By signing up for any of our services you agree to be bound by all the Terms and Conditions listed here.

Mobizimo STANDARD TERMS AND CONDITIONS

1. DEFINITIONS

"Mobizimo" means the Mobizimo organisations
"Customer" means the organization which has signed up to use one or all of the services supplied by Mobizimo
"Customer Order Form" means the order form completed by the Customer requesting the use of Mobizimo's services.
"Agreement" means the Agreement between the parties which incorporates these Standard Terms and Conditions and the Customer Order Form
"Fees" means the Fees as published by Mobizimo on the Mobizimo web site
"Service" means the service provided by Mobizimo under this Agreement, as further defined in Clause 2

2. THE SERVICE

2.1. Subject to payment of the Fees and the terms of this Agreement. Mobizimo shall provide a hosted solution for business applications as described on the Mobizimo website and in the literature that can be downloaded from the Mobizimo website. (the "Service")
2.2. Mobizimo undertakes to deal with all support issues relating to the Service quickly and efficiently and will strive to achieve an amicable solution efficiently with the minimum of delay incurred to the Customer. Support issues relating to the service may be submitted via email to support@mobizimo.com
2.3 Mobizimo will use reasonable efforts to supply a continuous service. However, Mobizimo is not liable for any loss of data resulting from delays outside of their control, missed or non-deliveries, service interruptions or by errors or omissions of the Customer.
2.4. From time to time Mobizimo or its sub-contractors need to carry out maintenance on the network, which may involve temporarily shutting parts of it down. Mobizimo will give as much notice as possible and shall try to keep this work to the period specified in the notice.

3 TERM OF AGREEMENT

This Agreement shall come into force on the service activation date as requested via the Customer Order Form and shall continue in force until the Agreement is terminated by one of the parties.

4. TERMINATION OF SERVICE

4.1 The Customer may terminate this Agreement with no notice during the first four months of use (which includes the first free trial month), thereafter 3 months notice is required. The Customer must pay all Fees for the Service until the date on which the termination notice expires. If the customer stops using the service during the termination period, then the fees due will be calculated at the minimum resource level of 5 active resources, at the then prevailing monthly rate.
4.2 Mobizimo may suspend the Service immediately upon breach by the Customer of any of the terms and conditions of this agreement, including, without limitation, late or non-payment of monies due.
4.3 Mobizimo may at any time terminate this Agreement giving 90 days notice to the Customer.
4.4 Either party may terminate this Agreement immediately, on notice, if the other commits a material breach of this Agreement and fails to remedy the breach within 10 days of a written notice to do so.


5. CHARGES

5.1 All sums payable under the Agreement shall be in pounds sterling and shall be exclusive of VAT
5.2 All Fees are published on the Mobizimo web site. Mobizimo reserves the right to change the Fees at any time giving 90 days notice.
5.3 All payments shall be via by Direct Debit. SMS only accounts can purchase bulk messages and pay on invoice by cheque or BACS.
5.4 Mobizimo will invoice the Customer on the last day of each month based on the usage of the Service for the month.
5.5 Payment terms are 10 days from the date of the invoice.
5.6 The Customer is liable for all charges levied by their telephone service provider arising from the Customer's use of the Service.

6. LIMITATION OF LIABILITY

6.1 Mobizimo shall not be liable to pay to the Customer any damages whatsoever representing indirect or consequential loss or damage howsoever arising.
6.2 Mobizimo makes no warranties of any kind, expressed or implied for services that are provided. Whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Mobizimo cannot guarantee to be able to replace lost data. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by Mobizimo and its employees.
6.3 Refund at the option of Mobizimo is the exclusive remedy if there is a defect.

7. CONFIDENTIALITY

Each party ("the receiving party") shall at all times during the continuance of this Agreement and after its termination:-
7.1 maintain confidential all information given to him by the other party ("the disclosing party") at any time in respect of the business and affairs of the other party, whether initially disclosed orally or in writing, or in the form of samples, models, computer data or software, or by demonstration or otherwise, which is by its very nature confidential or is previously identified or indicated to the receiving party by the disclosing party as being confidential information ("the Information");
7.2 not use the Information other than for the purposes of this Agreement;

8 FORCE MAJEURE

If either party's performance of its obligations is affected by Force Majeure it shall forthwith notify the other party of the nature and extent thereof. If by reason of Force Majeure, either party is unable to perform or there are delays by such party in the performance of any such obligation, then in the event that Force Majeure affects such party's obligations, such party's performance of any such obligation shall be suspended as long as the Force Majeure continues and the time for performance of that obligation shall be extended accordingly, and the party otherwise in default shall not in any event be liable to the other party for any loss or damage whatsoever and howsoever arising (whether direct or indirect loss or damage) incurred or suffered or for any breach of any of the terms of the Agreement by reason of such Force Majeure.

9 GENERAL PROVISIONS

9.1 Mobizimo may change the provisions of this Agreement (including the charges) at any time, provided that Mobizimo gives the Customer notice of the changes at least 90 days before the change is to take effect at which time the Customer may terminate this Agreement if the change materially affects the Service.
9.2 This Agreement represents the entire understanding between the parties in relation to its subject matter and supersedes all agreements and representations made by either party, whether oral or written.

10. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English Courts in respect of the interpretation of and any dispute arising under the Agreement.

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Please note: by signing up for any of our services you agree to be bound by all Mobizimo terms and conditions

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