The following text outlines the terms & conditions of service. Please read this document carefully before you subscribe to ecocalc.com or use any other service that is made available on this website.
You should print this document for your records. The time is 11:12 AM and the date is 19-06-2013
ecocalc.com is an eTrend Ltd business.(We, the service provider on this website, may refer to ourselves on this web page by using any of the following names - "ecocalc.com", "ecoCALC", "eTrend" or "eTrend Ltd"). For the purposes of this document, the terms "we", "us" and "our" refers to ecocalc.com
The ecocalc.com account holder is the person or company with overall responsibility for the account. The account operator is the person whose name is registered to the ecocalc.com account. The account holder is deemed to be the account operator where all the registration details pertain to that individual. Otherwise, the account holder is the entity to which some or all of the registration information pertains. For the purposes of this document, the terms "user" and "account user" refer to the "account holder" and the "account operator". For the purposes of this document, the terms "you", "your" and "customer" refer to the ecocalc.com account user.
For the purposes of this document, the term "end user" refers to the person(s) or company on whose behalf the renewable energy system is being evaluated. The customer and the end-user may or may not be the same individual or company. If the end user is not the same person or company as the account holder, then the end user's name must be stipulated in the project set-up process. The account holder and account operator shall be bound by these terms and conditions. The account holder and account operator shall be jointly and severally liable for any breach of these terms and conditions.
Users must have a valid email address registered with us at all times. If an email that we send to you should bounce for some reason, your account may be temporarily suspended until you contact us with a verifiable email address.
Except as expressly provided in this agreement, all of the content on this site is the property of ecocalc.com and is protected by UK and international copyright laws. "Content" means any information, mode of expression, or other material and services found on ecocalc.com. Content is divided into two categories; content that is only accessible after an account user has logged in is "secure content", and the remainder is "free content".
Our free content is intended for individual and personal use only. Accordingly, you may make one copy of our free content for your personal, non-commercial use, provided that any material copied remains intact and includes the following notice: "Copyright 2013 ecocalc.com (eTrend Ltd) All rights reserved" Any other copying, distribution, storing or transmission of any kind, or any sort of commercial use of our content is strictly prohibited without our prior written permission.
Secure content is intended for account holder use only. Secure content may be divulged to an "end user" when the following conditions are met (1) the "end user" name is provided in the appropriate form during the project definition/set-up stage (2) the "end user" clearly indicates to the account holder that he/she has read, understands and accepts the terms and conditions (as laid out in this document).
All users who register before this day (19/06/2013) will be given free access to the "auto" version of sunnyCALC™, electriCALC™ and billCALC™ for a minimum of 2 months from this date. Users may gain access to the "pro" version of sunnyCALC™ as per the price schedule.
Users acknowledge that they understand that sunnyCALC™ and associated services will contain errors due to the following non-exhaustive list of error sources (1) errors, both known and unknown, in ecoPAGES™ database (i.e. weather, demand profile and electrical characteristics of equipment, etc.) (2) assumptions and estimations used to redress known errors in ecoPAGES™ (3) assumptions and estimations used in computation scripts, equations and formula used to manipulate and process ecoPAGES™ data in pursuit of results (4) assumptions and judgments used in the application of research data to the situation in hand. Although ecocalc.com took great care in the creation and testing of SunnyCALC, it cannot and does not guarantee the accuracy of the simulation results. You understand and accept that all data should be evaluated by an informed energy professional before basing important decisions upon it.
Users must not remove or obscure the ecocalc.com logos, etc, or make any alterations to any documents or printouts provided by ecocalc.com. You must not try to conceal the origin of any documents or reports generated by ecocalc.com. All such documents must be accompanied by a copy of these terms and conditions.
sunnyCALC™ is normally made available to customers for a set number of projects (known as sites OR projects OR properties). Each project can have a set number of simulations (known as the quota OR credits) at a set price. Price/site/quota combinations are called 'packages OR subscriptions OR accounts subscriptions OR account levels'. Packages are defined in our price schedule or in this document. Customers cannot switch surplus quota from one site to another site. Customers must use up their quota within 12 months of the subscription date. ecocalc.com may change packages at any time, without prior notice.
If customers experience difficulties that are caused by problems within the control of ecocalc.com or its hosting provider, the normal course of redress will be to reactivate the customer's subscription. ecocalc.com will only reactivate subscriptions in the cases where its records show that the simulation did not complete for reasons within the control of the ecocalc.com or its hosting provider, providing the visitor notifies (as per instruction in the welcome email sent at the time of subscription) ecocalc.com of the problem within 7 days of the subscription.
ecocalc.com will not store the simulation results for a period longer than one month. However, it will store the simulation set-up data for a period of 6 months, or longer by special request.
ecocalc.com will not refund subscriptions in cases other than where the simulation did not complete for reasons within the control of the ecocalc.com or its hosting provider, providing the visitor notifies (as per instruction in the welcome email sent at the time of subscription) ecocalc.com of the problem within 72 hours of the subscription and there is a verifiable reason rendering the reactivation of the simulation valueless to the visitor.
ecocalc.com and the sunnyCALC™ simulators and security use "sessions" and "cookies", and your computer must accept them to use our site.
Users agree to not participate in or contribute to any discussions, forums or other communication mediums in a manner that is likely to negatively impact on our business.
Users agree to indemnify, defend, and hold harmless eTrend Ltd (and ecocalc.com), and its parent, affiliates, directors, officers and employees from and against any claim, liability, cost, damage or loss we may incur (including, without limitation, lawyers' fees) as a result of any violation by users of obligations under these terms and conditions.
ecocalc.com liability for any loss arising or partly arising from use of this website or linked websites shall be strictly limited to the subscriptions paid and received by the injured party to ecocalc.com.
By using our service, users are agreeing to be bound by all of these terms and conditions. Except where specifically stated otherwise, we may change or update these terms and conditions of service at any time without prior notice. Your continued use of ecocalc.com means that you accept any new or modified terms.
We may offer you other products and services. There is no implied suggestion that these other offers will be subject to the same or similar terms and conditions as this offer.
If any provision in this agreement is invalid or unenforceable, the remaining provisions will continue in full force and effect. This agreement shall be governed by the laws of England and Wales as if the agreement was a contract wholly entered into and wholly performed within this jurisdiction.
Special offers, general conditions: From time to time, ecocalc.com runs promotions and special offers, i.e. users will be offered free or discounted services. Normally, such offers are made on the basis of special conditions. Should a user accept such an offer and fail to honour all of the special (and other) conditions, they will automatically become liable for the full fees for offered services. The full fee will be the fee as published in the price schedule on the day the offer was accepted.
Users who accept the offer and fail to honour the special (and other) conditions, but who fulfil the following criteria will be excepted form the above clause: users who (1) do not use any part or all of the offered service AND (2) inform ecocalc.com within 7 days of acceptance of the offer of their intention not to use the service AND(3) receive acknowldegement from ecocalc.com before a further 2 days have lapsed.
Where services are offered in exchange or partial-exchange for 'link' or 'back-links' (both terms refer to hyperlinks from a website associated with the user to the ecocalc.com website), the user undertakes NOT to remove such links for a period of not less than 12 months after the last date that some or all of the free or discounted service was provided. This clause applies to all offers, unless specifically stated otherwise in the special conditions of a particular offer. The "last date" shall be as indicated on ecocalc.com's login records.
Special offers are extended on the condition that users who accept such offers agree to fully co-operate with ecocalc.com in their efforts to confirm that the user is fully adhering to the conditions of the offer.
Only one offer may be used for each purchase, unless specifically stated otherwise.
Links exchange, special conditions: participating users agree to the general conditions and the following special conditions: (1) to register the url of the account holder's website's homepage in the 'my account' area of ecocalc.com (2) to place a link to ecocalc.com (code emailed by ecocalc.com to the registered email address) on their website (3) to place the link on a page accessible by visitors and search engines following no more than two links from the home page of the account holder's website (4) to place the link on a page fully, freely and continuously accessible to search engines and surfers, without the need to login or follow other such process (5) to provide the url details of the page upon which the link is placed, if requested to do so by ecocalc.com within 3 working days of such a request (6) not to modify the link code or manipulate or hide or disguise it in any way, without prior written agreement from ecocalc.com (7) to activate the offer by clicking on the link on the user's website (8) to co-operate fully with ecocalc.com in their efforts to ensure that the conditions of the offer have been honoured.
ecoPAGES™, special conditions: users availing of an ecocalc.com free trial agree to the general conditions and the following special conditions: (1) to permit ecocalc.com to display non-identifying input data and results of simulations in ecoPAGES™ (2) to permit ecocalc.com, in the case of installers or anyone declaring themselves as an installer during registration, create and publish a listing for their business in ecoPAGES™ (3) to not seek to terminate this agreement within two years of availing of the free offer, and therafter to give not less than one months notice. Delisting is subject to £15 fee, payable in advance. (4) to co-operate fully with ecocalc.com in their efforts to ensure that the conditions of the offer have been honoured.
ecoWEB™, special conditions: participating users agree to the general conditions and the following special conditions: (1) to assume full responsibility for their own content in all aspects (2) not to publish anything that may negatively impact on ecocalc.com's business (3) not to assume that ecocalc.com will provide any service (or aspect to a service) other than the service (or aspect to a service) that has been specifically offered (4) to agree that ecocalc.com assumes no liability (beyond the fees charged to the user and received by ecocalc.com) in respect of the performance or availability of this service (5) to grant ecocalc.com freedom to use text entered on the ecoWEB™ homepage or ecoPAGES™ listing, without charge or restriction or time limitation (6) NOT to terminate this agreement during the first twelve months of service (7) to provide 3 months' notice of the user's intention to terminate the agreement
Although ecocalc.com aim to assign subdomains and folders of myecoweb.net to individual organisations on a permanent basis, we cannot guarantee this will always be the case. We do not accept responsibility for losses incurred as a result of changes to, removal of or reassignment of these subdomains. These subdomains are the sole property of ecocalc.com, not the listed organisation
ecocalc.com will register new domains at the request of ecoWEB™ customers on the appropriate subscription. These domains will be registered and hosted on our servers by default. At the customers request, the domain will be registered in their name. In both cases, the domain will be the sole property of the customer. However, to permit us carry out our agreement obligations to the customer with ease, the domain will always be hosted on our server.
ecocalc.com have no control over the availability and registration of web addresses. We will aim to secure your preferred web address, but cannot guarantee to do so. When submitting the order form, we carry out preliminary checks on the availability of your preferred address. This check is not always accurate – it generally says a website address is available for registration if there is no live page currently hosted at the root directory of the website. This is a good indication as to the availability of the address, but certainly not rigorous. Furthermore, addresses can be registered by otheres between the time you submit your order and the time we (and our domain procurement service) process the registration request – we are not responsible for the loss of addresses in these or other circumstances.
ecocalc.com will not renew addresses for accounts that are not paid up to date. It is important that your account is always kept up to date, particulary around the time your subscription is due for renewal.
Users who opt to have us register and pay for a domain on their behalf agree to use our services for a minimum of two years in all cases, except in the case of those opting for '.ie' domains. These users agree to use our services for a minimum of three years (to reflect the significant additional cost of these domains). Users who wish to be make alternative arrangements before the minimum period has expired are free to do so providing they pay their normal service fees up to the end of the release year and 50% of the fees for the remainder of the minumum service period.
The user understands and accepts that ecoWEB™ webpages are subsidised by on-page advertisment slots, retained under the control and for the benefit of ecocalc.com. ecocalc.com undertakes not to use this slot to directly compete with the user's business.
ecoWEB™ provides a 30-day money back guarantee which may be exercised in cases where we have not performed as per our agreement. The user acknowledges that it is not unusual or indicative of sub-standard service when websites become unavailable for short periods (less than 30 minutes). Expenses incurred that are directly related to a refundable account are deductable, e.g. domain registration.
The user understands and accepts that ecoWEB™ is supported by means of communication via the online contact us form only. Telepone support is not provided.
The user understands and accepts that ecoWEB™ websites will display a hyperlink to www.ecocalc.com and www.myecoweb.net.
The user understands and accepts that ecoWEB™ are not contracted to provide statistics on website traffic. If we develop the relevant scripts, we will add this feature to existing accounts at no extra charge.
The user understands and accepts that ecoWEB™ emails must be accessed by the user in one of teh following ways (1) forwarding to an existing POP account (2) vis MicroSoft Outlook, or similar package. ecoWEB™ will provide necessary login links, passwords and on-page and email bease support.
Users requiring full secure online payment features must register for a PayPal account. We are not permitted to do this on their behalf, but ar happy to provide guidance on the steps to be performed.
In the event that it becomes unfeasable for us to continue ecoWEB™ services, we will do our best to ensure a smooth transition to another service provider of your choice. We will refund all fees paid, on a pro-rata basis, less expenses diectly attributable to your account.
sunnyCALC™lite, special conditions: ecocalc.com users agree to the general conditions and the following special conditions: (1) not to modify the calculator code or manipulate it in any way (2) not to hide or disguise the ecocalc.com logos, disclaimers, credits, etc, on the output reports.