1. Acceptance of terms
All web-based services ("Services") provided to you by EuroVillaSearch.co.uk, an affiliate company of Portman Solutions Limited (together herein referred to as We or Us), are provided to you subject to the following terms and conditions of service. Your subscription to any of the Services listed on our website and use of the website indicate that you accept and agree to be bound by these terms and conditions of service.
2. Your registration obligations
In consideration of your use of our Services, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by our registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Services or any portion thereof.
3. Service fees
As consideration for the Services provided by us, you agree to pay all initial and recurring (renewal) fees with respect to your selected payment option. If you do not pay any initial or recurring fees when due or your credit card charge is not accepted for any reason within three (3) business days after any fee is due, or in the event of any chargeback of any payment at any time, we will have the right to immediately suspend or terminate all Services for which payment was not received, without further notice. You agree that we shall have no liability whatsoever with respect to any such suspension or termination. In the case of renewals, it shall be your responsibility to ensure that your billing information is true, accurate, current, and complete at the time that fees are to be charged in accordance with your selected payment option.
4. Member account, password and security
You will select a unique username and password upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session using the LOGOUT link provided. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
5. Free trial account
As a courtesy, we offer a free twenty eight (28) day trial account of our Services to prospective paying users. Paying users of our Services and users of the free trial account of our Services are equally bound to the terms and conditions set forth in these Terms of Service. After the first twenty eight (28) calendar days, your service contract is considered month-to-month. Any setup fees charged during this period, including but not limited to new account setup and optional service upgrades, are non-refundable.
6. The delivery policy
The delivery of the website solution is provided within 48 hours of receipt of the customer's registration form. The customer is then entitled to take advantage of a 28-day trial period before payment is required. The month to month website solution contract is confirmed upon receipt of payment within 28 days.
7. Cancellation terms
The first 28 days of the service is a free trial period (which may be extended for certain promotions). Within this free trial period the customer must have paid either one up-front payment or have agreed to a monthly payment plan should they wish their website to remain activated. Receipt of payment confirms the customer has agreed a month to month contract. Customers wishing to cancel the Service may do so by providing in writing one (1) month's notice by email to the Independent Owners support team. We reserve the right to cancel service at any time as well. If we institute our right of cancellation, all fees paid in advance of the cancellation date will be prorated and refunded to you by EuroVillaSearch.co.uk. Any setup fees charged during the life of your account, including but not limited to new account setup and service upgrades, are non-refundable. Any refund payments due to you will be paid via cheque by postal mail within 14 days of receipt of acceptable cancellation. Any violation of the Terms of Services which results in additional costs will be billed to you, and you agree to pay such debts in a prompt and reasonable manner.
8. Lawful purpose
We reserve the right to refuse service to anyone. You may use our Services for lawful purpose only. Transmission of any material in violation of any Federal, State, or Local regulation is strictly prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. We expressly forbid anyone from using our Services or servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including but not limited to pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is entirely at our sole discretion.
9. Member conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you upload, post, e-mail, or otherwise transmit via our Services. We do not control the Content posted via our Services and, as such, do not guarantee the accuracy, integrity, or quality of such Content. You understand that by using our Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, or otherwise transmitted via our Services.
You agree to not use the Service to upload, post, e-mail or otherwise transmit any Content: (a) that is unlawful, defamatory, obscene, invasive of another's privacy, hateful, or otherwise objectionable; (b) that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information); (c) that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; or (d) that interferes with or disrupts our Services or servers or networks connected to our Services
We and our designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of our company, our users, and the public.
10. Indemnity
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees, harmless from any claim or demand, including reasonable solicitor's / attorney's fees, made by any third party due to or arising out of Content that you submit, post to, or transmit through our Services, your use of our Services, your connection to our Services, your violation of the Terms of Service, or your violation of any rights of another.
11. General practices regarding use and storage
You acknowledge that we may establish general practices and limits concerning use of our Services, including without limitation the maximum number of days that user-configured settings or uploaded Content will be retained by our Services, the maximum capacity for user-configured settings or uploaded Content (such as image library capacity, character limits, mailing list quotas, etc.), the maximum number of e-mail messages that may be sent from an account using our Services, the maximum size of any e-mail message that may be sent from an account using our Services, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access our Services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by our Services. You further acknowledge that we reserve the right to change these general practices and limits at any time, at our sole discretion, with or without notice.
13. Modifications to service
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Services. In the event that our Services are discontinued, you shall be entitled to a full refund for the remaining, unused term of any pre-paid Services.
14. Termination
You agree that we, at our sole discretion, may terminate your password, account (or any part thereof) or use of our Services, and remove and discard any Content within our Services, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. We may also, at our sole discretion and at any time, discontinue providing our Services, or any part thereof, with or without notice. You agree that any termination of your access to our Services may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our Services. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to our Services.
15. Our proprietary rights
You acknowledge and agree that our Services and any necessary software used in connection with our Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by us, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on our Services or our Software, in whole or in part.
16. Disclaimer of warranties
You expressly understand and agree that:
(A) your use of our services is at your sole risk. Our services are provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(B) we make no warranty that (i) our services will meet your requirements, (ii) our services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of our services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through our services will meet your expectations, and (v) any errors in the software will be corrected.
(C) any material downloaded or otherwise obtained through the use of our services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
(D) no advice or information, whether oral or written, obtained by you from us or through or from our services shall create any warranty not expressly stated in the terms of service.
17. Limitation of liability
you expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use of or the inability to use our services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from our services; (iii) unauthorized access to or alteration of your transmissions, data, user-configured settings, or uploaded content; (iv) statements or conduct of any third party on our services; or (v) any other matter relating to our services.
18. Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations above (particularly within the DISCLAIMER OF WARRANTIES and LIMITATIONS OF LIABILITY) may not apply to you.
21. Trademark
EuroVillaSearch.co.uk and the EuroVillaSearch.co.uk logo and copyright of website content are owned by Portman Solutions Limited, Without our prior written permission, you agree not to display or use in any manner Portman Solutions copyrighted material.
22. Unsolicited bulk e-mail
Any user of e-mail or mailing list features included with our Services who sends unsolicited bulk e-mail or advertisements, commercial or otherwise, may have their account suspended or terminated and may be disallowed further service. We have the responsibility and sole discretion to immediately disable any account in order to forestall further abuse or damage to e-mail systems. Should this occur, the user may, at our sole discretion, be notified as soon as reasonably possible.
23. Revision of terms of service
We reserve the right to revise the above Terms of Service at any time. Although it is your responsibility to be up to date with regard to changes to the Terms of Service, we will make reasonable efforts to notify you in the event of a significant change.
Portman Solutions Ltd. 5 Market Place, Peel,Isle of Man IM5 1AB.