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Credit Management User Agreement


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User Agreement

Welcome to the User Agreement for the services available at http://www.gyob.biz ("User Agreement") which is operated by Phoenix Legal Forms, Suite 6, First Floor, Sutherland Court, Longton Road, Stoke on Trent, Staffordshire ST4 9FP ('We' or 'Us')

This User Agreement details the terms and conditions for your use of gyob.biz (the "Site"). If you do not agree to be bound by this User Agreement, do not use or access our services and please leave the Site immediately.

You must read, agree with and accept in the entirety of this User Agreement (including the Privacy Policy), which includes those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of the Site and by checking the appropriate box indicating your acceptance of these terms and conditions you agree to be legally bound by these terms and conditions of use as they apply to your use of or access to the Site.

We may amend this User Agreement at any time by giving you notice ("Notice") by e-mail or by posting the amended User Agreement on the Site. Any amended User Agreement will govern new user registrations from the date that it is posted on the Site. Existing users will be bound by the amended User Agreement after the expiry of 30 days following the date of a Notice. No amendment to this User Agreement other than one notified in the above manner will be effective. 1. Eligibility. Our services are not available to, and may not be used by, any one under the age of 18 years. If you do not qualify, please do not use our services. If you are registering on behalf of a business entity (including, but not limited to, any Limited Company or Limited Liability Partnership) or a partnership, you represent, by virtue of registration, that you have the authority to bind that entity or the partners (as the case may be) to this User Agreement. 2. User ID. You must choose a User ID and password on registration. You are responsible for all actions taken under that User ID and password and shall only access the Site using your own User ID and password. You must use every effort to keep your password safe and should not disclose it to any other person. You shall not transfer or sell your User ID to any other person. You shall also not permit, either directly or indirectly, any other person to use your User ID or password.

3. Identity verification. We may use from time to time techniques to verify the accuracy of information our Users provide to us when they register on the Site. Such techniques are used to verify a Users membership eligibility and the accuracy of their registration details and any or all other such information that they provide from time to time. Where such information is found to be inaccurate or deceitful the User concerned will be immediately disqualified from using the Site and if applicable we will take appropriate legal action against them and/or when such information contravenes any specific laws report them to the appropriate authorities.

4. Debt Recovery. Debts recovered by Users  by use of the products and services provided by us remain personal to the User and we our affiliates, officers, directors, agents and employees will make no recovery or other charges in respect thereof

5. Liability.

5.1 Usage. Whilst we try to ensure that all content, materials, documentation, reports, news letters or any other items published on the Site are accurate you must note that all such information and documentation are provided on an ‘as is’ basis and you assume total control and responsibility and risk for your use of it. (Please see Paragraphs 12; 13 and 14). Without prejudice to the above we do warrant that the information in all letters of claim shall be accurate for a period of 90 days from first use provided always that no warranty is given in relation to the print quality of any document provided via the Site

5.2 Guarantee.  You will be entitled to a refund in relation to the first batch of documents you download from the Site if you are not satisfied with the results of using them provided always that you have used each of the documents and allowed for a reasonable period of time in which to receive a response to them.  This money back guarantee is subject to the deduction of any charges levied by any third parties (including, but not limited to, Pay Pal and other payment agencies).  In the event that you claim a refund under this clause you will not be entitled to download any further documents from the Site either using your current registration or by re-registering as a User.

5.3 Third Party. If you have any right, claim or action against any other User arising from that User's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release us (and our affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses (including, but not limited to, legal fees) known and unknown, arising from or in any way connected with such right, claim or action. (Please see Paragraphs 12; 13 and 14).

6. Information Control. We do not control the information provided by Users; or visitors (of any description); or any other persons or legal entities which is made available through the Site which you may find to be offensive, harmful, inaccurate, or deceptive. By using this Site, you agree to accept the risk of exposure to such material and agree that we are not responsible for the acts or omissions of Users Please use caution, common sense, and practice safe trading when using the Site.

7. Fraud. Without limitation to any other remedies we have, we may suspend or terminate your account if we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, fraudulent activity in connection with the Site.

8. Your Information.

8.1 Definition "Your Information" is defined as any information you provide to us in relation to the Site or any service we provide including, without limitation, you contact details and any description or details of debts and your debtors and any other content that you post on the Site. You are solely responsible for Your Information, and we act as a mere conduit for your online distribution; collection of debts (by whatever means we make available to you) and publication of Your Information.

8.2 Restrictions Your Information and your activities on our Site must not: be false, inaccurate or misleading; be offensive or menacing, abusive, defamatory, or in breach of confidence, privacy or any other rights; or other proprietary rights or rights of publicity or privacy; be in breach of any applicable laws or regulations (including, but not limited to, laws governing consumer protection, unfair competition, anti-discrimination, false advertising); be obscene, indecent; create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; contain any computer viruses, macro viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information; cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.

8.3 Licence So that we may use Your Information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free licence to exercise the copyright, publicity, and database rights you have in Your Information, in any media now known or not currently known.

8.4 Access and Interference. A great deal of the information on the Site is updated on a real time basis and is proprietary or is licensed to us by Users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without our  prior express written permission and/or any appropriate third party,; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass measures we may use to prevent or restrict access to the Site. Specifically we do not authorise you to extract or re-utilise substantial parts of the  Site, or to make systematic and repeated extractions or reutilisation of insubstantial parts of the Site.

9. Copyright.

9.1 Intellectual Property. All intellectual property rights in the Site are owned by us and are protected under English copyright laws, other applicable laws and international treaty provisions. We retain all rights not expressly granted.

9.2 Trade Marks. gyob.biz is the trade mark of Phoenix Legal Forms. Microsoft, MS, Windows, Windows.NET, Word, the Windows Logo and the Office Logo are registered trade marks of the Microsoft Corporation. Adobe, Acrobat and the Acrobat Logo are registered trade marks of Adobe Systems Incorporated. All other such trade marks and logos displayed on the Site may be trade marks or registered trade marks of their respective companies and are the sole property of their respective companies.

9.3 Restrictions. You agree not to copy, modify, decompile, disassemble, or otherwise attempt to change, redesign or in any way alter the layout and content of the Site or the documentation provided from it for your sole use or to distribute or publish such changes in a wider context within your business or to third parties including the obliteration, by any means, of your details or any details in respect of your debtors and their debts including all or any calculations in respect of additional charges that can be applied to the said debts be them contractual or statutory for any purpose whatsoever excluding the making of one single copy of any document in its entirety for filing purposes only.

9.4 Acknowledgement. All examples or samples of completed documents published on the Site in which names of companies or individuals along with any addresses or debt details appear are fictitious and do not refer to, or portray, in name or substance, any actual names, organisations, entities, or institutions or debts incurred by any such entity. Any resemblance to any real person, organisation, entity or institution is purely coincidental and our entire liability in relation to the same shall be to change them on reasonable grounds and on reasonable written notice.

10. Policy. It is our policy to constantly develop our products and services. We reserve the right to alter, modify, correct and upgrade our products and services without notice and without incurring any liability. 

11. Data Protection. Protection of Users' privacy is very important to us. Please note that Your Information will be stored and processed on our computers and will be transmitted in a safe, confidential and secure environment in accordance with our Privacy Policy

12. No Warranty.  We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. The Site and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.

13. Limitation of Liability. Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we (including our affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement whether such losses were reasonably foreseeable or otherwise

We (including our affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment. Our liability to you or any third party, and the liability of our affiliates, officers, directors, agents and employees, in any circumstance is limited to the greater of (a) the total fees you have paid to us in any one year, and (b) £100.

14. Indemnity. You agree to indemnify and hold us and (as applicable) our affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including (but not limited to) reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party

15. Notices. Unless otherwise explicitly stated, notices to us must be sent by registered mail to Phoenix Legal Forms at the address stated above and notices to you will be sent to the email address that you provide to us during registration (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail to your last known trading address.

16. Linked Sites. We make no representation whatsoever about any other Websites which you may access through the Site or which may link to the Site All such sites are independent of us and it does not mean that we endorse or accept any responsibility for the content of such Websites.

17. Governing Law and Legal Compliance. This User Agreement shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts.

18. General. If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable.

You agree that this User Agreement and all incorporated agreements may be assigned by us, in our sole discretion, to any third party

 You and us are independent contractors, and no relationship of agency, partnership, joint venture, employee-employer or franchisor-franchisee is intended or created by this User Agreement.

 Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

 This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement.