Terms & Conditions

This is a legal agreement between you and Fresh Design Base, Ltd.. ("FDB", "SitePaD™", and all other associated items); please read it carefully.

Fresh Design Base Ltd. is the proprietor of SitePaD™ and its associated products. By using or accessing this website or any website hosted at www.freshdesignbase.com, www.sitepad.co.uk, (the "Sites"), or by accessing or using any part of the SitePaD™ proprietary mobile software and or file transmission and management services (together with the Sites, the "Service"), you agree to be bound by these Terms of Service and by the Fresh Design Base Privacy Policy, which are collectively referred to as the "Agreement". If you do not agree to these terms then you have no right to access or use the Service. The terms of this Agreement, as modified by Fresh Design Base from time to time in accordance with the next paragraph, will govern all your future use of the Service.

Fresh Design Base may revise these Terms of Service and the Privacy Policy from time to time. Each revision will be marked with a revision date and will be posted on the Sites. Fresh Design Base recommends that you review this page from time to time to note any changes. By continuing to access or use the Service, you agree to be bound by any Terms of Service and Privacy Policy in effect at the time of such access or use. If you do not agree to the modified terms then you must cease using the Service.

Fresh Design Base may modify, suspend, or discontinue, temporarily or permanently, the Service and may remove or delete any User Files (defined below) at any time, in its sole discretion.

Description of the Service

The Service enables users to create, communicate and store simple 'CAD' (Computer Aided Design) – vector based drawing files, picture and text files. Fresh Design Base offers several accounts types, which fall into the following categories: free, personal, and corporate. Free accounts are offered at no charge, usually for a limited time period only. The other account types are subscription services requiring periodic payments (monthly or annually, depending on the account type). A more detailed description of the Service, and the features associated with different account types, can be found at www.sitepad.co.uk.

You acknowledge and agree that Fresh Design Base may establish revised practices and policies concerning use of the Service, including without limitation, the maximum size of the file that a user may store and send through the Service, the maximum number of days that a file will be stored by the Service, the maximum number of times a user may access the Service in a given period of time, and the maximum number of recipients to which a user may send a User File. Notwithstanding the foregoing, the features and limitations in effect when you began your then-current subscription term will remain in effect for the remainder of such subscription term whilst also in compliance with the Fresh Design Base reasonable usage plan.

The only software combination needed to access the Service is a standard Web browser in conjunction with suitable mobile platform and operating system. However, Fresh Design Base may make certain software applications available to users that offer additional ways to access the Service. Such software will be made available by Fresh Design Base under the terms of an end user license agreement, which you should read prior to installing that software.

Accounts

In order to use the Service and create, communication and manage simple 'CAD' files, you must register and create a SitePaD™ account. You may create a SitePaD™ account on the Sign up Page. Once you have created an account, you will be a "Registered User." In creating an account, you agree to provide accurate, current, and complete information.

You are responsible for safeguarding the password that you use to access the Service. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Fresh Design Base of any unauthorized use of your password. You are responsible for keeping your account information current and accurate; Fresh Design Base will have no liability for failure to deliver notices that result from inaccurate account information or otherwise.

Payment

When you register for an account, and at any time thereafter, you can select what term of subscription you prefer and the frequency with which you will pay for it. Fresh Design Base paid accounts are subscription services with recurring credit card charges on a monthly/yearly basis (as selected by you during registration or subsequent configuration). For certain premium accounts, Fresh Design Base may offer the choice of credit card payments or corporate account invoicing. You agree to pay all account charges, and to pay any applicable taxes and other fees that accrue in relation to your use of the Service. For accounts setup on an invoice basis, you agree to pay Fresh Design Base all amounts stated in such invoices within thirty (30) days of receipt. For more information about the subscription services and available payment methods, refer to the www.sitepad.co.uk.

Responsibility for Data

You have sole responsibility for all Files that you create, send and store using SitePaD™ servers through use of the Service. You acknowledge and agree that Fresh Design Base will not be responsible for any failure of the Service to create, send or store files, for the deletion of a files stored on the Service, or for the corruption of or loss of any data, information or content contained in a File.

User Files and Fresh Design Base Copyright Policy

You will not use the service to transmit, route, provide connections to or store any material that infringes any copyrights or otherwise violates or promotes the violation of the intellectual property rights of any third party. Fresh Design Base has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be infringing the rights of copyright holders. Please see the Fresh Design Base Copyright Policy for further information.

Fresh Design Base reserves the right, in its sole discretion, at any time, to remove User Files that it believes to be in violation of this Agreement.

Proprietary Rights

All right, title, and interest in and to the Service is and will remain the exclusive property of Fresh Design Base and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Except as expressly permitted in this Agreement, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Service.

Ownership of User Files

Fresh Design Base does not claim any ownership rights in any User Files that you make available through the Service. However, by making User Files available through the Service, you grant Fresh Design Base the non exclusive, worldwide, transferable right, on a royalty-free basis, with a right to sublicense this right only to third parties assisting Fresh Design Base in providing the Service, to use, copy, distribute and process User Files on the Sites and through the Service on your behalf and on behalf of your customers solely for the purposes of ensuring secure transfer and delivery of such User Files.

Trademarks

SitePaD™, the SitePaD™ logo, and all other Fresh Design Base trademarks, service marks, product names, and trade names of Fresh Design Base appearing on the Service are owned by Fresh Design Base . All other trademarks, service marks, product names, and logos appearing on the Service are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on the Service without the owner’s prior written consent.

Third Party Functionality

Certain features and functionality of the Service are implemented through use of software or technology that is licensed to Fresh Design Base by third parties, and incorporated in the Service.

General Prohibitions

As a condition to your use of the Service, you agree not to:

Upload or transmit any User File: (i) that you do not have the lawful right to copy, transmit, distribute, and display (including any User Files that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Files); (ii) for which you do not have the consent or permission of each identifiable person in the User Files to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Files); (iii) that infringes or misappropriates the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity); (iv) that is false or misleading; (v) that is defamatory; (vi) that is obscene, pornographic, or offensive; (vii) that promotes bigotry, racism, hatred, or harm against any individual or group; or (viii) that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

Access, tamper with, or use any non-public areas of the Service or Fresh Design Base computer systems or the technical delivery systems of Fresh Design Base providers;

Attempt to probe, scan, or test the vulnerability of the Service or any related system or network or breach any security or authentication measures used in connection with the Service and such systems and networks;

Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service;

Harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Service;

Send unsolicited email, junk mail, spam, chain letters, or promotions or advertisements for products or services;

Impersonate or misrepresent your affiliation with any person or entity.

Fresh Design Base will have the right to investigate and prosecute violations of any of the above, including without limitation possible infringement of any intellectual property rights and possible security breaches, to the fullest extent of the law. Fresh Design Base may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that, although Fresh Design Base has no obligation to monitor your access to or use of the Service, it has the right to do so for the purpose of operating the Service, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. Fresh Design Base reserves the right at all times to disclose, in its sole discretion, any User Files as necessary to (a) satisfy any law, regulation, or governmental request or (b) reduce or prevent what Fresh Design Base considers to be, in its sole discretion, a serious or imminent threat to your health or safety, or the health or safety of another.

Links

The Service may contain links to third-party websites. You acknowledge and agree that Fresh Design Base is not responsible or liable for: (i) the availability or accuracy of such websites; or (ii) the content, products, or services on or available from such websites. Links to such websites do not imply any endorsement by Fresh Design Base of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.

Scheduled Maintenance

Fresh Design Base performs system maintenance on a regular basis to ensure high quality of service. Fresh Design Base uses commercially reasonable efforts to ensure that the Service is available for use during this time. Fresh Design Base will use reasonable efforts to perform all maintenance during its pre-scheduled maintenance windows.

Termination

You may cancel a paid account at any time in your account settings on the Sites. For accounts billed annually, if you cancel within fourteen (14) days of the beginning of the annual term, Fresh Design Base will close your account and refund to you 90% of the subscription fees paid for the then-current term. If you cancel an account that is billed on a monthly basis, or you cancel an annual account after the first fourteen (14) days, Fresh Design Base will not refund any fees paid by you. Instead, your account will remain active for the remainder of the term for which you paid and will then be closed.

Fresh Design Base reserves the right to discontinue the Service or to change the Service at any time and without notice, except that Fresh Design Base will provide notice. In the event of such discontinuation by Fresh Design Base , Fresh Design Base will refund any fees paid by you, prorated proportionally to the amount of time remaining in the then-current subscription period. For month-to-month accounts, that period is one month, for annual accounts, that period is one year.

If you breach this Agreement, Fresh Design Base will have the right to terminate this Agreement immediately, without notice, and to deactivate your account. In the event of your breach of this Agreement, Fresh Design Base will not be required to refund any fees paid by you.

Disclaimer of Warranties

The Service is provided "AS-IS," without warranty of any kind, either express or implied. Without limiting the foregoing, Fresh Design Base explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement.

Fresh Design Base makes no warranty that the Service will meet your requirements or will be available on an uninterrupted, secure, or error-free basis. Your use of the Service is at your own risk. You acknowledge and agree that Fresh Design Base will not be responsible for any damages to your computer system or the computer system of any third party that result from use of the Service.

Indemnity

You will defend, indemnify, and hold harmless Fresh Design Base, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, or your violation of this Agreement, including without limitation third party claims that User Files submitted to the Service by you infringe or misappropriate the intellectual property rights, privacy rights, publicity rights, or moral rights of a third party.

Limitation of Liability

In no event will Fresh Design Base be liable to you or to any third party for any incidental, special, consequential or punitive damages arising out of or in connection with this Agreement or from the use of or inability to use the Service or any User Files sent through, stored by or downloaded from the Service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not Fresh Design Base has been informed of the possibility of such damage, even if any limited remedy set forth herein is found to have failed of its essential purpose.

In no event will Fresh Design Base aggregate liability to you or to any third party for any and all claims arising out of or in connection with the use of the Service exceed the lesser of (a) one hundred GBP (£100) and (b) the fees paid to Fresh Design Base by you in the twelve (12) months leading up to the event giving rise to such a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Fresh Design Base and you.

Entire Agreement

This Agreement is the entire and exclusive agreement between Fresh Design Base and you regarding the Service, and this Agreement supersedes and replaces any prior agreements between Fresh Design Base and you regarding the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Fresh Design Base products and or services, affiliate services or third-party content software or services.

General

You will not assign any rights granted to you or delegate any of your duties hereunder; any attempt to do so is void and of no effect. Fresh Design Base may freely assign these Terms of Service and the rights granted hereunder without restriction. Nothing in this Agreement shall constitute a partnership or joint venture between you and Fresh Design Base. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and affect. Fresh Design Base may provide you with notices, including those regarding changes to the Service by email or by postings on the Service. The failure of Fresh Design Base to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. The headings and captions are for convenience only and are not to be used in the interpretation of this Agreement.

If you have any questions about this Agreement, please contact us.