Terms of Use

PLEASE READ THESE TERMS OF USE OF THE ECATCHER ONLINE SALES QUESTIONNAIRE, LEAD GENERATION AND HOSTING SERVICE (THE "SERVICE") AS USE OF THE SERVICE INDICATES THE UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF USE BY YOU AND YOUR COMPANY. IF YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR COMPANY OR YOU DO NOT AGREE WITH THESE TERMS OF USE PROMPTLY DISCONTINUE THE USE OF THE SERVICE OR THE USER REGISTRATION PROCESS.

Terms of Use
I. User Accounts
1. You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
2. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

II. SPAM policy
1. Aquarium Software ("Aquarium") expressly forbids SPAM (the term "SPAM" meaning the sending of unsolicited e-mail to parties who have not chosen to receive such mailings). Any customer found to be using the Service for SPAM will have their account subject to immediate termination without refund.
2. Where the Service is used in conjunction with an e-mail campaign then it may only be used in connection with e-mail lists for which recipients have voluntarily registered. Using eCatcher to send e-mail to an address you obtain without the consent of such addressee is a violation of the Aquarium Terms of Use. You may not import any e-mail addresses to your list that have not chosen to receive such mailings. You may only send e-mail to customers that have willingly signed up to receive such mailings. If Aquarium receives complaints about your list, your account is subject to immediate termination. You may not send mail under any company or organization name other than your own and/or with fraudulent header or source information.

III. Free Trial Volumes, Payments, Refunds
1. You have the option of setting up a trial account to enable you to try out the software free of charge as offered on the Website as part of the registration process ("Free Trial Volume"). The Free Trial Volume offer provides the facility for a single organization to receive a specified volume of data from completed questionnaires ("Responses") up to a pre-agreed level. An organization may only take advantage of the Free Trial Volume once. Where the number of Responses exceeds the Free Trial Volume then Aquarium will store the additional Responses and contact you to give you the option to upgrade your Trial Account to active account status ("Active Account") by purchasing at the specified price the facility to obtain an agreed number of Responses ("Volume Package").
2. Where you purchase a Volume Package any responses paid for but unused will remain valid for the period specified in the marketing literature or website and shall not in any case exceed 18 months from the date of purchase and are not transferable. Volume Packages will be charged to an authorized credit card and any outstanding responses will be released to you once payment has been confirmed.
3. If you have not paid to receive the outstanding Responses within 60 days of notification by Aquarium then we reserve the right to delete them
4. After you have purchased a Volume Package, we provide a 30 Day money back guarantee. This guarantee is valid starting the day that you INITIALLY purchase the Volume Package. If you are not satisfied with the service for any reason, you may submit a request to have the unused portion of your payment refunded based pro-rata on the number of unused responses against the total number of responses purchased. Refunds will not be agreed for payment after 30 days from the date on which a volume package has been purchased.
5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
6. Aquarium reserves the right to change our fees upon 30 days notice . Fee change notices will be posted on the website. Any price changes will not apply to Volume Packages purchased before the date of the price change.

IV. Retention of Sales Questionnaires and Responses
1. Aquarium will store sales questionnaires templates, Responses and filter algorithms ("Content") of Trial Accounts for up to 60 days from the date of the last Response and may at its discretion delete all Content in your account without notice after that time. In the case of Active Accounts data will be stored for up to 6 years unless otherwise agreed in writing.
2. Aquarium, at its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Aquarium service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Aquarium reserves the right to refuse service to anyone for any reason at any time.

V. Title and Intellectual Rights
1. So long as the user of the Service ("User") is in compliance with the Terms of Use, including but not limited to, payment for the Service, all rights, title and interest to any and all work produced and created by user pursuant to or in connection with the use of the Service shall vest in the User.
2. If User is in breach of the Terms of Use, User is not entitled to any Intellectual Property Rights until such breach is cured.

VI DATA PROTECTION
1 You acknowledge and agree that details of your name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by and on behalf of us in connection with the Services.
2 We warrant that, to the extent we process any Personal Data on your behalf:
(a) We shall act only on your instructions; and
(b) We have in place appropriate technical and organizational security measures against unlawful processing of Personal Data and against accidental loss or destruction of, or damage to Personal Data. 3 You warrant and undertake to us that: (a) Your Personal Data has been and shall be obtained and processed (in so far as your Personal Data has been processed) lawfully; (b) The Services to be provided by us will be entirely consistent with and appropriate to the specified and lawful purposes for which you have notified under the Data Protection Act 1998 for your Personal Data (Notified Purposes);
(c) You have not and will not during the continuance of any Contract use or disclose your Personal Data or any part of it in a manner incompatible with the Notified Purposes;
(d) Your Personal Data is adequate, relevant and not excessive in relation to the Notified Purposes; and
(e) Your Personal Data is accurate and you shall keep your Personal Data fully up to date at all times during the continuance of any Contract.
4 You shall indemnify us against any loss or damage, which we may sustain or incur as a result of any breach by you of the provisions of this clause.

VII . General Conditions
1. We provide space for hosting online sales questionnaires, but make no implied or express warranties about the reliability of this space or related services. We are not responsible for any deletion, alteration, or loss of surveys or results due to network or system outages, file corruption, accidental deletion, hardware failure, incompatibilities or any other reasons. We make no guarantees as to server reliability, speed, or consistency, and cannot be held liable for such.
2. We make no guarantee of the accuracy, correctness, or completeness of any information on these web pages, surveys, databases, or results and are not responsible for any errors or omissions arising from the use of such information; any failures, delays, or interruptions in the delivery of any content or services contained on our servers; or losses or damages arising from the use of the content or services provided by us.
3. You agree to indemnify us against any and all claims and expenses, including lawyers' fees, arising from the use of this service. This expressly includes your responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and any libelous or unlawful material contained within your survey.
4. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Aquarium customer, employee, member, or officer will result in immediate account termination.
5. All correspondence with The Company should be addressed to Poplar House, 126a Ashley Road, Hale, Cheshire WA14 2UN. This agreement is subject to the laws of England. User agrees to waive questions of jurisdiction and venue and agrees that all disputes brought by User shall be in the English courts
6. All inquiries related to billing and credit card charges should be made in writing to: Accounts, Poplar House, 126a Ashley Road, Hale, Cheshire WA14 2UN or by email to accounts@aquarium-software.com
7. The Terms of Use constitute the entire agreement between you and Aquarium and govern your use of the Service, superseding any prior agreements between you and Aquarium (including, but not limited to, any prior versions of the Terms of Use).
8. We reserve the right to amend or change these Terms of Use at any time, without notice.

VIII. Termination
1. Any violation of the Terms of Use constitutes grounds for immediate termination of a User account without notice or refund. Upon such termination, we shall have no liability or responsibility to you or any third-party.