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Terms and Conditions
Really Simple Testing is a service provided by Commercial Reality Limited; a UK registered limited liability Company, with its registered office at Raven House, High Street, Ramsbury, Wiltshire SN8 2PA, United Kingdom. The company is hereinafter referred to as "Commercial Reality".
All use of Really Simple Testing is subject to the following Terms and Conditions.
1. Liability Limitation
You use this Service entirely at your own risk. Commercial Reality shall not be responsible for any damages your business may suffer through the use of Really Simple Testing. This includes loss of data resulting from use of the service or from service interruption, loss from processing errors, loss from processing delays, loss from non delivery, loss from wrong delivery, and loss from any or all service interruptions caused by Commercial Reality and its employees, agents and computer service providers.
Notwithstanding anything in these Terms and Conditions to the contrary, the maximum cumulative and aggregate liability of Commercial Reality for all costs losses or damages from claims arising under these Terms and Conditions whether in contract tort or otherwise shall not exceed an amount equal to the total amounts due and payable to Commercial Reality under these Terms and Conditions for the month immediately preceding the date upon which such damages accrue. The limitation of liability herein is a fundamental element of the basis of the provision of Really Simple Testing services and reflects a fair allocation of risk. Really Simple Testing services and any services or information offered through Really Simple Testing would not be provided without such limitations of liability and you agree that the limitations of liability and disclaimers specified in these Terms and Conditions will survive and apply even if found to have failed their essential purpose.
Because some jurisdictions do not allow the exclusion or limitation of certain categories of damages, in such jurisdictions you agree that the liability of Commercial Reality shall be limited to the fullest extent permitted by such jurisdiction.
2. No warranties
Commercial Reality makes no warranties of any kind, express or implied for Really Simple Testing. Commercial Reality specifically disclaims any warranty or merchantability or fitness for a particular purpose. Commercial Reality does not warrant that the functions provided by Really Simple Testing will be uninterrupted or error free. Commercial Reality does not warrant that use of Really Simple Testing will improve the financial performance of your business. Commercial Reality does not warrant that there are or will be no technical or design failures or shortcomings in the Really Simple Testing service. Commercial Reality does not warrant that its software will be free of any malware including but not limited to trojan horses, viruses and spyware.
3. Security of service
You accept that it is your responsibility to protect and back up your data. You also accept that you are responsible for keeping your username and password secure and that you will change your password frequently.
4. Payment of fees
You agree to pay fees to use Really Simple Testing as set out in the current fee schedule and agree that in the event of your non-payment the Really Simple Testing service will be withdrawn. If the service is withdrawn you understand that the content of your web pages may disappear from your website until such time as you remove the Really Simple Testing code from your site and replace it with alternative code.
5. Discontinuation of service
Commercial Reality reserves the right to discontinue Really Simple Testing at any stage subject to providing you with 2 month's notification.
6. Ownership of Intellectual Property
You recognise and agree that Commercial Reality owns all the intellectual property rights to Really Simple Testing including but not limited to its branding, domain names, software, know how, show how, website and database designs.
7. Reverse engineering
You agree not to reverse engineer any of the components of Really Simple Testing.
8. No subcontracting
You agree that you won’t use any Really Simple Testing services to provide sub-contract services to third parties.
9. Right to close accounts
Commercial Reality reserves the right to close Really Simple Testing accounts without explaining its reasons or justifications if in the opinion of Commercial Reality continued provision of the service is detrimental to its business interests.
10. Right to suspend delivery of content
Commercial Reality reserves the right to suspend delivery of web page information in event of non-payment of fee without notice or in the event of notification from a third party that the information contained within your Really Simple Testing account is reasonably subject to disputed ownership.
11. Not to be used for spamming or other illegal activity
You agree not to use Really Simple Testing for any illegal online activities including but without limitation spam, IP infringement or the installation or distribution of viruses, Trojan horses, robots or any malware or the publication of illegal material of any nature.
12. Right to seek compensation and legal redress
In the event of your misuse of Really Simple Testing, Commercial Reality reserves the right to seek compensation and any costs incurred in the process of seeking compensation. You also agree to indemnify Commercial Reality against any claims made against Commercial Reality as a result of your actions.
In the event that a Party commences any action or files any claim whatsoever in connection with your use of Really Simple Testing, you shall defend indemnify and hold harmless Commercial Reality its related parties and affiliates and its officers directors employees representatives agents licensors lawyers attorneys heirs successors and assignees from and against any and all damages liabilities claims or costs including without limitation the costs of investigation and defence and reasonable legal fees and litigation and court costs incurred by any Commercial Reality party as a result of such claim regardless of whether such losses are direct incidental consequential punitive or statutory.
13. Right to use intellectual property and web content
Really Simple Testing needs to store copies of your data and specifically of your HTML and other software to function properly. You agree to grant Commercial Reality the right to hold, copy, distribute, publish and process any such data that you upload to Really Simple Testing.
You also agree that you shall not use Really Simple Testing to store any confidential or personal information or third party information that you do not have full publishing editing and distribution rights to. You also agree that you do have the right in law to publish and distribute any information you do submit to Really Simple Testing.
14. No relationship
These Terms and Conditions do not create any relationship of principal and agent, partners, employer and employee, fiduciary or similar relationship between you and Commercial Reality.
15. Jurisdiction
You agree that the law of the England will govern these Terms and Conditions and that any action suit proceeding or claim arising out of or related to these Terms and Conditions or to the use of Really Simple Testing must be brought exclusively in a law court in England regardless of convenience or otherwise.
16. Assignment
Commercial Reality may freely assign or transfer any or all of the rights and obligations described under this Agreement without your consent and without notice to you.
17. Confidentiality
Commercial Reality reserves the right to aggregate data across all users for marketing purposes. Commercial Reality does not warrant that it will keep your data confidential but it will nonetheless use reasonable endeavours to do so save that your data needs to be submitted to and held on Commercial Reality servers in order for Really Simple Testing to function and these servers are not operated directly by Commercial Reality.
Marketing information based on individual accounts will not be used by Commercial Reality except on an entirely anonymous basis.
You are advised not to submit confidential data to Really Simple Testing.
18. Force Majeure
Commercial Reality shall not be responsible for delays or failures in performance resulting from acts of God strikes lockouts riots acts of war acts of terrorism embargoes boycotts changes in governmental regulations epidemics fire communication line failure power failures earthquakes other disasters or any other reason where failure to perform is beyond the control of Commercial Reality.
19. Severability
If any provision of these Terms and Conditions is declared or determined by any court to be unenforceable or invalid the validity of the remaining parts terms or provisions shall not be affected by that determination; the unenforceable or invalid part term or provision shall not be deemed to be part of these Terms and Conditions; such court may substitute a provision that is legal and enforceable and is as nearly as possible consistent with the intentions underlying the original provision.
If the remainder of these Terms and Conditions are not materially affected by such a declaration or finding and is capable of substantial performance, then the remainder shall be enforced to the maximum extent permitted by law.
20. Changes to Terms and Conditions
Commercial Reality reserves the right to change these Terms and Conditions from time to time. It is your responsibility to check that you are continuing to adhere to the any new Terms and Conditions.
21. Waiver
The waiver or failure by Commercial Reality to exercise any right provided for in these Terms and Conditions will not be deemed a waiver of any further right in these Terms and Conditions.
The rights of Commercial Reality set out in these Terms and Conditions are cumulative and are in addition to any rights or remedies Commercial Reality may otherwise have at law or equity.
22. Fair Use
In order to protect other users of Really Simple Testing, Commercial Reality reserves the right to restrict or reduce access to the service in the event that your use of the service generates excessive web traffic or data volumes. Commercial Reality has the right to decide what levels of web traffic or data volumes constitute excessive usage.
23. Force Majeure
Commercial Reality shall not be responsible for delays or failures in performance resulting from acts of God strikes lockouts riots acts of war acts of terrorism embargoes boycotts changes in governmental regulations epidemics fire communication line failure power failures earthquakes other disasters or any other reason where failure to perform is beyond the control of Commercial Reality.
24. Other parties
You accept that as a limited liability entity, Commercial Reality Ltd has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Commercial Reality Ltd's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors in respect of any losses that you might suffer in connection with the provision of Really Simple Testing.
Without prejudice to the foregoing paragraph you agree that the limitations of warranties and liability set out in this website disclaimer will protect Commercial Reality Ltd's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Commercial Reality Ltd.
25. Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
26. Your Content
You are solely responsible for all the content you upload into your Really Simple Testing account. You understand and agree that you will adhere to any legal and moral obligations relating to such content.
27. Marketing strategies and methods
You are solely responsible for the adoption of any marketing strategies, techniques or methods and for the creation, modification and maintenance of your account's content and data. Commercial Reality may make suggestions about techniques but such suggestions are not to be constituted as advice. Furthermore, the decision whether to copy or follow suggestions is entirely yours.
28. Entire Agreement
These Terms and Conditions constitute the complete and exclusive agreement between you and Commercial Reality relating to the use of Really Simple Testing.
5th December 2009