TERMS & CONDITIONS
Welcome to the world of Silverlight Systems (www.silverlightsystems.co.uk).
Silverlight Systems intends to provide high quality Services which includes websites, hybrid software, service management applications and EPOS systems (RMS and ORM). These applications help to control your inventory, accept online registrations/repair tickets, real-time overview of all bookings and their status, flexible payment options and excellent customer communication.
In this Terms and condition policy, we want to explain the "Terms" that govern your use of the Services provided on our applications and which is remotely accessible through our website, and includes all the text, data, information, software, graphics, and more (collectively the "Service"), which are entered by you and by Silverlight Systems and all its affiliates (hereafter referred to as “Silverlight Systems”, or “we” or “us” or “our”) receives or collects. If you are a subscriber or the user of this software, this Terms and condition policy is incorporated by reference into the Silverlight Systems Service Agreement between you (hereafter referred to as “Customers” or “You” or “Yours” or “Users” or “Subscribers”) and Silverlight Systems.
Customers are responsible for complying with all applicable laws and regulations when using our Services through this website and/or the application or accessing any part of the Service. Silverlight Systems reserve the right to make changes to these Terms at any time without prior notice. You agree to check these Terms periodically for changes. Usage of Silverlight Systems Service following the posting of changes to these Terms and conditions will mean that you accept those changes. If at any time you do not accept all these Terms and conditions, you must immediately discontinue accessing or using the Service. Additional Terms presented in conjunction with certain programs or features offered by the Service, and certain areas within these and/or other Services (“additional Terms”), may govern these programs, features or areas. You must agree to those additional Terms before using those programs, features or areas. The additional Terms and this Agreement, taken together, apply to your use of those programs, features or areas. If there is a contradiction between the additional Terms and this Agreement, the additional Terms shall control. You also acknowledge and agree that, unless specifically provided otherwise in these Terms or a separate Agreement between Silverlight Systems and you, Silverlight Systems does not form any employment or agency relationship with you. In all activities undertaken in accordance with to this Term, you agree that you will in all material respects comply with laws and acts, as may be in effect at the time of performance and all valid rules, regulations and orders thereof regulating such activities.
During the Term, Silverlight Systems grants customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use, and to permit its employees and all other users who access and use the Services on customer’s behalf (collectively, the “Users”) to access and use, the Services on the Terms set forth in this Agreement. Customer agrees that all rights, title and interest in and to all the intellectual property rights in the Services, and all modifications, extensions, scripts and other derivative works of the Services provided or developed by us are owned exclusively by Silverlight Systems. All rights not granted to customer in this Agreement are reserved by Silverlight Systems.
You agree to indemnify, defend and hold harmless Silverlightsystems, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms (including negligent or wrongful conduct) by you or any other person accessing the Service.
Customer and any Users shall not (and shall not allow any User or third party to):
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decompile, disassemble, reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming or interoperability interfaces of the Services, by any means whatsoever;
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distribute viruses or other harmful or malicious computer code via or into the Services;
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engage in any conduct that disrupts or impedes a third party’s use and enjoyment of the Services;
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remove any product identification, copyright or other notices from the Services;
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sell, lease, lend, assign, sublicense, grant access or otherwise transfer or disclose the Services in whole or in part, to any third party;
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use the Services for timesharing, Service bureau or hosting purposes or otherwise use, resell, sublicense, distribute or transfer or allow others to use the Services to or for the benefit of third parties;
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modify or incorporate into or with other software or create a derivative work of any part of the Services, unless agreed to in writing by Silverlight Systems;
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use the output or other information generated by the Services for any purpose other than as contemplated by this Agreement;
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use the Services for any use other than Customer’s internal business use;
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use unauthorized modified versions of the Services, including without limitation, for the purpose of building a similar or competitive product or Service or for the purpose of obtaining unauthorized access to the Product; or
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use the Services in any way that is contrary to applicable local, state/provincial, federal, regional and foreign laws, including without limitation those relating to fiscal laws and VAT regulations, as well as privacy, data protection, electronic communications and anti-spam legislation.
Silverlight Systems retains all title to, and except as expressly licensed herein, all rights to the Services, all copies, derivatives and improvements thereof, and all related materials.
Silverlight Systems customers/users/subscribers are expected to pay the annual and/or monthly fees (“Fees”) specified, in accordance with the timing and currency specified in the Agreement. All payments by customer to Silverlight Systems under this Agreement are non-refundable and made via the payment method specified by customer in the Agreement, or as otherwise agreed in writing by the parties. Customer shall undertake any additional actions reasonably requested by Silverlight Systems to implement any automated fee payment process. If payments are not made within five days of account activation or monthly or yearly renewal, your account may be suspended, and data made unavailable. Assessment of late fees shall be without partiality to Silverlight Systems right to suspend customer’s access to the Services. Any applicable properties and Services or sales taxes will be added to fees according to this Agreement.
If you cancel your subscription to the Service, your account will remain active till the end of the billing period, whether you are paying monthly, annually, or according to the multi-year plan. You will not receive a refund for the remaining portion of your subscription as you will have full access to the Service until the end of the billing period.
When paying annually, you can request a full refund within fourteen days of making the payment. If a refund is requested, your payment will be refunded within five business days and your account deactivated.
You understand that our Services are provided on an “as is” and “as available” basis. This means Silverlight Systems offers its Services without any warranty. To be extra clear, we do not guarantee that the Services will be bug-free and always available. Our Services are sold without any Service level warranties or commitments.
Silverlight Systems may suspend Customer’s access to the Services immediately without notice if Silverlight Systems, in its sole decision, believes:
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Such suspension is required by law;
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Customer is infringing or violating the rights of third parties, or acting in a manner that is abusive, profane or offensive;
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Customer does not pay its fees or any invoices in a timely manner;
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Customer is in breach of any material provision of this Agreement, including its license restrictions or confidentiality obligations.
Any suspension of Customer’s access to the Services will not limit or waive Silverlight Systems rights to Terminate this Agreement or Customer’s access to the Services. Upon Termination of this Agreement, customer shall discontinue its use of the Service(s). Notwithstanding the foregoing, Termination of this Agreement by Silverlight Systems shall not limit customer’s obligation to pay all the applicable fees, nor restrict Silverlight Systems from pursuing any available remedies, including injunctive relief.
Any payments that have not yet matured will become due immediately upon Termination. Customer agrees that following Termination of customer’s account and/ or use of the Services, Silverlight Systems may immediately deactivate customer’s account and delete customer data. Customer further agrees that Silverlight Systems shall not be liable to customer nor to any third party for any Termination of customer’s access to the Services or deletion of customer data in accordance with this Agreement. Sections discussing license restrictions, fees and payment, confidentiality, customer representation, indemnification, and limitation of liability shall survive Termination of this Agreement, along with any other provisions that are intended by their Terms to continue.
To ensure the functionality and security of our Services, Silverlight Systems regularly maintain and update them. Maintenance might be scheduled or unscheduled. In both cases, we’ll do our best to perform maintenance during times that will minimally impact your business.
“Customer/users/subscribers Data” means any data that customer or its users input into the Services for processing in connection with this Agreement, including any personally identifiable information (“Personal Data”) forming part of such data. One of the functionalities of our Services is the ability for you to input data. Some of that data will likely be client’s personal information. Silverlight Systems doesn’t have any control over the kind of data you choose to process via our Services, so please be discerning about the categories of data you collect, and the access provided to this data. For example, you should not be storing any unredacted credit card data. Silverlight Systems respects all applicable data privacy laws and expects you to do the same. This includes an expectation that you manage any privacy-related notices to be sent to your clients or Users. Our Services also allow you to extract and back-up your data, so it is your responsibility to regularly do so. Just the same, we will back up your data on a regular basis and help you to recover it. We employ significant controls to ensure your data remains secure while data is stored in a 3rd party cloud sever. However, we can’t be held responsible for the safety, any loss or corruption of your data.
Silverlight Systems may disclose any customer information to law enforcement agencies without further consent or notification to the customer upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
Silverlight Systems reserves the right to revise its Service and website content at any time without notice.
Customer shall indemnify, defend and hold harmless Silverlight Systems and its officers, employees, and agents from and against all losses, expenses, liabilities, damages and costs including, without limitation, reasonable attorneys’ fees (collectively “Costs”), to the extent that such costs are attributable to any breach by Customer or any user, independent contractor, or affiliate thereof, of any representations, warranties or other obligations set forth in this Agreement.
Silverlight Systems liability in respect of any single cause of action arising out of or in connection with the Services (whether for breach of contract, tort, including negligence, statute or otherwise at all) shall be limited, to the extent that the cause of action related to our supply of the Service, at our option to:
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supplying the Service again;
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payment of the cost of having the Service supplied again; or
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repaying to you any amount that you have paid in respect of the Service.
Silverlight Systems shall not be liable for any claim arising under the Service unless you give Silverlight Systems written notice of any claim within 14 days of becoming aware of the circumstances giving rise to the claim or, if earlier, 14 days from the time you ought reasonably to have become aware of such circumstances.
Any data or information that you may have stored on the applications or the website shall remain your sole responsibility and we accept no liability for loss or corruption of such data howsoever caused. It is your responsibility to keep a record of any such data.
In no circumstance shall Silverlight Systems be liable to you for any indirect, special or consequential loss arising out of or in connection with the Service and the Terms, including any loss of business, revenue, profits, anticipated savings, goodwill or any other indirect or consequential loss or damage howsoever arising.
All representations, conditions and warranties, whether express or implied (by statute or otherwise) as related to in the Terms are excluded to the fullest extent permitted by law.
Silverlight Systems shall not be liable to you for any delay in or failure of performance of our obligations for the Service and the Terms arising from any reason beyond Silverlight Systems’s reasonable control. Silverlight Systems’s failure to exercise or enforce its rights or the giving of any forbearance, delay or indulgence, will not be construed as a waiver of such rights.
We will not be responsible for any damages or costs incurred, lost profits, if any, that may be incurred due to downtime.
These Terms do not permit or entitle you to obtain and use software upgrades. You may request to purchase an upgrade to an existing subscription by submitting a separate request for our approval (such approval not to be unreasonably withheld).
YourIf one or more of the provisions of this Agreement is held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, then the validity, legality and enforceability of the remaining provisions of this Agreement shall be unaffected.
Silverlight Systems may provide all notices, statements and other communications to customer through either email, through website, an in-product message, or by mail. Silverlight Systems may also issue communications, including press releases, for the purpose of referencing customer as a customer of Silverlight Systems.
Neither party shall be deemed in default or otherwise liable for any delay in or failure of its performance under this Agreement (other than customer’s payment obligations) by reason of any act of God, fire, natural disaster, accident, act of government, shortage of materials, failure of transportation or communication or of suppliers of goods or services, or any other cause to the extent it is beyond the reasonable control of such party.
This Agreement, including any applicable requests, constitutes the entire Agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior or concurrent written, electronic or oral communications, representations, Agreements or understandings between the parties with respect to that place. Customer has reviewed, understood and accepted the terms and conditions set forth in this Agreement and has either consulted with legal counsel prior to executing this Agreement or has knowingly forgone its right to consult with legal counsel prior to such execution. The parties acknowledge that they require that this Agreement be drawn up in the English language, that the English language version prevails, and that any translation is for information purposes only.
Any queries or comments, drop us an email at admin@silverlightsystems.co.uk