer is responsible for the security and maintenance of all user names and passwords used in connection with the service. The Customer is advised to ensure passwords and user identities are kept confidential and secure.

5.2 The Customer is obligated as a matter of urgency to inform DeadEasy if there is any reason to believe that a user name or password has or is likely to become known to an unauthorised person(s).

5.3 If a Customer forgets or loses a password or user name the Customer must contact DeadEasy and satisfy such security checks as DeadEasy may operate.

5.4 If at any time DeadEasy considers that there is or likely to be a breach of security, DeadEasy reserves the right to suspend username and access to the service or reserves the right to require the Customer to change any or all of the passwords used by the Customer in connection with the service.

5.5 The Customer is obligated as a matter of urgency to inform DeadEasy of any changes to the information the Customer supplied when registering for the service.

6. SERVICE USE

6.1 The service is provided solely for the Customer's and Authorised Users use. The Customer will not sell or attempt to sell the service whether whole or in part to any third-party.

6.2 The service must not be used by the Customer or User in a way that does not comply with:

6.2.a The terms of any legislation or any license applicable to the Customer or that is in any way unlawful:

6.3 The service must not be used by the Customer or any authorised User:

6.3.a Fraudulently or otherwise unlawfully; to send, receive, upload, download, use or re-use any information or material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of confidence, copyright, trademark, service mark, patent, privacy or any other rights;

6.3.b To cause annoyance, inconvenience or needless anxiety;

6.3.c To transmit knowingly or recklessly any electronic material through the service which shall cause or is likely to cause harm, in any degree, to computer systems owned by DeadEasy or any other Internet users;

6.3.d To send or provide unsolicited advertising or promotional material or to receive responses to any unsolicited advertising or promotional material sent or provided using the service by any third party; or

6.3.e other than in accordance with the acceptable use policies of any connected networks.

6.4 The Customer must not use a user name or alias which infringes the rights of any person in a corresponding trade mark or name. DeadEasy reserves the right to require the Customer to select a replacement user name or alias and may either refuse to provide or may suspend service if, in DeadEasy's opinion, there are reasonable grounds for DeadEasy to believe that the user name or alias is, or is likely to be, used for a dishonest purpose, offensive, abusive, defamatory, obscene, or in violation of any person's intellectual property or similar rights.

7. INDEMNITY

7.1 The Customer hereby indemnifies DeadEasy from any claim brought by a third party resulting from the use of the service. The Customer further indemnifies DeadEasy in respect of all losses, including loss of turnover, sales, revenue, profits or indirect, consequential or special loss, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred by DeadEasy in consequence of the Customer's breach or non-observance of the Agreement.

7.2 The Customer shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against DeadEasy arising from the above claims and shall provide DeadEasy with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at the Customer's sole expense.

7.3 This section known as Section 7 Indemnity shall remain in effect for three years after the termination of this Agreement.

8. CONFIDENTIALITY

8.1 DeadEasy will keep in confidence any information provided to it by the Customer. DeadEasy will not disclose any Customer information to any person other than its employees without the Customer's consent.

The exception to this is:

8.1.a Any information which has been published other than through a breach of this Agreement;

8.1.b Information lawfully in the possession of the recipient before the disclosure under this Agreement took place;

8.1.c Information obtained from a third party who is free to disclose it;

8.1.d Information which a party is requested to disclose and if it did not could be required by law to do so; or

8.1.e Information which has been reduced by DeadEasy to anonymous, non-personal form before disclosure.

8.2 This section known as Section 8 Confidentiality shall remain in effect for 2 years after the termination of this Agreement.

9. LIABILITY

9.1 DeadEasy is not liable to the Customer under any circumstances for direct or indirect loss of profits, sales, revenue, business or anticipated savings, indirect, consequential or special loss, nor for any indirect loss or damage, nor for the destruction of data.

9.2 DeadEasy excludes all liability of any kind in respect of any material on the Internet which can be accessed using the service and is not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the service or on the Internet.

9.3 DeadEasy is not liable to the Customer either under any circumstances for the acts or omissions of other providers of telecommunications or Internet services (including domain name registration authorities) or for faults in or failures of their equipment.

9.4 If DeadEasy is unable to perform any obligation under this Agreement because of a matter beyond its reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or acts of local or central Government or other competent authorities, or events beyond the reasonable control of it's suppliers, it will have no liability for that failure to perform.

9.5 Each provision of this Agreement, excluding or limiting liability, operates separately. If any part is held by a court to be unreasonable or inapplicable, the other parts shall continue to apply.

10. ANTI-SPAM POLICY

10.a Please read our separate anti-spam policy as part of this Agreement.

11. DEADEASY

11.1 DeadEasy is not to be used to send unsolicited emails.

11.2 DeadEasy reserve the right to delete or archive report data that is older than 12 months.

12. TERMINATION OF AGREEMENT

12.1 Either party may terminate this Agreement on 14 days notice to the other, without prejudice to any rights that may have accrued before termination.

12.2 When an account has been running for 45 days or less all expenses and setup costs will be borne by the User.

13. BREACHES OF AGREEMENT

13.1 Either party may terminate this Agreement if the other:

13.1.a Commits a material breach of this Agreement, which is capable of remedy, and fails to remedy the breach within a reasonable time of a written notice to do so;

13.1.b Commits a material breach of this Agreement which cannot be remedied; or

13.1.c Is repeatedly in breach of this Agreement.

13.2 If any of the events detailed in section 13.1.a to 13.1.c occur because of the Customer or an authorised User, DeadEasy may suspend the service without prejudice to its right to terminate this Agreement. DeadEasy reserves the right to suspend or terminate any authorised User's use of the service as an alternative remedy to immediate termination of the Agreement. This remedy is without prejudice to DeadEasy's right subsequently to suspend or terminate the Agreement. DeadEasy may refuse to restore service which has been suspended under this section until it has received assurances satisfactory to DeadEasy that the breach has been remedied and will not be repeated.

13.3 Termination under this paragraph is without prejudice to any rights that may have accrued before termination.

13.4 If either party delays in acting upon a breach of this Agreement that delay will not be regarded as a waiver of that breach. If either party waives a breach of this Agreement that waiver is limited to that particular breach.

14. CHANGES TO THIS AGREEMENT

14.1 DeadEasy can change the Conditions of this Agreement at any time on 14 days notice to the Customer.

15. ASSIGNMENT

15.1 Neither party may assign or transfer any of its rights or legal obligations under this Agreement, without the written consent of the other.

16. ENTIRE AGREEMENT

16.1 This Agreement contains the whole agreement between the parties and supersedes all previous written or oral agreements relating to its subject matter.

17. NOTICES

17.1 Notices given under this Agreement may be delivered on-line or by e-mail. Additionally, DeadEasy may publish notices to the Customer via the DeadEasy website; notices will be deemed effective on the date of publication, or otherwise as notified to the Customer by DeadEasy. A notice from DeadEasy which is sent by e-mail to the Customer's e-mail address will be deemed effective 3 days after the date it is sent. A notice from the Customer to DeadEasy will be deemed effective when received by DeadEasy at the e-mail address notified by DeadEasy to the Customer.

18. LAW

18.1 This Agreement is governed by the law of England and Wales, and the Customer submits to the exclusive jurisdiction of the Courts of England and Wales.