An agreement for us to supply website load testing services is made on these Terms and Conditions.

Site Confidence provides website load testing services. Some of these services may be directly configured via an online form or forms on the Site Confidence site. Other services may require consultancy, which will be provided either by us, or a company ("Partner") whom we nominate. Our Partner may act as a sub-contractor to us, or under the terms of a separate agreement between themselves and you.

The load testing services will be as specified in the ‘Features & benefits’ section under ‘Load Testing’ in the 'Services' section of our website at the time of order and will be further specified in the quotation we provide and/or in your purchase order. All load testing must be carried out within the period stated on the order form effective from the date of order.

We will make best commercial efforts to ensure that our website load testing services are provided 24 hours a day without any interruptions and that the information provided is accurate and up to date. From time to time you may experience disruptions or receive inaccurate information due to circumstances beyond our control for which we cannot accept any resultant liability, for example a lack of availability of the backbone Internet infrastructure in the UK or other locations. We may also need to perform maintenance of our own hardware and software, which may interrupt the services we provide. However, we always endeavour to execute such essential maintenance with the minimum of disruption to our service providing you with prior notice where possible if applicable.

The Privacy Policy on our website, as amended from time to time, sets out the way in which we will treat your personally identifiable information and the restrictions on its use.

You are responsible for all activities that occur under your passwords or account and for maintaining the secrecy of your passwords. You may at any time change your passwords by logging in to the relevant portal on the Site Confidence website. If you should tell another person of your user names and passwords such that they may log in to the portal, this is entirely at your own risk, and we are not liable for any use or misuse of information that they may gain access to on the Site Confidence website or for any activities that they may carry out.

You agree that nothing in these Terms creates or grants to you any right in or ownership of any intellectual property rights including without limitation any registered or unregistered trade mark, service mark, logo, design, database content or format, copyrighted material, software or data owned or vested in us or in any other third party used in or forming part of the website load testing services.

"siteconfidence" is a trademark of Site Confidence Limited. You must not use this or any other registered or unregistered marks or logos without our prior written permission.

The data, which is provided to you, remains the property of Site Confidence and may not be published or quoted outside your organisation without our prior written consent.

You may terminate the website load testing services in the following circumstances:

• By giving to us not less than one month advance notice in writing; or
• If we should notify you of a change to these Terms, by giving to us notice in writing before that change in Terms is implemented.

We may terminate the website load testing services by notice in writing (normally by email), in the following circumstances:

• If you fail to make full payment for the Service; or
• If you fail to fulfil or you breach any material obligation under these Terms

Any termination shall be without prejudice to any other rights you or we may have at the date of termination save that you will not be entitled to any refund, pro-rata or otherwise, if this agreement is terminated in advance of its expiry for any reason.

On receipt of a purchase order to which these Terms and Conditions have been attached or agreed to, or alternatively a copy of a signed contract which incorporates these Terms and Conditions, we will send you an invoice that is due for payment within 14 days provided that we have performed as per the acceptance criteria if appropriate (see below). If you have not paid by the due date, we may suspend or terminate your service without further notice and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation.

When we gain access to your website ("Contract Implementation") we will manually test all processes (transactions) that are outlined in your purchase order document and agree that we are able to complete testing as specified.

We will create scripts for your online business processes as defined by you and will carry out our own tests to ensure that the scripts correctly perform the tasks specified by you. We will then make these scripts available to you for initial testing purposes. It is your responsibility to verify that the scripts we have created are correctly carrying out the tests that you require.

If you change any data parameters or website pages/structure between Contract Implementation and acceptance testing we may make additional charges, if applicable, for additional works needed to complete our obligations.

If we do not receive confirmation of acceptance or otherwise within 7 days of delivery of scripts to you, then the contract will be deemed automatically accepted and payment due.

If you purchase testing for an unspecified future date or wish to change testing dates specified at time of purchase, you are required to give us 14 days advance notice of your desired testing dates.

Load Testing of websites may cause those websites to fail and other load associated problems. You agree that all load testing is carried out entirely at your own risk. You undertake that any testing carried out under this agreement is carried out under the full authority of the ultimate owner of the website(s) tested. You also undertake to accept responsibility for any affect of testing carried out within his agreement including those on any 3rd party.

Except as expressly provided in these Terms, we expressly disclaim any further representations, warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of merchantability, satisfactory quality or fitness for a particular purpose.

Other than expressed above our liability in connection with any product or service supplied by Site Confidence is strictly limited to the purchase price of such product or service. In no event shall Site Confidence be liable for any special, indirect, incidental, consequential or punitive losses or damages (including losses or damages for any lost revenues, profits or data), even if we have been advised or made aware of the possibility of any such losses or damages and regardless of whether the claim is based on performance or non-performance of any Site Confidence product or service. This does not exclude or limit in any way our liability for fraud, or for death or personal injury caused by our negligence, or any other liability to the extent that it may not be excluded or limited as a matter of law.

If you use Site Confidence services for any illegal purpose or for any purpose other than that permitted by these Terms you will be liable to indemnify us in full for any loss, liability or cost which we incur arising from or in connection with any such use or alleged use.

You agree that we may transfer our rights and obligations under this Agreement to another company or person. You may not transfer your rights or obligations under this Agreement to anybody else without obtaining our written consent, such consent not to be unreasonably withheld.

If we fail to enforce a right under this agreement that failure will not preclude us from enforcing the other rights, or the same type of right on a later occasion.

We may change or supplement these Terms from time to time. We will give you notice in writing (normally by email) of such changes at least 14 days prior to their effect with the changes being deemed accepted unless we receive written notification from you to the contrary within 14 days of their submission.

These terms and conditions do not affect your statutory rights as a consumer.

English law shall govern this agreement and exclusively English Courts shall resolve any disputes.

If you have a complaint or any questions relating to this agreement, please telephone us on 0870 850 8520 or email us at customer.service@siteconfidence.co.uk.

Site Confidence Ltd (siteconfidence^TM) is a UK registered company (Registered in England no. 4069379), whose offices are located at St Martins House, St Martins Walk, Dorking, Surrey, RH4 1UW. Our general telephone number 0870 850 8520, Fax Number 0870 850 8521 and VAT number is 771107057.

These Terms and Conditions were last updated on June 1st 2007