a) The "Service Provider": All references to Service Provider, "you" or "your" in these terms and conditions refer to you.
b) The "Company": Wireless Workplace Limited trading as PCIQ, a company registered in England, No. 4357161, registered office: St. John's Innovation Centre, Cowley Road, Cambridge CB4 0WS
c) "Work Orders": The contact and work details of a potential customer
d) The "Customer": Person or business which contacts PCIQ for the purpose of contacting an Service Provider who can supply computer support services to them
e) The "Site": All web sites associated with PCIQ (including all domains and sub-domains of www.pciq.com, all applications, the APIs, our forums, and all tools provided by PCIQ)
2. The "Service"
The Company aims to obtain and forward Work Orders pertaining to computer support services for the benefit of the Service Provider
3. The Company undertakes with the Service Provider:
a) To use its reasonable endeavours to supply Work Orders to the Service Provider, originating within the the locality of the Service Provider and relating to the products and services provided by The Service Provider,
b) That the content of all advertisements shall comply with all relevant Regulatory Bodies and Advertising Authority Standards but shall otherwise be at the absolute discretion of The Company
4. The Service Provider warrants to and undertakes with the Company:
a) It will use its best endeavours to contact the Customer promptly
b) It will notify the Company immediately in writing of any action or claims against the Service Provider relating to any Customer introduced to the Service Provider by The Company and will use its best endeavours to deal with all matters to the satisfaction of the complainant and any regulatory body (if relevant)
c) The Service Provider will comply any with the proper conduct regarding the sale of all allied products and services and will provide the highest standards of service and advice to all Work Orders introduced by the Company.
5. Rights and remedies:
a) The Company shall be entitled to exercise any one or more of the rights and remedies given to it under the terms of this Agreement and the termination of this Agreement shall not affect or prejudice such rights and remedies.
b) No delay or failure by the Company in enforcing by the Service Provider any term or condition of this Agreement and no partial exercise by the Company of any rights hereunder shall be deemed to be a waiver of any rights of the Company under this agreement.
6. It is agreed between the parties:
a) The Company acts as a principal and not as an agent of the Service Provider or of any media owners.
b) The Copyright in the PCIQ logo, all artwork and any advertising coy or any other means of promotion created or commissioned by the Company will vest in the Company
c) The PCIQ name and logo is the sole property of the Company and may not be used in any medium whatsoever without the prior written consent of the Company
d) Where the Service Provider ceases to use the PCIQ service it will cease any use of the PCIQ name or logo
e) The Customer continues to be a customer of PCIQ until such time as he or she terminates that agreement, regardless of any subsequent contract entered into between the Service Provider and the Customer
f) You acknowledge that this agreement, any schedules hereto and any policies which may be communicated by the Company from time to time contain the whole agreement between the parties and the you acknowledge that you have not relied upon any oral or written representations made to you by the Company, its employees or agents
g) The Company reserves the right to make any changes to the format or marketing of the company’s services, which it may deem necessary at any time.
7. Limitation of liability
In no event will the Company be liable to you or any third person for any indirect,
consequential, incidental, special or punitive damages, including also lost profits
arising from your use of the Web site or the Service, even if the Company has
been advised of the possibility of such damages. Notwithstanding anything to
the contrary contained herein, the Company’s liability to you for any cause
whatsoever, and regardless of the form of the action, will at all times be limited
to the amount paid, if any, by you to the Company for the Service during the term
8. Links to third-party sites
This Site may contain hyperlinks to other web sites. You acknowledge and agree
that the Company is not responsible for the availability of such external sites,
and does not endorse and is not responsible or liable for any content, advertising,
products or other materials on or available from such sites. You agree and acknowledge
that you are solely responsible for evaluating any goods or services offered by the
Company or third parties via the Site and that the Company will not be a party to or
in any way responsible for any transactions between you and third parties.
9. Intellectual property
You acknowledge that the Company has expended significant effort and money to
promote its trademarks, and to create its web site, user interface and network.
You further acknowledge that the Company owns all right, title and interest in
its trademarks, web site, user interface and network, including without limitation
all intellectual property rights and other proprietary rights. You will not
(i) copy, reproduce, modify, publish, transmit, or distribute in any way, content
found on an the Company's Site without the Company 's prior written permission
or (ii) use the Company Site except as expressly provided in this agreement or
other policies and agreements between you and the Company.
10. Restricted activities:
Your Content, any information you provide to other Users and your activities on the Site must not:
a) be false, inaccurate or misleading;
b) be fraudulent or relate to the provision of services for which you are not qualified;
c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
d) be in breach of English law or any other applicable law or regulation (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination or false advertising);
e) be defamatory, libellous, unlawfully threatening or unlawfully harassing;
f) contain any viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
g) link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; or
h) consummate any transaction that was initiated using our Site that, by paying to us any Fees could cause us to break any applicable law or regulation.
11. Suspension and removal
You agree and acknowledge that the Company has, in its sole discretion, the right, in addition to all other legal rights, to suspend or remove you from being listed on our Site for the following reasons:
a) Violations of the policies contained herein or as amended from time to time;
b) If you accept a Work Order and fail to complete such Work Order in a timely manner and/or fail to contact the Customer or the Company if there is a problem;
c) If you receive negative feedback from our Customers;
d) If the information you have provided to us or entered into the Site is false or misleading;
e) If your actions, in any way, are deemed to be detrimental by The Company to the goodwill and reputation of the Company.
Removal from our Site for violation of our policies may result in your forfeiting any monies due you.
12. Force Majeure
In the event the Company's delivery of its services is delayed, prevented or
otherwise made impracticable by reason of any acts of God, floods, earthquakes,
or other natural catastrophes; national emergencies, strikes, lockouts or other
staff difficulties; computer "hacking" attack or computer virus; any law, order,
regulation or other action of any governing authority; or any other cause beyond
the Company's reasonable control, The Company shall be excused from such delivery
to the extent that its delay is prevented by such cause.
You agree to indemnify and hold the Company and (as applicable) its parent,
subsidiaries, affiliates, officers, members, agents, and employees, harmless
from any claim, demand or liability, including reasonable legal fees, due to
or arising, directly or indirectly, out of: (i) your breach of this agreement
or the documents it incorporates by reference, (ii) your violation of any law
or the rights of a third party, including any rights in intellectual property,
or (iii) another Service Provider’s or Customer’s action or inaction.
In the event you determine at any time to stop using the Site, then at such time you must cease using Site and not access the network.