BusinessComputing

Terms & Conditions

Admin

Below you can find the Terms & Conditions which are governing the use of services offered by BusinessComputing.

BusinessComputing is a website operated by Harris Marketing Solutions Ltd, a company registered in England and Wales under the company number (03215025). Our trading office is The Old Bank Chambers, 27 Lincoln Croft, Shenstone, Lichfield WS14 0ND, UK.

These terms and conditions form a legally binding contract between the Supplier: hereby known as ‘BusinessComputing’ or ‘The Supplier’ or ‘We’ which is a trading style of ‘Harris Marketing Solutions Ltd’ and between the ‘Customer’ another commercial entity or individual submitting a news announcement through the submission form on www.businesscomputing.com or via email if requested by the ‘Customer’.

The Customer warrants to BusinessComputing that it is entering into the Contract as a business and not as a consumer. If the Customer is a consumer, then it should contact BusinessComputing directly by email or phone before purchasing the services.

By submitting a news announcement you confirm that you are fully authorised to form a contract and are not barred under any English laws to not do so. You confirm that you have full permission and authorisation to submit on behalf of the entity that you are representing and that you have read, fully understood and accepted everything within these terms and conditions.

By submitting content through our service you are responsible for its accuracy and authenticity. This includes other information which may be submitted by you which is not limited to Documents, Images, Content or Videos, Contact Details and anything else.

You are solely responsible for and agree that you are not violating any trademarks registered at official trademark offices but not limited to the UK or Europe, violating or infringing copyrights, intellectual property, personal privacy or laws.

The Customer agrees that it will not hold the Supplier responsible and will indemnify Harris Marketing Solutions Ltd, to the fullest extent permissible but not limited to English law, against but not limited to all copyright charges, claims, charges, demands, bills, damages, payments, interest, liabilities and losses incurred or suffered by the Supplier, and all costs and expenses not limited to any legal, professional, investigative, defending, prosecuting, criminal charges incurred by the Supplier, directly arising in any shape or form by the services carried out by BusinessComputing or 3rd Parties.

You shall immediately pay all charges and payments due at the time of submission in accordance with the pricing structure and billing terms in effect at the time. You agree that all payments are NOT cancelable and NON refundable in full or any other sum. You must provide our 3rd party payment processor with valid payment and billing information to use the Service. BusinessComputing reserves the right to modify its fees and charges and to introduce new charges at any time without customer notification.

These terms and conditions override any terms and conditions stated in a Purchase Order and in the event of an order being placed, the Client accepts this legally.

The Supplier will not make refunds under any circumstances unless at the supplier’s sole discretion.

For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the Supplier including but not limited to strikes, earthquakes, tornadoes, terrorist attacks, lock-outs or other industrial disputes (whether involving the workforce of the party or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

The Supplier shall not be held liable in any form to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.

If the Force Majeure Event prevents the Supplier from providing any of the Services for more than 2 weeks, the Supplier shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Customer.

BusinessComputing does not claim ownership of the content you submit. But by submitting any form of content to BusinessComputing, you hereby grant BusinessComputing a world-wide, royalty-free, and non-exclusive license to reproduce, modify, disseminate, adapt, change and publish any content or materials solely for the purpose of displaying, distributing, advertising and promoting your content on BusinessComputing’s Service or 3rd party services of our choice. This license exists only for as long as you continue to be a BusinessComputing customer and shall be terminated at the time your account is terminated or banned. You also grant any 3rd parties to sub-license the content for the purpose of carrying out the service.

You agree that this license includes the permission for BusinessComputing to make such Content, images, videos, available to other websites, companies, newswires, organisations or individuals the syndication, broadcast, distribution or publication of such content on other media and service, subject to our terms and conditions for such content use.

You agree that the BusinessComputing editorial team without notification may edit your news announcement text or content.

The Customer hereby accepts sole responsibility not limited to the authenticity, spelling, grammar, accuracy, completeness of the press release and all other information submitted to our service such as documents, images, videos, files, and its appropriateness for public release via the distribution services, 3rd parties and other licensed content distributors authorised by BusinessComputing.

BusinessComputing reserves the right to withhold services if a suspected fraudulent transaction has been brought to our attention by our supplier. You also agree that BusinessComputing has the right to remove content with no liability from our website, social platforms and any other website in our control if a fraudulent transaction has taken place after the service has been supplied.

The Customer hereby agrees and acknowledges that once the press release has been published and distributed to the public domain by BusinessComputing, 3rd Parties, Newswires and any other distribution partner, the press release and its reproduction, amendments or further changes will no longer be within BusinessComputing’s control and we shall not be able to correct, modify or change errors in the press release from being displayed or distributed by third parties and copies of the press release or excerpts of it may remain in the public domain or on other websites out of our control indefinitely, nor will BusinessComputing be liable for any damage or loss caused by the future reproduction or dissemination of the news announcement carried out by 3rd parties.

BusinessComputing reserves the right to change the structure of hyperlinks not limited to the rel=”” HTML tag within press releases at anytime without notice if the content is deemed promotional or hyperlinks do not follow our editorial guidelines.

BusinessComputing holds the right to make reasonable efforts to correct common and obvious mistakes within the news announcement content. Not limited to spelling, syntax and grammatical errors.

BusinessComputing reserves the right to cancel, terminate and suspend any account which does not provide correct and authentic profile information such as contact details, addresses and anything other information.

BusinessComputing shall not be liable for any delay in distribution of the Customers’ news announcement due but not limited to backlogs, delays, time zone differences, none payment.

All submitted materials including but not limited to content, video, images and everything else must follow BusinessComputing’s Editorial Guidelines, these are subject to change at any time at BusinessComputing’s sole discretion without notifying the users.

BusinessComputing cannot guarantee or warrant any specific placement or pickup of any news submitted for distribution to any extent. BusinessComputing makes submitted content available to third parties via multiple distribution methods but does not have access and cannot control distribution of the content.

BusinessComputing makes no warranties, express or implied (including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and title, and any and all implied warranties arising from statute, course of dealing, course of performance or usage of trade), regarding the service.

You hereby agree that you understand BusinessComputing will make reasonable efforts to distribute your submitted news to 3rd parties if applicable and cannot guarantee coverage by the media and other 3rd parties.

BusinessComputing respects others’ intellectual property and copyright. We will make every effort to comply with alleged copyright infringement if applicable under Laws of England and Wales.

BusinessComputing reserves the right to suspend, terminate or cancel your account at any time without prior notice without liability to you.

Where BusinessComputing uses any third party to distribute or relay the press release and its content such as but not limited to Images and Documents, BusinessComputing will not be liable for and takes no responsibility for any such 3rd parties failure in transmission, presentation, disclosure of the whole or part of the Press Release or any of its content.

Users are responsible for all activity both on-site and within their account, this includes submitting news announcements on behalf of third-party companies. BusinessComputing shall not be held responsible or liable for any inaccurate information submitted by users.

You agree and acknowledge that you the Customer and The Seller ‘BusinessComputing’ are independent contractors/businesses, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship.

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

BusinessComputing reserves the right to reject any content which is not deemed newsworthy or acceptable for our service. We reserve the right and discretion to issue a refund if a Customer submits a news announcement which does not meet the terms and conditions within this document or our Editorial Guidelines. Upon submission of a news announcement you agree and acknowledge the above.

If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

Limitation of liability and Indemnity

Nothing in these Conditions shall limit or exclude the Supplier’s liability for death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors, fraud or fraudulent misrepresentation.

The Supplier shall not be liable for the accuracy and authenticity of any of the Content, which shall be the sole responsibility of the Customer;

  • the Supplier shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under or in connection with the Contract; and
  • the Supplier’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the amount paid by the Customer in relation to the provision of the Services.

Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

The Customer shall fully indemnify and hold harmless the Supplier, its agents, officers and employees, and any third parties with whom the Supplier deals in relation to the provision of the Services, against any claim, action, liability, loss, damage or suit (Claims), arising from the use by the Supplier of the Content in any way as set out in clause 4.2 above.

The Customer shall fully indemnify and hold harmless the Supplier, its agents, officers and employees, and any third parties with whom the Supplier deals in relation to the provision of the Services, against any Claims, arising from any breach of warranty or representation made to the Supplier by or on behalf of the Customer, or for any breach by the Customer of the provisions of these Conditions.

The indemnities set out in clauses 8.4 and 8.5 above shall include an obligation to pay any and all expenses and costs incurred by the Supplier in investigating and defending any Claims.

This clause 8 shall survive termination of the Contract.

The Customer fully agrees and remains solely responsible and liable for the content and understands and accepts that BusinessComputing exercises no editorial control over the content of the news announcement and their content for which the Customer is editorially responsible.

Subscription package terms and conditions

Where applicable the following conditions also apply:

The number of news announcements allocated per monthly subscription are only usable for the current month and do not roll over to the next month.

Your BusinessComputing subscription will continue month-to-month unless and until you cancel or we terminate it. We will bill the monthly subscription charge to your payment method used on the first of every month or when your subscription starts if using the automated upgrade option within your dashboard. You must cancel your subscription before it renews each month in order to avoid billing of the next months subscription fees to your payment method.

By purchasing a subscription package you confirm that you are purchasing as a business and not as a consumer.

PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

It is the responsibility of the client to make use of account credits during the monthly cycle. No refunds, full or partial will be made based on the lack of submissions made by the client.

BusinessComputing reserves the right of unilateral service cancellation under the following circumstances:

  • Client breaks Terms and Conditions within this document or the editorial guidelines;
  • Client diverges from the normal usage patterns established by BusinessComputing services;
  • Client attempts to inflict damages on the reputation or normal work of BusinessComputing;
  • BusinessComputing receives abuse request concerning user actions from law enforcement agencies;
  • Client re-sells services to a 3rd party.

Cancellation of service by client implies that all the responsibilities about data received by BusinessComputing services, covered by this Terms and Conditions, are in effect.

Payments and invoices

Ad-hoc news announcement invoicing

Unless agreed otherwise in writing, clients will be invoiced for payment by email in the form of a digital invoice to the address used when registering with our website.

Fixed subscription invoicing

Unless agreed otherwise in writing clients will be invoiced for payment by email in the form of a digital invoice to the address used when registering with our website.

In the event that payment has not been received in full on the due date for any reason, we will hold the right to terminate your account and delete or retract your press release and materials including text, images, video, documents or anything else supplied by you from our website and any third parties. Furthermore, a redaction notice for any news announcement at anytime without your consent without prior notification will be disseminated to remove your content from our partners, subscribed recipients and any other 3rd party.

If BusinessComputing deems that outstanding payments from the Customer can’t reasonably be collected, we reserve the right to instruct our legal team or solicitors to chase the debt through the legal system.

This Agreement shall be governed by and construed under the laws of England and Wales. By using this service the parties agree that the United Nations Convention on contracts for the International Sale of Goods shall not apply to this agreement.