Terms & Conditions for use of HalliSoftUK

1 ACCEPTANCE OF TERMS
Your access to and use of hallisoft.uk, hallisoft.uk, HalliSoftUK.cyrto, HalliSoftUK.nft and TOR address (HalliSoftUKfdw6e23nuv7zii7lesvooa3mte3r66kh2fjlgfkhnak2vyqd.onion) ("the website") is subject exclusively to these Terms and Conditions.
You will not use the website for any purpose that is unlawful or prohibited by these Terms and Conditions.
By using this website you are fully accepting the terms, conditions and disclaimers contained in this document
If you do not accept these Terms and Conditions you must immediately stop using the Website.

2 ADVICE
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.

3 CHANGES TO WEBSITE
HalliSoftUK reserves the right to:
3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that HalliSoftUK shall not be liable to you for any such change or removal; and
3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

4.LINKS TO THIS WEBSITE
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site https://hallisoft.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of HalliSoftUK.
To find out more please contact us by email at [email protected].
4.1 LINKS TO THIRD PARTY WEBSITES The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that HalliSoftUK is not responsible for the content or availability of any such sites.

5 COPYRIGHT
5.1 All copyright, trade-marks and all other intellectual property rights on the Website and within its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to HalliSoftUK or otherwise used by HalliSoftUK as permitted by law.
5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use.
None of the content may be scraped, downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder.
This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

6 DISCLAIMERS AND LIMITATION OF LIABILITY
6.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
6.2 To the extent permitted by law, hallisoft.uk will not be liable for and indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
6.3 hallisoft.uk makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
6.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of hallisoft.uk for death or personal injury as a result of the negligence of hallisoft.uk or that of its employees or agents.

7 INDEMNITY
You agree to indemnify and hold hallisoft.uk and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against hallisoft.uk arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

8 SEVERANCE
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

General Terms & Conditions of Business

1. DEFINITIONS The following expressions shall have the following meanings:
1.1 - “Consultant” means HalliSoftUK;
1.2 - “Client” means any person who purchases Services from the Consultant;
1.3 - “Proposal” means a quotation or other similar document describing the Services;
1.4 - “Services” means the consultancy services as described in the Proposal;
1.5 - “Terms and Conditions” means the terms and conditions of supply of Services as set out in this document and any subsequent terms and conditions agreed in writing by the Consultant;
1.6 - “Agreement” means the contract between the Consultant and the Client for the provision of the Services incorporating these Terms and Conditions;
1.7 - “Intellectual Property Rights” means any patent, trademark, service mark, registered design, copyright, design right, right to extract or exploit information from a database, database rights, know- how, confidential information or process, any application for any of the above, and any other Intellectual Property Right recognised in any part of the world whether or not presently existing or applied for;
1.8 - “Mediator” is the party nominated to resolve a dispute between the Consultant and the Client.
2. GENERAL 2.1 - These Terms and Conditions shall apply to the Agreement for the supply of Services by HalliSoftUK to the Client and shall supersede any other documentation or communication between parties.
2.2 - Any variation to these Terms and Conditions must be agreed in writing by HalliSoftUK.
2.3 - Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which HalliSoftUK may be entitled in relation to the Services, by virtue of any statute, law or regulation.

3. PROPOSAL 3.1 - The Proposal for Services is attached to these Terms and Conditions.
3.2 - The Proposal for Services shall remain valid for a period of 14 days.
3.3 - The Proposal must be accepted by the Client in its entirety.
3.4 - The Agreement between HalliSoftUK and the Client, incorporating these Terms and Conditions, shall only come into force when HalliSoftUK confirms acceptance in writing to the Client.

4. SERVICES AND DELIVERY
4.1 - The Services are as described in the Proposal.
4.2 - Any variation to the Services must be agreed by HalliSoftUK in writing.
4.3 - The Services shall commence from the time of which the Client accepts this agreement and continue until the agreement is terminated/service comes to an end unless terminated according to the terms of this Agreement. OR
4.3 - The Services shall commence from the time of which the Client accepts this agreement and continue until terminated by either party giving not less than 28 days notice in writing or unless terminated according to the terms of this Agreement.
4.4 - The Services shall be carried out at the place of work of HalliSoftUK or the Client or any other location that HalliSoftUK deems appropriate.
4.5 - HalliSoftUK shall provide technical support, if required, by phone 8 hours a day – 5 days a week.
4.6 - Dates given for the delivery of Services are estimates only and not guaranteed. Time for delivery shall not be of the essence of the Agreement and HalliSoftUK shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery.

5. PRICE AND PAYMENT
5.1 - The price for Services is as specified in the Proposal and is inclusive of VAT and any other charges as outlined in the Proposal.
5.2 - The terms for payment are as specified in the Proposal.
5.3 - All direct costs and expenses incurred by HalliSoftUK in connection with the provision of the Services will be re-charged at cost or according to standard charges as described in the Proposal.
5.4 - The Client must settle all payments for Services within 7 days from the invoice date.
5.5 - The Client will pay interest on all late payments at a rate of 20% per month.
5.6 - HalliSoftUK is also entitled to recover all reasonable expenses incurred in obtaining payment from the Client where any payment due to HalliSoftUK is late.
5.7 - The Client is not entitled to withhold any monies due to HalliSoftUK.
5.8 - HalliSoftUK is entitled to vary the price to take account of:
5.8.1 - Any additional Services requested by the Client which were not included in the original Proposal;
5.8.2 - Any additional work required to complete the Services which was not anticipated at the time of the Proposal;
5.8.3 - Any reasonable increase in hourly rate, if applicable; and any variation must be intimated to the Client verbally or in writing by HalliSoftUK.
5.9 - HalliSoftUK shall be responsible for the payment of National Insurance contributions as a self-employed person and for the payment of any Income Tax, VAT or other liabilities arising out of remuneration for providing the Services.

6. CLIENT OBLIGATIONS
6.1 - The Client agrees to cooperate with HalliSoftUK and shall provide any support, information and facilities to HalliSoftUK as may be required.
6.2 - The Client is responsible for obtaining all necessary permits or approvals to enable HalliSoftUK to provide the Services.
6.3 - The Client agrees to refrain from directly or indirectly recruiting any person employed or engaged by HalliSoftUK for the purpose of providing the Services for a period of 12 months following completion of the Services.

7. CONSULTANT OBLIGATIONS
7.1 - HalliSoftUK shall supply the Services as specified in the Proposal.
7.2 - HalliSoftUK shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice.
7.3 - HalliSoftUK shall install and test new systems where necessary in terms of the Services but responsibility for any such equipment shall remain with the original supplier.
7.3 - HalliSoftUK shall have the authority to delegate any obligations to other employees or Subcontractors but undertakes to notify the Client of any significant changes to personnel.
8. CONFIDENTIALITY 8.1 – HalliSoftUK shall keep secret and confidential all information relating to the business or affairs of the Client, the Clients subsidiaries and the Clients customers.
8.2 - HalliSoftUK shall ensure that any other parties to whom work has been delegated will sign an appropriate secrecy undertaking.

9. INTELLECTUAL PROPERTY RIGHTS
9.1 - HalliSoftUK shall take all reasonable steps to ensure that they, or others to whom work has been delegated, refrain from causing damage to the Intellectual Property Rights belonging to the Client.
9.2 -The Client shall not distribute any Intellectual Property Rights belonging to HalliSoftUK to any third party without the written consent of HalliSoftUK.
9.3 - Any Intellectual Property Rights created as a result of the Services shall belong to HalliSoftUK unless provisions, such as the granting of a royalty-free, world-wide, nonexclusive licence, have been made to the contrary in the Proposal.
9.4 - The Client warrants that any material belonging to the Client and its use by HalliSoftUK for the purpose of providing the Services will not infringe the copyright or other rights of any third party, and the Client shall indemnify HalliSoftUK against any loss, damages, costs, expenses or other claims arising from any such infringement.
10. PROPERTY AND RISK 10.1 - Risk in any property or materials used to provide the Services shall pass from HalliSoftUK to the Client when the property or equipment leave the premises of HalliSoftUK or on delivery if HalliSoftUK is transporting the items.
10.2 - Adequate insurance should be held by both parties to protect any property or materials that are within their care.
10.3 - HalliSoftUK must store any property or materials belonging to the Client separately from any other property or materials belonging to HalliSoftUK or a third party.

11. TERMINATION
11.1 - The Agreement shall continue until the Services have been provided in terms of the Proposal or any subsequent date as mutually agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions.
11.2 - The Client may terminate the Agreement if HalliSoftUK fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 6 weeks after notification of non-compliance is given.
11.3 - HalliSoftUK may terminate the Agreement if the Client has failed to make over any payment due within 7 days of the sum being requested.
11.4 - Either party may terminate the Agreement by notice in writing to the other if:
11.4.1 - The other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
11.4.2 - The other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or
11.4.3 - The other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
11.4.4 - The other party ceases to carry on its business or substantially the whole of its business; or 11.4.5 - The other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
11.5 - In the event of termination the Client must make over to HalliSoftUK any payment for work done and expenses incurred up to the date of termination.
11.6 - Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.

12. MEDIATION
12.1 - Any dispute arising under this Agreement will be referred to and decided by the Mediator.
12.2 - A party wishing to refer a dispute to the Mediator shall advise the other party of this intention in writing at any time during the term of this Agreement. The dispute must then be referred to the Mediator within 7 days of this intention being intimated.
12.3 - The Mediator shall act impartially and be free to take the initiative in ascertaining the facts and the law. The Mediator must reach a decision within twenty 28 days of referral or such longer period as the parties may agree.
12.4 - During the period of mediation both parties must continue with their obligations as stated in this Agreement.
12.5 - The decision of the Mediator is binding on both parties unless and until revised by legal proceedings or agreement by both parties.
13. WARRANTY Both parties warrant their authority to enter into this Agreement and have obtained all necessary approvals to do so.

14. LIMITATION OF LIABILITY
14.1 - HalliSoftUK shall not be liable under any circumstances to the Client or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Client howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
14.2 - Nothing in these Terms and Conditions shall exclude or limit the liability of HalliSoftUK for death or personal injury, however HalliSoftUK shall not be liable for any direct loss or damage suffered by the Client howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the sum insured under the professional indemnity insurance policy held by HalliSoftUK in the insurance year in which the Clients claim is first notified.
15 INDEMNITY The Client shall indemnify HalliSoftUK against all claims, costs and expenses which HalliSoftUK may incur and which arise directly or indirectly from the Clients breach of any of its obligations under these Terms and Conditions. 16. FORCE MAJEURE Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
17. ASSIGNMENT The Client shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of HalliSoftUK.
18. RELATIONSHIP OF PARTIES Nothing in the Agreement shall be construed as establishing or implying a partnership or joint venture between the parties or suggest that either of the parties are agent for the other.
19. THIRD PARTY RIGHTS Nothing in these Terms and Conditions intend to or confer any rights on a third party.
20. SEVERANCE If any term or provision of these Terms and 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 hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
21. WAIVER The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
22. NOTICES Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Proposal or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
23. ENTIRE AGREEMENT These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
24. GOVERNING LAW These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.

Online Sales Terms & Conditions

PRODUCTS
HalliSoftUK make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the Site. However, it is not possible to guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products.
All products are subject to availability, and we cannot guarantee that items will be in stock.
We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

PURCHASES AND PAYMENT
HalliSoftUK accept the following forms of payment:

- PayPal
- Visa (Stripe Payment System)
- Mastercard (Stripe Payment System)


You agree to provide current, complete, and accurate purchase and account information for all purchases made via any HalliSoftUK website, App or portal . You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that your transactions can be completed and contact you as needed.
We may change prices at any time. All payments shall be in (£) GBP.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise HalliSoftUK to charge your chosen payment provider for any such amounts upon placing your order.
HalliSoftUK reserve the right to correct any errors or mistakes in pricing, even if payment has already been requested or received.

HalliSoftUK reserve the right to refuse any order placed through any of the apps, websites or portals Site. HalliSoftUK may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.
These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address.
HalliSoftUK reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.


RETURN/REFUNDS POLICY
Digital Products & Services
HalliSoftUK do NOT issue refunds or accept returns for any digital products.
This includes marketing data, digital designs or documentations.
Given the nature of downloadable digital items, we do not offer a refund or credit on a purchase unless required under UK consumer law or other relevant consumer protection laws.

Physical Goods
As well as your statutory cancellation rights, you can return most products from the HalliSoftUK websites, apps or portals to HalliSoftUK within 14 days of receipt of the products if the products are in an unused and undamaged condition.
To return an item please send the item back to the address provided on the packing slip included with your purchase.
Please note that this returns policy doesn't affect your statutory rights and therefore doesn't affect your right of cancellation as described above.
Please note that you must return each item in the same condition in which you received it. This means that new items must be returned unused and undamaged.
Used items must not have any additional signs of use or damage.

Hosting Agreement T&C's

THIS AGREEMENT is made BETWEEN: HalliSoftUK("the Provider");
and (“The Customer”)

1 DEFINITIONS
1.1 In this Agreement the following words and expressions shall have the following meanings:
1.1.1 "downtime" means any service interruption in the availability to visitors of the Hosted Service;
1.1.2 "intellectual property rights" means patents, trademarks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country;
1.1.3 "IP address" stands for internet protocol address which is the numeric address for the server;
1.1.4 "ISP" stands for internet service provider;
1.1.5 "server" means the computer server equipment operated by the Supplier in connection with the provision of the Services;
1.1.6 "the Services" means web hosting, email and any other services or facilities provided by the Supplier as outlined in Schedule 1 to this Agreement;
1.1.7 "spam" means sending unsolicited and/or bulk emails;
1.1.8 "virus" means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user’s files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as "worms" or "Trojan-horses";
1.1.9 "visitor" means a third party who has accessed the Hosted Service;
1.1.10 "the Hosted Service" means http://www.cybercoolonline.info.
1.2 The Schedules form part of the operative provisions of this Agreement and references to this Agreement shall, unless the context otherwise requires, include references to the Schedules.
1.3 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
1.4 The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.

2 INTRODUCTION
2.1 The Customer wishes to provide the Supplier with data that will be hosted on the Supplier’s servers and made accessible via the Internet.
2.2 The Supplier provides web hosting services and has agreed to host the Customer’s data upon the following terms and conditions.

3 DUTIES
3.1 The Supplier shall provide to the Customer the Services specified in Schedule
1 to this Agreement subject to the following terms and conditions.
3.2 The Customer shall deliver to the Supplier the Hosted Service and the software used in the Hosted Service which is owned by the Customer, or licensed to him by a third party or the Supplier ("the Customer Software), in a format specified by the Supplier.

4 CHARGES AND PAYMENT
4.1 The Customer shall pay the Charges for the Services in accordance with the Terms of Payment as specified in Schedule 2 to this Agreement.
4.2 The Charges are exclusive of VAT, which if payable shall be paid by the Customer.
4.3 The Supplier shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 2.00per annum above the base rate of Royal Bank of from time to time in force.
5 IP ADDRESSES
5.1 The Supplier shall maintain control and ownership of the IP address that is assigned to the Customer as part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses.
5.2 Where the Supplier changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Customer.

6 SOFTWARE LICENCE AND RIGHTS
6.1 If the Customer requires use of software owned by or licensed to the Supplier ("the Supplier’s software") in order to use the Services, the Supplier grants to the Customer and its employees, agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable, non-exclusive licence to use the Supplier Software in object code form only, in accordance with the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the Customer any right, title, interest or intellectual property rights in the Supplier Software.
6.2 In relation to the Supplier’s obligations under this Agreement in connection with the provision of the Services, the Customer grants to the Supplier a royalty-free, world-wide, non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the Hosted Service ("the Content"). For the avoidance of doubt, this Agreement does not transfer or grant to the Supplier any right, title, interest or intellectual property rights in the Customer Software or the Content.
6.3 The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense the Supplier Software. If the Customer is permitted under this Agreement or by law to make any copies of the Supplier Software, the Customer must reproduce all proprietary notices of the Supplier, if any, on the copies.
6.4 The Supplier may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including back-up copies of the Content. Upon termination or expiration of this Agreement, the Supplier shall destroy or deliver to the Customer all such copies of the Content and other materials provided by the Customer as and when requested by the Customer.

7 SERVICE LEVELS
The Supplier shall use its reasonable endeavours to make the server and the Services available to the Customer 99.00% of the time but because the Services are provided by means of computer and telecommunications systems, the Supplier makes no warranties or representations that the Service will be uninterrupted or error-free and the Supplier shall not, in any event, be liable for interruptions of Service or downtime of the server.

8 ACCEPTABLE USE POLICY
8.1 The Hosted Service and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to:
8.1.1 use the Services or the Hosted Service in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services;
8.1.2 send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;
8.1.3 publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights, via the Services or on the Hosted Service;
8.1.4 threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
8.1.5 engage in illegal or unlawful activities through the Services or via the Hosted Service;
8.1.6 make available or upload files to the Hosted Service or to the Services that the Customer knows contain a virus, worm, trojan or corrupt data; or
8.1.7 obtain or attempt to obtain access, through whatever means, to areas of the Supplier’s network or the Services which are identified as restricted or confidential.
8.2 The Customer has full responsibility for the content of the Hosted Service. For the avoidance of doubt, the Supplier is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.
8.3 If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 8.1 the Supplier shall be entitled to withdraw the Services and terminate the Customer’s account.

9 ALTERATIONS AND UPDATES
All alterations and updates to the Hosted Service shall be made by contacting HalliSoftUK.

10 WARRANTIES
10.1 The Customer warrants and represents to the Supplier that the Supplier’s use of the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software to the Supplier as set out in Clause 6.2.
10.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, the Supplier shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.

11 INDEMNITY
The Customer agrees to indemnify and hold the Supplier and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against the Supplier arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Hosted Service.

12 LIMITATION OF LIABILITY
12.1 Nothing in these terms and conditions shall exclude or limit the Supplier’s liability for death or personal injury resulting from the Supplier’s negligence or that of its employees, agents or sub-contractors.
12.2 The entire liability of the Supplier to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
12.3 In no event shall the Supplier be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever.
This shall apply even where such a loss was reasonably foreseeable or the Supplier had been made aware of the possibility of the Customer incurring such a loss.

13 TERM AND TERMINATION
13.1 This Agreement will become effective on 01 January 2004 and shall continue for a period of not less than 12 months and thereafter shall continue until terminated by either party by giving at least 1 months’ notice in writing of its intention to terminate the Agreement, with no termination earlier than the initial period.
13.2 The Supplier shall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.
13.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:
13.3.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or 13.3.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
13.3.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
13.3.4 the other party ceases to carry on its business or substantially the whole of its business; or
13.3.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
13.4 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.

14 ASSIGNMENT
14.1 The Supplier may assign or otherwise transfer this Agreement at any time.
14.2 The Customer may not assign or otherwise transfer this Agreement or any part of it without the Supplier’s prior written consent.

15 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

16 SEVERANCE
If any provision of this Agreement 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 hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

17 NOTICES
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting.

18 ENTIRE AGREEMENT
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.

19 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

Remote IT Support Terms

HalliSoftUK consistently deliver a professional Remote IT Support Service.

The term ‘HalliSoftUK’ or ‘I’ refers to the owner of the website.
Whilst HalliSoftUK embark on taking all due care in the use of your computer, HalliSoftUK cannot guarantee this service will resolve the IT problem or that the attempt to resolve technical issues will not cause additional problems requiring an onsite or back‐to‐base support call.
HalliSoftUK is not liable for any consequential damages and it is the client’s responsibility to backup all applications and data prior to any Remote IT support session.
NB. Please close any personal or confidential information on your screen, as the technician will be viewing your desktop.
By using this Remote IT Support service you understand that:
• All remote service and software is provided at the customer’s sole risk.
• You are responsible for the backup of your data and applications.
• HalliSoftUK is not liable for consequential damages of any kind.
• HalliSoftUK is not liable for unauthorised access to anybody's computers via the remote software ‘AnyDesk’ or ‘Logmein’ or ‘Teamviewer’.
• HalliSoftUK will not disclose passwords or IDs to any 3rd party and no record of login details will ever be recorded.
The ability for HalliSoftUK to remotely access your computer significantly enhances our ability to resolve your technical problem quickly. You understand that, by requesting such assistance, you are providing HalliSoftUK technical support personnel with access to and control of your computer.
In doing so, you could be providing HalliSoftUK technical support personnel with access to files that reside on your computer therefore, you accept responsibility for any changes made to your computer files, content or system settings.
HalliSoftUK does not assume and is not responsible for any liability for the linking and viewing of any desktop content, the operation of the remote access software or system performance.
HalliSoftUK recommends that, for your security and privacy, you exit any open applications that contain personal or confidential information before initiating a remote support session with the HalliSoftUK representative.
HalliSoftUK further recommends that you remain seated at your desktop throughout the entire remote session.
By accepting these terms and conditions, you acknowledge that remote intervention may in some cases result in data loss and/or software corruption on your computer therefore HalliSoftUK explicitly recommends that you back up the data from your computer before accepting remote technical support.
If you do not back up your data, you run the possibility of irretrievable loss of such data and HalliSoftUK will not be liable for any data or extra costs incurred from 3rd parties, however caused.

The Software
HalliSoftUK uses the software ‘AnyDesk’ or ‘Logmein’ or ‘Teamviewer’ to provide remote IT assistance and technical support. Features of this software include:
Easy to use and secure. You are in full control and can end the session at any time
Completely secure data channels with key exchange and AES (256 Bit) session encoding, the same security standard used in HTTPS/SSL technologies ‐ the gold standard in security on the internet.
Ability to diagnose and resolve problems remotely.
Allow the HalliSoftUK support representative to view or control your desktop.
Transfer files via direct transfer to or from the HalliSoftUK support representative (optional).
‘AnyDesk’ or ‘Logmein’ or ‘Teamviewer’ will be installed onto your computer so that we can obtain remote access at any time with your permission.

If you wish to uninstall the software or turn it off, please contact us and we will explain how to do this. The Remote Connection
When you have agreed to use our remote service, you will need to initiate a secure connection with one of our support engineers.
In order to create this connection, you will download the software from a link that is sent to you via email, SMS or the software will already have been installed at your consent.
After use, the software installed can either be removed from your machine or left on for future use in either an activated or deactivated state.
This choice is yours and you should indicate to the HalliSoftUK technical support representative which option you prefer.
HalliSoftUK treat all data in strict confidence – you can view our GDPR, Privacy & Cookie Policy on the site at the following URL: https://hallisoft.uk/gdpr.php