AGREEMENT BETWEEN CUSTOMER AND DTSEARCH UK
This Website is offered to you, the customer by dtSearch UK, a trading name of Electronart Design Ltd registered in England & Wales CRN: 01796515 with registered office at Unit 27 Shaftesbury Centre, 85 Barlby Road, London W10 6BN, United Kingdom.
You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this Website in accordance with all our Terms & Conditions. You agree to be financially responsible for all of your use of this Website (as well as for use of your account by others, including without limitation minors (under 18 years old) living with you).
Acceptance of Terms
When you access this site, you acknowledge that you have read and agree to abide by the terms described below. If you do not agree to the terms, you are not authorised to use this Website.
The offering of products for sale at this Website constitutes an "invitation to treat". We cannot and will not be held responsible for pricing or technical errors or omissions.
Links to third party Websites
This Website may contain hyperlinks to Websites operated by third parties. These links are provided for your reference only. dtSearch UK does not control such Websites and is not responsible for their contents. dtSearch UK's inclusion of hyperlinks to third party Websites does not imply any endorsement of the material on those Websites or any association with their operators.
Software available from this Website
Any software that is made available to download from this Website is the copyrighted work of the respective publishers or suppliers. Your use of the software is governed by the terms of the license agreement, which accompanies or is included with the software. You may not install, copy or use any software unless you first agree to the license agreement terms.
By ordering software from dtSearch UK you (and your customer if applicable) are agreeing to comply with the End User Licence Agreement (EULA), or if applicable any other formal software agreement entered into with dtSearch Corp or dtSearch UK, of the product(s) that you are purchasing and installing.
All software, including HTML, Active X controls and other script contained on this Website, is owned by dtSearch UK and/or its suppliers and is protected by copyright laws and international treaty provisions. You may only make copies of the software for backup or archival purposes. Any other reproduction or redistribution of the software is expressly prohibited by law. You may not reverse engineer, decompile or disassemble the software, except and only to the extent that such activity is expressly permitted by law notwithstanding this limitation.
You acknowledge that the software and any accompanying documentation and/or technical information is subject to applicable export control laws and regulations of the U.S.A and United Kingdom. You agree not to export or re-export the software, directly or indirectly, to any countries that are subject to U.S.A. or United Kingdom export restrictions.
dtSearch UK attempts to provide accurate information on this Website, however, it assumes no responsibility for accuracy. Material on this site is provided "as is" and dtSearch UK disclaims all warranty of any kind, either express or implied. This includes but is not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
All goods supplied by dtSearch UK are covered by their respective manufactures warranties.
Limitation of Liability
dtSearch UK is not liable for any direct, indirect, special, incidental or consequential damages arising out of the use, or the inability to use, the material on this site. This includes but is not limited to loss of data or loss of profit, even if dtSearch UK was advised of the possibility of such damages.
VAT is payable on all orders for delivery within the EU. All prices on this Website are subject to change without notice.
Delivery shall be at the Customer's premises or, if different, the place specified in the Customer's order.
Electronic Software Delivery (ESD). When you order your software we will acknowledge your order by e-mail and advise you when we will electronically deliver the software key (s) /serial number (s), and a link to software files and other documentation. Delivery is deemed to be made when we have sent the e-mail or received an e-mail delivery receipt from a third-party delivery service (e.g. hightail.com, Digital River). You are not obliged to download the software from the link we provide, and may use the serial number(s) in copies of earlier versions you may have purchased or in evaluation versions of the software that you may have downloaded. You may use the serial number(s) on up to the purchased number of licensed users or servers.
Dates and times quoted by dtSearch UK are estimates only and any delay in meeting delivery dates shall not give rise to a right to cancel the order or to claim damages. The Customer shall note any claim for short delivery and/or damage to components or packaging on the delivery schedule at the time of delivery and shall confirm such claims in writing to dtSearch UK within 3 days from the date of delivery. All goods are deemed delivered and completed if such notice is not received within such period. dtSearch UK reserves the right to make part deliveries.
Following delivery, we normally send a VAT Invoice to you by email within 2 working days.
Online orders are processed several times a day in batches, typically if you place your order during a working day (Mon - Fri 9 - 5pm) you should receive an email from us within 4 hours of placing your order. If you make an error in your order you should notify us immediately so that we can intercept the process and prevent delivery if possible.
Payment and Customer accounts
Any EU based bona-fide limited company, PLC, government department or similar organisation, that has been established for two years or more will normally be treated as an approved account holder of dtSearch UK. However, dtSearch UK reserves the right to carry out credit checks at any time and to refuse or withdraw account facilites.
If the Customer is not an approved account holder of dtSearch UK all invoices are payable before delivery of the goods or immediately following submission of a pro forma invoice from dtSearch UK whichever is the earlier.
If the Customer is an approved account customer all invoices are payable net within 30 days of the date of invoice. Time is of the essence with regard to payment of any sums due to dtSearch UK. The Customer shall not be entitled to withhold payment of any amount due or be entitled to any right of set-off to dtSearch UK in respect of any claim for damage to goods or any alleged breach of contract by dtSearch UK.
dtSearch UK reserves the right to require the Customer to pay for goods in advance and to recharge or refuse discount if the Customer fails to maintain credit account arrangements satisfactory to dtSearch UK.
Without prejudice to dtSearch UK's other rights* if the Customer fails to pay any amount on the due date:
- dtSearch UK shall have the right to cancel any contract made with the Customer and/or to suspend deliveries, support or promotional services;
- dtSearch UK reserves the right to charge interest on a daily basis on overdue amounts at the rate of 4% above the Bank of Englands base rate until payment;
- The Customer shall indemnify dtSearch UK and keep it indemnified in respect of all costs (including legal fees) reasonably incurred in attempting to recover such overdue amounts;
- The whole of the balance then outstanding to dtSearch UK by the Customer on any account whatsoever shall become immediately due and payable.
- Credit Card payment on overdue amounts will be subject to an 8% processing fee.
*EU business customers
The Late Payment of Commercial Debts Regulations 2013 came into force on 16th March 2013 to replace earlier laws. It incorporates the features of European Directive 2011/7/EU on late payment in commercial transactions. If you are a business customer in the EU we will apply the interest and debt recovery costs in accordance with the above UK legislation.
Returns and Refunds
If you are a consumer (i.e. you are not buying in connection with a business) from 13 June 2014 the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply. You may cancel your order for any reason within 14 days of receipt of your goods. We will refund the cost of the goods within 14 days of cancellation, providing we are in receipt of the returned goods. You will be responsible for payment of the cost of returning goods and are advised to return them by recorded delivery.
For digital downloads the right to cancel under the regulations will be lost if delivery is made before the end of the 14 day period with your express consent and acknowledgement that the right to cancel would be lost.
dtSearch UK 30-day Satisfaction Guarantee.
In addition to your statutory rights, in the unlikely event that you are dissatisfied with your purchases, you may return them to us within 30-days of Invoice date for a full refund or replacement, unused and with original packaging if possible. All registration cards must be included.
You must contact us in writing before returning goods for any reason by post, fax or e-mail to sales @ dtsearch.co.uk, by Fax to +44 (0)20 7900 6021 or to Customer Service, Unit 27 Shaftesbury Centre, 85 Barlby Road, London W10 6BN. You can also contact us by telephone 0845 299 7307 Mon- Fri 10am - 6 pm. (Voicemail operates 24 hours a day 7 days a week.) but you must confirm your request in writing as above. We will refund your money within 30 days of receipt of the goods*. If you have paid by credit card this will be refunded on your card, if you have paid by cheque we will pay your refund by cheque. Goods should be addressed to our office as shown at the bottom of this page.
Ownership and Risk
Ownership of goods remains with dtSearch UK until payment has been received in full. Risk on the goods passes to the customer upon delivery of the goods. All physical deliveries require a signature. dtSearch UK shall be entitled to assume that any person signing a delivery note in respect of the goods on behalf of the Customer appearing or claiming to have authority to accept delivery on behalf of the Customer shall in fact have the authority.
All dtSearch products include one year of technical support and software updates, subject to the terms included in the licenses here http://www.dtsearch.com/license.htm
End User products
Additional years of support from dtSearch UK can be purchased, including an upgrade to later version at any time directly or via our resellers: www.dtsearch.co.uk/buy/resellers.aspx
Support is limited to assisting with install issues.
Obtaining Technical Support and Software Updates from dtSearch UK:
dtSearch UK will provide support and software updates on request for dtSearch Corp products or add-on products from dtSearch UK provided that the product is within the support period and that you have purchased directly from dtSearch UK or from one of our Resellers or the dtSearch.com website.
If you have purchased via a reseller or outside the UK please register your purchase here:/dtsupport/contact.aspx
Technical support from dtSearch UK is via email only to a single point of contact associated with each license and subject to the limitations of the EULA or your signed agreement with dtSearch Corp.
When technical support is needed, please use the Contact Form in the first instance so that we can track your enquiry. Always supply the product name and version (e.g. dtSearch Desktop 7.91) and where possible supply the serial number or license number if known.
We will normally respond the same working day (Monday to Friday 10-7 GMT/BST). If we cannot respond to your enquiry we will automatically forward it to dtSearch Corp as a priority (Please allow for the difference in working day due to USA time zones).
If at any time you feel you have cause to complain about our goods or services, we would be pleased to hear from you, please contact us in writing by post, fax or e-mail to customer-service @ electronart.co.uk or write to Customer Service, Unit 27 Shaftesbury Centre, 85 Barlby Road, London W10 6BN
We will acknowledge your complaint within 5 days and inform you of the expected time required to resolve the complaint.
Your complaint will be dealt with speedily and efficiently, and we will inform you of the steps we intend to take to remedy the situation and where necessary to adapt procedures to ensure that the problem does not occur again.
Changes to content
dtSearch UK may change the information on this Website, or the products mentioned, at any time without notice.
Modifications of these Terms & Conditions
Jurisdiction and Choice of Law
This agreement is governed by the laws of England and Wales. You hereby consent to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms & Conditions, including without limitation this paragraph.
The Terms of this contract do not affect your statutory rights as a consumer.
Last Updated: 18 Aug 2018.