SURVPAL TERMS AND CONDITIONS
SurvPal software is provided by SurvPal Ltd, a private limited company with registration number 9023744. The registered office for SurvPal Ltd is 56 Pelham Court, 145 Fulham Road, London. SW3 6SH.
The trading address for SurvPal is Upper Floors, 31 Church Road, Poole, Dorset. BH14 8UF.
By registering an account and using SurvPal, you agree to be bound by these Terms and Conditions.
Definitions for the purposes of these Terms and Conditions:
- You = a registered user of the SurvPal website
- We/us/our = SurvPal and employees of SurvPal Ltd
- Site = the SurvPal website (this included survpal.co.uk and secure.survpal.co.uk)
- User Content = content uploaded or input into SurvPal by you
- SCOPE AND TERM
1.1 This agreement shall commence on the date of user account registration.
1.2 At the expiry of your trial period your account will automatically renew and will remain active until you notify us otherwise. Termination of your account should be given in writing so it can be suspended or deleted as appropriate.
- ACCOUNT ACCESS
2.1 Access to the registration areas of the site is permitted on the basis that:
i. your email address and password are personal to you and may not be used by anyone else to access this site;
ii. you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of this site;
iii. you do not create additional registration accounts for the purpose of abusing the functionality of the site.
2.2 It is your responsibility to maintain the confidentiality of your password and you are responsible for all activity that occurs under your user name and password. We will not be liable should your password be used by someone else.
2.3 We reserve the right to cancel your account and to ban you from registering a new account if the security of your account is compromised in any way and for any reason.
2.4 You must not attempt to obtain access to the source code or attempt to interfere with the functionality, servers or network of SurvPal.
- LIMITATION OF LIABILITY
3.1 Although we will do our best to provide constant and uninterrupted access to this site, this cannot be guaranteed as issues may be out of our control. The site service is provided “as is” and on an “as available” basis.
3.2 In the event of loss or damage to User Content we will endeavour to restore it from the latest backup as soon as is practicable. There is a chance that the very latest data input by you may be lost.
3.3 We give no warranty that the site will be free of defects and/or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information. When you let us know of any faults, we will endeavour to rectify them as soon as is practicable.
3.4 We are not responsible for any third party content uploaded to SurvPal.
3.5 We accept no liability for any disruption or non-availability of the site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
3.6 We do not accept any liability, financial or otherwise, for the usage of this site. It is your responsibility to ensure that documents generated are both accurate and complete. You are advised to proof read all generated documents before using them.
3.7 We reserve the right to remove, edit or improve any functionality of the site, without notice and at our discretion. Any amendments made will consider any impact on User Content and the functionality of SurvPal.
3.8 We have no duty to moderate any content accessible in your SurvPal account; you are solely responsible for any User Content.
- ELECTRONIC INFORMATION EXCHANGE
4.1 For the purposes of these Terms and Conditions “User Content” means material including and without limitation text, video, photographs, graphics, audio, and competition entries whether published on this site or not and whether copyright of SurvPal Ltd or a third party.
4.2 Users, who are trialling or paying to use this site, are communicating with us and with each other electronically. You are therefore hereby consenting to allow us to send and receive electronic data including User Content between all parties accessing your project.
- INTELLECTUAL PROPERTY (IP)
5.1 Any User Content (for example logos, trademarks, brand names, company-styling etc.) supplied in order to tailor your SurvPal account settings shall remain vested in you and your company.
5.2 You grant us licence and royalty free use of User Content for the purposes of providing our site services.
5.3 By submitting User Content you warrant and represent that you are the author or you have acquired all of the appropriate rights and/or permissions to use the User Content in this fashion.
5.4 You indemnify us fully against any damages, losses and/or expenses incurred by us as a result of a breach of 5.3 by you.
5.5 We accept no responsibility or liability for any infringement of third party rights by such User Content.
5.6 We warrant that your use of the SurvPal IP will not breach any IP rights if used in accordance with these Terms and Conditions.
5.7 The contents of survpal.co.uk, are the property of SurvPal Ltd and may not be modified, copied or reproduced with the exception of uploading User Content in the secure user area.
5.8 You must not reproduce any part of this website or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated in writing that you may do so.
5.9 The design, arrangement, look and feel of this website are the copyright of SurvPal Ltd and may not be copied or otherwise reproduced.
5.10 The trademarks, trade names and logos displayed on this website are the property of SurvPal Ltd or other third parties. Users should not use these without our, or the relevant third party’s, prior written permission.
- SUPPORT SERVICES
6.1 Support services shall be provided on working days, Monday – Friday between 09.00-17.30. We endeavour to respond rapidly; however, we are unable to guarantee an exact time in how quickly we will respond.
- HOSTED SERVICE
7.1 survpal.co.uk is hosted by Digital Ocean and secure.survpal.co.uk is hosted by Microsoft Azure UK South, which is equipped with independent power, cooling and networking.
7.2 The aforementioned hosts both offer Service Level Agreements of 99.99% for server uptime.
8.1 Following your initial trial period, invoices will be generated on a monthly basis. All invoices are due for payment 14 days from the date of the invoice.
8.2 If you fail to make any payment due, we may suspend your account and it will be reinstated once payment has been made in full. In this event you will be unable to view any content within your account.
8.3 Late payment may incur fees of the Bank of England’s interest rate plus 8%.
8.4 We reserve the right to seek recovery of any monies unpaid via collection agencies or through court. In these cases, you will be charged for any additional administrative costs.
- DORMANT ACCOUNTS
9.1 Accounts unused for a period of 12 months may be suspended or deleted. We will however make reasonable attempts to contact you, using the contact information provided during registration, to confirm account usage prior to suspending or deleting your account.
9.2 Suspended accounts may be reinstated. Deleted accounts cannot be reinstated.
- GENERAL DISCLAIMERS
10.1 We do not guarantee that files made available for download are free from virus. It is your responsibility to ensure that your computer equipment has up-to-date virus protection and that any files you download are free of contamination.
10.2 We will not be held responsible for any damages of any kind arising from the use of this site.
10.3 Any automated emails sent by the site are intended solely for the addressee, are confidential and may contain legally privileged information. Any unauthorised use or dissemination is prohibited. Emails are susceptible to alteration, may not reach the intended recipient and may be sent to spam filters. Automated emails should not be solely relied upon to meet deadlines.
10.4 We make no warranty or representation that the site will:
i. meet your requirements;
ii. be of satisfactory quality;
iii. be fit for a particular purpose;
iv. not infringe on the rights of third parties;
v. be compatible with all systems;
vi. be secure and that all information provided will be accurate.
10.5 We make no guarantee of any specific results from the use of our site.
10.6 No part of this site is intended to constitute advice and the content of this site should not be relied upon when making any decisions or taking any action of any kind.
11.1 You agree to indemnify, defend and hold harmless SurvPal Ltd, its directors, owners and employees from and against all losses, expenses, damages, and costs including legal fees resulting from any violation of these conditions of use (including negligent or wrongful conduct) by you or your use and access of SurvPal.
- SEVERANCE, GOVERNING LAW AND JURISDICATION
12.1 If any provision of these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable such invalidity shall not affect the other provisions of these Terms and Conditions which shall remain in full force and effect.
12.2 These Terms and Conditions are governed by English law and the parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.
13.1 These Terms and Conditions were last updated on 24 October 2019 and may be varied from time to time. Please ensure that you review these Terms and Conditions regularly as you will be deemed to have accepted a variation if you continue to use the site after it has been posted.