Logon & Terms and Conditions

	Please take a moment to read these terms and conditions carefully as they form the basis of your contract with Airclaims :
1. INTERPRETATION 1.1 In this Contract the following meanings shall apply: "Account" means the facility extended under this Contract allowing you to access and use the Service; "Ascend" means Ascend Worldwide Ltd whose registered office is at Cardinal Point, Newall Road, Heathrow Airport (London), Hounslow TW6 2AS; "Authorised Users" means those employees of your company notified to Airclaims in the Registration Form (as updated by you from time to time) who are authorised to access and use the Service through your Account; "Charges" means [the charges for access and use of the Service as notified to you in the Proposal]; "Content" means information, graphics, software, and other material appearing on or available through the Website; "Contract" means the agreement between Airclaims and you for access to the Website and the use of the Service incorporating the Terms, the Registration Form and, following acceptance by Airclaims of the Registration Form, the Proposal and the Airclaims Information and Consultancy Terms and Conditions; "Guest Area" means the free-access area of the Website; "Help Desk" means the Service help desk operated by Airclaims at helpdesk@airclaims.com; "Members Area" means the area of the Website from which the Service is provided; "Proposal" means the Airclaims proposal detailing the nature of the Service you request and [the amount of advance Charges to be credited to your Account] [the number of hits available to you via the Service]; "Registration Form" means the Service registration form displayed and completed online and submitted to Airclaims at [accounts@airclaimsv1.com]; "Service" means [the on-line asset valuation service provided by Airclaims at the Members Area of the Website]; "Terms" means these terms and conditions; "You" means the customer with whom Airclaims makes the Contract and includes all Authorised Users and any person who Airclaims reasonably believes is acting with the customer's authority or knowledge; "Website" means the site currently located at www.airclaimsv1.com which includes the Guest Area and the Members Area. 1.2 The Contract sets out the entire agreement between you and Airclaims for the use of the Website and the provision of the Service. To the extent there is any conflict or inconsistency between them the Terms and the Proposal the Terms shall prevail. 2. SETTING UP AN ACCOUNT 2.1 To access the Members Area and use the Service you must set up an Account with Airclaims. To do this you must complete and submit the Registration Form. You confirm and warrant that all the information supplied by you when you register for the Service is true, complete and accurate in all respects. You agree to notify promptly [the Help Desk] of any changes in your details [in particular in respect of the Authorised Users.] If Airclaims believe that you have provided false information or failed to notify Airclaims of any changes Airclaims reserves the right to terminate this Contract and your access to the Members Area and the Service immediately without notice. 2.2 Upon receipt and processing of your Registration Form, Airclaims will send you via e-mail the Proposal. Airclaims may refuse any registration application or any amendment to the Authorised Users at its sole discretion. 2.3 If you agree with the terms of the Proposal, you must print off the Proposal, sign it and return a copy to Airclaims by fax or first class pre-paid post within l days of the date of the Proposal. 2.4 Once Airclaims have received the signed Proposal and payment of advance Charges from you in accordance with Clause 4, Airclaims will indicate their acceptance by e-mailing you your unique security ID and password. At this stage a binding agreement will be formed. 3. PROVISION OF THE SERVICE 3.1 Airclaims agree to provide you with the Service in accordance with the terms and conditions of the Contract. 3.2 Airclaims cannot guarantee that the Website and the Service will never be faulty but Airclaims will correct reported faults as soon as Airclaims reasonably can. If a fault occurs you should report the fault to the Help Desk. 3.3 The Service is accessed via a telecommunications dial-up connection. You are responsible for the provision of and payment for telecommunications services plus a suitable PC, modem and any other items of hardware or communications equipment necessary to enable you to access the Service. In no circumstances will Airclaims be able to issue refunds against Charges you incur for, and Airclaims cannot accept responsibility for any delay or inability to access or use the Service due to any faults in, such items or services. 3.4 Airclaims may temporarily suspend access to the Website and the whole or any part of it or the Members Area for any reason at its sole discretion. Airclaims may, but shall not be obliged to, give you as much notice as is reasonably practicable. Airclaims will restore access to the Website and the Members Area as soon as reasonably practicable after temporary suspension. In accordance with Clause 9 below Airclaims shall not be liable to you for any loss which you may incur as a result of such suspension or delay. 3.5 Airclaims may vary the technical specification of the Service from time to time. 4. CHARGES 4.1 You must pay the advance Charges due for the Service which will be credited to your Account in accordance with this clause. 4.2 Payment must be made by [cheque or telegraphic transfer to Airclaims' bank account]. 5. SECURITY 5.1 You are responsible for ensuring that no unauthorised access is obtained to the Members Area and/or to the Service through your Account. You will be entirely liable for all activities conducted and Charges incurred through your Account, whether authorised by you or not. 5.2 In order to access the Members Area and use the Service you will receive by e-mail from Airclaims upon payment a unique security ID and password (the "Passwords"). You are responsible for the security and proper use of these and must take all necessary steps to ensure that they are kept confidential, used properly and not disclosed to unauthorised people. 5.3 You must inform Airclaims immediately if you have any reason to believe that any Password has become known to someone not authorised to use it or if any Password is being or is likely to be used in an unauthorised way. If Airclaims have reason to believe that there is likely to be a breach of security or misuse of the Service Airclaims may change any or all of your Passwords immediately and will notify you accordingly. 5.4 If you forget any Password, by contacting the Help Desk and satisfying the security checks Airclaims operate, you will be given a new Password to enable you to access the Members Area and use the Service. 6. USE OF DATA The details you provide to Airclaims will be stored on computer and used to provide the Service to you. Please refer to the Privacy Policy for details of how your data will be used and processed by Airclaims. 7. USE OF THE SERVICE 7.1 The Website and the Service enables access to Content which may be protected by copyright, trade mark and any other intellectual property and related rights ("Rights"). You shall use the Website, the Service and the Content for your own internal business purposes only [specific copying restrictions?] ("Approved Use") and comply with all other instructions regarding use of the Website, the Service and the Content. Unless otherwise allowed by specific provisions for particular parts of the Content you shall not permit anyone else to, copy, store, modify, transmit, distribute, broadcast, or publish any part of the Content other than when this is reasonably necessary for the normal delivery of the Service or for Approved Use of the Content in accordance with these Terms. 7.2 You agree to use the Website and the Service for lawful purposes only, and in a manner which does not infringe, restrict or inhibit access to or use of the Website and/or the Service by any other persons. 7.3 You must contact Airclaims immediately if anyone makes or threatens to make a claim against you relating to your use of the Website and/or the Service. You will comply with any reasonable request from Airclaims in relation to such, or any similar, claim. 8. SUSPENSION AND TERMINATION 8.1 In addition to any other rights Airclaims may have, Airclaims can suspend or terminate your Passwords and your Account immediately without notice if: (a) you breach any provision of the Contract; (b) you are made bankrupt, enter into liquidation or any arrangement or composition with your creditors or if a receiver or administrator or administrative receiver is appointed against any of your assets or business; or (c) Airclaims cease or intend to cease to operate the Service. 8.2 You have the right terminate this Contract and your Account at any time on written notice to Airclaims. 8.3 Airclaims are unable to refund any advance Charges which remain in your Account on the date of termination. 8.4 If Airclaims delay in acting upon a breach of the Contract by you, then delay will not be regarded as a waiver of the breach. If Airclaims do waive a breach of this Contract by you, that waiver is limited to that particular breach. 9. LIABILITY 9.1 Whilst Airclaims will use all reasonable skill and care in the creation and supply of the Website, the Service and the Content, you are solely responsible for evaluating the suitability, accuracy and completeness of any Content and Airclaims does not give any warranty as to its suitability, accuracy or fitness for any purpose. 9.2 Subject to 9.3 and 9.4 Airclaims excludes all liability whether in contract, tort (including liability for negligence) or otherwise for the suitability, accuracy or fitness for any purpose of the Service and any Content and limits its liability for any other liability under or in connection with this Contract to the Charges payable by you for the element of the Website, the Service or Content in dispute. 9.3 Subject to 9.4 Airclaims excludes all liability for loss of business revenue or profits, anticipated savings or wasted expenditure, corruption or destruction or data or for any other indirect or consequential loss whatever. 9.4 Airclaims does not limit or exclude its liability for death or personal injury caused by its negligence or any other liability the limitation or exclusion of which is prohibited by law. 9.5 Save as expressly specified in this Contract, all warranties, conditions or other terms implied by statute, common law or otherwise are excluded to the fullest extent permitted by law. 10. INDEMNITY You agree to indemnify Airclaims against any claims or legal proceedings arising from any use by you of the Service, the Website and the Content which are brought or threatened against Airclaims by another person. 11. GENERAL 11.1 Airclaims may modify the Contract or any website address used for the Website and the Service at any time, such modifications becoming effective immediately upon either posting of the modified Contract on the Website or notification to you. By continuing to use the Website following any such modification you will be deemed to accept such modification. 11.2 You are not allowed to transfer or attempt to transfer this Contract in whole or in part. You shall not re-sell or attempt to re-sell the Service (or any part or facility of it) or any Content to any other person. 11.3 If Airclaims cannot perform its obligation under this Contract because of circumstances beyond its reasonable control such as technical failure, severe weather, fire or explosion, civil disorder, war, or military operations, natural or local emergency, anything done by government or other competent authority or industrial disputes of any kind, Airclaims will not be liable for this. 11.4 Notices given under the Contract may be given by Airclaims to you on-line through the Service or in writing to the address as currently stated in your Account details and by you to Airclaims to the Help Desk in writing to Airclaims at the above address. 11.5 This Contract is governed by English Law and you and Airclaims submit to the non-exclusive jurisdiction of the English courts.
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