TERMS AND CONDITONS FOR THE WEBSITE AND THE IM&M BACK TO WORK SOFTWARE

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of the IM&M back to work solution, including any content, functionality and services offered on or through immsuite.com (the "Website") , whether as a guest or a registered user.

1. Definitions and Interpretation

1.1 The following are the standard terms and conditions under which Nico Consultancy ("the Company") sells the IM&M, licences for the software as a services solution and other Products as part of the service. These Terms and Conditions shall, unless otherwise expressly stated in writing, apply to the subject matter of any agreement in respect thereof.

1.2 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

"Acceptance Certificate" means a document to be used in conjunction with the supply of Products to be signed by the Customer on delivery indicating their acceptance of that delivery;
"Agreement" means any agreements entered into between the Company and a Customer to which these standard Terms and Conditions apply;
"Customer" means the individual, business, or other organisation with whom the Company contracts;
"Supplier" means any supplier of Products or Services to the Company;
"Products" means computer hardware, software and associated equipment that may be supplied by the Company; and
"Services" Means the software as a service or any other service supplied by the Company.

1.3 Any reference to a day or days refers to business days - that is any day which is not a weekend or public or bank holiday in the United Kingdom.

1.4 The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.

2. Payments

2.1 You hereby authorised the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section below.

2.2 Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new eligible payment method promptly or your program access will be removed.

2.3 If you do not request a refund within the terms of the programme with the required work activity at the time of your refund request, you are required by law to complete the remaining payments of your payment plan and you understand that your membership will automatically continue and you authorise us (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for your account.

3. Fees

3.1 In consideration of your access to the Back to Work Strategy Programme and Software, you agree to pay the following fees.

3.2 A Minimum Monthly commitment of £150. Together with any excess fees over 100 employees.

3.3 This commitment will be for a minimum term of 6 months and a maximum term of 12 months as per your signup details.

3.4 You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, the Company shall immediately suspend your access to the programme.

4. Refund Policy

4.1 We want you to be satisfied with your purchase, but we also want you to give your best effort to apply all of the strategies of your back to work programme.

4.2 The Company provides a 30-day money-back guarantee for the Programme. That money-back guarantee is governed by the following terms.

4.3 In order to qualify for a refund, you must submit proof that:

4.3.1 You did the work as directed in our communications to you and that the programme did not work for you.

4.3.2 That you completed the steps to install your floor plans, desk and other tags and employees email addresses

4.3.3 That you informed all employees on how to access and use the system and

4.3.4 That the system is not working in accordance with materials provided prior to sale.

4.4 In the event that you decide your purchase was not the right decision, within 30 days of your first payment , contact our support team at info@immsuite.com and let us know you’d like a refund by the 30th day at 11:59 GMT.

4.5 You must include your evidence with your request for a refund. If you request a refund and do not include your evidence by the 30th day, you will not be granted a refund.

4.6 We will NOT provide refunds more than 30 days following the date of purchase. After day 30, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you complete the program.

4.7 Upon determining that you are entitled to a cancellation/refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

4.8 If you receive a refund of any purchase through the terms and conditions, that shall immediately terminate any and all licenses granted you to use the material provided to you under these Terms of Use or any other agreement. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

5. Software as a service and any hardware products

5.1 Products shall be supplied by the Company on the terms and conditions of use for such Products as defined by the Suppliers at the time of delivery.

5.2 Unless otherwise specified in the Agreement, the Company shall only deliver non-modifiable and executable run-time versions of Software.

5.3 The Customer must comply with the terms of the Supplier’s software licenses.

6. Warranty

6.1 In respect of Product which is directly produced by the Company or Services provided directly by the Company, the only warranty given by the Company to the Customer is that the Company shall in accordance with normally accepted professional standards make good as quickly as is reasonably possible and at its own expense any defects identified or which develops during a period of 30 days after delivery of the Product or performance of the Services.

6.2 The Company does not warrant that the Products are free from minor errors not materially affecting performance. Such errors shall not be rectified in the absence of a prior written agreement to the contrary.

6.3 The undertaking given in this Clause shall not apply if the Product or service has been altered by any party other than the Company or has been operated or run on any platform or in any environment inappropriate for the Product or service.

6.4 You agree to absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on this website and/or the resources you may download from this website. You agree that the company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of this website.

7. Title and Risk

7.1 Risk of loss or damage in respect of any tangible item shall pass to the Customer on delivery or collection of the item by the Customer or his agent.

7.2 The legal and beneficial ownership of Products or services and/or associated material supplied as part of Products and/or Services shall remain with the Company.

7.3 Until such payment is received in full the Company may without prejudice to any of its rights recover or resell any of the Products and/or associated material and may enter upon the Customer’s premises by its servants or agents for that purpose.

7.4 Where a licence shall be granted by a Supplier and/or the Company to the Customer then the Customer shall not have the benefit of the licence until payment in full has been received by the Company.

8. Customer’s Obligations

8.1 The Company and the Customer shall indemnify each other and keep each other fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by negligent act or omission, wilful misconduct or breach of contract by the other, its employees or agents.

8.2 The Website may contain links to other Websites ("Linked Websites"). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators.

8.3 Certain services made available via the Website are delivered by third-party Websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.

8.4 The Company provides various templates and/or forms for download and/or sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use.

8.5 By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

8.6 The Company from time-to-time provides various courses, programs, and associated material for sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the "Courses") for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.

8.7 By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

8.8 By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.

9. International Users

9.1 The Service is controlled, operated, and administered by the Company from our offices within the UK. If you access the Service from a location outside the UK, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

10. Business Associates and Delegation

10.1 The Company may delegate any of its obligations or responsibilities arising out of the Agreement to any of its business associates. Performance by such associates shall be deemed to be performance by the Company.

10.2 The Customer may not assign the benefit or burden of the Agreement in any way.

10.3 At the written request of the Customer the Company may, at its sole discretion, agree to novation of the Agreement. Such agreement must be evidenced in writing.

11. Proprietary Rights

11.1 You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website strictly in accordance with these Terms of Use.

11.2 As a condition of your use of the Website, you warrant to the Company that you will not use the Website or the IM&M back to work solution or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

11.3 All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

11.4 You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website.

11.5 The Company content is not for resale. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.

11.6 The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

12. Confidentiality

12.1 The Company and the Customer shall keep confidential the following:

12.1.1 the Agreement and all other information of the other party obtained under, or in connection with, the Agreement; and

12.1.2 all oral communications, representations and information of any kind made by either party or their representatives or advisors pursuant to the conclusion or fulfilment of the Agreement.

12.2 The provisions of this Clause shall not apply to:

12.2.1 any disclosure of the information contained in Clauses 17.1.1 and 17.1.2 for which the written agreement of both parties has been obtained.

12.2.2 any information in the public domain otherwise than as a result of a breach of the Agreement.

12.2.3 information that was already in the possession of the receiving party prior to disclosure by the other party; and

12.2.4 information obtained from a third party who is free to divulge the same.

12.3 The Company and the Customer shall divulge confidential information only to those employees who are directly involved in the use of the Product(s) or services and shall ensure that such employees are aware of and comply with these obligations as to confidentiality.

12.4 The obligations of the parties as to disclosure and confidentiality shall come into effect on the date that the Customer enters the Agreement and shall continue in force notwithstanding the termination of the Agreement.

13. Arbitration

13.1 You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.

13.2 To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in the UK. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

13.3 The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this Website or the Terms of Use pursuant to the Arbitration Clause above. Use of the Website is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

14. Waiver

14.1 The rights and remedies of either party under the Agreement shall not be diminished, waived or extinguished by the granting of any indulgence, forbearance or extension of time by the other party nor any failure or delay by the other party in asserting or exercising any such rights or remedies.

15. Severance

15.1 If at any time any one or more clause, sub-clause, paragraph, subparagraph or any other part of the Agreement or these Terms and Conditions is held to be, or becomes, void or otherwise unenforceable for any reason under any applicable law the same shall be deemed omitted and the validity and/or enforceability of the remaining provisions of the Agreement or these Terms and Conditions shall not any way be affected or impaired thereby.

16. Variation

16.1 No variation in the provisions of the Agreement shall be of any effect unless made in writing and signed on behalf of the Customer and the Company.

17. Force Majeure

17.1 In the event that either party is prevented from fulfilling its obligations under the Agreement by reason of any supervening event beyond its control including but not limited to war, national emergency, flood, earthquake, strike or lockout the party shall not be deemed to be in breach of its obligations under the Agreement. The party shall immediately give notice of this to the other party and must take all reasonable steps to resume performance of its obligations.

18. Non Solicitation

18.1 Neither the Customer nor the Company shall during the term of the Agreement and for a period of 12 months thereafter solicit or entice away or endeavour to solicit or entice away from the other any employee who has worked under the Agreement without written consent of the other.

19. Law and Jurisdiction

The Agreement shall be governed by and construed in accordance with the laws of England and Wales. Any dispute concerning it or its interpretation shall be adjudicated in that Jurisdiction.

20. Disclaimer

Notwithstanding anything to the contrary contained herein, Nico Consultancy limited shall not, under any circumstances, be liable to the customer for consequential, incidental, special, or exemplary damages, even if Nico Consultancy limited has been appraised of the likelihood of such damages occurring. Except in respect of liability which is by law incapable of exclusion, in no event shall Nico Consultancy Limited’s liability (whether based on an action or claim in contract, tort or otherwise) to customer arising out of or relating to this agreement exceed the revenues received by Nico Consultancy limited from customer under this agreement within the six (6) month period preceding the date on which the claim arose. Without limiting the foregoing, Nico Consultancy limited and customer agree that if any remedy hereunder is determined to have failed of its essential purpose, all other limitations of liability and exclusions of damages set forth herein shall remain in effect to the full extent available under the law.

DISCLAIMER OF WARRANTY. WITHOUT LIMITATION, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NICO CONSULTANCY LIMITED EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES THAT THE OPERATION OF THE PRODUCTS OR SERVICES WILL BE FREE OF INTERRUPTION OR ERROR