Terms & Conditions

Please read this agreement in its entirety before you continue to use this web site or associated services. This document contains information regarding all services offered by caeus.com; it is your responsibility to make sure you have read and understood everything which relates to the service(s) you are using.

Introduction
1. These terms and conditions ("terms") constitute a legal agreement between you ("you", "your", "the user", "users" "the customer" "clients") and caeus.com. ("caeus.com", "we", "us", "our"). Please read these terms carefully before using this web site. If you do not accept these terms, do not use this web site. By signing up, clicking on the button that stipulates agreement to the following terms and by using this web site, whether or not you have created an account and logged in, you agree to be bound by the terms and conditions of this agreement ("agreement"). You must also read in full our separate Privacy Policy for information concerning how we deal with the personal information with which you provide us. By accepting these Terms and Conditions, you expressly consent to the use and disclosure of your personal information as described in the Privacy Policy.
2. You agree to indemnify caeus.com, its subsidiaries, affiliates and licensors against any losses, expenses, costs or damages howsoever incurred by any or all of them as a result of your breach of the terms of this agreement or your unauthorised use of this web site and its content and related rights.
3. caeus.com reserves the right to modify this agreement at any time without notice.
Legal Ownership
1. This web site is owned and operated by caeus.com, which is based in the UK. Unless specifically stated otherwise, all of the content featured or displayed on this web site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software ("content"), is owned by caeus.com, its licensors and its content providers. The name "caeus.com" and the caeus.com logo are both trademarks of Paul Freeman-Powell and caeus.com and may not be used without permission.
2. All elements of caeus.com's web sites, including, but not limited to, the general design and the content, are protected by trademarking, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with caeus.com or one of its subsidiaries, no portion or element of this web site or its content may be copied or retransmitted via any means and this web site, its content and all related rights shall remain the exclusive property of caeus.com or its licensors unless otherwise expressly agreed. In cases of serious breach, legal action may be pursued in order to protect caeus.com's interests.
3. caeus.com provides advertising space for publishers on its web pages, and any images or text included in such adverts remains the copyright of its respective owner.
Disclaimers
1. This web site and its content are provided "as is" and "as available" and caeus.com excludes to the fullest extent permitted by applicable law any liability or warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. The functions embodied on, or in the materials of, this web site are not warranted to be uninterrupted or without error. You, not caeus.com, assume the entire cost of all necessary servicing, repair or correction due to your use of this web site.
2. Except as specifically stated in these Terms and Conditions, the Privacy Policy, or elsewhere on this web site, or as otherwise required by applicable law, neither caeus.com nor its directors, employees, licensors, content providers, affiliates or other representatives will under any circumstances whatsoever be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, misuse of, your inability to use, or the performance of this web site or the content whether or not we have been advised of the possibility of such damages.
3. caeus.com uses reasonable efforts to ensure the accuracy, correctness and reliability of the content, but we make no representations or warranties as to the content's accuracy, correctness or reliability.
4. Pages on this or any other caeus.com web sites may contain links to external web sites which are in no way associated with caeus.com. No responsibility can be taken for the content and accuracy of external web sites and caeus.com does not endorse or condone any material contained within external web sites. The views expressed on web sites linked to herein or any emails received are solely those of the individuals providing them and do not reflect the opinions of caeus.com, its parents, affiliates or subsidies. We are not responsible for any content contained on any such web site or any loss suffered by you in relation to your use of such web sites. You waive any and all claims against caeus.com regarding the inclusion of links to outside web sites or your use of those web sites.
Mailing and Preferences
1. If you authorise us to send you promotional materials, we may do so using either the email or the mailing addresses you provided on the registration or billing information screens. From time to time we may notify you of special promotions, new products or services, or other information that may interest you.
2. Should you not wish to receive this type of information, you will be able to express this desire by clicking on the appropriate button or checkbox when first asked to respond to the issue, or by modifying your profile at anytime thereafter - we will not send you information if you expressly inform us you do not wish to receive such materials.
3. If you would like to revise the information provided to us, or feel that what we currently have on record is incorrect, you may update the information in the "My Account" section of this web site.
Submissions
1. Where you are invited to submit a suggestion, bug report or any other contribution to caeus.com (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant caeus.com a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in caeus.com's Privacy Policy. If you do not want to grant to caeus.com the rights set out above, please do not submit your contribution to caeus.com.
2. Further to the above paragraph, by submitting your contribution to caeus.com, you warrant that your contribution is your own original work and that you have the right to make it available to caeus.com for all the purposes specified above, it is not defamatory, it does not infringe any law; and you agree to indemnify caeus.com against all legal fees, damages and other expenses that may be incurred by caeus.com as a result of your breach of the above warranty, and to waive any moral rights in your contribution for the purposes of its submission to and publication on caeus.com and the purposes specified above.
Technical Support Services
1. This section relates to the technical support services offered by caeus.com. Free technical support is available for all of our products by phoning 0870 3000 927. Calls to an 0870 number usually cost no more than 8p per minute from landlines; calls made from mobile phones may cost more. You assume the cost of all call charges.
2. In addition to the free technical support available for all our products and services, we also offer general technical support relating to computer hardware, software and internet issues in the area local to our Liverpool offices in the United Kingdom, charged at the rates advertised, by phoning 0870 330 3631. If you phone our premium rate technical support helpline (currently unavailable), there is no guarantee that all issues can be resolved over the phone without the need for an additional callout. This service is currently limited to PCs running Microsoft Windows, however if you have a Mac or run Linux, we may still be able to help you out.
3. By arranging and booking a call-out from a caeus.com support technician, you agree to pay the relevant call-out charge(s) as advertised. If you wish to cancel an appointment, you must cancel at least 2 (two) hours in advance in order to qualify for a refund. The call-out fee will be payable even if you decide not to authorise us to go ahead with the work after an estimate has been presented. In order to qualify for a student discount, you must present a valid and current NUS card. caeus.com reserves the right to refuse a student discount for whatever reason if we have suspicion or reason to believe that your student card or status may be invalid.
4. You must sign and agree to indemnify caeus.com, its subsidiaries, affiliates and licensors against any software or data losses, warranty invalidations, expenses, costs or damages to hardware or system configuration, howsoever incurred by any or all of them as a result of work which you have requested and agreed to have carried out. Whilst not a requirement, you agree to take responsibility for a full system and registry backup before your appointment. No responsibility whatsoever can be taken for subsequent data loss, system instability or any other faults which may occur after work has been carried out. When a problem has been diagnosed, there is no guarantee that this is exhaustive and that the prescibed work will cure all symptoms. There may be additional problems with your system which would need to be addressed as a subsequent repair job. Once you have signed and agreed to pay for work to be done on your computer/laptop, this fee must be paid in full before your machine will be released back to you. The price for any parts which need to be ordered will be added to the final price.
5. Internet and security setup does not guarantee against future virus or other attacks, and it remains your responsibility to update your virus scanner, firewall, operating system and any anti-spyware or anti-adware programs. In the case of wireless networks, you are strongly advised to allow the caeus.com service engineer to set up security protection. Regardless of whether this has been done, no responsibility can be taken for subsequent network intrusions.
6. All responsibility for data backup lies with you, the user, when you request that we format your hard disk(s) in order to perform a clean installation of your operating system. It is also your responsibility to ensure you own the relevant, up-to-date licences for any operating system or other software which you require to be installed. Windows XP must be activated once it has been installed; if this can not be done over the internet then you must allow the support technician to use your phone in order to complete the activation. If you do not own an up-to-date Windows installation CD then one can be provided but it should be noted that the fee paid is strictly for the provision of the CD and, if applicable, slipstreaming of relevant Service Packs ONLY. caeus.com does NOT deal in illegal software and you MUST ensure that you have a valid and legitimate licence from Microsoft to use the Windows operating system software. No responsibility whatsoever, in any shape or form, can be taken for any legal action or otherwise which may arise from the use of unlicensed software.
7. Data Recovery Services
  1. In the case of data recovery to "undelete" accidentally lost files, your entire hard disk (or in the case of laptops, the entire computer) must be taken away for analysis. If you choose to post your laptop or hard disk to us, you assume the cost of all postage, tax and insurance both to and from us. No responsibility can be taken for any damages or losses incurred whilst articles are in transit.
  2. Payment is due in full prior to attempts to recover data. Whilst in the majority of cases all files can be recovered (provided the guidelines set out have been adhered to), the prices advertised for this service are strictly for the ATTEMPTED recovery of all lost files. The client understands that recovery of lost files CANNOT be guaranteed.
  3. No responsibility can be taken for any of the contents of the hard disk(s), whether recoverable, unrecoverable or not deleted in the first place. As a result of this agreement, caeus.com shall not be liable for any claims regarding the physical functioning of any equipment or the condition/existence of data or storage media supplied before, during or after the service.
  4. All files for recovery must meet the caeus.com standards of decency, and you agree to allow caeus.com to view any and all files on your hard disk to ensure they are not illegal, illegally obtained, stolen, racist, blasphemous, pornographic or otherwise obscene. caeus.com does not deal in such material and as such any indecent material will be discarded from that recovered.
  5. caeus.com agrees not to disclose any and all information or data files supplied with, stored on, or recovered from client equipment except to employees, independent contractors, lawyers, or agents of caeus.com subject to confidentiality agreements or as required by UK law.
8. In the case of computers or laptops which have been left with us and repaired with fees outstanding, the total due must be paid within 2 weeks of the quotation being presented. After 2 weeks a late fee of Ł25 will apply, and any property left unclaimed with caeus.com after a 4 week period will become the property of caeus.com and may be discarded or sold to recover expenses.
Web Site/Application Design
1. The intellectual property rights of the PHP or other source code used to create any web application belong to Paul Freeman-Powell of caeus.com and the agreement is such that unlimited lifetime usage of the PHP code is granted solely for your own personal use and the use of your company/business, whilst the code remains strictly the property of Paul Freeman-Powell, caeus.com. You may not modify and/or redistribute the code, in whole or in part, nor may you store it in any electronic retrieval system without written consent from caeus.com, and any unauthorised modifications will immediately invalidate any warranty. Unauthorised redistribution of the code, regardless of whether a fee is charged, will immediately invalidate any warranty or usage rights and may result in legal action.
2. You agree to the name and/or a screenshot of the web site being used in publicity – either printed or electronic and to be distributed across all media including the internet – to make up part of the portfolio used to advertise the caeus.com services of web site/database design and construction. In addition, you agree to the placement of a notice on the web site stating by whom it was designed and built with a hyperlink back to the caeus.com web site. The removal of such a notice, unless by prior agreement in writing from caeus.com, will immediately invalidate any warranty or usage rights and may result in legal action.
3. The PHP code used to create any data-driven web application(s) is provided with a limited warranty which covers the code against any bugs or scripting errors which may have occurred during design-time. In the event of such a bug causing the web site to malfunction, the error in the source code will be rectified and re-tested as soon as is possible at no extra charge to either party.
4. All code is executed entirely at the user's risk and no responsibility can be taken for any damage either to hardware or software, or any information which is lost or compromised as a result, direct or indirect, of use or misuse of the code.
5. It is the responsibility of the third-party hosting company to ensure that their server is stable, secure, up-to-date and configured with the most recent security defences. Whilst every precaution has been taken to ensure that the code is as secure as is currently possible, no responsibility can be taken for data which is stolen or compromised as a result of malicious code put into place by hackers.
6. Passwords are encrypted irreversibly so that they cannot be stolen were the database to be compromised by a hacker. At the time of writing this algorithm is not known to be flawed, however no responsibility can be taken should this be proved otherwise.
7. The content and copy displayed on the web site is entirely the responsibility of the named customer and no responsibility whatsoever can be taken for any legal issues which may arise as a result of content or use of the web site.
8. The web application and its code must not be used to display or distribute illegal, offensive, pornographic, racist, satanic or blasphemous material, or anything which may reflect badly on caeus.com, the named developer of the web application. Such an incident will result in immediate withdrawal of the rights to use the code, whereupon it must be seen and confirmed in writing that the code has been completely deleted and is no longer in the possession of the named customer. In such circumstances the customer would not be entitled to a refund.
9. You are advised to specify Terms & Conditions for users and it is a legal requirement that a Privacy Policy is provided if your web site collects users' personal information. You are free to copy and/or modify the equivalent documents which appear on the caeus.com web site, however these are provided with absolutely no warranty of suitability or merchantability whatsoever and you are strongly advised to seek professional legal advice regarding these important documents.
10. Unless separately agreed in writing, customers are required to pay a deposit, usually either 10% or 20% of the total amount quoted, before work on a web site shall commence. Once the web site has been completed it will be demonstrated to the client for the client's approval and an opportunity to request alterations will be given. In the case of web page layouts this will take the form of a JPEG screenshot. The balance will be payable before delivery of the finished product.
11. Once a web site has been delivered and the sale has been completed, no refunds will be given unless the sale is found to be in breach of the Sale of Goods Act 1979, the Supply of Goods and Services Act 1982 or the Sale and Supply of Goods Act 1994.
Competitions
1. Competitions ("Competition") on this web site are operated by caeus.com.
2. These prize draws and other competitions are open to all individuals aged 13 and older who have created a free account with caeus.com during the competition period set out in the specific information for that competition. No purchase is necessary.
3. Submitting an entry into a competition shall be deemed an unconditional acceptance by you of these Terms and Conditions ("Terms"). Thereafter the Terms shall be binding on you in this Competition, and a breach of any part of these Terms shall result in your being disqualified from any competitions.
4. Entry to competitions is free for all caeus.com members in the case of competitions conducted via our web site, or in the case of competitions entered by SMS this may incurr a charge plus the standard network operator's SMS rate. The user assumes the cost of all telephone line rental and charges from their Internet Service Provider.
5. Only one entry per person is permitted. Multiple entries will be disqualified.
6. Winners will be randomly drawn from all qualifying entries at each Prize Draw. Each winner will receive a Prize. Only the winners will be contacted personally.
7. The decision of caeus.com's judges is final and conclusive in all circumstances and no correspondence will be entered into.
8. The specification of the prize ("Prize") will be detailed on the web pages advertising the competition. caeus.com may, in its sole discretion, substitute a reasonable alternative for the Prize at any time. The exact content of the package is not guaranteed and may change at the sole discretion of caeus.com.
9. caeus.com arranges competitions in good faith and accepts no responsibility for any defects, including but not limited to those affecting operation or function, of the prize.
10. Prizes cannot and will not be exchanged for their money counterpart. The exact date of shipment may vary depending on market availability and stock. caeus.com does not accept any liability for any prize which is lost, delayed or damaged in the post or otherwise not validly received by you.
11. If you win, you agree to have your name and location (but not your email address) published on the caeus.com web site.
12. You have made certain representations of honesty to caeus.com in submitting entry to the competition. caeus.com has relied on the accuracy and truth of such representations. Should caeus.com or its agents become aware of any fraud, deceit, omission or similar action undertaken in connection with the competition entry (in caeus.com's opinion, which shall be final), caeus.com reserves the right to forfeit your place on the competition (without giving any reason and without notice).
13. Incomplete entries will be void (in caeus.com's absolute discretion).
14. Late entries will not be accepted (in caeus.com's discretion).
15. caeus.com shall be entitled, in its absolute discretion, to cancel the competition with immediate effect by stating the same on the relevant website without any liability in respect thereof.
16. caeus.com shall not be liable to perform any of its obligations under the competition or in respect of the prize where it is unable to do so as a result of circumstances beyond its control and shall not be liable to compensate you in such circumstances.
17. caeus.com is in no way affiliated with any or all of the companies providing or who manufactured the prize(s). All other product or service names are the property of their respective owners.
Fictional Institute of Stock Photography
1. This section relates to use of the Fictional Institute of Stock Photography, which is a fully functional working-model of a member-based, content management-driven package for marketing stock photography, developed exclusively by caeus.com.
2. Images, other than watermarked images, may only be used commercially once you have entered into a licence agreement and paid the relevant fee. Watermarked images may only be used for your internal "comps" and layouts. caeus.com does not grant you any licence to use these images in any final materials distributed either internally or externally by yourself or your company, including any electronic or online system. Except for this limited, internal testing and sample use, caeus.com grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any watermarked images. Any image(s) acquired from this web site, watermarked or otherwise, may be cropped, edited or altered in any way as is seen fit to make the image(s) suitable for use for the desired purpose. However, you surrender the exclusive legal rights and ownership of any image(s) derived from image(s) acquired from this web site back to caeus.com who shall remain the sole legal owners of the image(s) in whatever form they may take.
3. caeus.com gives no representations or warranties whatsoever with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in the images contained on this web site. You must satisfy yourself that all necessary rights, consents or permissions as may be required for reproduction of any images have been secured.
4. Where an image has, or images have been, licensed, whether watermarked or otherwise, for limited or otherwise use for a particular purpose, circumstance or type of media, the image may not under any circumstances be used for any other purpose whatsoever, unless expressly agreed upon and after a separate licence agreement has been entered into, confirming the additional license agreement for the particular image or images. In the event of a breach of the license agreement regarding a particular image or images, all licenses for that particular image or images may be made null and void at caeus.com's sole discretion and you will no longer be permitted to use them for any purpose or store them in any retrieval system, electronic or otherwise. In cases of serious breach, legal action may be pursued in order to protect caeus.com's interests.
5. Once a license to use a particular image or images has been purchased, no refunds will be available without specific and infallible proof that you have completely deleted to the best of your knowledge any copy of the image or images, and that no image or images have been used commercially or distributed internally or externally. All refunds, unless the sale is found to be in breach of the Sale of Goods Act 1979, the Supply of Goods and Services Act 1982 or the Sale and Supply of Goods Act 1994, will be given at the sole discretion of caeus.com. All images remain perpetually the sole property of caeus.com and in the event of a cancellation of a license agreement, whether due to refund, breach or otherwise, it is your responsibility that all copies of the image(s) concerned be completely deleted. If additional copies are discovered at a later date, these must be deleted immediately also.
Miscellaneous
1. Credit and debit card payments for any service from caeus.com are processed by a third-party service provider using industry-standard fraud protection methods to ensure maximum security of your payments. However, caeus.com is unable to accept any responsibility for any losses which occur whilst customers are using services provided by a third-party company.
2. Only one account may be registered per person, and all information supplied must be correct, truthful and up-to-date. By signing up and accepting this agreement, you affirm that the information you have supplied is correct and you understand that it is illegal to supply information which you know to be false. It is your responsibility to protect your account details; you must never write down or disclose your password or other sensitive information. caeus.com employees will NEVER ask for your password either over the phone or via email. caeus.com cannot be held responsible should you leak these details to anyone else under any circumstances.
3. If you fail to abide by these terms and conditions, you will be sent an email detailing the way in which you have broken your agreement with caeus.com. This email will also include a warning that continuing to break the rules may result in action being taken against your account or accounts. If caeus.com considers such behaviour to be serious and/or repeated, caeus.com may use whatever information that is available to it about you to stop any further such infringements. For more information, please see our Privacy Policy.
4. No action of caeus.com, whether verbal or written, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions or Privacy Policy. Should any clause of these Terms and Conditions or Privacy Policy be found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
5. Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent that they are prohibited or superseded by state or national provisions.
6. These Terms are not intended to nor shall create any rights, entitlements, claims or benefits enforceable by any person that is not a party to them. Accordingly no person shall derive any benefit or have any right, entitlement or claim in relation to this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.
7. This agreement is governed by the laws of England and Wales whose courts are the courts of exclusive jurisdiction.