As part of Live Softworks Limited's online service you will receive access to the services including a downloadable binary, SSL data encryption and storage of data. Your registration for, or use of, the service shall be deemed to be your Agreement to abide by this Agreement including any materials available on the Live Softworks Limited website incorporated by reference herein, including but not limited to Live Softworks Limited's privacy and security policies. The service is offered in Silver, Gold and Platinum packages with various data and usage allowances.
The following are standard definitions and interpretations used throughout the use of the Live Softworks Limited and Fuse system.
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
"The Company" - Live Softworks Limited;
"Customer" - means the individual, business, or other organisation with whom the Company contracts;
"Agreement" - means any Agreements entered into between the Company and a Customer to which these standard Terms and Conditions apply;
"Supplier" - means any supplier of Products or Services to the Company;
"Products" - means computer hardware, software and associated equipment that may be supplied by the Company; and
"Services" - means any service supplied by the Company inclusive of the Fuse software.
1.2 Any reference to a day or days refers to business days - that is any day which is not a weekend or public or bank holiday in England.
1.3 The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
2.1 Your privacy is of great importance to the company and every effort will be made to ensure this privacy. The company will
not disclose your personal information to anyone and all data is stored securely whereby only authorised people have access.
Live Softworks Limited hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Live Softworks Limited and its licensors. You may not access the Service if you are a direct competitor of Live Softworks Limited, except with Live Softworks Limited's prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes unless authorised. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet 'links' to the Service or 'frame' or 'mirror' any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service. You may use the Service only for your internal business purposes and shall not: (i) send unsolicited emails, SMS, spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorised access to the Service or its related systems or networks.
You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify Live Softworks Limited immediately of any unauthorised use of any password or account or any other known or suspected breach of security; (ii) report to Live Softworks Limited immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another Live Softworks Limited user or provide false identity information to gain access to or use the Service.
Live Softworks Limited does not own any data, information or material that you submit to the Service in the course of using the Service ('Customer Data'). You, not Live Softworks Limited, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and Live Softworks Limited shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. In the event this Agreement is terminated (other than by reason of your breach), Live Softworks Limited will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. Live Softworks Limited reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and Live Softworks Limited shall have no obligation to maintain or forward any Customer Data.Each party agrees that during and after the term of the Agreement, it will keep confidential and will not use for its own purposes any information of a commercial or confidential nature which may become known to that party. All parties agree not to use or disclose such information unless it is: a) already in the public domain; b) comes lawfully into the possession of that party from a third party under no obligation of confidentiality; c) is already known to the party at time of disclosure; or d) enters the public domain by reasons other than a breach of this Agreement. Each party may disclose confidential information to its employees and contractors as may be reasonably necessary to carry out its obligations under the Agreement.
Live Softworks Limited alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Live Softworks Limited technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Live Softworks Limited Technology or the Intellectual Property Rights owned by Live Softworks Limited. The Live Softworks Limited name, the Live Softworks Limited logo, and the product names associated with the Service are trademarks of Live Softworks Limited or third parties, and no right or license is granted to use them.
Only persons older than 18 can make payments via our Debit and Credit card payment system. If you are younger than 18 you need to make alternative payment or have someone pay on your behalf. The youngest age a Fuse account holder can be is 16 years of age. Charges are monthly. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Payments for the service must be made monthly in advance unless otherwise mutually agreed upon. All payment obligations are non-cancellable and all amounts paid are non-refundable. Live Softworks Limited reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail. All pricing terms are confidential, and you agree not to disclose them to any third party. Initial setup, bespoke work and training fees are subject to separate negotiation and are paid upon delivery. Live Softworks Limited will not undertake any work without first receiving the correct amount. Your first month’s payment to use the Live Softworks Limited system is non-refundable and by signing up and using our service you agree to this. The first payment includes a cost of setting up your account and therefore regardless of choosing to no longer use Live Softworks Limited, you are still required to pay this. Refunds, where applicable, will be dealt with by the Managing Director. All refunds are at the sole discretion of the Managing Director and no one else. If it is deemed you are due a refund, you will receive either a cheque, bank transfer or PayPal transfer within 14 days of the date of the refund having been agreed. The method of refund is at the discretion of the Managing Director also. A refund can be requested by emailing billing@Live Softworks Limited.com - if you are not satisfied by the response provided by the billing department then you may email director@Live Softworks Limited.com. Prices are agreed based on a set number of products and/or orders dependent on the chosen package. Any chargeable services used in addition to your standard package charge will be applied to your next invoice. Overuse charges may apply on some packages and will be included as part of the monthly fee where applicable. Where your monthly charge includes a maximum number of orders per month, you will receive a courtesy email to the address supplied when you reach 90% of that maximum. If your order limit is exceeded, Live Softworks Limited reserves the right to upgrade you to the most appropriate package and apply the additional fee on your next invoice.
Live Softworks Limited charges monthly in advance for use of the Service. You will automatically issued an invoice for each month upon receipt of payment. Payment is to be made through PayPal, Bank Transfer, Cheque or Debit/Credit card. Fees for other services will be charged on an as-quoted basis. Live Softworks Limited's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to provide Live Softworks Limited with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorised billing contact. You agree to update this information within 7 days of any change to it. If the contact information you have provided is false or fraudulent, Live Softworks Limited reserves the right to terminate your access to the Service in addition to any other legal remedies. If you believe your bill is incorrect, you must contact the company in writing within 15 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit. In writing is by letter send by first class post.
In addition to any other rights granted to Live Softworks Limited herein, Live Softworks Limited reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent (falls into arrears). If you or Live Softworks Limited initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees section above. You agree that Live Softworks Limited may charge such unpaid fees to your deposit, debit/credit card or otherwise bill you for such unpaid fees. You agree and acknowledge that Live Softworks Limited has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is 30 days or more delinquent
Any breach of your payment obligations or unauthorised use of the Live Softworks Limited Technology or Service will be deemed a material breach of this Agreement. Live Softworks Limited, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. You agree and acknowledge that Live Softworks Limited has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach. If you wish to cancel your service then you can do so by means of email or letter. The notice period shall depend upon your agreed price plan. You may cancel at any time unless you have an Agreement to stay with us for a certain length of time. Cancellation of package mid-month does not entitle you to any sort of refund. You may terminate the contract immediately in writing to Live Softworks Limited if due to a fault or failure of the Company the service is: a) unavailable for three consecutive days; or b) unavailable for five days in any thirty day period.
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Live Softworks Limited represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the online Live Softworks Limited help documentation under normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct.
You shall indemnify and hold Live Softworks Limited, its licensors and each such party's parent organisations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iii) a claim arising from the breach by you or your Users of this Agreement, provided in any such case that Live Softworks Limited (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defence and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release Live Softworks Limited of all liability and such settlement does not affect Live Softworks Limited's business or Service); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim. Live Softworks Limited shall indemnify and hold you and your parent organisations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that the Service directly infringes a copyright, or a trademark of a third party; (ii) a claim, which if true, would constitute a violation by Live Softworks Limited of its representations or warranties; or (iii) a claim arising from breach of this Agreement by Live Softworks Limited; provided that you (a) promptly give written notice of the claim to Live Softworks Limited; (b) give Live Softworks Limited sole control of the defence and settlement of the claim (provided that Live Softworks Limited may not settle or defend any claim unless it unconditionally releases you of all liability); (c) provide to Live Softworks Limited all available information and assistance; and (d) have not compromised or settled such claim. Live Softworks Limited shall have no indemnification obligation, and you shall indemnify Live Softworks Limited pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Service with any of your products, service, hardware or business process(s).
Live Softworks Limited and its licensors make no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the service or any content. Live Softworks Limited and its licensors do not represent or warrant that (a) the use of the service will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the service will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your requirements or expectations, or (e) the service or the server(s) that make the service available are free of viruses or other harmful components. The service and all content is provided to you strictly on an 'as is' basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by Live Softworks Limited and its licensors.
Live Softworks Limited's services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Live Softworks Limited is not responsible for any delays, delivery failures, or other damage resulting from such problems.
In no event shall either party's aggregate liability exceed the amounts actually paid by and/or due from you in the twelve (12) month period immediately preceding the event giving rise to such claim. In no event shall either party and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with this service, including but not limited to the use or inability to use the service, or for any content obtained from or through the service, any interruption, inaccuracy, error or omission, regardless of cause in the content, even if the party from which damages are being sought or such party's licensors have been previously advised of the possibility of such damages.
Subject to the Agreement of the parties, if any dispute or difference shall arise between the Company and the Customer on any matter relating to or arising out of the Agreement, such a dispute shall be referred to the arbitration of a single Arbitrator to be agreed upon by the parties or failing Agreement to be appointed by the then President of the Law Society of England and Wales.
The Agreement shall be governed by and construed in accordance with the laws of England and Wales. Any dispute concerning it or its interpretation shall be adjudicated in that Jurisdiction.
Live Softworks Limited may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in Live Softworks Limited's account information, or by written communication sent by letter to your address on record in Live Softworks Limited's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting or 12 hours after sending by email. You may give notice to Live Softworks Limited (such notice shall be deemed given when received by Live Softworks Limited) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class signed for, guaranteed postage prepaid mail to Live Softworks Limited, Unit 6 Neepsend Triangle Busines Centre, 1 Burton Road, Sheffield S3 8BW.
Live Softworks Limited reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
In the event that any party is prevented from complying with the obligations listed in this Agreement by any cause beyond its reasonable control, such as flooding, fire, earthquake, rioting or civil disorder, act of God, act of terrorism, strikes, lockouts or other industrial action on the part of Live Softworks Limited staff, then such obligations will be suspended for the duration of the event. Should said event continue to prevent the party from complying with the obligations of the Agreement for more than thirty days, either party may terminate the Agreement immediately in writing to the other party.
Any features or developments made by Live Softworks Limited to the service which are added after the start of the Agreement will be subject to the terms of this Agreement, unless agreed otherwise in writing.
Offers or discounts for new customers shall be applied from the date of commencement of the Agreement. Where an offer or discount is applied to an ongoing Agreement, the changes will be applied at the next invoice date. Offers or discounts are limited to one per customer and cannot be used in parallel to, or following from the end of another offer without the Agreement of Live Softworks Limited. The standard terms of the Agreement shall not be altered beyond the specific detail of the offer or discount, and all standard obligations shall otherwise apply for all parties for the period of the offer or discount.
Before taking out any service with Live Softworks Limited, the customer shall verify their computer equipment and internet connection meets the minimum specifications of the software available at https://www.livesoftworks.com/faq/. Live Softworks Limited are not responsible for costs associated with computer equipment, internet connection or bandwidth usage.