Privacy Policy, Terms & Conditions
All use of the Qimtek website is subject to the following terms and conditions of use:
Any reference to a linked site or any specific third party product or service by name does not constitute or imply its endorsement by us, and you assume all risk with respect to its use. Under no circumstances shall Qimtek, nor its affiliates, agents, and suppliers, be liable for any damages, including without limitation, direct, indirect, incidental, special, punitive, consequential, or other damages (including without limitation lost profits, lost revenues, or similar economic loss), whether in contract, tort, or otherwise, arising out of the use or inability to use the materials available in this site or any linked site, even if we are advised of the possibility thereof, nor for any claim by a third party except in the case of death or personal injury caused by Qimtek's negligence.
You shall not copy, use, modify, transmit, distribute, reverse engineer, or in anyway exploit copyrighted or proprietary materials available in this site, except as expressly permitted by Qimtek. Exporting, or extracting Qimtek data from this website into other databases is expressly prohibited as is the reselling of Qimtek information. All trademarks, service marks, and trade names in this site are the marks of the respective owner(s), and any unauthorised use thereof is strictly prohibited. Qimtek shall not be liable for any errors, inaccuracies or delays in content, or for any actions taken in reliance thereon. Qimtek expressly disclaims all warranties, expressed or implied, as to the accuracy of any the content provided, or as to the fitness of the information for any purpose.
Copyright Qimtek ©2005 - all rights reserved.
Users may download and print extracts of content from this website for their own personal and non-commercial use only. Republication or redistribution of Qimtek content, including by framing or similar means, is expressly prohibited without the prior written consent of Qimtek.
Privacy Policy / Data Protection Notice
Privacy Policy / Data Protection Notice
Qimtek respects your privacy and seeks to protect your personal data. The following information describes how we gather and use data. The amount of information Qimtek holds on you and how it uses it depends on your relationship with Qimtek and on what service you use, so some of the sections below may not be relevant to you.
What we use your personal information for
Qimtek collects and uses your information to administer, support, improve and obtain feedback on our services and to detect and prevent faults, breaches of our network security, the law or our contract terms. We will also use all this information to assess what Qimtek products and services may be of interest to individuals and to personalise our service and marketing. If you are registered to use a service we may contact you to obtain feedback on that service and any improvements we could make to it.
Further information/marketing
If you submit your details for a free trial or to obtain a sample pack, or if you enter into a contract for supply for either a subscription or single delivery of data with Qimtek, we may contact you about other services to which you do not subscribe but which may interest you. We may for example invite you to join a free trial of a new or existing service. Sometimes we may invite you to client entertainment and similar events. Such contact may be by post, fax, email, and (in certain limited circumstances) by telephone from time to time. You have a right to ask us at any time not to contact you by way of direct marketing. You can do this by contacting webmaster@qimtek.co.uk with the words "personal details" in the subject line. You will then no longer receive invitations for events or free trials.
Personal Information Qimtek collects
The Qimtek collects and updates information about users of its services. It may obtain this information via direct contact with you, from third parties such as your employer or another one of our suppliers and automatically via your use of our services.
Information you/others give us: This information includes your contact details, registration and payment details, support problems, details around participation in events, prize draws or surveys and certain relevant details of your preferences.
Information we collect via our services: If you are a registered user of our services Qimtek also gathers information about your use of our services, such as generic types of data accessed, times and volume of use of the services and Traffic Data. Traffic Data includes logs, details of networks, data and systems accessed, details of the sender and recipients of messages sent over our services, times and location of log on or access, duration of sessions, clickstream and similar usage or system data. Traffic Data may sometimes be traceable to/related to not just companies but named individuals. Before you register with the Qimtek, however, you can browse Qimtek web sites anonymously.
Upon request we provide site visitors with access to all information [including proprietary information] that we maintain about them including unique identifier information (e.g. customer number or password) and contact information (e.g. name, address, phone number). Users can access this information by e-mailing or writing to us. Upon request we offer visitors the ability to have inaccuracies corrected in contact information or unique identifier information.
How we use your information
For each visitor to qimtek.com, our Web server automatically recognizes the user's domain name. We also collect the e-mail addresses of those who communicate with us via e-mail and aggregate information on what pages users access or visit. Information volunteered by the user such as survey information and/or site registrations is also collected. The information we collect is used primarily for internal review and to improve the content of our Web site and service. It is also used to notify users about updates to our service. This information is not shared with other organisations for commercial purposes. If you do not want to receive e-mail from us in the future, please let us know by sending an e-mail to webmaster@qimtek.co.uk.
We do not share or sell our customer list to any third party. If you do receive unwanted email from us all our correspondence offers clear instructions on how to opt out. If you supply us with your postal address on-line or telephone number you may receive periodic mailings or calls from us with information on new products and services or upcoming events. If you do not wish to receive such updates, please let us know by or emailing to webmaster@qimtek.co.uk.
Storage methods and duration
Qimtek may store your information in its databases, such as its Customer Relationship database, for reference. The information may be retained and used by Qimtek for a reasonable period, reflecting our need to answer queries or resolve problems, provide improved and new services and any data retention requirements of the law. This means we may retain information after an individual ceases to use Qimtek services or after the individual has ceased interacting with us. Except where the law, authorities or regulatory bodies require us to retain it for longer, we retain Traffic Data for a reasonable period after the Traffic Data was generated.
Passing your information to others in your own organisation
If your employer subscribed to the service on your behalf then we may pass certain information to your employer about your use of the service where your employer has a legitimate reason to receive it. Similarly if you are the point contact person in your organisation for a service, we may pass your contact details to those in your organisation for this purpose.
Passing your information to third parties
Except where the law permits or unless you specifically agree, the Qimtek does not sell or rent your personal data to others outside Qimtek.
Cookies/Software agents
"Cookies" are pieces of text which may be sent to and recorded on your computer. These cookies enable us to collect information about how our web sites and services are being used and to manage them more efficiently. Until you have registered on Qimtek's web site, the cookie will only track general usage patterns and technical information about your computer type and will not be used to identify you individually. After registration, cookies will be used to collect information on you. You can turn off the ability to receive cookies by adjusting the browser on your computer but you should note that if you do so, this may materially distort the quality of service and data you receive. You therefore do this at your own risk. We use cookies, but not to collect your personal information. Cookies are used as a site security method to stop abuse of our subscriber service.
E-Newsletter
Qimtek offers the opportunity for you to receive an e-newsletter by email. You can at any time choose to stop receiving this e-newsletter by following the instructions on the newsletter or by emailing webmaster@qimtek.co.uk.
Interception of mail
Qimtek may intercept email addressed to individuals within Qimtek. The reasons we do this are related to security of Qimtek, its staff and others, for detection and prevention of crime and to identify correct recipients or to make sure mail is dealt with during staff absence. We may reject, delay or remove content from emails which have a nature, content or attachments which may disrupt our systems or because they may pose security issues such as viruses. We may also filter out emails which contain certain content on the basis that content is offensive or the email is unwanted or spam. In certain circumstances this may unfortunately result in "innocent" emails being affected but we do try and reduce such occurrences.
Security
Qimtek has developed strict policies governing information technology. These cover areas such as access control, authentication, audit, monitoring, alarms, data storage and back up and transmission standards and environment integrity. We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site.
Qimtek
Qimtek means Qimtek Limited and subsidiaries or corporate entities as they exist from time to time and in which Qimtek has a direct or indirect ownership interest of 50% or more.
Questions
If you have any questions about Qimtek privacy/data protection policy or the use of data in a particular service, you should contact: webmaster@qimtek.co.uk. The law allows you to write and ask to see and correct the information held about you, although this many require payment of a reasonable fee.
Advertising Specifications and Terms and Conditions
Introduction
Qimtek Online is entitled in its absolute discretion to reject or exclude an advertisement submitted or previously accepted to run on the website.
Customer’s Obligations
The Customer shall at all times:
• Co-operate with Qimtek to enable Qimtek to provide the Services; and
• Obtain all necessary permissions and consents which may be required before the commencement of the Services.
Licence
The Customer hereby grants Qimtek a world-wide, non-exclusive, royalty-free licence to reproduce and display any information provided by the Customer to Qimtek for the purpose of providing the Services in accordance with this Agreement.
Customer’s Warranties
The Customer warrants that:
• It has the right to publish all of the information it provides to Qimtek and can grant Qimtek such right to publish the information on the Site; and
• The information provided to Qimtek for publication is original material belonging to the Customer; and
• Qimtek’s use, reproduction, distribution, or transmission of information provided by the Customer to Qimtek on the Site will not and does not infringe any third party rights; and
• The information does not contain material that includes false advertisements, unfair competition, defamatory material, invasions of privacy or rights of celebrity, or violations of any anti-discrimination law or regulation; and
• The provision of the Services by Qimtek, using the information provided by the Customer, will not infringe any third party rights.
Intellectual Property Rights
All intellectual property rights in the information created or written by or on behalf of the Customer shall be and will remain the absolute property of the Customer.
Neither party will gain by virtue of this Agreement any rights of ownership of or in any copyright, patents, trade secrets, trade marks or other intellectual property or proprietary rights owned by the other.
Limitation of Liability
This provision sets out Qimtek’s entire liability to the Customer and all other liability of Qimtek to the Customer is hereby excluded.
In no event shall Qimtek be liable to the Customer whether in contract, tort, by statute or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage arising out of or in connection with the provision of the Services, including without limitation: loss of revenue, loss of anticipated savings, loss of business and/or goods, loss of goodwill, loss of use, loss and/or corruption of data and/or other information. For the avoidance of doubt, neither the types of loss and/or damage specified above nor any similar types of loss and/or damage shall constitute direct loss for the purposes of this Agreement.
Nothing shall exclude or restrict Qimtek’s liability for fraudulent misrepresentation and/or for death or personal injury (including but not limited to sickness and death) to the extent that such injury results from the negligence or wilful default of Qimtek, its servants, agents or subcontractors.
Qimtek’s aggregate liability in respect of claims based on events in any calendar year arising out of or in connection with this Agreement or any collateral contract, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed 125% of the total fees payable by the Customer to Qimtek under this Agreement in that calendar year.
Indemnity
The Customer shall keep Qimtek indemnified in full against all direct, indirect or consequential liabilities (all three of which terms include, without limitation, loss of profit, loss of business, depletion of goodwill and like loss), loss, damages, injury, costs and expenses (including legal and other professional fees and expenses) awarded against or incurred or paid by Qimtek as a result of or in connection with the provision of the Services to the Customer under this Agreement.
Dimensions and File Sizes
Banners 468x60 pixels (horizontal "landscape")
120x240 pixels (vertical "portrait")
Skyscrapers 120x600 pixels (vertical "portrait")
Buttons 120x90 pixels
File sizes (approximate)
Gif/Jpeg images 20kb
Flash banners/pop-ups 100kb
Rich media max total of 100Kb
Banners & Skyscrapers
Qimtek hosted:
Static creatives must be supplied with a URL to the advertiser's site for click-throughs.
Flash creatives must have a Qimtek-specified URL added to the click-through.
Creatives for email placements must be static images and Qimtek hosted.
Term and Termination
This Agreement shall come into effect when the Order has been accepted by Qimtek and shall continue for the Term specified in the Acceptance Notice, unless terminated earlier in accordance with this Agreement.
Where no Term is specified either party may terminate this Agreement by giving not less than one months’ prior written notice to the other party.
Without prejudice to any other rights to which it may be entitled, either party may give notice in writing to the other terminating this Agreement with immediate effect if:
• The other party commits any material breach of any of the terms of this Agreement and (if such a breach is remediable) fails to remedy that breach within 15 days of that party being notified of the breach; or
• if an order is made or a resolution is passed for the winding up of the other party or if an order is made for the appointment of an administrator to manage the affairs, business and property of the other party or if a receiver is appointed of any of the other party’s assets or undertaking or if circumstances arise which entitle the Court or a creditor to appoint a receiver or manager or which entitle the Court to make a winding-up order or if the other party takes or suffers any similar or analogous action in consequence of debt.
Payment
Payment shall be made 30 days from the date of invoice
Cancellation
Cancellation deadlines are as follows:
• Two weeks from the start of a banner campaign
• Four weeks from start of a promotion or sponsorship package
• One month for hosting services
General Provisions
The Customer may not assign, sub-license or otherwise transfer any rights or obligations under these Terms and Conditions. Qimtek reserves the right to assign, sub-licence or transfer any obligations under these Terms and Conditions to a third party.
These Terms and Conditions cannot be varied except in writing by Qimtek.
The obligations of each party under these Terms and Conditions shall be suspended during the period and to the extent that that party is prevented or hindered from complying with them by any cause beyond its reasonable control.
If any provision in these Terms and Conditions is found to be invalid or unenforceable by any authority having competent jurisdiction, such invalidity or unenforceability shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
Failure by either party to insist upon strict performance of any provision of these Terms and Conditions, or the failure of either party to exercise any right or remedy to which it is entitled under these Terms and Conditions shall not constitute a waiver of that right or remedy and shall not cause a diminution of the obligations established under these Terms and Conditions.
Any notice required to be given pursuant to these Terms and Conditions shall be sent to the e-mail address of the relevant party set out in the Order or Acceptance Notice or such other e-mail address as either party notifies to the other from time to time. Any notice given according to the above procedure shall be deemed to have been given on the next Business Day.
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
These terms and conditions are exclusively governed by English law and the parties hereby submit to the exclusive jurisdiction of the English courts.