These terms of service (the Terms) relate to your use of the Services provided by Ian Barnes trading as Praeparo, under the domain name praeparo.com (‘the Website’). These Terms and Conditions (“Agreement”) forms a legally binding contract between Praeparo and you (“Customer,” “You”, “Yourself”, “Your” or “User”) that shall govern the purchase and use, in any manner, of the services provided by Praeparo (collectively, the “Services”).
By purchasing and/or using the Services in any manner, you represent that you have read, understand, and agree to all terms and conditions set forth in this Agreement.
If you do not agree to all the terms and conditions set forth in this Agreement, then you should not use any of the Services.
Ownership and Services Purchased
The individual or entity set out in our records as the primary billing contact shall be the owner of the account.
You must provide accurate and complete registration information any time you register to use any of the Services. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Praeparo immediately. Accordingly, you agree that you will be solely responsible for all activities which occur under your account.
The features and details of the Services governed by this Agreement are described within the Services Description Email sent to you and your email reply accepting them, are referred to as the “Services”. Praeparo may modify the products and services it offers from time to time.
Certain aspects of the Services are provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the services provided by them. You may terminate this Agreement if such a change materially affects the Services.
In using the Website and/or Services, you agree as follows
This Agreement becomes effective immediately you access the Website or when you click “I Agree.” if ordering online or replies to the email stating that they accept the Services Description Emails (“Effective Date”) and remains effective and binding until terminated by either party as outlined below. This Agreement may only be modified by a written amendment signed by Praeparo.
The term of this Agreement is set to the Customer’s billing term (“Term”). If no Term is set out, the Term shall be 30 days. Upon expiration of the initial Term, this Agreement shall renew on our standard 30-day rolling contract.
PLEASE KEEP IN MIND THAT SOME OF THE CONTENT THAT WE MAKE AVAILABLE TO YOU THROUGH PRAEPARO SERVICES MAY ORIGINATE FROM THIRD-PARTY SERVICES. ALL SUCH THIRD-PARTY CONTENT IS PROVIDED TO YOU “AS IS.” AND YOUR USE THEREOF MAY BE SUBJECT TO CHANGE AND/OR REMOVAL AT ANY TIME BEYOND THE CONTROL OF PRAEPARO. PRAEPARO, SHALL UNDER NO CIRCUMSTANCES WHATSOEVER ACCEPT LIABILITY RESULTING FROM YOUR USE OF ANY SUCH THIRD-PARTY SERVICES AND/OR CONTENT.
You agree to use the Services for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
Unless you have been specifically permitted to do so in a separate agreement with Praeparo, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You agree not to engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Any license to use any third-party applications is granted directly from the original provider of the third-party application(s) directly to you. You agree to abide by all the terms and conditions of any such license. You will be solely responsible for paying for and obtaining the rights to any third-party applications you install and/or operate through and/or in connection with the Services, and for compliance with the applicable terms and conditions of each third-party application license.
Some of the Services may require that you establish your own account with one or more third-party providers. You will be solely responsible for paying for and establishing an account with each third-party you select, and for compliance with the terms of use applicable thereto. You agree to abide by the terms of service and acceptable use policy (AUP) of each third-party that you use through the Services (if any). You must provide Praeparo with any account credentials that are necessary for Praeparo to access and manage your use of the third-party, including, without limitation, accessing servers as necessary to identify or resolve technical problems or to respond to any issues related to or connected with the Services. Praeparo will use reasonable efforts to maintain the confidentiality and security of credentials provided.
Praeparo has also established its own accounts with one or more third-party providers, which Praeparo may use to provide you with the services. Praeparo will be responsible for paying for and establishing the account, and you will be responsible for paying Praeparo the portion of the fees allocated to you (of which you will be notified in advance), and for compliance with the terms of use applicable thereto.
Limitation of Liability
To the fullest extent permitted by law, under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall Praeparo or any other contributor or supplier of Praeparo, be liable to any person for any indirect, special, incidental, or consequential damages of any kind including, without limitation, damages for loss of goodwill, work stoppage, interruption of the services. computer failure or malfunction, loss of data, or any and all other commercial damages or losses, even if such party shall have been informed of the possibility of such damages. You further understand and agree that while every reasonable precaution shall be undertaken by Praeparo, We are not /shall not be responsible for any loss or damage incurred by you, including but not limited to loss or damage as a result of:
- Any changes to the Services made by Praeparo, or any temporary or permanent cessation in the provision of the Services (or any features within the Services),
- The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of service,
- Interruption of services, malware (including viruses and/or Trojans) and/or other errors over which Praeparo has no control,
- Any third-party services and/or content of any kind. You understand that any hyperlinks to third party websites shall be regulated by the terms and conditions of third parties and that access to/use of such third party website shall be at your own risk.
Without prejudice to the foregoing, should a court of law or other adjudicating body still find against Praeparo regarding any matter relating to the Services, Praeparo maximum liability against the claimant shall not exceed the total amount in fees which the claimant was paying/shall pay for six months of the Services in question.
Mutual Confidentiality
Both parties (Praeparo and Customer) agree not to disclose to any third-party confidential information of Praeparo, or the User, except as may be necessary for Praeparo to offer the Services. Both parties further agree that they will not use, remove, transfer, transmit, reproduce or otherwise deal with confidential information or other tangible or intangible property of either party, except for the sole purpose of performing the Services.
General Legal Terms
Praeparo may make changes to the Terms from time to time. When these changes are made, Praeparo will make a new copy of the Terms available at praeparo.com/terms-and-conditions. Praeparo will also notify You of any substantial changes on the email address provided by You during the registration process, and give You the opportunity to terminate Your contract with Us should you not agree with these substantial changes. You understand and agree that if you use the Services after the date indicated in the said email, Praeparo will treat your use as acceptance of the updated Terms.
Praeparo is constantly striving to better its service offering and will contact the User using the email (or telephone number) provided after sign up for these and other purposes specifically relating to the Services such as: sending welcome emails, sending password reset information, notification of billing, follow-up on signup, and for other messaging needs.
The Services may include hyperlinks to other websites, content or resources. Praeparo may have no control over any websites or resources which are provided by companies or persons other than Praeparo. The User agrees to be bound exclusively by the terms and conditions of any such third party web site.
You acknowledge and agree that Praeparo is not responsible for the availability of any such external sites or resources and does not endorse any advertising, products or other materials on or available from such websites or resources.
You agree that if Praeparo does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Praeparo has the benefit of under any applicable law), this will not be taken to be a formal waiver of Praeparo rights and that those rights or remedies will still be available to Praeparo.
Praeparo employs industry standards technology and best practices to store and protect your Cloud and Application login information. In no case shall Praeparo be held liable for any damages incurred as a result of such network or software related breach. In case of a breach, Praeparo will immediately notify you via email or phone call, as Praeparo deems sufficient, to take necessary actions from your end.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
Praeparo may automatically backup and shutdown applications and servers at various times, including without limitation, when you log out of the Service, if you do not respond to a prompt after a certain period of time, or if you explicitly request, or if Praeparo detects that your application or server is malfunctioning. The data and software backed up during this process (a “Backup”) can be restored, but such restoration is not guaranteed to reproduce the exact state of the application or server at the time the Backup was created.
Praeparo reserves the right to modify or discontinue the features, functionality and other attributes of the Services at any time at its sole discretion. You acknowledge and agree that Praeparo will not be liable to you in connection with its modification or discontinuation of the Services.
Backup Services
Your use of Praeparo Services is at your sole risk. Praeparo is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Praeparo servers. Any and all backup services provided by Praeparo, are offered with no warranty or guarantee of their date, accuracy, and integrity.
By requesting that Praeparo restore a backup for you, you also confirm a backup restoration will overwrite any and all current data on your account. Praeparo cannot be held liable if a backup restoration does not complete successfully.
Support Level
Support is offerred at the level described in the Services Description Email and may be no-support, standard or premium:
- No-support is where Praeparo has no obligation to provide technical support.
- Standard is where Praeparo will provide technical support to you between 08:00 and 18:00 7 days a week, excluding United Kingdom public holidays.
- Premium is where Praeparo will provide technical support to you twenty-four (24) hours a day, three-hundred-sixty-five (365) days a year.
The only official method for technical support is via Praeparo’s help desk.
Praeparo does not provide support for any third-party software including, but not limited to, software offered by but not developed by Praeparo.
Billable Period
The charging period is described in the Services Description Email and may be a combination of charges in advance and in arrears:
- in advance, meaning that you will receive an invoice during the first week of every month for the Services that You have requested for the current month
- in arrears, meaning that you will receive an invoice during the first week of every month for the Services that You used in the previous month.
All fees are billed in Sterling (“GBP”).
Any invoice not paid in full will be given a seven (7) day grace period. If payment is not made within the seven (7) day grace period, Praeparo reserves the right to suspend your Service(s) and to charge a £15.00 “late penalty.” Fourteen (14) days following suspension of Services for non-payment, Praeparo reserves the right to terminate Service(s) for non-payment.
Praeparo is not responsible for any damages or losses as a result of suspension or termination for non-payment of your account. Any termination will delete all content including backups contained on elements of the Service provided. In addition, Praeparo reserves the right to refuse to re-activate your Services until any and all outstanding invoice(s) have been paid in full.
Governing Law
Praeparo is located within the United Kingdom and as such, we are required to comply with the laws of the United Kingdom, regardless of where the Services are provided.
Agreement Date: 14th April 2021