Garage Invoice

 

TERMS & CONDITIONS

 

These Terms of Use are intended to explain our obligations as a service provider and Your obligations as a customer. Please read them carefully.

These Terms are binding on any use of the Service and apply to You from the time that Garage Invoice provided You with access to the Service.

The Garage Invoice Service will evolve over time based on user feedback. These Terms are not intended to answer every question or address every issue raised by the use of the Garage Invoice Service. Garage Invoice reserves the right to change these terms at any time, effective upon the posting of modified terms, and Garage Invoice will make every effort to communicate these changes to You via email or notification via the Website. It is likely the terms of use will change over time. It is Your obligation to ensure that You have read, understood and agree to the most recent terms available on the Website.

By registering to use the Service, you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.

By using our Services, you acknowledge that you have read our Privacy Policy, available at https://garageinvoice.co.uk/privacy-policy/ ("Privacy Policy").

These Terms were last updated on 21st January 2022.

1. DEFINITIONS

 

"Agreement" means these Terms of Use.

 

"Access Fee" means the monthly or annual fee payable by You in accordance with the fee schedule set out on the Website (which Garage Invoice may change from time to time on notice to You).

 

"Confidential Information" includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorized disclosure by the other party.

 

"Data" means any data inputted by You or with Your authority into the Website or User Website.

 

"Intellectual Property Right" means any patent, trademark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

 

"Service" all services offered through the Garage Invoice website (as may be changed or updated from time to time by Garage Invoice).

 

"Website" means the Internet site at the domain www.garagewebsite.online or any other site operated by Garage Invoice.

 

"User Platform", "User Content" or "User Website" means online and mobile websites, their respective content, and platforms created by "User".

 

"Site Administrators" means both the Subscriber and Super User(s).

 

"Subscriber" means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.

 

"You" or "User" means the Subscriber, and where the context permits, an Invited User. "Your" has a corresponding meaning.

2. USE OF SERVICE

 

1. User Account:

 

In order to access and use certain sections and features of the Garage Invoice Services, you must first register and create an account with Garage Invoice ("User Account").

 

If anyone other than yourself accesses your User Account and/or any of your User Platforms' settings, they may perform any actions available to you (unless as specifically stated otherwise on the Garage Invoice Services), make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more - and all such activities will be deemed to have occurred on your behalf and in your name.

 

You must provide accurate and complete information when registering your User Account and using the Garage Invoice Services, to which you are the sole and exclusive rights' holder. We strongly encourage you to provide your own (or your company's) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.

 

In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business licence) that may assist us in determining ownership. Among others, we may consider the principles set forth below.

 

1. Garage Invoice will consider the owner of a User Account, User Platform and/or User Content created and/or uploaded to the relevant Garage Invoice Service, as the person or entity who has access to the e-mail address then listed in Garage Invoice's records for such User Account under which such User Platform or User Content was created.

 

2. If any Paid Services were purchased via a User Account, Garage Invoice will consider the owner of such User Account and/or the relevant User Platform and/or User Content created thereunder, may be considered to be the person or entity whose billing details were used to purchase such Paid Services ("Billing Information"). Notwithstanding the foregoing, when applicable if a User Platform was connected to an external domain name (either imported or purchased as part of certain Paid Services, as defined below), and such domain's registration information is publicly available via the WHOIS database provided on the www.whois.net website or on Garage Invoice's database, Garage Invoice will consider the owner of such User Platform as the person or entity registered as the registrant of such domain thereunder. If an individual and an organization are both registered as the registrant or the registrant organization of such domain, Garage Invoice will consider the organization as the actual owner of the domain, and therefore as the owner of the User Platform connected to such domain. In the event the Billing Information indicates one person as the owner of the User Platform and the domain registration indicates a different owner, Garage Invoice shall consider the person registered as the owner of the domain connected to the Garage Invoice Account as the owner of the User Platform.

 

3. Notwithstanding the forgoing, Garage Invoice shall have the right to determine the ownership of User Content and/or a User Website as it chooses, including by ignoring the indications set forth above, in the event Garage Invoice deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by Garage Invoice.

2. Access and use the Service:

 

Garage Invoice grants You the right to access and use the Service via the Website and Apps with the particular user roles available to You according to Your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You may not access the Service if you are a direct competitor of Garage Invoice, except with Garage Invoice's prior written consent. In addition, you may not access the Website or Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You acknowledge and agree that, subject to any applicable written agreement between the Site Administrator and the Invited Users, or any other applicable laws:

 

1. the Site Administrator determines who is an Invited User and what level of user role access to the relevant organization and Service that Invited User has;

 

2. the Site Administrator is responsible for all Invited Users' use of the Service;

 

3. the Site Administrator controls each Invited User's level of access to the relevant organization and Service at all times and can revoke or change an Invited User's access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Invited User or shall have that different level of access, as the case may be;

 

4. if there is any dispute between a Site Administrator and an Invited User regarding access to any organization or Service, the Subscriber shall decide what access or level of access to the relevant Data or Service that Invited User shall have, if any.

3. Service Disruption:

 

Garage Invoice endeavours to ensure the best possible availability of the Garage Invoice Services. The Garage Invoice user acknowledges however, that for technical reasons as well as due to the Service Provider's dependence on external factors, (e.g. unavailability of telecommunications networks, electricity outages, hardware and/or software failure etc.), the uninterrupted availability of individual Garage Invoice sites cannot be guaranteed. The Garage Invoice user can therefore not assert a claim for continual access to the Garage Invoice sites. Access restrictions of a temporary nature shall not constitute grounds for warranty claims nor a right to extraordinary termination.

 

The current status of our systems can be viewed under the following link: https://status.guru.co.uk/

 

As regards the fee-based services provided by Garage Invoice, Garage Invoice guarantees within the sphere of our responsibility an availability of 98% throughout the year. Regular maintenance, which can amount to up to 4 hours per week, is not included in the aforementioned, calculated availability. We aim to keep the maintenance times as short as possible.

 

In order to ensure the proper operability of the Jimdo sites, a number of system requirements must be fulfilled. A list of these current requirements is available here. The Service Provider is not liable for disruptions caused by the use of system configurations that vary from the list provided.

3. YOUR OBLIGATIONS

 

1. Payment obligations:

 

An invoice for the Access Fee will be issued each year (or 3 or 6 months) starting one month from the date signed-up to the Service. Garage Invoice will continue invoicing You annually (or 3 or 6 months) until this Agreement is terminated in accordance with clause 8.
All Garage Invoice invoices will be sent to You, or to a Billing Contact whose details are provided by You, by email. You must pay or arrange payment of all amounts specified in any invoice by the due date of the invoice. You are responsible for payment of all taxes and duties in addition to the Access Fee.

2. Pricing:

 

Without prejudice to any other rights that Garage Invoice may have under these Terms or at law, Garage Invoice reserves the right to render invoices for the full (non-discounted) Access Fees due or suspend or terminate Your use of the Service in respect of any or all of Your Organizations in the event that any invoices for those Access Fees are not paid in full by the due date for payment.

3. General obligations:

 

You must only use the Service and Website for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by Garage Invoice or condition posted on the Website. You may use the Service and Website on behalf of others or in order to provide services to others, but if You do so you must ensure that You are authorized to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You.

4. Access conditions:

 

a) You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify Garage Invoice of any unauthorized use of Your passwords or any other breach of security and E-Garage Invoice will reset Your password, and You must take all other actions that Garage Invoice reasonably deems necessary to maintain or enhance the security of Garage Invoice's computing systems and networks and Your access to the Services.

 

b) As a condition of these Terms, when accessing and using the Services, You must:

 

I. not attempt to undermine the security or integrity of Garage Invoice's computing systems or networks or, where the Services are hosted by a third party, that third party's computing systems and networks;

 

II. not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;

 

III. not attempt to gain unauthorized access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;

 

IV. not transmit, or input into the Website, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and

 

V. not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.

5. Communication Conditions:

 

As a condition of these Terms, if You use any communication tools available through the Website (such as any forum, chat room or message centre), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person's computing devices or software, content that may be offensive to any other users of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use).

 

When You make any communication on the Website, You represent that You are permitted to make such communication. Garage Invoice is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services. As with any other web-based forum, You must exercise caution when using the communication tools available on the Website. However, Garage Invoice does reserve the right to remove any communication at any time in its sole discretion.

 

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you - with or without further notice to you, and without any refund of amounts paid on account of any such Services.

6. Indemnity:

 

You agree to defend, indemnify and hold harmless Garage Invoice, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including solicitors' fees / attorneys' fees) arising from:

 

a) your violation of any term of these Terms of Use or any other Garage Invoice Terms.

 

b) your violation of any third-party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the Garage Invoice Services, including, without limitation, Garage Invoice Services' actions for your benefit.

 

c) any other type of claim that your User Platform and/or User Content caused damage to a third party.

4. CONFIDENTIALITY AND PRIVACY

 

1. Confidentiality:

 

Unless the relevant party has the prior written consent of the other or unless required to do so by law:

 

a) Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.

 

b) Each party's obligations under this clause will survive termination of these Terms.

 

c) The provisions of clauses 4.1.a and 4.1.b shall not apply to any information which:

 

I. is or becomes public knowledge other than by a breach of this clause;

 

II. is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;

 

III. is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or

 

IV. is independently developed without access to the Confidential Information.

2. Privacy:

 

Garage Invoice maintains a privacy policy that sets out the parties' obligations in respect of personal information. You should read that policy, and You will be taken to have accepted that policy when You accept these Terms.

5. SERVICE FEES & REFUNDS

 

1. Paid Services:

 

The use of certain Garage Invoice Services may be subject to payment of particular fees, as determined by Garage Invoice in its sole discretion ("Paid Services" and "Fee(s)", respectively). Garage Invoice will provide notice of such fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.

 

Garage Invoice reserves the right to change its Fees at any time, upon notice to you, if such change may affect your existing subscriptions. If you received a discount or other promotional offer, Garage Invoice shall have the right to automatically and without notice renew your subscription to such Garage Invoice Service(s) at the full applicable Fee.

 

All Fees shall be deemed to be in GB. Pound Sterling, except as specifically stated otherwise in writing by Garage Invoice.
We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). Garage Invoice is not responsible for any such additional fees or costs.

 

As part of registering or submitting information to receive Paid Services, you also authorize Garage Invoice (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment and service fees (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Garage Invoice or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).

2. Invoices:

 

Garage Invoice and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees or refund made to or by Garage Invoice ("Invoice"). Each Invoice will be issued in electronic form and based on the country stated in your billing address, and will be made available to you via your User Account ("My Account") and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your User Account may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only.

3. Subscription Auto-Renewals:

 

In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which, unless you turn off the auto-renewal option, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to any discount or other promotional offer provided for the first period) ("Renewing Paid Services"). For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Accordingly, where applicable, Garage Invoice will attempt to automatically charge you the applicable Fees using the Stored Card, within up-to two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice.

 

By entering into this Agreement and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms.

4. Chargebacks:

 

If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your Garage Invoice account ("Chargeback"), this will be considered as a breach of your payment obligations hereunder, and your use of the Garage Invoice Services may be automatically disabled or terminated.

 

In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss.

 

Your use of the Garage Invoice Services will not resume until you re-subscribe for any such Garage Invoice Services, and pay any applicable Fees in full, including any fees and expenses incurred by Garage Invoice and/or any Third Party Services for each Chargeback received (including Fees for Garage Invoice Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).

 

If you have any questions or concerns regarding a payment made to Garage Invoice, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the Garage Invoice Services from being cancelled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the Garage Invoice Services purchased (and charged-back) by you.

 

We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did, in fact, authorize the transaction, and make use of the services rendered thereafter.

5. Refunds:

 

If you are not satisfied with Garage Invoice Services that are subject to a Fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation (to email info@garageinvoice.co.uk) for any reason within fourteen (14) days of having first ordered or activated such Garage Invoice Services (the "Refund" and "Refund Period").

 

  • The Refund is applicable only to the initial purchase of Garage Invoice services.
  • A 10% transaction fee will be charged against the approved refund and will be deducted from the balance of your refund.
    (e.g. if you paid £15, you will be refunded for £13.50 | if you paid £150, you will be refunded for £135.)
  • No refunds will be made if we terminate your account and/or hosting or other services due to any violation of our Terms & Conditions, except as may be provided therein. This does not affect your statutory rights.

Credit on your account cannot be refunded and must be used for purchases and renewals.

 

Refunds will be issued at our discretion.
Setup fees are non-refundable.
Premium Server fees are non-refundable.
Domain Name fees are non-refundable.

 

Any funds sent to us which are in excess of the amount owed can only be reimbursed in credit and cannot be refunded.

 

The Refund is not applicable to any additional purchases, upgrades (including initial purchase of websites/add-ons), modification or renewals of Garage Invoice Services.

 

If you reside in a jurisdiction which requires a longer Refund Period, we will, of course, be happy to accommodate such requirements in accordance with all applicable laws.
If Garage Invoice receives such notice within such Refund Period, Garage Invoice will refund to you the amount Garage Invoice charged you for such Garage Invoice Services, in currency you were originally charged in, and cancel them accordingly.

 

Please note that the Refund amount may be different than the amount you were charged due to currency changes and third-party fees. Garage Invoice will not be responsible for any differences caused by change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any Garage Invoice Services actually received, as permitted by law.

 

If you cancel your subscription/account within the 14-day window, and provide us with "Notice of Cancellation" (to email info@garageinvoice.co.uk), we will process your refund within two weeks of receiving your request. We will return your payment using the same payment method that you originally used.

 

Once the cancellation is completed, Garage Invoice will delete all domains, accounts, websites and other services associated with the cancelled subscription (unless they have already been moved to another provider) as well as any email account(s) associated with those domains.

6. INTELLECTUAL PROPERTY

 

1. General:

 

Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of Garage Invoice (or its licensors).

2. Ownership of Data:

 

Title to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on full payment of the Garage Invoice Access Fee when due. You grant Garage Invoice a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.

3. Back-up of Data:

 

You must maintain copies of all Data inputted into the Service. Garage Invoice adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. Garage Invoice expressly excludes liability for any loss of Data, no matter how caused.

7. WARRANTIES AND ACKNOWLEDGEMENTS

 

1. Authority:

 

You warrant that where You have registered to use the Service on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.

2. Acknowledgement:

 

You acknowledge that:

 

a) You are authorized to use the Services and the Website and to access the information and Data that You input into the Website, including any information or Data input into the Website by any person you have authorized to use the Service. You are also authorized to access the processed information and Data that is made available to You through Your use of the Website and the Services (whether that information and Data is Your own or that of anyone else).

 

b) Garage Invoice has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You. If You use the Services or access the Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that:

 

I. You are responsible for ensuring that You have the right to do so;

 

II. You are responsible for authorizing any person who is given access to information or Data, and you agree that Garage Invoice has no obligation to provide any person access to such information or Data without Your authorization and may refer any requests for information to You to address; and

 

III. You will indemnify Garage Invoice against any claims or loss relating to:

 

- Garage Invoice's refusal to provide any person access to Your information or Data in accordance with these Terms,

 

- Garage Invoice's making available information or Data to any person with Your authorization.

 

c) The provision of, access to, and use of, the Services is on an "as is" basis and at Your own risk.

 

d) Garage Invoice does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. Garage Invoice is not in any way responsible for any such interference or prevention of Your access or use of the Services.

 

e) It is Your sole responsibility to determine that the Services meet the needs of Your business and are suitable for the purposes for which they are used.

 

f) It is Your responsibility to check that storage of and access to your Data via the Software and the Website will comply with laws applicable to you (including any laws requiring you to retain records).

3. No warranties:

 

Garage Invoice gives no warranty about the Services. Without limiting the foregoing, Garage Invoice does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

4. Consumer guarantees:

 

You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.

8. LIMITATION OF LIABILITY

 

1. To the maximum extent permitted by law, Garage Invoice excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.

 

2. If You suffer loss or damage as a result of Garage Invoice's negligence or failure to comply with these Terms, any claim by You against Garage Invoice arising from Garage Invoice's negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access Fees paid by You in the previous 12 months.

 

3. If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with Clause 8.

9. TERMINATION

 

1. Trial policy:

 

When You first sign up for access to the Garage Invoice Services You can evaluate the Services under the defined trial usage conditions, with no obligation to continue to use the Services. If You choose to continue using the Services thereafter, You will be billed from the end of the Trial.

2. Subscriptions:

 

You can cancel your service contract and receive a refund within 14 days of your initial purchase.
Your cancellation request must be received in writing within 14-days of the initial purchase in order for you to receive your refund. After the 14-day window, you may cancel your subscription at any time, but no refund will be provided.

 

Clause 5.5 applies when processing a refund requests.

3. No-fault termination:

 

These Terms will continue for the period covered by the Access Fee paid or payable under clause 3.1. At the end of each billing period these Terms will automatically continue for another period of the same duration as that period, provided You continue to pay the prescribed Access Fee when due, unless either party terminates these Terms by giving notice to the other party before the end of the relevant payment period. If You terminate these Terms, You shall be liable to pay all relevant Access Fees on a pro-rata basis for each day of the then current period up to and including the day of termination of these Terms.

4. Breach:

 

If You:

 

a) breach any of these Terms (including, without limitation, by non-payment of any Access Fees) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;

 

b) breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) any breach of clause 3.4 or any payment of Access Fees that are more than 30 days overdue); or

 

c) You or Your business become insolvent, or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction.

 

Garage Invoice may take any or all of the following actions, at its sole discretion:

 

d) Terminate this Agreement and Your use of the Garage Invoice Services and the Website;

 

e) Suspend for any definite or indefinite period of time, Your use of the Garage Invoice Services and the Website;

 

f) Suspend or terminate access to all or any Data.

 

g) Take either of the actions in sub-clauses (d), (e) and (f) of this clause 9 in respect of any or all other persons whom You have authorized to have access to Your information or Data.

 

For the avoidance of doubt, if payment of any invoice for Access Fees due relating (to any of Your Billing Contacts, Billing Plans or any of Your Organizations (as defined at clause 3) is not made in full by the relevant due date, Garage Invoice may: suspend or terminate Your use of the Service, the authority for all or any of Your Organizations to use the Service, or Your rights of access to all or any Data.

5. Accrued Rights:

 

Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement, You will:

 

a) remain liable for any accrued charges and amounts which become due for payment before or after termination; and

 

b) immediately cease to use the Garage Invoice Services and the Website.

 

Expiry or termination:

 

Clauses 3.1, 4, 5, 6, 7, 8, 9, 10 and 11 survive the expiry or termination of these Terms.

10. HELP DESK

 

1. Technical Problems:

 

For technical problems, You must make all reasonable efforts to investigate and diagnose problems before contacting Garage Invoice. If You still need technical help, please check the support provided online by Garage Invoice on the Website or failing that contacting us here.

 

The current status of our systems can be viewed under the following link: https://status.guru.co.uk/

2. Service availability:

 

Whilst Garage Invoice intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.

 

If for any reason Garage Invoice has to interrupt the Services for longer periods than Garage Invoice would normally expect, Garage Invoice will use reasonable endeavours to publish in advance details of such activity on the Website.

 

The current status of our systems can be viewed under the following link: https://status.guru.co.uk/

11. MISCONDUCT AND COPYRIGHTS

 

1. Misconduct and Abuse:

 

When using the Garage Invoice Services, you may be exposed to User Platforms, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Garage Invoice with respect thereto.

 

If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the Garage Invoice Services, please immediately report such User and/or Third Party Service to us via Contact Us page. You agree that your report shall not impose any responsibility or liability upon Garage Invoice, and that Garage Invoice may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.

2. Copyrights:

 

Garage Invoice acts in accordance with its interpretation of the Digital Millennium Copyright Act ("DMCA"). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via this form, and provide the following information:

 

a) the contact details of the person authorized to act on behalf of the owner of the copyright.
b) a description of the copyrighted work that you claim has been infringed.
c) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Garage Invoice to locate the material (including URL address).
d) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
e) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

 

In the event that Garage Invoice receives notice regarding a copyright infringement related to your User Platform or User Website, it may cancel your User Account, take your User Platform down or remove any Content in its sole discretion, with or without prior notice to you.
In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include:

 

a) your full name, address, phone number and physical or electronic signature.
b) identification of the material and its location before removal.
c) a statement under penalty of perjury that the material was removed by mistake or misidentification.
d) your consent to an appropriate judicial body.
e) any other information required under the relevant provisions of the DMCA.

 

Any notices filed pursuant to this Section 11 may be deemed accepted, applicable and compliant with the DMCA, or not, at Garage Invoice's sole reasonable discretion. Garage Invoice reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.

12. GENERAL

 

1. Entire agreement:

 

These Terms, together with the Garage Invoice Privacy Policy and the terms of any other notices or instructions given to You under these Terms of Use, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and Garage Invoice relating to the Services and the other matters dealt with in these Terms.

2. Waiver:

 

If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

3. Delays:

 

Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

4. No Assignment:

 

You may not assign or transfer any rights to any other person without Garage Invoice's prior written consent.

5. Governing law and jurisdiction:

 

In all situations, this Agreement is governed by the laws of England and Wales and You hereby submit to the exclusive jurisdiction of the courts of England and Wales for all disputes arising out of or with this Agreement.

6. Severability:

 

If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

7. Notices:

 

Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Garage Invoice must be sent to info@garageinvoice.co.uk or to any other email address notified by email to You by Garage Invoice. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.

8. Rights of Third Parties:

 

A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.