Legal
Please read these legals carefully and make sure you understand them before ordering any Products and Services from our site. You should understand that by ordering our Products and Services, you agree to these legals.
Introduction
This policy explains when, why, and how we collect personal information from people who visit our websites, register, purchase our products or services, or contact us in any other way. The policy also describes in detail the conditions under which we can disclose information to others and the methods we use to ensure its security.
While we encourage customers to read our privacy policy in full, we abide by several key principles:
- We will never sell your data.
- We will never share your marketing information with third parties.
- We will always keep your personal data secure, using strong encryption, following data protection rules, and applying advanced security techniques.
- We will never send you marketing materials without your consent. Our newsletter requires your explicit consent, and you can unsubscribe at any time using the unsubscribe link provided in the email or through your personal account by selecting "Feedback" > "Email Management" > "Mail Subscriptions".
If you have questions or concerns about how your personal data is collected or used, please contact us at feedback@c-mes.co.uk.
You can read our full privacy policy below.
About Us
C-MES Solutions Ltd. is registered at the following address:
120 Baker Street, London, England, W1U 6TU
Registration number: 11244685
This policy (together with our Product Delivery and Services Terms, the Billing Rules, and other documents referred to in it) sets the basis on which we will process any personal data that we collect from you or that you provide to us. Please read the following text carefully to understand our views and practices regarding your personal data and how we will handle it.
For the purposes of the Data Protection Act 1998 (the Act) and the GDPR (General Data Protection Regulation), the data controller is C-MES Solutions Ltd, a company incorporated in England and Wales with the number 11244685 and registered office at 120 Baker Street, London, England, W1U 6TU.
When we collect your personal data
We may collect information about you in the following ways:
- When you fill out forms on any of our websites, including information provided during registration to use our websites, order products, subscribe to any of our services, post materials, or request additional services.
- When you participate in a contest or promotion sponsored by us, or if you report a problem with our product or site.
- If you contact us, we may save the history of this correspondence and record telephone conversations.
- When you complete questionnaires that we use for research purposes, although you are not obliged to answer them.
- Details of the transactions you make through our website and the fulfillment of your orders.
- Visits to our sites, including but not limited to traffic data, location data, and other communication data necessary for our own security, diagnostics, authentication, and billing.
What personal data we collect
If you are just browsing our website, we will collect the following information in our logs:
- IP address (see 'Cookies and IP addresses')
If you register to use our services, we will collect the following information:
- IP address (see 'Cookies and IP addresses')
- Your name
- Your company name
- Field of activity
- Address
- E-mail address
- Phone numbers
- Order and payment details
Although it is not actively collected, we may store any other personal information that you may disclose during negotiations, calls, or electronic correspondence.
IP addresses and Cookies
IP addresses
We collect information about IP addresses to ensure security (DDoS prevention, hacking prevention, and fraud), diagnostics, and statistical analysis of traffic used to improve the performance and usability of our services. For GDPR purposes, we collect this information under legitimate interest.
Cookies
A cookie is a small file stored on your computer that is used to store settings and other information used by websites you visit.
We use cookies for the following purposes:
- User authentication when entering or leaving our services.
- To analyze traffic to our site using Google Analytics (see Google Analytics).
- To track site settings.
If you register with us or continue to use our site, you agree to the use of cookies.
You can block cookies by activating the setting in your browser that allows you to refuse the configuration of all or some cookies. However, if you use your browser settings to block all cookies, you may be denied access to all or parts of our website.
If you have not changed your browser settings to refuse cookies, our system will create cookies as soon as you visit our site.
Where we store and process your personal data
The data we collect from you are stored in the UK, but may be processed by employees working outside the EEA (European Economic Area) who work for us or one of our partners. Such employees may be involved, among other things, in fulfilling your order, processing your payment details, and providing support services.
By submitting your personal data, you agree to the processing of this data outside the EEA.
We take all the necessary steps to ensure that your data, no matter where it is processed, is handled securely and in accordance with this privacy policy and GDPR, which includes ISO27001 certification.
How we protect your personal data
We take care of all data and take appropriate measures in accordance with data protection rules to ensure their safety.
- All data that we collect is transmitted via encrypted connections (https).
- All data is stored behind modern firewalls managed by our security team.
- All data is controlled by access to ISO27001 standards.
- All personal data storage systems have access logs.
- All passwords are encrypted.
- All systems undergo regular penetration testing and are monitored for vulnerabilities and attacks.
Personal data we use
We use information about you in the following ways:
- To confirm your identity.
- To provide you with the products and services you have purchased from us.
- To fulfill our obligations arising from any contracts entered into between you and us.
- To ensure that the content from our site is presented in the most effective way for your device.
- For targeted responses to requests.
- To provide you with information, products, or services that you request from us, provided you have agreed to this.
- To notify you of changes to our services.
- To send you marketing emails when you have given explicit consent.
- To display personalized ads from us.
- To prevent fraud.
- To detect, prevent and diagnose potential security breaches.
Legal framework for collection and processing
The Data Protection Act establishes the conditions under which personal data may be collected and used as the basis for collection and processing. These include:
Contractual obligations
When you purchase a product or service, we need to collect personal data to fulfill our legal contractual obligations, such as managing your account, issuing bills, and contacting you for technical support.
Legal compliance
The law requires us to collect and process data for specific purposes, such as maintaining financial records (billing) and complying with law enforcement requirements for data.
Legitimate interest
We collect data under legitimate interest in a manner that is reasonably expected as part of our daily business. For example, we collect and register IP addresses to protect against fraud and enhance security and analyze the use of our site.
Your consent
In some cases, we may collect and process your data with your consent, for example, in our newsletter and promotional emails. Consent to receive these communications can be withdrawn at any time.
How long we keep personal data
Your data will be stored until it is no longer needed for the purpose for which it was collected. Upon expiry, the data will either be deleted or anonymized so that it can no longer be associated with an individual. Personal data associated with purchases or any other financial transaction is stored for at least 6 years, as required by UK law for storing financial data.
With whom we share personal data
Like many websites, we use a number of third-party services for functions such as hosting and database storage, email, email registration, and payment processing. Below is a list of companies with whom we exchange data daily. This list does not include services that we provide anonymously or services provided on a one-time basis, such as IT contractors. All vendors listed below have been carefully selected to ensure suitable protection per GDPR.
Odoo S.A.
We use Odoo S.A. for hosting sites, storing databases, and email and collaboration. In some cases, your personal data may be stored on Odoo S.A. servers. Any data stored there is encrypted and controlled by us.
Privacy policy: https://www.odoo.com/privacy
Webhosting UK COM
We use Webhosting UK COM for hosting sites, storing databases, and email and collaboration. In some cases, your personal data may be stored on Webhosting UK COM servers. Any data stored there is encrypted and controlled by us.
Privacy policy: https://www.webhosting.uk.com/legal/privacy-policy
Microsoft
We use Microsoft Office for document storage, email, and collaboration. In some cases, your personal data may be stored on Office 365 servers. Any data stored there is encrypted and controlled by us.
Privacy policy: https://privacy.microsoft.com/
Advertising and Remarketing
We use Google's remarketing services to display our ads on third-party websites (including Google) to previous visitors to our sites. This is done using a cookie that contains anonymous information about your visit. You can opt out of these ads by managing your Google account settings here: http://www.google.com/settings/ads. Google is also a member of the NAI (Network Advertising Initiative), and you can use their site to opt out here: http://www.networkadvertising.org/managing/opt_out.asp.
Google Analytics
Like many websites, we use Google Analytics to collect anonymous data about users on our sites, such as how often they visit, which pages they visit, when they visit, how long they stay, and the country they visit from. This data is collected using cookies and your IP address. The statistics obtained are used for:
- Improving site usability
- Tracking marketing campaign success
- Pattern analysis
You can prevent Google Analytics from collecting this information by installing the Google Browser add-on: https://tools.google.com/dlpage/gaoptout. To learn how Google uses data collected from our own and partner sites, follow this link: https://policies.google.com/
Newsletter and marketing emails
All our marketing emails are authorized by you. We will never sell your data or pass it on to third parties for marketing purposes. If you decide not to receive them, you can opt out at any time by:
- Clicking on the unsubscribe link located in the footer of the email.
- Logging in to your personal account and selecting: "Feedback" > "Email Management" > "Email Subscriptions".
- Contacting our customer service department by phone, e-mail, livechat.
Disclosure of your personal information
We may disclose your personal information to any member of our group, which includes our subsidiaries, our partners in your country of registration, and their subsidiaries, as defined in section 1159 of the Companies Act 2006 of the United Kingdom.
We may disclose your personal information to third parties:
- If C-MES Solutions Ltd or significantly all of its assets are acquired by a third party, in which case personal data held about its customers will be one of the transferred assets.
- If we are required to disclose or transfer your personal data to comply with any legal obligations or to enforce or apply our terms of delivery of products and services and other agreements, or to protect the rights, property, or safety of our customers or others. This includes exchanging information with other companies and organizations to protect against fraud and reduce credit risk.
External links
Our site may contain links to the sites of our partners, and these may transfer you to partner sites. If you follow a link to any of these websites, note that these websites have their own privacy policies, and we are not responsible for these policies. Please check these rules before submitting any personal data to these sites.
Your rights under GDPR
Under the GDPR (General Data Protection Regulation), you have several rights relating to your personal data, effective from May 25, 2018. For more information, see https://ico.org.uk.
Right to restrict processing
You have the right to request that we limit the processing of your personal data if we do not have a legitimate interest:
- Where the accuracy of personal data is contested, to limit processing until accuracy is sufficiently verified.
- Where you object to the processing (see 'Right to Object'), and we are considering whether there are legal grounds to override the request.
- When processing is unlawful, and you oppose deletion and request restriction instead.
- If we no longer need personal data, but you need it to establish, exercise, or defend a lawsuit.
You can exercise this right at any time by contacting our team (see 'Contact us').
Right of access (access to information)
The GDPR gives you the right to access information about you. You can exercise this right by contacting us (see 'Contact us'). We must confirm your identity before processing any access requests. After verification, the data must be provided within 28 days. Data is provided free of charge; however, an administrative fee may apply if the request is manifestly unfounded or excessive, especially if it is repeated.
Right to erasure (also known as the right to be forgotten)
As an individual, you have the right to request the deletion of any data we hold about you. This is not an absolute right; for example, it does not override our requirement to keep financial data, such as invoice information, per UK law. You can make a request if your personal data is no longer needed concerning the purpose for which it was originally collected/processed, for instance, if you have canceled all the products and services you ordered from us.
To obtain the right to erasure, please contact our customer service (see 'Contact us').
Right to rectification
The GDPR provides the right to correct any personal data that may be incorrect or incomplete. Clients can update their personal data through their personal account. If this is insufficient, please contact our customer support (see 'Contact us').
Right to object
You have the right to object to the processing of your personal data if there is no legal basis for this. To make an objection request, please contact our customer support (see 'Contact us').
Changes to our privacy policy
We regularly review our privacy policy. The latest version can always be found at the following address: https://c-mes.co.uk/legal.
This privacy policy has been updated and is valid from 01.06.2018.
Contact us
Questions, comments, and requests regarding this privacy policy are welcome. You can contact us in the following ways:
- Existing customers can contact us by creating a support ticket through their personal account.
- Email: feedback@c-mes.co.uk
- Call us at: +44 (0) 208 068 4673
- Or write to us at: C-MES Solutions Ltd, 120 Baker Street, London, England, W1U 6TU
Contact the regulator
Although we will make every effort to rectify any situation where you believe your data has not been properly processed, you have the right to contact the regulatory authority. In this case, the regulator is the Information Commissioner (ICO). You can contact them by phone at 0303 123 113 or visit https://www.ico.org.uk/concerns.
This page (together with the documents indicated on it) describes the terms and conditions on which we will supply you with any products and provide the services listed on our website (www.c-mes.co.uk). Please read these terms carefully and make sure you understand them before ordering any Products and Services from our site. You must understand that by ordering our Products and Services, you agree to these terms.
You must print a copy of these conditions for future use.
References to "You" and "Your" refer to you as a customer. References to "We", "Our" and "Us" refer to C-MES Solutions Limited.
1. About us
We have a website www.c-mes.co.uk. We are C-MES Solutions Ltd, registered at the following address: 120 Baker Street, London, England, W1U 6TU.
Registration number: 11244685
Our contact sales email: sales@c-mes.co.uk.
2. We supply the following products
2.1 Odoo ERP
2.2 1C:Enterprise platform
2.3 1C:ERP WE
2.4 C-MES: Production Management (Production Management)
2.5 C-MES: Cutting for Laser and CNC (Cutting for Laser and CNC)
2.6 C-MES: AI-Staff (AI Staff)
2.7 C-MES: SaaS (SaaS)
2.8 Ready-made 3D-models both of our own design and from third-party suppliers. A 3D-model is an intangible digital product available for download via a provided link on our website. Physical delivery of the model by mail is not applicable.
Each of which is called a "Product" and collectively "Products".
3. We provide the following services
3.1 Consulting services
Each of which is called a "Service" and collectively "Services".
4. Your status
By placing an order through our website ("Order") and creating an Account with us ("Account"), you warrant that:
4.1 You are legally capable of entering into binding agreements.
4.2 If you are an individual, you are at least 18 years old.
5. How the contract between you and us is formed
5.1 After placing your order, you will receive an email from us confirming that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to purchase a Product or Service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming that the Products or Services will be provided (Delivery Confirmation). The contract between Us (the Contract) will only be formed when we send you the Delivery Confirmation.
5.2 The contract will relate only to those Products or Services whose delivery we have confirmed in the Delivery Confirmation. We will not be obligated to supply any other Products or Services which may have been part of your order until the supply of such Products or Services has been confirmed in a separate Delivery Confirmation.
6. Availability and Delivery
6.1 Delivery of the Product will be provided by the delivery date specified in the Delivery Confirmation, or, if no delivery date is specified, within a reasonable time from the date of the Delivery Confirmation, unless exceptional circumstances apply.
6.2 Access to the Services will be provided by the start date specified in the Service Confirmation, or, if no start date is specified, within a reasonable time from the date of the Service Confirmation, unless exceptional circumstances apply.
7. Backup, archive, and restore services
7.1 If you need individual backup services, we will develop a backup schedule with you.
7.2 In cases where you do not order our backup of your data hosted on our equipment (Backup Services), we will use reasonable efforts to protect and regularly back up your data, but we do not guarantee the availability, accuracy, or regularity of such backups. You are solely responsible for taking your own measures to back up your data through our external backup service or your own backup solution. You also acknowledge that without ordering the backup service, your backup data will not include large media files such as mp3, mpeg, wmv, or other video/audio files. If you order our backup service, we will provide the level of backup described by you based on the level you choose.
8. Quality of Products and Services
We guarantee that:
8.1 We will deliver the Products and provide the Services with reasonable care and skill and in accordance with generally accepted commercial practices and standards.
8.2 Products and Services will comply with all descriptions and specifications detailed on our website.
8.3 Products and Services will be provided in accordance with applicable law.
8.4 Services must comply with Service Level Agreements.
8.5 Your rights under this agreement are in addition to those provided by law, including the Sale of Goods and Services Act 1982 and any other relevant legislation.
9. Price and Payment
9.1 The prices of the Products and Services will be as quoted on our website, except in cases of obvious error.
9.2 Prices for Products and Services may vary and be displayed depending on the customer's location. Customers in the UK will see prices in GBP, while all others will see prices in EUR.
9.3 Prices for Services are inclusive of VAT. However, if the VAT rate changes between the date of your order and the date of delivery, we reserve the right to adjust the VAT you pay accordingly, unless you have paid in full for the Products and Services before the VAT rate change takes effect.
9.4 Prices for Products and Services may change at any time, but these changes do not affect orders for which we have already sent you a Delivery Confirmation.
9.5 Our website contains a large number of Services, and despite our best efforts, some of the Services listed on our website may be incorrectly priced due to price changes that we undertake. Typically, we verify prices as part of our Confirmation process. If the correct price of a Product or Service is lower than our stated price, we will charge the lower amount when providing the Product or Service. If the correct price is higher than the price stated on our website, we will usually, at our discretion, either contact you for instructions before providing the Product or Service, or reject your order and notify you of such rejection.
9.6 If the pricing error is obvious and unmistakable and could have reasonably been recognized by you as an error, we are not obligated to provide the Product or Service to you at the incorrect (lower) price.
9.7 Payment for all Products and Services may be made by bank transfer based on an invoice issued to you.
9.8 Payment for all Products and Services may be made by credit or debit card. We accept most credit and debit cards such as MasterCard, Visa, American Express, Discover, Visa Electron, UK Maestro. We will not charge your credit or debit card until we send your order.
9.9 The cost of licenses for all third-party applications and software offered with our products, services, and service plans may be changed without notice.
9.10 C-MES Solutions Ltd. reserves the right to pass on any additional charges or price increases resulting from price changes by third-party software and license providers, regardless of the delivery stage of the Product and Services.
10. Our returns and cancellation policy
10.1 You may, within 7 calendar days from the date of placing the Order, change or cancel the Order by giving us written notice. If you change or cancel an order, your liability to us will be limited to paying all costs that we reasonably incur in fulfilling the order until we receive your change or cancellation notice. However, if the change or cancellation is due to our failure to comply with these Terms, you will not be liable for such costs.
10.2 All customers are entitled to use our 30-day money-back guarantee for all Products and Services, except for customers who have already used our money-back guarantee and subsequently re-ordered the same Product or Service. In all cases, for any use of Products and Services over the 30-day period, a pro rata amount shall be deducted from the refund amount. The 30-day period begins on the date when you first use the respective Product or Service, or from the date on which we declare that the corresponding Service will be available, whichever comes first.
10.3 If the requested refund is to be made to an international bank account outside the United Kingdom, the Customer agrees to bear all expenses incurred by us for transferring the payment. The amount due to us will be deducted from the total refund amount.
11. Consulting services
11.1 If you have ordered any Consultancy Services from us, you must comply with our Terms of Reference for Advisory Services, which apply in addition to these Terms and Conditions and are described in the relevant Consultancy Contract.
11.2 In the event of a conflict, inconsistency, or ambiguity between these Terms and the Terms of Advisory Services described in the contract, the Terms of Advisory Services described in the contract will take precedence.
12. Bandwidth
12.1 If a portion of the purchased Products and Services includes an Internet connection, the connection must be provided through the hosting provider of the Internet. Connectivity should include multiple high-speed connections with different routing, a firewall for security, and a load balancer for traffic management and speed optimization.
12.2 We will provide connection services with the agreed bandwidth specified in your plan. Connectivity should include multiple connections and a network operations center that controls servers, a network platform, and Internet access.
12.3 If your account exceeds the bandwidth limit, we will notify you. If you do not want to purchase additional bandwidth or upgrade your account and continue to exceed the limit, your account will be suspended until you show us that you have taken steps to ensure that the limit is not exceeded again, or update your account, whichever comes first. Any re-activation will be made next month.
13. Property rights
13.1 You acknowledge and agree that we and/or our licensors own all intellectual property rights related to the Services and any associated Software provided in relation to them. Except as expressly provided herein, these terms do not grant you any rights or licenses for patents, copyrights, database rights, trade secrets, trade names, trademarks (registered or unregistered), or any other rights or licenses regarding the Software, the Service, or any related documentation.
13.2 We confirm that we have all the rights needed concerning the Software to grant all the rights intended to be granted per the terms of this agreement.
14. Confidentiality
14.1 Confidential information does not include information that:
14.1.1 is or becomes generally known to the public other than as a result of the actions or omissions of the receiving party;
14.1.2 was lawfully in the possession of the other party before the disclosure;
14.1.3 is lawfully disclosed to the receiving party by a third party without restriction on disclosure;
14.1.4 is independently developed by the receiving party, provided that such independent development can be substantiated with written evidence;
14.1.5 must be disclosed by law, by any court of competent jurisdiction, or by any regulatory or administrative authority.
14.2 Each party must keep the other party's confidential information confidential and, except as required by law, must not disclose it to any third party or use it for any purpose other than performing this agreement.
14.3 Each of us must take all reasonable steps to ensure that the confidential information of the other party to which they have access is not disclosed or distributed by its employees or partners in violation of the terms of this agreement.
14.4 Each of us is responsible for any loss, destruction, alteration, or disclosure of Confidential Information caused by any third party.
15. Termination
15.1 Without limiting our other rights or remedies, we may immediately terminate your Account if:
15.1.1 You commit a material breach of these Terms and Conditions or any other terms and conditions referred to herein;
15.1.2 You (being a company) suspend or threaten to suspend payment of your debts, are unable to pay your debts when they fall due, admit an inability to pay your debts, or believe you cannot pay your debts as defined by section 123 of the Insolvency Act 1986;
15.1.3 You (being an individual) are subject to bankruptcy;
15.1.4 A creditor or encumbrancer attaches or takes possession, or a distress, execution, sequester, or another similar process is levied or enforced against you or all or any part of your assets, and such attachment or process is not settled within [14] days;
15.1.5 (as a company) an application is submitted to the court or an order is made about appointing an administrator or informing you that you intend to appoint an administrator or appointing an administrator over you;
15.1.6 any event or proceeding occurs in any jurisdiction similar to any of the events mentioned above;
15.1.7 you suspend, cease or threaten to suspend or cease all or a substantial part of your business;
15.1.8 You (as an individual) die or become incapacitated (whether mental or physical) and are unable to manage your own affairs or become a patient under any mental health legislation.
15.2 Without limiting our other rights or remedies, we may immediately terminate your Account by giving you written notice if you fail to pay any amount due to us under any agreement, invoice, or contracts.
15.3 Without limiting our other rights or remedies, we have the right to terminate the Agreement by giving a written notice to the other party 3 months in advance.
15.4 We reserve the right to terminate any account if the account holder notifies us of their intention to initiate legal proceedings against C-MES Solutions Ltd. A notice will be provided indicating the planned termination date, allowing the customer to transition to a new provider and accept any backups. Refunds for unused months will be provided within 30 days of account termination.
16. Consequences of termination
Upon termination of the contract for any reason:
16.1 You must immediately pay us all unpaid invoices and fines. If an invoice has not been submitted, we will issue an invoice, which must be paid by you immediately upon receipt.
16.2. You must return any Products and other equipment provided to you by us that have not been fully paid for. Until they are returned, you are solely responsible for their safekeeping and will not use them for any purpose.
16.3. The accrued rights, remedies, obligations, and liabilities of the parties as of termination or expiration shall not be affected, including the right to claim damages in respect of any breach of these Terms and Conditions that existed at or before the date of termination or expiration.
16.4. Provisions which expressly or by implication survive termination shall continue in full force and effect.
17. Disclaimer
17.1 This clause 17 sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents, partners, and subcontractors) to you in respect of:
17.1.1 any breach of these Terms and Conditions;
17.1.2 any use made by you of the Services or any part of them;
17.1.3 any representation, statement, or tortious act or omission (including negligence) arising under or in connection with this agreement.
17.2 Except as expressly and specifically provided in these Terms and Conditions:
17.2.1 You assume sole responsibility for the results obtained from the use of the Products and Services, and for the conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions, or scripts provided to you in connection with the Products and Services, or any actions taken by us at your direction.
17.2.2 All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement.
17.3 The applicable Service Level Agreement for your Products and Services sets out your full and exclusive rights and remedies, and our sole obligations and liabilities for performance and/or availability of the Service or non-performance and non-availability.
17.4 Subject to clause 17.3, if we do not comply with these Terms, we shall only be liable to you for the purchase price of the Products and Services.
17.5 Subject to clause 17.3, we will not be liable for consequential, indirect, or special losses, including but not limited to:
17.5.1 loss of revenue or income;
17.5.2 loss of business;
17.5.3 loss of profits;
17.5.4 loss of anticipated savings;
17.5.5 loss of data;
17.5.6 waste of management or office time.
However, this clause 17.5 does not preclude claims for loss of or damage to your tangible property that are foreseeable, or any other claims for direct loss not excluded by categories 17.5.1–17.5.6.
17.6 Subject to clause 17.2, we will not be liable for damages arising from:
17.6.1 loss of uploaded material (unless such loss results from a failure to provide the backup services purchased from us);
17.6.2 incompatibility of the Products and Services with your equipment, software, or telecommunications channels;
17.6.3 technical problems, errors, or interruptions in the Services;
17.6.4 any security breaches affecting the Customer’s Account.
17.7 Subject to clause 17.3, our liability to you for any contract, tort, negligence, or otherwise arising in connection with the Products and Services will be limited to the total amount you paid us in the year in which the liability first arose. No liability will be accepted unless you provide documentary evidence of our fault.
17.8 We exclude all liability in relation to any material hosted on the internet using the Products and Services, and we are not responsible for any goods (including software) or services provided by third parties, advertised, sold, or otherwise made available by means of the Products and Services or on the internet, the accuracy, completeness, or suitability for any purpose of any website content, and the acts or omissions of other telecommunications providers or internet services (including domain name registration authorities) or for faults or failures in their equipment.
18. Import duty
18.1 If you order Products and Services from our website for use outside the UK, they may be subject to import duties and taxes levied upon delivery of the Products and Services. You will be responsible for paying any such import duties and taxes. Please note that we have no control over these costs and cannot predict their amounts. For more information, please contact your local customs or tax office before placing your order.
18.2 You must comply with all applicable laws and regulations of the country where the Products and Services are used or delivered. We will not be liable for any breach of such laws by you.
19. Written communications
19.1 Applicable law requires that some of the information or communications we send you must be in writing. By using our site, you agree that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
20. Notifications
20.1 All notifications you provide to us must be sent to C-MES Solutions Ltd. at the following address: 120 Baker Street, London, England, W1U 6TU. We may notify you by e-mail or by the postal address you provided to us when placing the order, or by any methods indicated in paragraph 19 above. The notice will be considered received and properly sent immediately after being posted on our website, 24 hours after the email is sent, or three days after the date of posting any letter. For proof of delivery of any notice, it will be sufficient to show, in the case of a letter, that such a letter was properly addressed, stamped, and posted in the mail, and in the case of an email, that such an email was sent to the specified email address of the addressee.
21. SMS notifications
21.1 If you subscribe to receive SMS notifications from us, you may receive promotional messages from us from time to time. Any such marketing messages will be directly related to our own products and services and will not be sent by or on behalf of any third party. You will not receive more than one (1) marketing SMS per week. We will never disclose your phone number to third parties. You can opt out of receiving SMS notifications at any time through your Personal Account on www.c-mes.co.uk.
22. Events beyond our control
22.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events beyond our reasonable control (force majeure).
22.2 A force majeure event includes any act, event, non-occurrence, omission, or accident beyond our reasonable control, including but not limited to the following:
22.2.1 Strikes, lockouts, or other industrial action; 22.2.2 Civil commotion, riot, invasion, terrorist attacks or the threat of terrorist attack, war (declared or not) or threat or preparation for war; 22.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster; 22.2.4 Impossibility of the use of railways, shipping, aircraft, road transport, or other means of public or private transport; 22.2.5 Impossibility of the use of public or private telecommunications networks; 22.2.6 Acts, decrees, legislation, regulations, or restrictions of any government; 22.2.7 Pandemic or epidemic.
22.3 Our performance under any Contract is deemed to be suspended for the period that the force majeure event continues, and we will have an extension of time for performance for the duration of that period.
23. Waiver
23.1 If we fail at any time during the term of a Contract to insist upon strict performance of any of your obligations under the contract or any of these terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
23.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
23.3 No waiver by us of any of these terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 20 above.
24. Entire agreement
24.1 These Terms, the Privacy Policy, the Billing Rules, and any document expressly referred to in any of these documents constitute the entire agreement between us and supersede all previous discussions, correspondence, negotiations, previous agreement, understanding, or arrangement between us relating to the Products and Services.
25. Law and jurisdiction
25.1 These Terms, the Contract, the purchase of Products and Services through our website, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. Any dispute or claim arising out of or in connection with these Terms, the Contract, or its formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
26. Promotional offers
26.1 All promotional offers are valid only for new orders and not for subsequent renewals (unless otherwise stated).
26.2 Promotional offers are limited to a period of 1 month, unless otherwise indicated.
27. Company information
27.1 Registered in England and Wales under the registration number 11244685.
27.2 The address of our registered office: 120 Baker Street, London, England, W1U 6TU. Please note that all visitors must book an appointment in advance to visit our office.
27.3 To contact us, please email us at sales@c-mes.co.uk or call +44 (0) 208 068 4673.
A 30-day money-back guarantee is valid. Customers may terminate the supply of Products and Services during this period. A full refund will be given for undelivered Products and Services that the customer has paid for. However, fees for actually delivered Products and Services, as well as fees for external software licenses, will not be refunded under any circumstances. These fees are strictly non-refundable.
A proportional refund applies when the account is canceled after the first 30 days but before the next renewal period. The payment will be refunded only for the unused period.
We provide refunds or compensation only if the services guaranteed on our website are not provided and/or if the guarantees we make are not fulfilled by us. Compensation, if it meets the criteria, will never exceed the total payment for one (1) month of previously paid services by the customer.
If the account has been closed due to policy violations, copyright infringements, company ethics violations, complaints received from authorized legal agencies, government departments, spam protection agencies, or any other recognized Internet authority, C-MES Solutions Ltd. is not responsible for the reimbursement of any expenses. All expenses in such cases are paid by the client. We terminate/cancel accounts only after we have supporting evidence for the charges/violations.
For any changes in contact details, billing cycle alterations, cancellations, or termination of the company's Products and Services, a written request is mandatory and must be sent through the client’s personal account. Requests made to our phone number will not be accepted. It is essential for us to authenticate the client before processing such requests. All emails must be sent from a registered email address.
Account renewal reminders will now be sent 15 (fifteen) days before the actual renewal/payment date for the monthly and quarterly billing cycles, and 30 days before the actual renewal/payment date for the semi-annual and annual billing cycles. This is done to ensure that our customers have enough time to make the payment. A second reminder will be sent before the expiration date, and the third and final reminder will be sent on the renewal date.
A grace period of 5 (five) days will be granted for all unpaid bills after the renewal/payment date. Products and Services will be suspended on the 6th (sixth) day of account expiration, and an email will be sent notifying you of the service suspension. Backup services, if purchased/applicable, will be provided only after the payment of dues during the suspension period, which lasts from day 6 to day 10 (both days inclusive) of the overdue account.
We can provide up to 5 (five) days after the suspension of the account to pay for the renewal. The account will be permanently closed after the expiration of this additional 5-day period. Once your account has been deleted, we can no longer guarantee the recovery of your data. Although every effort will be made to recover the data after this point if the bills are paid, there are no guarantees that the data can be successfully restored.
We accept payments through credit cards and bank transfers. We do not accept E-Gold or any other online money transfer methods.
We have an automatic debit feature. You can save your credit card details in your billing account, and your credit card will be charged every month on the day your bill is due. Instructions for storing credit card information are available in your account on our website.
For all invoices paid by bank transfer, customers must provide proof of payment. A copy of the payment receipt must be emailed to the billing department. The account will be credited only after payment confirmation is received. The payment receipt can be scanned and emailed to the billing department. Customers can also take a screenshot of the receipt and send it by email as an attachment. The email address for the billing department is billing@c-mes.co.uk.
Cancellation of an account that has been submitted and received will take effect at the start of the next billing cycle. For cancellation requests received on or after the service renewal date, the current invoice must be paid, and the cancellation will apply from the start of the next billing cycle. Requests for account cancellation must be submitted using the client’s personal account on the website.
C-MES Solutions Ltd. has a very strict process for verifying new accounts. All new registrations go through this stringent mechanism. Our verification department staff will personally call customers who have placed orders for the company's products and services, and recheck all information provided during the purchase of products and services. The accounts are then processed and activated after the registration is authenticated. Under no circumstances will accounts be activated without verification. C-MES Solutions Ltd. is not responsible for delays in account activation resulting from customers not responding to verification calls. While the account is not activated, the client only has access to promotional and demo materials posted on our website.
For further inquiries or clarifications, please contact the C-MES Solutions Ltd. billing department. The email address for the billing department is billing@c-mes.co.uk.
VAT
If you are registered outside the UK, you may be eligible for exemption from UK VAT. VAT will not be charged on future invoices once we confirm your eligibility for exemption by verifying your address and identity.
Companies based in the EU with a valid VAT registration number in the EU are eligible for VAT exemption. UK VAT is levied on all other individuals and legal entities within the EU.
If you are outside the EU, whether as a business or as an individual, you are also eligible for VAT exemption.
Companies registered in the EU as VAT payers must provide their VAT registration number, which will be verified in the European Commission's database. The number will also be checked regularly. Any change in VAT status or VAT registration number must be immediately notified to us.
Companies outside the EU must send us their registration information by email or fax, along with their business trading status. The documents must indicate the location of the enterprise.
Individuals outside the EU must provide proof of address and identity. Accepted documents include passports, ID cards, and recent utility bills.
Upon registration, we must charge VAT on your first invoice; however, if your right to a VAT exemption is confirmed, the VAT charged from this invoice will be refunded as a credit to your payment account, and future invoices will be issued without VAT.
Please read these legal terms carefully and make sure you understand them before uploading your 3D-models to our website. By uploading your 3D-models, you agree to these legal terms.
References to "Seller", "You" and "Your" refer to you as the seller of 3D-models. References to "We", "Our" and "Us" refer to C-MES Solutions Limited. References to "Buyer" refer to the purchaser of 3D-models on our website.
Introduction
- You may upload content that you own or have the right to use and upload. We do not own the content uploaded by you.
- By uploading a Product, you declare that such Product and its use as permitted by our General Terms do not infringe the intellectual property rights of any other party and that you have obtained all necessary permissions to use and license the Product.
- You may not upload a Product or add content that violates any international or national laws, regulations, or rules. Content cannot be defamatory, obscene, pornographic, offensive, or inciting racial hatred.
- You must always keep backups of your uploaded Products. Files uploaded to the Site cannot be used as backups.
- For any Product/Content uploaded to the Site or otherwise provided to us, you grant and confirm that you have the right to grant us a non-exclusive, worldwide, royalty-free license to:
- Reproduce, sell, and distribute net revenues from any sale.
- Publicly perform, publicly display, digitally perform, or transmit in promotional and commercial uses.
- Create and use samples of the Product for advertising, demonstration, or promotion of your products or ours.
- Use the Products for research, creation, development, and testing of new tools, features, services, technologies, or methods, including automatic recognition, conversion, or other processing of 3D-models.
- Use any trademarks, service marks, or trade names included in the Product in connection with your material.
- Use the name and likeness of any persons depicted in the Product in connection with your material.
- Use the Products for machine learning or training neural networks, including generative AI.
- You retain ownership of the copyright and all other rights to the Product uploaded to the Site, subject to the grant of non-exclusive rights to us and the Buyer. You may grant similar rights to others during and after the term of the General Terms.
- By uploading a Product to the Site, you declare and warrant that:
- The Product is your original work and does not contain any copyrighted material to which you do not hold exclusive rights;
- You have all the rights and authority to enter and perform this agreement;
- The Product does not infringe any rights of third parties, including copyrights, patents, trademarks, trade secrets, property rights, publicity rights, privacy rights, or moral rights;
- The Product does not violate any laws, regulations, or rules;
- The Product is not defamatory, obscene, pornographic, or inciting racial hatred;
- The Product does not contain any viruses or other software routines that adversely affect computer systems or data;
- The Product does not contain any materials requiring additional licensing restrictions;
- All factual assertions made by you are true and complete.
- In case of violation of these rules, if it causes damage to the Buyer or us, you agree to fully compensate for this damage.
- You grant our partners the same licensing rights as us for the sale of your Products on the partner's website.
- We may offer and sell your Products to our partners who intend to purchase products on the Site in bulk.
Rights, Responsibilities, and Representations of the Buyer
- The Buyer may not use a Product downloaded from this site in a manner that infringes on the intellectual property rights of any other party. The Buyer may not reverse engineer the Product and must comply with the licensing terms granted to the Buyer.
- Upon payment of any applicable license fees for any Product, the Buyer may download the Product from the Site and use it according to the applicable licensing terms. The Buyer must ensure that any use of the Product complies with all applicable laws and regulations and does not infringe on the rights of third parties.
Royalty Payments and the Purchase and Payment Process
- We facilitate interactions between Buyers and Sellers by providing an eShop platform available on the Site. We are not a party to the sales contract for products between Buyers and Sellers. Payment transactions concerning the purchase of Products are made from the Buyer to the Seller through us. In connection with these payment transactions, we are authorized to conclude the sales contract on behalf of the Seller. Accordingly, we are authorized to act as the Seller's payment collection agent for receiving and processing orders and payments from the Buyer.
- Each Seller agrees that a payment made by the Buyer through our site will be considered the same as if it had been made directly to the Seller. The Seller agrees and accepts that payment to the Seller by us is conditional upon the successful receipt of related payments from the Buyer.
- The Buyer may choose any payment method supported by the Site to purchase Products at the point of sale.
- Each calendar month by the twentieth (20th) day, or the next working day if the twentieth falls on a weekend or holiday, we will pay the Seller their payouts according to the Seller's rating at the time of purchase.
- We reserve the right to withhold payments in the following cases:
- The amount is below the minimum permitted for a monthly payout (which is 100 GBP) if the Seller has not chosen PayPal as the transfer method;
- The Seller's payments are on hold due to a previous unsuccessful payment;
- The Seller has provided inaccurate payment information;
- There is a violation of Site policies that must be resolved before payment is made.
- Ratings and payout percentages for each level (from the total sales amount for the month preceding the payment
):
- Junior (0 GBP) – 20%
- Middle (500 GBP) – 15%
- Senior (1000 GBP) – 10%
- We will calculate and pay earnings to Sellers after withholding taxes if such an obligation is provided by the national tax laws of the United Kingdom.
- If a purchase is canceled after the Seller has been paid, or if for any reason we have already paid the Seller an amount exceeding the correct payout, the Seller acknowledges that such overpayment is subject to refund to us and authorizes us to deduct from future payments to the Seller.
- If the Buyer lodges a quality complaint regarding the purchased 3D-models, we will make every effort to allow the Seller to make the required corrections, and only if such corrections are not possible will we refund the Buyer.