By signing up for the ProofQuick service ("Service") or any other service provided by
Alauras Software ("ProofQuick"), you agree to be bound by the following terms and
conditions ("Terms of Service"). If you are signing up on behalf of a legal entity such as
a company, you warrant that you have the authority to sign up on behalf of that legal entity and you
agree that the legal entity will be bound by these Terms of Service.
Any new features that are added to the Service will also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time at: http://www.proofquick.com/terms.
ProofQuick reserves the right to update and change the Terms of Service by posting updates and changes to the ProofQuick website. You are advised to check the Terms of Service from time to time for any updates or changes that may affect you. Your continued use of ProofQuick indicates your acceptance of such updates and changes.
Payment of Fees:
You must provide billing details, including a valid credit card or invoice details on sign-up. Free accounts are not required to provide billing details.
ProofQuick will issue you with an invoice 14 days before the start of each Billing Period. Credit card payments will be processed on the first day of the Billing Period. Invoices must be paid by the first day of the Billing Period.
If you believe that ProofQuick has incorrectly invoiced you, you must contact ProofQuick in writing within fourteen (14) days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.
The Service Charges and Service Fees are exclusive of any Value Added Tax and any other taxes or duties which may be applicable to the provision of the Services, and any such taxes or duties shall be payable by you to the appropriate governmental agency or to ProofQuick at the applicable rate.
Unless ProofQuick in its discretion determines otherwise:
Licensees with headquarters and a majority of users resident in the United Kingdom will be billed in pounds sterling and subject to UK payment terms and pricing schemes ("UK Licensees")
All other Licensees will be billed in U.S. dollars, Euros or local currency and be subject to either UK or non-UK payment terms and pricing schemes at the discretion of ProofQuick ("Non-UK Licensees ").
ProofQuick shall be entitled to interest on late payments at the rate of three per cent (3%) per annum above the base rate of Barclays Bank PLC applicable at such time. Such interest is calculated from the due date until the date of actual payment (both before and after judgment) and accrues on a daily basis. ProofQuick shall also be entitled to recover all costs incurred as a result of such late payment including reasonable expenses and legal fees.
Cancellation and Termination:
The term of this Agreement is for the Billing Period that you choose on sign-up, or in your Profile. This Agreement will automatically renew for further terms of the same length unless you cancel your account.
You may cancel your account at anytime in the Profile of your ProofQuick account.
ProofQuick may also terminate this Agreement if you do not provide a valid credit card for the
payment of fees hereunder. If your credit card is invalid, we will notify you and attempt to charge
the card again in 72 hours. If your credit card is invalid again, we will notify you once again, and
you will have an additional 72 hours to provide us with a new credit card.
If the replacement credit card is invalid, the Service may be cancelled and all the information contained within your account deleted permanently. ProofQuick accepts no liability for information that is deleted due to an invalid credit card.
Once your account is cancelled all of your Content will be immediately deleted from the Service. Since deletion of all data is final, please be sure that you do, in fact, want to cancel your account before doing so.
We reserve the right to modify or terminate the ProofQuick service for any reason, without notice at any time.
Fraud: Without limiting any other remedies, ProofQuick may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
Refunds may be offered at ProofQuick's discretion.
Cancellation and Termination:
Prices for using ProofQuick are subject to change upon 14 days notice from ProofQuick. Such notice may be provided at any time by posting the changes to the ProofQuick web site (www.ProofQuick.com) or the Profile menu of your ProofQuick account via an announcement.
ProofQuick reserves the right at any time to time to modify or discontinue the Service (or any part thereof) with or without notice.
ProofQuick shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROOFQUICK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE AND NON-INFRINGEMENT.
PROOFQUICK WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, PROOFQUICK IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, NON-AVAILABILITY, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE.
PROOFQUICK DOES NOT WARRANT THAT:
THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROOFQUICK SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY 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 PROOFQUICK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
THE USE OR THE INABILITY TO USE THE SERVICE
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 THE SERVICE
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
ANY OTHER MATTER RELATING TO THE SERVICE