Please read these Terms and Conditions, carefully before registering for a subscription for the Services offered on this website operated by Binary Geek Limited (trading as Weekly10) of The Coach House, 25 Rhosddu Road, Wrexham, LL11 1EB, UK, a company registered in England and Wales with registered company number 08225904 , VAT number GB 2912 348 04.
By signing this document relating to our Terms and Conditions, DPA, SLA and Privacy Policy, you the Customer agree to be legally bound by these Terms and Conditions, DPA, SLA and Privacy Policy as they may be modified and posted on our website from time to time. In the event of any inconsistency between the content of the Terms and Conditions, DPA SLA and the Privacy Policy, the Terms and Conditions shall prevail followed by the DPA, the SLA and then the Privacy Policy.
If you do not wish to be bound by these Terms and Conditions, DPA, SLA and Privacy Policy then you may not register to use a free trial or purchase our Services.
In this Agreement, the following words shall have the following meanings:
“Agreement” | means these Terms and Conditions, DPA, SLA and Privacy Policy and together; |
“Business Day” | means 8.00 am to 8.00 pm UK local time on a Monday to Friday (excluding any national holiday in the UK); |
“Commencement Date” | means the date this Agreement commences, as set out in the Order Form; |
“Company” | means Binary Geek Limited (trading as Weekly10); |
“Confidential Information” | means any and all information in whatsoever form relating to the Company or the Customer, or the business, prospective business, finances, technical processes, computer software (both source code and object code), Intellectual Property Rights or finances of the Company or the Customer (as the case may be), or compilations of two or more items of such information, whether or not each individual item is in itself confidential, which comes into a party’s possession by virtue of its entry into this Agreement or provision of the Services, and which the party regards, or could reasonably be expected to regard, as confidential and any and all information which has been or may be derived or obtained from any such information; |
“Customer Data” | means all data imported into the Services for the purpose of using the Services or facilitating the Customer’s use of the Services; |
“Customer” | means the company or organisation who signs the agreement for use of the Services; |
“DPA” | means the data processing agreement of the Company published at www.weekly10/dpa, as amended from time to time; |
“Effective Date” | means the date on which the chargeable subscription for the Services commences, as set out in the Order Form; |
“Feedback” | means feedback, innovations or suggestions created by the Customer or users regarding the attributes, performance or features of the Services; |
“Fees” | means the fees calculated in accordance with the online price list of the Company published, and set out in each invoice issued to the Customer during the Term; |
“Force Majeure” | means anything outside the reasonable control of a party, including but not limited to, acts of God, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, war, rebellion, insurrection, sabotage, epidemic, quarantine restriction, labour dispute, labour shortage, power shortage, including without limitation where Company ceases to be entitled to access the Internet for whatever reason, transportation embargo, failure or delay in transportation, any act or omission (including laws, regulations, disapprovals or failures to approve) of any government or government agency; |
“Intellectual Property Rights” | means all copyrights, patents, utility models, trademarks, service marks, registered designs, moral rights, design rights (whether registered or unregistered), technical information, know-how, database rights, semiconductor topography rights, business names and logos, computer data, generic rights, proprietary information rights and all other similar proprietary rights (and all applications and rights to apply for registration or protection of any of the foregoing) as may exist anywhere in the world; |
“Order Form” | means the online Order Form completed by the Customer for the provision of the Services; |
“Privacy Policy” | means the privacy policy of the Company published at www.weekly10/privacy-policy, as amended from time to time; |
“Renewal Term” | means the renewal term set out in the Order Form; |
“Services” | means the software applications services of the Company, ordered online by the Customer and set out in the confirmation email sent to the Customer which are made available to the Customer in accordance with the terms of this Agreement and including any computer software programmes and, if appropriate, Updates thereto and the support and maintenance services set out in the SLA; |
“SLA” | means the service level agreement of the Company published at www.weekly10/sla, as amended from time to time; |
“Statistical Data” | means aggregated, anonymised data derived from the Customer or user’s use of the Services which does not include any personal data or Customer Confidential Information; |
“Term” | means the Trial Period (where included in an Order Form), plus all Renewal Terms together; |
“Terms and Conditions” | means these terms and conditions of the Company published at www.weekly10/terms-and-conditions as amended from time to time; |
“Trial Period” | means when included in an Order Form, a period of 21 days starting on the Commencement Date; |
“Updates” | means any new or updated applications services or tools (including any computer software programmes) made available by the Company as part of the Services. |
Nothing contained in this Agreement is intended to be enforceable by a third party under the Contracts (Rights of Third Parties) Act 1999, or any similar legislation in any applicable jurisdiction.
Version: 2.0 - Valid from 21st December 2021