simplepage.com is a trading style of Simon Antony Limited (“Simon Antony Limited” or “us” or “our”).
- Permitted Uses
As a condition of your use of this Site, you agree that:
Your use of the Site will at all times comply with the terms of this agreement;
- Site availability
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control. Simon Antony site access may be interrupted, suspended or terminated.
Simon Antony retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.
The materials on simplepage.com are provided “as is”. as makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, simplepage.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall as or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on simplepage.com, even if as or as an authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials appearing on simplepage.com could include technical, typographical, or photographic errors. simplepage.com does not warrant that any of the materials on its web site are accurate, complete, or current. simplepage.com may make changes to the materials contained on its web site at any time without notice. simplepage.com does not, however, make any commitment to update the materials.
- Websites of others
The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.
- Modifications to this Agreement
- Governing Law
Any claim relating to simplepage.com’s web site shall be governed by the laws of the State of UK without regard to its conflict of law provisions.
SAAS Terms and Conditions
In conjunction with Licensee’s purchase of a Subscription License for Licensed Software provided as a service, Licensee agrees to these additional terms and conditions. Capitalized terms not defined in this document have the same meaning as in the applicable license agreement.
- Software as a Service.
Simplepage.com is Software as a service (“SaaS”) which consists of system administration, system management, and system monitoring activities of the Licensed Software (generally, the “SaaS Offering”). As part of the SaaS Offering, Licensee is entitled to use the Licensed Software and accompanying Support and Maintenance Services in accordance with the Subscription License purchased by Licensee.
- Initial System Configuration
Simplepage.com will configure the initial system as outlined in a statement of work signed by both parties. Additional configuration and training services requested by Licensee will be defined in a separate statement of work.
- Unique Authentication
Access to and use of the Licensed Software is restricted to Licensee’s authorized users only. Licensee shall be responsible for ensuring that all its users maintain the security of any password, username, or other form of authentication involved in obtaining access to the Software. Usernames and passwords must be uniquely assigned to a specific individual and may not be shared by multiple individuals at any one time or transferred. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach. If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username & password or other details.
- Payment and Credit Control
All invoices must be paid on time. Simplepage.com reserve the right to suspend services or a clients website in the event of non-payment. An admin fee shall be charged to release any client websites that have been suspended.
Simplepage.com agrees to provide Licensee with access to the currently published SaaS version of the Licensed Software via the Internet. During any calendar month, the Licensed Software shall be available to Licensee 99.9% of the time via the Internet except for:
- the time during which the Licensed Software is unavailable so that Simplepage.com or the hosting provider can perform maintenance for security and system integrity purposes and provide Upgrades, also known as “Planned Maintenance Downtime”;
- downtime caused by circumstances beyond Simplepage.com’s control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, acts of terror, war, third party strikes and other labour problems, or other events of force majeure;
- general Internet outages, failure of Licensee’s infrastructure or connectivity, computer and telecommunications failures and delays not within Simplepage.com’s control; and
- network intrusions or denial-of-service attacks.
- If the Licensed Software is not available (i.e. Licensee is unable to connect to the Licensed Software), Licensee shall notify Simplepage.com during the period of unavailability in writing and by telephone so that Simplepage.com can confirm and determine the cause of the unavailability. As part of the notification, Licensee shall provide
- Licensee name and contact information,
- beginning time of the outage,
- a description of the characteristics of the outage, and
- the end user location,
- the URL(s) affected,
- the internet service provider used to access the Licensed Software,
- network traceroutes, and
- any attempts made by Licensee to resolve the outage
- Maintenance Downtime
Planned Maintenance Downtime shall generally not exceed two (2) hours per calendar month. However, in the exceptional case that Planned Maintenance Downtime will exceed two (2) hours per calendar month, Simplepage.com shall give Licensee notice by e-mail to the e-mail accounts provided by Licensee. When possible, Planned Maintenance Downtime will be planned for Licensee’s non-core business hours.
- Service Credits
In the event that Simplepage.com fails to maintain the foregoing availability of the Licensed Software during any calendar month of the subscription, Licensee’s sole and exclusive remedy shall be to request a service credit in the following percentages of the prorated monthly fees paid for the SaaS Offering: a) for availability less than 99.9%, but greater than 99.5%, a service credit of 10%; b) for availability less than 99.5%, but greater than 99.0%, a service credit of 25%; or c) for availability less than 99.0%, a service credit of 50%. Service credits may be used only to extend the SaaS Offering and shall be applied to Licensee’s account at the end of the license term. Licensee acknowledges and agrees that the terms of this section relating to service credits constitute a genuine pre-estimate of the loss or damage that Licensee might suffer as a result of any unavailability of the SaaS Offering and are adequate compensation for any loss or damage caused by any unavailability of the SaaS Offering.
- Service Credit Qualification
To qualify for a service credit, Licensee must notify Simplepage.com of the unavailability in accordance with Section 5 and file a claim with Simplepage.com within five (5) business days of the end of the calendar month in which the unavailability occurred. As part of its notification, Licensee shall provide the date and the beginning and end time of each instance of unavailability. Within thirty (30) days of Licensee’s request, Simplepage.com will either deny the request or issue a credit memo acknowledging the credit or extension. Service credit exclusions include, but are not limited to failures caused by the following:
- Factors outside of Simplepage.com’s reasonable control;
- Licensee or third party hardware or software;
- Actions or inaction by Licensee or third parties;
- Licensee’s failure to modify its use of the service after being advised to modify its use of the service;
- Use of beta or trial services; or
- Acts or omissions of Licensee, its employees, agents, or contractors, or anyone gaining access to the services by means of Licensee’s passwords or equipment.
- Intellectual property
We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
- Software Upgrades and Updates
Within ninety (90) days of availability to simplepage.com’s general user base, simplepage.com will target Licensee to be automatically upgraded to the latest version or patch. Upgrades and Updates are provided to Licensee at no additional fee, including all Documentation describing the purpose and function of the Upgrades and Updates. Simplepage.com will coordinate Updates, Upgrades, or any related issues with Licensee and provide a suitable maintenance window for updates and upgrades. Additional fees for professional services may be required. Simplepage.com reserves the right to determine how and when to develop and apply any Upgrades and Updates.
- System Data
Licensee retains all ownership and intellectual property rights in and to its data. Licensee will be reasonable and prudent in the data it uses with the SaaS Offering. Licensee understands that the SaaS Offering is not intended for sensitive information that reveals race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, information about an individual’s health or sex life, Social Security Number, drivers’ license number, or other government-issued identification number, credit or debit card number, or financial account information. Licensee will agree not to use any such data with the SaaS Offering. Licensee is also responsible for distributing access, passwords, logins, and permissions. Licensee will take appropriate security measures to protect its data, both in transit to and from the SaaS Offering as well as at rest.
All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
- Notices shall be deemed to have been duly given:
- when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
- when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
- on the fifth business day following mailing, if mailed by national ordinary mail; or
- on the tenth business day following mailing, if mailed by airmail.
- All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
simplepage.com does not guarantee that the saas offering will be error-free or uninterrupted, or that simplepage.com will correct all errors. Licensee acknowledges that simplepage.com does not control the transfer of data over communications facilities, including the internet, and that the saas offering may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. simplepage.com is not responsible for any delays, delivery failures, or other damage resulting from such problems.
simplepage.com retains all ownership and intellectual property right to the saas offering, licensed software, the support and professional services and the knowledge associated with the support and professional services delivered by simplepage.com, its contractors, or agents. For purposes of performing support and professional services, licensee agrees that simplepage.com may disclose licensee data to simplepage.com related affiliates and their respective owners, officers, directors, employees, contractors, consultants, and agents.