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Service Agreement |
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September 2008
1. Introduction
1.1 This Agreement is between Nunera Limited (Company number 06437105) whose registered office is at 45 Fielding Way, Morley, Leeds, LS27 9AB ("we", "us and "our") the provider of the service detailed in condition 3 below ("the Service") and you, the customer who is subscribing to receive the Service ("you").
1.2 This Agreement is subject to the following terms and conditions.
2. Commencement
2.1 This Agreement shall commence as soon as we issue you with an electronic mail confirming your subscription to the Service and that our charges have been paid in accordance with condition 4.
3. Term and renewal
3.1 Once this Agreement has commenced, it shall continue on a rolling 30 day basis, unless and until terminated by you.
4. Charges
4.1 The charges payable for the Service are $40.00 (forty dollars) per 30 day period. ("the Charges").
4.2 On the anniversary of each 30 day period, you agree that we shall have the right to use your credit, debit or charge card details for the purpose of processing the Charges payable by you for the subsequent 30 day period of Services.
4.3 If the payment referred to in condition 4.2 is not made, we reserve the right to suspend the Service or terminate this Agreement, immediately and without further notice.
4.4 We reserve the right to increase or decrease our Charges from time to time. We will give you at least 7 days written notice before making any changes to our charges.
5. The Service
5.1 The Service is described on our website which can be accessed at http://www.nunera.com/terms.php
5.2 A component of the Service is that you are automatically entitled to benefit from our affiliate scheme. As part of the affiliate scheme (full details of which are available on our website which can be accessed at http://www.nunera.com/affilliate.php):
(a) we will pay you 50% of the charges received by us for each successful referral made by you through the affiliate scheme ("Commission");
(b) the Commission shall be payable through PayPal 30 days after request of payment has been received. No payments will be made for amounts totalling less than $100.
(c) your right to receive the Commission will terminate in the event that this Agreement is also terminated.
5.6 We will provide the Service using reasonable skill and care and in accordance with the terms of this Agreement.
6. Early Termination
6.1 We reserve the right to terminate this Agreement if:
(a) you infringe our acceptable use policy which can be accessed at http://www.nunera.com/terms.php;
(b) you do not do what you are required to do under the terms and conditions of this Agreement;
(c) you become bankrupt or make any arrangement with creditors or go into liquidation or become subject to an administration order or a receiver is appointed over any of your assets.
7. Data Protection
7.1 You authorise us (or our sub-contractors) as your agent to enter you into free prize draws and/or competitions on your behalf. In doing so, we (or our sub-contractors) will disclose your personal data to third party promoters, which you consent to allow us to do.
7.2 In entering you into free prize draws and/or competitions, we will use our reasonable endeavours to protect your personal data from being misused by the third party promoters.
7.3 We will process your personal data in accordance with our data protection statement, which can be accessed at http://www.nunera.com/dataprotection.php.
8. How your cancellation rights are affected
8.1 The Consumer Protection (Distance Selling) Regulations 2000 ("the Regulations") apply to this Agreement. The Regulations give you a 7 day cooling off period, in which you can cancel this Agreement and obtain a refund of the Charges.
8.2 Under the Regulations, the 7 day cooling off period will not apply where performance of such service has already commenced with the consumers agreement.
8.4 You acknowledge and agree that the Service will commence before the expiry of the 7 day cooling off period and accordingly, you will not have any right to obtain a refund.
8. General
8.1 If you are acting as a consumer, these terms and conditions shall not affect any of your statutory rights.
8.2 We may assign this Agreement or any part of it to any third party. You shall not be entitled to assign this Agreement or any part of it without our prior written consent.
8.3 This Agreement shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
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