Comp4Sales Website Terms and Conditions
Thank you for using Comp4Sales; the ultimate resource for designing a sales compensation plan.
Please read these Terms and Conditions carefully as they contain important information about your legal rights, remedies and obligations. By accessing and using our Website, you agree to comply with these Terms and Conditions.
Our website is operated by C4S Consultants Ltd (“C4S Consultants”, “Comp4Sales”, “we”, “our” or “us”). We are a limited company registered in England and Wales under company number11322929. Our registered office address is 40 Salisbury Avenue, SM1 2DJ, Cheam, United Kingdom.
ABOUT OUR WEBSITE
Our Website seeks to produce and provide you with articles and bespoke and tailor-made incentives/commission schemes for the entire sales force including setting the right sales targets. By making an Account on our Website and subscribe to one of our Memberships or purchase our Services, you can acquire services or read our Materials which relate to (depending on the Membership/ Service you wish to obtain):
- Sales Compensation Scheme Design;
- Motivation Plan Review
- Current Sales Motivation Scheme Assessment
- Sales Leadership Education
- Changes to Incentives Program Recommendations
- Territory and Target Assignment
- Incentive Scheme Operations
- Communication of Scheme’s changes
- Setting up Incentives Payment Process
CREATING AN ACCOUNT
You have to create an Account (“Comp4Sales Account”) to be able to use certain features of our Website. To create your Comp4Sales Account, you must register into our Website with your name (or username) and an email address (Sign Up). The Sign Up will enable you to have a Member Account. After signing up, you must choose either a Free Membership or a Premium Membership to subscribe on our Website and use our Materials. Each Membership’s prices per month and services provided are outlined at our Website, before and during Sign Up. All Memberships run on a monthly basis. Your Membership will renew automatically. If you choose to have a Free Membership, you can upgrade your Membership to Premium Membership at any time. You can also downgrade your membership provided that your current Membership expires first.
In order to subscribe to a Membership with your Comp4Sales Account, you may be required to provide us with your Bank account details to deduct payments for the Membership you have chosen for your Member Account. Comp4Sales shall in no way be responsible for any incorrect payment. You are responsible for making sure the data provided is correct and accurate for payment processing for your Membership.
You must be at least 18 years old and able to enter into legally binding contracts to access and use our Website or register a Comp4Sales Account. By accessing or using our Website you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
By creating and registering a Comp4Sales Account, you further represent and warrant that your use of our Website shall at all times be in compliance with these Terms and Conditions any and all applicable laws and regulations. By failing to do so, we reserve the right to suspend or immediately delete your account without notice.
You should not register more than one Comp4Sales Account. You may not assign or otherwise transfer your Comp4Sales Account to another person. If you are registering an account on behalf of a company or any other business entity, it is your responsibility to ensure that you undertake all necessary permissions to register a Comp4Sales Account on the behalf of such company or business entity.
You are not permitted to share your Comp4Sales Account with other people. It is important to keep your account password and any device from which you access our Website secure. You are responsible for maintaining the confidentiality and security of your Comp4Sales Account credentials and may not disclose your credentials to any third party. You must immediately notify Comp4Sales if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Comp4Sales Account.
USING OUR WEBSITE
You are responsible for your Comp4Sales Account and for any activity on your Comp4Sales Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials). Depending on your membership, the creation of a Member Account will enable you to access features of our Website and interact with our database and material for advice on compensation plans. To do so, you must comply with the following code of conduct when using our Website:
- You will use and access our Website in accordance with the Terms and Conditions. Any problem concerning a technical issue regarding a Member’s internet service provider is not Comp4Sales’s responsibility.
- You will be solely responsible in assessing the suitability and quality of our Materials for your needs, and verifying the accuracy of any statement made in our Materials and other content on our Website.
- You guarantee that you will access our Website for lawful purposes and you are thus solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to the use of our Website
- You agree to cooperate with and assist us in good faith, and to provide us with such information and take such actions as may be reasonably requested by us with respect to any investigation undertaken regarding the use and possible abuse of our Website.
- You understand that we allow access to our Website on a temporary basis and we reserve the right to withdraw, restrict or change our Website at any time and without notice. We will not be liable if for any reason our Website is unavailable at any time or if the content is changed or out of date.
- You are solely responsible to comply with all laws, rules, regulations, and Tax obligations that may apply to your use of our Website.
- You understand that we grant you a limited, non-exclusive, non-transferable and revocable licence to use our Website subject to the following restrictions:
- You will not violate any laws in connection with your use of our Website or otherwise violate or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms and Conditions. This includes any local, national and international laws that may apply to you.
- You will not use our Website or Materials for any other purposes not expressly permitted by these Terms and Conditions.
- You will not use our Website in a manner that falsely implies an endorsement, partnership or any other sort of affiliation with Comp4Sales, unless we specifically authorise you to do so.
- You are responsible for paying any fees or subscription payments that you owe to Comp4Sales. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Website.
- You will not use our Website in connection with the distribution of unsolicited commercial messages (“spam”).
- You agree not to “crawl,” “scrape,” or “spider” any aspect of our Website or to decipher, decompile, disassemble, reverse engineer or otherwise attempt to obtain the source code of our Website or otherwise take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of our Website.
- You shall not misuse any part of our Website by knowingly introducing any material which is malicious or technologically harmful.
- You must not attempt to gain unauthorised access to our Website, the server on which any of our Website are stored or any server, computer or database connected to our Website.
- You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
- You will not interfere with or try to disrupt our Website, for example by distributing a virus or other harmful computer code.
- You must avoid to bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Comp4Sales or any of Comp4Sales’s providers or any other third party to protect our Website
- Comp4Sales and other marks, phrases, logos and designs that we use in connection with our Website, are trademarks, service marks or trade dress of Comp4Salesin the UK and other countries. You require our express written permission to use our trademarks, service marks or trade dress.
- You must not dilute, tarnish or otherwise harm Comp4Sales in any way, including any unauthorised use of our Website or its derivative terms in domain names, trade names, trademarks or other source identifiers; or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to our Website domains, trademarks, taglines or promotional campaigns.
We may provide you with certain information in writing. By using our Website, you agree that we may provide you information electronically (by email, etc.) instead of mailing you paper copies.
We have no obligation to monitor the access to or use of our Website by any user. Without prejudice to the foregoing, we hereby reserve the right to do so for the following reasons:
- To operate, secure and improve our Website (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes);
- To ensure your compliance with these Terms and Conditions; or
- To comply with all applicable laws or an order or requirement provided by a court of law, law enforcement or other administrative agency or governmental body.
FEES AND PAYMENTS
Comp4Salesmay charge fees to Members upon creation of a Membership (“Membership Fees”) or for acquiring any other Services that we may provide (“Services Fees”). Any applicable Membership Fees (including any applicable Taxes) will be displayed to a Member before and after Sign Up on our Website. Any applicable Service Fees will be displayed on our Website prior to accessing or acquiring such a Service. Comp4Sales reserves the right to change the Membership Fees and Service Fees at any time, and we will provide Members adequate notice of any fee changes before they become effective.
Any and all payment processing services through or in connection with your use of our Website are provided to you by Stripe. Stripe allows and assists our Website to deliver, hold, or receive payment for you to subscribe on a Membership and/or acquire any of the Services we provide. You hereby agree to the use of Stripe for the facilitation of our Website payments, and to holding any payment and billing information for undertaking all payments.
Membership Fees and Service Fees are non-refundable.
THIRD PARTY SERVICES
Our Website may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Comp4Sales is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Comp4Sales of such Third-Party Services.
During use our Website, you may purchase goods and services from third-party merchants. Any such activity, and any disputes, terms, conditions, warranties or representations associated with that activity, is solely between you and the applicable third party. Comp4Sales and its licensors shall have no liability, obligation or responsibility for any purchase or transaction between you and any third-party provider. In no event shall Comp4Sales or its licensor be responsible for any content, products, services or other materials on or available from third-party sites or third-party providers. Certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and Comp4Sales disclaims any and all responsibility or liability arising from such agreements between you and a third party. Comp4Sales cannot guarantee the accuracy or quality of such translations and you are responsible for reviewing and verifying the accuracy of such translations
ACCESSING OUR WEBSITE
Certain functions of our Website, will require an active internet connection. The connection can be Wi-Fi, or provided by a mobile network provider, but Comp4Sales cannot take responsibility for our Website not working at full functionality if you do not have access to an active internet connection. In using our Website, you accept responsibility for any charges incurred for the cost of data for the duration of the connection while accessing our Website, or other third party charges, including roaming data charges.
Due to the nature of the Internet, Comp4Sales cannot guarantee the continuous and uninterrupted availability and accessibility of our Website. Comp4Sales may restrict the availability of our Website or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers; or to carry out maintenance measures that ensure the proper or improved functioning of our Website. Comp4Sales may improve, enhance and modify our Website and introduce new services from time to time.
Our Website may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and no infringement.
UPDATES TO OUR WEBSITE
The requirements for our Website’s systems (and for any additional systems we decide to extend the availability of our Website) may change, or may be subject to maintenance or update our Website. We do not guarantee keeping updated our Website so that it is relevant to your position taken as a Member or that it will always be accessible. However, you agree to accept updates to our Website when offered to you and to any maintenance that we may undertake on our Website. We shall not be held responsible for any disruption of the site arising from such maintenance and/or updates to our Website.
INTELLECTUAL PROPERTY RIGHTS
You understand and acknowledge that the Materials and Services we provide contain original copyrighted work created by us and the security of our Intellectual Property provides security for facilitating our Website. Our Website, Materials and any content that Comp4Sales makes available on or through our Website, including proprietary content and any content licensed or authorized for use by or through Comp4Sales from a third party (“Comp4SalesContent”) is protected by copyright, trademark, and other intellectual property laws of the United Kingdom and other countries. You acknowledge and agree that our Comp4SalesContent, including all associated intellectual property rights, are the exclusive property of Comp4Sales and/or its licensors or authorizing third-parties. As such, you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying our Website, Comp4Sales Content.
All trademarks, service marks, logos, trade names, and any other source identifiers of Comp4Sales used on or in connection with our Website and Comp4Sales Content are trademarks or registered trademarks of Comp4Sales in the United Kingdom and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with our Website and Comp4Sales Content are the property of their respective owners. All such rights are reserved. As such you understand and agree that you will comply with the following:
- You must not use any part of our Website for commercial purposes (i.e. sell our Materials) without a licence from us or our licensors.
- You may not reproduce in any format (including on another website or mobile app) any aspect of our Website (including content, images, designs, look and feel) without our prior written consent.
- You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit our Website or Comp4Sales Content.
- No licenses or rights are granted by implication for any intellectual property rights owned or controlled by Comp4Sales or its licensors, except for the licenses and rights expressly granted in these Terms.
- You must not reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost, or otherwise use any content of our Website for any purpose without our permission.
- You must not attempt to reverse engineer, modify, adapt, translate, prepare derivative works from, decompile, attempt to interfere with the operation of, or otherwise attempt to derive source code from any part of our Website.
- You will not access our Website in order to build a similar service or application, or publish any performance, or any benchmark test or analysis relating to our Website.
We hereby grant you a limited license to access and, if you have created a Comp4Sales Account, use our Website and Comp4Sales Content to seek guidance and advice for advancing your compensation plans. You must not access (or attempt to access) our Website by any means other than the interface provided, and you will not use information from our Website for any purpose other than the purposes for which it is made available.
If, in our opinion, you are in breach of these provisions, your right to use our Website will cease immediately and you must either return or destroy (as required by us) any copies of the materials you have made.
MODIFICATION OF THESE TERMS
Comp4Sales reserves the right to modify these Terms at any time in accordance with this provision.
If we make changes to these Terms, we will post the revised Terms on our Website and update the “Last Updated” date at the top of these Terms.
We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective.
If you disagree with the revised Terms, you ask us to cancel your Comp4Sales Account with immediate effect.
TERMINATION OR SUSPENSION OF COMP4SALES ACCOUNT
You may terminate the effect of these Terms and Conditions at any time by cancelling your Comp4Sales Account via the “Delete Account” feature on our Website. If you cancel your Comp4Sales Account, any paid services will be automatically cancelled.
Without limiting our rights specified below, Comp4Sales may terminate the effect of these Terms and Conditions by cancelling your Comp4Sales Account at any time by giving you thirty (30) days’ prior written notice via email to your registered email address as a result of inactivity. Inactivity will be determined by your last access in your Comp4Sales Account. An inactive Comp4Sales Account will be any Comp4Sales Account that has not been accessed for a period longer than one month.
Comp4Sales may immediately, without notice terminate the effect of these Terms and Conditions at any time by cancelling your Comp4Sales Account if at any time:
- you have materially breached your obligations under these Terms and Conditions;
- you have violated applicable laws, regulations or third party rights,
- when Comp4Sales believes in good faith that such action is reasonably necessary to protect the personal safety or property of Comp4Sales or its Members and/or associated third parties (for example in the case of fraudulent behaviour of a Member),
- you provided us false or misleading information, or
- your actions may cause legal liability for you or other Members or Comp4Sales and/or associated third parties.
In case of non-material breaches and where appropriate, we will give you notice of any intended measure by Comp4Sales and an opportunity to resolve the issue to Comp4Sales’s reasonable satisfaction.
On termination of your Account, you are not entitled to a restoration of your Comp4Sales Account. If your access to or use of our Website has been limited or your Comp4Sales Account has been suspended, you may not register a new Comp4Sales Account or access and use our Website through a Comp4Sales Account of another User.
The clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
Comp4Sales makes no representation or warranty or provide any guarantee whatsoever for any of the following:
- the accuracy, or availability of our Website
- the accuracy or the validity of any content posted on our Website, including, without limitation to, any post, Materials, comments, description, advice, articles or any other form of Comp4Sales Content herein;
- the accuracy or the validity of any statement, advice or message provided by during the provision of any of our Services;
- any act, omission, opinion, response, advice, suggestion, information and/or service for advancing your compensation plans; or any other service in a field requiring licensure and/or certification, which may be accessed through our Website.
- the willingness or ability of any of Comp4Sales to provide any of our Services and features of our Website
- whether you shall find any of our Services, Materials or other Comp4Sales Content useful, satisfactory, accurate, relevant or helpful
- whether our Materials, Services, our Website or other Comp4Sales Content will otherwise be suitable to your needs.
Our Website may include content posted by Comp4Sales only, but may facilitate content authored by third parties. Such content includes the opinion of the writer only and does not represent anything more than the writer’s opinion on the content. We are thus not to be held responsible for any reliance on such content. As noted, Comp4Sales does not warrant the validity, accuracy, or availability of any content or advice provided. We will not be liable for any damages sustained by member due to reliance on any such information or advice.
Information furnished by Comp4Sales is intended for general information purposes only. We hereby disclaim any responsibility for any reliance on such information. In addition, we do not warrant the validity, accuracy, or availability of any information provided and as such, we will not be liable for any damages sustained due to reliance on any such information.
Any consultation, counselling, advice, or any other information gained from via our Website cannot and does not replace a meeting with a professional advisor. Members are encouraged to verify the information furnished by our Website by an accredited professional advisor. Any reliance on such information is at your full and sole risk and liability.
You agree and confirm that you have had whatever opportunity you deem necessary to investigate our Website, our Terms and Conditions and all applicable laws, rules, or regulations and that you are not relying upon any statement of law or fact made by Comp4Sales relating to our Website.
If we choose to conduct identity verification or background checks on any Member to the extent permitted by applicable law, we disclaim all representations or warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
You expressly acknowledge, confirm, agree, and understand that:
- Our Website is merely a Website for users to interact with the Materials we provide;
- We have no liability or obligations under or related to engagement contracts for any acts, doing, service or omissions by you;
- You take full and sole responsibility for any risk and/or decision you make when you acquire any of our Services and/or interacting with our Website.
- We make no representations or warranties about the suitability or quality of our Website, including but not limited to the quality, security, or legality of our Website and/or any Comp4Sales Content. We hereby disclaim any and all liability relating thereto.
You hereby release us of every liability or risk incurred by your end, known and unknown, arising out of or in any way connected with the use of our Website. Our Website is provided without any guarantees, conditions or warranties by us, as to their accuracy or functionality. To the extent permitted by law, we hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any Member in connection with our Website; or in connection with the use, inability to use, or results arising from the use of our Website; any websites linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for: loss arising out of incurrence of health and/or mental health decease and/ injury; loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
You agree to release, defend (at Comp4Sales’s option), indemnify, and hold Comp4Salesand its affiliates and subsidiaries, including but not limited to their officers, directors, employees and agents, harmless 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 breach of these Terms and Conditions and your improper use of our Website
These Terms and Conditions, including all of the other documents that make up the Terms, supersede any other agreement between you and Comp4Sales regarding our Website. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms.
CHANGES TO THE TERMS
We may amend the Terms and Conditions at any time by amending this page or, if we believe the changes are material, we will let you know by i) notifying you via our Website, or ii) sending you an email or messages about the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Engagement Contract following the changes constitutes your acceptance of the updated Terms.
These Terms and Conditions do not and are not intended to confer any rights or remedies upon any person other than the Members as users of our Website.
If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
Comp4Sales’s failure to enforce any right or provision in these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
Except as expressly set forth in these Terms and Conditions, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Comp4Sales’s prior written consent. Comp4Sales may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
Unless specified otherwise, any notices or other communications to Users permitted or required under this Agreement, will be in writing and given by Comp4Salesvia email.
JURISDICTION AND APPLICABLE LAW
We welcome and encourage you to provide feedback, comments and suggestions for improvements to our Website. You may submit such feedback by emailing us, through the “Contact” section of our Website, or by other means of communication. Any feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
If you have any questions about the Terms, please email us at firstname.lastname@example.org.
Last updated: Wednesday 6th March 2019