LinkUp Technology Terms and Conditions

 

These terms and conditions are to be used in conjunction with any of our other terms and conditions, policies, warranties, copyright, and manufacturers requirements that may be applying from time to time.

We reserve the right on giving notice on our Website/s to alter these conditions at any time (including altering our Acceptable Use Policy and other policies).

1.0 Introduction and definitions

1.1 These terms and conditions ("Conditions") shall govern the agreement between LinkUp Technology Limited ("us" or "we") and the individual or organization applying for the provision of the Goods or Services ("you").

1.2 Our correspondence address is 16 High Street, Bottesford, Nottingham, NG13 0AA. Our registered office is at Nixon Mee Ltd, Unit9, Whitwick Business Centre, Stenson Road, Coalville, Leicestershire, LE67 4JP. Company registered in England No: 4485502 - VAT No: 764 3886 86

1.3 You can contact us by email on enquiries@linkuptechnology.co.uk, telephone 01158240042, fax 01949 851 784.

1.4 We explain in the headings what each clause covers. These headings are for guidance only and are not intended to be legally binding.

1.5 These Conditions take precedence if inconsistent with other material on our Website or distributed by us from time to time.

1.6 The following have particular meanings in these Conditions:

"Acceptable Use Policy" means our guidelines for acceptable use which may be amended from time to time;

"Data" includes information, documents, text, software, music, sound, photography, messages, and other material of any kind in any form;

"Goods" means the goods described on the Website and Individual Quotations and which we agree to sell to you;

"Internet" means the global data network comprising interconnected networks to which we are connected and provide access to you via the Services;

"Personal Data" means Data about any identified or identifiable living person;

"Registry" means either Nominet UK Limited, or CentralNIC Limited, or any other domain names registry that we choose to use from time to time;

"Regulations" means the Consumer Protection (Distance Selling) Regulations;

"Services" means the services described on the Website, or in any additional contract agreed by you and us, and which we agree to provide to you; and

"Website" means our web presence at http://linkuptechnology.co.uk and other locations we advertise from time to time.

1.7 The terms and conditions are organised into the following sections. These sections are seperated for clarification; however are to be interpretted as a whole as applicable to the combination of Goods and Services you may have purchased from us. The information is not intended to confuse however some of the information is necessary to comply with the trading standards and laws of the UK.

a) Offer and Sale of Goods

b) Offer and Sale of Services

c) Warranties

d) Internet Services Related Acceptable Use Policies

e) Payment Details

f) Copyright and Trademarks

g) Privacy Policy

h) Retail Distance Selling Regulations

2.0 Changes to these Conditions

2.1 We reserve the right to alter these Conditions at any time (including altering our Acceptable Use Policy and other policies).

2.2 Any renewal of the Services will in any event be subject to our then current Conditions.

a) Offer and Sale of Goods.

The following terms and conditions ("the Conditions") are the terms on which LinkUp Technology Ltd. ("we or us") sells products and software licenses to the buyer ("you"). These Conditions supersede all other terms and conditions relating to the subject matter of these Conditions. Any agreement ("the Agreement") between LinkUp Technology Ltd. and the Buyer shall be governed by these Conditions. Further to these Conditions please read any additional conditions applying at the time of purchase and to conditions of specific products and services residing in each of the appropriate sections of this web site. Your statutory rights remain unaffected by these conditions.

3.0 Products
3.1 The description and quantity of the products ("the Goods") shall be as quoted at the time of acceptance or as set out in the quotation provided by us to you in ("the Quotation") and signed by you and us.
3.2 Every effort has been made to ensure that products are described as accurately as possible, although we are constantly updating products and the descriptions are intended as a guide only.

4.0 Charges
4.1 VAT will be charged in accordance with UK government regulations ruling at the time of dispatch.

4.2 We may change the price ("the Price") for the Goods from time to time in the event of changes in direct or indirect costs. These changes will be notified to the you either at the time of order or afterwards but before dispatch of the Goods. If the Buyer has paid for the Goods in full at the time of placing their order, the Price then agreed will be held to by LinkUp Technology Ltd. If the Price change occurs after the order has been placed the Buyer will be notified and will have the right to either accept the new price or cancel their order. 
4.3 Packing and carriage is charged at costs clearly stated on our web site in addition to the price of goods. Packaging and carriage for other orders is by quotation, we will confirm order prices, packing and carriage costs before processing the order.
4.4 All invoices are payable within the terms specified on the website. Invoice payment for account holders is to be made by, sterling cheque drawn on a UK bank,  direct debit, card, or by Electronic Transfer to our main account. All transaction bank charges are to be paid by you in full. LinkUp Technology Ltd. shall be entitled at its discretion to charge interest on any overdue amount at a rate of 8% per month on the outstanding overdue balance. Such interest surcharge would immediately become part of the overdue amount.

5.0 DELIVERY
5.1 LinkUp Technology Ltd. shall deliver the Goods to the Buyer at the address of the Buyer provided by the Buyer at the time of the Quotation. Delivery will be via Royal Mail or agreed carrier in the UK and national postal services overseas in accordance with Royal Mail conditions. Delivery by other carriers is available, contact us for details.
5.2 We cannot accept a claim for non-delivery unless we have received written or e-mail notice of it within 14 days of the invoice date. The invoice will either accompany the goods or be sent within 2 days of the Goods being dispatched and in either case will be dated on the date of dispatch. This claim should be addressed to the Customer Service Department at  our correspondence address.
5.3 You must register a claim in writing to the carriers within 10 days of delivery for any Goods received damaged on delivery. We strongly recommend that you show the parcel to the carrier and sign for the Goods as damaged otherwise a claim may be invalid.
5.4 You shall be deemed to have accepted the Goods if they have not been rejected on or before the 10th day after delivery. You shall only be entitled to reject the Goods in whole or in part after such date under exceptional circumstances determined by reference to the particular case.

6.0 RETURN OF GOODS
6.1 The Goods cannot be returned to us without prior authorisation. The Goods returned without a Return Authorisation Number ("RAN") issued by LinkUp Technology Ltd. will be refused and returned to you at your expense. If you find the Goods are not suitable we may at our discretion exchange the Goods for an alternative subject to an additional handling charge of 15% of the Price. In such cases you must in the first instance contact us via e-mail at sales@LinkUpTechnology.co.uk with a description of any issues relating to the return. On the issue of a RAN number goods including all packaging and materials must be received by us in a perfect resalable and unmarked condition, within 7 days of issue of the RAN number by LinkUp Technology Ltd. 

7.0 TITLE AND RISK
7.1 The Goods shall be at the risk of the Buyer from the time of delivery. Notwithstanding delivery, title in the Goods shall not pass to you until we have received payment of all sums owing. Until such time as title in the Goods passes to you we shall have the right to repossess or otherwise recover the Goods.

8.0 TECHNICAL SUPPORT
8.1 If you have a problem with your purchase please contact our Technical Department via the details shown on our web site in the first instance at www.linkuptechnology.co.uk . Please include your invoice number, details of the problem, operating system and computer being used as necessary in the communication.

9.0 LIMITATION OF LIABILITY
9.1 Except as provided for in law where you are purchasing as a consumer, in the event of a breach of these conditions LinkUp Technology Ltd's liability shall be limited to replacement or at our discretion refund of the Price of the Goods. We will not be liable for goods, equipment, services or any other factor provided by third parties. Without prejudice to this condition LinkUp shall not be liable to the Buyer or to any third party for any loss of profit, consequential or other economic loss suffered by the Buyer arising in any way from the Agreement.

10.0 DISCLAIMER
10.1 Notwithstanding the use of the terms 'sales' or 'purchases' or other words suggesting transfer of ownership computer programs and software products are licensed to the Buyer (not sold or purchased) subject to the licence agreement of LinkUp Technology Ltd or the software publisher accompanying the product.

11.0 FORCE MAJEURE
11.1 LinkUp Technology Ltd. shall not be liable for any default due to any circumstance beyond the reasonable control of LinkUp Technology Ltd. including, but not limited to, acts of God, war, civil unrest, riot, strike, lock-out, acts of civil or military authorities, fire, flood, earthquake or shortage of supply or failure to deliver by a Supplier to LinkUp Technology Ltd.

12.0 GENERAL
12.1 If any term or provision of the Conditions is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of the Conditions shall continue in full force and effect as if the Conditions had been agreed with the invalid illegal or unenforceable provision eliminated. We may without your consent sublicense our rights or obligations or any part of the Conditions. The headings in the Conditions are for ease of reference only and shall not affect the interpretation of any of the Conditions.

13.0 ENTIRE AGREEMENT
13.1 Each of the parties agrees that save in respect of statements made fraudulently, negligently or by innocent misrepresentation, it shall have no remedy in respect of any untrue statement upon which it relied in entering the Agreement and that its only remedies shall be for breach of contract.

14.0 GOVERNING LAW AND JURISDICTION
14.1 The Agreement shall be governed by the laws of England and Wales and the parties hereby submit to the non-exclusive jurisdiction of the Courts of England and Wales.

15.0 RIGHTS OF CONSUMER
15.1 Nothing in these Conditions shall affect the statutory rights of a consumer

b) Offer and Sale of Services.

The following terms and conditions ("the Conditions") are the terms on which LinkUp Technology Ltd. ("we or us") sells services such as web hosting, VoIP systems and support services to the buyer ("you"). These Conditions supersede all other terms and conditions relating to the subject matter of these Conditions. Any agreement ("the Agreement") between LinkUp Technology Ltd. and the Buyer shall be governed by these Conditions. Further to these Conditions please read additional conditions that were appertaining at the time of purchase and the conditions applying to specific services residing in each of the appropriate sections of this web site.

16.0 YOUR RIGHT TO CANCEL

16.1 Clause 16.0 applies only if you are a "consumer", which for the purposes of this clause shall mean any natural person who is acting for purposes that are outside his or her business.

16.2 For the purposes of the Regulations:

16.2.1 The supplier shall be LinkUp Technology Ltd;

16.2.2 The address of the supplier shall be the correspondence address as set out in clause 1.2 above;

16.2.3 Prices on the Website are updated periodically and cannot be guaranteed for any period of time and every effort is made to ensure prices are correct at the point at which the consumer places an order.

16.2.4 Any complaints should be sent in writing to the supplier's correspondence address.

16.3 A consumer will, subject to any exceptions or exclusions set out in the Regulations, be entitled to cancel these Conditions by serving a written notice of cancellation on us at any time during the following periods:

16.3.1 In the case of Goods, within seven working days after the day on which the consumer receives the Goods;

16.3.2 In the case of Services, within seven working days after the date you enter into a contract with us.

16.4 In the event of cancellation by the consumer Goods should be returned to the supplier's correspondence address. The consumer will be liable for the costs of returning such Goods or the costs of the supplier in recovering such Goods unless the consumer has a right to reject the Goods under a term of these Conditions or under statutory right (including any right under the Unfair Terms in Consumer Contract Regulations).

16.5 The consumer will not be entitled to cancel any contract for the supply of Services once the performance of the Services has begun.

16.6 Please note that we begin to perform certain Services, such as registration or renewal of certain domain names and website hosting, within 24 hours after you place your order.

16.7 All the following sections from section 17.0 inclusive onward apply to consumers and business organisations alike.

17.0 SECURITY

17.1 You must:

17.1.1 keep your username and password secure (and we may change these at any time for good reason);

17.1.2 if requested use your username and password when giving instructions (and we are authorized to comply with instructions containing your username and password);

17.1.3 take reasonable steps in respect of matters in your control to minimize any risk of security breaches in connection with the Services;

17.1.4 notify us of any unauthorized access to your account which you believe may affect the overall security of our systems; and

17.1.5 comply with our security checks.

18.0 SERVICES

18.1 We will supply the Services with reasonable skill and care.

18.2 However, we do not guarantee:

18.2.1 that the Services will be uninterrupted, secure or error-free; or

18.2.2 that any Usage Data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all.

18.3 We do not provide a back-up or log of your Usage Data or guarantee the integrity of such, however, we will use our reasonable endeavors to provide copies of Data for disaster recovery purposes.

18.4 We may have to suspend the Services for repair, maintenance or improvement. If so, we will restore them as quickly as is reasonably possible.

18.5 SPECIFIC TELEPHONE SERVICES CONDITIONS

By purchasing our Telephony Services (VoIP, Landline or Mobile) you confirm that you understand that our services:

18.5.1 May not offer the same features as your current system;

18.5.2 May sometimes be unavailable as a result of things over which we have no control, for example, the weather, power disruptions and failures of your internet service provider (ISP) or broadband connection and you understand that in such circumstances all services (including 999/112 public emergency call services) will also be unavailable;

18.5.3 May not connect you to the public emergency service and if we do, may not provide your phone number and location details to the operator if you make a public emergency services call. You will have to provide your location information and phone number verbally to the operator; and

18.5.4 May not offer you the ability to transfer (port) your existing number to an alternative service if your service ends.

18.6 The Service provided by us is not a Publicly Available Telephone Services (PATS) and your attention is specifically drawn to the service descriptions provided as part of your contract that sets out the Service offering and service limitations for our customers. The Service is subject to different regulatory treatment than a Publicly Available Telephone Services (PATS) and this may limit or otherwise affect your rights of redress before regulatory agencies such as OFCOM in the UK.

19.0 YOUR OBLIGATIONS

19.1 You must comply with our reasonable instructions and requests concerning the Services.

19.2 You must provide us with up to date contact details of one or two named representatives with whom we are authorized to deal (including email addresses) and promptly notify us of any changes. We rely on this information for various reasons including the transmission of renewal notices and other important information concerning the Services.

19.3 You must comply with our Acceptable Use Policy and bring it to the attention of your authorized users.

19.4 You are responsible for all persons who use your username and password to access the Services, whether authorized or not, unless acting on our behalf.

19.5 There is a risk that Data generated, stored, transmitted or used via or in connection with the Services may be irretrievably damaged or lost if there is a fault or on suspension or termination. You must frequently back-up all such Data that you wish to save.

20.0 RESTRICTIONS

20.1 You must refrain from transferring any illegal material or engage in unlawful activities via your use of the Services.

20.2 You must refrain from sending menacing, offensive, defamatory, obscene, indecent or abusive messages or telephone calls whilst using the Services.

20.3 You must not use or permit the usage of the Services in a manner that is inconsistent with any and all applicable laws and regulations.

20.4 You must not make available or upload Data via your use of the Services that contain a virus, worm, trojan or other malicious Data or download any disabling or harmful devices.

20.5 You must not use the Services to send bulk unsolicited commercial emails or telephone calls.

20.6 You warrant that your use of the Services will not infringe any third party intellectual property or other rights.

20.7 You must not embark on any course of action, whether by use of your website, telephone or any other means, which may cause a disproportionate level of activity (for example, causing mail bombs, denial of service attacks or encouraging large numbers of inbound phone calls) without providing us at least seven day's prior notice in writing. If you give notice or we otherwise become aware of such disproportionate use we may:

20.7.1 Move your service to a dedicated service and charge our then current rate as detailed on our Website; or

20.7.2 Terminate some or all of the Services forthwith.

20.8 For an Internet Telephony Service, we consider the use of more than 2 concurrent channels per phone number to be a disproportionate level of activity.

21.0 CONTENT OF YOUR WEB SITE

21.1 It is your responsibility to ensure that "Content" (meaning Data placed on our servers by you or on your behalf or third party data facilitated by you, for example, chat rooms or discussion groups) is "server-ready" (including virus free) and will function satisfactorily.

21.2 You bear sole responsibility for all Content. We do not, and are not obliged to, check Content. Our rights to remove and take other steps in relation to Data are without prejudice to this sub-clause 21.2.

22.0 REGISTRATION OF YOUR DOMAIN NAME

22.1 You are bound by all present and future applicable terms and conditions of the relevant Registry.

22.2 You hereby grant us the authority to act as your agent in relation to the registration of your domain name with a Registry.

22.3 Domain names that are not renewed will be cancelled.

22.4 With respect to renewal of domain names, we will:

22.4.1 notify you of any renewal notices received by us; and

22.4.2 use our reasonable endeavours to renew domain names which by the renewal date you have specifically asked us in writing to renew.

22.5 There is no charge for the transfer of your domain name to another Internet service provider. However you agree that we do not have to transfer your domain names to a new Internet service provider until you have paid all outstanding debts to us.

23.0 EMAIL SECURITY

23.1 If you subscribe to our email protection services (e.g. virus or spam filtering) we will use our reasonable endeavours to detect and, if appropriate, filter all viruses and other unwanted email identified from time to time when attached to incoming or outgoing emails (as subscribed), however, we cannot guarantee a 100% accuracy in our virus or filtering systems.

24.0 DATA

24.1 We may access, copy, preserve, disclose, remove, suspend or delete any Data:

24.1.1 if we are required to do so by applicable law or competent authority; or

24.1.2 for the purposes of registration of domain names with a Registry; or

24.1.3 if it is otherwise permitted under these Conditions; or

24.1.4 if such Data is prohibited under these Conditions.

25.0 PERSONAL DATA

25.1 We will process your Personal Data only in compliance with our privacy policy available on our website.

25.2 You consent to such processing and confirm that you have shown our privacy policy to, and obtained similar consent from, any third party individuals whose Personal Data you have supplied to us and will continue to do so in the future.

26.0 RISK AND TITAL OF GOODS

26.1 Any Goods being supplied as part of a service type agreement covered in Section b) of these terms and conditions shall be subject to the terms and conditions outlined in section a) above. All Risk shall pass to you on delivery, but the Goods shall remain our property until such time as full payment has been received.

27.0 LIMITATIONS OF LIABILITY

27.1 Nothing in these Conditions in any way excludes or restricts our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be restricted. Nor does it affect consumers' statutory rights.

27.2 Our liability in contract, tort (including negligence) or otherwise in connection with these Conditions for any one event or a series of events is limited to the price of the Goods, or 125% of the payment we received from you for the Services in the 12 months before the event (s) complained of.

27.3 In no event (including our own negligence), and even if we have been advised of the possibility of such losses, will we be liable for any:

27.3.1 economic loss (including, without limitation, loss of revenue, profit, contract, business or anticipated savings);

27.3.2 loss of goodwill or reputation;

27.3.3 special, indirect or consequential loss; or

27.3.4 damage to or loss of Data.

27.4 We have no liability for goods and services provided by third parties.

27.5 To the extent allowed by law, we exclude all conditions, terms, representations and warranties, whether imposed by statute or by law or otherwise, that are not expressly stated in these Conditions including, without limit, the implied warranties of satisfactory quality and fitness for a particular purpose. Consumers' statutory rights are unaffected.

28.0 INDEMNITY

28.1 You will indemnify us against all claims, damages, liabilities, costs (including reasonable legal fees) directly or indirectly related to your registration of or use of your domain names, the use of the Goods, your use of the Services, or breach by you of these Conditions.

29.0 PAYMENT

29.1 You must pay the fees (together with VAT and any applicable taxes) specified on our Website when you order Goods or order or renew any Services.

29.2 Payment will be made:

29.2.1 by cheque, BACS, credit card or debit card; and

29.2.2 in advance or, if we agree to credit terms, within 10 days of our invoice.

29.3 Payment for the Services may be made:

29.3.1 monthly or annually, by Direct Debit, credit card or debit card; and

29.3.2 annually by Direct Debit, cheque, BACS, credit card or debit card; and

29.3.3 in advance or, if we agree to credit terms, within 10 days of our invoice.

29.4 Payment must be made without deduction or set-off.

29.5 All fees are non refundable unless otherwise stated.

29.6 All fees remain payable where we suspend the Services in accordance with these Conditions.

29.7 We may impose a credit limit on your account and/or require a deposit as security for paying bills.

30.0 DURATION AND TERMINATION

30.1 All Services paid for either annually or monthly will be subject to initial contract periods of 12 months or 90 days respectively, and shall continue thereafter on a rolling monthly basis unless and until terminated in accordance with clause 30.2 and 30.3.

30.2 Subject to clause 30.1, either party may terminate this agreement (as regards some or all of the Services) at any time for any reason by giving to the other 30 days written notice.

30.3 We may terminate this agreement (as regards some or all of the Services) or suspend some or all of the Services immediately on written notice:

30.3.1 if you breach any the terms and obligations under these Conditions and, if remediable, having received from us a written notice stating the intention to terminate these conditions if not remedied, fail to remedy the breach within 14 days;

30.3.2 if you are subject to a resolution for winding up or a petition for bankruptcy or liquidation or there is a proposal or you enter into any arrangement or composition with your or for your creditors or a receiver or liquidator or trustee in bankruptcy is appointed over you or any of your assets or any similar circumstances; or

30.3.3 if we are required to do so by a competent or regulatory authority.

30.4 On termination of this agreement or suspension of Services for any reason:

30.4.1 we will immediately stop supplying, and will terminate access to, the relevant Services. This may involve irretrievable damage to or loss of Data generated, stored, transmitted or used via or in connection with the Services and / or we may destroy any such Data;

30.4.2 all licenses granted by us to you will terminate;  

30.4.3 any fees due remain payable and, if already paid, will be non-refundable unless you have cancelled this agreement in accordance with clause 30.1;

30.4.4 your accrued rights and liabilities will be unaffected.

31.0 CONFIDENTIALITY

31.1 We both agree not to use for any purpose apart from this agreement or disclose any Confidential Data received from the other party. "Confidential Data" means Data identified as, or which clearly is, confidential.

31.2 This clause does not apply to Data which:

31.2.1 enters the public domain other than through breach of this clause;

31.2.2 is or becomes independently known to the receiving party free from any confidentiality restriction;

31.2.3 is required to be disclosed by applicable law or competent authority;

31.2.4 is reasonably disclosed to employees, suppliers or others for the proper performance of these Conditions;

31.2.5 is reasonably disclosed to professional advisers; or

31.2.6 we are otherwise permitted to disclose in accordance with these Conditions.

32.0 NOTICES

32.1 You should send any notices under these Conditions to the correspondence address, fax or email address given at the top of these Conditions.

32.2 We shall send any notices in accordance with the most recent contact information which you have provided to us.

32.3 Notices may be sent by hand, recorded delivery, fax or email and shall be deemed to be received:

32.3.1 by hand - when delivered provided handed to a senior employee;

32.3.2 recorded delivery - five days after posting;

32.3.3 fax - when the sender receives an error-free transmission report; or

32.3.4 email - on the day sent unless the contrary is proved.

33.0 GENERAL

33.1 These Conditions represent the entire agreement of the parties relating to its subject matter. It supersedes all prior agreements and representations (unless fraudulent). We are not bound by, nor should you rely on, any oral representations or representations by any agent or employee of any third party you may use to apply for our Services.

33.2 If any part of these Conditions is deemed void for any reason, the offending words shall be deemed deleted and the remainder shall continue in full force.

33.3 You may not assign these Conditions or subcontract or resell any of the Services without our prior written consent. We may assign these Conditions or subcontract any of the Services.

33.4 We shall not be liable for failure to perform or delay in performing any obligation under these Conditions if the failure or delay is caused by any circumstances beyond our reasonable control, including but not limited to failure of any communications, telecommunications or computer system.

33.5 No firm, person or company which is not a party to these Conditions shall have any right under the Contract (Rights of Third Parties) Act 1999 to enforce any provision of these Conditions.

33.6 The failure to exercise or delay in exercising a right or remedy under these Conditions shall not constitute a waiver of the right or remedy.

33.7 Nothing in these Conditions shall be construed as creating a partnership or joint venture of any kind between us.

34.0 CHOICE OF LAW

34.1 This agreement is governed by English law and is subject to the exclusive jurisdiction of the courts of England & Wales.

c) Warranties.

The following terms and conditions ("the Conditions") are the terms on which LinkUp Technology Ltd. ("we or us") warranty goods and services such as web hosting, VoIP systems and support services to the buyer ("you"). These Conditions supersede all other terms and conditions relating to the subject matter of these Conditions. Any agreement ("the Agreement") between LinkUp Technology Ltd. and the Buyer shall be governed by these Conditions. Further to these Conditions please read the conditions applying to specific services residing in each of the appropriate sections of this web site and additional conditions that may be made at the time of purchase. Your statutory rights remain unaffected by these conditions.

35.0 INITIAL WARRANTY

35.0.1 Products are warranted in accordance with the manufacturer’s warranty.

35.0.2 This may be specific to a particular product and may vary from product to product.

36.0 YOUR RESPONSIBILITY

36.0.1 In addition the following warranty conditions will apply to all goods, services and products manufactured and or supplied by LinkUp Technology Ltd.

36.0.2 Following the original retail purchase of a product, the purchaser should ascertain the nature of any extended warranty if any is associated with the product and undertake any registration or similar actions that may be required to validate the warranty.

36.0.3 If required by the manufacturer, LinkUp Technology Ltd. will undertake to supply contact information for the purchaser to contact the manufacturer or their support agent as appropriate.

36.0.4 Only if contracted by the manufacturer, LinkUp Technology Ltd. will support the product directly. This warranty extension will be in addition to; and does not affect your statutory rights. 

36.0.5 This warranty applies to the products supplied only. Handling, carriage, and service costs may be in addition if return to manufacturer or reinstallation are required.

37.0 PERFORMANCE OF GOODS AND SERVICES

37.1 Warranty is only given that the product will perform as described in the user documentation. No other advertising, description or representation made by anyone whosoever shall be binding upon the manufacturer or LinkUp Technology Ltd. or shall change the terms of warranty.

38.0 INCIDENTAL, SPECIAL, AND OR, OTHER LIABILITIES

38.1 LinkUp Technology Ltd will not be liable for special, incidental, consequential, or other damage even if the manufacturer has made us aware of the possibilities of such damages.

38.2 This means that LinkUp will not be responsible or liable for lost profits or revenues, or for damages or costs incurred as a result of loss of time, data, or any other use of the product or service, or from any other cause, except the actual cost of the product.

38.2 In no event shall the manufacturers or LinkUp Technology Ltd 's liability exceed the purchase price of the product.

d) Internet Services Related Activities Acceptable Use Policies.

The following terms and conditions ("the Conditions") are the terms on which LinkUp Technology Ltd. ("we or us") manage our relationship with you regarding any web, e-mail, electronic sales, web shops including ours, hosting, domain, broadband, and related activities that we may have sold to the buyer ("you"), or are managing on your behalf. These Conditions supersede all other terms and conditions relating to the subject matter of these Conditions. Any agreement ("the Agreement") between LinkUp Technology Ltd. and the Buyer shall be governed by these Conditions. Further to these Conditions please read any additional conditions applying at the time of purchase and to conditions of specific products and services residing in each of the appropriate sections of this web site. Your statutory rights remain unaffected by these conditions.

Preamble 

We have adopted a philosophy that assumes the honesty and good intent of our subscribers, therefore our services are provided in as unrestricted a manner as possible to allow our users to have the richest Internet experience possible.

This Acceptable Use Policy (AUP) must be read in conjunction with our Terms and Conditions and any Service Agreement provided to our clients (Service Schedules), and may be subject to change from time to time. It is the subscribers' responsibility to ensure that they comply with the latest edition of the AUP at any given time. If you have any questions about any of our policies, please contact Customer Services at support@linkuptechnology.com

This Acceptable Use Policy may be revised, without notice, at any time, at the sole discretion of LinkUp Technology Ltd. Purchase of the service is deemed to be an agreement to our Terms and Conditions, Acceptable Use Policies. and any Master Agreements and Service Schedules related to the service or product.

In the event of a breach of this policy, LinkUp Technology Ltd reserve the right to terminate your service with immediate effect, without recompense, and delete any files held on our servers.

39.0 Broadband or any other ISP Services

39.1 Login names and passwords must be kept secret and not be communicated to any third party. LinkUp Technology Ltd must be notified immediately if they are compromised. If someone were to gain access to your account password, they could tamper with your files and your email. If you change your password, please keep a note of it as LinkUp Technology Ltd staff may not be able to gain access to changed passwords.

39.2 Users may not download or store illegal copies of commercial software. If commercial software is stored on our hard disks; we will delete the files and immediately terminate your service without recompense.

39.3 Any attempt to breach the security of any machine or system is forbidden. Attempting to do so will result in immediate account termination and possible further legal action. Users may not run any program that monitors network packet data or any program that compromises the privacy of network traffic.

40.0 Email and Usenet (news)

40.1.1 Users may not "spam" or flood the internet with a single post to a large number of newsgroups which are not related to the topic of your article.

40.1.2 Users may not abuse, or make physical threats against, another person via e-mail, news or any other electronic media/service we provide.

40.1.3 Users may not forge e-mail or news postings (to include cancel messages, whether manual or automated).

40.1.4 Users may not "spam" people via email. This is defined as unsolicited (unwanted, un-requested) email.

40.1.5 When using newsgroups, subscribers must comply with the globally accepted Usenet Acceptable use policy. A good place to refer to is www.usenet.org.uk/usenet-information.html

40.1.6 LinkUp Technology Ltd reserve the right to cancel any message posted to a news group if it is deemed to be of an unsuitable nature.

41.0 Web Space

41.1.1You will be responsible for the content of your Web Space, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate UK law. Should any web pages not conform to this then they will be removed.

41.1.2 LinkUp Technology Ltd reserves the right, without notice or explanation, to remove material which does not comply with company policy, such as material of an Adult nature or pirated software.

41.1.3 Subscribers will be held solely responsible for any defamatory, confidential, secret or other proprietary material made available via your web sites. LinkUp Technology Ltd reserves the right to suspend any sites containing such material.

41.1.4 Login names and passwords must be kept secret and not communicated to any third party, except for agencies, such as web site designers working on your behalf, or those directly involved with the site in question. LinkUp Technology Ltd must be notified immediately if they are compromised. If someone were to gain access to your account password, they could tamper with files held on your site.

41.1.5 Technical Support will only be provided for uploading, downloading and viewing pages. No support will be provided for HTML authoring or page design, although we may have support pages providing help with these topics.

41.1.6 The customer has sole responsibility for ensuring that any data is suitably backed-up. LinkUp Technology Ltd will not keep backups of your pages.

41.1.7 LinkUp Technology Ltd will accept no responsibility whatsoever for loss of data or information resulting from the use of this service.

41.1.8 If the account is suspended for any reason, such as non-payment, access to the customers' Homepage, both for viewing and uploading, may also be suspended.

41.1.9 On closing an account, the relevant data on the Customer's Web Space will be deleted.

41.1.10 By purchasing the Web Space, the Customer will be deemed to have accepted and agreed to the Terms and Conditions of use of the Web Space service.

42.0 Social and Independent Private Network Specific

42.1 Users must abide by the policies of any networks they use. We will co-operate with the administrators of any networks to identify abusive users and restrict their access. Users are reminded that harassment, threatening or slanderous behaviour on such networks is prosecutable under UK law.

43.0 Non Specific

43.1 Users may not mount an attack, by whatever means, against our system, or any other systems. Users may not run unauthorised mailing lists from, or through any of our machines, or mail servers.

44.0 Technical Support

44.1 Technical Support exists for the benefit of LinkUp Technology Ltd Customers; providing support for technical questions relating directly to our services. Technical support is here to provide the best service possible to our customers. To keep our services at their best, when contacting Technical Support, please have all relevant details such as user names and passwords to hand.

44.2 If the problem doesn't directly involve technical assistance for a fault or service anomally, (for example - how do I change the first page that is displayed when my web browser starts etc.) Then you are telephoning for training and education rather than support. While we will be sympathetic to your request if we are particularly busy or the answer is somewhat involved we reserve the right to postpone this request indefinately. We charge seperately for user training as appropriate. Please explore the various settings, options, or use the in-built software help menu, (in the program you require help for), for instructions on such procedures before contacting us for support.This includes:

  • Documentation that was supplied with the account.

  • Our support web pages.

e) Payment Details.

LinkUp accepts payment via credit card, bank transfer and Sterling cheques. Credit Cards We accept the following Debit and Credit Cards: Visa, MasterCard, JCB, and Maestro. We do not accept American Express. By using our secure on line ordering system your banking details are never disclosed to us.Customers can opt to pay their bills monthly via Standing Order or our recuring payment method through WorldPay.

Cheque Payments

Payments via cheque should be posted to our address:

LinkUp Technology Ltd.

16 High Street,

 Bottesford,

 Nottingham,

 NG13 0AA

Bank Payments

Customers with credit terms may pay invoices by direct Bank Transfer (CHAPS/BACS). Our details are as follows:

Sort Code: 56-00-55

Account Number: 15706729

Bank: NatWest Bank, 1 Granby Street, Leicester, LE1 6EJ

f) Copyright and Trademarks.

The entire contents of this web site are copyright © LinkUp Technology Ltd. except where otherwise noted. All rights reserved. 

No part of this publication may be reproduced or transmitted in any form or by any means, or stored in any retrieval system of any nature without prior written permission. 

Application for permission for use of copyright material, including permission to reproduce extracts in other published works, shall be made to the publishers. 

Full acknowledgement of author, publisher and source must be given. Material is contained in this publication for which publishing permission has been sought and for which copyright is acknowledged. 

Permission to reproduce such material cannot be granted by the publishers and application must be made to the copyright holder.

 

The trade marks and logos used in this Web Site are the trade marks of LinkUp Technology Ltd. our partners or suppliers and may not be used in any advertising or other publicity materials without our or their prior consent.

g) Privacy Policy.

This statement is to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for these domains: http://www.linkuptechnology.com http://www.linkuptechnology.co.uk and  http://www.thesupportguys.co.uk and systems that we may install from time to time using the internet as a means of communication. These together will be known as 'our systems' in the remainder of this document.

LinkUp Technology Limited is registered in the UK with the Data Protection Registrar for the purposes of storing personal data.

We may use your IP address to help diagnose problems with our systems, and to administer our Web services. Your IP address is used to help identify you and your shopping cart and to gather broad demographic information.

Our systems use cookies to keep track of your shopping cart. We use cookies to deliver content specific to your interests, to save your password so you don't have to re-enter it each time you visit our systems, and for other purposes.

Our systems registration forms require users to give us contact information (like their name and email address). We use customer contact information from the registration form to send the user information about our company. The customer's contact information is also used to contact the visitor when necessary. Users may opt-out of receiving future mailings; see the choice/opt-out section below.

These systems contain links to other sites. LinkUp Technology Ltd is not responsible for the privacy practices or the content of such Web sites.

Our systems use order forms for customers to request information, products, and services. We collect visitor's personal information (like their address or gender). Information that is collected is used to check the users' qualifications and to bill the user for products and services. This information is not shared with other agencies without your prior consent.

All online financial information for the purchase of goods and services is processed by WorldPay through our shopping cart gateway. No online financial information is stored by us or any of our agencies and partners. None of our systems are capable of retrieving or processing this information and we continually review our internal systems to ensure that this is not possible.

Public Forums

Our systems may make chat rooms, forums, message boards, and/or news groups available to users from time to time. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.

Security

Our systems have security measures in place to protect the loss, misuse and alteration of the information under our control. We are committed to handling your customer information with high standards of information security. We use computer safeguards such as firewalls and data encryption, we enforce physical access controls to our buildings and files, and we authorise access to personal information only for those employees who require it to fulfil their job responsibilities.

Supplementation Information

Our systems supplement the information that you provide with information that is received from third parties.

Choice/Opt-Out

By sending an e-mail to support@linkuptechnology.co.uk you can have your information removed from our database and not receive future communications and services.

Correct/Update

By sending an e-mail to support@linkuptechnology.co.uk you can have your previous information changed or modified.

Confidentiality

If you are a LinkUp Technology service client with a service agreement and we have information regarding your services and or data; your interests are protected by us on your behalf. For further details refer to your Service Agreement provided by us upon your acceptance of your service.

Contacting LinkUp Technology Ltd

If you have any questions about this statement, the practices of this site, or your dealings with this Web site, you can contact us by e-mailing  enquiries@linkuptechnology.com

h) Retail Distance Selling Regulations.

If you have ordered by telephone or internet, under the Distance Selling Regulations, you have a statutory right to cancel your order and receive a full refund for any home delivery item (excluding those ordered at our premises). This does not apply to items personalised or made to your specification; audio/video recordings or software that you have unsealed; items that due to their nature cannot be returned; perishable goods (e.g. food, flowers and periodicals/magazines).

To cancel, you can e-mail sales@linkuptechnology.com  call 01158240042 or write to us at Customer Services within seven working days (so not including Saturdays, Sundays or public holidays) commencing the day after the day of delivery of your item(s), quoting your order number. You must take reasonable care of the item(s).

Item(s) may be returned to our trading premises or we can arrange collection (unless otherwise stated on the delivery note).

You may cancel an order for services in the same way, within seven working days (not including Saturdays, Sundays or public holidays) of the date of purchase, unless the services begin sooner. You may not however cancel accommodation, transport or leisure services which occur on a specific date or services within seven working days of their installation date.

The Distance Selling Regulations do not apply to Financial and Insurance Services.

If you have an Internet Order query, please e-mail sales@linkuptechnology.co.uk or call us on 01158240042.

(For security and training purposes, telephone calls to and from Customer services may be recorded or monitored).

 

Contact

T: 01158 240 042

E: enquiries@linkuptechnology.co.uk

 

16 High Street

Bottesford

Nottinghamshire

NG13 0AA

Remote Support: Click Here

 

T: 01949 851 830

E: support@linkuptechnology.co.uk

 

Message