These Terms & Conditions constitute a legal agreement between you and ProfitOptimiser Enterprises Ltd. You must accept without modification all of the terms, conditions, and notices contained in these Terms & Conditions in order to access and use the services ProfitOptimiser Enterprises Ltd provide. If you do not accept these Terms & Conditions in their entirety, you may not access or use the services provided by ProfitOptimiser Enterprises Ltd.

ProfitOptimiser Enterprises Ltd provides internet services, ProfitOptimiser Enterprises Ltd reserves the right to suspend or cancel any customer's access to any or all services provided by them if it is found that the account has been inappropriately used or otherwise.

These are the terms and conditions for use of the Internet services provided by ProfitOptimiser Enterprises Ltd. Purchasing services from ProfitOptimiser Enterprises Ltd , you (The Client ) agree to abide by these terms and conditions. We ProfitOptimiser Enterprises Ltd reserve the right to change this agreement at any time without notice.

ProfitOptimiser Enterprises Ltd may wish to update or change the terms, conditions and notices for the service provided from time to time to reflect changes in the service, changes in the laws affecting the Services, or for other good reasons. ProfitOptimiser Enterprises Ltd reserves the right to make these changes and that you are responsible for regularly reviewing these terms, conditions and notices. Continued access to or use of the Services after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the System shall be subject to the Terms & Conditions, as modified from time to time.

To enable us to continuously improve the services for you and other customers. If you forward to us any suggestions, ProfitOptimiser Enterprises Ltd have full rights to use your suggestions without any encumbrances.

ProfitOptimiser Enterprises Ltd include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction ProfitOptimiser Enterprises Ltd also reserves the right not to use any materials you may provide.

ProfitOptimiser Enterprises Ltd accounts are to be used by the primary owner only, account holders are not permitted to resell, store or give away the services of their account to any other parties.

1. Unless indicated otherwise on the relevant Order form, the Client hereby agrees to allow ProfitOptimiser to collect and process data and information regarding the Client’s use of the Service.

2. Subject to and in accordance with relevant data protection legislation, the Client hereby consents to allow ProfitOptimiser to collect data regarding use of the Services and to provide such data to any governmental or regulatory body for the purpose of any of ProfitOptimiser compliance with any applicable laws and regulations.

3. Each party shall for the duration of any Agreement governed by these Terms and Conditions comply with the provisions of the Data Protection Act 1998, (including the data protection principles set out in that Act) and any similar or analogous laws, regulatory requirements or codes of practice governing the use, storage or transmission of personal data and shall not permit anything to be done which might cause or otherwise result in a breach by either party of the same.

4. ProfitOptimiser Enterprises Ltd reserve the right to communicate with the Client regularly via, but not limited to, electronic means.

5. ProfitOptimiser Enterprises Ltd has the right to deny Customer Support to the Client if the Client fails to demonstrate to the representative ProfitOptimiser Enterprises Ltd upon receipt of a phone call or e-mail by ProfitOptimiser Enterprises Ltd that they are the Client and therefore authorised to request that changes be made on the account. The Client acknowledges that it may not always be possible for ProfitOptimiser Enterprises Ltd to guarantee that breaches will not occur and therefore agrees to cooperate with ProfitOptimiser Enterprises Ltd staff in its requests for Client authentication.

ProfitOptimiser Enterprises Ltd use a third party service to back up all Client data ( Rackspace ) this ensures that data is backed up regularly and saved at several sources thereby minimizing any risk to loss of data, however ProfitOptimiser Enterprises Ltd cannot be liable for any loss of data which may adversely affect your business this includes any consequential loss of business through loss of data. ProfitOptimiser Enterprises Ltd has the right to delete all data, files, or other information that is stored on ProfitOptimiser Enterprises Ltd third party servers upon termination of services, or cancellation of account due to non-payment or breaking of any of these terms by the Client.

ProfitOptimiser Enterprises Ltd makes every effort to ensure the services we provide are both secure and robust, we make no claims about this security. If someone gains unauthorized access to your account they may/may not have access to customer details such as payment information, this is your responsibility. Passwords for your system as with any passwords for banking etc should be held confidentially, ProfitOptimiser Enterprises Ltd cannot be held responsible for breaches of your own security.

Subscribers will indemnify and hold ProfitOptimiser Enterprises Ltd harmless (including officers, employees, agents, and shareholders) of any and all claims, costs, expenses or liability resulting from any damage to Subscriber’s business, service, equipment, network, operations, or reputation resulting from ProfitOptimiser Enterprises Ltd actions. Indemnification includes, but is not limited to, any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.

ProfitOptimiser Enterprises Ltd reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of one year from the purchase of your account except where additional modules are purchased also reserving the right to add charges such as tax which can change which is outside of the control of ProfitOptimiser Enterprises Ltd

In the event of non payment of one month ProfitOptimiser Enterprises Ltd reserves the right to suspend services until the outstanding debt is cleared. The Client is responsible for all money owed on the account from the time it was established to the time that the Client sends a cancellation request; the Client can request cancellation of their account and will be billed up to the first day of the following month.

All Charges are exclusive of VAT and any other applicable purchase tax, import, and all other duties. Any failure by the Client to pay any fees due under these Terms and Conditions on the date specified shall be deemed to be a "material breach" of these Terms and Conditions.

Should you wish to cancel your account with ProfitOptimiser Enterprises Ltd you must write to us 7 days before your next billing date. Or contact our team by telephone. On requesting a cancellation we will reply with confirmation that your cancellation request has been actioned.

Customer agrees that it shall defend, indemnify, save and hold ProfitOptimiser Enterprises Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against ProfitOptimiser Enterprises Ltd, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. The Client agrees to defend, indemnify and hold harmless ProfitOptimiser Enterprises Ltd against liabilities arising out of:

1. any injury to person or property caused by any products sold or otherwise distributed in connection with ProfitOptimiser Enterprises Ltd services.

2. any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.

3. copyright infringement.

Neither party shall be deemed in default of this Agreement or the Client Order to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, or any other cause beyond the reasonable control of such party; provided, that the party whose performance is affected by any such event gives the other party written notice thereof within ten (10) business days of such event or occurrence.

ProfitOptimiser Enterprises Ltd will not be responsible for any damages your business may suffer, ProfitOptimiser Enterprises Ltd makes no warranties of any kind, expressed or implied for any and all the services we provide.

ProfitOptimiser Enterprises Ltd disclaims any warrantor merchantability or fitness for a particular purpose. The includes loss of data resulting from any and all service interruptions caused by ProfitOptimiser Enterprises Ltd and its employees.

ProfitOptimiser Enterprises Ltd own the IPR relating to the Website and Management performance system tools which include Patents, trademarks , service marks, Logos database rights, copyright, design rights ( whether register able or otherwise) the use of the web site and or any of the system tools at no stage implies that any IPR will transfer to the user