By accessing or creating and account, including any content, functionality, and services offered thereon, whether as a guest or a registered user, you acknowledge that you have read, understood, and agreed to be bound by these Terms & conditions.
The provisions and conditions of the Terms constitute the entire agreement between you and "customsworks" a Trading name of Thefullworks Limited.
“Services” in this agreement shall mean and refer to the services that customsworks has agreed to provide to you as part of the service.
By using this service in any manner, you are bound by these Terms. If you do not agree to the Terms, then do not use the service. If you are accepting these Terms on behalf of a company, organisation, government, or other legal entity, you represent and warrant that
(a) you are authorised to do so,
(b) the entity agrees to be legally bound by the Terms, and
(c) neither you nor the entity is barred from using the Services or accepting the Terms under the laws of the applicable jurisdiction.
We may revise and update these Terms from time to time at our sole discretion. Your continued use of the service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
a. Lawful Purposes Only. You may not use the service or allow any third party to use the service for any purpose that is determined by us, at our discretion, to be unlawful, invasive, infringing, obscene, offensive, defamatory, or fraudulent, or to engage in, promote, or encourage illegal activity.
b. Violations of Third-Party Rights. You shall not use any materials, content, data, or other information for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
c. Misrepresentation of Transmission Information. Forging, misrepresenting, omitting, or deleting message headers, returning mailing information, and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
d. Viruses and Other Destructive Activities. You will not use the service or allow any third party to use the service for creating or sending Internet viruses, worms or trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature, or for pinging, flooding or mail bombing, or engaging in denial of service attacks. You will not engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Service (or any connected network, system, service, or equipment), or conduct their business over the Internet.
e. Hacking. Hacking and related activities are prohibited. “Hacking” includes, but is not limited to, the following activities: illegally or without authorisation, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
f. Spam. You will not use the Service or allow any third party to use the Service to generate, distribute, publish, or facilitate unsolicited mass email, promotions, advertisements, or other solicitations (“spam”).
g. Other Prohibited Activities. Engaging in any activity that, in our discretion, actually or potentially disrupts, interferes with, competes with, or is harmful to the Service, our business, reputation, goodwill, customers and/or customer relations, or the ability of our customers to effectively use the Service, is prohibited. Your failure to cooperate with us in correcting or preventing violations of the Terms, or that result from the activity of your users, constitutes a violation of the Terms by you.
Account Registration, Access, and Security
b. Access and Security. You are responsible for maintaining the security of your account and for all the Services ordered, accessed, or otherwise used in connection with your account and all actions taken in association therewith. In addition, we reserve the right to withdraw or amend our website, at our sole discretion, and we may restrict access to some parts of the website or platform.
a. Fees. Our fees are due in the amount and at the billing date cycle identified by the Service provider or applicable order for the Services. Fees are payable in currency as agreed between the parties unless otherwise specified. If you are purchasing the Services with a payment card, we will automatically charge your payment card based on your billing date until you validly cancel the Services. Please note that you are required to have a valid payment on file to pay by credit card. We must receive your initial payment prior to your site or service going live, not withstanding any trial period that may or may not be chargeable.
b. Non-Refundable. Our fees are based on the Services and/or products purchased, regardless of actual usage and are non-refundable. We do not provide refunds or credits for any partial days, months, or years and do not provide refunds to customers, whether or not a customer has used the Services or products.
c. Taxes. All fees are exclusive of all applicable governmental fees, charges, or taxes, including, without limitation, all sales, goods, services, value-added, harmonized, or other taxes. You will be responsible for the payment of all taxes applicable to your use of the Services or products.
d. Unpaid Balances. If fees are not paid by the due dates, interest will accrue on such outstanding balances at a rate of 2.5% per month, or the maximum legal rate allowed by law, whichever is less. We may suspend your access to the Services or products during any period in which payment of fees is overdue. A suspension will not terminate the Terms or relieve you of any obligations or liabilities. You will reimburse us for any costs of collection. If you are materially delinquent in payments or express no intention to make further or timely payments, then upon our written notice, all fees remaining unpaid and due for the remainder of the then-current term will become accelerated, due, and payable immediately.
e. Disputed Charges/Billing Inquiries. It is your obligation to review all billing invoices for accuracy. You have 7 days from the date of an invoice to notify us, in writing, that you dispute the charges. Failure to do so in the specified time will constitute your agreement that all charges are valid, and you waive any claims you may have had regarding such charges.
f. Pricing Changes. We reserve the right to change or modify our fees, and these Fees and Billing terms, at any time, and such changes and modifications will be posted on the Service website and effective immediately upon the next subscription renewal, billing date, upgrade, or downgrade of the Services, whichever is applicable and occurs first. We will have no obligation to provide you with any notice thereof, other than posting to the Service website. We, however, will provide at least 30 days’ notice prior to making any pricing modifications effective.
g. Cancellations. You must notify us of your intent to cancel any Services or subscriptions at least 30 days before your next billing date. If notice is not received 30 days before your billing date, your subscription will automatically renew for the next renewal period, and the service will be cancelled upon the expiration of that renewal period.
h. Termination. Upon termination of the Terms or cancellation of your Services and/or products, you will immediately stop using the Service and permanently delete any cached or stored content.
Intellectual Property & Data Feeds
a. IP. You acknowledge that, as between you and the service provider, we own all right, title, and interest, including all intellectual property rights, in and to our trademarks, trade secrets, data, concepts, ideas, copyright, service marks, APIs, software, or other intellectual property (“IP”) and, with respect to Third-Party Products, the applicable third-party providers own all right, title, and interest, including all intellectual property rights, in and to the Third-Party Products.
b. Customer Data. We acknowledge that, as between you and thefullworks, you own all right, title, and interest, including all intellectual property rights, in and to your data. You hereby grant to us a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display your data and perform all acts with respect to your data as may be necessary for us to provide the Services to you. You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under these Terms. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with these Terms, does not and will not infringe any IP Rights of any third party. We take no responsibility and assume no liability for any content provided by you.
c. Feedback. If you or any of your employees or contractors sends or transmits any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the IP, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), we are free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. You hereby assign to us on your behalf, and on behalf of your employees, contractors, and/or agents, all right, title, and interest in, and is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback.
a. Indemnification by thefullworks. thefullworks will defend, indemnify and hold harmless you, your affiliates, licensors, and service providers, and your and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to a claim by a third party alleging that the Service infringes any intellectual property right of such third party. The foregoing indemnification obligation of thefullworks will not apply to the extent the claim against you is attributable to any use of the Service that is not in accordance with these Terms. This Section 16 sets forth your sole remedy against thefullworks with respect to any claim of intellectual property infringement.
b. Indemnification by You. You will defend, indemnify and hold harmless thefullworks, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the service, including, but not limited to, your User Contributions, any use of the website’s content, services and products other than as expressly authorized in these Terms, or your use of any information obtained from the website or Service.
a. We warrant that the Service will conform in all material respects to the service levels when accessed and used in accordance with our policies and their intended use. We do not make any representations or guarantees regarding uptime or availability of the Service unless specifically identified in writing.
b. Although thefullworks has made reasonable efforts to ensure that outputs and data provided through the Services are materially correct, accurate, and reliable, thefullworks makes no warranty as to such correctness, accuracy, or reliability, it being agreed and understood that such information and/or data is being provided on an “as is” and “as available” basis. Thus, in the event of error or omission, thefullworks shall not be liable to you in any way, and you hereby release thefullworks from any and all liability with respect to such information and data even if you contend that thefullworks knew or should have known of the existence of any such inaccuracy.
c. You are solely and entirely responsible for the results of your use of the Services. thefullworks shall have no responsibility for the accuracy of the information provided by or to you through the Services.
d. EXCEPT FOR THE LIMITED WARRANTY THEFULLWORKS MAKES NO WARRANTY OF ANY KIND THAT THE IP, ANY PRODUCTS, ANY SERVICES, OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE.
e. You understand that we cannot and do not guarantee or warrant that any files available for downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICE, CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL WE BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL THE AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO US UNDER THESE TERMS IN THE TWELVE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Arbitration; Dispute Resolution; Class Action Waiver
a. Arbitration. Any disputes arising from these Terms or use of the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination (“Disputes”), shall be submitted to final and binding arbitration under the Rules of Arbitration of the United Kingdom. THEREFORE, YOU AGREE THAT ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THESE TERMS.
For all Disputes, both parties must first give the other party an opportunity to resolve the Dispute by providing a written notification including a written description of the Dispute and a description of the specific relief you seek. If the Dispute is not resolved within 60 days after written notification, the party giving notice may take the Dispute to arbitration.
b. Class Action Waiver. You and thefullworks waive any right to assert any claim against one another by means of any class action or representative action, whether as a class representative or as a member of a class. If, notwithstanding the foregoing waiver, a court or law permits a party to this Agreement to participate in a class or representative action, then the prevailing party will not be entitled to recover attorneys’ fees or costs associated with pursuing the class or representative action, and the party who initiates or participates as a member of the class will not submit a claim or otherwise participate in any recovery secured through the class or representative action.
c. Severability. If any clause within this Section is found to be illegal or unenforceable, that clause will be severed from this agreement, and the remainder will be given full force and effect. If the Waiver clause is found to be illegal or unenforceable, then this entire agreement will be unenforceable, and the dispute will be decided by a court.
e. Continuation. This agreement will survive the termination of your contract with us and your use of our Services or products.
a. Governing Law; Jurisdiction. The law that will govern the validity and construction of these Terms and apply in any dispute or lawsuit arising out of or relating to these Terms will be the laws of England & Wales.
b. Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
c. Waiver. No waiver of any provision of these Terms, nor consent by thefullworks to the breach of or departure from any provision of these Terms, will, in any event, be binding on or effective against thefullworks, unless it be in writing and signed by a duly authorised representative of thefullworks, and then such waiver will be effective only in the specific instance and for the specific purpose for which it is given.
d. Section Headings. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will be interpreted without application of any strict construction in favour of or against you or thefullworks.
e. Independent Contractors. No agency, partnership, joint venture, or employment relationship is created by these Terms or your use of our Services or products, and you do not have any authority of any kind to bind thefullworks in any respect whatsoever.
d. Force Majeure. Neither party will have any liability to the other for any failure to perform any obligation under these Terms in the event that such non-performance arises as a result of the occurrence of an event beyond its reasonable control, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, civil commotion, or other force majeure event.