Terms & Conditions

Definitions

In these terms and conditions the following expressions have the following meanings:

“e8 Portal”	E8 Portal limited, whose trading address is Prama House 267 Banbury Road Summertown Oxford OX2 7HT
"You or Your"	The person ordering services under these terms and conditions
"us"	E8 portal and you together
“Microsite administrator”	The person ordering services under these terms and conditions
“services”	Microsite – add on modules
Add on modules	Value added services provided to Microsite administrators which may include 3rd parties whom may have their own Terms & Conditions to adhere to.
“microsite”	Fully editable web site with default context
“work”	An acknowledgement of e8 Portals services and add on modules
“content”	In these Terms & Conditions content refers to the items which have been uploaded to the microsite. For example a floor plan or a Home Information pack.
“account”	Microsite(s) and all add on Modules
“DEA”	Domestic Energy Assessor

These terms and conditions ("Terms and Conditions") form a legal agreement between e8 Portal Limited (company number 07006813) ("e8 portal") and the user of its services ("You or Your"). These terms and conditions of business shall apply to all works that you request to be undertaken by e8 Portal or you undertake on the Website unless otherwise specifically agreed in writing. By placing an order for a “microsite” online or by ordering a “microsite” via telephone, fax, post or email with e8 Portal, by accessing the website e8portal.com or any domain name or website owned or controlled by e8 Portal (the Website") or by requesting E8 portal to undertake work on Your behalf, You signify that you have read, understood and agree to be bound by these Terms and Conditions whether or not You are a registered user of the Website. All orders and requests for Works or any additional services will be subject to e8 portals acceptance which will be notified to You when e8 portal confirms the order and will be governed by these Terms and Conditions. E8 portal reserves the right not to accept any request to undertake a microsite placed by You and/or to cancel any microsite, even after it has been accepted by e8 portal. E8 Portals policy is that once an order has been placed for a microsite it cannot be cancelled by You. E8 portal reserves the right to amend these terms and conditions from time to time and new versions of these terms and conditions will be posted on e8portals web site and will be effective in relation to all orders placed by You after the date that they appear on the Website. If you do not agree to be bound by these or any future Terms and Conditions, do not use or continue use or access this website or use any of the Works. It is your responsibility to check on all changes to the Terms and Conditions.

You agree to provide current and accurate information as is sometimes requested by e8 Portal from time to time by any registration forms on the Website. You also agree to keep confidential the security of your password and identification.

e8 portal provides various services, which may include but are not restricted to hosting web pages, creating interactive pages, access to e8 portals archive of DEA support documentation. All content on the Website and available through the Service, including designs, text, graphics, pictures, information, applications, software, sound and other files are the property of e8 Portal or third parties which license such rights to e8 Portal (the "Website Architecture"). No Website Architecture, nor any part of it, may be modified, copied, framed, distributed, scraped, posted, used or sold in any form or by any means. Full details of all services offered by e8 Portal from time to time and the prices charged for such services are set out on the e8 Portal web site.

Where necessary for the Work e8 Portal shall grant to You a limited non transferable licence to use the Website Architecture accessed via the Website only. You accept that You have no right, title or interest in or to the copyright or any other intellectual property rights (including without limitation know-how and rights in inventions) subsisting in the Website Architecture. The licence to use the Website Architecture in the normal course of Your business is subject as follows:

a. You agree not to assign, sub-license or otherwise transfer any or all of the rights hereby granted to use the Website Architecture.

b. Save to the extent that such acts may not lawfully be prevented, You shall not modify, adapt, disassemble, decompile or otherwise reverse engineer any or all of the Website Architecture.

c. You agree not to use the Software for any purpose other than the services provided by the microsite.

d. You agree to use at least one account per office or other location of business requiring access to your microsite and to not disclose login details to any other party.

The licence hereby granted to You shall continue without limit in time unless terminated by You ceasing to order any Work. Any termination of this agreement shall automatically terminate such licence. Notification of termination is on a full months payment period.

Payment Terms and Refund Policy. e8 Portals fees are set out on the e8 portal web site and are subject to change from time to time. All changes to fees will be posted on e8 Portals web site and will be effective in relation to all orders placed by You after the date that they appear on e8 Portals web site.

The Fees are payable to e8 portal subject to the following conditions:

a. Fees payable monthly or yearly will be paid in advance and will not be refundable in whole or part if the Agreement or relevant part is terminated during the period to which the payment relates;

b. Any set up fee will (unless stated to be included within later payments) be payable immediately;

c. Any sums payable by the Client to e8 portal under the Agreement are exclusive of value added tax or any similar taxes, levies or duties, which will be added to such sums and be payable by the Client at the appropriate rate.

d. The Client agrees to pay e8 portal's invoices within 7 days of invoice due date. If invoices are not settled in full by then, the Client will without prejudice to its other rights and remedies be liable to pay interest on any sum outstanding from the due date for payment at the annual rate of 8% above the Bank of England bank reference rate accruing on a daily basis until payment is made whether before or after any judgment.

e. All sums payable to e8 portal under the Agreement must be paid in full with no set off or deduction.

f. Without prejudice to any other of its rights and remedies, e8 portal will be entitled to remove the Client's data from its systems and any Equipment and/or put the Equipment to any use other than the Client's if any amount due under the Agreement is not paid within 14 days of its due date for payment. e8 portal is not required to back up such data or return the same to the Client prior to any such removal or following termination of the Agreement.

g. e8 portal will not refund to the Client the cost of registering a domain name after the Client has submitted a domain name application form provided that the domain name has been registered with the appropriate registrar.

You accept full responsibility for the content of items uploaded to the microsite by you or your associated parties. E8 portal has no control over items uploaded. You are responsible that all content of your microsite complies with all relevant legislation and that any information You provide and its use by e8 portal will not infringe the intellectual property rights or any other rights of any third party. You shall fully indemnify and keep indemnified e8 portal on demand against any and all loss, damages, costs, expenses or other claims arising from any breach of these warrantee.

You warrant that you have obtained in writing all necessary rights, consents and licenses from the owners, lessors or licensee of all properties and estates which are the subject of the Works to the display, distribution and retention of content within your microsite. You warrant that either You own the copyright in the Photographs and You hereby grant to e8 portal an irrevocable, perpetual, non-exclusive, transferable royalty free worldwide licence and right to use, copy, display, reformat, amend, change, excerpt, distribute or sub-license for profit or otherwise in public the contents uploaded both for the purposes of the Work and any other purpose or to retain and use the content for such purposes as e8 Portal sees fit from time to time and You warrant that You have all necessary license, consent and the authority to use the content uploaded and are entitled to and hereby sub-license e8 Portal to use the content all for the purposes of the Work and to retain and use the content for such purposes as e8 Portal sees fit from time to time. You shall fully indemnify and keep indemnified e8 Portal on demand against any and all loss, damages, costs, expenses or other claims arising from any breach of these warranties and licences.

10.

e8 portal warrants that it will use reasonable skill and care to provide the Work. All other warranties express or implied are hereby excluded to the fullest extent permitted by law. Any liability e8 Portal may have (whether in contract, tort, including negligence or otherwise) shall be limited to the total fees paid by You under this agreement. E8 portal shall not be liable to You or to any third party for any loss of profits, loss of sales, loss of turnover or loss of use or corruption of data or software or for any indirect, consequential or special loss. Nothing in these terms and conditions excludes e8 portal liability in respect of fraud or in respect of death or personal injury caused by e8 portals negligence. E8 portal shall not be responsible for any delay or failure to carry out Works for reasons beyond e8 Portals reasonable control including but not limited to the acts or omissions of a third party or Your failure to perform Your obligations.

11.

e8 Portal reserves the right to terminate this agreement without notice for any reason including non-payment of fees. E8 portals fees shall be payable immediately on termination or expiry howsoever caused of this agreement.

12.

These terms and conditions form the only agreement between e8 Portal and You. If a court decides that any part of these terms and conditions cannot be enforced, then that part will not apply. The rest of these terms and conditions will continue to apply. Any notice given under these terms and conditions must be made in writing and sent by pre-paid first class post to the parties' respective addresses. E8 Portals address is E8 Portal limited, Prama House, 267 Banbury Road, Summertown, Oxford, OX2 7HT. Notices shall be deemed to have been received three working days after the date of posting. These terms and conditions shall be governed by English Law and e8 Poprtal and You hereby submit to the exclusive jurisdiction of the English courts.

13.

For the purposes of the Contracts (Rights of Third Parties) Act 1999 these Terms and Conditions are not intended to and do not give any person who is not You or e8 Portal any right to enforce any of its provisions may enforce any of these terms and conditions against You in accordance with the Contracts (Rights of Third Parties) Act 1999.

14.

You shall not assign or sub-licence these Terms and Conditions or the benefit or burden of it or any part of it to any other person. E8 portal has the right to assign or sub-contract any of its rights or obligations under any contract between e8 portal and You. e8 portal shall be entitled at its discretion to sub-contract any of its obligations under these Terms and Conditions.