1. Seer Insight Limited
"Seer Insight Ltd", "SI", "us" or "we" means Seer Insight Limited.
2. Personal Data
"Personal Data" is any data that identifies you. The personal data which you supply to us you agree will be true, complete and accurate in all respects and you agree to notify us immediately of any changes to that. We will deal with your personal data in compliance with the current UK data protection legislation.
3. Transmission of Data
Transmission of data via the internet is not completely secure. Whilst we will do our best to protect your personal data we cannot guarantee the security of your data transmitted to our site, and transmission is at your own risk. Once we have received your information we will use strict procedures and security features to prevent unauthorised access.
4. Use of Information, Data Protection and Internet Privacy
Seer Insight Ltd is concerned for the privacy of visitors to its website. However, please remember that the security of information transmitted over the Internet cannot be assured.
5. Personally Identifiable Information
Seer Insight Ltd collects personally identifiable information such as name, address, telephone number, e-mail address or other information only when it is voluntarily submitted to us on this site.
We may use the information to improve our level of service and the content of our website; provide you with information, news and updates; notify you of new Seer Insight Ltd services; seek your views on our products and services and for our own internal purposes.
Please note that by submitting data and personally identifiable information you are, unless you have otherwise indicated, consenting to such information being processed for the above listed purposes.
Further, you agree that unless otherwise stated Seer Insight Ltd shall have the unrestricted right to use and store on its internal systems, whether in or outside the EU, any such information provided by you. We will not provide your information to any third party without your consent.
Under relevant data protection legislation (the Data Protection Act 1998 in the UK) you are entitled to obtain from us (the Data Controller for the purposes of the data protection legislation) a printout of the data held concerning you and to have any inaccuracies in this data rectified.
We have taken every care to ensure that the information contained in this website is accurate, complete and kept up-to-date. However, we cannot guarantee that all of the information is accurate.
We cannot guarantee uninterrupted access to this website, or the sites to which it links. We accept no responsibility for any damages arising from the use of this information.
Seer Insight Ltd is not responsible for the content or reliability of the linked websites and does not necessarily endorse the views expressed within them. Listing should not be taken as endorsement of any kind. We cannot guarantee that these links will work all of the time and we have no control over the availability of the linked pages.
Our Terms of Contract
The following Terms and Conditions must be accepted by the Client prior to commencement of any work.
Proposals submitted by Seer Insight Ltd, hereinafter referred to as The Company, are subject to the following conditions:
1) Payment Terms: Balance due within 7 days of completion of work. No Guarantees will be issued prior to payment being received in full.
2) The Company reserves the right to charge interest on outstanding sums if the invoice remains unpaid for longer than one month.
3) The Proposal remains valid for a period of 28 days from the date of issue. Beyond this period, The Company reserves the right to re-quote if necessary.
4) 48 hours notice must be given if the starting date of the contract is postponed. The Company reserves the right to charge for the time wasted if their employees are not allowed to commence on the date agreed and the above notice is not given.
5) The Client agrees to accept the recommended work which will be carried out as detailed in the Proposal.
6) The Company's professional indemnity cover is limited to those areas specified in the Proposal.
7) The proposal issued relates only to instructions received.
8) The Company reserves the right to adapt working procedures/methods in relation to unforeseen conditions such as access to equipment, poor performance of servers or software.
In such cases a variation order (V.O.) will be required to be signed by the client to authorise and works that were not contained within the initial proposal.
9) Unless agreed in advance prior to agreeing the Proposal, the client is reasonable for all reasonable fees and expenses incurred by Seer Insight employees incurred during delivery of the Proposed solution. These fees will be invoiced on top of the agreed project fee and are subject to the same payment terms.
10) Ownership of goods:
11) Ownership of goods/materials shall remain with Seer Insight Ltd until the agreed price for them, together with all other sums due from the customer have been paid in full.
12) Acceptance of Proposal:
Acceptance of our proposal should be signed and dated by a relevant employee, and sent either by post or email to Seer Insight Ltd. In doing so the client agrees to these terms and conditions.
13) Electronic file format
a)The Proposal will be delivered in Adobe Acrobat PDF format. The Client accepts that installing the necessary software to open and view the document is their responsibility.Adobe PDF documents require Adobe Acrobat PDF Reader version 10.0 or later.
Clients are responsible for obtaining the necessary software from the relevant web site, themselves and we cannot accept any responsibility for losses, damages, injury or delays arising from the Client not having the correct software installed on their computer.
e) Viruses and Malware
At our offices and on all home working computers and attached devices within our business we use industry-standard anti-virus software to prevent infection by electronic viruses and malware. However, as the spread of viruses and malware through the internet can be extremely fast and difficult to stay ahead of, despite best practices, we STRONGLY ADVISE Clients to scan all electronic files received from us, whether these are Proposals, Email or other electronic documents. Failure to scan any electronic document provided by us, prior to installation on the client's computer(s), network, tablet PCs, Smartphones or any other electronic device used by them, indemnifies us from any damages, losses or injury resulting from infection by any electronic virus, malware or spyware.
Accepting and opening any electronic document or file provided by us indicates the Client's acceptance of these terms.
d) Delivery - by Post
Where the Client choses to receive the Proposal by post, we will usually post this by Royal Mail First Class within 48 hours of the Proposal being created, excluding Bank Holidays and weekends. In rare circumstances, due to technical or logistical problems beyond our immediate control, it may take longer to prepare the Proposal. Seer Insight Ltd cannot accept responsibility for any losses or damages incurred in these circumstances, although we will notify you of any delays in these circumstances.
When receiving the Proposal by post, this may be subject to delays on the part of the delivery agent, ie: Royal Mail Postal Service. Seer Insight Ltd cannot accept responsibility for any losses or damages incurred in these circumstances.
Seer Insight Ltd Website Hosting Terms and Conditions
This Hosting Agreement governs your purchase and use, in any manner, of all Web site hosting, ordered by you and accepted by Seer Insight Ltd and describes the terms and conditions that apply to such purchase and use of the Services. You AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. Seer Insight Ltd reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Seer Insight Ltd may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following Seer Insight Ltd' posting of any changes or modifications will constitute your acceptance of such changes or modifications.
1. Payment. As consideration for Seer Insight Ltd providing the Hosting Services hereunder, Customer agrees to pay Seer Insight Ltd the aggregate monthly or annual fee based on the hosting services and the terms selected.
2. Provision of Services. Seer Insight Ltd will provide Customer with the Services ordered that are described in the Hosting Package Features elsewhere in this document. Customer understands and agrees that Seer Insight Ltd will host and create the Web site solely in accordance with the information provided by Customer.
3. Rights to the Web Site and Content. With the exception of any Third-Party Materials and Background Technology as set forth in Section 4, Customer owns the Customer Content. "Customer Content" means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, or software), in any medium, provided by Customer to Seer Insight Ltd. "Third-Party Materials" means any content, software, or other computer programming material that is owned by an entity other than Seer Insight Ltd, and licensed by Seer Insight Ltd or generally available to the public, including Customer, under published licensing terms, and that Seer Insight Ltd will use to display or run a Web site. If the site was designed by Seer Insight Ltd, Seer Insight Ltd owns the rights to the design of the web site. If a customer stops paying the monthly or annual fee for the web site upon cancellation the customer is not entitled to use the web site for any purposes whatsoever.
4. Limited License to the Background Technology. "Background Technology" means computer programming/formatting code or operating instructions developed by or for Seer Insight Ltd and used to host or operate the Web site or a Web server in connection with a Web site. Background Technology includes, but is not limited to, any files necessary to make forms, buttons, checkboxes, and similar functions and underlying technology or components, such as style sheets, animation templates, interface programs that link multimedia and other programs, customized graphics manipulation engines, and menu utilities, whether in database form or dynamically driven. Background Technology does not include any Customer Content. Customer may not duplicate or distribute any Background Technology to any third party without the prior written consent of Seer Insight Ltd. All rights to the Background Technology not expressly granted to Customer hereunder are retained by Seer Insight Ltd. Without limiting the foregoing, Customer agrees not to reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive any source code of the Background Technology, except as allowed by law.
5. Limited License to Content. Customer hereby grants to Seer Insight Ltd the limited, nonexclusive right and license to copy, distribute, transmit, display, perform, create derivative works from, modify, and otherwise use and exploit Web site, any Customer Content, or any Customer Marks provided to Seer Insight Ltd hereunder, solely for the purpose of rendering Seer Insight Ltd' Services under this Agreement. Such limited right and license shall extend to no other materials or for any other purpose and will terminate automatically upon termination of this Agreement for any reason. 6. Content Standards. Customer agrees not to provide Customer Content, and Seer Insight Ltd will not intentionally provide to Customers any content, that (a) infringes on any third party's intellectual property or publicity/privacy rights; (b) violates any applicable law or regulation; (c) is defamatory, violent, clearly harmful, or obscene or pornographic or infringes on citizens' rights; or (d) contains any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage or interfere with any system, data, or personal information. If Customer is international, then Customer agrees to comply with all applicable local and national laws. Seer Insight Ltd reserves the right to refuse any other subject matter it deems inappropriate.
7. Support. Seer Insight Ltd agrees to provide reasonable technical support by whatever suitable means to Customer during Seer Insight Ltd's normal technical support hours.
8. Term and Termination. (a) This Agreement is effective as of the Effective Date and shall continue unless terminated; (b) Seer Insight Ltd may terminate this Agreement after five (5) days' written notice to Customer if Customer materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach during such five (5) day period; and (c) upon the termination of this Agreement, Customer will pay Seer Insight Ltd for all Services provided to Customer by Seer Insight Ltd prior to termination. Sections 2, 3, 4, 5, 9, 11, and 12 will survive termination of this Agreement.
9. Warranty Disclaimer. Except as expressly provided in this Agreement, the Services are provided "as is," and Seer Insight Ltd expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Interruption of Service: You hereby acknowledge and agree that Seer Insight Ltd will not be liable for any temporary delay, outages or interruptions of the Services. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein. Unless an approval process is specified herein or in a Statement, all Hosting provided by Seer Insight Ltd to a Customer will be deemed accepted when delivered.
10. Indemnity. (a) Customer Indemnity. Customer will defend Seer Insight Ltd against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section . Subject to Section 11, Customer shall indemnify Seer Insight Ltd for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Seer Insight Ltd as a result of any such third-party claim, action, suit, or proceeding. (b) Seer Insight Ltd' Indemnity. Seer Insight Ltd will defend Customer against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section 6. Subject to Section 11, Seer Insight Ltd shall indemnify Customer for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Customer as a result of any such third party claim, action, suit, or proceeding. (c) Mechanics of Indemnity. The indemnifying party's obligations are conditioned upon the indemnified party: (i) giving the indemnifying party prompt, written notice of any claim, action, suit, or proceeding for which the indemnified party is seeking indemnity; (ii) granting control of the defense and settlement to the indemnifying party; and (iii) reasonably cooperating with the indemnifying party at the indemnifying party's expense.
11. Limitation of Liability. Seer Insight Ltd's LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO Seer Insight Ltd DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE. Seer Insight Ltd SHALL NOT BE LIABLE FOR (A) ANY LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), REGARDLESS OF THE FORM OR ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF Seer Insight Ltd HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, Seer Insight Ltd WOULD NOT ENTER INTO THIS AGREEMENT.