Breaches of Terms and Resolution Procedures Policy

Version 4 . Created 24 October 2012,UID 1210241640

This Policy

1.    This policy forms part of the Service Provision and/or Use of Service Agreement (SPUSA) and should be read within the context of, as part of, integral to and influenced by this agreement.

2.    We reserve the right, at our discretion, to modify or remove portions of this policy at any time. This policy is in addition to any other terms and conditions stated within the SPUSA Agreement. We do not make or infer any representations about third party web sites or parties that may be linked to the web site other than those clearly stated within the Agreement.

Commencing an Investigation

1.    Complaints and concerns should be sent by email to admin@thearnoldcollection.com

2.    We reserve the right to decide whether a breach of Agreement terms has occurred and, to the extent the law allows, our decision will be final.

3.    In circumstances where we detect a breach of terms, we reserve the right to act without showing due cause or disclosing investigation findings where proprietary knowledge needs to be protected. We retain full discretion in this concern within the legal limits of our jurisdiction.

Closure or Suspension of Accounts

1.    If directed to close or suspend an account immediately by a law enforcement agency or relevant government authority we will do so.

2.    We reserve the right to suspend or terminate any account without notice and block any user if we deem the circumstances require it.

Restrictions of Service and/or Additional Charges

1.    We reserve the right to restrict service levels or charge additional without notice if we deem circumstances require it.

2.    We reserve the right to charge for the resolution of problems caused by the actions or inaction of third parties or our client’s action or inaction. A client’s knowledge of the third party’s actions is not required for the provisions of this item to come into effect. Our support services do not include fee-free resolution of problems caused by others. Labour costs for such ‘problem fixing’ will be charged at the full Specialist Labour Rate plus a 30% “Drop Everything Surcharge” if it applies.

3.    We will inform you as soon as the cause becomes clear, where such a cause would result in you being billed. We are not required to explain the problem and its cause beyond a reasonable time frame and via a reasonable effort (as determined by us). If you are having trouble understanding how you (or a third party so authorised or allowed by you) has caused the problem, you may elect to have us re-explain it to one other party nominated by you, however the same reasonable time period and effort limitations apply. Where this other party charges for their services, this fee is wholly payable by you. While open to other specialist or circumstantial issues and explanations, we reserve the right to make the final judgement on cause and appropriate response.  

4.    Where the problem caused does not reflect on our enterprise’s effectiveness or reputation, you may elect to halt our ‘problem fixing’ process at any time. We reserve the right to charge for pro-rata labour costs to that point.      

5.    Where the problem caused does reflect on our enterprise’s effectiveness or reputation, we reserve the right to complete the problem resolution process and charge you for the cost of this resolution as explained above.      

Liabilities and Indemnities Resulting

1.    We will not be liable for any loss of benefit you might incur if we suspend or terminate your account (if in existence), restrict or block your access, or draw resulting funds from your nominated account a part of our billing process.

2.    You agree to indemnify us against any claim a user or another user might make as a result of any loss of benefit or damages they incur as a result of any breach or resolution process.

Questions

1.    Email questions to admin@thearnoldcollection.com