These terms and conditions are incorporated into any Contract for the supply of services by us to you. You agree to be bound by these terms and conditions if you use the service.
In these terms and conditions the following words and phrases have the following meanings:-
The term “the web service” or “the service” or “Workwise Portal” refers to the Workwise Portal web based CRM application.
The13 Risingham Mead Westlea, Swindon, SN5 7AX. Our company registration number is 07892425 (Workwise Business Systems Ltd), 07874512 (Workwise Portal Limited) both registered in England and Wales.
The term "site" means the website www.workwiseportal.com
The term “instance” refers to the uniquely set up and configured hosted version of Workwise Portal made available to you.
The term “you” refers to the customer.
1.1. The web service is only to be used for the purposes of managing customer and associated information by a single business per instance of Workwise Portal.
1.2. We make no representations as to the integrity or suitability for purpose of the data provided by you in conjunction with the service
1.3. The web service is not intended to be a replacement for accurate bookkeeping and accounting and is provided ‘as is’
Unless we have otherwise expressly agreed in writing all notices from you to us must be in writing and sent to our contact address Workwise Business Systems Limited, 13 Risingham Mead, Westlea, Swindon, SN5 7AX. All notices from us to you will be displayed on our website from time to time.
3. Events beyond our control
We will have no liability to you for any failure on the part of ourselves or our sponsors or any other person firm or business having a link to this site to deliver goods or services that you may have ordered or requested or for the delay in doing so or for any damage or defect to goods or services delivered or reliance placed by you upon the information and advice given by such persons that is caused by any event or circumstance beyond our reasonable control including, without any limitation, strikes, lock-outs and other forms of industrial disputes, the breakdown of systems or network access, fire, flood, explosion or accident.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not so far as permitted by law be affected.
5. Governing Law
The Contract between us shall be governed by and interpreted in accordance with English Law and the English Courts shall have jurisdiction to resolve any disputes between us.
6. Entire Agreement
6.1. These terms and conditions together with our current website pages, prices where applicable, delivery details, contact details and privacy policies set out the whole of our agreement relating to the supply of services to you by us. Nothing said by any person or representative on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any services offered for sale or to be provided by us. Apart from fraud or fraudulent misrepresentation the Supplier shall have no liability for any such representation proving to be untrue or misleading.
6.2. We reserve the right from time to time to modify these terms and conditions by publishing the modified terms and conditions on our site. Any modifications shall take effect on the day of posting on the site.
7. Data Protection
We will hold password and email details to enable access to user accounts, data processing and email correspondence but will not otherwise hold personal data of a type that requires registration under the Data Protection Act as a data controller. Any subsequent changes to this policy will be notified here.
8.1. Any waiver by us of any of these terms and conditions shall be limited to the particular instance and shall not operate or be deemed to operate as a future waiver of that or any other term.
8.2. No liability for the contents of any other websites to which the site has links is assumed by us.
8.3. We limit usage of the service to the agreed number of users as specified in the product offer. Unless otherwise stated, usage levels refer to the totality of different users who are required to access the service in the client organisation.
8.4. The service is supplied subject to the licence terms and conditions supplied with the product. The Customer is required to review and accept these terms before first using the product. Use of the product is implied acceptance of the terms.
8.5. Delivery of online products is made using the World Wide Web. All warranties, express or implied, regarding the availability of any online product at any particular time or times are excluded.
8.6. We use our reasonable endeavours to ensure that the data on the site is correct and accurate. Where errors or inaccuracies are discovered by us we will correct them as quickly as possible after being notified of them. It is important to note that we do not monitor, verify or endorse information submitted for posting on the site and you should be aware therefore that such information may contain inaccuracies or be incomplete or out of date. We disclaim all warranties and representations insofar as permissible by law (whether express or implied) as to the accuracy of any information contained on the site.
8.7. Any liability we may have for any losses or claims arising from an inability to access the site, or from any use of the site or reliance on the information or data transmitted using the site, is excluded to the fullest extent permitted by law. We shall not be liable for any direct, indirect or consequential losses of any kind in contract, tort or otherwise arising out of use of the site, save where such liability cannot be excluded by law.
8.8. We warrant that the version of the service supplied will be free of defects that prevent access by you and meet the full required operating capability.
9. Website information
9.1. Owing to the nature of the internet access to the site may be suspended, restricted or terminated at any time. We will try to give you uninterrupted access to the site, but we must and do reserve the right to amend, alter, substitute or remove without notice any information on the site from time to time.
10. Copyright and Intellectual Property rights
10.1. The copyright in the material contained in the site, together with the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to us or the providers of such information. All rights are reserved.
10.2. You may not reproduce or redistribute for commercial purposes without our written consent any material or information contained on our site. You may not copy the web service web pages or documentation, or merge, adapt, vary or modify the web service, or disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the web service.
10.3. Your copyright in data or information supplied by you to the site is acknowledged by us. You are deemed to have granted us an exclusive royalty free non-terminable licence world-wide to use, copy, distribute, publish and transmit such data or information in any manner.
11.1. All disclaimers, indemnities and exclusions in this Contract shall survive termination for any reason.
11.2. The general disclaimer whenever set out on the site is deemed to be incorporated in and be a part of these terms and conditions.
13.1. If you are required to make any payments to us we will tell you. In which case you shall pay any fees incurred by you at the rates in effect when such fees are incurred. You shall also pay all applicable Value Added Tax or similar taxes related to any charges made by us for the use of the site at the same time where applicable.
13.2. We will notify you by e-mail before on the anniversary of the commencement date of the subscription of the price payable for the next subscription period and of any change to the licence terms and conditions applicable to the service.
14. Data submitted by you
14.1. We accept no liability for data supplied by any user for display on the site and the limitations in condition 8 above apply.
14.2. If you submit data for display on the site you are responsible for ensuring that it is accurate, complete and up to date. You are also responsible for amending and updating the data whenever necessary.
14.3. If you submit data to us for inclusion on the site you are responsible for ensuring that no data is uploaded or submitted which is untrue, defamatory, obscene or abusive or otherwise objectionable or in breach of any applicable laws or rights of third parties. We reserve the right (without limiting our rights to seek other remedies) to remove offending material placed on the site which we consider to constitute is inaccurate, out of date, or a misuse of the site or otherwise harmful to other users of the site.
14.4. You warrant that you have taken all reasonable steps to ensure that any data you submit to the site is free from viruses and anything else which may have a contaminating or destructive effect on any part of the site or any other technology.
14.5. You agree to indemnify us against and to hold us harmless from all claims or losses suffered by us arising out of your failure to observe any of the terms of this Condition.
15. User name and password
15.1. On registering with us, you are required to provide a valid email address and password which must be used in order to access certain restricted parts of the site. The email address and password are personal to you and are not transferable to third parties.
15.2. Your email address and password are the methods used by us to identify you. You are responsible for all information posted on the site by anyone using your email address and password and any payments due for services accessed through the site by anyone using your email address and password. Any breach of security of an email address and password must be notified to us immediately.
15.3. You may not adapt or circumvent the systems in place in connection with the site nor access the site other than through normal operations.