BerCert.com B.E.R. Assessor Terms of Service

This is a legal agreement between you, the potential user of this website ("you") and BerCert.com, and where applicable, BerCert.com's principals. Your use of this website ("Site") or any of the products and services offered on this Site (collectively, the "Services") is conditioned on your acceptance without modification of these Terms of Service ("Terms"). Please read these Terms carefully. If you do not agree to these Terms, you should not use the Site or Services. BerCert.com may at its sole discretion modify these Terms at any time and such modifications will be effective immediately upon being posted on this Site. The most current version of these Terms can be accessed through the "Terms of Service" link at the bottom of the Site. You agree to review these Terms periodically, and your continued use of the Site and Services after the posting of modifications constitutes your affirmative agreement to abide and be bound by the Terms, as modified.

Changes to the Site.

BerCert.com reserves the right to modify or discontinue any of the Services and material displayed on or offered through the Site, with or without notice to you, and is not obligated to support or update the Site or Services.

Eligibility.

Use of the Site and Services is for Building Energy Rating Assessors in Ireland. Use by non Assessors is prohibited. You shall comply with all applicable local and national laws, statutes, ordinances and regulations regarding the use of the Site and Services. You represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You must be a resident of Ireland, at least 18 years of age and have Internet access and a valid e-mail address to register for the Site and Services. Full use of the Site and Services may require you to provide a valid credit card.

Registration, Credit Card Information and Account Rules.

To register, you must provide your name, address, and e-mail address. Full use of the Site and Services may require credit card authorization information for a credit card acceptable to BerCert.com, which is processed through Paypal.com. BerCert.com does not collect credit card data and does not process credit card transactions. Any billing issues are the responsibility of Paypal. You authorize Paypal.com to place a subscription charge to your credit card when you provide your credit card information to Paypal.com for use of this site. In addition, you agree to comply with the following terms:

You shall maintain your account with up-to-date information and hereby certify that all information supplied by you is true and correct;
You shall be responsible for maintaining the confidentiality and security of your account;
You are entirely responsible for all data you upload and other activities that occur through your account;
You shall immediately report any unauthorized use of your account to BerCert.com, as well as any other breach of security;
You shall not share your password with any other person; and
You shall not assign, sell or transfer your account to any other person.

Data Server.

Upon successfully registering, your account will be activated and you may use this site. All members data and their respective clients' data is stored on a third party server at hostek.com. You acknowledge that, by uploading data, files or client information to your account, you accept the risk involved in hosting data on a third party server. BerCert.com makes no guarantee for the security of it's members data, which is stored at hostek.com. If you are not satisfied with the hosting practices of hostek.com, you may not use this site.

Fees and Charges.

BerCert.com reserves the right to establish and charge recurring monthly fees for the Services and to change its fees and charges at any time for any reason. You agree that as a condition of your use of the Site and Services, you authorize BerCert.com or its agents (Paypal.com) to charge your credit card for any reasonable fees or charges you incur in the use of the Site or Services. You hereby acknowledge and consent to the right of BerCert.com to offset any fee’s due by you against any monies held on behalf of you.

Cancellation.

BerCert.com reserves the right to terminate or suspend your access to the Services or Site, with or without cause, at any time and effective immediately. Reasons BerCert.com may terminate or suspend your account shall include, but are not limited to, the violation of any of these Terms or failure to pay for Services. You may cancel your BerCert.com account at anytime, and cancellation will be effective immediately. You acknowledge, however, that cancellation will result in your forfeiture of access to any data which is stored on the site. To cancel your account, contact Paypal.com. Upon cancellation or termination, you shall remain liable for all charges and fees incurred by you. BerCert.com reserves the right to charge you €15 per month for use of this site, following a free trial period (if offered).

Software Available on the Site

All software that is made available on the Site is the copyrighted work of BerCert.com and is licensed, not sold. Your use of any such software is governed by these terms and conditions. You understand and agree that any material or data, including but not limited to downloaded software, required or automated updates, modification, reinstallations, or software otherwise obtained through the use of the Site is done at your own discretion and risk and that you will be solely responsible for any damages or loss of data to your computer system or portable devices that may result from any such material. Your license to use the software terminates upon the termination of your access to the Site or Services. Your license to the software may also terminate if BerCert.com, in its sole discretion, modifies the Site or Services to no longer support the software.

Disclaimers of Warranties.

THIS SITE, ITS CONTENTS, AND ANY SOFTWARE, PRODUCTS, AND SERVICES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. BerCert.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE, ITS CONTENTS, OR SUCH SOFTWARE PRODUCTS AND SERVICES, AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS SITE, ITS CONTENT OR ANY LINKS, ANY SOFTWARE, TOOLS, TIPS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS SITE. IN ADDITION, BerCert.COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

Limitations on Liability.

IN NO EVENT SHALL BerCert.COM, ANY OFFICER, AFFILIATE, DIRECTOR, SHAREHOLDER, AGENT, PRINCIPAL, CONTRACTOR OR EMPLOYEE OF BerCert.COM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS), ARISING OUT OF OR IN CONNECTION WITH: THIS SITE; ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THIS SITE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THIS SITE; ANY LINK PROVIDED ON THIS SITE; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT BerCert.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE. YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE AND THE SERVICES PROVIDED BY YOU. YOU ALSO HEREBY AGREE TO INDEMNIFY THE PROPRIETORS OF BERCERT.COM AGAINST ANY THIRD PARTY CLAIMS MADE AGAINST YOU OR THE PROPRIETORS OF BERCERT.COM AS A RESULTS OF ALL AND ANY ACTIONS, REPRESENTATIONS AND/OR OMISSIONS ALLEGED AGAINST YOU.

User Disputes.

You are solely responsible for your interactions with other BerCert.com users. BerCert.com reserves the right, but has no obligation, to monitor disputes between you and other users.

Electronic Signature and Contracts.

YOU ACKNOWLEDGE THAT BY SUCCESSFULLY REGISTERING AND AGREEING TO THESE TERMS AND CONDITIONS BY SELECTING 'YES' TO THE QUESTION 'I HAVE READ AND AGREE TO THE TERMS AND CONDITIONS' ON THE REGISTRATION PAGE CONSTITUTES YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS AND APPLICATIONS.

Governing Law.

The laws of the Republic of Ireland, excluding its conflicts of law rules, govern these Terms and your use of the Site and Services. Your use of the Site and Services may also be subject to other local or international/european laws. You expressly agree that exclusive jurisdiction for any claim or dispute with BerCert.com relating in any way to your use of the Site or Services resides in the courts of the Republic of Ireland.

Notices.

BerCert.com may send you notice with respect to the Site or Services by sending an e-mail message to the email address as provided in your initial registration.