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Types Of User

ProCustomer recognises the following types of user:

• A "Business" is a person, partnership, limited company, plc or other entity that has entered into a contract with ProCustomer to publish information about its Business on the web site, to use the facilities to collect customer feedback, to advertise its testimonials and case studies and various other services offered from time to time.
• A "customer" is a person who leaves feedback on the web site about his/her experience of doing Business with a Business member.
• A "prospective customer" or “searcher” is a person who uses the site to gather information about Business members or Business solutions.
• An "Affiliate" is a person or Business that is on the ProCustomer Affiliate Register in accordance with the Principles of Operation of the Affiliate Scheme.
• A "Registered User" is a person who has registered their personal information with ProCustomer in order to access additional information from the site, over and above the information available to normal visitors to the site.

General Description Of ProCustomer

ProCustomer is an internet marketing forum for Businesses to provide details of their services, for customers of those Businesses to provide feedback about their experience of the Business, and for prospective customers or searchers to review the information left by the Businesses and the customers. ProCustomer provides a searchable database where Businesses may publish testimonials that have been written by their customers as well as case studies in which they describe the value of the service they have provided to their customers

Prospective customers and searchers may use the search facilities to find and view the information published by Businesses and customers. They may register personal details with ProCustomer and then access additional information that allows them to contact the customers.

Businesses pay a monthly subscription to ProCustomer to access its services. An Affiliate may operate a Managed Account as an agent of the Business, in which case all the rights and responibilities of the Business are assigned to the Affiliate. Each Business is provided with a "page" on the site on which they may place information advertising their Business. This information, advertising, claims or statements are not independently checked or verified by ProCustomer.

A Business may ask any customer to complete a questionnaire on the site providing feedback to the Business about the Business's service or work. This questionnaire includes space for a comment intended to endorse the Business to potential future customers. The Business has the opportunity to review these comments and may or may not choose to make them public. However, the Business does not have the opportunity to amend the comments. These comments are also referred to as testimonials.

The Business has the option to write and attach a case study to each testimonial, providing more information about the value of its service. It is the responsibility of each Business to ensure that its customer is satisfied about the content and the publication of each case study. ProCustomer will not be responsible in any way for either the content of, or the decision to publish, case studies.

ProCustomer places an obligation on Businesses not to undermine the integrity of ProCustomer by making misleading claims or creating fictitious feedback or case studies. However ProCustomer cannot guarantee that all feedback information or case studies are honest, genuine and accurate.

ProCustomer is not involved in any actual transactions between Businesses and their customers. As a result, we have no control over the quality of work performed by Businesses, the truth or accuracy of the details provided by Businesses. Any views or opinions are those of the authors, and do not represent those of ProCustomer. Also, due to the difficulty in authenticating people over the Internet, we cannot confirm each user's identity.

General Disclaimer

All material published by us is published in good faith. ProCustomer does not:

• Recommend or endorse any particular Business
• Endorse any claim made by a Business (including claims about its capabilities, membership of any trade or professional body, achievement of any trade or professional qualifications, or insurance cover)
• Provide advice about which Business will meet your needs
• Screen or verify any case study published by a Business member
• Screen any Business's financial, credit or legal history
• Systematically authenticate, vet, screen or verify feedback posted by a customer
• Systematically verify the identity of customers
• Verify that any customer has the means or intention to honour or pay any due bill or invoice.

Your Obligations

You must reveal your true identity when leaving any information on the web site, whether that be in the form of advertising, claim, comments, feedback, case study or any other form. You should ensure that such information:

• is not false, fraudulent, inaccurate or misleadingdoes not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy
• does not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, discrimination or false advertising)
• is not defamatory, libellous, unlawfully threatening or unlawfully harassing
• does not violate the legal rights (such as rights of privacy or publicity) of others
• does not embarrass or cause distress or discomfort for another user
• is not profane, obscene or menacing and does not contain child pornography or any other kind of pornography or any lewd material
• does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
• does not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers

If you have written and published a Case Study then it is your obligation to ensure that the customer concerned has read the content and has given their consent both to the content and the matter of its publication on the ProCustomer system and in ProCustomer’s searchable database.

If you have any right to make any claim or action against any user arising out of the use of ProCustomer or its services, then you will pursue any such claim or action independently, and without recourse to, ProCustomer.

You will not use ProCustomer to access or attempt to access any part, area or page of ProCustomer or any site belonging to any third party to which you are not authorised to have access.

Acting On Behalf Of Others

You may only publish material on behalf of other parties with their express permission. In doing so, you are responsible for ensuring that the Terms and Conditions of the ProCustomer service are met in full. You are also responsible for ensuring that the latest copy of our Terms and Conditions are brought to the attention of these parties.

User Privacy

You must respect the privacy of other members. You should not use any robot, spider, other automatic device, or manual process to collect email addresses or other personal information. You must use any data for any purpose other than that for which it was provided to ProCustomer.

Your actions should not restrict or inhibit any other users from using and enjoying the ProCustomer service.

ProCustomer will use its data in accordance with its privacy policy.

Businesses must comply with all relevant data protection legislation.

Integrity Of Information

Any Business that is found to have arranged for fraudulent or misleading feedback to be left on the site will have its membership discontinued. No refund will be given for unused period of membership.

Remove, Reclassify Or Withdraw Service

We reserve the right at our absolute discretion to refuse or remove any information from this site, or to withdraw the use of our service from any person or body as we see fit, without notice and without being required to provide reasons.

Licence

You retain all ownership rights to any content that you publish or submit to ProCustomer. However, by submitting content to ProCustomer, you grant us a license to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such content.

Excluded Businesses

ProCustomer will not accept as a member, any Business which is engaged in the provision of "adult" services, including those which are, or may be construed to be, a front for prostitution or any immoral activity.

Links To Third Party Sites

This Web site may contain links to web sites operated by parties other than ProCustomer. Such links are provided for your convenience only. ProCustomer does not control such web sites, and is not responsible for their contents. ProCustomer's inclusion of links to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.

No Warranty

The !%SystemShortName% service is provided on a "as is" and "as available" basis without warranties of any kind, either express or implied. No advice, information or representations given by us or on our behalf shall create a warranty. We do not guarantee the impact of using the ProCustomer service on any Business. We make no warranties or representations of any kind for the services being offered by the Businesses that use ProCustomer.

Indemnification

You agree to indemnify, defend, and hold us harmless from any and all liability, penalties, losses, damages, costs, expenses, solicitor's fees, causes of action, circumstance or claims caused by or resulting directly from the service provided to you, which damages either you, us, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all aspects of the service.

Amendments

We may amend these terms and conditions at any time by posting the amended terms on our site. All amended terms shall automatically take effect 30 days after being posted to the site.

Governing Law

The contents of these Terms and Conditions are governed under English law. You hereby consent to the exclusive jurisdiction and forum of courts in England in all disputes arising out of or relating to the use of this Web site.

Payment

Some services offered by ProCustomer require appropriate payment to be made in full prior to use. In such cases, the amount payable will be clearly indicated. We may change our fees and rates from time to time. No refunds will be given for unused periods of membership.

Current Version

This version of the Terms and Conditions came into force on 28 September 2006