| 1. |
The Sage.Com Service |
| 1.1 |
Welcome to sage.com, the Internet and e-business service of Sage Software Limited. Our
service ("The Service") includes a rich variety of online
resources provided by Sage to enable you to conduct e-business, including internet access,
e-mail, website design, webspace, software tools, domain name registration, information
services, and the supply of software and business products and services, including by
third parties. |
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| 1.2 |
The Service operates via a portal site ("The Site") through
which third parties selected by Sage ("Third Party Providers")
provide you online with their products and services. |
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| 1.3 |
Sage operates other Web-based e-business services in the United States, France,
Germany and elsewhere, through companies in those territories which are affiliated to the
Sage Group plc. These General User Conditions govern your use of the Service through this
website only. |
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| 1.4 |
We welcome your feedback on the Service. Please click HERE |
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| 2. |
Acceptance of User Conditions |
| 2.1 |
Your use of the Service is governed by these terms and conditions ("General
User Conditions") which you should read carefully before using the Service.
By using the Service you indicate your agreement to be bound by these General User
Conditions, whether you are a registered user of the Service or not. These General User
Conditions represent a binding contract between Sage Software Limited and you. If you do
not agree with these General User Conditions, do not use the Service. |
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| 2.2 |
All terms and conditions for specific services provided by Sage (for instance, Website
Design, or Domain Name Registration) are to be read subject to these General User
Conditions. |
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| 3. |
Third Party Terms and Conditions |
| 3.1 |
Products and services of Third Party Providers will be made available to you by them
under separate terms and conditions notified to you by those third parties. Sage has no
responsibility for the terms and conditions of service of Third Party Providers, or for
securing any licence or regulatory approval required by Third Party Providers to enable
them to conduct business. |
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| 3.2 |
The formation of contracts between you and Third Party Providers is governed by those
terms and conditions. Please note that Third Party Providers may reside in and be governed
by the laws of a country other than the UK. |
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| 4. |
Amendment to General User Conditions |
| 4.1 |
Sage may update or amend these General User Conditions at any time. Sage will
communicate changes to you via the Site. |
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| 5. |
Access to The Internet |
| 5.1 |
In order to use this Service, you need access to the Site via the Internet. Sage
offers internet access tools as part of the Service. Please click HERE
and follow the instructions. |
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| 5.2 |
PLEASE NOTE: YOU CAN ACCESS THE SAGE.COM SERVICE FROM ANYWHERE IN THE WORLD. THESE
GENERAL USER CONDITIONS APPLY TO YOU REGARDLESS OF HOW YOU HAVE ACCESSED THIS WEBSITE AND
REGARDLESS OF THE TERRITORY IN WHICH YOU CONDUCT BUSINESS. |
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| 5.3 |
SPECIAL PROVISION IF YOU OBTAIN INTERNET ACCESS FROM SAGE: If you
subscribe for Internet access through Sage and do not use the Service for 90 days, Sage
has the right to terminate your access to the Service and remove your material, including
email addresses and web space. Your user name and password will on termination become
available to other users. |
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| 6. |
Registration Process |
| 6.1 |
Sage may require you to register for non-chargeable services, and requires you to
register before choosing any part of the service for which Sage or third party providers
charge fees. |
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| 6.2 |
When you register, you agree to provide true, accurate, up-to-date and complete
information ("Registration Data") as required by the
Registration Form(s) made available to you via the Site. |
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| 6.3 |
Sage may rely upon your Registration Data to establish your business status, whether
you are liable to pay value added tax or other taxes on Services, to supply you with
information about its e-business products and services (in accordance with Sage's Privacy
Policy), or otherwise to identify and/or contact you. If your Registration Data is untrue,
inaccurate, significantly out-of-date or incomplete, Sage may by e-mail notice to you
terminate the Service forthwith or suspend your account and all current and future use of
the Service (or any part of it). |
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| 7. |
User Account, Password And Security |
| 7.1 |
You will receive a password and account designation upon completing the Registration
Process. You are responsible for maintaining the confidentiality of the password and
account and are fully responsible for all activities that occur under your password or
account. |
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| 7.2 |
You agree: |
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| 7.2.1 |
immediately to notify Sage of any unauthorised use of your password or account or any
other breach of security; and |
| 7.2.2 |
ensure that you exit from your account at the end of each session. |
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| 7.3 |
Sage cannot and will not be liable for any loss or damage arising from your failure to
comply with this section 7. |
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| 8. |
Our Service Obligations |
| 8.1 |
Sage currently secures internet access services from Planet Online, and website
hosting services from IBM. Sage will take all reasonable steps to provide its Services in
a fast and reliable manner to good industry standards and to ensure that the security,
integrity and confidentiality of your website, and your use of the Services, is maintained
to IBM's expected business standards and (where relevant) to those of Planet Online. |
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| 8.2 |
However, the performance and quality of Services depends upon the level of service of
these third party infrastructure providers and Sage does not give any warranties or
undertakings as to performance or quality in this regard. |
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| 8.3 |
Please notify us of any concerns or problems you experience in this regard, and we
will use our reasonable endeavours to require our infrastructure providers to rectify the
matter in a timely, responsive and efficient way. |
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| 9. |
Changes to the Services |
| 9.1 |
Any enhancements or additions to the Services shall be subject to these General User
Conditions, unless Sage expressly states otherwise. |
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| 9.2 |
Sage may introduce further sets of specific terms and conditions for specific services
as appropriate, or amend existing specific terms and conditions. |
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| 10. |
Website Design |
| 10.1 |
Sage provides a website design service upon request ("The Design Service").
If you have requested the Design Service, and Sage has agreed to provide it, please review
the specific terms which apply. |
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| 11. |
Domain Name Registration |
| 11.1 |
You may register for a domain name through the Service, in which case please read the
following specific terms and conditions. Click HERE |
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| 12. |
Website Hosting Services |
| 12.1 |
Sage provides a free website hosting service up to a capacity to be notified to you
from time to time. Whether you are creating a website using the Service, or you wish to
transfer an existing website into the sage.com environment, these General User Conditions,
including in particular the Acceptable Use Policy, apply to you. |
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| 13. |
Purchasing Products or Services Through the Sage Service |
| 13.1 |
Sage has created the Sage Shop, as well as links to Third Party Provider sites, and
co-branded products and services, to give you the opportunity to purchase products and/or
services from Sage and from Third Party Providers on-line. Fulfilment may be achieved by
online or standard off-line means. |
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| 13.2 |
For Sage's own products and services its normal trading terms apply as indicated to
you on the delivery note or other documentation you will receive upon delivery. |
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| 13.3 |
With regard to third party products and services the websites of the Third Party
Providers are owned and operated by independent suppliers. While Sage may
"co-brand" these products or services with Sage Brands, Sage does not endorse
those products or services or warrant the accuracy or reliability of any information
provided to you by those third parties. Sage does not guarantee that you will be satisfied
with the products and/or services from those Third Party Providers. |
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| 13.4 |
Please make whatever enquiries you feel are necessary before proceeding with any
transactions with such third parties. |
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| 13.5 |
PLEASE NOTE: Descriptions of Sage products and services available through the Service
are provided to you as indications only. A contract for sale with Sage will only be formed
once you notify Sage of your intention to buy the products/services in question and Sage
notifies you by e-mail of its acceptance of your offer to purchase. |
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| 14. |
Links to other Websites |
| 14.1 |
The content of any third party websites which you link to from sage.com are entirely
out of the control of Sage, and you proceed at your own risk. |
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| 14.2 |
The inclusion of these links in the sage.com website does not imply Sage's endorsement
of or association with any products, services, content, information or materials offered
by or accessible to you at the third party site. |
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| 14.3 |
All copyright and trade marks accessible via the links from sage.com are owned by the
respective website owners, or their licensors. |
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| 15. |
Acceptable use Policy |
| 15.1 |
THE FOLLOWING ACCEPTABLE USE POLICY APPLIES TO ALL USES BY YOU OF THE SERVICE,
INCLUDING ALL USE OF YOUR WEBSITE DESIGNED AND/OR HOSTED BY SAGE AS PART OF THE SERVICE.
SAGE MAY PROMPTLY SUSPEND OR BLOCK ACCESS TO YOUR USE OF THE SERVICE IF YOU ARE IN BREACH,
OR SAGE HAS REASON TO BELIEVE YOU MAY BE IN BREACH, OF THIS ACCEPTABLE USE POLICY, OR ANY
OTHER PROVISION OF THESE GENERAL USER CONDITIONS. |
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| 15.2 |
You agree not to:
- use the Services, or any website designed and/or hosted by Sage, for private, personal
reasons, but only in the course of your normal business activities;
- modify, access or make available data stored on a computer or device which you have
accessed through our Service, when either:
- the owner of the data, computer or device has taken steps to prevent you from doing
this; or
- the owner has expressed a wish that you not do this;
- knowingly make available on your website or knowingly upload files that contain software
or other material, data or information not owned by or licensed to you;
- use our Services or your website in any way to send unsolicited commercial email or
"spam", or any similar abuse of the Service;
- publish, post, distribute or disseminate defamatory, infringing, obscene, indecent or
other unlawful material or information via our Service, or on your website;
- use any material obtained via our Service other than solely for your own business
purposes, or disseminate or otherwise distribute any such material for commercial gain or
profit;
- threaten, harass, stalk, abuse, disrupt or otherwise violate the rights (including
rights of privacy and publicity) of others;
- engage in illegal or unlawful activities through the Service or via your website;
- make available or upload files to your website or to the Service that you know contain a
virus or corrupt data;
- falsify the true ownership of software or other material or information contained in a
file any user makes available via the Service;
- obtain or attempt to obtain access, through whatever means, to areas of our network or
the Service which are identified as restricted or confidential; or
- transfer material to or from your computer or website which infringes any laws,
regulations or the rights of others.
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| 16. |
Telecommunications Charges |
| 16.1 |
You must pay for the normal or standard telephone calls charges at the rates
publicised by your telephone operator or Internet access provider with whom you make your
normal or standard calls. These will appear as normal or standard rate calls on the bill
you receive from them. |
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| 16.2 |
You agree to abide by the terms and conditions of your agreement with your local
telephone operator and to pay and keep current all amounts due to them. We will not be
liable for any telephone call charges due to your local telephone operator, and you agree
to indemnify us for any costs, expenses or liabilities we incur due to your failure to pay
any such charges. |
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| 16.3 |
Your phone number will not be made available by us to any third party for commercial
purposes and will only be used internally by us and our network providers to verify our
Service provision to you and your access to our Services. |
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| 17. |
Sage Business Helpdesk |
| 17.1 |
If you require any help in using the Service, please contact our helpdesk for
assistance. |
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| 17.2 |
There is no separate charge for such assistance, except your normal or
standard telephone call charges which you will be billed by your local telephone operator.
However, Sage reserves the right to apply a charge in the future to be notified to you
reasonably in advance of providing support. |
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| 17.3 |
All helpdesks are contactable via the listed contact details and are available for
assistance during normal working hours. However, no guarantee or warranty can be given to
you in respect of any particular solution or result suggested by the helpdesks. |
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| 17.4 |
For the purposes of providing real time staff training, and generally to facilitate
monitoring of the Service f or the benefit and protection of all users of the Service, we
reserve the right to monitor and/or record any calls made to the helpdesks, and you agree
that in placing any call for assistance you have given your consent to any such monitoring
and/or recording. |
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| 17.5 |
Any non-genuine calls to the helpdesks for assistance, being of a fraudulent,
malicious or hoax nature, may be charged to you at the helpdesk charges prevailing from
time to time (which shall be billed to you by your local telephone operator), and/or we
may terminate your right to use the Service immediately, at our discretion. |
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| 18. |
Privacy of Sage.Com Users |
| 18.1 |
Sage recognises the importance of maintaining the privacy of personal and business
data we collect which relates to your business. Please click HERE
to view our Privacy Policy. |
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| 19. |
Sage Brands, Trade Marks and Copyright |
| 19.1 |
Your use of Sage trade marks, logos, designs, or copyrights ("Sage Brands")
is strictly limited to that permitted by the Service. You may not use Sage Brands in any
way in connection with your business, nor imply that your business conducted through your
website has any association or connection with Sage. |
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| 19.2 |
The Sage Brands are valuable property of members of the Sage group of companies and
used by you under licence. All goodwill in the Sage Brands remains vested in Sage. |
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| 19.3 |
You will notify Sage promptly if you become aware of any misuse or infringement by any
third party of the Sage Brands. |
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| 20. |
Sage Software |
| 20.1 |
All software provided by Sage to you for access and use of the Services (such as
SiteCreator) is provided under licence and no title transfers to you. You agree not to use
the software for any other purpose, or to do anything which affects our title or that of
any third party owner. Where we provide third party software directly to you, you agree to
comply with any applicable terms of which we notify you, including any registration
requirements. |
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| 21. |
System Security and Confidentiality |
| 21.1 |
Sage will use appropriate technical and organisational measures and require its
infrastructure service providers including IBM, to do the same, with a view to protecting
the data Sage obtains about you, and protecting your website, from unauthorised or
unlawful access or processing, or against accidental loss or damage. |
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| 22. |
Charges and Payment |
| 22.1 |
The charges for the Service are as follows:
- for registration with the Service alone: free (but Sage may charge in the future);
- for specific services (for example, Website Design, Domain Name Registration): as
indicated to you at the time we agree to provide the Service; and
- for purchasing third party products and services: such charges as are set by the Third
Party Provider and notified directly to you by them.
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| 22.2 |
Sage will require you to open and maintain a trading account with Sage before you can
buy products or services from the Service. Your payments to Sage shall be made under the
terms of Sage's electronic bill presentment scheme by electronic direct debit mandate. You
hereby authorise Sage to exercise its rights to receive payment for the Service under the
electronic direct debit mandate. You are responsible for the accuracy of your electronic
direct debit instruction and for any losses or expenses incurred by Sage as a result of
such information being inaccurate. |
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| 22.3 |
All charges quoted are exclusive of VAT and other applicable sales or other taxes,
unless otherwise stated. |
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| 22.4 |
If you withdraw the electronic direct debit mandate or you otherwise cease to make or
facilitate payments when lawfully due, Sage may terminate the Service at once. |
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| 23. |
Liabilities |
| 23.1 |
You are responsible for the content of your emails, news postings or any other
material distributed through the Service. You are responsible for all liabilities arising
out of your use of your hosted website, including contractual, tax, and regulatory
liabilities. You agree to indemnify us for any costs, expenses or liabilities we incur due
to your use of the Service or your website. |
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| 23.2 |
We reserve the right to remove any information we deem to be in breach of any of these
terms and conditions without warning and/or to make available such information when
required to do so by law or when requested to regulatory bodies or law enforcement
organisations. |
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| 23.3 |
In any event, we shall not be liable for any loss of profits or consequential or
economic loss of any kind. Our liability will not exceed, in any circumstances, the amount
paid by you to us pursuant to this agreement. |
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| 23.4 |
We do not limit or exclude liability for death or personal injury caused by own
negligence. |
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| 23.5 |
You agree to indemnify us for any expenses, losses, liabilities or costs incurred and
any claims or legal proceedings which are brought or threatened against us, in each case
arising from your use of the Service. |
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| 23.6 |
All implied warranties and undertakings are hereby excluded, to the maximum extent
permitted by law. |
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| 24. |
No Transfer |
| 24.1 |
You may not assign, sub-license, sub-contract, transfer or otherwise dispose of any of
your rights or obligations under the General User Conditions without our prior consent. |
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| 25. |
Force Majeure |
| 25.1 |
We shall not be liable to you for any delay or non-performance of the Service arising
from any cause beyond our reasonable control or that of our service providers. |
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| 26. |
Termination |
| 26.1 |
Apart from our ability to terminate the Service immediately on notice to you for your
material breach of any of the General User Conditions, we may also terminate the Service
without prior notice to you where:
- there is a regulatory or statutory change limiting our ability to provide the Service;
- any event occurs which is beyond our reasonable control or that of IBM as our
infrastructure provider which in either case prevents us from continuing the Service;
- you obtain Internet access through Sage and fail to use the Service for 90 days; or
- you have ceased to trade, have become insolvent, or entered into administration, or are
unable to pay your debts, or we have a well-founded belief that any of these is likely to
apply.
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| 26.2 |
You may terminate the Service at any time by giving us notice of termination in
substantially the manner described in clause 28. |
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| 27. |
Further Services |
| 27.1 |
Where you require any additional products or services, including increased web space
or any special connections, please contact us. These additional products or services may
be provided by Sage or by a third party. Any such additional products or services (whether
provided by Sage or by a third party) may attract separate charges and may be subject to
additional or different terms and conditions. |
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| 28. |
Notices |
| 28.1 |
Notice may be given by us or you by email or in writing. Our address for this purpose
is: Email: online@sage.com
Writing
Sage Software Ltd
(e-commerce division)
Sage House
Benton Park Road
Newcastle-upon-Tyne
Tyne & Wear
NE7 7LZ
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| 29. |
Governing Law |
| 29.1 |
These General User Conditions and your use of this Service shall (to the maximum
extent permissible by law) be governed by and construed in accordance with English law and
the English Courts shall have exclusive jurisdiction in connection with all matters
relating to these General User Conditions. |
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| 30. |
Entire Agreement |
| 30.1 |
These General User Conditions (together with any specific terms and conditions for
specified services) contain the whole agreement between us relating to the Service and
supersede all previous agreements between us relating to it. You acknowledge that in
agreeing to these General User Conditions you have not relied on any representation,
warranty or other assurance except those set out in the sage.com website. |
