Online Terms and Conditions | Sparta Consulting

TERMS & CONDITIONS

Sparta Software Ltd t/a Sparta Consulting (“Sparta Consulting”, “we”, “us” and “our”), a company registered in England and Wales under company number Sparta Software Ltd (Company reg: 05483096) with registered office at Registered office: Charter Buildings, 9 Ashton Lane, Sale, Trafford, England, M33 6WT. United Kingdom.

3rd Parties. We often use third parties, to support your software development as it's cost effective.

Intellectual Property. This belongs to you upon final payments for our services or as agreed with you. Except the IP we hold prior to engaging with you.

INTRODUCTION

Important terms

1. Business consulting; we are a consultancy firm acting for you as per our agreements with you.

2. Any agreements are with that third party and not with Sparta.

3. Broker: we are consultancy firm acting as broker between you and third party and your agreements

are with that third party and not with Sparta.

4. In case we introduce any party, any agreements are direct with a third party and not Sparta.

5. Payments: you agree to pay us the fees when they are due.

Reliance On Information Posted & Disclaimer

The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.

We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from use of this site and our services.

Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy, or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Our site changes regularly

We aim to update our site regularly and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Our liability

The material displayed on our site is provided without any guarantees, conditions, or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law, or the law of equity.

Any liability for any direct, indirect, or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill
wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Information about you and your visits to our site

We process information about you in accordance with our privacy policy and GDPR rules. By using our site, you consent to such processing, and you warrant that all data provided by you is accurate.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

PROPRIETARY RIGHTS

The Service, including without limitation all applications, graphics, any patents, trademarks, software including source and object code, and other copyrightable materials incorporated in or displayed on the Service, is owned by. Sparta reserves all rights, including without limitation, all intellectual property rights, or other proprietary rights, in connection with the Service. You agree not to modify, rent, lease, loan, sell, assign, distribute, reverse engineer, or create derivative works based on any element of the Service except as expressly authorised by Sparta.

UPDATES TO THE SERVICE

You understand that the Service is an evolving one. Sparta may require that you accept updates to the Service and may automatically update the Service at any time with or without notifying you. By using the Service, you consent to these automatic updates. You may need to update third party software from time to time in order to receive the Service and use Sparta Consulting hardware.

INDEMNITY

You agree to indemnify and hold Sparta Digital, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (the “Sparta Parties”) harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of this Services Agreement or any other Sparta Agreement, or any breach of the representations, warranties, and covenants made by you herein. Sparta reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify the Sparta Parties, and you agree to cooperate with Sparta Digital’s Défense of these claims. Sparta will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. EXCEPT TO THE EXTENT SPECIFICALLY PROVIDED IN THIS SERVICES AGREEMENT OR IN THE PRODUCT WARRANTY, USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD).

b. THE SPARTA PARTIES DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, ERROR-FREE, OR SECURE, NOR THAT THE SERVICE WILL PREVENT FORCIBLE ENTRY, FIRE, BURGLARY, OR OTHER DAMAGE OR LOSS TO YOU, PEOPLE, OR PROPERTY, OR PROVIDE ADEQUATE WARNING OF THE SAME. SPARTADOES NOT WARRANT THAT THE HARDWARE OR SERVICE CANNOT BE BYPASSED OR OTHERWISE COMPROMISED.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE SPARTAPARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE SPARTA ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE SPARTAPARTIES LIABLE, FOR ANY LOSS RELATING TO:

THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND YOU ACKNOWLEDGE THE RISK OF USING THE SERVICE WITH THIRD PARTIES AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU;
YOUR FAILURE TO MEET ALL APPLICABLE REQUIREMENTS FOR USE OF THE HARDWARE AND/OR SERVICES, AND TO USE THE HARDWARE AND SERVICES IN COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS;
ACCIDENTS OF ANY SORT AFFECTING THE HARDWARE OR THE TELEPHONE NETWORK, THE INTERNET, OR THE ELECTRICITY GRID, SUCH AS SHOCKS, OVERVOLTAGE, LIGHTNING, FLOODING OR FIRE AND IN GENERAL ANY EVENTS RESULTING FROM ABNORMAL USE OR AN ABNORMAL SITUATION;
FAILURE OF THE TELEPHONE NETWORK, THE INTERNET OR THE ELECTRICITY GRID FOR REASONS ATTRIBUTABLE TO THEIR OPERATORS OR TO THE CUSTOMER;
FAILURE OF THE ADSL NETWORK USED BY THE CUSTOMER, WHETHER THIS FAILURE IS ATTRIBUTABLE TO HIS SERVICE PROVIDER, TO FAILURE OF THE MODEM/ROUTER USED BY THE CUSTOMER OR TO ANY ONE OF THE ELEMENTS LOCATED BETWEEN THE CAMERA AND THE ADSL ROUTER (CABLE, SWITCH, ETC.);
VARIATIONS OF THE CURRENT IN ELECTRICAL OR TELEPHONE LINES RESULTING FROM AND/OR CAUSING ELECTRICAL, RADIOELECTRICAL OR ELECTROMAGNETIC INTERFERENCE OF ANY KIND;
INTERRUPTIONS OR LOSSES OF QUALITY IN THE SERVICES WHEN THEY ARE USED SIMULTANEOUSLY WITH AN INTERNET, AUDIOVISUAL OR TELEPHONE SERVICE BY THE CUSTOMER BECAUSE THE EFFECTIVE SPEED OF THE INTERNET ACCESS IS REDUCED AS A RESULT;
UNFORESEEABLE CIRCUMSTANCES AND ACTS OF GOD; OR
ANY VIOLATIONS BY CUSTOMER OF ANY TERMS OF THE SPARTAAGREEMENTS.

EXCLUSIONS

NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE ABOVE LIMITATIONS IN SECTIONS 15 AND 16 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

LAW AND JURISDICTION. These Terms will be governed by English law. Any dispute arising from, or related to, these Terms shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Miscellaneous. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Failure of Sparta Consulting to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against Sparta Consulting unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Sparta Consulting and you, these Terms constitute the entire agreement between you and Sparta Consulting with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees.

Dated 28st November 2024