Terms of Service

Terms of Service

IMPORTANT — PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE YOU USE THE WEBSITES OR ATTEMPT TO ACCESS ANY SERVICES. BY ACCESSING THE WEBSITES OR BY UTILISING ANY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

These terms (the “Terms of Service“) apply to your use of *.Kuwinda.io (the “Websites“) and any purchase or use by you of any software, products or services that may be made available to you through it (collectively, the “Services“).

The Websites are operated by Kuwinda.

By using the Websites, you agree to be bound by and to use the Websites in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Websites, or to products and services that we make available to you through the Websites (all of which are deemed part of these Terms of Service). Accessing the Websites, in any manner, whether automated or otherwise, constitutes use of that Websites and your agreement to be bound by these Terms of Service.

Contents

Acceptable Use of Service

Licenses and accounts are for the use of the primary owner only. You agree that the Kuwinda Software (the “Software“) is supplied by Malcolm Consulting Limited, and is licensed, not sold, under the terms of its End User Licence Agreement (“EULA“) and that the EULA will govern all use of the Software by you. You accept that you have no right to use the Software without agreeing to the terms of the EULA in full.

Malcolm Consulting Limited holds the right to refuse service and/or access to any party.

Payment Policy

Accounts may be paid monthly for leased licenses, or “one off” for owned licenses. Payment must be made by ‘PayPal’ or ‘Credit Card’. Other payment methods are permitted at the discretion of Malcolm Consulting Limited. Service will start from the date the license is set up.

All payments are due in full on the monthly renewal date. Failure to remit payment 5 (five) days after the monthly renewal date will result in suspension of service. If after 14 (fourteen) days the full payment has not been received, Malcolm Consulting Limited reserves the right to terminate all services without further notice.

All payment is to be made in United States of America Dollar ($USD) unless stated otherwise.

Delivery

All licenses shall be issued instantly upon Malcolm Consulting Limited receiving to its satisfaction confirmation of receipt of payment from the chosen gateway processor.

Professional services offered by Malcolm Consulting Limited typically take 2 business days to be completed, but this is not a guaranteed completion time, and at peak times such as new releases, they may take longer.

Cancellations and Refunds

Customers may cancel their service at any time. In this event, all start-up incentives and loyalty schemes will be cancelled without refund. If the service is cancelled before the end of the billing period, fees charged on a prepay basis are non-refundable. In addition some accounts may incur set up fees, these charges are also non-refundable.

Malcolm Consulting Limited reserves the right to cancel the service and access to the service at any time. If a customer contravenes these terms of service, a refund will not be issued in the event of a cancellation.

You are required to give Malcolm Consulting Limited 7 (seven) days notice to cancel your service else your contract shall automatically be renewed. Notices should be sent to billing [@] kuwinda.io

Refunds are not issued for server failure/issues, lack of features or if your server does not meet the Software Requirements. Requests for refunds are determined on individual circumstances and are at the discretion of Malcolm Consulting Limited. Professional service charges are not refundable under any circumstances. Refunds are not available after 28 days from purchase date.

License Transfers

Owned licenses with active support and updates may be resold or transferred to another user/organisation, with a transfer fee of $50.00 to be payable by the current license owner. Monthly licenses, add-ons, services and any free license benefits cannot be resold or transferred under any circumstances. All license transfers must be requested to Malcolm Consulting Limited, any unauthorised transfers will result in license termination.

Before arranging to transfer your license, please contact us to verify the eligibility of transferring your license key. Upon request of transfer, we will issue an invoice for the license transfer fee. The license will be transferred to the new owner following receipt of payment. All transfers are final and cannot be reversed.

Consequential Loss and Compensation

Malcolm Consulting Limited accepts no liability for any loss, however so arising, suffered as a result of any failure or fault in the Software or Services provided by Malcolm Consulting Limited. Any compensation shall be at the discretion of Malcolm Consulting Limited and shall not exceed the paid value of the loss of service provided. This compensation may take the form of an extension of the defective service or substitution with another service of equal or higher value or cash all at the discretion of Malcolm Consulting Limited.

User Conduct

Abusive behaviour not limited to swearing, cursing, insulting, and or threatening behaviour towards Malcolm Consulting Limited, its staff or customers is strictly forbidden. Personal abuse of any kind, whether transmitted across live chat, an instant messenger, email, support ticket, or any other means will result in immediate termination of service. In this event the customer will not be issued any refund.

Customer Information

It is the customers duty to keep Malcolm Consulting Limited informed of any changes of personal details. This includes and is not limited to your email address, address and telephone number. Email is the preferred contact method for general communication. Malcolm Consulting Limited will not be held responsible for any loss of communication or problems that arise as a result of customers not informing Malcolm Consulting Limited of their current and accurate contact details.

Malcolm Consulting Limited processes information in accordance with its Privacy Policy which is incorporated into these Terms of Service. By using Kuwinda software and the Websites, you agree that Malcolm Consulting Limited can use such data in accordance with its Privacy Policy and you warrant that all data provided by you is true, correct and accurate.

Quality of Services

Although Malcolm Consulting Limited will make the best efforts to provide quality and uninterrupted services this is not guaranteed. Malcolm Consulting Limited does not guarantee that the Websites, or any content on it, will always be available or be uninterrupted. Access to the Websites is permitted on a temporary basis. Malcolm Consulting Limited may suspend, withdraw, discontinue or change all or any part of the Websites for business or operational reasons. Malcolm Consulting Limited will try to give you reasonable notice of any suspension or withdrawal. Malcolm Consulting Limited will not be liable to you if for any reason the Websites is unavailable at any time or for any period.

Viruses & Security

Malcolm Consulting Limited does not guarantee that the Websites will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Websites securely. You should use your own virus protection software.

Malcolm Consulting Limited will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Websites or to your downloading of any content on it, or on any websites linked to it.

You must not misuse the Websites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Websites, the server on which the Websites is stored or any server, computer or database connected to the Websites. You must not attack the Websites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. Malcolm Consulting Limited will report any such breach to the relevant law enforcement authorities and Malcolm Consulting Limited will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Websites will cease immediately.

Links to Other Websites

Malcolm Consulting Limited assume no responsibility for the content of websites linked to from their website. Such links should not be interpreted as endorsement by us of those linked websites. Malcolm Consulting Limited will not be liable for any loss or damage that may arise from your use of them.

Linking to the Websites

You may link to pages of the Websites, provided you do so in a way that is fair and legal and does not damage the reputation of Malcolm Consulting Limited or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of Malcolm Consulting Limited where none exists. You must not establish a link to the Websites in any website that is not owned by you. The Websites must not be framed on any other site.

Malcolm Consulting Limited reserve the right to withdraw linking permission without notice.

Indemnification

The customer agrees that it shall defend, indemnify, save and hold Malcolm Consulting Limited harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Malcolm Consulting Limited, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless Malcolm Consulting Limited against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Malcolm Consulting Limited’s server; (2) any material supplied by the customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Malcolm Consulting Limited’s server.

Disclaimer

Malcolm Consulting Limited will not be responsible for any damages your business may suffer. Malcolm Consulting Limited makes no warranties of any kind, expressed or implied for services we provide. Malcolm Consulting Limited disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Malcolm Consulting Limited and its employees. No failure or delay by Malcolm Consulting Limited in exercising any of its rights under these Terms of Service shall be deemed to be a waiver of that right.

No person who is not a party to these Terms of Service has any right to rely upon or enforce any of the Terms of Service.

Trademarks

Kuwinda name and the Kuwinda logo are trademarks of Malcolm Consulting Limited. All rights reserved. All other trademarks are the property of their respective owners.

Variation in Terms

Malcolm Consulting Limited reserves the right to amend or update these Terms of Service at any time, with or without notice. Such changes shall take effect immediately and shall apply to all subsequent use by you of the Websites or Services. Every time you wish to use the Websites, please check these terms to ensure you understand the terms that apply at that time. Please see below for when these terms were most recently updated.

Applicable Law and Jurisdiction

Please note that these Terms of Service, its subject matter and its formation, are governed by English law. You and Malcolm Consulting Limited both agree that the courts of England and Wales will have exclusive jurisdiction.

Each of the paragraphs of these Terms of Service operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

Last updated: 11th October 2018