Terms and conditions

  1. 1. CONTRACT FORMATION AND ACCEPTANCE OF TERMS

    Brand Regard is a product provided by Transmit ehf. Your access to and use of Brand Regard ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.

    Signing up for Brand Regard and checking "I accept the terms and conditions" check box implies the your unconditional acceptance of these Terms and Conditions, regardless of the provisions set forth in your own documents or any documents, FAQs, help pages or videos referred to in Brand Regard or Transmit's blog, emails and web site. Any exception to these Terms and Conditions must be agreed to in writing by a duly authorized representative of Transmit.

    These Terms and Conditions and the initial Sign up form signed or accepted online by the yourself, constitute the entirety of the understanding and agreement between Transmit and yourself regarding supply of the Website. Any other supply of materials, software or services may be subject to additional charges.
  2. 2. REGISTRATION OBLIGATIONS

    In order to use the Website, you will be required to register with Brand Regard and provide your full legal name, a valid email address, a company name and any other information requested in order to complete the signup process.

    You are responsible for maintaining the security of your account and password. You may not authorise any third party to access or use the Website on your behalf. You are responsible for maintaining the confidentiality of the email used to log-in and the password, and are fully responsible for all activities that occur under your user email or password. You agree to immediately notify Transmit of any unauthorised use of your user email or password or any other breach of security. Transmit cannot and will not be liable for any loss or damage arising from any unauthorised use of your account.
  3. 3. PAYMENT OF SUBSCRIPTION FEES

    Subscription fees are payed monthly according to the subscription plan you have chosen. Once an account is upgraded or downgraded, the corresponding fees will be applicable. Transmit reserves the right to change the fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email to the address you have most recently provided us and published on the Website). The most current subscription fees available are always visible at the 'account' page which is accessible via a link in the top right corner of the web page when you are logged in.

    PAYING WITH A CREDIT CARD

    • Every user has a 7 day free trial period. If the account is cancelled within this trial period, no charge will be made to the credit card.
    • Once the trial period expires, the credit card will be charged and monthly thereafter until the account is cancelled. Each payment is an advance payment for the coming month.
    • From the account page, a user can upgrade or downgrade his account to higher or lower fees according to how many employees need access to the Website.
    • There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an upgraded account. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
    • Subscription to the Website can be terminated from the account page. The account will remain active for the rest of the current billing cycle. After that, all data in the account will be deleted.

    PAYING VIA INVOICE

    • Every user has a 7 day free trial period. Once the trial period expires, the user no longer has access to the Website unless otherwise negotiated. Data will not be lost until 7 days after the trial expires.
    • Payment by invoice is in advance. An invoice is dated for the first day of each month, and is for that month.
    • If an invoice has not been paid when the next invoice is issued, access to the Website is closed. This means that the account holder has one month to pay each invoice.
    • From the account page, a user can upgrade or downgrade his account to higher or lower fees according to how many employees need access to the Website.
    • When an account is updated, the remaining time for that billing cycle will be added to next month's invoice.
    • When an account is downgraded, the next billing cycle will be invoiced accordingly.
    • There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an upgraded account.
    • Subscription to the Website can be terminated from the account page without notice. The account will remain active for the rest of the current billing cycle. After that, all data in the account will be deleted.
  4. 4. ADVICE

    The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
  5. 5. CHANGES TO WEBSITE

    Transmit ehf. reserves the right to:

    1. Change (temporarily or permanently) the Website or any part of it in order to improve the user experience without notice and you confirm that Transmit shall not be liable to you for any such change; and
    2. Change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change. We will post any such changes in a timely manner, and draw your attention to any significant changes on the home page.
  6. 6. LINKS TO THIRD PARTY WEBSITES

    The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
  7. 7. COPYRIGHT

    All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Transmit or otherwise used by Transmit as permitted by law. This does not include any data uploaded to the site by its customers.
  8. 8. DISCLAIMERS AND LIMITATION OF LIABILITY

    1. The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
    2. To the extent permitted by law, Transmit will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

    3. Transmit makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

    4. Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Transmit for death or personal injury as a result of the negligence of Transmit or that of its employees or agents.

  9. 10. INDEMNITY

    You agree to indemnify and hold Transmit and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Transmit arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
  10. 11. SEVERANCE

    You may terminate your subscription at any time. This is done in the account page available via a link in the top right corner visible to any account manager that is logged in. You can also send us an email to brandregard@brandregard.com to cancel. Once cancelled, the account will remain active for the rest of the current billing cycle. After that, all data in the account will be deleted.

    If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
  11. 12. GOVERNING LAW

    These Terms and Conditions shall be governed by and construed in accordance with the law of Iceland and Icelandic courts will have exclusive jurisdiction over any dispute.
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