Terms and conditions

sonassihosting.com is a website owned and operated by Sonassi Media LLP, a company registered in England and Wales No. OC338722 whose registered office, as well as trading and correspondence address, is Floor 6, Building 8, Exchange Quay, Manchester, M5 3EJ.

By using this Site whether as a subscriber, a visitor or otherwise, or by using any of the services contained within the Site including but not limited to logging in, accessing a webpage, performing a search you must accept these terms and conditions of use.

Definitions and Terms of Contract

In these Terms and Conditions the following words and phrases will have the meanings set out below:

‘Account’ means the account opened in the name of the purchaser for the use of products or services supplied to the customer;

‘Content‘ means content, data, maps and information which form part of or are included in the Products, including without limitation, Content provided by Data Providers;

‘Customer‘ means the party to which the goods are to be supplied or service rendered by the supplier. May also be referred to as the ‘User’;

‘Data Provider‘ means any third party supplier providing maps, data or information directly or indirectly to the Supplier.

‘Intellectual Property‘ means any patent, copyright, registered design rights, service marks, moral rights, data protection rights, know-how, trade mark or other intellectual property rights held by the Supplier or any Data Providers and contained in the Products;

‘Order Form‘ means any standard order form(s), in printed or electronic form, produced by or on behalf of the Supplier;

‘Reverse Engineer‘ means to dismantle a computer program, product or algorithm in order to determine how it works;

‘Product‘ or ‘Service’ means any product or service provided to Purchaser by Supplier or a Data Provider, pursuant to an Order Form, and includes the Content and any report, service, document, information or data contained in such product or service prepared solely for the purpose of evaluating a residential property for private residential use;

‘Purchaser‘ means the contracting party or parties whose details appear on the Order Form;

‘Site‘ means any of the images, written material, databases or other material available at the internet address http://sonassihosting.com;

‘Supplier‘ for the purposes of these conditions means Sonassi Media LLP, a Company registered in England, and the party to which the goods are to be supplied or service rendered by the supplier is referred to as the ‘the Customer’.

Copyright

All copyright, database rights and other intellectual property rights in all the material which comprise the Service including but not limited to design, structure, layouts, graphical images and underlying software code (collectively the “Content”) belongs to sonassihosting.com or its licensors. All rights are reserved, except for the limited licensed rights expressly granted below.

The Customer acknowledges that, except as otherwise agreed between the parties in writing, copyright and all other intellectual property rights in the Service shall remain with sonassihosting.com or third party owner of such rights. The Customer shall have and shall gain no rights of ownership therein.

1 Registration

1.1 Although portions of sonassihosting.com may be viewed by anyone who visits sonassihosting.com you will need to register as a subscriber in order to access some sonassihosting.com services.

1.2 You agree and warrant that any information you provide to us about yourself upon registration or at any other time will be true, accurate and complete and that you will ensure that this information is kept accurate and up to date at all times.

2 Password and Security

2.1 When you register to use sonassihosting.com you will be asked to create a password. It is your responsibility to choose a secure password. You must keep this password confidential and must not disclose it to or share it with anyone. YOU WILL BE RESPONSIBLE for all activities that occur under your password. If you know or suspect that someone else knows your password you should notify us immediately. The supplier will not be responsible for any abuse of passwords.

3 Electronic communications

3.1 By visiting sonassihosting.com or sending e-mails to us, you are communicating with us electronically. You consent to receive e-mails from us electronically. We will communicate with you by posting notices on sonassihosting.com or by sending e-mails. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy the legal requirements that such communication be in writing.

6 Interlectual Property

6.1 sonassihosting.com, its contents, and all Rights therein are owned by sonassihosting.com (and/or its licensors). “Rights” means copyright, database rights, trade marks, design rights and other intellectual and proprietary rights of whatever nature, anywhere in the world. You acknowledge that (i) sonassihosting.com is protected by Rights; (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, these Terms of Service and applicable copyright, trademark and other laws govern your use of such Rights.

6.2 You may view, print, download or temporarily store extracts from sonassihosting.com without alteration, addition or deletion. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any sonassihosting.com material or content. You acknowledge that you will not acquire any Rights by downloading or otherwise using any sonassihosting.com content or materials.

6.3 By submitting content, which shall include your subscriber name, to any “public area” of sonassihosting.com, including message boards, forums, and contests, you grant sonassihosting.com a royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content.

6.4 By submitting content, you also warrant that you are entitled and have all necessary rights to grant the licences stated above. Subject to the foregoing, the owner of such content placed on sonassihosting.com retains any and all Rights that may exist in such content.

7 Data protection

7.1 The supplier may place information concerning the Customer on a computerised directory of internal use only. The supplier will never disclose a Customers details to any third party unless required to by law, unless specifically instructed to the contrary by the Customer.

7.2 In creating interfaces onto the World Wide Web, the supplier enables either unlimited or secure access to information contained within the Customer’s premises or computers. It is the responsibility of the Customer to define precisely the degree of security access to be enacted and the supplier denies all liability both legally and for consequential damages and all forms of economic loss should commercial loss or damage occur as a result of unauthorised access to the Customer’s computers.

8 Third party web sites, goods and services

8.1 sonassihosting.com provides links to third party web sites that are not affiliated with sonassihosting.com (although sonassihosting.com branding, advertisements or links may appear on these sites). We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links or any goods or services available from such sites, and no such representations should be inferred or construed whether from such provision or otherwise.

8.2 All matters concerning any goods and services that you purchase from a third party site, including, without limitation all contract terms are solely between you and the owner of that site and sonassihosting.com will not be liable for any costs or damages to you or any third party arising directly or indirectly out of any third party website. You hereby waive any claim you might have against sonassihosting.com with respect to any such sites. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement.

8.3 sonassihosting.com may, from time to time, send e-mail messages to you containing advertisements or promotions including links to third parties. sonassihosting.com makes no representation or warranty with respect to the quality, suitability, or functionality of any goods or services which may be obtained from third parties as a consequence of these e-mails, and you agree that sonassihosting.com shall have no liability with respect thereto.

9 Disclaimer of warrenties and limitation of liability

9.1 sonassihosting.com is provided on an “as is” and “as available” basis except where explicitly stated. sonassihosting.com expressly disclaims all warranties or representations of any kind, express or implied, to the fullest extent permitted by law.

9.2 You understand and agree that sonassihosting.com does not warrant or guarantee the accuracy or completeness of any information in or provided in connection with sonassihosting.com. sonassihosting.com is not responsible for any errors or omissions or for the results obtained from the use of such information.

9.3 Data and information in or provided in connection with sonassihosting.com should not be relied upon for any commercial or business transaction or investment or for any similar purpose. sonassihosting.com strongly advises you to seek appropriate professional advice before entering into any such transaction. Any information is of a general nature and may not necessarily be suitable for any individual purpose.

9.4 sonassihosting.com shall not be responsible for any loss or damage caused directly or indirectly, by the information or ideas contained, suggested or referenced on sonassihosting.com. Your use of any sonassihosting.com service is solely at your own risk. No advice or information, whether oral or written, obtained by you from sonassihosting.com or through sonassihosting.com shall create any warranty not expressly made in these terms of service or imposed by law.

10 Application performance

10.1 The Supplier shall use its best endeavours to offer services as agreed to be purchased by the Customer and shall offer a warranty as described herein. The supplier warrants that the product delivered to the Customer shall perform according to the logical structure, which enables the processes therein to function correctly. However the supplier denies all liability for the timely operation of the product when used within an Internet environment, where the Customer or third party is providing the computer equipment upon which the product is to reside or depend upon for any part of its functionality.

10.2 By confirmation of contract with the supplier, the Customer specifically confirms his understanding that the timely operation of the Internet and world wide web is governed by constraints beyond the control of either party, and that the supplier is not liable for perceived slow operation of a service provided to the Customer, and accepts that from time to time the supplier may offer advice upon amendments which may become necessary to improve the perceived speed of operation.

11 Subscriptions and refunds

11.1 Subscriptions are for the period stated or any part thereof and commence immediately on activation of registration or receipt of payment. No refund will be given for the cancellation or termination of a subscription.

11.2 Due to the digital nature of the subscriptions no automatic right of refund or cancellation exists after a subscription has been purchased by you in accordance with Regulation 13 of the Consumer Protection (Distance Selling) Regulations 2000.

11.3 sonassihosting.com may refund subscriptions in whole or part at their sole discretion. The exercise of such discretion is arbitrary and shall not establish precedent with regard to a specific customer or any customer.

11.4 You agree that sonassihosting.com will be permitted to charge your credit card on a monthly basis in advance of providing its services or as needed for prepayments. The subscription fee will be billed in full on the first day of registration and monthly thereafter (Unless promotional free periods apply)where you subscription started on 31st January your next billing date would be 28th February.

11.5 sonassihosting.com is not responsible for any additional bank charges or fees resulting from the use of your credit card.

11.6 We do not give pro-rated refunds for unused time, if cancellation is initiated in the middle of a billing cycle. We reserve the right to change our fees but will notify you in advance of any such changes. All charges are non refundable unless expressly stated otherwise.

11.7 You agree that, except as otherwise expressly provided in the terms and conditions, there shall be no third party beneficiaries to you account with sonassihosting.com

12 Termination & remedies for breach of terms by you

12.1 Serious Breach

sonassihosting.com will be entitled to terminate your subscription or deny you access to sonassihosting.com without notice in the event of a serious breach of these Terms and Conditions. Serious breach may include, but is not restricted to any of the following:

• Attempting a ‘Denial of Service’ attack.
• Hacking or attempting to break the security of the site.
• The use the services in a way which threatens or disrupts the service.
• We determine there is evidence of fraud with respect to your account.
• The use sonassihosting.com for illegal purposes which violates the law, or other third party rights.
• If you are in default of payment.
• You become the subject of bankruptcy or similar proceedings.

We may attempt to contact you to resolve any issue however we reserve the right to terminate any service at our discretion.

12.2 sonassihosting.com will be entitled to restrict, suspend or terminate your subscription or deny you access to sonassihosting.com or take such other action as sonassihosting.com deems appropriate if sonassihosting.com determines that you are in breach any of the Terms of Service or sonassihosting.com considers in that your use of sonassihosting.com is inappropriate or otherwise unacceptable.

12.3 The restriction, suspension or termination of our service pursuant to this section will be without prejudice to any rights which sonassihosting.com may have against you in respect of your breach of these Terms of Service.

12.4 sonassihosting.com shall be entitled to disclose your user identity and details if required or requested by the courts or other law enforcement authorities and/or agencies or in such other circumstances as sonassihosting.com in its sole discretion considers reasonably necessary or appropriate.

13 Force Majeure

Neither party is liable for delay in meeting its obligations due to any cause outside its reasonable control including Acts of God, riot, war, malicious acts of damage, fires, electricity supply failure, Government authority.

14 Ordering

14.1 The Purchaser will place an order for a service or product by providing the information required on the Order Form or other information required by the Supplier (or its distributor). The Purchaser will pay the Supplier or the Supplier’s distributor (as directed by the Supplier) the charge for the Product by credit/debit card at the time of order unless terms are otherwise agreed in writing.

15 Trademark notice

sonassihosting.com and the sonassihosting.com logo are trademarks of Sonassi Media LLP.

16 Indemnification

You agree to indemnify and hold each of sonassihosting.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of sonassihosting.com, the violation of these Terms of Service by you, or the infringement by you, or any other person, of your account, or of any intellectual property or other right of any other person or entity.

17 Interpretation and jurisdiction

These items shall be construed in accordance with English law and the supplier and the Customer shall submit to the Jurisdiction of the English Courts. Should contradiction occur or be implied with the laws of the European Community, then the parties agree to be bound by the findings of the higher court as shall be defined in statute at the time in English law. Except as provided for herein, and other than where the Customer is a consumer as defined in the Unfair Contract Terms Act 1977, all conditions and warranties in respect of sales by the supplier whether express or applied by common law or by the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982 are excluded to the fullest extent permitted by law and the Customers’ attention is drawn to this clause.

18 Survival

Should any provision of these terms be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision’s intent, to the extent permitted by applicable law. Failure of a party to enforce any provision of these terms shall not constitute or be construed as a waiver of such provision or the right to enforce the provision.

19 Absence of waiver

Any failure or delay by us to enforce strict performance by you of any of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver to any extent of our rights.

20 Right to assign

sonassihosting.com may assign its rights and obligations under these Terms of Service and upon such assignment sonassihosting.com shall be relieved of any further obligation under these Terms of Service.

21 Entire agreement

These Terms and conditions of use and the Privacy Policy constitute the entire agreement between you and sonassihosting.com as to your use of sonassihosting.com and supersede all prior agreements and understandings between you and sonassihosting.com.