Terms & Conditions

SecureOffice User Terms and Conditions of Use

1. You will not publish any content that is of an obscene or illegal nature.

2. You will be responsible for the content you publish, including obtaining the legal permission for any works they include and ensuring that the contents do not violate English law.

3. You will be held responsible for and accept responsibility for any confidential, secret or other proprietary content you publish.

4. You agree to indemnify and hold harmless SecureOffice Limited (“SecureOffice”) for any loss, costs, expenses or damage resulting from your misuse of the service including but not limited to the publishing of any obscene, illegal, offensive or defamatory content by you.

5. SecureOffice shall not be held liable to you or any third party for any of the following:

5.1 Suspension of service due to any fault, technical failure or other problems whatsoever with SecureOffice's servers or any other equipment;

5.2 Suspension of service due to essential modification or to carry out essential maintenance;

5.3 Suspension or cancellation of service due to circumstances beyond SecureOffice's reasonable control;

5.4 Any pornographic, obscene, sexually explicit, defamatory or illegal content published by you or any other user of the service.

5.5 Loss of data. While SecureOffice does ensure that the data is backed up, users are responsible for retaining copies of their own data on their own computer systems.

5.6 Delay or failure due to:

• Act of God, explosion, flood, tempest, fire or accident;
• War or threat of war, sabotage, insurrection, civil disturbance or requisition;
• Acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
• Import or export regulations or embargoes;
• Strikes, lock outs or other industrial actions or trade disputes (whether involving employees of SecureOffice or of a third party);
• Power failure or breakdown in machinery;
• Obscene, pornographic, defamatory, illegal or inappropriate content published by you or a third party.

6. SecureOffice has no control over any links published by users and accepts no liability whatsoever for any loss, costs, expenses or damages arising from the use of links by you or any other third party.

7. SecureOffice reserves the right to make any modifications or changes to services as it deems necessary.

8. SecureOffice reserves the right to vary these conditions of use at any time and without prior notice.

9. By using this service, you will be deemed to have agreed to and accepted these terms and conditions of use.

10. Acceptable Use Policy for Email ("AUPE")

10.1 SecureOffice does not tolerate, endorse or participate in e-mail spamming. Sending unsolicited commercial e-mail is prohibited. We cannot authorise bulk e-mailing (“junk mail” or “spam”) of any kind (commercial advertising, political tracts, announcements) etc.

10.2 It is also explicitly prohibited to allow others to send unsolicited bulk e-mail messages either directly or by relaying through the User's systems. For the avoidance of doubt, Users must ensure that their systems cannot be relayed through. Users may not forward or propagate chain letters nor malicious e-mail.

10.3 Using a SecureOffice email address to collect responses from unsolicited commercial e-mail is prohibited.

SecureOffice Customer Terms and Conditions

This Agreement is made between you (referred to as “You” and “Your” as appropriate) and SecureOffice Limited (referred to as “SecureOffice”). By using the SecureOffice service you accept the terms set out herein and agree to be bound by those terms and the adequacy and sufficiency of them is hereby acknowledged by You and SecureOffice.

1. Service

1.1 SecureOffice agrees to provide you with the services (the “Services”) [selected by You from those set out on the Website] in accordance with the terms of this Agreement.

2. Payment

2.1 You agree to pay SecureOffice the fees [as set out on the Website] or as notified to you from time to time by SecureOffice (the “Fees”). These fees cover a one month, three months, 12 month or 24 month period [selected by You from those set out on the Website].

2.2 Usually payments are made through the SecureOffice payment system, using client credit card details. You may pay the Fees annually in advance by invoice. You agree to pay those Fees within 14 days of the date of such invoice. SecureOffice shall not commence provision of the Service until such time as payment of the Fees is received as cleared funds.

2.3 In the event that payment is not made for any reason then SecureOffice reserves the right to:

2.3.1 immediately suspend provision of the Service;

2.3.2 charge You interest (if You are a business and have requested that you be invoiced) on any overdue amounts calculated on a daily basis at a rate of 4% above the base rate of [Lloyds TSB Bank] in force from time to time until payment is received.

3. Right to cancel

3.1 Within 31 days after signup client has the right to unconditionally cancel this agreement. Notification is done in writing or by email.

3.2 In the event of cancellation in accordance with clause 3.1. and after the trial period an cancellation is not possible.

4. Your indemnity

4.1 You agree to indemnify and hold harmless SecureOffice for any loss, costs, expenses or damage resulting from Your use of the Service including but not limited to any obscene, offensive or distasteful content displayed on the Website by You.

5. Your insolvency

5.1 This clause applies if:

5.1.1 You make any voluntary arrangement with Your creditors or (being an individual or firm) You become bankrupt or (being a company) You become subject to an administration order or go into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or

5.1.2 an encumbrancer takes possession, or a receiver is appointed, of any of Your property or assets; or

5.1.3 You cease, or threaten to cease, to carry on business; or

5.1.4 SecureOffice reasonably apprehends that any of the events mentioned above is about to occur in relation to You and notifies You accordingly.

5.2 If this clause applies then, without prejudice to any other right or remedy available to SecureOffice, SecureOffice shall be entitled to cancel this Agreement or suspend any further provision of the Service under this Agreement without any liability to You, and if the Service has been provided but not paid for, the Fees shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

6. Intellectual property

6.1 Any and all rights in relation to the Website and Service and any trademarks, copyright or other information displayed on it (except for any logos or other content specifically provided by You) shall be and remain always the property of SecureOffice and neither You nor any third party may use, copy, reproduce, download or alter any of those trademarks, copyright or other information without the prior written consent of SecureOffice.

6.2 You agree to be bound and abide by any and all copyright or trademark notices, policies or restrictions set out on the Website from time to time.

6.3 You agree to notify SecureOffice in the event that you become aware of any actual, threatened or potential breach of any of SecureOffice’s intellectual property rights.

7. Liability

7.1 SecureOffice shall not be liable for any of the following:

7.1.1 suspension of the Service due to any fault, technical failure or other problems whatsoever with SecureOffice’s servers or any other equipment;

7.1.2 suspension of the Service due to essential modification to the Website or to carry out maintenance;

7.1.3 suspension or cancellation of the Service due to circumstances beyond SecureOffice’s reasonable control;

7.1.4 any pornographic, obscene, sexually explicit or harassing information posted on the Website by You, Your agents or employees (where appropriate), or any other user of the Website.

7.1.5 loss of your data. Your data stored on SecureOffice’s servers is a copy of data stored on Your or Your clients computers and it is not SecureOffice’s responsibility to keep copies of this data, although SecureOffice does ensure that the data is backed up daily and maintains a restore service for this eventuality.

8. Termination

8.1 Either You or SecureOffice may (without limiting any other remedy You or SecureOffice may have) at any time terminate this Agreement by giving written notice to the other if the other commits any material breach of this Agreement and (if capable of remedy) fails to remedy the breach within 30 days after being required by written notice to do so, or if the other goes into liquidation, or (in the case of an individual firm) becomes bankrupt, makes a voluntary arrangement with his or its creditors or has a receiver or administrator appointed.

8.2 Subject to clause 8.1 above, either party may terminate this Agreement after the initial 12-month period by giving the other not less than 30 days notice in writing to the other.

9. Links

9.1 SecureOffice has no control over any links set out on the Website and as such accepts no liability whatsoever for any loss, costs, expenses or damages arising from the use of such links by You or any other third party.

10. Fair Usage Policy

10.1 The Public Folder functions of the SecureOffice service are subject to a fair usage policy. In the event that usage is consistently excessive, or adversely impacts our network and/or other SecureOffice users, we reserve the right to remove Public Folder functions. SecureOffice defines excessive use as more then 1,000 sessions (visits) per month using a Pubic Folder username and password.

11. General

11.1 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected.

11.2 No waiver by SecureOffice of any breach of this Agreement by You shall be considered as a waiver of any subsequent breach of the same or any other provision.

11.3 This Agreement (together with any terms set out on the [Website]) constitutes the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.

11.4 SecureOffice reserves the right to make any modifications or changes to the Website or the Service as it deems necessary.

11.5 Nothing in this Agreement shall cause or be deemed to cause a relationship to exist between You and SecureOffice of employer and employee or of a partnership.

11.6 Any notice required or permitted to be given by either party to the other under this Agreement shall be in writing addressed to that other party at its home address, registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

11.7 A person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this does not affect any remedy or right of any third party which exists or is available apart from that Act.

11.8 This Agreement is governed by and shall be construed in accordance with the law of England and the parties hereby agree to submit to the exclusive jurisdiction of the English Courts.

12. Acceptable Use Policy for Email ("AUPE")

12.1 SecureOffice does not tolerate, endorse or participate in e-mail spamming. Sending unsolicited commercial e-mail is prohibited. We cannot authorise bulk e-mailing (“junk mail” or “spam”) of any kind (commercial advertising, political tracts, announcements) etc.

12.2 It is also explicitly prohibited to allow others to send unsolicited bulk e-mail messages either directly or by relaying through the User's systems. For the avoidance of doubt, Users must ensure that their systems cannot be relayed through. Users may not forward or propagate chain letters nor malicious e-mail.

12.3 Using a SecureOffice email address to collect responses from unsolicited commercial e-mail is prohibited.