Online Accident Book Terms & Conditions of Use and Notices

AGREEMENT BETWEEN YOU AND Online Accident Book

These Terms & Conditions constitute a legal agreement between you (the Client) and Online Accident Book. You must accept without modification all of the terms, conditions, and notices contained below in order to access and use the services Online Accident Book provide. If you do not accept these Terms & Conditions in their entirety, you may not access or use the services provided by Online Accident Book.

You the client are not permitted to share or allow others to use the services provided by Online Accident Book without prior permission from Online Accident Book.

Online Accident Book provides this internet service to you the client (and only you) under licence, Online Accident Book reserves the right to suspend or cancel any customer's access to any or all services provided by Online Accident Book when Online Accident Book decides that the account has been inappropriately used or due to late payment. Payment is due monthly in advance unless otherwise agreed, all prices quoted are in £ sterling.

These are the terms and conditions for use of the Internet services provided by Online Accident Book. By purchasing services (the account) from Online Accident Book via any communication (the Order), you (the Client) agree to abide by these terms and conditions. We reserve the right to change this agreement at any time without notice (see below).

Online Accident Book possesses the right to communicate with the Client regularly via, but not limited to, electronic means.

MODIFICATION OF THESE TERMS OF USE

Online Accident Book may wish to update or change the terms, conditions and notices for services provided from time to time to reflect changes in the service, changes in the laws affecting the services, or for other good reasons. You understand that Online Accident Book reserves the right to make these changes and that you are responsible for regularly reviewing these Terms, Conditions and Notices. Continued access to or use of the services provided by Online Accident Book after any such change shall constitute your consent to such a change. Unless explicitly stated otherwise, any new features that change or improve the Online Accident Book Services shall be subject to the Terms & Conditions, as modified from time to time.

LAWFUL USE

Online Accident Book accounts are to be used by the primary owner only, account holders are not permitted to resell, store or give away the services of their account to other parties even if it is for free or non-profitable.

You are responsible for conforming to all federal, state, UK and local laws regarding the internet and electronic communication. You must respect the intellectual property and copyrights of resources provided by others on the net. You may not participate in any illegal activities while using your account. You must obey the laws of the United Kingdom, England and Wales and other countries that you communicate with over the net. We cannot and do not monitor or control traffic content to/from your account. You are responsible for keeping your activities legal, and for censoring yourself and colleagues. Clients are not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against Online Accident Book. Should the posted material fall into this category, we reserve the right to immediately refuse or terminate the service concerned.

Online Accident Book does not allow any of the following contents to be stored on any of its servers:
- Illegal Material - This includes copyrighted works, commercial audio, video, or music files and any material in violation of any UK, Federal, State or Local regulation.
- Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Online Accident Book.
- Warez - Includes pirated software, ROMS, emulators, freaking, hacking, password cracking, IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

Online Accident Book will terminate any account/service that contains any of the above mentioned contents without any warning and without refunding any payments.

DATA PROTECTION and BACKUP

Your Online Accident Book is an autonomous system which requires no input from us to operate correctly. Online Accident Book does not access or process the information stored in your system. We only access your system when specifically requested by you and will only do so to troubleshoot or resolve issues that affect the functionality of your system.

1. Subject to and in accordance with relevant data protection legislation, the Client hereby consents to allow Online Accident Book to collect data regarding use of the services and to provide such data to any governmental or regulatory body for the purpose of Online Accident Book's compliance with any applicable laws and regulations.

2. Each party shall for the duration of any Agreement governed by these Terms and Conditions comply with the provisions of the General Data Protection Regulations 2018, (including the data protection principles set out in that Act) and any similar or analogous laws, regulatory requirements or codes of practice governing the use, storage or transmission of personal data and shall not permit anything to be done which might cause or otherwise result in a breach by either party of the same.

3. To ensure the security of your data no third party has any access to information stored in your system, and no back ups of your data are created / stored.

4. Whilst we do backup the structure of your system within our own internal systems we are not liable for any loss of data which may adversely affect your business. This means that as data is added to your system, it is your responsibility to maintain up to date backups of your data on your own machine, provision for doing this is supplied within your system as standard.
Clients agree that Online Accident Book has the right to delete all data, files, or other information that is stored on Online Accident Book's servers upon termination of services, or cancellation of account due to non-payment or breaking of any of these terms by the client.

Please note - any system backups that are made by us are for catastrophic recovery purposes only and do not contain reports submitted to your system. Recovery of reports is made using back up information that you supply to us.

5. Whilst every effort is made to enure the service supplied by Online Accident Book has no `downtime`, Online Accident Book will not be held responsible for loss of business, expected or projected.

PAYMENT POLICY

Online Accident Book reserves the right to change prices of services at any time, all pricing is guaranteed for a period of one year from the purchase of your account, excluding government charges such as tax which can change beyond the control of Online Accident Book.

In addition, Online Accident Book reserves the right to suspend any/other services until the outstanding debt is cleared or court proceedings to recover the outstanding debt commence. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a cancellation request; the Customer can request cancellation of their account and will be billed up to the first day of the following month. Payment is due monthly in advance unless otherwise agreed.

All Charges are inclusive of VAT (where appropriate) and any other applicable purchase tax, import, and all other duties are in £ sterling.

Any failure by the Client to pay any fees due under these Terms and Conditions on the date specified shall be deemed to be a "material breach" of these Terms and Conditions and as a result the service will be removed.

HELP ADVICE AND SUPPORT

We offer free help and advice in the use of your system.

24 HOUR SUPPORT - All support requests will be replied to within 24 hours.

Over 99% of all support issues are resolved within the first few hours, we will notify you by email of any issue which will may not be resolved within 24 hours detailing all information available.

Online Accident Book has the right to deny Customer Support to the Client if the Client fails to demonstrate to the Online Accident Book representative upon receipt of a phone call or e-mail from Online Accident Book that they are indeed the Client and therefore authorised to request that changes be made on the account. The Client acknowledges that it may not always be possible for Online Accident Book to guarantee that breaches will not occur and therefore agrees to cooperate with Online Accident Book in its requests for Client authentication.

REFER A FRIEND

If you refer a friend and they procure a system from us you receive one month free for as long as their system remains live.
(each system must be live for a minimum 12 months), maxmimum number of free months is 12.

TERMINATION, CANCELLATION AND REFUNDS

To ensure continuity services are automatically renewed by Online Accident Book at the end of each billing cycle unless cancelled prior to the renewal date, it is your (the Client's) responsibility to terminate any service prior to renewal unless agreed otherwise.

Should you wish to cancel your account with Online Accident Book or terminate any service you must write to us giving 7 days notice, or 7 days before your next billing date. On receipt of a cancellation request we will reply with confirmation that your request has been actioned. Failure to do so may render you liable to pay the full amount of the renewal period.

Online Accident Book reserves the right to cancel the account/service at any time. Customer refund requests are to be sent via email to info 'at' Online Accident Book and will only be processed in the cases of service non-performance that might be caused by Online Accident Book's side, Refund requests will be refused if requested for any cause that is out of Online Accident Book's control.

Where a service is cancelled by the client refunds for unused time will not be given unless agreed otherwise.

Upon cancellation of a service Online Accident Book will delete all of the client's system data.

THIRD PARTY SERVICES

Whilst every effort is made to keep your system "live" and working, Online Accident Book accepts no responsibilty for problems arising from services supplied by third parties.

COPYRIGHT

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Online Accident Book the rights to publish and use such material in fulfilment of the Client Order.
The software code that enables the application to operate (created and written by Online Accident Book) remains the intellectual property & copyright of Online Accident Book and cannot be used/re-used for any application other than the one agreed to in the client order.
Artwork and graphic logos designed by Online Accident Book for use in the Client’s system will remain the property of Online Accident Book and at its discretion and under separate agreement, Online Accident Book will grant the Customer rights to use such material in formats other than the online system.
The client must obtain permission and rights to use any information or files that are copyrighted by a third party and for Online Accident Book to include such materials in fulfilment of the Client Order. Client agrees to indemnify and hold harmless Online Accident Book from any and all claims resulting from the Client's negligence, intentional failure or inability to obtain proper copyright permissions.
Client represents and warrants to Online Accident Book that all such permissions have been obtained, and evidence of all necessary permissions may be requested from the Client.

The bodymap image is the copyright of Online Accident Book, reproduction or use of this image outside your system is strictly prohibited without prior written consent.

The client, it's users and associates agrees not to copy, reverse engineer or re-use any code used to create the system, or allow any other party to do so, nor will the client, it's users and associates claim ownership of the system in whole or in part.


RIGHT TO USE FEEDBACK OR SUGGESTIONS YOU SUBMIT

Online Accident Book wants your voluntary feedback and suggestions on the services we provide so that we can continually improve the services for you and other customers. When you submit feedback and suggestions, please understand that Online Accident Book needs to have full rights to use your feedback and suggestions without any encumbrances. In particular, you should understand that by submitting any feedback or suggestions to Online Accident Book concerning the Services we provide, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Online Accident Book and its affiliated companies permission to:

Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions; and

Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions.

These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to Online Accident Book use of the materials contained within such feedback or suggestions. Online Accident Book is under no obligation to post or use any materials you may provide and may remove such materials at any time at Online Accident Book sole discretion.



"UNLIMITED" POLICY

High bandwidth usage: Online Accident Book offers an unlimited use policy by maintaining very large ratios of bandwidth and disk space per customer. In rare cases, Online Accident Book may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, Online Accident Book reserves the right to impose the High Resource User Policy for the consideration of all customers.


HIGH RESOURCE USER POLICY

Resources are defined as bandwidth, disk space and/or processor utilization.
Online Accident Book may implement the following policy to its sole discretion:
When an account is found to be monopolising the resources available Online Accident Book reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.


SECURITY

While Online Accident Book makes all efforts to ensure the services we provide are both secure and robust, we make no claims about this security.

Once usernames / passwords have been issued we are unable to control incorrect use of your system where access has been gained using those usernames / passwords.

Hacking is a serious crime and effects many businesses. Should Online Accident Book and/or any system provided by Online Accident Book suffer a breach of security we cannot be held responsible. It is the client’s responsibility to delete sensitive information after processing it.


HOLD HARMLESS

Subscribers will indemnify and hold Online Accident Book harmless (including officers, employees, agents, and shareholders) of any and all claims, costs, expenses or liability resulting from any damage to Subscriber’s business, service, equipment, network, operations, or reputation resulting from Online Accident Book’s actions. Indemnification includes, but is not limited to, any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.


FRAUD FIGHTING

For Those Thinking About Committing Fraud :
1. Card fraud is a crime and a felony punishable by heavy fines and jail time. Fraudulent behaviour will be prosecuted aggressively and with a passion to the fullest extent of the law.
2. The ID and address of your computer and your ISP provider have been determined, and recorded as a safeguard against fraudulent behaviour and may be used by Online Accident Book or legal entities to prosecute guilty parties.
3. All information must match card account records as provided by the card-issuing bank. Inputting intentionally false information is fraud and will not be tolerated and may subject you to prosecution.
4. Card numbers are transmitted directly to the banking network for authorization. Online Accident Book considers fraud a direct and serious threat to our business profitability. We do not take any effort to defraud lightly and will prosecute whenever and wherever possible to the fullest extent of the law.


INDEMNIFICATION

Customer agrees that it shall defend, indemnify, save and hold Online Accident Book harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Online Accident Book, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Online Accident Book against liabilities arising out of:
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Online Accident Book’s server.
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
(3) copyright infringement.
(4) any defective products sold to customer from Online Accident Book’s server.
(5) incorrect information contained in a website.
(6) websites which do not conform to current legal requirements.

FORCE MAJEURE

Neither party shall be deemed in default of this Agreement or the Client Order to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, or any other cause beyond the reasonable control of such party; provided, that the party whose performance is affected by any such event gives the other party written notice thereof within ten (10) business days of such event or occurrence.

DISCLAIMER

Online Accident Book will not be responsible for any damages your business may suffer, Online Accident Book makes no warranties of any kind, expressed or implied for services we provide.
Online Accident Book disclaims any warrantor merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Online Accident Book and its employees.

Online Accident Book reserves the right to revise the above mentioned policies at any time, you are therefore encouraged to view this page regularly.