These Terms and Conditions ("Terms," "Agreement") govern your access to and use of the website located at https://sunperp.org (the "Site") and all related services, software, applications, and solutions provided by SunPERP Solutions ("Company," "we," "us," or "our"), including the SunPERP and SunX enterprise resource planning platforms (collectively, the "Services").
By accessing, browsing, or using our Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. You also represent that you have the legal authority to enter into this Agreement on behalf of yourself or any organization you represent.
For purposes of these Terms:
You must be at least 18 years of age and have the legal capacity to enter into binding contracts to use our Services. By using the Services, you represent and warrant that you meet these eligibility requirements.
To access certain features of our Services, you may be required to create an Account. When creating an Account, you agree to:
You are solely responsible for maintaining the confidentiality of your Account credentials and for all activities conducted through your Account. We are not liable for any loss or damage arising from your failure to comply with these security obligations.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:
You agree not to:
You agree to use the Site and Services responsibly and in compliance with all applicable laws. You specifically agree NOT to:
The Site, Services, and all Content (excluding User Content) are owned by SunPERP Solutions or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. This includes but is not limited to:
All rights not expressly granted to you are reserved by SunPERP Solutions.
You retain ownership of any intellectual property rights in User Content you submit to the Services. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with providing the Services.
If you provide us with feedback, suggestions, or ideas about the Services ("Feedback"), you grant us an unlimited, irrevocable, perpetual, royalty-free license to use such Feedback for any purpose without compensation or attribution to you.
Access to certain Services may require payment of fees as set forth in your subscription plan or service agreement. All fees are:
You agree to provide valid, current payment information and authorize us to charge applicable fees to your designated payment method. You are responsible for all charges incurred under your Account.
Unless you cancel your subscription before the renewal date, your subscription will automatically renew for successive periods at the then-current rates. We will charge your payment method on file for renewal fees.
If payment is not received by the due date, we reserve the right to suspend or terminate your access to the Services. Late payments may be subject to interest charges at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.
You are responsible for all taxes, duties, and assessments (except taxes on our net income) associated with your use of the Services. If we are required to collect or pay taxes, they will be charged to you.
These Terms commence when you first access the Site or Services and continue until terminated in accordance with this section.
You may terminate your Account at any time by following the cancellation procedures outlined in your account settings or by contacting us. Termination does not relieve you of any payment obligations for Services already provided.
We may suspend or terminate your access to the Services immediately, without prior notice or liability, for any reason, including:
Upon termination:
THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION.
We do not warrant that:
We are not responsible for any third-party content, websites, products, or services accessed through our Site or Services. Your interactions with third parties are solely between you and such third parties.
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
IN NO EVENT SHALL SUNPERP SOLUTIONS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED POUNDS STERLING (£100).
These limitations reflect the allocation of risk between the parties. The limitations in this section will apply even if any limited remedy fails of its essential purpose.
You agree to indemnify, defend, and hold harmless SunPERP Solutions, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
We reserve the right to assume exclusive defense and control of any matter subject to indemnification, in which case you will cooperate with us in asserting any available defenses.
Your use of the Services is also governed by our Privacy Policy, available at https://sunperp.org/privacy-policy.html. By using the Services, you consent to our collection, use, and disclosure of your information as described in the Privacy Policy.
We implement reasonable security measures to protect your data. However, no system is completely secure, and we cannot guarantee the absolute security of your information.
While we perform regular backups, you are responsible for maintaining your own backup copies of critical data. We are not liable for any data loss.
We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance.
We may revise these Terms from time to time. We will notify you of material changes by posting the updated Terms on our Site and updating the "Last Updated" date. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms.
Before initiating formal legal proceedings, you agree to first attempt to resolve disputes informally by contacting us at legal@sunperp.org. We will attempt to resolve disputes in good faith.
These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.
You agree that any legal action or proceeding relating to these Terms shall be brought exclusively in the courts located in England and Wales, and you consent to the personal jurisdiction of such courts.
You agree to bring claims only in your individual capacity and not as a plaintiff or class member in any class, collective, or representative action.
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and SunPERP Solutions regarding the Services.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms without restriction.
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
You agree to comply with all applicable export and import control laws and regulations in your use of the Services.
These Terms are prepared in English, and the English version shall control in case of any inconsistency with translated versions.
For questions about these Terms, please contact us:
SunPERP Solutions
Studio 71a Martin Divide
East Jacksonborough
KT24 6NU
United Kingdom
Phone: +448847834026
Email: legal@sunperp.org
Company Registration: 59943957
By using our Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.