Clear Invoices: Terms of use


1. TERMS OF USE


This page tells you the terms on which you may use our website www.clearinvoices.com (our site) and the time-tracking and invoicing services made available on our site (services), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. Our site is a site operated by EGS Group Ltd trading as Clear Invoices (called we, us or our in these terms).


2. ACCESSING OUR SITE


You understand that the site and services are in beta testing mode and, accordingly:



If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. We have the right to disable any user identification code or password, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.


We reserve the right to terminate your right to use our site and/or our services at any time.


3. INTELLECTUAL PROPERTY RIGHTS


We are the owner or the licensee of all intellectual property rights in our site and services, and in the material published on, or in relation to, them. These works are protected by copyright laws and various intellectual property treaties around the world. All such rights are reserved. We hereby grant you a licence to use our site and the services but we may terminate this licence at any time.


4. CHANGES TO OUR SITE AND/OR SERVICES


We aim to update our site regularly and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely.


Please note a 'beta' version is a pre-release version, and not the final version, of the site and services and we do not guarantee that the site or services will be error-free. Through beta testing, we evaluate how the service and site performs in a 'real' world environment and we collect valuable feedback from our customers.


5. CONFIDENTIAL INFORMATION AND DATA PROTECTION


During, or as a consequence of, your use of the site and/or services, you may obtain or develop information relating to the site and/or the services and/or Clear Invoicing and EGS Group Ltd, including, but not limited to products, websites, technology, algorithms, schematics, testing procedures, user interface, documentation, problem reports, analysis and performance information, inventions (whether patentable or not), and other technical, business, product, marketing, financial and customer information, plans and data ("Confidential Information").


You agree not to use or disclose any Confidential Information unless such Confidential Information becomes part of the public domain without breach of these terms by you.


Clear Invoices and (EGS Group Ltd) is the data controller for the purpose of the Data Protection Act 1998 ('the Act'). By using our site and our services, you consent to us processing your personal data (including sensitive personal data).


The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us. By submitting personal data, you agree to all reasonable transferring, storing and/or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with these terms.


The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of 10 to meet our costs in providing you with details of the information we hold about you.


6. CHARGES FOR USE OF OUR SITE AND/OR SERVICES


We do not intend to charge for the use of our site and/or services whilst our site is in its beta testing phase. Should we choose in future to introduce charges for use of our site and/or the service we will not do so unless and until we have informed you in writing beforehand (whether by mail, site user notification, site posting, email or personal message) of our intention to charge and the date upon which such charges shall become effective.


You understand and acknowledge that different terms and conditions will apply to your use of the site and/or services with effect from the date on which charges apply. We reserve the right to terminate your use of our site and/or services at the end of the beta testing phase.


7. UPLOADING MATERIAL TO OUR SITE


We will take reasonable precautions to keep confidential all data or information which you upload to our site.


If (i) your use of the site and/or services is terminated for any reason or (ii) you tell use that you do not wish to subscribe to our site and/or services upon charges being introduced or (iii) you do not use the site and/or services for a period of [6] months or more, we shall be entitled to restrict your access to and/or delete all data and information which you have uploaded to the site, and/or cancel your account. It is therefore HIGHLY recommended that you ensure you have adequate backup, recovery and retrieval procedures in place in respect of any data uploaded to our site.


We reserve the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.


We will not be responsible, or liable to you or to any third party, for the content or accuracy of any data or materials posted to our site by you or any other user of our site.


8. VIRUSES, HACKING AND OTHER OFFENCES


You must not misuse our site by knowingly introducing viruses, trojans, worms or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.


We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it, unless caused by our negligence.


9. OUR LIABILITY

We are not making any charge for the use of the site and services, and accordingly our site and services are provided without any guarantees, conditions or warranties whatsoever (whether as to their quality, fitness for purpose, stability or otherwise),. To the extent permitted by law, we hereby expressly exclude:



Nothing in this clause shall affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.


10. INDEMNITY


You shall defend, indemnify and hold us (and EGS Group Ltd) harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of our site and/or the services, provided that:


(a)you are given prompt notice of any such claim;


(b)we provide reasonable co-operation to you in the defence and settlement of such claim, at your expense; and


(c)you are given sole authority to defend or settle the claim.


11. JURISDICTION AND APPLICABLE LAW


The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.


These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.


12. VARIATIONS


We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.


13. YOUR CONCERNS


If you have any concerns about material which appears on our site, please contact info@clearinvoices.com.


Thank you for visiting and using our site.