Terms of Use

Welcome to the ‘Terms of Service’ for our Web-based Business Planner Toolkit and where applicable the associated CRM management applications for the ‘Adviser’ and ‘Enterprise’ editions (hereinafter ‘Services’). The software is owned wholly by ‘Profitoptimiser Enterprises Ltd’. This agreement constitutes an agreement between you (the ‘Subscriber’) including all employees of your company and ‘Profitoptimiser Enterprises Ltd’ governing your use of the software. By using and/or creating an account, you (‘Subscriber’) agree to be bound by and comply with the terms and conditions contained herein. Definitions ‘Services’ means all products, goods or services Profitoptimiser Enterprises Ltd may provide including the Web-based online software applications delivered as a software as a service on a Free or Paid subscription and any associated technical support, consultancy, training or other professional services supplied ‘Agreement’ means these Terms of Service ‘Subscriber’ means the individual that has executed this agreement to use the Services ‘We’, ‘Us’, ‘Our’, ‘Profitoptimiser’ means Profitoptimiser Enterprises Ltd whose registered number is 6364635 and whose registered address is at Unit 3, Lancashire Digital Technology Centre, Bancroft Road, Burnley, Lancashire, BB102TP ‘You’, ‘Your’ means you, the person using our products, Services or visiting our Website ‘User’ means the individuals for whom a subscription has been ordered and who are authorised by you to access and use the Service ‘Website’ means www.my.profitoptimiser.co.uk or www.profitoptimiser.com or such other website on which we may make the services available ‘Software’ means all human readable, machine operable and all other forms of the software which comprise the Services and incorporating all forms of any modifications made to it by Profitoptimiser from time to time 1 Agreement 1.1 The Services are owned wholly by Profitoptimiser Enterprises Ltd. 1.2 This agreement constitutes a contract between the Subscriber, including all employees at the subscribing company and Profitoptimiser Enterprises Ltd governing the use of the Services. 1.3 By entering into this Subscription Agreement you agree to be legally bound by these Terms of Service. 1.4 By using the Services the subscriber agrees to be bound by the Terms of Service 1.5 The Subscriber agrees to use the Services at their own risk 1.6 This agreement supersedes any prior agreements between the Subscriber and Profitoptimiser Ltd including, but not limited to any previous versions of this agreement. 1.7 Violation of any of the terms in this Agreement may result in the suspension and/or termination of the Subscriber’s account. 2 Term of Agreement 2.1 You must be a human. Accounts registered by program, for example but not limited to ‘bots, spiders and crawlers, operating as an agent for or simulating human activity or any other automated methods are not permitted. 2.2 This Agreement shall enter into force upon acceptance by the Subscriber of these Terms of Service through execution of the Agreement online during subscription sign-up. 2.3 This Agreement shall continue until cancelled or terminated by either party. 2.4 This Agreement shall inure to the benefit of, and be binding upon, any successor to all or substantially all of the business and assets of each party, whether by merger, sale of assets, or other agreements or operation of law. Except as identified in this Agreement, the Subscriber shall not assign this Agreement or any right or interest under this Agreement, without Profitoptimiser Enterprises Ltd’s prior written consent. 2.5 Subject to the terms and conditions of this Subscription Agreement and in consideration of the subscribers payment of the charges, Profitoptimiser Enterprises Ltd hereby grants to the subscriber, the non-exclusive, non-transferable, limited term right to access and use the Services solely for the Subscriber’s own internal business operations. 2.6 The Subscriber may use the Services during the Subscription Term provided the Subscriber has paid the Subscription Fees, which are non-refundable. The Subscriber may allow the Subscriber’s agents and contractors to use the Services for the Subscribers internal business operations and the Subscriber is responsible for their compliance with this Agreement in such use. 2.7 Profitoptimiser Enterprises Ltd may at any time audit the number of Permitted Users using the Services 2.8 In the event Profitoptimiser Enterprises Ltd, receives any information or notice that any Content uploaded, stored, transmitted or otherwise distributed by the subscriber violates these Terms of Service or infringes any copyright, trademark, or patent, or is alleged to infringe any copyright, trademark, or patent, Profitoptimiser Enterprises Ltd reserves the right to immediately remove the Content without notice to the subscriber and without any obligation to investigate an allegation of infringement. Profitoptimiser Enterprises Ltd further reserves the right in its sole and unfettered discretion to remove for any reason whatsoever and at any time, any Content uploaded, stored, transmitted or otherwise distributed by a User, without prior notice to User. 2.9 Profitoptimiser Enterprises Ltd reserves the right to refuse access to the Services to anyone for any reason at any time. 3. Amendments 3.1 Profitoptimiser Enterprises Ltd reserves the right to modify or revise this Agreement without notice. Any new features that increase or enhance the current Services, including the release of new tools or resources shall be subject to this Agreement. The Subscribers’ continued use of the Services after any changes shall constitute the Subscriber’s agreement to be bound by such modifications or revisions. 4. Modifications to Services and Pricing 4.1 Profitoptimiser Enterprises Ltd reserves the right to implement new versions and upgrades of the Services, including but not limited to, changes that effect modifications to the design, operational method, technical specifications, systems and other functions of the Services in anyway whatsoever. 4.2 Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the web-site or the Services itself. 4.3 Profitoptimiser Enterprises shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service 5. Privacy 5.1 Profitoptimiser Enterprises Ltd are serious about your privacy, therefore the Privacy Policy is hereby incorporated into these terms by reference. Please read the Privacy Policy carefully for information relating to Profitoptimiser Enterprises Ltd’s collection, use and disclosure of your personal information. 6. Free Viability Assessment 6.1 If you sign up for the ‘Free Viability Assessment’ account we will make the Service available to you on such a basis (that is, non-paid for access) until the earlier of either: a. The commencement of and subsequent termination date of any upgrade to a ‘Paid For’ Service b. An inactivity period of greater than 90 days in the absence of a ’Paid For’ Service Whereupon the ‘Free Viability Assessment’ account may be terminated in accordance with the section 11 7. Subscriber obligations 7.1 The Subscriber undertakes to provide accurate and current information regarding the Subscriber’s contact information, billing information and credit/debit card information where applicable and promptly inform Profitoptimiser Enterprises Ltd if this information should change. 7.2 The Subscriber is aware and acknowledges that the Subscriber’s access to the internet cannot be guaranteed and Profitoptimiser Enterprises Ltd shall never be liable for deficiencies in the Subscriber’s own internet connections or equipment. 7.3 The Subscriber shall be solely responsible for maintaining the security of its Services account login information. If you have reason to believe that your account is no longer secure (e.g.in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify Profitoptimiser Enterprises Ltd. Profitoptimiser Enterprises Ltd shall not, under any circumstances, be held responsible or liable for any loss or damage from the subscriber’s failure to comply with this security requirement. 7.4 The Subscriber shall be responsible for all activities and content of the information conducted through the Services under its account and shall ensure compliance with national laws. All content uploaded to, transferred through, publically posted, processed or entered into the Services by the Subscriber shall be the sole responsibility of the Subscriber. 7.5 The Subscriber shall not, nor shall it permit or assist others to: a. Abuse or fraudulently use the Services and to indemnify and hold Profitoptimiser Enterprises Ltd harmless against all losses, costs and expenses which Profitoptimiser Enterprises Ltd may incur as a result of such unlawful activities. b. Use the Services for any illegal or unauthorised purpose c. Process or permit to be processed the data of any third party that is not expressly authorised herein to access and use the Services. d. Reproduce, duplicate, copy, reuse, modify, resell, reverse-engineer, decompile, disassemble, reverse engineer, create a derivative work from, or otherwise attempt to derive the source codes of any part of the Services without the express written permission by Profitoptimiser Enterprises Ltd e. Access or attempt to, alter, or destroy any information of any customer of Profitoptimiser Enterprises Ltd by any fraudulent means or device f. Upload, store, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Profitoptimiser Enterprises Ltd g. Hack or intentionally harm or overload the Site or Services h. Transmit any worms or viruses or any code of a destructive nature i. Modify another website so as to falsely imply that it is associated with the Services j. Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other subscribers of the Services k. Defame, harass, abuse, threaten or defraud other Subscribers of the Services or collect, or attempt to collect, personal information about Subscribers or third parties without their consent l. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services or Subscriber Content, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services or Subscriber Content n. Use any robot, spider, scraper, or other automated means to access the Services for any purpose or bypass any measures Profitoptimiser Enterprises Ltd may use to prevent or restrict access to the Services o. Interfere with or disrupt the Services or servers or networks connected to the Services Violation of any of the foregoing may result in immediate termination of this Agreement and Subscriber’s account with the Services. 6.6 The Subscriber undertakes not to rent, lease, timeshare or provide subscription services for the Services or permit others to do so without the express written permission by Profitoptimiser Enterprises Ltd 6.7 The Subscriber agrees that they have not relied on the future availability of any functionality or software updates in the Services when entering into the Agreement. 8. Fees and Payment Terms 8.1 A valid credit/debit card is required for paying accounts. 8.2 All fees and prices stated are exclusive of all taxes, levies, or duties imposed by taxing authorities which may be applicable and will be added to the Fees at the rate prevailing at the date of invoicing. 8.3 Payment is due in advance at the start of each invoicing cycle and is non-refundable. There will be no refunds or credits for: a. Partial periods of Service b. Dormant, suspended or terminated accounts c. Upgrade/downgrades d. Unused periods for an open account 8.4 Each invoicing cycle, the subscriber agrees that Profitoptimiser Enterprises Ltd shall take payment of the Charges, using the credit, debit or charge card or direct debit account details supplied by the Subscriber. 8.5 If any such payment is not successful, Profitoptimiser Enterprises Ltd reserves the right to suspend or possibly terminate the subscriber’s account access to the Services 8.6 The Subscriber may upgrade an account at any time whereupon the invoicing cycle will be coterminous with the Subscriber’s pre-existing account. Any agreed amendment to the subscription fee will be affective at the accounts next invoicing date. 8.7 An upgrade from the Free ‘Viability Assessment’ to any ‘Paid For’ Services terminates your free trial and as such your provided card will be charged immediately after upgrading. 9. Warranties 9.1 The Services are provided on an ‘As Is’ and ‘As Available’ basis. 9.2 Profitoptimiser Enterprises Ltd will adopt all reasonable efforts in order to ensure that the Services are available for the subscription term, and the functionality will not be materially decreased during the subscription term. 9.3 Profitoptimiser Enterprises Ltd does not warrant that: a. The services will be uninterrupted, timely, secure or error-free. b. The results that may be obtained from the user of the Services will be accurate or reliable c. The Services will meet the Subscriber’s particular requirements d. Any errors in the Service or Documentation will be corrected To the extent permitted by law, these warranties are exclusive and all other warranties or conditions or terms whether express or implied are expressly excluded, including warranties or conditions of merchantability, satisfactory quality, and fitness for a particular purpose. The Subscriber assumes all responsibility for determining whether the Services or the information generated thereby is accurate or sufficient for Subscriber’s purposes. 10 Limitation of Liability 10.1 Profitoptimiser Enterprises Ltd’s liability: a. for personal injury or death caused by the negligence b. for fraud or fraudulent misrepresentation or any other fraudulent act or omission c. for breach of any obligations implied by section 2 of the Supply of Goods and Service Act 1982 d. or for any other liability which may not lawfully be excluded or limited is excluded or limited by this Agreement, even if any other term of this Agreement would otherwise suggest that this might be the case. 10.2 You expressly understand and agree that Profitoptimiser Enterprises Ltd, it’s directors, employees and agents shall not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages, including but not limited to, damages for loss of profits or anticipated savings, loss of revenue, data, or data use, goodwill, or other intangible losses (even if Profitoptimiser Enterprises Ltd has been advised of the possibility of such damages), resulting from but not limited to: a. The use or the inability to use the Services b. The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service c. Unauthorised access to or alteration of your transmissions or data d. Statements or conduct of any third party on the Services e. Personal injury or damage, of any nature whatsoever, resulting from access to and use of the Services f. Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through Services g. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services h. or any other matter relating to the Services 10.3 You understand and acknowledge that when using the Services you may be exposed to content from a variety of sources and that Profitoptimiser Enterprises Ltd, is not responsible for the accuracy, usefulness or intellectual property rights of or relating to such content. Some of this content may be inaccurate, offensive, indecent or objectionable, and you agree to waive any legal or equitable rights or remedies you have or may have against Profitoptimiser Enterprises Ltd, with respect thereto. Profitoptimiser Enterprises Ltd expressly disclaims any and all liability in connection with content. 10.4 Profitoptiser Enterprises Ltd disclaims any and all liability in connection with or arising from content uploaded, stored, transmitted or otherwise distributed by the subscriber. 10.5 In no event shall Profitoptimiser Enterprises Ltd’s aggregate liability, if any, including liability arising out of contract, negligence, strict liability in tort or warranty, or for any other reason, shall be limited to the actual amount paid by you to Profitoptimiser during the previous twelve (12) months of the Service immediately preceding the claim for such liability. The foregoing limits on liability shall apply to each event or series of connected events. 11.Account Cancelation/Suspension/Termination 11.1 You may cancel your use of the Services and/or terminate your account and this Agreement with or without cause at any time by providing notice to Profitoptimiser Enterprises Ltd ONLY by clicking on the ‘My Account’ link and then following the link to “upgrade/downgrade/cancel my account” Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link. 11.2 If you cancel the Services before the end of your current paid up period, your cancellation will take effect immediately and you will not be charged again. 11.3 Profitoptimiser Enterprises Ltd, in its sole discretion, has the right to suspend or terminate your account for any reason at any time. A termination of the Services will result in the deactivation and/or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account and you may not be granted access to your account or any files or other content contained in your account although residual copies of information and Content may remain in the system. 11.4 Upon cancellation or termination, all of your Content may be immediately deleted from the Service, however an account may continue to exist for a reasonable period of time before such a termination takes effect in order for Profitoptimiser Enterprises Ltd to process the termination. This information cannot be recovered once your account is cancelled or terminated. 11.5 Upon upgrading from the Free ‘Viability Assessment’ to any ‘Paid For’ Services effectively terminates your free trial and as such all of your Content may be immediately deleted from the Service, however an account may continue to exist for a reasonable period of time before such a termination takes effect in order for Profitoptimiser Enterprises Ltd to process the termination. This information cannot be recovered once your account is cancelled or terminated. 12. Intellectual Property Rights 12.1 Profitoptimiser Enterprises Ltd shall retain all ownership and all intellectual property rights and technical solutions to the Services, in the alternative, shall own a sole right to use the same. Such intellectual property rights and technical solutions may only be used by the Subscriber in the manner stated in this agreement. Under no circumstances shall the Subscriber or a third party acquire any intellectual property rights to the Services or technical solutions used in the Services. 12.2 Third party technology that may be appropriate or necessary to use in the Services is licensed to the Subscriber under the terms of any third party technology license agreement and not under the terms of this agreement. 12.3 Profitoptimiser Enterprises does not claim any intellectual property rights in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit, or store in your Account. 13. Right to Monitor 13.1 Profitoptimiser Enterprises Ltd reserves the right, but has no obligation, to monitor and investigate the subscriber’s use of the site and Services in order to determine whether a violation of this agreement has occurred or to comply with any applicable law, regulation legal process or governmental request. In the event Profitoptimiser Enterprises Ltd determines, in its sole discretion, that your use of the Services is in violation of these Terms of Service, Profitptimiser Enterprises Ltd shall have the right without recourse by the Subscriber to immediately terminate the account. 14. Right of Refusal 14.1 Profitoptimiser Enterprises Ltd has the right to accept or decline ‘Free’ and ‘Paid For’ account requests in its sole discretion with no obligation to detail the reasoning behind such decision. 15. Force Majeure 15.1 Neither party shall be liable for failure to perform its obligations under the Agreement if failure results from circumstances beyond the party’s reasonable control control including events such as, but not limited to: strikes, lock-outs and labour disputes (other than by its own work force), acts of God, war; terrorism, riot, civil commotion, malicious damage, compliance with any law or governmental order, regulation or direction, accident, fire, flood, or storm. If either party becomes aware of circumstances of Force Majeure which will give rise or is likely to give rise to failure of the software it will notify the other party forthwith. 16. Assignment 16.1 The Subscriber may not assign this Agreement or give or transfer the Subscription and/or the Services or an interest in them to another individual or entity, without prior written consent from Profitoptimiser Enterprises Ltd, such consent will not be reasonably withheld. 16.2 Profitoptimiser Enterprises Ltd may assign, subcontract or sublet its rights and interest in this Agreement without restriction. Addendum A Terms of Service - Adviser Edition Welcome to the additional ‘Terms of Service’ for our Web-based online ‘Adviser Edition’ administration application. The software is owned wholly by ‘Profitoptimiser Enterprises Ltd’. This agreement constitutes an agreement between you (the ‘Subscriber’) including all employees of your company and ‘Profitoptimiser Enterprises Ltd’ governing your use of the software. By using and/or creating an account, you (‘Subscriber’) agree to be bound by and comply with the terms and conditions contained herein. A Definitions ‘Business Plan Credit’ means a purchased credit to enable the creation of a ‘Candidate’ account in order to start the Business Planning process and the generation of a Business Plan. ‘Candidate’ means an account generated by the Subscriber to be administrated and controlled by the Subscriber in the Adviser Edition CRM application A1 Agreement A1.1 Subscriber generated Candidate accounts are NOT in a Contract with Profitoptimiser Enterprises Ltd, the Subscriber has the solely responsible for their compliance with this Agreement in such use. A1.2 Violation of any of the terms in this Agreement may result in the suspension and/or termination of the Subscriber’s account and any Subscriber generated Candidate accounts. A2 Terms of Agreement A2.1 This addendum is shall enter into force upon acceptance by the Subscriber of these Terms of Service through execution of the Agreement online during subscription sign-up for the Advisor Edition and is in addition to the main Terms of Service in the Agreement. A2.2 This Addendum to the standard Terms of Service shall continue until cancelled or terminated by either party. A2.3 A minimum of one ‘Business Plan Credit’ must be purchased upon creation of your Adviser account and additional Business Plan Credits may be purchased through the Adviser account during the Subscriber’s subscription term A2.4 During the subscription term the Subscriber can create a Candidate account for every ‘Business Plan Credit’ purchased. The Subscriber may allow a Candidate to sign into and use the Candidate account. A2.5 Profitoptimiser Enterprises Ltd reserves the right to refuse access to the Services to the Subscriber and any of the Subscriber’s generated Candidate accounts for any reason at any time. A3 Subscriber obligations A3.1 The Subscriber may allow the created Candidate accounts to use the online Business Plan Services and the Subscriber is responsible for their compliance with this Agreement in such use. A3.2 The Subscriber shall be solely responsible for maintaining the security of any created Candidates account login information. If you have reason to believe that any of your Candidate accounts is no longer secure (e.g.in the event of a loss, theft or unauthorized disclosure or use of the Candidate account ID, password), then you agree to immediately notify Profitoptimiser Enterprises Ltd. Profitoptimiser Enterprises Ltd shall not, under any circumstances, be held responsible or liable for any loss or damage from the Subscriber’s failure to comply with this security requirement. A3.3 The Subscriber shall be solely responsible for all generated Candidate accounts activities and content of the information conducted through the Services under its account and shall ensure compliance with national laws. All content uploaded to, transferred through, publically posted, processed or entered into the Services by the Subscriber’s Candidates shall be the sole responsibility of the Subscriber. A4 Fees and Payment Terms A4.1 If you choose to purchase additional Business Plan Credits during your current subscription term, the payment shall be agreed by Profitoptimiser and a one-off payment will be created to your registered Credit/Debit card. A5 Account Cancelation/Suspension/Termination A5.1 The cancellation or termination of the Subscribers account will result in the deactivation and/or deletion of: a. Your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account and you may not be granted access to your account or any files or other content contained in your account although residual copies of information and Content may remain in the system. b. ALL your generated Candidate accounts or their access to their Accounts, and the forfeiture and relinquishment of all Content in their Accounts and they may not be granted access to their account or any files or other content contained in the account although residual copies of information and Content may remain in the system. A5.2 Upon cancellation or termination, all of your, and ALL of your generated Candidate’s Content may be immediately deleted from the Services, however an account may continue to exist for a reasonable period of time before such a termination takes effect in order for Profitoptimiser Enterprises Ltd to process the termination. This information cannot be recovered once the accounts are cancelled or terminated. Addendum B Terms of Service – Enterprise Edition Welcome to the additional ‘Terms of Service’ for our Web-based online ‘Enterprise Edition’ administration application. The software is owned wholly by ‘Profitoptimiser Enterprises Ltd’. This agreement constitutes an agreement between you (the ‘Subscriber’) including all employees of your company and ‘Profitoptimiser Enterprises Ltd’ governing your use of the software. By using and/or creating an account, you (‘Subscriber’) agree to be bound by and comply with the terms and conditions contained herein. B Definitions ‘Business Plan Credit’ means a purchased credit to enable the creation of a ‘Candidate’ account in order to start the Business Planning process and the generation of a Business Plan. ‘Adviser’ means an account generated by the Subscriber to be allocate a number of Candidate accounts to administer and control in the Enterprise Edition CRM application ‘Candidate’ means an account generated by the Subscriber to be allocated to an Advisor to be administrated and controlled by the Subscriber or an Adviser in the Enterprise Edition CRM application B1 Agreement B1.1 Subscriber generated Adviser and Candidate accounts are NOT in a Contract with Profitoptimiser Enterprises Ltd, the Subscriber has the solely responsible for their compliance with this Agreement in such use. B1.2 Violation of any of the terms in this Agreement may result in the suspension and/or termination of the Subscriber’s account and any Subscriber generated Adviser and Candidate accounts. B2 Terms of Agreement B2.1 This addendum is shall enter into force upon acceptance by the Subscriber of these Terms of Service through execution of the Agreement online during subscription sign-up for the Enterprise Edition and is in addition to the main Terms of Service in the Agreement. B2.2 This Addendum to the standard Terms of Service shall continue until cancelled or terminated by either party. B2.3 A minimum of one ‘Business Plan Credit’ must be purchased upon creation of your Enterprise account and additional Business Plan Credits may be purchased through the Enterprise account during the Subscriber’s subscription term B2.4 During the subscription term the Subscriber can create a candidate account for every ‘Business Plan Credit’ purchased. The Subscriber may allow a candidate to sign into and use the candidate account. B2.5 During the subscription term the Subscriber can create multiple Adviser accounts up to the maximum subscription purchased. The Subscriber may allow an Adviser to sign into and use the Adviser account. B2.6 Profitoptimiser Enterprises Ltd reserves the right to refuse access to the Services to the Subscriber and any of the Subscriber’s generated Adviser and Candidate accounts for any reason at any time. B3 Subscriber obligations B3.1 The Subscriber may allow the created Adviser accounts to use the online Enterprise Edition CRM Services and the Subscriber is responsible for their compliance with this Agreement in such use. B3.2 The Subscriber may allow the created Candidate accounts to use the online Business Plan Services and the Subscriber is responsible for their compliance with this Agreement in such use. B3.3 The Subscriber shall be solely responsible for maintaining the security of any created Adviser and Candidate account login information. If you have reason to believe that any of your Adviser and Candidate accounts is no longer secure (e.g.in the event of a loss, theft or unauthorized disclosure or use of the account ID, password), then you agree to immediately notify Profitoptimiser Enterprises Ltd. Profitoptimiser Enterprises Ltd shall not, under any circumstances, be held responsible or liable for any loss or damage from the Subscriber’s failure to comply with this security requirement. B3.4 The Subscriber shall be solely responsible for all generated Adviser and Candidate accounts activities and content of the information conducted through the Services under its account and shall ensure compliance with national laws. All content uploaded to, transferred through, publically posted, processed or entered into the Services by the Subscriber’s Advisers and Candidates shall be the sole responsibility of the Subscriber. B4 Fees and Payment Terms B4.1 If you choose to purchase additional Business Plan Credits during your current subscription term, the payment shall be agreed by Profitoptimiser and one off payment will be created to your registered Credit/Debit card. B4.2 If you choose to add any additional Advisers during your current subscription term, payment terms for any additional Service shall be agreed with Profitoptimiser and will be set out in a new payment schedule. B5 Account Cancelation/Suspension/Termination B5.1 The cancellation or termination of the Subscribers account will result in the deactivation and/or deletion of: a. Your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account and you may not be granted access to your account or any files or other content contained in your account although residual copies of information and Content may remain in the system. b. ALL your generated Adviser and Candidate accounts or their access to their Accounts, and the forfeiture and relinquishment of all Content in their accounts and they may not be granted access to their accounts or any files or other content contained in the accounts although residual copies of information and Content may remain in the system. B5.2 Upon cancellation or termination, all of your, and ALL of your generated Adviser’s and Candidate’s Content may be immediately deleted from the Services, however an account may continue to exist for a reasonable period of time before such a termination takes effect in order for Profitoptimiser Enterprises Ltd to process the termination. This information cannot be recovered once the accounts are cancelled or terminated.