Terms & Conditions

1.Interpretation

1.1 In these Conditions: (Buyer) means the person who accepts the quotation of the Seller for the sale of the Goods & Services or whose order for the Goods & Services is accepted by the Seller. (Goods & Services) means stream hosting, dedicated servers, consultancy or other Goods & Services (including any installment) which the Seller is to supply in accordance with the Conditions. (Seller) means Mouse to Mouse Solutions Limited hereafter known as the Company. (Conditions) means the standard terms & conditions of sale set out in this document & (unless the context otherwise requires) includes any special terms & conditions agreed in writing between the Buyer & the Seller. (Contract) means the contract for the purchase & sale of the Goods & Services. (Writing) means letter, facsimile transmission, E Mail or comparable means of communication.

1.2 Any reference in these Conditions to any provision of statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

2. Basis of Sale

2.1 The Seller shall sell & the Buyer shall purchase the Goods & Services in accordance with any written quotation of the Seller which is accepted by the Buyer, or any order of the Buyer which is accepted by the Seller, subject in either case to these Conditions.

2.2 These Conditions shall govern the contract to the exclusion of any other term & conditions subject to which any such quotation is accepted or purported to be accepted or any such order is made purported to be made by the Buyer.

2.3 No variations to these Conditions or special terms shall be binding unless agreed in writing between the Buyer & Seller.

2.4 The Buyer will be responsible for the selection of the Goods & Services & any advice, recommendation or statement given or made by the Seller or its employees or agents to the Buyer or its employees or agents as to the suitability, fitness or any purpose application or use of the Goods & Services is intended for guidance only & is followed or acted upon entirely at the Buyers own risk.

3. Orders

3.1 Orders should be placed through our secure e-commerce facilities.

3.2 The quantity & description of the Goods & Services shall be those set out in the Seller’s quotation (if accepted by the Buyer) or the Buyers order (if accepted by the Seller), but in either case the Goods & Services shall be inclusive of any amendments issued by the Seller prior to date of activation.

3.3 The Buyer shall be responsible to the Seller for ensuring the accuracy of any order submitted by the Buyer.

3.4 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller.

4. Price of Goods and Services

4.1 The price of the Goods & Services shall be the Sellers quoted price on the Sellers website at the time of purchase or, in the case of purchases by means other than by the website, where no price has been quoted (or a quoted price is no longer valid), the price listed in the Sellers published price list current at the date of activation of the order. The price listed will be increased by the charge (if any) made by the Seller for any amendments to Goods & Services issued to date of activation. All prices quoted are valid for 30 days only or until earlier acceptance by the Buyer, after which time they may be altered by the Seller without giving notice to the Buyer.

4.2 The Seller reserves the right, by giving notice to the Buyer at any time before activation, to amend the price of the Goods & Services to reflect any changes in the cost to the Seller which is due to any factor beyond the control of the Seller, any change in activation dates or quantities which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.

4.3 Promotional Offers - Existing streaming accounts will not qualify for any offers contained within a promotion unless specifically published. In addition, downward amendments (reduction in number of allocated listener slots) to existing packages and or campaigns will not qualify under any promotional offers that Mouse to Mouse may offer new customers from time to time. Promotions cannot be utilised in conjunction with any other existing or previous promotions.

4.4 Pay-as-you-go servers - are offered as per the configurations published in our pay-as-you-go section of the M2M website. They cannot be purchased or rented in conjunction with any other M2M streaming promotion. All pay-as-you-go servers have a validity of 4 months from date of rental. Any bandwidth not utilised at the end of the validity period cannot be carried over. In order to continue using a pay-as-you-go server, a top-up payment is required to extend the validity period by a further five months - and also to purchase additional bandwidth.

4.5 Port 80 Proxy streaming - is offered as an add-on service to existing streaming servers. Port 80 proxy listen links should not be advertised or promoted as the primary listen link for any server rented from Mouse to Mouse - but as an alternative listening option only. M2M reserves the right to withdraw Port 80 functionality for any server should this option be published or utilised as the main or sole listen URL or link for any such station in order to safeguard the stability of our streaming network.

5. Terms of Payment & Refunds

5.1 Subject to any special terms agreed in Writing between the Buyer & the Seller, the Buyer shall pay the price of the invoice by return (unless by special arrangement with the company). The time of payment of the price shall be of essence of the Contract. Receipts for payment will be issued.

5.2 In the case of payments made via e-commerce, refunds will only be made to the credit or debit card on which payment was originally made, and only after written agreement has been made between both the Buyer and the Seller.

5.3 If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to: cancel the contract or suspend any further deliveries to the Buyer; appropriate any payment made by the Buyer to such of the Goods & Services (or the Goods & Services supplied under any other contract between the Buyer & the Seller) as the Seller may think fit); & charge the Buyer interest (both before & after any judgment) on the amount unpaid, at the rate of two per cent per annum above LIBOR from time to time, until payment in full is made (a part of a month being is treated as a full month for the purpose of calculating interest).

5.4 Most of the software available from Mouse to Mouse Solutions Ltd is marketed as shareware. M2M offers a fully-functional evaluation/download version of it's software for potential users to try before you buy on a fourteen-day (14-day) free trial basis. M2M encourages and appreciates users trying our products before placing an order.

If you have not tested M2M’s free evaluation versions , please do so before you place an order to make sure that the product you are ordering is what you want.

When a user purchases the registered version of software from M2M, we assume that the purchaser is satisfied with the software’s features and functionalities. However, for a limited period following the purchase of our software, a Licensee may qualify for a refund of monies actually paid to M2M minus banking administration fees for the product, subject to strict compliance with M2M’s Refund Policy.

If you determine, within the period of time described below, that the software does not work as expected, you should contact us to request a refund (in which case you must satisfy the terms of M2M’s Refund Policy).

M2M will refund that portion of the purchase price for its software paid to M2M by Licensee minus banking administration fees, if Licensee notifies M2M in writing of the refund request within fifteen (12) days of the date that M2M receives the first payment from or on behalf of Licensee in connection with the Software and so long as Licensee satisfies all other terms of M2M’s Refund Policy. Upon payment of any refund by M2M, you agree to discontinue using the Software and to fully comply with all of M2M’s policies regarding the software for which payment was refunded.

After M2M receives your request for a refund, we will request that the software publishers (Spacialaudio LLC) send you a pdf form of Affidavit of Software Destruction and Discontinued Use. To receive a refund, you must print, complete, sign and return the Affidavit of Software Destruction and Discontinued Use within fifteen (12) days of the date that M2M received the first payment from or on behalf of Licensee in connection with the software. You must also destroy all copies of the software you may have made and remove all copies of the software you may have stored or saved. You must also uninstall the software from any computers owned or controlled by you where the software was installed.

If your timely request for a refund is received and you properly return the signed Affidavit of Software Destruction and Discontinued Use, M2M will notify you via e-mail message of its authorization to issue you a refund of the amount you paid for the software, less shipping and handling charges, which will not be refunded.

Once you have returned the Affidavit to M2M, all licenses you may have to use the software for which a refund is claimed will be immediately terminated and any further use of the software will be an infringement of Spacialaudio LLC’s copyrights as well as its other intellectual property rights.

If a purchaser fails to strictly comply with M2M’s refund policy, the refund request will be denied. Pursuant to the terms of its License for use of the software, M2M is authorized by Licensee to notify any paying agent that any such refund request should be denied and M2M's determination on any requested refund will be final.

M2M reserves the right to refuse any refund request. All refunds for downloaded software must be preauthorized by M2M. All refund requests that are not received within the time period set forth in this Refund Policy will be considered untimely and will be automatically rejected.

6. Delivery

6.1 Orders will be processed as detailed in the Product Specification. Any times and or dates quoted for activation or delivery of the Goods & Services are approximate only & the Seller shall not be liable for any delay in the activation or delivery of the Goods & Services howsoever caused. Time for activation and or delivery shall not be of the essence unless previously agreed by the Seller in Writing.

6.2 Where the Goods & Services are to be delivered in installments each delivery shall constitute a separate contract & failure by the Seller to deliver any one or more of the installments in accordance with these Conditions or any claim by the Buyer in respect of any one or more installments shall not entitle the Buyer to treat the Contract as a whole as repudiated.

7. Risk and Property

7.1 Risk of damage to or loss of the Goods & Services shall pass to the Buyer upon actual delivery.

7.2 Notwithstanding delivery & the passing of risk in the Goods & Services, or any other provision of the Conditions, the property in the Goods & Services shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods & Services.

7.3 Until such time as the property in the Goods & Services passes to the Buyer, the Buyer shall hold the Goods & Services as the Sellers fiduciary agent & bailiff, & shall keep the Goods & Services properly stored, protected & insured & identified as the Sellers property

7.4 Until such time that the property in the Goods & Services passes to the Buyer the Seller shall be entitled at any time to require the Buyer to deliver up the Goods & Services to the Seller & if the Buyer fails to do so forthwith, to enter upon the premises of the Buyer or any third party where the Goods & Services are stored & repossess the Goods & Services.

8. Restrictions on Use

8.1 We utilise scanning technology to ensure that customers stream at or below their maximum contracted bitrate. server's assigned bitrate may be liable for suspension 24 hours or cancellation in the case of persistent abuse. Mouse to Mouse will reactivate servers before this time period should the client comply to their contracted product specifications that any client commits to via purchase are considered against the acceptable use policy and will be treated as such.

8.2 The Buyer acknowledges that the copyright & all other intellectual property rights in the Goods & Services are & will remain the property of the Seller. The Buyer warrants that it will take all necessary measures to protect the valuable intellectual property of the Seller. The Buyer may not re-sell, loan or part with possession of the Goods & Services or any part of them & may not copy or reproduce in any form the Goods & Services unless expressly agreed.

8.3 The Buyer is precluded from selling, licensing or in any way parting with possession of any resulting product without the consent in writing of the Seller which if granted will be on terms including royalty.

9. Warrant and Liabilities

9.1 If the Buyer encounters any inaccuracy or ambiguity in a Goods & Services, the Buyer will notify the Seller without delay. Free supply of any such amendments shall constitute the full extent of the Buyer’s rights & the Sellers liability for any such inaccuracy or ambiguity.

9.2 Whilst all reasonable care is taken in the preparation & review of Training courses & materials, the Seller does not warrant that the content of the Goods & Services is accurate or up to date or that the Goods & Services are suitable for the Buyer’s purposes.

9.3 Subject as expressly provided in these Conditions & the fullest extent permitted by law all warranties conditions & other terms & duties implied by statute or common law are excluded:

9.4 The Buyer is responsible for ensuring that it obtains & uses the latest amendments or additions to Goods & Services; where a Goods & Services is incorporated into or referred to in a contract between the Buyer & a third party that the Goods & Services is correctly applied under that contract.

9.5 The Buyer acknowledges that a Goods & Services does not purport to include all the necessary provisions of a contract with a third party & that compliance with a Goods & Services does not of itself confer immunity from legal obligations.

9.6 The Seller shall have no liability with regard to the content or the use of any Goods & Services which is not published under the authority of the Seller. On request the Seller will assign to the Buyer the benefit of any warranty given by the publisher to the Seller.

10. General

10.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principle place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

10.2 No wavier by the Seller or any breach of the Contract by the Buyer shall be considered as a wavier of any subsequent breach of the same or any other provision.

10.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part of the validity of the provisions of these Conditions & the remainder of the provision in question shall not be affected hereby.

10.4 The Contract shall be governed by the laws of England & Wales and the parties submit to exclusive jurisdiction of the Courts of England.

10.5 Mouse to Mouse Solutions Ltd shall not be liable for the retention of detailed customer records or usage patterns after a contract has expired, defaulted or been cancelled. All customer records pertaining to the above described accounts will be deleted from our records within 48 hours of closure.

Customers found streaming over or above their contracted for a period up to bitrate. Please note that any breaches against the contracted

11. Security

No credit or debit card details are stored once your order has been processed. This is why you can save your favourite delivery address but need to enter your card details each time you order.

We recommend that you always close down your Internet browser when you have finished shopping online, especially if you use a shared PC. This will delete temporary Internet cookies from any sites that you may have visited.

Privacy Policy

Contact Us

If you have any comments or queries in connection with our privacy policy, please Email us admin@mouse-mouse.co.uk

Use Of Your Information

When you register and use this site:

You will be asked to provide certain information such as your contact details. We will store this data and hold it on computers or otherwise. We will use this data to fulfil our agreement with you.
2. We may use information that you provide or that is obtained by us:

(a) To register you with our web site and to administer our web site services;

(b) for assessment and analysis (e.g. market, customer and product analysis) to enable us to review, develop and improve the services which we offer and to enable us to provide you and other customers with relevant information through our marketing programme. We may use your information to make decisions about you using computerised technology, for example automatically selecting products or services which we think will interest you from the information we have. We may keep you informed of such products and services (including special offers, discounts, offers, competitions and so on by any of the following methods:

email

telephone (including automated calls)

SMS text message and other electronic messages such as picture messaging

post

fax

or otherwise (including products and services of other companies and organisations) which we consider may be of interest to you.

(c) To administer any prize draws or competitions you may enter.

3. We may supplement the information that you provide to us with information that we receive from third parties.

Fraud Prevention

4. In order to protect our customers and us from fraud and theft, we may pass on information that we obtain from making identity checks and other information in our customer records, including how you conduct your account, to other Group companies, other retailers and to financial and other organisations (including law enforcement agencies) involved in fraud prevention and detection, to use in the same way.

Disclosure of Your Information

5. We may give information about you to the following, who may use it for the same purposes as set out above:

(a) to other companies in the Group;

(b) to employees and agents of the Group to administer any accounts, products and services provided to you by the Group now or in the future;

(c) agents who (on our behalf) profile your data so that we may tailor the goods/services we offer to your specific needs;

(d) to other organisations for the administration of prize draws or competitions.

(e) to anyone to whom we transfer or may transfer our rights and duties under our agreement with you;

(f) if we have a duty to do so or if the law allows us to do so.

Cookies

7. New technologies are emerging on the Internet that help us to deliver customised visitor experiences. In particular, there is a technology called "cookies" which may be used by us to provide you with, for example, customised information from our web site. A cookie is an element of data that a web site can send to your browser, which may then store it on your system. Cookies allow us to understand who has seen which pages and advertisements, to determine how frequently particular pages are visited and to determine the most popular areas of our web site. Depending on the type of cookie we use, cookies also allow us to make our web site more user friendly, for example, permanent cookies allow us to save your password so that you do not have to re-enter it every time you visit our web site.

If you wish, you can usually adjust your browser so that your computer does not accept cookies. If you do this, you will still be able to browse around the site but the functions that allow you to add items to your trolley, set up a new account or access an existing account will not be available. Alternatively you can adjust your browser to tell you when a website tries to put a cookie on your computer. How you adjust your browser to stop it accepting cookies or to notify you of them, will depend on the type of internet browser programme your computer uses. If your computer uses Microsoft Internet Explorer or Netscape Navigator, you will need to follow these instructions after clicking onto this link

www.allaboutcookies.org ("M2M" is not responsible for the content of external websites. This link will open a new window.) Go to the heading "Manage Cookies". Click onto the option you prefer, either stopping cookies being installed, or notifying you of them. From the list provided, click onto the programme which your computer uses. If this is not shown on the list, click on the "help" heading on the bar at the top of this page, search for information on "cookies" - an explanation of how to delete cookies will appear, then follow these instructions.

8. Please remember, cookies do not contain confidential information such as your home address, telephone number or credit card details. We do not exchange cookies with any third party websites or external data suppliers.

9. Your browser also generates other information, including which language the site is displayed in, and your Internet Protocol address ("IP address"). An IP address is a set of numbers which is assigned to your computer during a browsing session whenever you log on to the Internet via your internet service provider or your network (if you access the Internet from, for example, a computer at work). Your IP address is automatically logged by our servers and used to collect traffic data about visitors to our web sites. We do not use your IP address to identify you personally.

10. We only keep cookies for the duration of your visit to our website, except where you save your login name as referred to above.