Overview
MemberGate is strongly committed to safeguarding consumer privacy
We operate under the following set of strict privacy principles:
1. The only information we obtain about our members is information needed to process transactions whenever a purchase is made.
2. That information is never sold, swapped or traded for any commercial purpose
3. That information would only be disclosed if required to do so by a court-ordered authority (eg police)
4. Some clients allow us to list their sites on our Active Sites list
5. CCPA
MemberGate does not fall under the purview of the California Consumer Privacy Act.
This is because we do not meet any one of the three requirements needed by the Act:
- have an annual gross revenue exceeding $25 million,
- derive 50% or more of your annual revenues from selling consumers' personal information,
- buy, receive, sell, or share the personal information of 50.000 or more California residents, households or devices a year
Please click on the sections below to read, understand and exercise your data rights
Data Categories
At MemberGate we have 3 categories of Membership required to provide our services:
- Visitor
- Guest
- Client
This section is provided to help you understand your rights and make an informed decision about the consent needed to collect, store and process data at each level
Visitors are people who have navigated to our site
The only consent required from Visitors is consent for our cookies
Our cookies enable us to manage your visit and remember and preferences made - eg: to remember whether a visitor consented to cookies and so disable the pop-up notice
We use Google Analytics to tell us which pages are more popular and we use that to guide our content
Visitors can contact us using the Contact Form provided
Visitors can join the site as Guest Members
Either action will escalate the Visitor to "Guest" status
Guests are Visitors who have taken an extra consent step:
- Completing the Contact Form
As this requires an email to reply to, Guests give consent to the message being sent to us using secure transmission.
Guests consent to us responding to that message
The thread is kept to ensure continuity of correspondence
All emails are retained to protect our company in the event of litigation - Completing the Guest Membership form
The form requires the Guest to provide 'Member Data': name, email, username, strong password and a siteurl
Member Data is stored, securely in our Members Database
Member Data is needed to allow the Guest tologin and access privileged content in the Members Area
Member Data allows the Guest to participate in private forums
Member Data is also used to provide access to the Demonstration Site
Guest Membership is limited to 3 months, after which it will expire and the Guest will have to re-join
If a siteurl is provided, one of our team will visit that site to check for suitability for use as a MemberGate powered site
The contact name and email address is copied to our email service
The email service will send a confirmation message for permission to follow-up with the Guest
We do not sell, swap or trade email addresses
Emails are used to help Guests progress their interest into running their own membership website powered by MemberGate
Each message sent via our email service includes an unsubscribe link
Clients are Guests who have taken an extra consent step:
Complete a subscription form to order a MemberGate powered site
The subscription form requires consent from the Client to provide address and payment information
This data is used to verify the subscription and process the transactions
The data is transmitted over secure channels to the card processing Gateway (Stripe.com)
We never know your full card data - it is encrypted and sent directly to Stripe
The expiry date and last four numbers are stored to allow Clients to check their accounts - as per credit card rules (
Clients can access their records at any time by clicking on the Manage Your Account link in the footer
Clients can unsubscribe at any time and the service will be terminated accordingly
Transactional data is retained for accounting and legal requirements
Right of Access - Members can verify their information at any time using the Manage Your Account link in the Members Area footer
Data Protection
The EU General Data Protection Regulation (GDPR) replaces the Data Protection Directive 95/46/EC and was designed to harmonize data privacy laws across Europe, to protect and empower all EU citizens data privacy and to reshape the way organizations across the region approach data privacy
MemberGate Privacy Policy already complies with GDPR standards
For clarification:
Lawful Basis for Processing:
(a) Consent: Each member must give clear consent for us to process their personal data to subscribe or purchase products and services from MemberGate
(b) Contract: As an eCommerce, site the processing of personal data is necessary for contractual delivery of products and services
(c) Legal obligation: The processing of data is necessary for MemberGate to comply with the law
How We Use Your Data:
1 Personally identifiable data is requested to process subscriptions and other payments
This is encrypted and held, securely by our authorised payment gateway: Stripe.com
We do NOT hold credit card information
2 Personally identifiable data sent to us via forms on our site is always secured using the latest encryption - currently TLS 1.2
3 Personally identifiable data is stored on our secure database and is used to allow us to identify, service and support our subscribers and buyers
4 Personally identifiable data is retained to meet legislative and tax reporting and investigation requirements
5 Subscribers can instantly and at any time access and manage their personally identifiable record by navigating to 'Manage Your Account' link on the footer of every page.
Your account history is portable as it can be exported in a CSV format
6 Subscribers have the right to withdraw permission which they can do by clicking on the unsubscribe link in our communications or using the Contact Page
7 Subscribers have the right to be forgotten which they request by email using the Contact Page
(Data will be deleted as permitted by legislative requirements)
If you cannot meet these requirements, then DO NOT SUBSCRIBE
To protect your personal data, you have to do your part:
1 You must not share your login credentials with ANY third party
2 You must use a 'strong' and 'unique' password
3 You must secure your email account at all times
4 You must tell us if someone hacks your email account, so we can take immediate action to protect your data
5 You must be over 18
Terms of Use
We invite our Guests, Members and Subscribers to enjoy all the features this site has to offer. But we must require that everyone abides by certain rules so that no one's rights are stepped on.
Failure to abide by these rules can result in immediate termination of access to this site, without refund or recourse.
Terms of Use
- Do not share your
logon passwords anduser name .
Our system is designed to detect thisimmediately, and suspend any account where more than one person signs on using the same username and password. - Do not reprint, republish, repost, or otherwise distribute or transmit content or images presented on this site. Downloading is easy, but just because you may be able to copy our content doesn't mean you own it. Unauthorized use of or copying of our content, trademarks, and other proprietary material can subject you to civil or even criminal liability.
Please don't violate our copyright. - No advertising, trading of goods or services, or other commercial use is allowed except in classified ad forums. No bulk e-mail, junk mail or spam, chain letters, or repeat postings of the same message is permitted anywhere on the forums.
- Please use your own name when posting to the discussion forums. Do not impersonate anyone else.
- Treat other subscribers with courtesy and respect when posting messages to the discussion groups. No unnecessary name calling or abuse toward any subscriber is allowed.
- Please avoid shouting (using all capital letters) in the discussion forums.
- Do not use vulgarity, obscenity, profanity, ethnic slurs, hate speech, or sexually explicit language, or harass, abuse, or threaten other subscribers in the discussion forums. Do not libel or defame others. This site strongly disapproves flaming.
- When you post content in the discussion forums, you permit this site to display and distribute the
content, and to use it for advertising and promotion. You grant to this site the complete, perpetual, but non-exclusive right to use, reproduce, modify, adapt, translate, distribute, sub-license, etc. the content in whole or in part, throughout the world and universe, on a royalty-free basis.
We do not try to edit or to monitor messages posted on the discussion forums, but we reserve the right to edit or remove objectionable postings. The person posting a message is solely responsible for it, not this site. Violators may be permanently banned from using theforums, or even have their subscriptions terminated.
Copyright and Trademark Law
All editorial content and graphics on this site are protected by U.S. copyright and international treaties and may not be copied or re-used without the express written permission of this site, which reserves all rights
Privacy
Overview
We are strongly committed to safeguarding consumer privacy on our Web site. We operate under the following set of strict privacy principles:
The only information we obtain about our members is information we need to process credit card charges for membership fees.
That information is never sold, traded or bartered
Personally identifiable information provided by members (name, e-mail or home address, etc.) is never disclosed to anyone.
Login Cookie
Each time a member logs into our site, we store a temporary "cookie" in the browser files of the member computer.
This cookie is used during your online session to allow you secure access to the member's area, without repeatedly requiring you to re-enter your username and password.
Whenever you log off or leave the site, the cookies file is automatically removed.
External Links
In order to provide visitors with greater value, some of our pages may provide links to various
However, keep in mind that many sites do attempt to capture visitor information when you browse those sites. Once you leave our site, we are not able to alert you should another site attempt to gather information from your browser.
Private Forums
We provide our members with a multi-tiered message board that makes sharing information with other members easy. To protect your privacy when posting or replying to messages
However, remember that any information that you disclose in the message board areas can be read by all other members, so exercise caution when deciding to disclose your personal information.
Security
Our
Choice/Opt-In
Our site gives users the opportunity to opt-in to receive communications from us. You can be assured that we never reveal, sell, or make available your email address to anyone for any purpose. This site also gives users the following options for removing their information from our database in order to stop receiving communications or our service.
Limitation of Liability
THIS SITE PROVIDES THE INFORMATION, SERVICES AND PRODUCTS ON THIS WEBSITE "AS IS" WITHOUT WARRANTIES OF ANY KIND. YOU ALSO AGREE THAT THIS SITE SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THIS SITE FORUMS AND THAT YOUR USE OF THIS SITE FORUMS AND ANY DOWNLOADING OF MATERIALS FOUND ON OR THROUGHOUT THIS SITE FORUMS IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER OR DATA THAT RESULTS.
ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED TO THE FULL EXTENT PERMITTED BY LAW. THIS SITE DOES NOT WARRANT THAT THE USE OF PERFORMANCE OF THIS WEBSITE WILL BE TIMELY, UNINTERRUPTED OR FREE OF ERROR, OR THAT THIS WEBSITE OR ITS SERVER WILL BE FREE OF VIRUSES. IN NO EVENT SHALL THIS SITE, ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY LOSS OR INJURY, DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING FROM THE USE OR PERFORMANCE OF THIS WEBSITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEBSITE, EVEN IF THIS SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT APPLICABLE LAW PREVENTS THE EXCLUSION OF LIABILITY FOR CERTAIN WARRANTIES, SUCH EXCLUSION DOES NOT APPLY TO YOU TO THE EXTENT LIMITED BY LAW.
If you have questions regarding our Terms Of Service, feel free to let us know, using our Contact Page
MemberGate uses cookies to enhance viewer experience, personalise viewer experience and to analyse our traffic
Here is a list of the cookies in use and their function
Each time a member logs into our site, we store a temporary "cookie" in the browser file of the computer, mobile or
This cookie is used during your online session to allow access to the member's area, without repeatedly requiring you to re-enter your
You can remove these cookies at
Your consent applies to the following domains: MemberGate.com
In order to provide visitors with greater value, some of our pages may provide links to various
However, keep in mind that many sites do attempt to capture visitor information when you browse those sites. Once you leave our site, we are not able to alert you should another site attempt to gather information from your browser.
We provide our members with a multi-tiered message board that makes sharing information with other members easy. To protect your privacy when posting or replying to messages
However, remember that any information that you disclose in the message board areas can be read by all other members, so exercise caution when deciding to disclose your personal information.
Our Website has multiple security measures in place to prevent the loss, misuse and alteration of the information under our control.
We employ strict security measures to safeguard online transactions; personal information is stored in a secured database and always sent via an encrypted Internet channel
Our site offers the opportunity to opt-in to receive communications from us
You can be assured that we never reveal, sell, or make available your email address to anyone for any commercial purpose.
Each message we send includes the option for cancelling and removing your information
We invite our members to enjoy all the features this site has to offer. But we must require that members abide by certain rules so that no one's rights are stepped on.
Member Rules
- All members will treat other members with courtesy and respect when posting messages to the discussion groups. No unnecessary name calling or abuse toward any member is allowed.
- No profanity shall be posted in messages to the discussion group. Members who post messages with profanity or obscenity will have their membership terminated.
- No sharing of member logon passwords and
user names . Our system is designed to detect thisimmediately, and suspend any account where more than one person signs on using the same username, password. - No reprinting, republishing reposting or redistribution of information, images, etc., presented on this site, to any other site. Doing so
is violation of our copyright
Failure to abide by these rules can result in immediate termination of membership without refund and further legal action as required
Data Breach Policy
- Every care is taken to protect personal data from incidents (either accidentally or deliberately) to avoid a data protection breach
- This Policy sets out the procedure to be followed to ensure a consistent and effective approach is in place for managing data breach and information security incidents
- This Policy relates to all personal and sensitive data held by MemberGate Limited, regardless of format
- This Policy applies to all staff
- For the purpose of this Policy, data security breaches include both confirmed and suspected incidents
- An incident in the context of this Policy is an event or action which may compromise the confidentiality or integrity of personal data, either accidentally or deliberately
- An incident includes but is not restricted to, the following
- Loss or theft of personal data or equipment on which such data is stored (e.g. loss of
laptop , USB stick, iPad/tablet device, or paper record) - Equipment theft or failure
- Unauthorised use of, access to or modification of data
- Attempts (failed or successful) to gain unauthorised access to personal data
Unauthorised disclosure of personal data- Hacking
- Human error
- Phishing
- Loss or theft of personal data or equipment on which such data is stored (e.g. loss of
- All staff members are responsible for reporting data breach and information security incidents immediately to the Managing Director
- If the breach occurs or is discovered outside normal working hours, it must be reported as soon as is practicable
- The report will include full and accurate details of the incident, when the breach occurred (dates and times), who is reporting
it, if the data relates to people, the nature of the information, and how many individuals are involved - The Managing Director will first determine if the breach is still occurring and take the appropriate steps to minimise the effect of the breach.
- An initial assessment will be made by the Managing Director and with relevant staff members to establish the severity of the breach
- The Managing Director will determine the suitable course of action to be taken to ensure a resolution to the incident
- An investigation will be undertaken by the Managing Director immediately and wherever possible within 24 hours of the breach being reported
- The Managing Director will investigate the breach and assess the risks associated with it, for example, the potential adverse consequences for individuals, how serious or substantial those are and how likely they are to occur.
- The investigation will take into account the following:
- the type of data involved
- it's sensitivity
- the protections in place (e.g. encryptions)
- what's happened to the data eg, has it been lost or stolen
- whether the data could be put to any illegal or inappropriate use
- who the individuals are, number of individuals involved and the potential effects on those data subject(s)
- whether there are wider consequences to the breach
- The Managing Director will report the incident to the Information Commissioner's Office within 72 hours
- The Managing Director will report the incident to the MemberGate Client within 72 hours and will coordinate notification to the members affected
- Notification to the individuals whose personal data has been affected by the incident will include a description of how and when the breach occurred and the data involved. Specific and clear advice will be given on what action has already been taken to mitigate the risks
- The Managing Director must consider notifying third parties such as the police, insurers, bank and credit card companies
- Once the incident is contained, the Managing Director will carry out a full review of the causes of the breach; the effectiveness of the response(s) and instigate corrective action to systems, procedures and controls to minimise the risk of similar incidents occurring
License & Terms Of Service
These "Terms Of Service" (TOS) apply "MemberGate", "MemberGate Software", "MemberGate SaaS" and form part of the License to use MemberGate Software
MemberGate operates as a Software As A Service
Licensees agree to the TOS of the MemberGate SaaS Subscription as part of the License
The License is valid only while the subscription is current
Support is only available to MemberGate SaaS sites using Tokenized Payments -
all earlier versions are unsupported and are deemed INSECURE
MemberGate does not support sites that store credit card information
MemberGate does not accept license requests for Hate, Racist, Porn, and other similar objectionable sites
Software License
This agreement is legally binding between:
a) MemberGate Limited, (the “Licensor”) with a principal place of business at The Old Barn Anchorage Lane Sprotbrough, West Yorkshire DN5 8DT United Kingdom
and
b) The subscribing publisher or publishers (the "Licensee") located at the address and using the URL specified on the online order form.
By completing the "Terms Of Use" checkbox at the foot of the Order Form, the Licensee has acknowledged reading this agreement and further agrees to be bound by this legal agreement.
LICENSOR'S SOFTWARE IS COPYRIGHTED AND LICENSED (NOT SOLD). LICENSOR DOES NOT SELL OR TRANSFER TITLE OF THE LICENSED SOFTWARE TO THE LICENSEE.
THE LICENSE OF THE LICENSED SOFTWARE WILL NOT COMMENCE UNTIL THE SUBSCRIPTION HAS COMMENCED AND AN AUTHORIZED REPRESENTATIVE OF LICENSOR HAS RECEIVED, APPROVED, AND EXECUTED THE INSTALLATION OF THE SOFTWARE.
1. Definitions:
(a) “Software” means the computer program MemberGate Content Publisher and documentation for MemberGate Content Publisher. (b) “Install” means placing the Software on a
2. Grant of Rights:
Licensor hereby grants to Licensee, and Licensee accepts, a
Licensee agrees that Licensee will not modify the Software. No efforts to modify the Software may be made by any person under Licensee's authority or control. If Licensee modifies the Software, this License is automatically terminated.
Licensee may make a copy of the Software for backup purposes. Any such copy of the Software shall include Licensor's copyright and other proprietary notices. Except as authorized under this paragraph, no copies of the Software or any portions thereof may be made by Licensee or any person under Licensee's authority or control.
3. License Fee Options.
The Licensee can choose between two payment preferences:
a) Subscription
In the event the Licensee chooses the subscription option, then Licensee agrees to pay Licensor the prevailing subscription fee as listed at the time on the MemberGate payment form with a minimum
i) This includes creation, installation and set up of the databases, latest version of the software code-base, ongoing updates, enhancements, bug fixes and support.
ii) Depending on the plan chosen, it may include site Hosting and Security Certificate.
iii) Depending on the plan chosen, it may include bonus items as listed on the subscrption form
iv) Unless expressly stated, it does not include custom design or custom coding or other customisation, which is charged for separately
v) Errors and Omissions Excepted
b) License Fee
If a Licensee wishes to purchase a License up-front, to reduce the ongoing subscription this is a $4,995 option
Licensee agrees to pay Licensor the license fee set forth in this agreement, a sum of Four Thousand Nine Hundred and
After 12 months of updates and support, Licensee will pay the Support fees for continued support and updates - $36 per month
Support
Support is only available by subscription - Software as a Service (SaaS)
Monthly or Annual Subscriptions are for the period following the payment
Subscriptions are non-refundable
There are no holiday periods for support subscription
E&OE
Taxes
4. License Term:
This License Agreement is effective upon Licensee's payment of the License or Subscription.
This License Agreement remains in force until Licensee stops subscribing or until Licensor terminates this License because of Licensee's failure to comply with any of its terms and conditions.
5. License Termination:
In the event Licensee fails to comply with any obligations under this Agreement, breaches any term and condition hereunder, or fails to make any payment to Licensor when due, Licensor shall have the right, without notice, to terminate or suspend Licensee's license to the Software (without limiting Licensor's rights and remedies hereunder or under applicable law).
Licensee can terminate the Agreement at any time after 3 months minimum subscription (see 3a)
6. Return of Software Upon Termination:
Upon termination of this License, Licensee shall return to Licensor the original and all copies of this Software including partial copies and modifications. Licensor shall have a reasonable opportunity to conduct an inspection of Licensee's place of business or
7. Limited Warranty:
Licensor warrants, for Licensee's benefit alone, that the Software conforms in all material respects to the specifications for the current version of the Software as on the date of this License Agreement as set forth in writing in the User Documentation. This warranty is expressly conditioned on Licensee's observance of the operating, security, and data-control procedures set forth in the User's Manual included with the Software. THE SOFTWARE IS PROVIDED “AS IS.” LICENSOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED PROMISES, REPRESENTATIONS, AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ITS CONDITION, ITS CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, ANY NEGLIGENCE, AND ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE.
8. Limitation of Liability:
LICENSOR'S SOLE OBLIGATION OR LIABILITY UNDER THIS AGREEMENT IS, IN LICENSOR'S SOLE DISCRETION, (I) THE REPAIR OR REPLACEMENT OF THE SOFTWARE ACCORDING TO THE LIMITED WARRANTY ABOVE, OR (II) THE RETURN TO THE LICENSEE OF THE LICENSE FEE PAID TO LICENSOR FOR THE USE OF THE SOFTWARE. IN NO EVENT SHALL LICENSOR'S CUMULATIVE LIABILITY TO LICENSEE OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE LICENSE FEE PAID TO LICENSOR FOR THE USE OF THE SOFTWARE.
IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOST PROFITS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR ADDITIONALLY DISCLAIMS ALL OBLIGATIONS AND LIABILITIES FOR ATTORNEY FEES AND COURT COSTS ARISING FROM OR IN CONNECTION WITH THE USE OF THE SOFTWARE LICENSED UNDER THIS AGREEMENT.
9. Proprietary Protection:
Licensor has and shall continue to have sole and exclusive ownership of all right, title, and interest in and to the Software and all User Documentation, and all modifications, updates, and enhancements thereof (including, without limitation, ownership of all trade secrets, patent rights, and copyrights pertaining thereto), subject only to the limited license expressly granted to Licensee herein by Licensor. This License Agreement does not provide Licensee with title or ownership of the Software, but only a right of limited use.
10. Non-Payment Grace Period:
If the licensee's subscription is 21 days (or more) past due, the Licensor reserves the right to suspend the service and access to the site.
Upon suspension of the site, the licensee will have the opportunity to reactivate the account by paying for the past due amount, in addition to a $249 reinstatement fee.
11. Non-Payment Termination:
In the event the licensee's monthly payment is 46 days (or more) past due, the Licensor has the right of termination of this agreement as well as removal of all files, software and data from the licensee's site.
Such removal is irrevocable
12. BackUp:
The
13. Restrictions:
The Software may only be used in accordance with the use and number specifications and restrictions set forth in Section 2 above. Any use of the Software not permitted by this Agreement is expressly prohibited. Licensee may not use, copy, modify, or distribute the Software (electronically or otherwise), or any copy, adaptation, transcription, or merged portion thereof, except as expressly authorized by Licensor. Licensee may not reverse assemble, reverse compile, or
14. Licensor's Right Of Entry:
Licensee hereby authorizes Licensor to enter Licensee's web site in order to inspect the Licensed Software in any reasonable manner in order to verify Licensee's compliance with the terms hereof.
15. Injunctive Relief:
Licensee acknowledges that, in the event of a breach of any of the terms and conditions contained herein, Licensor will not have an adequate remedy in money or damages. Licensor shall, therefore, be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request. Licensor's right to obtain injunctive relief shall not limit its right to seek further remedies.
16. Trademark:
“MemberGate®” and “MemberGate Content Publisher™”, are trademarks of Licensor.
No right, license, or interest to such trademarks
17. Governing Law:
This License Agreement shall be construed and governed in accordance with the laws of the United Kingdom.
In any dispute arising out of this Agreement, the parties each consent to the exclusive personal jurisdiction and venue in the courts of the United Kingdom, England
18. Costs of Litigation:
If any action is brought by either party to this License Agreement against the other party regarding the subject matter hereof, Licensor shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation from Licensee in the event that the Licensor is the prevailing party.
19. Severability:
Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
20. No Waiver:
The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. If any provision of this License Agreement is inoperative or unenforceable for any reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions contained in this license agreement invalid, inoperative, or unenforceable to any extent whatsoever. The invalidity of any portion of this License Agreement shall not affect the remaining portions of this License Agreement.
21. Governmental Licensees.
If Licensee is an agency of the U.S. Government, the following will apply: The Software has been developed entirely at private expense, is regularly used for non-governmental purposes and has been licensed to the public. The Software is a “commercial item” as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of “commercial computer software” and “commercial computer software documentation” as those terms are used in 48 C.F.R. 12.212 (Sept. 1995) or as “commercial computer software” as that term is defined in 48 C.F.R. 252.227-7014 (June 1995) or any equivalent agency regulation or contract clause, whichever is applicable. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government agencies acquire only those rights to the Software as are expressly set forth herein.
22. Integration:
THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF LICENSOR'S OBLIGATIONS AND RESPONSIBILITIES TO LICENSEE AND SUPERSEDES ANY OTHER PROPOSAL, REPRESENTATION, OR OTHER COMMUNICATION BY OR ON BEHALF OF LICENSOR RELATING TO THE SUBJECT MATTER HEREOF. IF PURCHASING BY CREDIT CARD, LICENSOR'S CHARGE WILL APPEAR AS "
23 Fair Use:
Software hosting is provided on a 'Fair Use' policy
Any site which exceeds the resources allocated to it will be invited to increase their allocation or transferred to an alternate host at the Licensees cost
24 Sale & Exit:
To allow for business sales and exits, licensees can apply for a License Transfer or subsequent license
MemberGate reserves the absolute right to protect it's brand and good business name and therefore such an application is not guaranteed (MemberGate does not accept license requests for Hate, Racist, Porn and other similar objectionable sites)
25 Survival.
All provisions of this License Agreement relating to disclaimers of warranties, limitation of liability, remedies or damages, and Licensor's proprietary rights, shall survive any termination hereof.
LICENSEE ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS.
Licensee: The MemberGate Licensee Licensor: MemberGate Limited
Company No: 09804078
By: Licensee / Subscriber
Date: Payment of License / Start of the subscription Date: 01/01/2016
MemberGate Support Services
Support is only available for one version SaaS sometimes called 'infinity' and is only provided to active subscribers
Older versions of MemberGate are not supported for security reasons
Older licenses are accepted and can be used to apply for beneficial 'Grandfathered' rights
Lapsed subscribers will first have to make good their delinquent account to gain SaaS support, updates, bug-fixes etc
There are no holiday periods for support subscription
License owners SaaS subscription fees are discounted - currently $40 per month (Grandfathered rights)
1 Email Only - [email protected]
The MemberGate team provide support using a "HelpDesk"
Emails to the HelpDesk are converted and stored in a ticket system which allows us to collaborate and progress the ticket to a resolution
We have team members in several time zones and because of this we typically respond to tickets on the same day
Sometimes we have to collaborate to find the answer to the issue
Sometimes we have to reach out to other agencies
Sometimes we have to code a solution
Sometimes there isn't a fix!
We can't support third-party software - Not all software palys nice!
2. Support Priority
In our 20 years of providing support to sites around the world, we have accumulated a great deal of experience
We apply that experience to reduce support
Support takes up your time and ours
The more we can remove the interruption, the better for you, your members, and other licensees
Sites powered by MemberGate software are often the sole income stream of the Licensee
Therefore, Support is prioritized by the commercial effectiveness of the software
Whilst we recognize certain business practices place people in stressful situations - (eg...that image placement is vital and the brand manual specified font color is crucial, etc) ...we ask that you understand and acknowledge that we will prioritize our support in the following manner:
Emergency :: Urgent :: Standard
1) EMERGENCY
Site Access, Security and Payments are the only real emergencies
If your members can't access your site
Or someone has accessed an area they should not be able to ... then that's an emergency.
If someone can't join or buy, then that's an emergency too.
2) URGENT
If you can't
Refunds are also urgent - but not emergencies.
3) STANDARD
Everything else is Standard
3 No Phone Support
MemberGate does not provide phone support
This is mainly due to time zone differences and the inevitable 'phone-tag'
It is also due to the fact we may not be at our workstation with the tools to handle a support call
It is also because we will often need a url, screen-shot, example or other detail which cannot be shared over a phone
It is also a massive waste of time... and expense!
And is a somewhat selfish expectation
Instead...
4 Better Than Phone Support
Help Today - Teach for Tomorrow
When we resolve a Support Ticket, we review it to see if we can provide a solution for all sites:
1 Is it going to affect other sites?
2 Can a code solution remove it forever?
4 Will a guide or tutorial help prevent or resolve it?
The best support is to remove the issue - which we can do as we now have only support one version of MemberGate
The next best is to create a guide or tutorial - this is accessible only to members of Membergate.com
Licensees and their teams can access the guide at any time which is convenient for them
It is quicker to type a search for the issue in Google or on MemberGate.com, than to type the issue in an email and wait for us to access it...!
MemberGate offers additional resources and services in the Shopping Cart
:: All cart sales are non refundable ::
No Refunds
The cart items are for individual services and require hands-on dedicated skilled team members to create, set-up, install and check
Prices in the cart reflect the time required to provide the servive and as that time can only be provided once, therefore, there are no refunds
Do not order if you do not accept these terms
SSL installation
Sites that are not hosted by MemberGate, SSL installation service and expiry monitoring
Themes
Theme Installation Service
Themes are available freely in the Theme Library and each has a Do It Yourself option with an easy to follow tutorial
The Installation and Set-up Service is a cart item
Theme Design
New designs are regularly added to the Theme Library and requests to add themes the queue are welcome
Requesting a FastTrack for a particular design to be added to the Library, is a cart item
Requesting a Custom Design which is to be exclusive and so not added to the Library, is a cart item
Landing Pages / Custom Home Pages / Custom Page Design
Page Installation Service
Landing Pages are available freely in the Landing Page Library and each has a Do It Yourself option with an easy to follow tutorial
The Installation and Set-up Service is a cart item
Page Design
New Pages are regularly added to the Landing Page Library and requests to add new designs to the queue are welcome
Requesting a FastTrack for a particular design to be added to the Library, is a cart item
Requesting a Custom Design which is to be exclusive and so not added to the Library, is a cart item
Design Services
Custom designs, logos, favicons, graphics, banners, animations, videos are cart items
Design is subjective and our design crew works hard to match client requirements
We have a 'fair use' policy on design iterations and designers time
Clients must respond in 2 business days to an iteration and request for feedback
MemberGate will respond in 2 buinsess days to client feedback
NB - There are other design service providers who can create graphics, logos, videos, themes, landing pages, favicons, animations etc etc - we do not monopolise these services
Coding
Custom coding is a cart item - but as it takes time, there is a non-refundable research fee to review the the applicability of the request
Other
If you have questions regarding our privacy policy, feel free to let us know, using our Contact Page