EyeInvent | Terms and Conditions

EyeInvent Terms and Conditions

I have attempted at all times to be clear and unambiguous. I update the Website Critique Terms and Conditions from time to time so please revisit this page periodically:

Website Consultancy Service: Terms and Conditions

EyeInvent Website Critique: Terms and Conditions

Last Modified: 23 October 2010

Important guideline for children and young people (below the age of 18): you may not request a Website Critique without the consent of your Parent or Guardian.

1 Definitions

1.1 'Website Critique' refers to the website critique service available at EyeInvent and undertaken by Mike de Sousa. 'Website Owners' refers to the commissioning individual or business of the Website Critique. 'Website' refers to the site being critiqued.

2 Permissions

2.1 Website Owners have the authority to permit the Website to be viewed by Mike de Sousa, the Director of EyeInvent.

2.2 Any trademark depicted on the Website Owners' Website, is the property of the trademark owner, who retains the rights to said trademark. Republished items may also be subject to copyright or other protection. Accordingly, the presentation by EyeInvent of any item in the Website Critique constitutes a license or permission to use such item for the sole purpose of the Website Critique. Downloading, copying, transmitting or any other use of the displayed item is prohibited.

2.3 At no time may anyone state or imply, directly or indirectly, that Website Critiques (in part or whole) are written by another individual. If an extract is quoted from a Website Critique, it must be attributed to the Author Mike de Sousa and quoted with reference to the Critique.

3 Liability

3.1 No liability will be incurred by Mike de Sousa as a direct result of, or influence by, a Website Critique carried our for Website Owners. Although every effort will be made to provide accurate information for critiques, Mike de Sousa will not be held responsible for any actions taken as a result of errors that may be inadvertently present within a Website Critique.

3.2 Mike de Sousa shall not be under any liability to Website Owners in any way whatsoever for any failure to perform any of its obligations as a result directly or indirectly of: war; rebellion; civil commotion; strike; lock-out; industrial dispute; fire; explosion; earthquake; acts of God; flood; drought; bad weather; electricity or other power failure system failure; or the requisitioning or other act or order by any government department council or other constitutional body.

4 Data Protection

4.1 All personal information presented to Mike de Sousa is kept strictly confidential and in accordance with the Data Protection Act 1998/2000/2001 (United Kingdom).

5 Proprietary Rights to View and Publish Content

5.1 Website Owners grant the Director of EyeInvent permission to view and record any materials necessary to critique the Website. Furthermore, Website Owners grant permission to take screenshots of the Website, and to use text or source code from the Website, for the sole purpose of including these screenshots, text, and source code in the finalised pdf Critique Document for illustrative purposes.

6 Payments

6.1 After placing their order for the service of their choice, Website Owners are redirected to WorldPay or PayPal's secure server to enter their card or payment details and make the financial transaction. EyeInvent never receives or stores card details.

6.2 EyeInvent accepts the following credit card payments: Master Card; Debit Master Card; Visa Credit; Visa Debit; Visa Electron; Maestro; JCB; and Solo.

6.3 Website Owners may pay in UK Pounds Sterling; US Dollars; or Euros.

6.4 Website Owners must pay for each Website Critique they wish to be undertaken. Submitting a second Website Owners Review at a later date using the same WorldPay payment CartID will be ignored.

6.5 Website Critique upgrades are not available as websites may have undergone significant changes since the first EyeInvent Website Critique was undertaken. Differences might include issues surrounding: server identity and performance, visual redevelopment, changes to editorial copy, and improvements in usability and accessibility.

7 Commitments

7.1 Upon receipt of an order and confirmation the credit card has cleared funds, Website Owners are redirected to a special non-public area of EyeInvent which provides information about the Website Critique service.

7.2 When Website Owners have read their Website Owners Guide and have prepared their answers for the Website Owners Review, they must connect to the Internet, and open the special Website Owners Review page. After completing the Website Owners Review, Website Owners then submit the Website Owners Review form. On receipt of this form, the critique process will commence. The Critique will cover all the Commitments outlined under the Website Critique service at www.eyeinvent.com which the Website Owner has paid for.

7.3 Critiques will be communicated via a Skype call with the website owner. An introductory session of 30 minutes at a cost of US$55 is available to first-time clients. The standard one hour Skype consultancy costs US$200.

8 Indemnification

8.1 Website Owners agree to defend, indemnify and hold harmless EyeInvent, its parents, subsidiaries, affiliated companies, officers, employees, licensees, distributors and ICPs from all losses, liabilities, claims, demands, damages or expenses, including reasonable attorney's fees, (i) arising from breach of this Agreement, or (ii) asserted by any third party due to or arising from or in connection with your use of EyeInvent's Website Critique service. EyeInvent reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, which shall not excuse your indemnity obligations.

9 Termination

9.1 Either Website Owners or EyeInvent may terminate this agreement at any time with or without cause. Website Owners' only right with respect to any dissatisfaction with the Website Critique service is to terminate their account with EyeInvent by notifying EyeInvent support of their desire to terminate this service by email. Their notice of termination will be effective upon receipt by EyeInvent, or upon receipt of confirmation if confirmation is requested.

9.2 If a Website Critique has been paid for and is terminated by the Website Owners with or without cause no refund will be applicable.

9.4 If a Website Critique has been paid for and is terminated by EyeInvent with or without cause, a full refund will be provided.

10 Ethical Policy

10.1 EyeInvent reserves the right to immediately terminate this agreement without discourse if it discovers Website Owners either employ child labour, or are involved in the production or distribution of pornography, or gambling websites.

11 Copyright

11.1 All rights in the site design, text, graphics and other content, interfaces and the selection and arrangements thereof, all software compilations, underlying source code, and software belong to EyeInvent. All rights reserved. No part of this web site may be copied, performed in public, broadcast or adapted without the prior written permission of EyeInvent.

11.2 If you have any outstanding questions please use the Contact Form.

12 Entire Agreement and Modification of Agreement

12.1 This Agreement comprises the entire agreement between EyeInvent and Website Owners, and supersedes any prior agreements between EyeInvent and Website Owners with respect to the subject matter hereof or thereof. However, Website Owners are subject to any additional terms and conditions of which you are notified and/or which may apply.

12.2 EyeInvent reserves the right, at its discretion, to revise this Agreement at any time, and such revision shall be effective immediately upon the posting of the revised Agreement at the Web Site www.ablestable.com. Website Owners agree to review the Agreement periodically to become aware of such revisions. If any such revision is unacceptable to Website Owners, Website Owners may terminate their Website Critique service.

12.3 Website Owners acknowledge that after the 30 minute or one hour site consultation via Skype, the commitment and contract between Website Owners and Mike de Sousa with respect to the EyeInvent Website Critique has been concluded in its entirety. Website Owners may request additional 1 hour consultation sessions via the Contact Form.