Terms and Conditions
Please read these Terms and Conditions carefully. These Conditions do not affect your statutory rights.
Statutory Information
Supplier
Redden Consultancy Services Ltd: (registered company number)
Registered Office: 22 Chertsey Road, Woking, Surrey, GU21 5AB
Trading Office: Townsend Studios, 14 Townsend Lane, Old Woking, Surrey, GU22 9JD.
Services
Measurement and reporting of marketing activities.
PLEASE NOTE: The set up and creation of your smtrac account will commence immediately upon completion of payment through our payment provider, WorldPay, in accordance with these Conditions.
Price
The current price for the Services is shown on our website and will be clearly indicated before you conclude the agreement for the relevant Services you choose to receive.
Payment
Payment for the service is by an annual subscription as stated on the Create Account page and ordered by you.
For a Yearly subscription, you will pay for one Year's subscription. At the beginning of the second and each subsequent Year you will pay for a further Yearly subscription for that Year unless you cancel the Services in accordance with our conditions of cancellation.
See below for these Conditions for details.
Cancellation and Refunds
You may cancel the Services at any time in accordance with our conditions of cancellation and refunds. See below for these Conditions.
Complaints
In the unlikely event that you have cause to complain your complaint can be sent by email to enquiries@smtrac.com or by post to smtrac, Townsend Studios, 14 Townsend Lane, Old Woking, Surrey, GU22 9JD.
Definitions
Some words and phrases used in these Conditions have special meanings. These meanings are set out below:
Agreement means the contract between you and us which incorporates these Conditions
Account Control Panel means a personalised, secure website area where your personal information can be accessed and where the Services features can be utilised
Fee means the fees for the Services as advertised on the website from time to time and confirmed to you during registration, when you request them or at the time of subscription renewal
Name means the name specifically requested or allocated to you upon registration and shall include any email address allocated to you
Payment Card means the details of the credit or debit card specified by you during registration or amended by you
Registration means completion of your application (to our satisfaction) to register for the services using the website
Services means the information storage and presentation service which are provided by us to you using the website and other technology we employ
Us, we or our means Redden Consultancy Services Ltd
Website means the Internet website at address www.smtrac.com or another Internet website from which we choose to provide the Service
Month/Monthly means each calendar month period beginning on the day which immediately follows the day of registration and each anniversary of the day which immediately follows the last day of the Service Period
You or your means the person named in the online registration form
Registration for the Service
Before provision of the Services can begin you must complete the Account Registration. The following applies to Registration :
The Services are an online, subscription is currently monthly to our measurement and reporting service and such other services made available on the website from time to time.
The Services and these Conditions do not include services available to you on the website which are provided to you by third parties. The provider(s) of these services are displayed on the website and the separate terms and conditions applying to their services will be accessible to you within the relevant pages of the website.
By completing Account Registration or accepting any changes to these Conditions notified to you in accordance with Section 11 you are agreeing to these Conditions.
The Fee payable by you for the Services will be confirmed during Registration or, where relevant, when requested by you and shall be payable in accordance with these Conditions (see Section 4). You agree to pay the Fees using a valid and authorised Payment Card bearing your name. All payments must be made in pounds Sterling.
You must be over 18 years of age and during Registration (before you can receive the Service) you must provide us with accurate and complete information including your full name and email address and it is your responsibility to inform us of any changes to that information (including your email address or Payment Card) by updating your details in the Account Details page.
During Registration you will enter your First Name, Surname Adress Details and Email Address.
You are responsible for use of the website made by you or anyone else using your Name and for preventing unauthorised use of your Name. If you believe there has been a breach of security such as the theft or unauthorised use of your Name you must notify us immediately by contacting us.
Instant access will be provided only if the user is validated through our online authentication systems.
Following Registration and while ever you have access to the Services, you agree to comply with the Computer Misuse Act 1990 and/or the Data Protection Act 1998. You agree not to attempt to obtain information about any person other than you when using the Services.
Information stored using the services has been de-sensitised to make your information useless to identity theives. Storing passords, PIn numbers and other sensitive information is highly discouraged and is done at the account owners risk.
After Account Registration
After you have registered an account, if this Agreement is not cancelled in accordance with Section 7 below, this Agreement will continue indefinitely.
Payments
Unless this Agreement is cancelled in accordance with Section 7 below, the Fees in relation to the service will be debited from the Payment Card on the day of registration and each subsequent Month, for the duration of this Agreement. Renewal subscription fees will conveniently and automatically be charged, at the then current rate, to the Payment Card until you cancel this Agreement;
Agreement. By way of example only:
Example 1:If successful completion of Registration is on the 1st January, then the first payment of the Monthly subscription Fee is on the 2nd January, the second payment of the Monthly subscription Fee is on the 2nd February the following month and so on.
By agreeing to these Conditions you authorise us to use the information about the Payment Card to verify your identity and set up your use of the Service.
YOU UNDERSTAND THAT THIS AUTHORITY IN FAVOUR OF THE PAYMENT CARD WILL REMAIN IN FORCE UNTIL YOU CANCEL IT IN YOUR WORLDPAY ACCOUNT. CANCELLATION OF THE AUTHORITY IN FAVOUR OF THE PAYMENT CARD WILL BE CONSIDERED AS A REQUEST TO TERMINATE THIS AGREEMENT BY YOU.
Please note that we are not responsible for any overdraft or "over the limit" charges or bank fees if your Payment Card account or facility contains insufficient credit or funds when the Fee is processed and charged to the Payment Card.
Provision of the Service
Provided that we receive the Fees, the Services will be provided for the duration of this Agreement unless the Services is cancelled or suspended in accordance with Section 7 below. However, the Services may not be available when our computer systems used to provide the Services are under repair or maintenance.
We are continually seeking to improve the Services. We may, at our discretion, modify or discontinue any of the Services or content or a portion of the Service, provided such modification or discontinuance does not materially reduce the nature of the Services we provide to you. If such modification or discontinuance does materially reduce the Service, you may cancel the Services in accordance with Section 7 below.
All transactions are protected by secured socket layer, firewall technology and are also encrypted to a minimum of 128 bits.
Use of Information
All information delivered to you by us during the provision of the Services ("the Information") belongs to you. Any use of Information not in accordance with this Agreement entitles you to cancel this Agreement.
You may display the Information on a computer screen or take copies of the Information or store the Information in electronic form on a computer.
Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit how the information is presented. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from us:
Remove any copyright or trade mark notice applied to any of the Information;
Create a database in electronic or structured manual form by systematically downloading and storing all or any of the Information.
Cancellation and Refunds
You may cancel the Services and this Agreement at any time. However, because we begin to set up and provide the Services immediately following completion of Registration, you will not be permitted to cancel this Agreement as provided by regulation 10 of the Consumer Protection (Distance Selling) Regulations 2000.
If you cancel the authority for us to charge the Fee to the Payment Card, we will treat this a as a request by you to cancel this Agreement.
In relation to the information storage and presentation service, depending on when you cancel the Services and this Agreement you may be entitled to receive a refund of all or part of the Fee. Your cancellation must be communicated by contacting our Customer Service department by telephone (see Contact Details). Your refund in respect of the information storage and reporting service Fees (if any) will be calculated up to the date we receive your notice of cancellation ("the Notice Date"). We may also suspend or cancel your Registration and terminate your use of the Services immediately if we notify you that (i) we reasonably believe that your use of the Services is excessive or is likely to degrade the performance of the Services for other accounts subscribed to it (ii) you have committed a serious breach of these Conditions or (iii) if you become bankrupt.
Without affecting your rights under Clause 7(c) above, we may also cancel your account and terminate your use of the Services by giving you notice provided that such termination will not take effect until the end of the current Month.
Your entitlement to receive the Services at the level of your subscription for your account package ends if the Services are cancelled (whether cancelled by you or us). If you re-register for the Services at a later date (and successfully complete Registration) then you will pay the fee which applies to the Services at the time you re-register.
Liability
We have no other liability for any problems, delays or defects in the Information if such problems, defects or delays are caused by any event or circumstances beyond our reasonable control;
We do not accept any liability to you for any indirect or consequential loss or damage arising out of the Information or your use of the website;
Nothing in these Conditions limits our liability to you for death or personal injury resulting from our (or our employees or sub-contractors) negligence or for any other liability that we cannot legally avoid.
Privacy
We take your privacy very seriously and aim to comply with the relevant provisions of UK data protection legislation. Any information given to us by you or collected by us during your use of the website is only used in accordance with the Conditions of our Privacy Policy.
Third Party websites
The website may contain links to other World Wide Web websites, either directly or through frames and, where possible, we will make clear where such links are being made. The availability of such third party material does not constitute any form of recommendation, endorsement or publication of such third party material by us. Those websites are provided by independent third parties and we are not responsible for their availability or content.
Any arrangements made between you and any third party named on this website or linked to from this website are at your sole risk and responsibility.
You may not link to the website without our prior written permission.
Changes to these Conditions
Sometimes, because of changes to the Services, changes in the law or our arrangements with third parties, we may have to make changes to these Conditions. Changes will be indicated at the start of these Conditions by reference to the date on which they were last modified which may be after the date on which you complete Registration. It is important, therefore, that you regularly check these Conditions. If you use the website after we have notified you of the changes to these Conditions (either by email or on the website), you agree to be bound by those changes. If you do not agree to be bound by those changes, you should not use the website any further and cancel this Agreement in accordance with Section 7.
Third Party Rights
Only you and we have legal rights under these Conditions. Under the Contract (Rights of Third Parties) Act 1999, no-one else will be able to enforce any part of the Conditions.
Law
These Conditions shall be governed by and understood in accordance with English law.
You and we agree that the Courts of England shall have the exclusive jurisdiction to determine any disputes which may arise out of, under, or in connection with this Agreement.
General
The contract for the Services can only be concluded in English.
The rights granted in this Agreement are personal. You may not assign, sub-license or otherwise transfer any of your rights under these Conditions.
If a court finds any part of these Conditions to be invalid such part will be deleted and the remaining parts of these Conditions should be unaffected.
If either of us fails to exercise any right or legal remedy available to either you or us any such failure shall not prevent you or us from relying on these at a later date.
Headings in these Conditions are for convenience only and will have no legal meaning or effect.
If you have any questions about these Conditions please contact us.