These terms and conditions relate solely to the provision of internet sales tracking services and Managed Internet Marketing Services (MIMS) by SaleTrack to clients and are the only basis on which SaleTrack is prepared to provide such services. Any agreement covered by these terms and conditions is legally binding when requested by a Client submitting an online application for service to the relevant section of SaleTrack and confirmed by SaleTrack allowing access to sales and other data relating to the Client site. Any such agreement does not require written confirmation or a signature.
Conditions: These standard terms and conditions.
SaleTrack: The division of Come-Shopping.Com Ltd providing internet sales tracking services
SaleTrack Site: The website associated with www.SaleTrack.co.uk.
SaleTrack Services: The provision of a platform to which a client can send real-time online data, information and statistics relating to internet traffic, unique visitors, sales numbers, sales values and other relevant information from the Client site for collection and analysis.
Managed Internet Marketing Service (MIMS): The provision of tracking, analysis, research, review, advice, management and maintenance of client online marketing.
Client: The person, firm or company receiving SaleTrack services.
Contract: Any agreement entered into, either orally, digitally or in writing, between a Client and SaleTrack as set out above.
Basic Package Charge: The monthly basic charge for the selected SaleTrack package, which excludes any Excess Traffic Charge or Additional Campaign Charge and is payable on the first day of each monthly service period.
Excess Traffic Charge: The charge made for traffic numbers in excess of those included in the selected basic package.
Additional Campaigns Charge: The charge made for the provision of campaigns additional to those included in the selected basic package.
Total Monthly Charge: The basic package charge for a month plus any Excess Traffic Charge for the previous month, Additional Campaign Charges and any MIMS charges.
Initial Term: One month for SaleTrack tracking services and six months for MIMS services..
Renewed Term: Monthly period(s) subsequent to the Initial Term.
Initial Payment: The first payment made at the commencement of a contract consisting of the basic monthly rental for the selected SaleTrack package.
Monthly Payment: The payment made at the beginning of each Renewed Term covering the Total Monthly Charge for that period.
Payment Due Date – SaleTrack Services: The date of the first monthly Basic Package Charge which is payable before service can be commenced or on the first day of subsequent Renewed Terms. SaleTrack Parcel Service: In advance of each parcel delivery ordered by the client and made by deduction from the Client Deposit Account.
Server: The computer servers used to provide the SaleTrack service.
Intellectual Property Rights: All intellectual property rights including without limit any and all patents, design rights, database rights, copyright, moral rights, trade secrets, confidential information, trade marks, service marks, trade names and goodwill.
2) ACCEPTANCE OF TERMS
The Conditions set out the terms on which SaleTrack is prepared to provide services, and by requesting or using the services the Client accepts this. All other terms and conditions are excluded to the fullest extent permitted by law. SaleTrack reserves the right to review and revise the Conditions from time to time without prior notice and, by using the services subsequent to any revision of these Conditions, the Client agrees to be bound by such changes.
Where appropriate, the Client agrees to provide such information as prompted by the SaleTrack registration form and to ensure that this is true, current, accurate and complete. If it is not true, current, accurate and complete then SaleTrack shall be entitled to terminate the Contract or suspend the Services until such time as SaleTrack determines.
The Client is responsible for the security and proper use of all user names, passwords, keywords, data and information associated with SaleTrack services and must take all necessary steps to ensure that they are kept confidential, used properly and not disclosed to unauthorised persons. SaleTrack is not liable for any loss of confidentiality or for any damages arising from a failure to comply with these terms.
5) THE SERVICES
The Services shall be as described on the SaleTrack Site and such other material as SaleTrack provides to the Client from time to time. SaleTrack reserves the right at any time and from time to time to amend, extend, improve, correct or discontinue the Services (or any part thereof) with or without notice and the Client agrees that SaleTrack shall not be liable to the Client or to any third party for any loss arising from such modification, suspension or discontinuance. SaleTrack will restore the Service as soon as reasonably practicable after temporary suspension. SaleTrack shall use its reasonable endeavors to ensure that the Servers and the data contained therein are safeguarded from damage, accident, fire, theft and unauthorised use.
The current price payable for the Services shall be published on the SaleTrack Site from time to time and confirmed at the time the Client requests SaleTrack to provide any of the Services. SaleTrack shall be entitled to vary its prices from time to time subject to one month’s notice of such increase. The Basic Package Charge price covers permitted number of monthly clicks and permitted campaigns as stated on the Site. If the Client exceeds this limit then additional charges will be made in the following month in the form of an Excess Traffic Charge and/or an Additional Campaign Charge, reflecting usage above the limit at the prevailing charge rate as stated on the Site. It is the Client’s responsibility to monitor the services being used by the Client from time to time. All prices quoted to the Client for the provision of services by SaleTrack are exclusive of any value added tax for which the Client may be additionally liable at the applicable rate. Where the Services are purchased with a monthly payment plan comprising a set up fee, this fee is payable immediately. SaleTrack Parcel Service charges are based on monthly usage. In the event that the client usage varies from their current tariff the appropriate usage tariff shall apply for the following and subsequent months.
The Initial Payment and subsequent Monthly Payments shall be paid by Credit/Debit card by the Client on the Payment Due Date. The Client shall be responsible for any and all expenses incurred by SaleTrack in recovering overdue amounts. Interest will be charged on overdue invoices in accordance with the Late Payment (Interest) Act 1998. Failure to settle all amounts by the due date may result in withholding of further Services and/or suspension of existing Services.
The minimum period for the provision of the Services is one month from the date on which they are first made available to the Client (the "Initial Term") and shall continue thereafter for further periods of one month (each being a "Renewed Term") unless and until the Client serves written notice to SaleTrack one month prior to the expiry of the Initial Term or a Renewed Term, such notice to expire at the end of such Initial or Renewed Term. In the event of termination the client must remove all SaleTrack services including code from their site to terminate the contract with SaleTrack, failure to do so will result in continuation of the Contract and use of the Service. SaleTrack reserves the right to terminate the agreement at any time without notice.
The Client agrees to fully indemnify and keep SaleTrack, its affiliates, officers, partners, employees and agents fully indemnified from and against all actions, demands, costs (on a fully indemnity basis), losses, penalties, damages, liability, claims and expenses (including but not limited to legal fees) whatsoever arising from the client’s breach of the contract, use or misuse of the services, any claims by third parties as to ownership or other rights arising in any way by the Client infringing third party rights (including without limit intellectual property rights).
Nothing in the Contract or these Conditions shall exclude or limit the liability of SaleTrack for death or personal injury resulting from its negligence or fraudulent misrepresentation nor affect the statutory rights of consumers. No representations or warranties of any kind are made with respect to the Services, the Site or its contents including warranties of merchantability and fitness for a particular purpose. SaleTrack does not represent or warrant that: (i) the Services will meet the Client’s requirements; (ii) the Services will be uninterrupted, timely, secure, or error-free; (iii) any results obtained from using the Services will be accurate, complete or current.
All confidential information of either party or of any of its customers disclosed to or discovered by the other as a result of the provision of the Services shall be regarded as disclosed in confidence and shall only be used in connection with the performance of its obligations under the Contract and not be passed on to third party and/or in any way be made use of at any time either during or after the termination of the Contract. The Client shall promptly notify SaleTrack if it becomes aware of a breach of confidence in relation to the Services and/or the Contract and shall give SaleTrack all reasonable assistance in connection with any proceedings SaleTrack may institute against a third party at SaleTrack’s expense.
If the client requires SaleTrack to assist in implementation of the system into the client's website, the client allows SaleTrack to do this at the clients own risk. Neither SaleTrack nor any of it's employees shall be responsible for any loss of data or revenue or damage to the client's site, or any other consequential damage. It is the client's responsibility to ensure that the SaleTrack implementation has had no adverse effects on the operation of the client's site. It is also the clients responsibility to ensure the code is implemented correctly into the client's site and that it remains in working order, regardless whether SaleTrack assisted implementation or not. Failure to do so may result in incorrect reporting to your SaleTrack account. Incorrect implementation and failed reporting has no relevance to the status of your SaleTrack account and does not warrant refunds.
Any failure or delay by either party in exercising any rights or remedy will not constitute a waiver. Any notice or other communication to be given by a party under this Agreement must be in writing and must be given by delivery at or sending by first class post or by email or facsimile transmission to the last known postal, email address or relevant telecommunications number of the other party. Notices shall be deemed to have been received when in the ordinary course of the means of transmission it would be received by the addressee. To prove the giving of a notice it shall be sufficient to show it was dispatched. A notice shall have been effect from the sooner of its actual or deemed receipt by the addressee. The client’s use of this Site and the Contract will be governed by English Law. The Client shall not share, re-sell or attempt to share or re-sell the Services, transfer or attempt to transfer this Contract or permit any third party to use and/or access any of the Services for any purpose, without prior consent of SaleTrack.