PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF THE STATUSHUB WEBSITE AND APPLICATION SITUATED AT WWW.STATUSHUB.COM AND APP.STATUSHUB.IO RESPECTIVELY (together, the “Application”) AND BY ACCESSING THE APPLICATION AND USING THE SERVICES ON IT YOU (AS DEFINED BELOW) ("YOU"), ARE FORMING A CONTRACT AND AGREEING TO THE TERMS AND CONDITIONS THAT APPEAR BELOW.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS THEN PLEASE DO NOT USE THE APPLICATION OR THE SERVICES.
1. Provision ofthe Servicesand How to Contact us
StatusHub provides an online means formeasuring and notifying registered uses of down time, problem issues or scheduled maintenance on their website("Service").
- Full contact details for StatusHubare as follows:
- Registered address: Unit 3D North Point House, North Point Business Park, New Mallow Road, Cork, Ireland
- Contact Address: As above.
- Email Address: email@example.com
2. Licences Granted and Subscription
StatusHub hereby grants to You a non-exclusive, revocable, non sub-licensable, non-transferable license to use the Application for Your own internal business purposes, however, and notwithstanding that permission, You hereby acknowledge that all copyright, database rights, application design, trade andlogos and/or names, design rights, know how and all other intellectual property rights ("Intellectual Property") in each case whether registered or not belong to StatusHub (or applicable licensors) and may not be used in any way whatsoever without the prior written consent of StatusHub.
You are responsible for the use of the Application by all of Your users and it is Your responsibility to ensure that You and Your users are properly subscribed to our user list. If any users are un-subscribed from the subscription list, then You run the risk of not being advised of any change notification as prescribed by the Services. If You or any user has unsubscribed from our list and wishes to re-subscribe, please send a support ticket request through your dashboard and we shall deal with the same.
StatusHub respects Your right to privacy and has a strict policy of complying with the terms of the GDPR.
As referred to under clause 2 above, at certain times, and as a result of Your interaction with the Application and the use of the Services, StatusHub may hold and process personal data obtained about You for the purposes of providing You with the Services. By registering with and/or using the Services, You consent to this collection and use of your personal data.
Please note that we may also use Your details to send You information about our products and/or Services from time to time, and if You do not wish to receive such information please contact us at firstname.lastname@example.org or by post at the above address and we shall immediately cease such communication.
4. Warranties and Indemnity and Storage of Content
StatusHub warrants that it will use all reasonable skill and care in the provision of the Services but makes no warranty that the Application is free from viruses or anything else that has contaminating and/or destructive properties. It is always Your responsibility to adopt appropriate back-up, firewall and other precautionary security measures. You warrant and represent that You are the owner or licensee of any content that You upload, record or otherwise transmit through the Services ("Content" ). You warrant and represent that You shall not publish, post, upload, record or otherwise transmit anything that: (i) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violates any law or statute, (iii) is defamatory, unlawfully threatening or unlawfully harassing; (iv) is profane, indecent, obscene, harmful to minors or pornographic; (v) contains any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or property of another; or (vi) is materially false, misleading or inaccurate.
You agree not to: (1) use the Services in connection with chain letters, junk mail, pyramid schemes, spamming or any duplicative or unsolicited messages, or any use of distribution lists to any person; (2) harvest or otherwise collect information about others; (3) knowingly interfere with or disrupt networks connected to the Services or violate the regulations, policies or procedures of such networks; (4) attempt to gain unauthorised access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means; or (5) use the Services for any illegal purposes whatsoever.
In addition to the above, You also warrant that You will:
- not attempt to replicate the Service by creating a large number of free accounts;
- ensure the email address You provide us for your account is valid;
- ensure that You and all users on your subscription account comply with the terms and responsibilities set out hereunder;
- provide the information, access and any cooperation reasonably required of You so that StatusHub can provide You with the Service;
- not have relied on any representations made by us not set out hereunder;
- not to sell, charge or otherwise encumber the Service in any way without prior written approval by StatusHub;
- ensure that Your password(s) and any other access information be kept safe and secure and ensure that the Service is at all times protected from access, misuse and damage by anyone using the Service through your passwords(s) or access information;
- contact us immediately should you believe that your password(s) or access information is no longer secure or you have become aware of any unauthorised use of the Service;
- comply with any reasonable directions we give You and restrictions we place on You regarding your use of the Service; and
- pay the subscription fee and any other usage charges in relation to your use of the Service at the times and means we reasonably specify.
You agree to fully indemnify StatusHub from and against all claims, liabilities, costs and expenses (including but not limited to legal fees) arising out of Your use of the Services or related to any breach of this Agreement. In addition, You agree to not settle any matter or third party claim without the prior written consent of StatusHub.
Please note that StatusHub will not be responsible for the storage and/or back up of any Content and You should make Your own arrangements with respect to the same.
5. Services Availability and Limitation of liability
The Services is provided on an “as is” basis and all conditions and warranties or representations whether express or implied are fully excluded from this Agreement to the extent that they can be excluded as a matter of applicable law.
To the maximum extent permitted by law, StatusHub shall not be liable to You (and for the avoidance of any doubt, “You” shall include your users) for the use or inability to use the Services, whether in contract, tort (including negligence) or otherwise for:
- any indirect, consequential or special loss or damage whatsoever (even if advised of the possibility of such damages);
- any loss of profit, loss of anticipated savings, loss of business, loss of goodwill, loss of data or other such financial or business loss or damage; or
- any other loss or damage in an amount exceeding €50.00 (fifty Euros) in the 12 months preceding the date on which such liability arose.
6. Subscription, Payment and Refunds
The subscription fee is charged monthly at the anniversary of Your initial sign up date for the Service. Every account comes with a 14 day free trial. You may cancel your account at any time within this 14 day period and not be charged for Your use of the Service.
Your subscription will automatically renew on the renewal date for a new billing period at the end of Your current billing period. At this time Your account will be charged the new subscription fee for the next billing period.
You may also, in addition to the monthly fee, purchase additional messages, team members and or subscribers – please note that these package extras are non-refundable should You choose to cancel your account.
StatusHub reserves the right to change our fees and charges and introduce new charges at any time. You will be notified of any such change via an email to our user subscription list.
You may upgrade or downgrade your account plan with StatusHub at any time via the accounts dashboard panel within your StatusHub account.
If you are using StatusHub via the Heroku service (and the Heroku service, means the software hosting service provided by Heroku, Inc of 321 11th Street, San Francisco, CA provided through the website at http://heroku.com), then Your charges for the Service will be controlled through the Heroku service.
Any change to Your account will take effect immediately and apply to all future invoices.
If You are upgrading Your account, we will charge you immediately for the remaining time of Your billing period for Your new account plan.
If you are downgrading your account, we will charge You the new plan amount at your next renewal date of Your billing period.
Once you start paying for the Service, You can cancel and terminate this Agreement and the provision of the Service via email at any time.
Your subscription fee is a monthly access fee paid and is not refundable. Annual fees are non-refundable after 6 months of Your use of the Service in any given 12 month period.
If You have purchased a number of additional SMS, subscribers or team members in the month that You cancel your account, these are also non-refundable.
All notices shall be given to StatusHub via e-mail at email@example.com or by post to StatusHub’s land address as set out under clause 1 of this Agreement.
The Services may contain links to Applications and other resources however StatusHub shall not be responsible and shall not be held liable for the availability or content of these resources. No endorsement or approval of any such third party applications, their advice, opinions, information, products or their services is expressed or implied by any information on the Application or elsewhere via the provision of the Services and where we provide links to other Applications it is done for Your convenience only and shall be at Your own risk and we shall not be liable for any damages arising in connection therewith.
This Agreement and Your access to the Services may be terminated by StatusHub at any time or by written notice if (in the sole opinion of StatusHub) You are in breach of this Agreement and the breach is not properly remedied (which shall also be decided in the sole discretion of StatusHub) within the period of 7 days after written notice of the breach has been given to You.
In addition, Your use of the Services is limited to reasonable use (which shall be decided in the sole opinion of StatusHub) and we may revoke your right to access the Service if we consider You have violated this reasonable- use proviso.
Please note that You may terminate this Agreement at any time and without having to provide StatusHub with a reason. Please see above under clause 6 for further details.
In the event either side terminates this Agreement, permission for one party to use the other party’s Content and Intellectual Property shall be immediately rescinded, however, You acknowledge that any Content previously posted via the Services may have already been used by third parties (such as Facebook and/or Twitter etc) and posted on other sites and/or feeds – in such situations it is not possible and neither is it the responsibility of StatusHub to ensure their take-down and/or deletion and StatusHub assumes no liability whatsoever for the same.
10. Dispute Resolution
Where any dispute arises between the parties concerning the Services and/or this Agreement, no party may commence any court or arbitration proceedings relating to the dispute (other than for injunctive relief) unless that party has complied with the procedures set out in this clause. The party initiating the dispute (“the first party”) must provide written notice of the dispute to the other party (“the other party”) and nominate in that notice the first party’s representative for the negotiations. The other party must within seven days of receipt of the notice give written notice to the first party naming its representative for the negotiations. Each representative nominated shall have authority to settle or resolve the dispute.
If the parties are unable to resolve the dispute by discussion and negotiation within 14 days of receipt of the written notice from the first party, then the parties must immediately refer the dispute to mediation.
The mediation must be conducted in accordance with the procedures adopted by the Irish Commercial Mediation Association (ICMA). The mediation must be conducted by a mediator at a fee agreed by the parties. Failing agreement between the parties, the mediator shall be selected, and his/her fee determined by the Chairperson of the ICMA.
11. General, Applicable Law and Jurisdiction
No failure or delay on the part of StatusHub relating to the exercise of any right, power, privilege or remedy provided under this Agreement shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any proceeding or succeeding breach by the other party to this Agreement.
StatusHub shall be under no liability to You in respect of anything, which notwithstanding this provision, may constitute a breach of this Agreement arising by reason of force majeure, which includes Acts of God and failure of third party delivery agents.
We reserve the right to use Your name or your company, organisation or legal entity's name and/or logo as a reference for marketing and promotional purposes on the StatusHub Website or in our marketing materials. If you wish to decline us this right, please email us at firstname.lastname@example.org informing us that You do not wish to be used as a reference, and we shall promptly agree the same.
This Agreement (which shall incorporate the StatusHub privacy and other policies and/or procedures) contains the full and complete understanding between the parties and supersedes and replaces all prior arrangements, terms, representations and understandings whether written or oral relating to the subject matter of this Agreement and neither You nor StatusHub shall be bound by any variation or addition to this Agreement unless agreed in writing and signed by duly authorised representatives from both sides. This Agreement may be updated from time to time without prior notice. The current version of the Agreement is always available at https://www.statushub.com/terms
If any parts of this Agreement are held to be invalid, the remaining parts of the Agreement will continue to be valid and enforceable.
In the event of any inconsistency between the terms of this Agreement and/or any other third party terms and conditions the terms of this Agreement shall prevail.
This Agreement and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the Republic of Ireland and shall be subject to the exclusive jurisdiction of the Irish courts.