Hybrid User Agreement
Platform and summary of non-disclosure of the system
Hybrid CMS will contain modules required and to be used by you or permitted users.
- You must not copy or disclose any parts of the system to anyone including any third parties.
- You must keep the username and password secured. If you need this changed, you must inform us and do this by email on firstname.lastname@example.org
- The User or Client may not change, copy, duplicate, distribute, process, translate, make extracts of, transmit, add to other databases or make available to the public the Platform, the Website or their parts, or use the intellectual property rights concerning the Platform or Web Site in any other way without the prior written consent from the Tech ICS.
1.2. Operator Tech ICS is a software company based in London, UK. Registered office is Tech ICS, Unit 11, City Business Centre, Lower Road, London SE16 2XB. Company Registration Company No. 11624126.
1.3 Hybrid CMS An integrated cloud solution for the provision of the Services. This is also referred as the “system” or “platform”
1.5. User/You A natural person who uses the Platform and the Services in the name of and under the authorisation of Tech ICS.
1.6. User Account Each user within the Hybrid CMS will have their own access including username and password. They must be authorised for use by Tech ICS through the medium of payment. Each user is charged per month.
1.7. Appendix This contains what Services are available under the function.
2. GENERAL PRINCIPLES OF HYBRID CMS INCLUDING DATA PROCESSING
2.1. The Platform is an integrated software solution for the management of your legal cases. This allows you to act as a business application and case management.
2.2. The Operator will ensure that the system is available to the permitted User. If issues arise, the User will raise a support ticket as directed to https://support.techics.com and the issue to be resolved as soon as this is made aware. The Operator will inform and provide reasonable updates.
2.3. You must ensure that the data being inputted into the system does not contain any spams, links or any data that would create a malware. Users may not add any contents to the platform that contain viruses or other computer programs and files that damage or otherwise disrupt the regular functioning of the platform, or which are stored in the computers of the User, and disrupt or damage their normal functioning. The Client is responsible for ensuring it.
2.4. You agree to ensure that you do not copy any part of our system or ask the replication of our system. If this happens, Tech ICS will seek reasonable costs and you agree to this.
2.5. We monitor our systems to ensure there is no data theft. IP addresses are tracked.
2.6. You agree to duly observe all their respective obligations under the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and any other relevant applicable data protection regulations (together Data Protection Laws). Tech ICS do not take any responsibility of this obligation.
3. SET-UP COSTS, MONTHLY COSTS & TERMINATION OF THE CONTRACT
3.1. To set-up the Hybrid CMS, there may be a non-refundable fee and this depends on the type of application platform you are subscribing. The set-up fee may change depending on any further customisation requests or migration of files from another platform. This allows us to set-up the cloud server hosting, integrate the Hybrid CMS and create the login access. We usually set this up within 5 days however where delays happens, we will inform you.
3.2. The monthly costs are charged per month per User. This must be paid in advance prior to the months use. You must ensure that payment is made promptly to avoid disruption to your service and access to the Hybrid CMS.
3.3. The monthly costs are confirmed on our pricing page and this is based on per user, per month and in advance.
3.4. Our packages confirm the features as set out. Please check prior subscribing.
3.5. Our pricing is based on the specification.
3.6. The monthly costs per User will on a yearly basis will increase based on inflation, and costs on the server use as well as system upgrades. The monthly costs may increase on other factors. We will inform you in advance and at least in 1 month in advance.
3.7. If you intend to cancel the contract, you must give us in writing to email@example.com and provide 1 month notice. That notice starts from the next month of payment to avoid any confusion.
3.8. During the process of your cancellation, you will have the opportunity to take your business data. Depending on your data on the system, Tech ICS can extract the data and place on a suitable file type from the database for a small fee and will be confirmed at the time of the request.
3.9. Tech ICS (Operator) have a right to cancel this contract & stop the use of the system. We will give you advance 1 month notice. You have a right to take all the data and all data after this will be deleted off. The usual reasons of termination are as follows but this is not a complete list:
- You have submitted false information about yourself, or your business.
- The User is causing the Operator damage, either intentionally or due to gross negligence.
- The User is duplicating our system.
4. UPDATES AND ADDITIONAL MODULES
4.1. Tech ICS will ensure the platform is updated, managed and monitored. We shall constantly renew the mechanisms that serve as the basis for the functioning of the Platform in order to provide high-quality Services to the Users. To achieve that objective, the Operator may change the Platform and its components from time to time, as well as change the requirements for the software and hardware required to use the Platform and the Services provided via that Platform. The Operator shall notify the Users of the most important changes within a reasonable timeframe before they enter into force, taking into account the likely impact of the change on the Users.
4.2. Tech ICS will update the coding, the platform and ensure modules are updated. There will be downtimes of the system and will notify you as soon as possible. Outages will be kept minimal.
4.3. If the platform is down, and not accessible, you must inform us through our support page. We will ensure the system is up and running as soon as we can. We will inform you throughout the process.
4.4. Tech ICS has the right to temporarily restrict access to the Platform if it is necessary for amending, maintaining or updating of the Platform, due to replacement, changing, or maintenance works done by third parties, and other cases that emerge from the legal acts or decisions of competent authorities. The Operator shall inform the Users of the planned maintenance works via the Platform at least 2 working days in advance. In order to disrupt the use of the Platform as little as possible.
5. INTELLECTUAL PROPERTY
5.2. During the validity of the Contract, the Operator allows the Users to utilise the functionality of the Platform for its internal needs, in compliance with the Contract for the regular purpose for which the Platform is intended. The Operator does not give the User any other licences or rights and the User shall not obtain intellectual property rights to the Platform or the Web Site.
5.3. The User may not change, copy, duplicate, distribute, process, translate, make extracts of, transmit, add to other databases or make available to the public the Platform, the Website or their parts, or use the intellectual property rights concerning the Platform or Web Site in any other way without the prior written consent from the Operator.
5.4. The User also have no right to issue sub-licenses for the use of the Platform, the Web Site or their parts, or create new intellectual property objects based on them.
5.5. The Platform, the Web Site or any of their parts may not be sold, rented, licenced, interfaced with a system of the Client or third parties, or used by any programmes that overload or interfere with the work of the Platform or Web Site or distort the Contents, without the prior written consent from the Operator.
5.6. If we find that the User have given access to an unauthorised person, Tech ICS will seek compensation & the User accept the costs depending on what the unauthorised person have done.
6. RESTRICTION OF LIABILITY
6.2. To the extent permitted by applicable law, the Operator shall be liable only when it is culpable for its actions or omissions. The Operator’s total liability (including interest) for all claims connected with any violation of the Contract is limited to twice the fees payable under the Contract or the actual damages, whichever is the lesser. To the extent permitted by applicable law, the Operator shall not be liable before the User for the loss of profit, pure economic damage, or non-patrimonial damage, as well as other indirect, special, consequential, warning or punishing damages. The Operator shall also not be responsible for the damage and other consequences that have arisen due to the following reasons:
- The Hybrid CMS do not function in some web browsers.
- Adding of contents to the Platform by the User, which is not in compliance with or not used in compliance with the Contract, good practice or legislation.
- Data loss.
- Processing (by a User) of personal data added to the Platform, if it is not in compliance with the applicable Data Protection Laws.
- Changes that have taken place in legal acts and their interpretation, their impacts on the business activity of the Users, and reflection of the respective changes in the Platform, unless it is obligatory for the Operator under the legal acts or a court decision made regarding the Operator.
- Force majeure and other faults and disturbances that the Operator cannot affect, which prevent the Users from using the Platform, the Web Site and/or Services (e.g., interruptions in the internet connection, etc.); errors, damages or settings in the User’s devices that are inappropriate for the use of the Platform or Web Site.
- Delays, interruptions, or failures in the use of the Platform, the Web Site and/or the Services due to planned maintenance and/or development works.
- Processing of data by third parties to whom the Operator submitted the information with the consent of the User, except for sub-processors processing the personal data in the Contents.
- If the Operator becomes aware of a violation of law that was performed using the Platform or is still on-going, it shall eliminate it or restrict access to it, or take other active measures to end the violation of law or remove the consequences.
- The use of legal remedies by the Operator and the damage caused due to that to the User or a third party, even if it becomes evident later that there was no violation.
6.3. The User shall defend, indemnify and hold the Operator harmless from and against any liabilities, allegations, claims, actions, suits, demands, damages, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs), including to third parties, data subjects and any administrative sanctions and penalties imposed by any national or international authority or court, due to the Client’s infringement or breach (intentional or negligent) of its obligations as a data controller under this Contract or any Data Protection Laws.
7. APPLICABLE LAW AND SETTLEMENT OF DISPUTES
7.1. This Contract is governed by the laws of the UK.
7.2. If the User is not satisfied with the activities of the Operator, it has the right to file a complaint to the Operator. The Operator shall make efforts to settle the disputes by means of negotiations. Other contractual disputes between the User and the Operator shall also be sought to be settled by negotiations.
7.3. If the settlement of a complaint or other disputes by negotiation fails, it shall be resolved in the UK.
8. AGREEMENT & AUTHORISED SIGNATORIES
8.1. The User accepts this agreement once subscribed.
8.2. The User can also complete the following, by imprinting their digital or inked signature and their email with this, will make this agreement effective.
8.3. The Operator or Tech ICS are not required to sign this agreement.
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