Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and BAYPM Limited, the owner and operator of this Website. Throughout the site, the terms “BAYPM”, “we”, “us” and “our” refer to BAYPM Limited. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by BAYPM and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to BAYPM and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual property and acceptable use

1. All Content included on the Website, unless uploaded by Users, is the property of BAYPM, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.

2. You may, for your own personal, non-commercial use only, do the following:
a. retrieve, display and view the Content on a computer screen
b. print one copy of the Content

3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of BAYPM.

4. You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.

5. You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify BAYPM for all claims resulting from Content you supply.

Prohibited use

6. You may not use the Website for any of the following purposes:
a. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Registration

7. You must ensure that the details provided by you on registration or at any time are correct and complete.

8. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.

9. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.

10. By registering to use eContractHub service, you agree to eContractHub using your personal data to contact you about your eContractHub account and using your information for direct marketing purposes.

11. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.

Links to other websites

12. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of BAYPM or that of our affiliates.

13. We assume no responsibility for the content of such Website and disclaim liability for any and all forms of loss or damage arising out of the use of them.

14. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Availability of the Website and disclaimers

15. Any online facilities, tools, services or information that BAYPM makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. BAYPM is under no obligation to update information on the Website.

16. Whilst BAYPM uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

17. BAYPM accepts no liability for any disruption or non-availability of the Website.

18. BAYPM reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Monitoring & Security

19. For Your protection, we reserve the right to view, monitor, and record activity on the Site and Service without notice or further permission from You, to the fullest extent permitted by applicable law and only in accordance with these Terms and our Privacy Policy. This right extends to our review of tracking activity and details pertaining to claimed violations by users. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Site and Service. Actual or attempted unauthorized use of any of the Site and Service may result in criminal and/or civil prosecution.

Errors, Inaccuracies and Omissions

20. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

21. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Termination

22. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

23. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

24. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

25.  In the event of termination, you will not be allowed to access to our Service. We are entitled to delete your account as eContractHub User and terminate your access to our Service without further notice. Your User data will no longer be available to you through the Site or our Service, however, prior to the termination date, you may download and retain files, reports and other data you have provided or uploaded.

26. Upon termination of this agreement, if instructed by you as the User, we will delete your data immediately. Otherwise, BAYPM will store the User data for a period of 30 days starting from the termination date.

27. If at the time of termination of the agreement, you have as any unpaid invoices, we are entitled to delete the data without any further notice. BAYPM will not be liable to you for any deletion of data under such conditions.

28. Within no more than 30 days following the termination date, upon your request and provided that you have paid or promptly pay all outstanding amounts and undisputed fees, we will provide you with a copy of your Data in a format chosen by BAYPM. The fee (if any) arising under your special request of data format, shall be mutually agreed upon by BAYPM and you. Accordingly, you will reimburse us for any necessary cost. You will be invoiced and are liable to pay this fee prior to the extract of the data.

Fees

29. You agree to pay the non-refundable fees for the Service as quoted in the ordering process (“Fees”), for the term of your subscription and any for any subscription renewal term. Fees shall be due and payable according to the billing frequency stated at sign-up. Fees are non-refundable even if you terminate your subscription early. Fees may be increased upon renewal of your subscription based upon our then-current fees.

Additional Data and User Accounts

30. You may add additional data to your Service, or additional users at an additional cost, payable within thirty (30) days of the date of invoice by BAYPM or collected electronically at the time such additional data or users were added. Fees are non-refundable even if you terminate your subscription early.

Late Payments

31. Failure to pay any fees or charges when due may result in suspension or termination of your Service. If BAYPM engages a collections agency or attorney to collect the fees and charges, you agree to pay all costs incurred by BAYPM in connection with the collection of such past due amounts, including, without limitation, reasonable attorneys’ and collections agencies’ fees.

Taxes

32. You are responsible for all sales tax, use tax, value added taxes, withholding taxes and any other similar taxes and charge of any kind imposed by federal, state or local governmental entity on the transactions contemplated by the Agreement. When we have the legal obligation to pay or collect taxes for which you are responsible pursuant to this section, we will invoice you and you agree to pay such amount unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority.

Limitation of liability

33. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

34. To the extent that the Website and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.

35. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

36. To the maximum extent permitted by law, BAYPM accepts no liability for any of the following:
a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
b. loss or corruption of any data, database or software;
c. any special, indirect or consequential loss or damage.

General

37. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

38. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

39. These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

40. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.

41. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

42. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

43. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

BAYPM Details

44. BAYPM is a company incorporated in England and Wales with registered number 10715884 whose registered address is 112 Morden Road, London, Merton, SW19 3BP and it operates the Website www.econtracthub.com.

You can contact BAYPM by email on [email protected]

This document was last modified on 03 May 2018