Using izudoo.com Business Members Terms and Conditions
| 1.0 DEFINITIONS | | The following words and expressions shall have the following meanings: | | 1.1 | Account: our records of your payments and outstanding Charges, plus your personal details. | | 1.2 | Age restricted services: any Services which are specified for use only by customers over a specific age. | | 1.3 | Billing date: the day on which your billing statement will be issued after your account has been activated. | | 1.4 | Charges: all charges for Services, as published in our periodically updated Price Guide. These include any reasonable administration charges. | | 1.5 | Customer communication: information made available to you by izudoo which provides information on izudoo services. It may be distributed via online or in mailings to some or all izudoo customers. | | 1.6 | Contract: these terms and conditions which are binding on both you and izudoo for the use of izudoo services. | | 1.7 | Deposit: refundable amount that izudoo may ask you to pay before we provide any Service. | | 1.8 | Minimum term: the minimum period for the supply of izudoo Services as specified in your subscription plan commencing on the date of Registration, where no period is specified in the subscription Plan a minimum period of 12 months from the date of Registration will apply. | | 1.9 | izudoo Additional Service: optional Services (including but not limited to modules such as; what's on today, business alerts, target location, and additional advertising provided by izudoo) which may cost extra whether they are supplied in conjunction with subscription Plans or outside your Subscription Plans. | | 1.10 | izudoo: izudoo Ltd or any organisation that may succeed it as the assignee of this Contract. Referred to in this Contract from time to time as "we" "us" or "our". | | 1.11 | Price Guide: a list of our current Charges which is updated from time to time and is available from us upon request. | | 1.12 | Registration: our acceptance of your application for Services and our record of your data and any User data prior to Connection. "Register" has a corresponding meaning. | | 1.13 | Services: all services provided including izudoo Additional Services, provided or procured by us for you to use. | | 1.14 | Subscription Plan: a number of services offered by izudoo which could also include but not be limited izudoo Additional Services and/or additional discounts offered by izudoo for an agreed monthly or other periodic payment. | | 1.15 | Suspension: the temporary disconnection of Services. "Suspend" has a corresponding meaning. | | 1.16 | User: you, or another person(s) named by you, who is authorised to incur Charges to your Account. | | 2.0 YOUR CONTRACT AND THE MINIMUM TERM | | 2.1 | your Contract runs for at least the Minimum Term
your Contract starts on the date of Registration and will continue for the Minimum Term of 30 days where you must give izudoo 30 day's notice if you wish to cancel your contract. The contract will be terminated on the next billing date after this notice period has elapsed. | | 2.2 | what happens when the minimum term ends
After the Minimum Term ends, we will continue to supply you with Services as normal until your Contract is terminated in any of the ways described in Section 4. | | 2.3 | Minimum term for izudoo Additional Services
The minimum term for subscribing to an izudoo Additional Service is 12 months unless it is stated otherwise. You have limited rights to terminate your Contract during the Minimum Term as described in Section 4. | | 3.0 PROVISION OF SERVICES | | 3.1 | what we aim to provide
We will take all reasonable steps to make the Services available to you at all times. | | 3.2 | Services may sometimes be affected by maintenance and upgrading The Services may from time to time require upgrading, modification, maintenance or other works. These may result in some or all of the Services becoming temporarily unavailable. In such cases, we'll do everything we can to keep the period of non-availability to a minimum. However, some interruption may be inevitable. | | 3.3 | suspension of Services
We may suspend some or all of the Services you use, without giving you notice if:
3.3.1 we have good reason to believe that you haven't complied with one or more of the terms of your Contract
3.3.2 you don't pay your bill within the time stipulated in Condition 6.2;
3.3.3 we also reserve the right to Suspend Services if a complaint has been made against you. The complaint will be thoroughly investigated, and Services will remain suspended until we know the results of that investigation. Any complaint you make will similarly be thoroughly investigated
3.3.4 we have good reason to believe that your account is being used for fraudulent or improper purposes knowledge of the person named or that an application is unauthorised or contains false particulars | | 3.4 | You will remain liable for all monthly or other periodic Charges during any period of Suspension. | | 3.5 | suspension of izudoo Additional Services
We reserve the right to change, suspend or withdraw part or all of any izudoo Additional Service on giving reasonable notice. | | 3.6 | monitoring the Services you use
For the purposes of good management and security and to make sure we follow your instructions correctly and to improve our service to you through training of our staff, or to monitor instances of unsolicited messages we may monitor or record communications. Where we have good reason to believe such communication is unsolicited you agree we may but are not obliged to block such communication. | | 3.7 | You agree that izudoo has no responsibility for the deletion, corruption or failure to store any Content maintained or transmitted on its website. | | 3.8 | Access to the Services and Content
Under no circumstances will izudoo or any of the other parties involved in the provision of izudoo Content, be liable for any losses, damages, costs or expenses arising from or in any way connected with any errors, defects, interruptions, malfunctions or delays in Content or the provision of Content. izudoo agrees to rectify any such problems in the Content which are notified to izudoo as soon as izudoo reasonably can. If you do notice a fault or error in the Content, please notify the fault to izudoo. | | 3.9 | Access to the third party services and the internet
We have no control over the value or quality of goods, services or Content offered by third parties on or through the Services. As a result we cannot be responsible or liable in any way for and do not endorse, any of these goods, services or Content. | | 3.10 | The Services may be used by you to access websites worldwide. izudoo accepts no responsibility for the Content or services in respect of these and you agree to conform with the instructions issued by those websites and networks relating to your use of those services. | | 3.11 | Age Restricted Services
You are not permitted to access our Age Restricted Services (if any) if you are below the age specified to access the Services. If you are allowed to access the Age Restricted Services by virtue of the fact you are the specified age or older you must not show or send Content from the Age Restricted Services to anyone below the specified age. If you let anyone under the specified age use your account you must ensure you deactivate access to the Age Restricted Services. | | 4.0 YOUR RIGHTS TO TERMINATE THIS CONTRACT | | 4.1 | terminating your Contract after the Minimum Term
You may terminate your Contract to expire at anytime after the Minimum Term by giving us at least one month's notice. You are free to restore your Contract throughout this notice period, should you change your mind. | | 4.2 | terminating your Contract during the Minimum Term
You may terminate your Contract before the Minimum Term has expired if you pay us:
4.2.1 all Charges that are due, plus
4.2.2 a lump sum equivalent to the total of all the monthly or other periodic Charges still remaining on your initial Minimum Term agreement (except in the circumstances set out in Conditions 4.3). | | 4.3 | terminating your Contract because izudoo has changed its terms
You may also terminate your Contract if we vary its terms, resulting in an excessive increase in the Charges or changes that alter your rights under this Contract to your detriment. In such cases you would need to give us at least 14 days written notice prior to your Billing Date (and within one month of us telling you about the changes). However this option does not apply if:
4.3.1 we have increased the Charges by an amount equal to or less than the percentage increase in the All Items Index of Retail Prices published by the Central Statistical Office in the Monthly Digest of Statistics in any 12 month period; or
4.3.2 the variations we have made have been imposed on us as a direct result of new legislation, statutory instrument, government regulation or licence; or
4.3.3 the variation relates solely to an izudoo Additional Service, in which case you may cancel that izudoo Additional Service in accordance with Condition 11.1. | | 4.4 | terminating your contract because izudoo is no longer able to provide its main service
If, for reasons beyond our control, we are no longer able to provide its main Services, we will at our discretion:
4.4.1 accept written notice from you that you wish to terminate your Contract. In such cases we will refund any pre-paid Charges that have not been used up. | | 4.5 | termination of your Contract by izudoo
We may terminate your Contract immediately at any time in respect of any or all the accounts operated by you, in whole or in part, by giving you written notice if:
4.5.1 you fail to pass any credit assessments which we may reasonably consider to be necessary from time to time
4.5.2 you fail to pay any of your bills from izudoo on time
4.5.3 we have good reason for believing that any information you have given us is false or misleading
4.5.4 you become insolvent within the meaning of Section 123 of the Insolvency Act 1986, or 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 or if we have good reason for believing that you are unable to pay the Charges
4.5.5 in addition, we may terminate your Contract at any time after the Minimum Term has expired by giving you at least one month's written notice. | | 4.4 | termination of your contract by izudoo without written notice
We reserve the right to terminate your contract immediately at any time in respect of any or all of the accounts operated by you, in whole or in part without notice to you if:
4.6.1 we have good reason for believing that you have breached Conditions 6.4.2, 6.4.3, 6.4.4 or 6.4.5, 6.4.7, 6.4.8, 6.4.9, 6.4.10 or
4.6.2 you haven't complied with one or more of the terms of your Contract and do not correct the breach within 7 days of being asked by us in writing to do so. | | 5.0 EFFECT OF TERMINATION OF THE AGREEMENT | | 5.1 | When this Agreement is terminated, your account will be Deleted and you will no longer be able to use the Services. | | 5.2 | what to do after Termination of your Contract
Termination of your Contract is subject to you paying us any money you owe us and us paying you any money we owe you. After termination, it is your responsibility to cancel any direct debits, standing orders, credit card mandates or other authorisations you may have given for periodic payments to be made to us by third parties. | | 6.0 YOUR RESPONSIBILITIES | | 6.1 | when your payments are due
Ordinarily we will invoice you monthly by email in advance for monthly charges which are non-refundable and monthly in arrears but we reserve the right to amend the invoicing period and submit interim invoices to you. The Connection charge will be included on your first invoice. VAT will be added to all invoices at the relevant rate where applicable. Payment is due when you receive your invoice.
6.1.1 you will be responsible for paying all Charges on your Account, whether or not they have been accrued by you personally. You will also be responsible for any extraordinary costs incurred in administering your Account, including collecting any payments. If your account has been Deleted, either at your request or ours, you will remain responsible for paying any outstanding Charges.
6.1.2 you must make your payment when you receive your invoice and by one of the payment methods stated on your invoice subject to clause 6.3. However we may also submit an interim bill or require an immediate payment if we think you have exceeded a reasonable limit on your Account. | | 6.2 | penalties for overdue payments
If payment is not made within 14 days of its due date, we may charge interest on all sums outstanding at the rate of 2% above the base rate of HSBC Bank. This interest will be charged on a per annum basis calculated daily. | | 6.3 | payment methods
Ordinarily we will accept payment of Charges, direct debit and electronic transfer, but we reserve the right to refuse any payment method if we have reasonable cause to believe such payment will be dishonoured.
6.3.1 we reserve the right to charge an administration fee each month for payments not made by direct debit
6.3.2 we may arrange for invoices to be issued by a third party on our behalf. Invoices issued by such third party shall be binding on you and payment of such invoices in full to the third party will be a valid discharge of your liability to pay such invoices under this Agreement. | | 6.4 | things that you agree to do
Recognising that good management and security of the Services is important to all izudoo customers, you
6.4.1 provide whatever proofs of your identity and address that we consider reasonably necessary from time to time. Whilst photocopy or fax copies are usually acceptable we do reserve the right to request the original document.
6.4.2 keep confidential, and not disclose to any third party, your Account password or any personal identification code, number or name issued by us permitting access to the Services.
6.4.3 not use the Services for any improper, immoral, fraudulent or unlawful purposes or for the sending of any communication or storing any data which is of an offensive, abusive, indecent, obscene or menacing nature.
6.4.4 not cause, nor knowingly allow others to cause, any nuisance, annoyance or inconvenience, whether to us or to any of our customers, by any means including the use of your account for persistently sending unsolicited communications without reasonable cause.
6.4.5 not act in a way, whether knowingly or otherwise, which will impair the operation of izudoo.com or any other izudoo website, or put it in jeopardy.
6.4.6 comply with any reasonable instructions issued by us which concern your use of the Services, and co-operate with us in our reasonable security and other checks (which may include us making phone calls to you).
6.4.7 not send or upload anything that is copyright protected (unless you have permission) or which in any way breaches the intellectual property rights of any third party.
6.4.8 not copy, modify, store, forward, publish or distribute the Services or their Content without our express permission.
6.4.9 not to re-sell, re-supply or otherwise distribute the Services without the prior written agreement of izudoo.
6.4.10 not to circumvent the Age Restricted Service mechanisms.
| | 7.0 MULTIPLE USERS | | 7.1 | Where there are one or more Users other than you under your Contract, you remain responsible:
7.1.1 for ensuring the Services are used in accordance with this Contract and
7.1.2 for all Charges incurred to your Account by those Users. | | 8.0 INFORMATION SUPPLIED BY YOU | | 8.1 | the details you give us must be correct
By applying for Registration or for izudoo Additional Services, you undertake to provide your correct name, address and other factual information. You also confirm that:
8.1.1 the person stated to be authorised to sign for a company or firm is duly authorised.
8.1.2 any individual applying as a member of a company is of full contractual capacity and is able both to pay for the Services he or she has requested and to meet his or her other obligations under your Contract.
8.1.3 You must also tell us if your details change. | | 8.2 | what happens if we suspect the details you give us aren't correct
If we suspect, on reasonable grounds, that information has been supplied to us without the knowledge of the person named, or that an application is unauthorised or contains false particulars, we may delay Connection or Suspend your Services while we investigate further. Following our investigation, we will Connect or reinstate the Services unless we have grounds to terminate. You acknowledge that you will have no claim against us in respect of any delay or Disconnection caused as a result of the operation of this Condition. | | 9.0 CREDIT ASSESSMENTS | | 9.1 | your application is subject to credit status
All applications for Registration and izudoo Additional Services could be subject to credit assessment before we can activate your account. In considering your application we will search your record at the licensed credit reference agencies. They will add to your record details of our search and your application. We will use credit scoring and or other automated decision making systems when assessing your application. If our assessment of you does not meet our normal requirements we reserve the right to decline to Connect you or to supply izudoo Additional Services or to decide an appropriate credit limit on your Account. Alternatively, we may ask you to lodge a Deposit with us before we Connect you. If you believe our assessment of you is incorrect, we will review your eligibility. However, we cannot accept responsibility for the accuracy of information provided from the databases of credit reference agencies. Nor can we accept any liability for the consequences of our declining to Connect you. | | 9.2 | We may also check your details with fraud prevention agencies who will record details of any false or inaccurate information provided by you where we suspect fraud. We or other organisations may use and search these records to:
9.2.1 help make decisions about credit and credit related services, for you and members of your household
9.2.2 help make decisions on motor, household, credit, life and other insurance claims, for you and members of your household
9.2.3 trace debtors, recover debt, prevent fraud, and to manage your Accounts or insurance policies
9.2.4 check your identity to prevent money laundering, unless you furnish us with other satisfactory proof of identity. | | 9.3 | We may also disclose details of how you conduct your Account to such agencies. The information will be used by other credit grantors for making credit decisions about you and the other members of your household, for fraud prevention, debt recovery, money laundering prevention, tracing debtors and Account management. For these purposes we or they may make further searches. Although these searches will be added to your record they will not be shared by others. | | 9.4 | Please contact us if you would like details of these credit reference and fraud prevention agencies from whom we obtain and to whom we may pass information about you. You have a legal right to this information, if we have actually checked your details with one of these agencies. | | 10.0 DEPOSITS | | 10.1 | deposits are held for 12 months
We may request a Deposit from you:
10.1.1 before Connection
10.1.2 before making izudoo Additional Services available to you, or
10.1.3 before reinstating the Services after Suspension.
10.1.4 if you fail to pass any credit assessments which we reasonably consider to be necessary from time to time | | 10.2 | Deposits will be held for 12 months from the date of receipt and then refunded upon request. We do not pay interest on Deposits. If you owe us money, we may set off Deposits against the amount due to us. If there is a balance left over in such cases, we will remit this to you or credit your Account. | | 11.0 CHANGES TO YOUR CONTRACT | | 11.1 | we reserve the right to make changes to your Contract
When you Register you are asked to choose a subscription Plan and to indicate which izudoo Additional Services you require. You may switch to a higher subscription Plan at any time. You may switch to a lower subscription Plan as often as you like after 6 months following your Connection to the Network, unless otherwise stated. In the event you do switch subscription Plan and add to or cancel izudoo Additional Services you must give us not less than 10 days notice before your Billing Date (subject to the terms of any promotional offers you have accepted). We do, however, reserve the right to vary the terms of this Contract from time to time and to make changes to your subscription Plan. We acknowledge that if we do increase the Charges, withdraw izudoo Additional Services or introduce new mandatory Charges - or if your contractual rights are affected to your detriment - you may terminate your Contract in accordance with Condition 4.3. If you do not give notice within one month of our notifying you of any change(s), you will be taken to have accepted the change(s). | | 11.2 | new services
We are continuously enhancing our existing Services as well as adding new services, particularly izudoo Additional Services. Charges for, and any special terms and conditions attached to izudoo Additional Services will be notified in Customer Communication. The terms of your Contract, including Charges current on the date when you take up the offer of any izudoo Additional Service, will apply to it, subject to any special promotional offer made by us and accepted by you. | | 12.0 CUSTOMER COMMUNICATION | | 12.1 | please read all the information we send you
We update our Customer Communication from time to time. Information on various topics is emailed to Customers with their monthly billing statements and is available on request from us. You are asked to read your Customer Communications and to keep those which are emailed to you until they are superseded. We regard you as having been given any information if it is either:
12.1.1 included in a mailing addressed to you
12.1.2 by telephone, voicemail, email text or other form of electronic message.
12.1.3 communicated directly by any means. | | 13.0 LIABILITY | | 13.1 | circumstances in which neither of us accepts liability
Except as provided in this Condition 13, neither party shall be liable to the other, whether in contract or tort nor otherwise, for any loss or damage which is:
13.1.1 not the fault of the other party
13.1.2 indirect and/or not reasonably foreseeable
13.1.3 loss of business, profits, savings, revenue, use or goodwill, or for any loss or corruption of data whether caused to the other party through any breach of your Contract or any matters arising under it. Neither party excludes liability for negligent acts or omissions causing death or personal injury to any person. | | 13.2 | maximum liability of izudoo
Subject to Condition 13.1, our legal liability shall in no circumstances exceed the total charges payable by you for your subscription plan in a particular calendar year. | | 13.3 | factors beyond our control
We will not be liable to you if we are unable to perform an obligation or provide the Services to you because of any factor outside our control, including but not limited to Acts of God, industrial action, default or failure of a third party, war, terrorist act, governmental action, or by any act or decision made by a court of competent jurisdiction. | | 13.4 | your maximum liability
Subject to Condition 13.1, your liability is limited to payment of all outstanding Charges due in accordance with the provisions of your Contract. | | 14.0 GENERAL | | 14.1 | changes to your Contract
Subject to Condition 14, your Contract may be varied or amended only by the express mutual agreement of both parties. A party seeking to rely on such variation or amendment must produce evidence of the other party's agreement to it | | 14.2 | disclosure of information to third parties
You agree to the disclosure to any telecommunications company, debt collection agency, credit reference agency, credit or fraud monitoring scheme, security agency or credit provider of:
14.2.1 any information relating to your Contract, including your personal financial information and details of how you have performed in meeting your obligations under your Contract
14.2.2 any disclosure as may be within our Data Protection Act registration
14.2.3 any disclosure required as a result of an order of any court of competent jurisdiction or by statutory authority. | | 14.3 | Your information
izudoo will use your information which you provide to us together with other information for administration, marketing, credit scoring, customer services, and web use preferences, and profiling your purchasing preferences. We will disclose your information to our service providers and agents to help us with these purposes. We will keep your information for a reasonable period after your contract with us has finished in case you decide to use our Services again and may contact you about our Services during this time. | | 14.4 | By registering with izudoo you consent to us sharing your information with other companies outside the Group who are our business partners. They or we may contact you by mail, telephone, electronic messaging services, fax or email to let you know about any goods, services or promotions which may be of interest to you. Please inform customer services if you do not wish to receive such information from us, or if you do not wish to receive information from our business partners, but remember that this will preclude you from receiving any of our special offers or promotions or those of our business partners. | | 14.5 | By registering with izudoo you consent to our transferring your information to countries which do not provide the same level of data protection as the UK if necessary for providing you services you require. If we do make such a transfer, we will put a contract in place to ensure your information is protected. | | 14.6 | You have a right to ask for a copy of your information (for which we charge a small fee) and to correct any inaccuracies. | | 14.7 | When you give us information about another person you confirm that they have appointed you to act for them, to consent to the processing of their personal data, and to the transfer of their information abroad and to receive on their behalf any data protection notices. | | 14.8 | For details of izudoo please visit our website. | | 14.9 | Delivering communications to you
All notices to be served in accordance with your Contract must be served by post or facsimile. We can in addition serve notice to you by voicemail, email, imail, text or other form of electronic message. They will be deemed served 48 hours after they are sent, or on earlier proof of delivery. All invoices and notices served by post will be sent to the address given by you on Registration unless you notify us of a change to this address. Any waiver, concession or extra time we may allow you is limited to the specific circumstances in which it is given and does not affect our rights in any other way. | | 14.10 | Disputes between you and us
You may request that disputes between you and us are referred to arbitration under our Code of Practice for Consumer Affairs. We will supply a copy of our Code of Practice for Consumer Affairs to you on request. | | 14.11 | Miscellaneous
If either party delays or does not take action to enforce their rights under the contract this does not prevent either party from taking action later. | | 14.12 | If any of the terms in this contract are not valid or legally enforceable the other terms will not be affected. We may replace any term that is not legally effective with a similar term that is. | | 14.13 | izudoo company details
Our Company Registration Number is NI069786 and our Registered Office is at 28, Upper Galliagh Road, Londonderry, BT48 8LW. Tel: 08458371892 Email: info@izudoo.com | | 14.14 | Governing law
Your Contract is to be interpreted in accordance with the Laws of Northern Ireland. | izudoo Ltd. 28, Upper Galliagh Rd. L'Derry. BT48 8LW
Tel: 08458371892 Email: info@izudoo.com
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