AbleStable
Website Critique: Terms and Conditions
1 Definitions
1.1 'Website Critique' refers to the four kinds of
website critique service available at AbleStable®
(SnapShot Critique, Standard Critique, Express Critique,
and Premium Critique). 'Website Owners' refers to
the commissioning individual or business of the Website
Critique. 'Website' refers to the site being critiqued.
2 Permissions
2.1 Website Owners have the authority to permit
the Website to be viewed by the Director of AbleStable®.
2.2 Any trademark depicted on the Website Owners'
Website, is the property of the trademark owner, who
retains the rights to said trademark. Republished
items may also be subject to copyright or other protection.
Accordingly, the presentation by AbleStable® of
any item in the Website Critique constitutes a license
or permission to use such item for the sole purpose
of the Website Critique. Downloading, copying, transmitting
or any other use of the displayed item is prohibited.
2.3 At no time may anyone state or imply, directly
or indirectly, that Website Critiques (in part or
whole) are written by another individual. If an extract
is quoted from a Website Critique, it must be attributed
to the Author and quoted with reference to the Critique
document.
3 Liability
3.1 No liability will be incurred by AbleStable®
as a direct result of, or influence by, a Website
Critique written for Website Owners. Although every
effort will be made to produce accurate information
for critiques, AbleStable® will not be held responsible
for any actions taken as a result of errors that may
be inadvertently present within a Website Critique.
3.2 AbleStable® shall not be under any liability
to Website Owners in any way whatsoever for any failure
to perform any of its obligations as a result directly
or indirectly of: war; rebellion; civil commotion;
strike; lock-out; industrial dispute; fire; explosion;
earthquake; acts of God; flood; drought; bad weather;
electricity or other power failure system failure;
or the requisitioning or other act or order by any
government department council or other constitutional
body.
4 Data Protection
4.1 All personal information presented to AbleStable®
is kept strictly confidential and in accordance with
the Data Protection Act 1998/2000/2001 (United Kingdom).
You may view our entry at Data
Protection.
5 Proprietary Rights to View
and Publish Content
5.1 Website Owners grant the Director of AbleStable®
permission to view and record any materials necessary
to critique the Website. Furthermore, Website Owners
grant permission to take screenshots of the Website,
and to use text or source code from the Website, for
the sole purpose of including these screenshots, text,
and source code in the finalised pdf Critique Document
for illustrative purposes.
6 Payments
6.1 After placing their order for the service
of their choice Website Owners are redirected to WorldPay's
secure server to enter their card details and make
the financial transaction. AbleStable® never receives
or stores card details.
6.2 AbleStable accepts the following credit card payments:
Switch; Solo; Visa; Delta; Eurocard; American Express;
M-Pay.
6.3 Website Owners may pay in UK Pounds Sterling;
US Dollars; or Euros.
6.4 Website Owners must pay for each Website Critique
they wish to be undertaken. Submitting a second
Website
Owners Review at a later date using the same
WorldPay payment CartID will be ignored.
6.5 Website Critique upgrades are not available as
websites may have undergone significant changes since
the first AbleStable® Website Critique was undertaken.
Differences might include issues surrounding: server
identity and performance, visual redevelopment, changes
to editorial copy, and improvements in usability and
accessibility.
7 Commitments
7.1 Upon receipt of an order and confirmation
the credit card has cleared funds, Website Owners
are redirected to a special non-public area of AbleStable
which provides resources and information about the
Website Critique service.
7.2 When Website Owners have read their Website Owners
Guide and have prepared their answers for the Website
Owners Review, they must connect to the Internet,
and open the special Website Owners Review page. After
completing the Website
Owners Review, Website
Owners then submit the Website Owners Review
form. On receipt of this form, the critique process
will commence. The Critique will cover all the Commitments
outlined under the Website Critique service at www.ablestable.com
which the Website Owner has paid for (SnapShot Critique,
Standard Critique, Express Critique, and Premium Critique).
7.3 'SnapShot', 'Standard' and 'Premium' Critiques
will be emailed to Website Owners within five days
after receipt of the Website Owner Review (in exceptional
circumstances there may be a short delay to this commitment).
7.4
Express Website Critiques will be emailed to Website
Owners within 72 hours after receipt of the Website
Owner Review (in exceptional circumstances there may
be a short delay to this commitment).
8 Indemnification
8.1
Website Owners agree to defend, indemnify and hold
harmless AbleStable®, its parents, subsidiaries,
affiliated companies, officers, employees, licensees,
distributors and ICPs from all losses, liabilities,
claims, demands, damages or expenses, including reasonable
attorney's fees, (i) arising from breach of this Agreement,
or (ii) asserted by any third party due to or arising
from or in connection with your use of AbleStable's®
Website Critique service. AbleStable® reserves
the right, at its own expense, to assume the exclusive
defence and control of any matter otherwise subject
to indemnification by you hereunder, which shall not
excuse your indemnity obligations.
9
Termination
9.1 Either Website Owners or AbleStable®
may terminate this agreement at any time with or
without cause. Website Owners' only right with respect
to any dissatisfaction with the Website Critique
service is to terminate their account with AbleStable®
by notifying AbleStable® support of their desire
to terminate this service by email. Their notice
of termination will be effective upon receipt by
AbleStable®, or upon receipt of confirmation
if confirmation is requested.
9.2 If a Website Critique has been paid for and
is terminated by the Website Owners with or without
cause no refund will be applicable.
9.4 If a Website Critique has been paid for and
is terminated by AbleStable® with or without
cause, a full refund will be provided.
10
Ethical Policy
10.1 AbleStable® reserves the right
to immediately terminate this agreement without
discourse if it discovers Website Owners either
employ child labour, or are involved in the production
or distribution of pornography, or gambling websites.
11 Copyright
11.1 All rights in the site design, text,
graphics and other content, interfaces and the selection
and arrangements thereof, all software compilations,
underlying source code, and software belong to AbleStable®.
All rights reserved. No part of this web site may
be copied, performed in public, broadcast or adapted
without the prior written permission of AbleStable®.
11.2 If you have any outstanding questions please
email support@ablestable.com
12 Entire Agreement and Modification
of Agreement
12.1 This Agreement comprises the entire agreement
between AbleStable® and Website Owners, and
supersedes any prior agreements between AbleStable®
and Website Owners with respect to the subject matter
hereof or thereof. However, Website Owners are subject
to any additional terms and conditions of which
you are notified and/or which may apply.
12.2 AbleStable®
reserves the right, at its discretion, to revise
this Agreement at any time, and such revision shall
be effective immediately upon the posting of the
revised Agreement at the Web Site www.ablestable.com.
Website Owners agree to review the Agreement periodically
to become aware of such revisions. If any such revision
is unacceptable to Website Owners, Website Owners
may terminate their Website Critique service.
12.3 Website Owners receipt of the completed Website
Critique that is sent to them via email shall be
conclusively deemed to be acceptance of all such
revisions, and concludes the Commitments and contract
between Website Owners and AbleStable® with
respect to the AbleStable® Website Critique.
12.4 AbleStable® site design is the copyright
of AbleStable® © 2002-2008.
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