Terms & Conditions

Intergage Group Limited Terms & Conditions

 

We appreciate you taking the time to read our terms and conditions. We appreciate that it probably isn’t your

definition of fun, but it does mean you are a customer (thank you) or you might be soon (in which case,

thank you and welcome!).

 

Our vision is, “To be a beautiful business, elegant by design, efficient and effective in execution and ethically

exemplary. Recommended by our clients, cherished by our stakeholders (that includes you) and highly valued

by the communities we serve (that’s you)”. We can only do that if our terms and conditions are clear and

equitable.

 

Our values are:

 

·         Courageous Honesty - Being brave enough to challenge each other

·         Mutual Transparency - Working together in a spirit of openness and integrity

·         Insightful Adaptability - The ability to evolve intelligently, quickly, and constantly

 

Our ideals in creating these terms and conditions were:

 

·         Intergage seeks to do business in a transparent, fair, and reasonable way.

·         We believe that every business relationship must be a genuine win/win arrangement to be sustainable.

·         There are no circumstances where “Sneaky”, “Underhand”, “One-sided” or “Unfair” is OK.

 

If any element of our terms fails to live up to our mission statement, our values or these ideals please call us out on that. If anything about these terms and conditions concerns you in any way, an Intergage Director will be happy to address your concerns in person.

 

Thank you once again

 

The Intergage Board

 

 

Contents

 

 

Intergage Group Limited Terms & Conditions

Contents

Article I. Intergage Group Limited Terms and Conditions

Version 2022-2

Changes to previous version

SECTION A – GENERAL TERMS & CONDITIONS

1.      Interpretation

2.      Force Majeure

3.      Law

4.      Severability

5.      Waiver

6.      Assignment

7.      Notices

8.      The Proposal

9.      Cancellation

10... Confidentiality

11... Intellectual Property Rights

12... Liability

13... Payment Terms and Pricing

14... Changes to Terms and Conditions

15... Data Protection

16... Entire Agreement

SECTION B – INSTALLATION AND ONBOARDING SERVICES

17... Payment Terms and Pricing

18... Software

19... Supplied Content and Data

20... Other Internet Services (Email, Domain, ISP, DNS)

21... Domain Name Registration and Renewal

22... Domain Name Management

23... Ownership of Content and Data

24... Third Party Software/Services

SECTION C – CLOUD HOSTING AND SOFTWARE SERVICES

25... Payment Terms and Pricing

26... Termination of Cloud Hosting and Software Services

27... Software License

28... Restrictions

29... Enhancements

30... Cloud Hosting

31... Support Policy

SECTION D – TRAINING AND EVENTS

32... Payment Terms and Pricing

33... Cancellation

34... Liability

35... Copyright and Intellectual Property Rights

SECTION E –MARKETING SERVICES

36... Payment Terms and Pricing

37... Deliverables Including Goods

38... Termination of Marketing Contract Services

39... Ownership of Content

40... Contract Outcomes

SECTION F –SPREAD ONBOARDING

41... Payment Terms and Pricing

42... Termination of Spread Onboarding

 

 

 

Article I. Intergage Group Limited Terms and Conditions

Version 2022-2

Updated March 2022

Changes to previous version

1.     Added Section F Spread Onboarding

 

SECTION A – GENERAL TERMS & CONDITIONS

Intergage supplies a wide range of Services. Some of the terms and conditions herein vary according to the Service specified in the Proposal. This Section A contains general clauses; additional clauses are specified according to the Services specified in the Proposal and are contained in Sections B-F. 

 

1.     Interpretation

 

1.1.    In these Terms and Conditions, the following definitions apply:

                 

“Intergage”

 

means Intergage® Group Limited, Intergage® Marketing Engineers Limited, Intergage® Marketing Systems Limited, Intergage® Marketing Partners or any of its subsidiaries or Partners providing Intergage® related products and services;

 

“Partner”

 

means an authorised partner of Intergage who provides solutions that include Intergage solutions, bound by a Partner agreement;

“Customer”

 

means the individual or company to whom the invoice is addressed;

 

“Proposal”

Means the order form completed and signed by the Customer; this Proposal may refer to supporting documentation providing detail and scope for the Service;

 

“Purchase Price”

 

means the price for the Service as detailed in the Proposal;

"Service"               

 

means the goods or services specified in the Proposal;

“Software”            

 

means the software that is used to provide the Service;

“IMS”

 

means the Software providing the Content Management System (CMS), Customer Relationship System (CRM), Marketing Automation, Sales Opportunity Management, Project Management, Support Ticketing and other supporting modules owned by Intergage;

 

“Installation”

means a single instance of a Software service, such as a website, CRM or any other Cloud Based system provided by Intergage

“Subscription”

 

means the monthly charge specified in the Proposal for the ongoing provision of the Software, Support and Hosting;

 “Cloud Hosting”

 

means the provision of a Cloud-based web service that responds to a browser’s request for web content with the content requested. This covers both publicly accessible information (the website) and restricted access systems (CMS, CRM). It also includes the provision of any file hosting service accessible through FTP. It does not include other services such as domain management, email hosting and Internet connectivity to/from the Customer’s premises;

 

“First Line Support”

 

means initial analysis and fault logging;

“Confidential Information”

 

for each party the terms of this Agreement and all information and/or data belonging to or relating to that party, its associates, its or their businesses, activities, affairs, products, services, suppliers, customers or prospective customers disclosed (whether in writing, verbally or by any other means and whether directly or indirectly) by that party, its representatives or advisers, to the other party, its representatives or advisers whether before, on or after the date of this Agreement;

 

 “Deliverable”

means a set of goods or services that may be delivered at one time, for example: a design draft, a collection of printed items, a marketing plan document, a consultation meeting, a website project or other electronic content;

 

“Event”

means a Service delivered on a particular date, for example: a training course, a hospitality event, a speaker delivering a presentation, or a series of presentations;

 

 “Business Day”

means any day which is not a Saturday, Sunday or a bank or public holiday in England;

 

1.2.    In these Terms & Conditions (except where the context otherwise requires):

 

1.2.1.      the clause headings are included for convenience only and shall not affect the interpretation of these Terms & Conditions;

 

1.2.2.      use of the singular includes the plural and vice versa;

 

1.2.3.      use of any gender includes the other genders;

 

1.2.4.      any reference to “persons” includes natural persons, firms, partnerships, companies, corporations, associations, organisations, governments, states, foundations, and trusts (in each whether or not having separate legal personality);

 

1.2.5.      any reference to a statute, statutory provision or subordinate legislation (“legislation”) shall (except where the context otherwise requires) be construed as referring to:

a)     such legislation as amended and in force from time to time and to any legislation which (either with or without modification) re-enacts, consolidates or enacts in rewritten form any such legislation; and

b)     any former legislation which re-enacts, consolidates or enacts in rewritten form.

 

1.2.6.      any phrase introduced by the terms “including”, “include”, “in particular”, “such as” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

 

2.     Force Majeure

 

Intergage shall not be liable for any delay or failure in performance of its obligations under this agreement which is due to or results from any circumstances beyond its reasonable control. In any such event Intergage shall be entitled to delay or cancel delivery of the Service.

 

3.     Law

 

This agreement shall be governed and construed in all respects in accordance with the Law of England and shall be subject to the exclusive jurisdiction of an English Court of Law.