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Terms & Conditions
Saas Terms and Conditions of Use
for
Pinpoint Works Ltd
Updated 16th November 2023
The information outlined in this document contains information on our general terms and conditions for using our software and accessing our marketing website. Click here for our Privacy Policy and here for our software's Cookie Policy.
1. This Service
The Pinpoint Works (Service) is provided by Pinpoint Works Ltd (us, we) to you. Your use of this Service and any additional services introduced by us and contained within constitutes acceptance by you of these Terms & Conditions.
2. Eligibility
You must be a minimum age of 18 to register on and use the Service. By registering and using the Service you warrant that you are 18 or older and understand your obligations under these Terms & Conditions.
3. Registration and Account Integrity
3.1 As part of the registration process you will need to create an account, including a username and password. 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 and 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.
3.2 For Quay Crew, its representatives and any clients registering for the Pinpoint Works services through Quay Crew, please see Addendum 1, Amendment 1 for additional stipulations. If you do not have access to Addendum 1, please contact your Quay Crew representative directly.
3.3 Where we provide an organisation with a number of user licenses for the Service these must be adhered to. User licenses can be transferred under our consent, and therefore, we must be notified of any change in users as pertains to specific user licenses. A breach of this clause will result in termination of the abused accounts and/or all accounts provided to the organisation or invoice for the additional user backdated to the account in question's original subscription date.
3.4 We do not keep client passwords on file and therefore cannot reset these passwords on behalf of clients. This must be done using the password reset link on the login page of the web app or in the User Settings section for the individual user.
3.5 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 and password or other details unless they are needed to resolve technical issues.
4. Pricing, Plans and Features
4.1 Pricing plans are dependent on the Type and Size of the project you would like to manage, and are therefore pricing is calculated on an individual basis. Pricing can be found on the Pinpoint Works website and will by clarified by a Pinpoint Works member of staff by email if you have questions.
4.2 We reserve the right to change pricing, plans and the features offered at any time and without notice to you.
5. Payment and Credit Control
5.1 All services are billed annually in advance via credit card payment which is due within 7 days of receipt of invoice. Only under special circumstances will bank transfers be accepted.
5.2 If you upgrade from a free or trial account you will be charged for the necessary full account or accounts via invoice from a Pinpoint Works representative on the date your trial expires. Your annual payment will be due on or before the anniversary of this date each year onward.
5.3 Where the Service has been paid for 12 months in advance, payment will be expected on each anniversary. A Pinpoint Works representative will be in contact with you 2-4 weeks in advance regarding your expiring account and appropriate methods of payment.
5.4 Where a credit or debit card payment request is made by us and is declined by your card company or bank (for whatever reason) access to your account or accounts may be suspended immediately until such time as a valid payment has been processed and a valid credit or debit card is associated with your account or accounts.
5.5 If payment is not made within 30 days, the account will be restricted and any users on the sites will be changed to Guest users until payment is made.
6. Cancellation
6.1 You many cancel your account or accounts at any time.
6.2 Cancellation should be done using the facility provided within the Service. If this facility is not offered, cancellation may be made by the following means of communication: phone call from the Admin user or Billing Department associated with the account to a Pinpoint Works representative. If you do not have the phone number for a Pinpoint Works representative, email info@pinpointworks.com and a representative will contact you.
6.3 Cancellation by any other means, including (but not limited to) fax, text, instant message, is not valid.
6.4 For annual accounts no refunds will be offered for the complete remaining months of the service not used.
6.5 If a subscription is not renewed:
a. Data will be kept for a minimum of 2 years during which time one user can retain free Guest access to the sites on the account. Guest user access may change during this period. The request to change a Guest user's email must be done in writing to a Pinpoint Works representative.
b. After the 2 year period, if the Guest user wants to retain access, they can continue with free access to the account.
c. If the Guest user no longer wants access to the data, the account will be deleted at our discretion. Data will not be deleted before this time unless strictly requested by the client. The request to delete data must be made in writing to a Pinpoint Works representative.
d. If data is deleted it cannot be recovered. If data has not been deleted, an account may be restarted at any time.
7. Upgrading or Downgrading Accounts
7.1 Users have the ability to upgrade or downgrade their accounts and the services offered at any time if this is a service provided through your type of subscription.
7.2 Where an account is downgraded the applicable user will be responsible for all the data within the account and any loss of data caused by the downgrading and removal of any service within the account connected to the downgrade.
7.3 Users should backup and download their data prior to requesting a downgrade in service.
7.4 Where an account is upgraded the new higher monthly or annual charge will be automatically applied on the next usual date of the monthly or annual charge.
7.5 In the case of annual accounts no refund will be offered for complete remaining months of the service where the user downgrades the account.
7.6 Where an annual account is upgraded the increased charge will be applied immediately to the account for the additional amount due until the anniversary date.
8. Trial and Offer Periods
8.1 Trial or offer periods are offered at our sole discretion and are subject to withdrawal at any time and without notice.
8.2 These Terms and Conditions apply to all trial or offer period accounts.
9. Technical Support
9.1 Technical support is provided via email and such other means as we decide in order to provide a proper service to users.
9.2 We reserve the right not to provide a full technical support service to free or trial account users.
10. Specific Service Rules
10.1 As a user you agree not to do any of the following:
1. Abuse, harass, threaten, stalk, defame or in anyway seek to violate the rights of another user or third party.
2. Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
3. Use or harvest data provided by other users in a way that they would object to.
4. Encourage illegal activity or activity that violates the rights of other Service users or third parties, whether individuals or organisations.
5. Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.
6. To pose as another user, third party or organisation employee for the purposes of obtaining user or third party information.
7. To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
8. Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and users.
9. Reframe or repurpose the Service or any content on it, remove, obscure or block any notices (and advertising as applicable) provided by us on the Service.
10. Load or provide access to content on the Service or link to other content from the Service, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law.
11. Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.
12. Use any robot, spider, scraper or other technical means to access the Service or any content on the Service.
10.2 If you breach these Terms & Conditions by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and to the Service. Such harm is difficult to quantify and as such you agree to pay us the sum of £50 for each and every individual email or other communication sent to a user or third party.
10.3 The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) any content and suspend or terminate (with or without notice) the account of any user who in our sole judgement is in breach of these Terms and Conditions.
11. Content Ownership
11.1 As a user, the user being the individual or company that pays for the subscription, you retain all ownership rights to content provided by you.
11.2 For Quay Crew, its representatives and any clients registering for the Pinpoint Works services through Quay Crew, please see Addendum 1, Amendment 2 for additional stipulations. If you do not have access to Addendum 1, please contact your Quay Crew representative directly.
11.3 You warrant that any content provided by you does not belong to a third party whose rights have been violated by the content being posted on to the Service. Furthermore if any content is owned by a third party you agree to pay all royalties, fines and settlements owed to that party, without seeking any contribution from us.
12. Copyrighted Material
12.1 We do not condone or encourage in any way the posting of copyrighted or proprietary content or information by any users who are not the legal owners of such content.
12.2 Where notified of such breaches by the owner of such content we will remove the content from the Service as soon as practicable. But only where we can reasonably ascertain the true owner of such content.
12.3 If as the owner of such content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.
13. Content Monitoring
Users can freely add content to the Service. We do not monitor or assume any responsibility for content posted onto the Service. If at any time we decide to monitor the Service on any occasion it does not mean that we assume responsibility for removing any content or the conduct of any users at the time or in the future.
14. Termination
14.1 We may terminate your user account and all content and materials associated with it at any time where these Terms & Conditions have been breached. Such termination can be with or without notice. As a user, you can choose to terminate your account at any time (subject to any payment plan entered into) and are free to remove any content you have created on termination.
14.2 For Quay Crew, its representatives and any clients registering for the Pinpoint Works services through Quay Crew, please see Addendum 1, Amendment 3 for additional stipulations. If you do not have access to Addendum 1, please contact your Quay Crew representative directly.
14.3 Various clauses within these Terms & Conditions are designed to survive and continue after termination, including (but not limited to) clauses 11 and 18.
15. Access and Backups
15.1 We take all reasonable steps to ensure that the Service is available and functioning fully at all times. However, in the event the Service is unavailable or functioning incorrectly, either wholly or partly, we shall offer (where possible) the opportunity of repeat performance of the Service – where appropriate and practical. Where this is not possible we will offer full or part-refunds subject to clause 17.3 below.
15.2 Refunds will not be offered where a third-party provider who supplies a service to you, rather than us causes the issue.
15.3 We maintain periodic backups of all content and data entered onto the service for 3 years. These backups are stored on a separate location to the live data and are created based on the following intervals:
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Backups taken and stored every 8 hours for the previous month.
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Backups taken and stored every week, for the previous year.
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Backups taken and stored every month, for years 1 to 3.
15.4 If you would like additional backups, we recommend that you regularly export data via .csv or .pdf from the Service.
16. Disclaimer
16.1 We are not responsible for the accuracy of any content on the Service, (except where such Content is provided by us) nor any advertisements placed on the Service.
16.2 We are not responsible for any links to third party websites from the Service and the inclusion of any link does not imply an endorsement of a third party website or service by us.
17. Limitation of Liability
17.1 We shall be not be liable to you in contract, tort, or otherwise (including negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for any loss of business, contracts, profits, damage to goodwill or anticipated savings or for any indirect or consequential or loss whatsoever.
17.2 Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their servants, agents or employees.
17.3 In any event our liability and that of our employees, officers and third party partners shall be limited in any 12 month period to the total Service fees incurred by you in relation to the matter subject to the liability or to a payment of £100, whichever is the greater sum.
18. Indemnity
You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third party arising from your breach of these Terms & Conditions whilst using the Service or any other service provided by us.
19. Privacy
Use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms & Conditions. Our privacy policy can be found at https://www.pinpointworks.com/privacy-policy .
20. Cookies
Use of cookies on our marketing website may be found in section 8 of our Privacy Policy.
The use of cookies on our software may be found on our Cookies Policy.
21. Severability
The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
22. Waiver
Failure by us to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
23. Entire Terms & Conditions
These Terms & Conditions set out the entire agreement and understanding between you and us. We reserve the right to change these Terms & Conditions at any time, on giving reasonable prior notice to you where major changes or amendments are made.
24. The Consumer Rights Act 2015
These Terms & Conditions are specifically written in accordance with the Consumer Rights Act 2015. Should these Terms & Conditions conflict with the Act, the Consumer Rights Act 2015 shall prevail and apply where you use the Service strictly as a consumer only.
25. Jurisdiction
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts. Where applicable your statutory rights are unaffected.