Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS PRIOR TO USING OUR SERVICES CAREFULLY FOR THEY ARE LEGALLY BINDING. If you have any questions about these terms, please contact us

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These Terms apply to the use of our website under the domain workadu.com, any subdomain or directory thereof, our related websites and mobile device applications (together the “Websites”) and all related services (the “Workadu Services” or “Services”) and all orders submitted by you on the Websites. Use of our Websites includes accessing, browsing, or registering to use our Websites. By using the Websites and Workadu Services you are agreeing to the following Terms and Conditions, our Acceptable Use Policy, and our Privacy Policy.

 

Our Websites are operated by XITE Communication Agency Limited, a company incorporated in England and Wales with company number 08860691 whose registered office is at 20-22 Wenlock Road, London, N1 7GU.

 

The service-specific Terms and Conditions that accompany each Package or service only apply to Website users that avail of the Workadu Services through membership or subscription. By contrast, the General Terms and Conditions below apply to all users of the Websites or Workadu Services, regardless of their membership status. By signing up for and/or otherwise accessing any of the services or products provided by XITE Communications Agency, Reservationengine.net or any of their partners and affiliates acting on their behalf, you agree to be bound by all these General Terms and Conditions.

 

Our business is continually evolving and as such we reserve the right to change our Terms and Conditions when necessary. It is your responsibility to ensure that you are up to date with all of our Terms and Conditions. We will, however, notify you of any material changes.

 

General Terms and Conditions

 

These General Terms & Conditions and the service-specific Terms and Conditions, the Acceptable Use Policy and any information relating to the service/package purchased from Workadu constitute a legally binding agreement between us and you. If any of these General Terms and Conditions are inconsistent with any of the terms set out in Workadu’s service-specific Terms and Conditions, the service-specific Terms and Conditions shall prevail.

 

Our services are intended for persons aged 18 years or over, with full and unequivocal ability to understand and consent to these Terms. By signing up for any of our services, whether payment is required for using said services or not, you warrant that you are at least 18 years old, and legally capable of entering into a binding contract. If you are acting as an agent or using the payment details of another person, whether a natural person or legal entity, you warrant that you have their express permission and consent, and that they in turn are agreeing to be bound by the terms of this contract.

 

You acknowledge and accept that your use of the Services must be in accordance with the Acceptable Use Policy.

By nature of owning an account with Workadu, you accept these Terms and Conditions

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1. Definition of terms in this policy

 

 

2. Consumers

 

[1] For the purposes of Directive 2000/31/EC of the European Union, Workadu (and by extension XITE) acts as an intermediary, and only as an intermediary, between its subscribers and any users that are not subscribers. By using the services we provide to our subscribers you explicitly release us of all liability relating to the business practices and conduct of our subscribers, whether on the Websites or in person.

 

[2] XITE does not require monetary compensation from non-subscribers, does not acquire direct profit from them, nor have they made any form of agreement with them, express or implicit, commercial or non-commercial, unless they subscribe for a Package.

 

[3] By remaining on our Websites and using the services we provide to our subscribers you acknowledge that we have given you absolutely no guarantee as to the quality of the aforementioned services or the outcome of any use thereof.

 

[4] This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.You agree that any kind of transaction with any of our subscribers is performed at your own risk. Should you suspect that any of our subscribers engages in illegal activity on or through our Websites you may contact us by filling out this form.

 

3. Non-Consumers

 

[1] Any use of our services in the course of conducting business shall give rise to you being a non-consumer, and any provisions of this agreement affecting statutory consumer protection shall not apply to you.

 

[2] So far as permitted by law you indemnify XITE from all liability arising from any implied condition, warranty or term, express or implied, including but not limited to those relating to the exercise of reasonable care, fitness for purpose and satisfactory quality in relation to any service we provide to you.

 

[3] We reserve the right to cancel or suspend those services at any time without prior notice if you breach these General Terms & Conditions and/or any of the service-specific Terms & Conditions and/or our Acceptable Use Policy.

 

[4] In the unlikely event of any corruption or hardware failure, XITE cannot guarantee the replacement of the lost data.

 

[5] XITE makes no warranties or representations that any service will be uninterrupted or error-free. You accept all services provided hereunder “as is” without warranty of any kind.

 

4. Duration and Renewal of Packages

 

The duration and renewal options of our services and/or Packages are strictly subject to their respective service-specific Terms and Conditions.

 

5. Cancellations & Refunds

 

[1] Some of our services or Packages may be available on trial basis for a limited amount of time, which time and expiration thereof are specified in the service-specific Terms and Conditions of the relevant Package. At or right after the expiration of such time, and subject to the prompt cancellation of the said service or Package before the trial expiration date and time, you will immediately enter the billing cycle that corresponds to the Package you have chosen.

 

[2] You may cancel your subscription at any time by clicking on the “Deactivate” button located in your admin panel. Should you choose to do so, and subject to clause 3.3 below (cooling-off period of consumers), you will not be refunded for any amount and the current billing cycle will continue to run as is.

 

[3] All consumers that subscribe to Workadu are entitled to a 14-day “cooling-off” period which starts on the day that we activate your Package. As a consumer you are entitled to cancel any services you have purchased from us and receive a full refund by contacting our team no more than 336 hours prior to the expiry of the “cooling-off” period. Any cancellation request made outside this timeframe is not entitled to a refund, partial or whole. Once we assess and accept your cancellation request you will be provided with written confirmation; no cancellation request will be deemed to have been received until we have issued our written confirmation to you.

 

6. Payment

 

[1] All Packages must be paid for in advance in accordance with the specific provisions of that Package. In signing up for a Workadu account you agree to commit to the contract for the fixed term.

 

[2]Payment will be due on the basis of the Service or Package you have selected. Packages for which payment is required on a monthly basis are automatically renewed every 4 weeks, unless specifically stated to the contrary in the details of the Package you purchase.

 

[3] You will be invoiced automatically before each new billing cycle on the basis of your current payment plan at the expiry of the current billing cycle unless you have cancelled the Services prior to the commencement of the cycle, in accordance with our Cancellations & Refunds.

 

[4] Payment of the Price will be taken via the payment method specified within the control panel and will be non-refundable.

 

[5] You will be given 3 payment attempts. Should a payment fail to process you will be notified through your admin panel and/or email. After a 3rd failed payment attempt we reserve the right to interrupt, suspend or cancel any services we provide to you. Such interruption, suspension or cancellation does not relieve you from paying all contractually obligated invoices to XITE. You may be given a grace period of 30 days during which you will be able access your account and send your payment manually; XITE reserves the right to refuse the allowance of any grace period, and any such or other complimentary act depends solely on the discretion of XITE. You are responsible for any additional costs incurred by XITE in the collection of any outstanding debt.

 

[6] We reserve the right to change our pricing policies and Package plans by giving you written notice of those changes to the e-mail address held in your Workadu account. The new price and/or nature of that plan will only become effective when the services you have purchased with us reach the end of their agreed term, and you will only be charged during the automatic renewal after the end of that term.

 

[7] You warrant that you are authorised to make payment using the payment card or facility you disclosed to the payment gateway during checkout. In the event that you are not the named card holder, you acknowledge that you and the party who is the named card holder both accept all these General Terms & Conditions and are jointly and severally liable for any payment due.

 

[8] You agree to disclose your payment and personal data to any third party that acts on our behalf with the view of processing your payment. For any questions regarding the use and storage of such data please refer to our Privacy Policy.

 

[9] Payments processed by third parties are subject to their terms and conditions of Service, and XITE makes no representations or warranties with respect to those Services.

 

[10] All bills and invoices will be sent to you via email shortly after the purchase or the automated renewal transaction is completed.

 

7. Appropriate Use of Services

 

[1] We reserve the right to refuse service and/or access to our servers to anyone.

 

[2] Any content which breaches our Acceptable Use Policy is strictly prohibited. We reserve the right to remove content from your account or suspend the services we provide to you immediately should there be evidence that such content breaches the Acceptable Use Policy.

 

[3] XITE shall notify you if it becomes aware of any allegation that you breach the Acceptable Use Policy.

 

[4] Refusal of Service based on the content being contrary to our Acceptable Use Policy is entirely at the discretion of XITE.

 

[5] XITE reserves the right to move your data to a different server with no prior notice.

 

[6] You shall indemnify XITE against all damages, losses and expenses arising as a result of any action or claim that the data, content and/or any other material breach the Acceptable Use Policy.

 

[7] In the event that XITE suspends your account for any reason stated in these General Terms and Conditions, and later reinstates your account and/or resumes the services provided to you, you shall indemnify XITE against all damages, losses and expenses arising as a result of this suspension. Additionally, you indemnify XITE against any action or claim if the suspension or cancellation of your account came as a result of your account, or uploaded content thereof, breaching the Acceptable Use Policy.

 

8. Scheduled Maintenance

 

To guarantee optimal performance on the servers, it is necessary for us to perform routine maintenance. Such maintenance often requires taking Workadu services off-line, typically performed during off-peak hours. We will give you advance notice of maintenance requiring the services to be taken off-line whenever possible by publishing notice on the Workadu website.

 

9. Stored Data

 

[1] All data created or stored by you within XITE’s applications and servers are your property. XITE maintains the right to allow access to such data by authorised personnel.

 

[2] XITE maintains backups of its servers and infrastructure pursuant to its own archiving and business continuity procedures. In the event of loss of or damage to your data relating to actions made by you or on your behalf you will not be given access to any data stored as part of these procedures.

 

[3] You agree to relieve us of all responsibility regarding the storage and maintenance of your data. In the event of loss of or damage to your data relating to a failure in our systems or servers XITE is not obliged to recover, copy or provide you with any of the data you have stored in it systems or servers at any given time. XITE shall not be liable for any interruptions to the services you have subscribed to or outages arising directly or indirectly from:

a. interruptions to the flow of data to or from the internet;

b. changes, updates or repairs to the network or software which it uses as a platform to provide the Services;

c. the effects of the failure or interruption of Services provided by third parties;

d. force majeure and factors outside of XITE’ reasonable control (including, but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of XITE (or any other party) or compliance with any law of governmental or any other order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers, work stoppage, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication Services generally, etc.);

e. your actions or omissions (including, without limitation, breach of your obligations set out in the Agreement) or those of any third parties;

f. problems with your equipment and/or third party equipment;

g. interruptions to the Services requested by you.

 

[4] You shall indemnify XITE against all damages, losses and expenses arising as a result of any action or claim that the content or data in your account or content or data accessed from or published as part of a service or Package infringes the intellectual property rights of a third party.

 

[5] It is the account owner’s responsibility to keep their password confidential, and to change the password on a regular basis. XITE is not responsible for any data losses or security issues due to stolen passwords or any passwords that you have intentionally or accidentally disclosed to any third party. You accept full responsibility for any purchases or modifications made within your control panel by you or by third parties using your account password.

 

10. Your Personal Details

 

You warrant that the contact information that you provide to us on establishment of your account is correct, and that you accept responsibility for keeping this information up to date at all times. You agree that we may suspend or cancel your account if we reasonably believe that the information you have supplied is purposely inaccurate.

 

11. Disclaimer

 

[1] XITE shall not be liable for any loss or damage of whatsoever nature suffered by you arising out of or in connection with any breach of this Agreement by you or any act, misrepresentation, error or omission made by you or on your behalf.

 

[2] XITE will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by you or for any wasted management time or failure to make anticipated savings or liability you incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.

 

[3] No matter how many claims are made and whatever the basis of such claims, XITE’ maximum aggregate liability to you under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement) whether such claim arises in contract or in tort shall not exceed a sum equal to the fees paid by you for the Services in relation to which your claim arises during the 12 month period prior to such claim.

 

12. Survival

 

The provisions, terms, conditions representations, warranties, covenants, and obligations contained in or imposed by this Agreement which by their performance after the termination of this Agreement, shall be and remain enforceable notwithstanding termination of the Agreement for any reason. However, neither party shall be liable to other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms but each party shall be liable for any damage from any breach by it of this Agreement.

 

13. Notice

 

You agree that any notice or communications required or permitted to be delivered under this Agreement by XITE to you shall be deemed to have been given if delivered by e-mail, in accordance with the contact information you have provided.

 

14. Governing Law

 

Your rights and obligations and all contemplated by this Agreement shall be governed by English law and you submit to the exclusive jurisdiction of the English Courts.

 

15. Legal Fees

 

If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought by any party to this Agreement, the prevailing party shall be entitled to recover reasonable legal fees, expert witness fees, costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.

 

16. Assignment

 

You shall not assign, sub-license or transfer your rights or obligations under this Agreement to any third party without the prior written consent of XITE. However, in the event that XITE expressly consents to such an assignment, sublicense or transfer, then this Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.

 

17. Entire Agreement

 

This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to herein. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein.

 

18. Further Assurances

 

The parties shall execute such further and other documents and instruments and take such further and other actions as may be necessary to carry out and give full effect to the transactions contemplated by this Agreement.

 

19. Relationship of the Parties

 

Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.

 

20. Joint and Several Obligations

 

If any party consists of more than one entity, their obligations hereunder are joint and several.

 

21. No Third Party Beneficiaries

 

This Agreement does not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege.

 

22. Severability

 

In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. XITE will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of XITE as reflected in the original provision.

 

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