Terms and Conditions

response2media.com Web Site

response2media.com (“we” or “us”) provides the information and services on its World Wide Web site to you (“you” or “the user”) under the following terms and conditions. By accessing and/or using this web site, you indicate your acceptance of these terms and conditions. Your particular attention is drawn to clauses 9 and 21

Introduction

1. TERMS AND CONDITIONS. By accessing or using the response2media.com web site (“this site”) you agree to be legally bound by these terms and conditions as they apply to your use of or access to this site. If you do not wish to be bound by these terms and conditions then you may not use this site.

2. NATURE OF THIS SITE. This site is a place for you to identify the workings of the response2media.com product/s, to place an order to purchase the personalised response2media.com report and to access your personalised response2media.com report that is updated on a weekly basis.

Conditions of Access to the Services

3. CONTRACT. If your monthly subscription payments are accepted under clause 11, response2media.com grants you a non-exclusive, non-transferable licence to use the Services for a minimum period of 12-months. Following the first 12-month minimum contract period, there then exists a 3-month rolling contract.

4. USE. You may only use the materials available as part of the Services for the purposes they are specifically provided for. You may not allow any other person to use the Services.

6. BREACH AND INSOLVENCY. We may terminate or suspend your use of the Services and your subscription at any time if you are found in breach of any of these terms and conditions or if, in our reasonable opinion, you are using this site improperly. In these circumstances, you will not be entitled to any refund. We may also terminate your use of the Services and your subscription if (in the case of a company) you go into liquidation, make a voluntary arrangement with your creditors or have a receiver or administrator appointed or (in the case of an individual or firm) you become bankrupt, make a voluntary arrangement with your creditors or have a receiver or administrator appointed. In these circumstances, we will refund any subscription payments that you have made in advance for full months after the effective date of termination of your membership less any costs that we have incurred.

7. TERMINATION. You may terminate the response2media.com contract by giving 3-months notice, however, please note the minimum contract period of 12-months as identified within section 3. The notice of termination must be given in writing and sent by email via the response2media.com website. We may end your subscription at any time by giving you a minimum of three months notice in writing to the latest address we have for you.

Payment

8. SUBSCRIPTION. Access to the member areas of the response2media.com site are only authorised if the user has been accepted as a subscriber of response2media.com and has fully paid any monthly subscription due. To access any of the Services, you will need to follow the subscription and registration procedures set out in this site.

9. PAYMENT. Details of our prices for the Services and the procedures for payment are identified within this website. You must pay for the response2media.com report by completing a Direct Debit Instruction that will be in force for a 12-month period from subscribing to the response2media.com service. Where 0800 numbers, or any other non-geographic number/s are used which incurs call charges that are paid by the client (you), the cost of these calls, which will vary from month to month because it is entirely dependent upon call volumes, will be invoiced separately on a monthly basis where payment must be made within 15-days following date of invoice.

10. PRICES. The initial price of any Services is the price in force at the date and time of your order and the agreed price will be maintained until renewal of the contract. All prices discussed over the telephone or that are displayed on this site are exclusive of any applicable taxes (including VAT) which are additionally payable. All subscription prices are fixed for the first year of your subscription. Thereafter and otherwise we may amend our prices, however, the agreed monthly cost will remain unchanged during any 12-month contract entered into.

11. OTHER PRICES. Where you request a target number change (this is where you request us to change the target/terminating number for each non-geographic number) a fixed charge of £10+VAT will be made for each target number change request made. Where you need to change all of your NGN’s target numbers, perhaps as a result of an office move, we will provide a competitive charge for such a request. We also charge for providing additional ‘drill-down’ telephone call data if requested where the cost of supplying this is agreed on an individual, case-by-case basis.

12. ACCEPTANCE. We are entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by online electronic means to the e-mail address you have given us.

13. NON-PAYMENT. If any payment is not made on the due date, we shall be entitled, without limiting any other right it may have, to: (a) charge interest on the outstanding amount (both before and after any judgement) at the rate of 4% above the base rate from time to time of Barclays Bank Plc from the due date until the outstanding amount is paid in full; (b) suspend provision of the Services without liability to the user until the outstanding amount is paid in full; and/or terminate the user’s subscription in accordance with clause 6.

Provision of Information

14. INFORMATION. You undertake that all details you provide to us for the purpose of subscribing to our Services and/or purchasing any other goods or services which may be offered by us will be correct and that the means of payment used is sufficient to cover the cost. We reserve the right to obtain validation of your payment details before providing you with any goods or services.

15. PERSONAL DATA AND THE DATA PROTECTION ACT 1998 (“THE ACT”). In order for us to provide the Services to you, you will from time to time provide us with certain personal data concerning yourself and your company. You authorise us to use, store or otherwise process any personal information which relates to and identifies such persons to the extent reasonably necessary to provide the services which are available through this site by us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties. You accept that any of these third parties may be located outside of the European Economic Area. All such information collected by us shall be referred to in these terms and conditions as “Personal Information”. You must ensure that the Personal Information you provide is accurate and complete and that you have the consent of the relevant individuals and otherwise complied with all obligations under the Act in order for us to use their Personal Information to provide the Services to you. You are responsible for ensuring that all Personal Information that we hold and use regarding you and your company is accurate and up to date and must promptly inform us if any changes need to be made. Other than any Personal Information relating to you, you acknowledge and agree that you are the data controller of all Personal Information of your personnel and customers for the purposes of the Act and that we are solely your data processor in this respect. We shall only hold and use their Personal Information as necessary to perform the Services and as otherwise required by you or by law. You fully and effectively indemnify us from and against all and any claims, proceedings, actions, liabilities, damages, costs, losses and expenses suffered or incurred due to our acting in accordance with this clause.

Intellectual Property

16. COPYRIGHT AND TRADEMARKS. The information available on or through this site is the property of response2media.com and/or its licensors and is protected by copyright, trademark, and other intellectual property laws. Users may not modify, copy, distribute, transmit, display, publish, sell, licence, create derivative works or otherwise use any information available on or through this site for commercial or public purposes save as specifically entitled by subscribing to the members areas of this site. Users may not use the trademarks, logos and service marks for any purpose without the written permission of response2media.com. All product and company names and logos mentioned in this site are the trade marks, service marks or trading names of their respective owners, including us. You may download material from this site for the sole purposes for which they are intended. However, you may not otherwise modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from this site including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so.

Warranties and Liability

17. AVAILABILITY AND INFORMATION. We do not give any warranty or representation that this site will operate uninterrupted or error-free. Information and documents provided on this site are provided “as is” without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement. response2media.com uses reasonable efforts to include accurate and up-to-date information on this site; it does not, however, make any warranties or representations as to its accuracy or completeness. response2media.com periodically adds, changes, improves or updates the information and documents on this site without notice. response2media.com assumes no liability or responsibility for any errors or omissions in the content of this site. Your use of this site is at your own risk.

18. WARRANTIES. All of our Services are provided with reasonable skill and care and any products you purchase from this site will be of satisfactory quality. We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the services, products, this site or any information or service provided through this site.

19. VIRUSES. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use this site and is compatible with this site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from this site will be free from infection, viruses, worms and/or other code that is harmful or which has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

20. LIMITATION OF LIABILITY. WE ACCEPT NO LIABILITY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, PROFIT, REVENUE OR BUSINESS, HOWEVER CAUSED, EVEN IF FORESEEABLE. IN CIRCUMSTANCES WHERE YOU SUFFER LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE VIEWING, USE OR PERFORMANCE OF THIS SITE OR ITS CONTENTS OTHER THAN AS A DIRECT RESULT OF UTILISING THE SERVICES, WE ACCEPT NO LIABILITY FOR THIS LOSS OR DAMAGE (EXCEPT WHERE WE HAVE BEEN NEGLIGENT) WHETHER DUE TO INACCURACY, ERROR, OMISSION OR ANY OTHER CAUSE AND WHETHER ON THE PART OF RESPONSE2MEDIA.COM OR OUR SERVANTS, AGENTS OR ANY OTHER PERSON. IF WE ARE LIABLE TO YOU FOR ANY REASON, OUR LIABILITY WILL BE LIMITED TO THE AMOUNT PAID OR PAYABLE BY YOU FOR THE SERVICE CONCERNED IN THE CALENDAR YEAR IN WHICH THE LIABILITY AROSE. NONE OF THESE EXCLUSIONS OR LIMITATIONS APPLY TO ANY LIABILITY WE MAY HAVE FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE FOR WHICH OUR LIABILITY SHALL BE UNLIMITED. THE LIMITATIONS AND EXCLUSIONS IN THESE TERMS AND CONDITIONS ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

21. SECURITY. The security of information transmitted through the internet can never be guaranteed. response2media.com is not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data. The user is responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of the response2media.com site. In order to protect you and your data, response2media.com may suspend your use of this site, without notice, pending an investigation, if any breach of security is suspected.

22. ACCESS TO PASSWORD PROTECTED/SECURE AREAS. Access to and use of password protected and/or secure areas of this site is restricted to authorised users only. Unauthorised access to such areas is prohibited. You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and password that may be given to you or selected by you for use on this site. You may not share these with or transfer them to any third parties. You must notify response2media.com immediately of any unauthorised use of them or any other breach of security regarding this site that comes to your attention.

23. INDEMNITY. You fully and effectively indemnify response2media.com and against all and any claims, proceedings, actions, liabilities, damages, costs, losses and expenses suffered or incurred by response2media.com due to any breach by you of any of these terms or conditions.

General

24. LAWS AND REGULATIONS. Access to and use of this site and the Services are subject to all applicable international, national and local laws and regulations. The user agrees not to use this site in any way which violates such laws or regulations. We have used all reasonable endeavours to ensure that this site complies with English law. However, we make no representations that the Services or the materials on this site are appropriate or available for use in locations outside of United Kingdom. response2media.com makes no warranties, express or implied, that making the Services available in any particular jurisdiction outside of United Kingdom is permitted under any applicable laws or regulations. response2media.com accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the use of this site or any Services by persons in jurisdictions outside of United Kingdom.

25. AVAILABILITY. We will try to make this site available but cannot guarantee that this site will operate continuously or without interruptions or be error free and we can accept no liability for its unavailability. You must not attempt to interfere with the proper working of this site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, router or any other internet connected device.

26. MODIFICATIONS. We reserve the right to alter, suspend or discontinue any aspect of this site or the content or services available through it, including your access to it, at any time. Unless explicitly stated any new features including new content, the sale of new products and/or services, tools or resources shall be subject to these terms and conditions.

27. ASSIGNMENT. We may assign, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.

28. WHOLE AGREEMENT. These terms and conditions are the whole agreement between you and response2media.com. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by response2media.com or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in these terms and conditions.

29. SEVERABILITY. If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.

30. FORCE MAJEURE. Except in relation to a payment obligation, neither you nor response2media.com will be held liable for any failure to perform any obligation to the other due to causes beyond your or response2media.com's respective reasonable control.

31. WAIVER. Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy.

32. THIRD PARTIES. A person who is not a party to this agreement between us has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

33. JURISDICTION/GOVERNING LAW. These terms and conditions shall be governed and construed in accordance with English law and you and we submit to the exclusive jurisdiction of the English Courts.

34. MONTHLY PRIZE DRAW RULES. The response2media.com monthly prize draw is open to anyone over the age of 18 based in the UK except agents and existing clients of response2media.com Limited.

To enter the monthly draw, you must enter your name, company name, telephone number and valid email address once only in any given month.

Each monthly draws take place on the 1st day of each new month where all the entries for the previous month will be entered into the draw.

The Accountants of response2media.com will act as independent adjudicators of the each monthly draw where the winner will be notified by email.

The prize is the FREE use of the response2media.com product for the first 12-month period. The response2media.com prize draw is based on the Option Two package to include the normal weekly and monthly response2media.com response reports via three consecutive standard 0845 or 0800 numbers. No other product/s as offered on the response2media.com website is included in the monthly prize draw. Premium 0845 and 0800 numbers that are chargeable are not included within the FREE prize draw.

As part of the response2media.com product, where the winner chooses to use an 0800 number/s, it is a requirement that they pay the incoming call costs associated to the 0800 number/s provided. The price of the incoming 0800 call costs is identified on the response2media.com website where payment is made by monthly Direct Debit only.

Winners of the monthly prize draw may be displayed on the response2media.com website as Title, Surname, Company and Area, e.g. Mr Smith, ABC Limited, Slough.

Where there is any misunderstanding of the above prize draw rules, the final decision to award the prize will rest with the Directors of response2media.com.


If you do not accept these terms and conditions, you cannot use our website or subscribe to our Services. When purchasing the response2media.com report, you will be prompted to read these terms and conditions.