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, 31A Church Road, Poole, Dorset. BH14 8UF.
These Terms and Conditions are supplementary to our Privacy Policy. Upon registering with our website, you should also read and accept our Privacy Policy.
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 and software.
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 3-month trial period you can opt into one of our payment plans on the Account Management page. Termination of your account should be given in writing so it can be archived 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 username 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 proofread 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 andwithout limitation text, video, photographs, graphics, audio, and competition entries whetherpublished 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 eachother electronically. You are therefore hereby consenting to allow us to send and receive electronicdata 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.
- PAYMENT
Payment Terms, following your initial trial period:
8.1 Pay As You Go Terms
i. Payment for Pay As You Go is invoiced monthly and payable by card.
ii. New Adjoining Owners are invoiced at £8.00+VAT each.
iii. You will not be charged for months where you have not used SurvPal.
iv. You can cancel/archive your subscription at any time, subject to payment of any balances due on your account.
v. Accounts with unpaid balances may be archived or deleted at the discretion of SurvPal. You will receive a 14-day grace period before your account is archived. Accounts will be re- instated upon payment.
8.2 Credit Pack Terms
i. Payment for Credit Packs is by debit/credit card.
ii. Any balance generated from Pay As You Go use must be cleared prior to purchasing Credit Packs.
iii. Credits expire 3-months after purchase. Unused credits do not roll over.
iv. You can buy multiple credit packs. Please note that expiry is 3-months from the date of purchase of each pack.
v. After credits have expired, use of SurvPal reverts to Pay As You Go unless you opt to purchase more credits.
vi. You will receive emails to remind you that your credits are expiring.
vii. No refunds are given for unused and expired credits.
8.3 General Payment Terms
i. Accounts can be cancelled/archived or deleted at your discretion.
ii. If you cancel your account, your account will be archived and you no longer have access to the system.
iii. You can re-activate your account at any time (as long as it has not been deleted) by renewing your subscription details to regain access to the system.
iv. Late payment may incur fees of the Bank of England’s interest rate plus 8%.
v. 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 inactive for more than 6 months may be archived at the discretion of SurvPal (and for GDPR compliance). You will be contacted prior to this and we will make reasonable attempts to contact you, using the contact information provided during registration, to confirm account usage prior to archiving your account.
9.2 Accounts inactive for more than 12 months may be deleted at the discretion of SurvPal (and for GDPR compliance). You will be contacted prior to this and we will make reasonable attempts to contact you, using the contact information provided during registration, to confirm account usage prior to deleting your account.
9.3 Archived accounts may be reinstated. Deleted accounts cannot be reinstated.
9.4 It is your responsibility to download any documents to your server prior to cancellation/archive of your account. SurvPal will not be held responsible for deletion of your data.
- 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.
- INDEMNIFICATION
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.
- UPDATES
13.1 These Terms and Conditions were last updated on 9 October 2024.
13.2 SurvPal Ltd reserves the right to change these terms and conditions and our pricing model from time to time and with reasonable notice. 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.