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These Terms of Sale set out the terms under which Paid Content, accessed via recurring Subscription, is sold by Us (MSP Dark Web Limited) to business customers through this website, www.mspdarkweb.com (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before offering to purchase a Subscription under Contract as you will and accept these Terms of Sale when ordering any Subscription. By ordering you confirm you have the authority and legal capacity to execute any Contract with Us.
By seeking to form a Contract with us you warrant and agree absolutely that:
If you do not agree to comply unconditionally with and be bound by these Terms of Sale, you will not be able to Contract with Us to purchase a Subscription and access Paid Content through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
In these Terms of Sale, unless the context requires otherwise, the following expressions will have the following meanings:
“Contract” means a contract for the purchase of a Subscription to access Paid Content;
“Data Protection Legislation” means all applicable legislation in force from time to time in the United Kingdom applicable to data protection and privacy including, but not limited to, UK-GDPR (the retained EU law version of the General Data Protection Regulation ((EU) 2016/679), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of Section 3 of the European Union (Withdrawal) Act 2018; the Data Protection Act 2018 (and regulations made thereunder); and the Privacy and Electronic Communications Regulations 2003, as amended;
“Paid Content” means the digital content sold by Us through Our Site;
“Subscription” means a pre-paid subscription to Our Site providing access to Paid Content;
“Subscription Confirmation” means Our acceptance and confirmation of your purchase of a Subscription;
“Subscription ID” means the reference number for your Subscription; and
“We/Us/Our” means MSP Dark Web Limited a company registered in England under Company Number 13543402 whose registered address is at 2 Manor Farm Ct, Old Wolverton Rd, Wolverton, Milton Keynes MK12 5NN.
ACCESS TO OUR SITE
Access to Our Site is free of charge.
It is your responsibility to make any and all arrangements necessary in order to access Our Site.
Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
Use of Our Site is subject to Our Website Terms of Use https://mspdarkweb.com/terms Please ensure that you have read them carefully and that you understand them.
These Terms of Sale apply to business customers only who warrant, by seeking to Contract to purchase our Paid Content that they are IT managed service providers. If you are not an IT managed service provider you may not purchase from us, without our prior written approval which we are under no obligation to provide. We do not supply consumers.
These Terms of Sale constitute the entire agreement between Us and you with respect to your purchase of Subscriptions and Paid Content from Us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
We may from time to time change Our prices. Changes in price will not affect any Subscription that you have already purchased but will apply to any subsequent renewal or new Subscription. We will inform you of any change in price at least 30 days before the change is due to take effect. If you do not agree to such a change, you may cancel the Contract as described below
Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect your use of that Paid Content. However, if any change is made that would affect your use of the Paid Content, we will use reasonable efforts to provide suitable information to you.
In some cases, as described in the relevant content descriptions, We may also make more significant changes to the Paid Content. If We do so, We will inform you in what we shall determine to be a reasonable period before the changes are due to take effect, always bearing in mind that some may be a result of Force Majeure events. If you do not agree to the changes, you may cancel the Contract as described below.
Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it as provided to you before you purchased your Subscription to access the Paid Content. Please note that this does not prevent Us from enhancing the Paid Content, thereby going beyond the original description or making Force Majeure changes.
We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of publication. Changes in prices will not affect any order that you have already placed save where changes in VAT charged to UK domiciled clients are concerned (see below).
All prices are checked by Us before We accept your offer. In the unlikely event that We have shown incorrect pricing information, We will contact you by email to inform you of the mistake. If the correct price is lower than that shown when you made your order, We will simply charge you the lower amount and continue processing your order. If the correct price is higher, We will give you the option to purchase the Subscription at the correct price or to cancel your order (or the affected part of it). We will not proceed with processing your order in this case until you respond. If We do not receive a response from you within 2 working days, We will treat your order as cancelled and notify you of this in writing.
If We discover an error in the price or description of your Subscription after your order is processed, We will inform you immediately and make reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform you of such an error and you do wish to cancel the Contract, you should as described below.
If the price of a Subscription you have ordered changes between your order being placed and Us processing that order and taking payment, you will be charged the price shown on Our Site at the time of placing your order. Subsequent Subscriptions and renewals will be charged at the new price.
Prices on Our Site are shown both exclusive of and inclusive of VAT. If your purchase is liable to VAT any VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
Our Site will guide you through the process of Contracting with us to purchase a Subscription to Our Paid Content. Before completing your purchase, you will be given the opportunity to review your order and amend it. Please ensure that you have checked your order carefully before submitting it.
Any contract made between us shall be deemed to have been made in England.
If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from you providing incorrect or incomplete information.
No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your order does not mean that We have accepted it. Acceptance is indicated by Us sending you a Subscription Confirmation by email. Only once We have sent you a Subscription Confirmation there will be a legally binding Contract between Us and you.
Subscription Confirmations shall contain the following information:
Your Subscription ID;
Confirmation of the Subscription ordered including full details of the main characteristics of the Subscription and Paid Content available as part of it;
Fully itemised pricing for your Subscription including, where appropriate, taxes, and other additional charges;
The duration of your Subscription (including the start date, and the expiry
Anything else?
In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain the reasons. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you.
Any refunds due will be issued to you as soon as reasonably possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
Refunds will be made using the same payment method that you used when purchasing your Subscription unless you specifically request that We make a refund using a different method provided we consider it reasonable to do so bearing in mind any money laundering policy issued by our payment provider, and any regulation or law that is in force within the jurisdiction of English law.
By entering into a contract with Us you warrant you are an independent Managed Service Contract provider. You may as result of the contract being formed, market, distribute and support your clients use of all Paid Content on your own account and wholly accept the legal responsibility in the jurisdictions in which you and your clients operate. At no time may you claim to be Our distributor, agent or representative and nothing in any contract formed shall be construed to place you or Us in the position of partners, employees, joint venture contract partners or agents. To that effect neither you nor We shall be deemed to have the authority or power to obligate or bind the other in any manner whatsoever or create any liability for any purpose other than contained in these Terms of Sale.
Payment for Subscriptions must always be made in advance. Your chosen payment method will be charged when We process your order and send you a Subscription Confirmation on each renewal date; which will normally be monthly.
Payments due must be made in full, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
In the event you are located within The United States of America We will issue you a W-8BEN-E form.
If you are located outside the United Kingdom We will undertake reasonable efforts to provide local tax compliant documentation should you specifically ask for it.
We accept the following methods of payment on Our Site:
If you do not make any payment due to Us on time, We will suspend your access to the Paid Content and cancel the Contract. Any outstanding sums due to Us will remain due and payable.
If you believe that We have charged you an incorrect amount, please contact Us as soon as reasonably possible to let Us know. You will not be charged for Paid Content while availability is suspended.
Paid Content appropriate to your Subscription will be available to you immediately when We send you a Subscription Confirmation and will continue to be available for the duration of your Subscription (including any renewals), or until the Contract is otherwise ended.
In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:
If We need to suspend availability of the Paid Content We will inform you in advance of the suspension and explain why it is necessary unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform you as soon as reasonably possible after suspension.
We may suspend provision of the Paid Content if We do not receive payment on time from you. We will inform you of the non-payment on the due date, however if you do not make payment within 2 working days of Our notice, We may suspend provision of the Paid Content until We have received all outstanding sums due from you. If We do suspend provision of the Paid Content, We will inform you of the suspension. You will not be charged for any Paid Content while provision is suspended.
When you purchase a Subscription to access Paid Content, We will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the relevant Paid Content for commercial purposes. The licence granted to you does not give you any rights in Our Paid Content including any material that We may have licensed or may licence from third parties.
The licence granted to you is subject to the following usage restrictions and/or permissions:
You do not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’). In doing so you acknowledge our absolute Copyright on all marks, designs and other aspects associated with our trade name which you will hold inviolate of any infringement by you or any third party with whom you are in contact or may come into contact whatsoever. These terms shall continue beyond the end of any Contact in perpetuity.
You only use the Paid Content in respect of your own domains and those of your managed service clients.
You are responsible absolutely for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use Paid Content, including without limitation, routers, software and connection services such as but not limited to telephone fixed lines. You are responsible for ensuring Paid Content is compatible with your equipment and operational environments.
You may not modify or make any derivative works based on Our Paid Content, or its documentation or, Our website or these terms.
You agree you will not seek directly or via any third party to reverse engineer, decompile or dis-assemble any of the Paid Content directly or indirectly, in whole or in part. The Paid Content shall only be used for its intended purpose and not included within nor used for any other software development of any kind or any other purpose.
You have no rights whatsoever in respect of any of Our Paid Content save for its use during the Subscription.
You may cancel your Subscription at any time. We cannot offer any refunds and you will continue to have access to the Paid Content for the remainder of your current Subscription (up until the renewal or expiry date, as applicable), at which point the Contract will end.
If you purchase a Subscription by mistake (or allow your Subscription to renew by mistake), please inform Us as soon as possible and do not attempt to access any Paid Content. Provided you have not accessed any Paid Content since the start date (or renewal date, as appropriate) of the Subscription We will be able to cancel the Subscription and issue a full refund. If you have accessed any Paid Content once the Subscription has started, We will not be able to offer any refund and you will continue to have access to the Paid Content for the remainder of the Subscription period or up to the renewal or expiry date, as applicable.
If you wish to exercise your right to cancel you may inform Us of your cancellation in writing by email. Cancellation by email or by post is effective from the date on which you send Us your message.
Email: cancellations@mspdarkweb.com
In each case, you are required to provide Us with your name, address, email address, telephone number, and Subscription ID.
We may ask you why you have chosen to cancel and may use any answers you provide to improve Our content and services, however please note that you are under no obligation to provide any details if you do not wish to do so.
Refunds will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.
Refunds will be made using the same payment method that you used when purchasing your Subscription unless you specifically request that We make a refund using a different method provide we consider it reasonable to do so bearing in mind any money laundering policy issued by our payment provider, and any regulation or law that is in force within the jurisdiction of English law.
You may end the Contract at any time if We have informed you of a forthcoming change to your Subscription or the Paid Content or after introducing any new Terms of Sale that you do not wish to accept. If the change is set to take effect or apply to you before the end of your current Subscription, We will issue you with a pro-rated refund equal to the remaining time left in that Subscription. If the change will not take effect or apply to you until the expiry of your current Subscription, the Contract will end at the end of that Subscription period and you will continue to have access to the Paid Content until that date.
If We have suspended availability of the Paid Content for more than 7 days or We have informed you that We are going to suspend availability for more than 7 days you may end the Contract. If you end the Contract for this reason, We will issue you with a partial refund.
If availability of the Paid Content will be significantly delayed because of events outside of Our control, you may end the Contract immediately. See below concerning Force Majeure for more information. If you end the Contract for this reason, We will issue you with a refund.
If We inform you of an error in the price or description of your Subscription or the Paid Content and you wish to end the Contract as a result, you may end it immediately. If you end the Contract for this reason, We will issue you with a partial refund.
You also have a legal right to end the Contract at any time if We are in breach of it. You may also be entitled to a full or partial refund and compensation.
If you wish to exercise your right to cancel you may inform Us of your cancellation in writing by email. Cancellation by email or by post is effective from the date on which you send Us your message.
Email: cancellations@mspdarkweb.com
In each case, you are required to provide Us with your name, address, email address, telephone number, and Subscription ID.
We may ask you why you have chosen to cancel and may use any answers you provide to improve Our content and services, however please note that you are under no obligation to provide any details if you do not wish to.
Refunds will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.
Refunds will be made using the same payment method that you used when purchasing your Subscription unless you specifically request that We make a refund using a different method provide we consider it reasonable to do so bearing in mind any money laundering policy issued by our payment provider, and any regulation or law that is in force within the jurisdiction of English law.
We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us. This specifically includes any third party accessing or using our Paid Content.
We expressly disclaim any and all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose and non-infringement of third party rights with respect to all Paid Content, our website and all contents thereof, including but not limited to any accompanying supporting materials, or other materials which shall include any calculated aspects of the website or anything whatsoever received from Us and/or any of our affiliates, suppliers, agents, resellers, dealers, distributors, employees, contractors or representatives.
You expressly acknowledge and accept that Our website, Paid Content and of associated software may contain technical inaccuracies or typographical errors.
Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be 100% of the then current monthly Subscription amount paid by you under the Contract.
Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or subcontractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by English law.
You agree to indemnify and defend and hold Us harmless, a term which shall include our employees, officers, contractors, investors, directors, agents, licensors and affiliates from any and all claims, losses, liability, costs and expenses of any kind, including legal fees arising from any of your own or your customers use of Our Paid Content, in any jurisdiction including without limitation all claims relating to loss or confidentiality of data; any violation by you or your clients of any warranty, representation or covenant under this Contract including but not limited to any infringement of any third parties rights, which shall include without limitation, infringement of any copyright, violation of any proprietary right and invasion of privacy rights and the use and/or misuse of your Subscription by you or any third party using your passwords or usernames. These obligations will survive any termination of your Contract with Us in perpetuity.
We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. These instances are known as Force Majeure events. Such causes include, but are not limited to: power failure, internet service provider failure, hosting centre provision failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, criminal acts (threatened or actual, including but not limited to cyber-attacks), acts of terrorism (threatened or actual, including but not limited to cyber-attacks), acts of war (declared, undeclared, threatened, actual or preparations for war including but not limited to cyber-attacks), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
If any event described occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
We will inform you as soon as is reasonably possible;
We will take all reasonable steps to minimise the delay;
To the extent that We cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Paid Content as necessary;
If the event outside of Our control continues for more than 10 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible.
If you wish to exercise your right to cancel you may inform Us of your cancellation in writing by email. Cancellation by email or by post is effective from the date on which you send Us your message.
Email: cancellations@mspdarkweb.com
In each case, you are required to provide Us with your name, address, email address, telephone number, and Subscription ID.
Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 7 days and in any event within 14 days of the date on which the Contract is cancelled and will be made using the same payment method that you used when ordering your Subscription unless you specifically request that We make a refund using a different method provide we consider it reasonable to do so bearing in mind any money laundering policy issued by our payment provider, and any regulation or law that is in force within the jurisdiction of English law and the availability of processing capabilities.
If you wish to contact Us with general questions or on matters affecting Paid Content, Your Subscription or to enquire about a cancellation, you may contact Us by email at subscriptions@mspdarkweb.com, or by post to our registered offices.
We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
If you wish to give Us feedback on any aspect of your dealings with Us, please contact Us at feedback@mspdarkweb.com
All personal data that We may use will be collected, processed, and held in accordance with the provisions of UK Data Protection Legislation and your rights thereunder.
For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy https://mspdarkweb.com/privacy-policy/
We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission, which we reserve the absolute right to withhold.
The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Subscription, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.
These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be absolutely and irrevocably be governed by, and construed in accordance with English law.
Any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
For the avoidance of doubt You accept entire responsibility for abiding by the laws of the jurisdiction or jurisdictions where you and your clients operate and explicitly agree that we have no obligation to you, your clients or any governmental agency that may operate in or supervise these jurisdictions.
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