Terms and Conditions

General disclaimer

Throughout this document, “us”, “our” and “we”, refers to Cafe Software, while “you”, “your” and “customer” refers to you the client. Upon using our products and services, these terms of service will form a contract between Cafe Software and you.

Terms of service

Server Resource Usage
Any account determined to be using excessive resources to such an extent that it impacts upon other users’ accounts may have their accounts suspended. Excess resource usage includes but is not limited to, cpu loads, memory usage, database usage and other server related usage. We will do everything we can to inform you of the high server usage before we take your account offline, however we are under no obligation to do so. Cafe Software will be the sole arbiter of what is deemed excess usage.

Server Availability and Uptime
Cafe Software will endeavour to maintain maximum uptime of its servers and software products, to the best of our ability. However, due to the nature of servers, downtime may occur for a number of reasons such as power failure, hardware/software failure, network failure and forces of nature. As such we do not claim to provide you with a constant service, and will accept no liability for any losses either of traffic, profit or any other loss as a consequence of server downtime.

Your Data
Cafe Software makes no claim of ownership in Your Data. Your Data will never be sold onto a third party. You, not Cafe Software, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use Your Data, and Cafe Software shall not be responsible or liable for your deletion, destruction, damage, loss or failure to store Your Data. In the event this Agreement expires or is terminated (other than by reason of your breach), Cafe Software will maintain Your Data online for 30 days and make it available to you for export to your own systems.

Paid Account Support
All support is handled via the support desk at SUPPORT@ABSOLUTEFORMS.COM. We endeavour to respond to all email within 24 hours.

Acceptable Use Policy
Cafe Software will under no circumstances allow or condone any illegal material or activity originating from our servers, or associated with our servers. Illegal activity includes but is not limited to: spamming copyrighted materials, warez, hacking, phishing, hate sites, child pornography, trademarked items, illegal mp3s or viruses. We reserve the right to determine at our sole discretion what constitutes illegal material. Any accounts discovered to be involved in illegal activity may be immediately terminated without prior notice, and the proper authorities henceforth notified.

Indemnification
You agree to hold harmless and indemnify Cafe Software from any losses, damages, liabilities, costs, judgements, claims and any and all legal fees associated with defending a case resulting from your use of our services.

Terms of Service Alterations
These terms of service are subject to change at any time. By continuing to use our services you agree to accept any changes that are updated here.

Privacy Policy
This privacy policy sets out how Cafe Software uses and protects any information that you give Cafe Software when you use this website.

Cafe Software is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

Cafe Software may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 01/10/11.

What we collect
We may collect the following information:

Name and job title, contact information including email address, demographic information such as postcode, preferences and interests, other information relevant to customer surveys and/or offers

What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

Internal record keeping.

We may use the information to improve our products and services.

We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.

From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:

Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes

If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at SUPPORT@ABSOLUTEFORMS.COM.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please email INFO@ABSOLUTEFORMS.COM.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the above address. We will promptly correct any information found to be incorrect.

Disclaimer of Warranties Cafe Software
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cafe Software MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Cafe Software DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Limitation of Liability IN NO EVENT SHALL Cafe Software BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF MIDPHASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In such areas where this liability does not apply, our liability is limited to the full extent as permitted by law.