SuperCo Terms of Service
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES
How our Service Works
Backswood Limited t/a SuperCo (“we”, “us” and “our”) has created, owns, and manages online, a website www.superco.io (“Site”) and certain applications on the Site or mobile devices (“App” or “Apps”) and related support and hosting services, for our Development As A Service solutions to Shopify stores.
Using our App, a customer (“you” or “your’) creates a ticket for a software development task attaching description links and screenshots of the required work. Once the task is adequately described you submit a task known as a ticket (“Ticket”). Within minutes a qualified developer starts working on your Ticket giving you complete transparency throughout using screenshots to record the developers work for you as scoped by the Ticket(s) (collectively, the “Service” or “Services”).
Your use of the Service and/or your registration with us constitutes your agreement to these Terms of Service. In the event that you are agreeing to this Terms of Service on behalf of a third party entity, you represent and warrant that you have sufficient right to bind such third party to these Terms of Service, in which case, all references to “you” in these Terms of Service shall be references to such third party.
These Terms of Service are subject to change at any time, without prior notice. Any changes that are made to these Terms of Service will not apply retroactively and will not apply to disputes or events occurring before the change is published. You are responsible for reviewing these Terms of Service on a regular basis. These Terms of Service apply to all visitors and all who access our Site or Services.
You confirm that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18 years of age, then please do not use our Site or our Service.
By connecting to us with a third-party service (e.g., Shopify, Facebook or Twitter or LinkedIn), you give us permission to access and use your information from that service as permitted by that third-party service, and to store your login credentials for that third-party service.
You may access certain online features of the Services through your account (your “Account”). You may log into your Account using a unique username and password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You are solely responsible for any activities or actions taken under your username, whether or not you have authorised such activities or actions. You agree that the information that you provide to us upon registration of your Account, and at all other times (“Customer Data”) will be true, accurate, current and complete, and you further agree that you will maintain and promptly update the Customer Data to ensure that it remains true, accurate, current and complete.
By registering for and/or using our Services, you agree to be contacted via email, SMS and/or text messaging by us, including push notifications, and by third parties if relevant, regarding our Services, our Site and requests to rate our Site and/or Apps.
Pricing and Payment
If you purchase our Services, you will be required to submit payment information to do so. Current pricing of Services is set forth on our Site and may vary from time to time.
To process payments for our Services, we use a third-party payment processor. You may be required to agree to such third-party payment provider’s terms and conditions before paying for our Services.
Prices are subject to change without notice. You will provide us with accurate and complete billing information including legal name, address, telephone number, and credit card or debit card billing information (as applicable). If such information is false or fraudulent, we reserve the right to terminate your use of the Services and your access to the Site in addition to seeking any other legal remedies available to us. We are not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by us. Each charge will be considered valid unless disputed by you in writing within thirty (30) days after the billing date. No adjustments will be made for disputed charges made more than thirty (30) days after the billing date. All fees will be paid in US dollars and are due as set forth on the Site.
We take a USD60 deposit before we start work on your Ticket. If you opt to cancel your Ticket, the deposit is non-refundable
Our prices are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties as applicable in your territory.
Acceptance of Services
When resolving Tickets, we work test version and require you to test new features within one working day of completion and feed back any deficiencies in the Services provided within this time (together with sufficient information for us to be able to resolve these).
If we have not heard from you within 24 hours, the Services are deemed accepted.
“Intellectual Property Rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trade marks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how), trade secrets and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.
You guarantee that all elements of text, images or other materials you provide to us as part of our provision of the Services are either owned by you or that you have permission to use them. When you provide text, images or other materials to us, you agree to fully indemnify us from any claim by a third party that we’re using their intellectual property.
In connection with the Services, we may create code, images, photos, videos, or other material specifically for you (“Developed Content”).
Once you have paid us in full you’ll own the Developed Content in so far as we can assign it to you. Until payment is received, we will own the Developed Content and we grant you an exclusive licence to use Developed Content.
We’ll own any intellectual property rights we’ve developed prior to or outside of the Services.
Linking to our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Site in any website that is not owned by you.
Our Services must not be framed on any other website, nor may you create a link to any part of our Site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our Services other than that set out above, please contact firstname.lastname@example.org
Viruses, Bugs and Unacceptable Content
We do not guarantee that our Services will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Services or enable the Developed Content. You should use your own virus protection software.
You must not use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation; any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers; any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person; any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination on the basis of someone's race, religion, age, gender, disability or sexuality; any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; material that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose us, the Services or its users to any harm or liability of any type.
Responsibility for Loss or Damage
We exclude all implied conditions, warranties, representations or other terms that may apply to our Services or any Developed Content.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our Services any Developed Content; or use of or reliance on any work product provided by our Services (including Developed Content).
We will not be liable for:
i. loss of profits, sales, business, or revenue;
ii. business interruption;
iii. loss of anticipated savings;
iv. loss of business opportunity, goodwill or reputation; or
v. any indirect or consequential loss or damage.
Our liability to you is limited to 50% of any fees paid to us within a 12 month period before a claim.
A FEW FINAL POINTS TO NOTE
“SUPERCO” is a trade mark of Backswood Limited. You are not permitted to use it without our approval, unless we have given our
specific written approval.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms.
If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this section shall not affect the validity and enforceability of the rest of these terms.
These terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
This is a contract between us, and only you and us can enforce its terms.