Fields Click and Protect™

Please read these terms and conditions carefully, as they contain important information about your rights and obligations.

This service (the "Service(s)") is owned and provided by Fields Click & Protect™  Limited, a company registered in England and Wales, whose head office is at Fields House, Old Fields Road, Bocam Park, Pencoed, Bridgend, CF35 5LJ ("Fields Click & Protect™ " and "us" and "our").

By using any of the Services offered, or by accepting our terms and conditions of service (the ("Terms"), or by clicking the registration tick box when you open an account, you are agreeing to be bound by these Terms, as modified from time to time.

Without prejudice to the above, by using or accessing our website, you agree to be legally bound by these Terms as they apply to your use of or access to our website.

If you do not wish to be bound by these Terms then you may not use our website.

Eligibility

As allowed by international laws, you are ineligible to open an account and/or use any of the Services if you:

• have any convictions for any Internet or computer or related crimes within the last five years;
• are a competitor of Fields Click & Protect™  ;
• are overdue on payment of any monies to Fields Click & Protect™  ;
• are in a country whose laws or regulations prohibit use of the Services; or
• are in a country that does not consider computer crimes in any form illegal.

Your identity

You agree to give us up-to-date and completely accurate information regarding your identity in any electronic or paper-based registration documentation, payment forms or further correspondence in any form. You agree that you will not misrepresent your connection or authority with any person, company or other entity, nor will you impersonate your authority to act on behalf of any person, company or entity. You also agree to co-operate with Fields Click & Protect™   and to use all reasonable endeavours to confirm your identity in connection with your use of the Services.

You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the Services which are available through our website by us or our sub-contractors. If you would like to review or change the information you have provided to us you should email us at support@fieldsclickandprotect.co.uk. For more information about how we deal with your personal information, please read our privacy policy.

Your authority

By subscribing to the Services, you certify that you are authorised to act on behalf of the owner or licensee of, or are the authorised representative of an individual, company or other legal entity having contractual usage rights granted by an ISP or Web Host owning or licensed to use, any and all Internet Protocol addresses (the "IPs") and the associated computer hardware, network, storage, input/output, or electronic control devices, or software installed on such machines (the "Machines") to which you direct the Services to be performed. You agree to co-operate with Fields Click & Protect™   in their reasonable endeavours to confirm your authority in connection with your use of the Services.

Misuse of the Services

You agree never to:

• direct or use the Services at any IPs that you do not have the authority to do so; and
• use the Services for any activity considered a computer crime under international law.

Your conduct

You agree to use the Services responsibly and adhere to international laws. You agree never to use or publicise the Services in any way that may bring disrepute to Fields Click & Protect™  , its sub-contactors or its associates.

We have used our endeavours to ensure that our website complies with UK law. However, we make no representations that the materials on our web site are appropriate or available for use in locations outside the United Kingdom.

Fields Click & Protect™   makes no warranties, express or implied that providing the Services available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if providing the Services or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Services are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to use the Services. Fields Click & Protect™   accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the use or attempted use of the Services by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.

Copyright and intellectual property

All Services and content provided by Fields Click & Protect™   are protected under international copyright laws. You agree that you will not distribute or reproduce any part of the content of the Services either commercially or otherwise. You may, unless otherwise stated, copy, download and print Fields Click & Protect™   documentation for personal, private uses only. You agree that you will not modify, deface, publish, post, distribute or remove copyright, trademark or intellectual property notices for any reason by any means or in any manner.

Disclosure - "Confidential Information"

By contacting, opening an account with, and/or using the Services provided by Fields Click & Protect™   you will be exposed to some confidential information including, but not limited to, methods, trade secrets, product features, new releases, product upgrades and marketing information proprietary to Fields Click & Protect™   (the “Confidential Information”). You agree not to disclose this information to third parties and to take every reasonable measure to ensure the Confidential Information remains secure.

Account security

You agree to maintain your account information, including, but not limited to, your log in information and passwords in a secure manner. You agree not to reveal your log in details to any third party. You must notify Fields Click & Protect™   immediately of any unauthorised use of your account information or any other breach of security regarding our website that comes to your attention.

Support of the Services

Fields Click & Protect™   provide online support through the Service's support area. You agree that you use the Services at your own risk, and that Fields Click & Protect™  , its sub-contractors and its associates cannot be held responsible for your use of the Services.

Website certificates

You agree only to display the Fields Click & Protect™   website certificates on websites actively being tested by the Service using the HTML code provided by Fields Click & Protect™  . You agree that Fields Click & Protect™   will maintain full control over the types, content and appearance of the certificates and HTML, and that they shall reside on Fields Click & Protect™   servers only. You agree that websites that do not pass the Services criteria will display blank certificates that link directly to Fields Click & Protect™   and that you have 48 hours in which to remedy any vulnerabilities and/or exposures found by the Services before the certificate is fully disabled.

Payments and refunds

Payments for the Services are non-refundable. This does not affect your statutory rights.

The price for the Services is the price in force at the date and time you open an account with Fields Click & Protect™  . We may change the price for the Services from time to time. We will notify you of any such changes. We try to ensure that our prices displayed on our website are accurate.

Automatic monthly renewal of Services

Monthly renewable Services can be modified, changed or cancelled at any time. If you downgrade or cancel your subscription for the Services, you will lose all Services not used in your monthly payment period. Monthly ScanPlan Services not used in your monthly payment period will be carried over for a period of three months. All carried over monthly ScanPlan Services not used by then will be lost. Service payments for monthly ScanPlans will automatically renew one calendar month from the date of inception and will continue unless cancelled or modified by you.

Default

You are in default of these Terms if you fail to pay any amount owed to Fields Click & Protect™   when due, subject to a 10 day period of grace, or you fail to comply with these Terms. Unless otherwise stated, charges for the Services are due in advance and subject to payment and service delivery terms found in your invoice(s). If you are in default, Fields Click & Protect™   may take any or all of the following actions to remedy the default and protect its interests: (a) declare all unpaid monies immediately due and payable; (b) terminate the Services; (c) terminate these Terms; and (d) take any other lawful action Fields Click & Protect™   may deem appropriate to enforce your obligations under these Terms. You agree to pay costs and reasonable legal fees Fields Click & Protect™   may incur enforcing it's rights under these Terms.

Tax liabilities

You agree that you are responsible for any tax liabilities you may incur in the use of the Services.

Indemnity

You agree to indemnify and keep indemnified, hold harmless, and defend Fields Click & Protect™  , its officers, directors, employers, agents, suppliers, licensors, and third party information providers, or other related parties from and against all claims, losses, damages, costs, and legal fees ("Claims") resulting from breach of these Terms or any action, whether intentional, malicious, inadvertent, wrongful or negligent, related to your account, your use of the Services or any other person or persons who use your user account. Fields Click & Protect™   shall NOT be required to indemnify you against such Claims made against you by others as a result of your use of the Services. We do our best to ensure that all materials and information published on our website are accurate, but please note that the Services are provided on an "As Is, As Available" basis without any warranties, conditions or any express or implied terms whatsoever of any kind. You understand that assessing computer security is highly complex and changeable. Fields Click & Protect™   makes no warranty or representation that the Services will find every vulnerability in your network or server(s), or that the solutions suggested and advice provided in the report produced as part of the Services will be complete or error free. Fields Click & Protect™   shall be held harmless and free from all liabilities for any use or application of the information provided by Fields Click & Protect™   in connection with using the Services. Additionally, Fields Click & Protect™   makes no warranty or representation that the Services will always be available, that they will be error free, that they are free from viruses or harmful components, or that they will meet your requirements. You use the Services or any related third party services at your own risk. You are solely responsible for any damage to your devices as a result of using the Services. Fields Click & Protect™   MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OR REPRESENTATIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES.

Nothing in these Terms shall affect your statutory rights.

Nothing in these Terms shall affect our liability to you in the event of death or personal injury caused by our negligence or in the event of fraud.

Limitation of liability

You expressly agree that Fields Click & Protect™   shall have no liability or obligation, whether arising from contract, tort, warranty, or otherwise, for any loss of revenue, profit, data, use of money, use of time, or for any incidental, consequential, special, or indirect damages, foreseen, foreseeable, unforeseeable, or otherwise, arising from your use of the Services, to the extent allowed by law. This limitation applies to all claims or causes of action including but not limited to those arising from Service availability, your access and use of third party services, content or Software, or any other matter relating to the Services. You agree that Fields Click & Protect™  's liability for all causes of actions relating to these Terms and any matters relating to our delivery of, or your use of the Services shall not exceed the monies paid to Fields Click & Protect™   in the 12 months preceding the proper service of the cause of action. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or fraud.

You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

The limitations and exclusions in these Terms do not affect your non-excludable statutory rights.

Linked sites

Fields Click & Protect™   make no representations whatsoever about any other websites which you may access through our web site or which may link to our website. When you access any other website you understand that it is independent from Fields Click & Protect™   and that we have no control over the content or availability of that website. In addition, a link to any other site does not mean that Fields Click & Protect™   endorses or accepts any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

Availability of our website

We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device.

Changes to the Services and the Terms

Fields Click & Protect™   reserves the right to modify these Terms from time to time. The modified terms will be posted on this page. You should check here from time to time for updates. You agree that your use of the Services after such a change will be deemed full and adequate acceptance of the modified terms. Fields Click & Protect™   also reserves the right to modify, discontinue or make temporarily unavailable the Services and any aspect of the website, including your access to it and that any new or modified features, unless explicitly stated otherwise, are subject to these Terms, as modified from time to time.

Assignment

We may assign, novate or sub-contract any or all of our rights and obligations under these Terms.

Force majeure

We will not be held liable for any failure to perform any obligation due to causes beyond our reasonable control.

Entire agreement

You acknowledge that these Terms together with the included Privacy Statement constitute the entire agreement between you and Fields Click & Protect™  . You agree that these terms supersede any prior agreements or statements made verbally or in writing.

Severability

You agree that if any term in these Terms is deemed to be invalid, unlawful or unenforceable for any reason, all other terms shall remain in force.

Governing law

These Terms shall be governed by the laws of England & Wales and the parties submit to the exclusive jurisdiction of English and Welsh courts.

Waiver of rights

You agree that the only way to waive rights under these Terms is explicitly and in writing. Any failure to enforce any right under these Terms will not waive that right.

Term and Termination

You agree that these Terms shall remain in effect for as long as you subscribe to, renew, or use the Services. You agree that these Terms can only be terminated by you once you have stopped using the Services and have paid all monies owed to Fields Click & Protect™  . You agree that Fields Click & Protect™   can terminate these Terms at any time for any reason, with or without cause, if it has reason to believe that you are in breach of these Terms in any way, or when the Service is permanently discontinued. Re-subscription shall again be subject to these Terms, as modified from time to time and in effect at the time of re-subscription.