Terms and Conditions of Service

OVERVIEW

This website is operated by IRISMOB LTD. Throughout the site, the terms “we”, “us”, “our” , “Irisbits” and “irisbits.com” refer to IRISMOB LTD. Irisbits (IRISMOB LTD) offers this website (irisbits.com), including all information, tools and services available from this site (irisbits.com) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

These Terms and Conditions explain the basis under which the Service Provider will provide the Services to the Client. The Client should read these Terms and Conditions carefully to make sure that they understand what is agreed.

By visiting our site, subscribing to our services and/ or purchasing something from us, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “Terms and Conditions”, “Terms and Conditions of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, clients, merchants, and/ or contributors of content.

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Any new features or tools which are added to the current website shall also be subject to these Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1. DEFINITIONS

In these Terms and Conditions, the following words and phrases have the following meanings:

‘Client’the person or company buying the Services
‘Confirmation of Acceptance’the Service Provider’s confirmation that the Client’s order has been accepted and a binding agreement has been formed for the supply of the Services
‘Parties’the Client and the Service Provider
‘Party’either one of the Client or the Service Provider
‘Service Provider’the person or company selling the Services; contact details at the end of these Terms and Conditions
‘Services’the services that the Client is purchasing
‘Terms and Conditions’this document detailing the rights and responsibilities of the Parties

2. GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

4. MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products or services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.

5. SERVICES , PAYMENTS AND REFUNDS

The Services will be performed so far as reasonably practicable, at such time or times as the Service Provider shall decide. Any times, dates or periods given by the Service Provider for provision of the Services are estimates only. The Service Provider will make reasonable efforts to comply with any such time estimates, and will perform the Services within a reasonable time. However, time is not of the essence in respect of the Service Provider’s performance of the Services. 

You may not use our products for any illegal, unauthorized, immoral or inappropriate purposes. The Services may not be abused nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

We reserve the right to refuse service to anyone for any reason at any time.

We reserve the right to refuse to deliver a service, order or a task for any reason at any time without notice.

We reserve the right, to refuse orders, tasks or content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, immoral, inappropriate or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. This includes but is not limited to, any orders, tasks, content or requests that are:

  • Unlawful
  • Solicits others to perform or participate in any unlawful acts.
  • Violates any international, federal, provincial or state regulations, rules, laws, or local ordinances.
  • Infringes upon or violate our intellectual property rights or the intellectual property rights of others.
  • Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
  • Contains misleading information or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet.
  • Collects or track the personal information of others.
  • Spam, phish, pharm, pretext, spider, crawl, or scrape codes or bots. 
  • Interferes with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to but have no obligation to, monitor, edit or remove such tasks, orders or content without notice, and to terminate your account and subscription plan or order immediately, and to deny any services to you at anytime.

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

We may, at our sole discretion, set or change the fees for using the Website or services. The fees are published on our website for the use of our website or services, or as agreed between the parties in case of a custom order or service, that may include but not limited to, custom subscription plans, or a flat payment per service. We may, at our sole discretion, at any time, change the fees with a 5 working days notice. By continuing to use our services or website, you agree to the fee changes and will be charged accordingly.

You may purchase a service subscription by paying a subscription fee in advance on our website or through an invoice that is to be paid online through our website or through our online payment processing provider, on the recurring interval publishing on our website. Your subscription will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period.

Fees for custom orders or custom subscription plans must be paid in advance on our website or through an invoice that is to be paid online through our website or through our online payment processing provider. If you (The Client) have been offered a custom order or a custom subscription plan by us ( The Service Provider) that includes payment after the Services are delivered, your payment method on file will be charged automatically after the Services are delivered, or on the last day of the month of the custom subscription plan or as soon as the fees on your account reach the threshold that has been set to your account, whichever occurs first. The threshold amount set to your account will be provided to you either on our website, or by Email, and is subject to change, in case of changes to the threshold amount, we will inform you by Email, by continuing to use our services, you agree to the set threshold. If the automatic payment collection has failed, you (The Client) will be responsible to pay all fees manually by paying online through the invoice we will send you by our payment processing provider. We have the right to not deliver the Services unless the fees have been delivered in full. Late payments bear interest at the rate of 8% plus the Bank of England base rate for business to business transactions (or the highest rate permitted by law, if less).

No refunds will be offered for Services unless otherwise has been confirmed by us the Service Provider. No refunds will be offered to the Client for subscriptions to Services or orders fees regardless if the Services have been used or not by the Client.

You agree to pay all per-use fees or fees associated with your subscription, as appropriate. IRISMOB LTD may provide you with the ability to pay the Fees through a third party service. All Fees paid through these third parties are subject to the third party’s Terms of Service, and we will not be responsible for anything contained therein. You are responsible for payment of any sales or use taxes associated with the Fees or your use of the Site.

You agree that until your account subscription is terminated or expires, you will continue to remain responsible for the subscription payments, even if you do not use our service. Subscription payments are nonrefundable.

By ordering custom orders or custom services subscription from the Service Provider, the Client makes an offer to buy the Services for the price given by the Service Provider. There is no binding contract between the Parties at the time when the order is requested. The Service Provider will contact the Client by email to confirm the custom order or custom subscription plan. This Confirmation of Acceptance is the Service Provider’s acceptance of the order made by the Client.

All orders and subscriptions plans, are subject to the service guidelines and limitations published on our website, unless otherwise has been agreed and confirmed by the Service Provider.

We may, at our sole discretion, offer free Services or free trials

The Client shall co-operate fully with the Service Provider in the performance of the Services. Co-operation shall include, but is not limited to: Responding promptly and properly to any correspondence, request, query or communication from or on behalf of the Service Provider. Promptly providing any information, documentation, instruction, support or other assistance as the Service Provider reasonably requires. Promptly making any space, resources or facilities available as may reasonably be required by the Service Provider; and paying any and all sums due on time.

If the Client does not comply fully and properly with their responsibilities under this clause, the Service Provider may, without prejudice to their legal rights: Charge the Client for any costs or expenses thereby reasonably incurred; or suspend the provision of the Services until such time as the Client complies, so far as reasonably practicable, with their responsibilities under these Terms and Conditions.

Any unlimited plans enables the Client the submission of unlimited number of tasks, we will start working on each task individually in the order we receive them. Once a task is marked as complete we will then start on working on the following task.  We will not continue to deliver work or enable submission of any new tasks if your subscription has been cancelled, ended, terminated or refused by us.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

6. ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

7. OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Service Provider is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

8. SUB-CONTRACTORS

The Service Provider can, at its absolute discretion, choose to retain or instruct sub-contractors to carry out the Services in whole or part.

9. THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

10. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

11. PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

12. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

13. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

14. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Subject to the rest of this clause, the Service Provider’s total liability to the Client will not, in any circumstances, exceed the total amount of the price payable by the Client.

In the event that the Client or their servants or agents breach these Terms and Conditions, or are negligent in their actions, the Client will, to the fullest extent permitted by law, indemnify the Service Provider against any liability, loss, claim, damage, expense suffered by the Service Provider as a result.

In no case shall IRISMOB LTD, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

15. INDEMNIFICATION

You agree to indemnify, defend and hold harmless IRISMOB LTD and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

16. SEVERABILITY

If any of the provisions of these Terms and Conditions are unlawful, invalid or otherwise unenforceable, they will be severed from the remainder. The Terms and Conditions which are left will remain valid and enforceable.

17. AGENCY OR PARTNERSHIP

Nothing in these Terms and Conditions is intended to or does imply any partnership, fiduciary relationship, joint venture, agency or any other relationship between the Parties, save as provided for in these Terms and Conditions.

18. THIRD PARTIES

For the purposes of the Contracts (Rights of Third Parties) Act 1999, these Terms and Conditions are not intended to and do not confer any rights on any person who is not a Party. Any person who is not a Party does not have the right to enforce any provision of these Terms and Conditions.

19. CIRCUMSTANCES BEYOND THE CONTROL OF THE PARTIES

The Service Provider shall not be liable for any delay or failure to perform any term or part of these Terms and Conditions due to circumstances beyond the reasonable control of the Service Provider. Such circumstances include – but are not limited to – industrial action, lock out, trade dispute, power failure, internet outage, fire, natural disaster or outbreak of war. As soon as is reasonably possible after the discovery of such circumstances, the Service Provider will notify the Client in writing of any anticipated or existing delay or failure in performance.

If the circumstances referred to in this clause continue for a period of longer than 1 days, the Service Provider can end the contract by giving 1 days’ notice in writing to the Client. All money owing under these Terms and Conditions before the circumstances arose shall be paid immediately.

20. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

21. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms and Conditions and the Confirmation of Acceptance taken together are the entire agreement between the Service Provider and the Client and supersede any and all prior terms, conditions, warranties or representations to the fullest extent permitted by law.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

22. WAIVER

Any failure or delay by the Service Provider in using rights or powers provided by these Terms and Conditions shall not constitute a waiver of the whole or any part of these Terms and Conditions. The partial or sole use of any rights or powers provided by these Terms and Conditions shall not prevent any additional use of the same rights or powers. The rights, powers and remedies in these Terms and Conditions are additional to the rights of the Parties provided by law.

23. GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with English law and the courts of England and Wales will have exclusive jurisdiction in relation to them.

24. CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

25. CONTACT DETAILS

The Service Provider is IRISMOB LTD of 137 Bishopthorpe Road, Bristol, United Kingdom, BS10 5AE and can be contacted at +447780967485 or hello@irisbits.com. In circumstances where the Client is required to contact the Service Provider in writing, they can email them at hello@irisbits.com.