Terms & Conditions
Your usage of this site constitutes acceptance of these terms
AAAtraq Limited ("AAAtraq") is a UK registered company, registration number 11650485, registered office being Crown House, 27 Old Gloucester Street, London. WC1N 3AX. UK
Customer use of the site (and any Services supplied directly by it) is
subject to the terms of this Agreement ("Agreement"). It is a document
setting forth the rights and obligations between the Customer and AAAtraq.
Customer is not eligible to receive the Services until the Customer has
accepted this Agreement. Please read this Agreement carefully.
In these Conditions unless the context otherwise permits:
- "Authorized Representative" means a person whose job title is that of
Director or Managing Director or a person who holds the office of
- "Customer" means the person, firm, company, entity or organization
with whom AAAtraq contracts for the sale of Products and/or supply
- "the Conditions/these Conditions" means the standard terms and
conditions of sale set out in this document or such replacement
standard terms and conditions notified to Customer as in force at the
date of the Contract and which at that date appear on AAAtraq's web
- "the Contract" means any contract for the purchase and sale or other
supply of Products and/or the supply of Services by AAAtraq to a
- "Electronic Means" means any electronic means including without limit
on the Web, by EDI or XML.
- "Service(s)" means (collectively) all services, programs, information
and products that the Customer uses or otherwise accesses from time to
time provided by AAAtraq through its site.
- "Quotation" (in the form of a Schedule of Service) means the
quotation for Services that AAAtraq provides to the Customer, in
writing or electronically, which specifies the price to be paid for
- The headings in these Conditions are for convenience only and shall
not affect their interpretation.
- AAAtraq reserves the right to apply supplemental or other terms for
Services to be supplied by AAAtraq or used by the Customer outside the
Basis of the Sale
- All Contracts between AAAtraq and a Customer shall be governed by
these Conditions (and, where applicable, any other terms and conditions
pursuant to Clause 1.3) to the exclusion of any other terms and
conditions not accepted in writing by an Authorized Representative of
AAAtraq, including without limit any terms on or referred to in any
Customer purchase order. In the case of orders placed by Electronic Means
which refer to any terms and conditions of the Customer AAAtraq's
automatic taking on to its system of such order shall amount to a
rejection of the Customer's terms and conditions and an offer to supply
the Products ordered on the basis of these Conditions. No variation to
these Conditions shall be binding unless agreed by letter and signed by
an Authorized Representative of AAAtraq. It is the Customer's
responsibility to be aware of the Conditions as current from time to time
but AAAtraq will use best efforts to notify the Customer of any
material changes to the Conditions before they become applicable. The
Customer's acceptance of these Conditions shall also be made (in respect
of the first Contract and all subsequent Contracts) either by (1)
Customer providing a purchase order to AAAtraq or (2) Customer
accepting Products or Services from AAAtraq, whichever occurs
- No employee or agent of AAAtraq other than an Authorized
Representative has any authority to make any representation at all
concerning Products or Services and an Authorized Representative has no
authority to make such representation other than by letter (an
"authorized representation") and accordingly the Customer agrees that
in entering into any Contract it does not rely on any unauthorized
representation and the Customer agrees it shall have no remedy in
respect of any unauthorized representation (unless made fraudulently).
- In placing an order including by Electronic Means the Customer may
utilize one or a combination of account names, account numbers and other
forms of identification, including password or other code issued to
the Customer (together and individually "Customer's Identification" or
- It is the Customer's responsibility to keep the Customer's
Identification confidential. Customer has the sole responsibility for
its Customer Identification. Customer shall immediately inform AAAtraq
in case of loss of password or in case of any abuse or attempted abuse
of Customer password or other Customer Identification. Customer agrees
that the Customer is entirely responsible for use of the Customer's
Identification and that it is the Customer's responsibility to have in
place security measures and procedures to ensure use of its Customer
Identification only by authorized personnel for authorized purposes.
- Customer agrees that AAAtraq is entitled to rely absolutely on any
orders placed on AAAtraq which have utilized Customer's Identification
and to deliver as directed by such orders and to invoice and be paid in
respect of such orders.
- Customer agrees that any order placed on AAAtraq.com including by
Electronic Means mentioning or utilizing Customer's Identification is a
valid and binding purchase order and shall be deemed to be a duly
authorized act of the Customer.
- Customer acknowledges that AAAtraq cannot guarantee the security of
the Internet and the possibility of interception or corruption of data
transmitted from Customer to AAAtraq using correct Customer
Identification, and that AAAtraq is nonetheless entitled to rely on
data transmitted in the form it is received at AAAtraq.com.
- When Customer obtained Customer Identification from AAAtraq, it
was represented to AAAtraq that it was obtained by a legitimate
employee or representative of the Customer that deals with AAAtraq.
Customer represents and warrants that the information it provided to
AAAtraq in obtaining the Customer Identification is accurate and
complete. Customer also agrees to notify AAAtraq immediately at any
time that information ceases to be accurate and complete.
Contract term and renewal
Unless otherwise specified in the Quotation:
- The fixed period of any Contract for ongoing Services shall be 12
months (for an annual subscription) or 1 month (for a monthly
- The Contract period shall automatically renew unless cancelled by
the Customer in their AAAtraq online dashboard following login to the
Service via the website (AAAtraq.com), or unless otherwise specified
in the Quotation.
- AAAtraq may increase the price charged for each successive fixed
period by up to 8% above the price charged for the previous period.
Proprietary Rights of AAAtraq
- Customer acknowledges and agrees that AAAtraq exclusively owns or
has been licensed by third parties to use all rights, title and interest
in the Service and the information, data, databases, images, sound
recordings, audio and visual clips and other content provided by
AAAtraq through the Service (individually and collectively, the
- Nothing contained in this Agreement conveys to the Customer any
right, title or interest in or to the Service or any content. Customer
shall not remove or modify any copyright or other notice placed on
content. Internal distribution of content should be limited to those
within Customer organization who are aware of the obligations imposed by
- Customer shall use the Service and content solely for customers
own internal use, and not for the benefit of any third party. In no
event shall the Customer display, circulate, publish, retransmit,
redistribute, reproduce or sell all or any part of content outside of
the Customer's business organization by any means or medium now or
hereafter created). Customer is not authorized to alter, cover, or
remove any reference to such intellectual property rights and shall
adhere to any guidelines and restrictions provided by AAAtraq with
respect to such rights.
- AAAtraq shall have no duty to defend, indemnify or hold Customer
harmless from and against any or all claims brought against the Customer
or damages and costs incurred by the Customer arising from the
infringement of a third party's intellectual property rights, except to
the extent AAAtraq's supplier is offering such defense or
indemnification to AAAtraq on a pass through basis. Upon threat of
claim or claim of infringement, AAAtraq may, at its option:
- procure the right to continue using any part of the Service,
- replace the infringing Service with a noninfringing Service of
similar specification, or
- refund to the Customer the price paid in advance by the Customer
for the infringing Service. Notwithstanding any other terms or
conditions to the contrary AAAtraq's liability for infringement
of intellectual property rights under these Conditions shall not
exceed the Customer's payment for the infringing Service.
Important Disclaimers regarding content and use restrictions
AAAtraq makes no representations that content is appropriate for use
in all locations, or that transactions, products, instruments or Services
discussed are available or appropriate for sale or use in all
jurisdictions, or by all investors or counterparties.
Certain links are provided which may lead to web sites maintained by
third parties over whom AAAtraq has no control, including sites
maintained by AAAtraq affiliates. To the extent permitted, AAAtraq
takes no responsibility for the accuracy, content or any aspect of that
material and disclaim any liability to Customer for such material or for
any consequence of customer decision to use the links provided or
customer use of such material. AAAtraq also disclaims all liability
and makes no representations or warranties for any products or Services
sold or provided to the Customer by any third party, including
AAAtraq affiliates. Customer purchase of products or Services through
one of those other sites is subject to agreements and/or the terms and
conditions in effect between the Customer and the providers of products
and Services at those other sites. Customer agrees that the Customer
shall not bring a suit or claim against AAAtraq arising from or based
on Customer purchase or use of products or Services through those other
Customer acknowledges that some content available through the Service
which appears to be in "real time" may in fact be delayed information.
Customer acknowledges that the content provided through the Service is
not intended to be a recommendation, offer or solicitation of any
particular products or services. In addition, the content provided
represents the views and opinions solely of the author or the indicated
source. AAAtraq does not independently verify the accuracy or
completeness of the content, nor does AAAtraq endorse any particular
content or views expressed therein. AAAtraq takes no responsibility
for the accuracy, content or any aspect of the content and disclaim any
liability to the Customer for the content or for any consequence of the
Customer decision to use the content. Customer agrees that the Customer
shall independently confirm any information presented to the Customer
through the Service before relying on such information. AAAtraq and
its employees, contractors, agents and various contributors to the
Service have no duty to correct or update any inaccurate or outofdate
It is up to the Customer to take precautions to ensure that information
and content the Customer download or otherwise selects for customer use
is free of viruses and other destructive items.
The Customer acknowledges that, in order to provide Services to them,
AAAtraq will need to access and store data from their website(s)
and/or social media presences, and the Customer gives explicit permission
for this to be done for the purpose of providing the Services.
AAAtraq may make changes to the Service and content. AAAtraq reserves
the right to do so without prior notice to the Customer. In the event of
any material change to the Service and/or content that is to the
disadvantage of the Customer, the Customer has the right to terminate
without penalty during the first thirty days.
Service and Support
- All support provided is based on UK working hours, i.e. from 09.15
to 16.30 UK time. Support is not provided outside of these hours, nor
during public holidays in England and Wales, unless otherwise agreed in
writing with the Customer.
- Standard support covers reporting of bugs, errors or system failures,
and clarifications or explanations of diagnostics reported by a Service.
It does not include investigation as to the cause of diagnostics reported
by the Service where this entails review of the code, operation or
delivery of the Customer's content, website or social media page (or
assets contained or linked therefrom), unless the cause is determined
to be a bug or fault in the Service.
- Any support requests must be made via the online support service,
under 'Help and Support', following login to the Service via the
- Support requests will be acknowledged (on a 'best efforts' basis)
within 60 minutes of the Customer's completion and submission of the
- Once the request has been acknowledged and a support ticket ID
allocated, the standard response time is 8 working hours - this being
the time for the initial response and not necessarily the time for the
request to be resolved.
- AAAtraq will close the support ticket when it believes the
request to be resolved. Should the Customer not agree that the request
is resolved, full details sufficient for AAAtraq to be able to
investigate should be emailed to support@AAAtraq.com.
- Where the Customer has purchased additional support via way of
Support Incidents, AAAtraq will endeavor to provide details as to
the root cause of a reported diagnostic.
- The Customer may need to provide specific details or further
information as and when requested in order to enable AAAtraq to
effectively solve Support Incidents. If this information is not
provided in a timely manner then the Incident may be closed.
- Unless otherwise agreed in writing, the maximum investigation time
for a Support Incident is 1 working day.
Limitation of Liability
- AAAtraq shall not be liable to the Customer for any economic or
financial loss or damage (including without limit any loss of profits,
loss of revenue, liabilities incurred by the Customer to third parties
relating to Products delivered or Services rendered by AAAtraq, or
additional expenses incurred or the cost of time spent) or any
consequential, indirect, or special loss or damage costs expenses or
other claims for consequential compensation whatsoever (including
without limit loss of or damage to data or loss of goodwill) incurred
or suffered by the Customer and in every case howsoever caused or
arising (and whether caused by the negligence of AAAtraq its employees
or agents or otherwise).
- AAAtraq's liability for direct loss or damage arising from damage
to tangible property for which AAAtraq is liable shall be limited to
the VAT exclusive price of the relevant Service in connection with which
any claim for damage or loss is made.
- Because some states or jurisdictions do not allow the exclusion
or limitation of liability for certain damages, in such states or
jurisdictions, the liability of AAAtraq, its partners, employees,
agents, contractors or other suppliers shall be limited in accordance
with this Agreement to the extent permitted by law.
- Nothing in these Conditions shall in any way exclude or limit any
liability AAAtraq may have for death or personal injury caused by
- If provision of the service, and/or its availability are such that
the service is impeded by the lack of availability of the Customer's
website, AAAtraq do not accept and are not liable for delivery of
the service until the Customer's website is fully available.
- AAAtraq does not represent, warrant or guarantee that the Service
or content will be free from errors or will be available at all times.
Customer understands that AAAtraq accepts no responsibility for
security of information on the Internet.
- AAAtraq shall not be liable to the Customer or be deemed to be
in breach of any Contract by reason of any delay in performing or any
failure to perform any of AAAtraq's obligation in relation to the
Services if the delay or failure was due to any cause beyond
AAAtraq's reasonable control. Without prejudice to the generality
of the foregoing the following shall be regarded as causes beyond
AAAtraq's reasonable control:
- Act of God, explosion, flood, tempest, fire or accident;
- Act of terrorism, war or threat of war, sabotage, insurrection,
civil disturbance or requisition;
- Acts restrictions regulations bylaws prohibitions or measures of
any kind on the part of any governmental or parliamentary or local
- Import or export regulations or embargoes;
- Strikes, lock outs or other industrial actions or trade disputes
(whether involving employees of AAAtraq or a third party);
- Difficulties of AAAtraq's supplier in obtaining raw materials
labor fuel parts or machinery.
The Customer should only share personal data with AAAtraq if it
has been specifically requested and only if they can, if necessary,
provide confirmation that they have permission to share such data.
AAAtraq will never ask for, and the Customer should never share,
sensitive personal data (as defined in data protection law). AAAtraq
provides services only to businesses on a commercial basis, not to
individuals or consumers.
AAAtraq legal protection
AAAtraq provides its customers with limited indemnity against
reasonable and necessary legal costs and legal expenses caused by
allegations that their websites fail to make reasonable
accommodations for users with disabilities.
The indemnity is dependent upon the website that is the subject of
the allegation being registered with AAAtraq and subject to a
current and paid up-to-date customer contract on the date that the
failure is alleged to have occurred, and is limited to an amount
determined by the number of AAAtraq stars assigned to that website
on that date as follows:
|3 or above||US$50,000|
The indemnity is only valid if AAAtraq is notified of the
allegation via its online portal within 7 working days of receipt
by the customer, and only if the customer enters into an
attorney-client relationship with defense counsel from AAAtraq’s
approved panel in order to defend the claim.
The indemnity is only valid where the customer is based in the USA
and the claim is issued under United States law.
The indemnity is subject to the terms and conditions of the
- This Agreement does not confer any rights, remedies or benefits upon
any person other than the Customer and AAAtraq. This Agreement may
only be amended by a written or electronic form duly accepted and
agreed to by AAAtraq and the Customer and such amendment shall refer
to this Agreement. Customer may not assign this Agreement without the
prior written consent of AAAtraq. AAAtraq may reassign this
Agreement to a third party without notice, however if it does so it
guarantees that the third party will meet AAAtraq's obligations
under this Agreement. This Agreement shall be binding on and inure to
the benefit of the parties and their respective successors, assigns and
termination shall not prejudice the accrued or continuing rights
and liabilities of either party. Should any provision of this Agreement
be held to be void, invalid, unenforceable or illegal by a proper
legal authority, the validity and enforceability of the other provisions
shall not be affected.
- Customer represents and warrants to AAAtraq that the information
the Customer provided to AAAtraq in the registration process and in
other areas of the Service is true, accurate and complete. Upon request
by AAAtraq, the Customer hereby agrees to defend, indemnify and
hold harmless AAAtraq, its officers, directors, employees, agents,
contractors or other suppliers from all liabilities, claims and
expenses, including legal fees that arise from a breach of this Agreement
for which the Customer is responsible, or from the use of the Service
or content. AAAtraq reserves the right to assume the exclusive defense
and control of any matter otherwise subject to indemnification arising
out of or caused in whole or in part by the Customer or AAAtraq or
any such persons' use of or reliance on the Service or its content by
- Notwithstanding any other terms of these Conditions it is agreed
that the provision or display of pricing and other Information by
AAAtraq to the Customer does not amount to an offer by AAAtraq to
provide Services at that price or on any other terms. Supply of such
Information is only an invitation to treat. An order by the Customer
for Services shall be the offer.
- In the case of orders placed by Electronic Means only,
notwithstanding any acceptance by AAAtraq of any offer for any
Service, if there has been a material or obvious pricing error by
AAAtraq, AAAtraq shall be entitled within 30 days of its acceptance
of such offer to either invoice the Customer for the Customer's true
list price (not exceeding the prevailing market price) of the Service
at the date of order or, if the Customer shall prefer, terminate the
relevant Service and credit the Customer for any related charges
invoiced by AAAtraq.
- Customer is not allowed for any purpose whatsoever to use
AAAtraq's logos and trademarks without AAAtraq's prior written
approval from an Authorized Representative.
- Customer agrees that AAAtraq may use Customer data, including
any personal data, for the purpose of marketing and sales, and the
Customer agrees to AAAtraq's collection, storage and use of such
data for this purpose. Personal data will not be shared with third
parties without the Customer's consent. Customer agrees to receive
information and promotions and other communications from AAAtraq
by email and other communication tools.
- No waiver by AAAtraq of any breach of the Contract by the
Customer shall be considered as a waiver of any subsequent breach of
the same or any other provision.
- Customer agrees that Customer shall comply with applicable laws,
rules, regulations, ordinances and other similar national and
international requirements of the country, state and province in
which Customer is accessing and using the Service and content.
- If any provision of these Conditions is held by any authority
to be invalid or unenforceable in whole or in part the validity of
the other provisions of these Conditions and the remainder of the
provisions in question shall not be affected thereby.
- The Contract shall be governed by the laws of England and the
Customer submits to the exclusive jurisdiction of the English