Last Update: May 1st 2021
The Services are intended primarily for commercial use. If you want to use them for personal use please click here for supplementary terms and conditions https://qwikmetrics.com/supplementary-terms. We may, in our sole discretion, refuse to offer the Services to any person or entity and change the eligibility criteria at any time.
QWIKSTUDIOS TECHNOLOGIES PRIVATE Limited (operating as QWIKMETRICS) is registered in India (number 567282) and has its registered office at 90 Leinster Road, Rathmines, Dublin 6, D06 F3P4, Dublin, Ireland.
Our VAT number is IE3379619SH
"Activation Date" means in respect of a Service, the date on which that Service is made available for your use;
"Authorised Users" means those employees, agents, clients and independent contractors of your entity who are authorised by you to use the Services and the Documentation;
"Confidential Information" means all documentation, technical information, software, business information, feedback, reports about the Services, trade secrets or know how or other materials of a confidential nature disclosed by us to you in connection with your use of the Services;
"Data" means any data in respect of the Services provided;
"Data Protection Legislation" means the Irish Data Protection Acts 1988 to 2018 and the EU’s General Data Protection Regulation ("GDPR");
"DPA" means the Data Processing Agreement (if any) entered into by QWIKMETRICS and Customer in relation to the Services.
"Documentation" means all documents, demonstration materials, webinars, system user guides or other documentation and manuals we make available to you online via https://support.qwikmetrics.com or such other web address or other means we may notify by to you from time to time which sets out the Services Description and the user instructions for the Services;
"Intellectual Property Rights" means all patents, utility models, rights to inventions, copyright and neighbouring and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all and other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection that subsist or will subsist now or in the future in any part of the world;
"Quota" means the quota of clicks, links, domain names, reports, teammates and the like set out in your user subscription;
"Service" means any service provided by us;
"Service Description" means in respect of each Service, the description set out in the Documentation;
"Site" means our website at www.qwikmetrics.com and all related websites, extensions, apps, domains, subdomains and other materials;
"Software" means the online software applications we provide as part of the Services;
"Subscription Fees" means the subscription fees payable by you to us for the User Subscriptions;
"Term" means the term described in clause 18;
We will perform the Services and make the Documentation available to you using all reasonable skill and care.
The Services are provided on an "as is" and "as available" basis.
We will use our reasonable commercial endeavours to make the Services which are provided through the Site available 24 hours a day, seven days a week, subject to any planned maintenance, or unscheduled emergency maintenance, where we will try to give you as much notice as possible.
If the Services do not materially conform to the Services Description, we will use all reasonable commercial endeavours to correct any such non-conformance. Any such correction or substitution constitutes your sole and exclusive remedy for any breach of the undertaking set out in Clause 2.1. Notwithstanding the foregoing, we:
do not warrant that your use of the Services will be uninterrupted or error-free; or that the Services, Documentation and/or the information obtained by you through the Services will meet your requirements; and
are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of Data over communications networks and facilities, including the internet, and you acknowledge that the Services and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
You undertake to:
keep a full back-up copy of all of your Data including for maintenance purposes or make alternative business continuity arrangements.
be solely responsible for ensuring that appropriate environmental conditions are maintained for its receipt and use of the Services, procuring and maintaining your network connections and telecommunications links from your systems to QWIKMETRICS’s data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
Your right to access the Site and the Services is subject to any limits established by us. For every usage over a given limit, we reserve the right to charge you an additional fee.
Full use of the Site requires that you create an account on the Site by providing us with a valid email and strong password. Your account will be created once you complete a registration form in accordance with the instructions provided.
In relation to your account, you represent and undertake that:
(a) all required information you submit is truthful and accurate and you will maintain the accuracy of such information;
(b) you will not allow your account profile to be used by any other unregistered user;
(c) you will keep a secure password for use of the QWIKMETRICS account, that such password will be changed as frequently as is required by us in our absolute discretion, and that you will keep the password confidential; and
You (and will procure that your Authorised Users and each of them) will not access, store, distribute or transmit any Viruses, or any material during the course of your use of the Services that:
(a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
(b) facilitates illegal activity;
(c) depicts sexually explicit images;
(d) promotes unlawful violence;
(e) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability;
(f) in a manner that is otherwise illegal or causes damage or injury to any person or property; or
(g) is for the purpose of tracking spam-related material.
You acknowledge that you are solely responsible for ensuring that your use (and the use of your Authorised Users) of the Services does not infringe this Clause 5. We reserve the right, without liability or prejudice to our other rights, to disable your access if we become aware of any use of any material that breaches the provisions of this Clause.
You acknowledge that we are a reseller participating in Tucows’ distribution channel for domain name registrations. We cannot guarantee that you will obtain a requested domain name and we are not responsible for any inaccuracies or errors in the domain name registration or renewal process. For a full, detailed explanation of the Tucows' Registration Agreement to which you will be subject please see here https://opensrs.com/wp-content/uploads/Tucows_ExhibitA.
Domain registration, transfer and renewal fees are non-refundable.
In order to ensure that every domain name registered through us will be renewed and will continue to work along with the branded links associated to it, when registering a domain name the auto-renewal option is usually enabled by default. However, the user can choose to disable auto-renewal before the domain is renewed. QWIKMETRICS tries to renew (and bill) the domain before the natural expiration - often 60 days in advance. When a domain expires it will be removed from the associated account along with all the links related to it. After this has occurred, the links will no longer work.
Domain names registered by us are for the purposes of branded links and access to the domain control panel and domain name system will not be available to you, unless otherwise agreed.
You agree that any disputes that may arise in your application to register, maintain or renew a domain name registration will be handled according to the Uniform Domain Name Dispute Resolution Policy which has been adopted by ICANN and as set out here https://www.icann.org/resources/pages/policy-2012-02-25-en.
You agree to a new version by continuing your use of the Services. If you do not agree with a new version, then you must stop using the Services and cancel your registration.
We may change our Service fees, at any time by updating the applicable pricing information or other terms posted on the Site. New pricing terms will become effective beginning with the first full billing cycle after we post any such changes to the Site. If you do not agree to any such changes, you must cancel your account or the affected Service before those changes become effective; otherwise you will be deemed to have accepted and agreed to the changes.
If you exceed any Quota set out in your User Subscription, you will be charged the Quota excess fees set out therein.
Some Services (such as Professional Services by way of example only) may incur additional fees outside your user subscription. You will pay any such additional fees in the manner agreed with you prior to their commencement.
During the Term and thereafter, you will treat all Confidential Information of ours that you may receive as secret, confidential, and proprietary, and will not disclose or use the same without our prior written consent, other than to your Authorised Users, employees and contractors on a need to know basis, or as required by law. You will implement such procedures as reasonably necessary to prevent the intentional or negligent disclosure to any third party of any Confidential Information. Notwithstanding the foregoing, nothing in this clause will prevent the disclosure by you of information that:
prior to its disclosure, was of general public knowledge;
is made public by us; or
is received in good faith from a third party having the right to disclose it, who to your knowledge, did not obtain such information from us and who imposes no obligation of secrecy on you with respect to such information.
Unless you have otherwise requested in writing prior to the Activation Date you agree that we may include your trademarks, name, and logos, comments and feedback in our customer lists, press releases, marketing materials, and on the Site.
Notwithstanding Section 14.1, you may ask us at any time during the Term to withdraw any such use and we will do so.
We own all Intellectual Property Rights in the Services, Documentation and the Site. We hereby grant you a non-exclusive, non-transferable licence to use the forgoing for the sole purpose of exercising your rights under these Terms and Conditions during the Term.
You will own all Intellectual Property Rights in and to your own Data and will have sole responsibility for the legality, reliability, integrity, accuracy and quality thereof.
You may not sell, assign, grant a security interest in nor otherwise transfer any right to the Services or incorporate any of them (or any part) into another product/service.
To use the Services we require you to register and provide personal data (as defined under Data Protection Legislation) to us ("Personal Data"). You agree to provide accurate and complete Personal Data and you agree to keep such information current.
You agree to comply with your obligations and we agree to comply with our respective obligations under the Data Protection Legislation. You warrant that you are entitled to disclose any Personal Data that you provide to us. You warrant that no sensitive Personal Data will be processed, transferred, stored and/or disclosed by you during your use of our Services unless our prior written consent is obtained.
You will not include any Personal Data inside the applications provided by the service and/or any URL/link, created by you using the Services. It is your responsibility to notify QWIKMETRICS in advance in the event you include or wish to include any Personal Data in any URL/link created by you using the Services or in any part of the application. In such circumstances you will be required to enter into a DPA with QWIKMETRICS and in the event of any conflict between the terms of the DPA and this Agreement, the terms of the DPA shall prevail to the extent relating to such processing activities.
Unless stated otherwise on the Site in respect of a particular Service, each Service will be provided and billed on the periodic subscription basis you have signed up to, measured from the Activation Date. Your subscription will automatically renew at the end of that period ("Anniversary Date") unless you cancel it in accordance with Section 17.2. If we have not received a notice of cancellation, and payment is not received by the Anniversary Date, your Service (and the associated Data) may be suspended, deleted or downgraded to a free service. All the Data collected from your links and dashboard may be deleted without any notice in such circumstances.
At any time after the Activation Date, either you or we may cancel that Service (or we may discontinue that Service completely) by providing 30 days' written notice to the other party, in which case the Service will terminate on the date specified in that cancellation notice. If no date is specified, the Service will terminate at the end of the then-current billing period (for paid Services). You will not be entitled to any refund if you cancel a Service before the Anniversary Date. If you are availing of a free Service, we may terminate it immediately upon notice (which may be via an announcement on the Site).
If for any reason we do cancel a Service (which we may do at our sole discretion) , or are no longer able to continue a Service (other than for any reason set out in Section 18), you will only be entitled to a refund of fees already paid, calculated pro rata, for the unexpired period of the User Subscription. In any case, a refund will not amount to more than the fees already paid by you.
Upon cancellation or termination for any reason:
you must immediately delete, remove and cease access to your user account.
The Site contains hyperlinks to third party web sites. Most of the linked sites are not under our control and we are not responsible for, and make no representations or warranties with respect to, the contents or privacy policies or practices of any linked sites or any link contained in a linked site. The inclusion of a linked site is for our users' convenience only and is not intended as and should not be construed as an endorsement or recommendation by us of the linked site or its content.
You are solely responsible for determining the suitability of the Services for your use. You assume sole responsibility for results obtained from the use of the Services, Software and/or the Documentation by you, and for conclusions drawn from such use.
Nothing contained in this Section 21 will limit either Party's liability for death or personal injury resulting directly from that Party's negligence;
Subject to Section 21.1, we will not be liable in contract, tort (including negligence) or for breach of statutory duty or in any other way for:
any economic losses (including loss of revenues, profits, contracts, business or anticipated savings);
any loss of goodwill or reputation; or
any special or indirect or consequential losses in any case, whether or not such losses were within the contemplation of the parties at the date you subscribed for the Services, or were suffered or incurred by you arising out of or in connection with the provision of the Services.
You agree to indemnify, hold harmless, and defend us, our officers, directors, shareholders, and representatives from and against any and all liability, damages, losses, costs, or expenses (including but not limited to attorney's' fees and expenses) incurred in connection with any claim related to:
a third party claim in relation to a breach by you of third party’s Intellectual Property Rights;
a third party claim in relation to a data breach;
your use of the Services; and
the information you supply to us, including your registration data.
This obligation will survive any termination of your relationship with us.
In the event any provision, clause, sentence, phrase, or word hereof, or the application thereof in any circumstances, is held to be invalid or unenforceable, such invalidity or unenforceability will not affect the validity or enforceability of the remainder hereof, or of the application of any such provision, sentence, clause, phrase, or word in any other circumstances.
Nothing in this Section will limit or exclude any liability for fraud.