Terms of Use

Terms used –

• Service means the provision of cuForms
• Client means organisations purchasing access to the system

Responsibilities

CU Forms Ltd responsibilities:

1. The provision of the Service will be the responsibility of CU Forms Ltd

2. Provision of the Service:

   1. CU Forms Ltd will provide the Service to The Client.

   2. Access to the Service will be provided to a single named point of contact.

   3. Access to the Service will continue each month after payment is made and until payments cease.

3. Support:

   1. cuForms is held in a secure hosted environment accessible to the end user via user name and password login.

   2. cuForms will be available to the end user 24/7 with a guaranteed uptime of 95%

   3. Telephone support will be available for maintenance and form design queries between 9:30am - 16:30pm Monday to Friday

   4. Maintenance errors will be dealt with within 24 hours of fault log

   5. Purpose designed forms may be purchased from £350 per form

The Client responsibilities:

1. The Client will operate The Service under a either a pre determined account

2. Accessing the Service:

   1. The Client Access will provide CU Forms Ltd with a single named point of contact.

3. Using the Service:

   1. Support queries are to be raised by email to support@cuforms.org.uk

   2. The Client will be responsible for the design and build of its forms unless purpose designed forms are purchased

   3.  The Client will be responsible for maintaining the security of passwords for accessing the Service

   4. The Client will pay by each month in advance to CU Forms Ltd 

4. Acceptable Uses

   1. The Client must use the Service in compliance with, and only as permitted by, applicable law.

   2. The Client are responsible for your conduct, Content, and communications with others while using the Service. The Client must comply with the following requirements when using the Service:

      1. The Client may not misuse our Service by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.

      2. The Client may not circumvent or attempt to circumvent any limitations that CU Forms Ltd imposes on your account

      3. Unless authorized by CU Forms Ltd in writing, you may not probe, scan, or test the vulnerability of any CU Forms Ltd system or network.

      4. Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Service, or attempt to do so.

      5. You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Service.

      6. You may not use the Service to infringe the intellectual property rights of others, or to commit an unlawful activity.

      7. Unless authorized by CU Forms Ltd in writing, you may not resell or lease the Service.

Intellectual Property

Intellectual Property Rights of the Service shall be owned, as between the parties to the Agreement, by CU Forms Ltd.

Data Protection

1. The Client undertakes to CU Forms Ltd that it will take all necessary steps to ensure that it operates at all times within the requirements of the Data Protection Act 1998 and, where requested in relation to the Service, The Client will assist CU Forms Ltd in discharging its obligations under the Data Protection Act 1998.

2. In respect of any Personal Data which is processed under or in connection this Agreement, the parties record their intention that The Client shall be the data controller and CU Forms Ltd will be a data processor.

Privacy

In the course of using the Service, you may submit content to the Service (including your personal data and the personal data of others) or third parties may submit content to you through the Service (your “Content”). We know that by giving us your Content, you are trusting us to treat it appropriately. CU Forms Ltd's Privacy Policy, together with any Service-specific data use policies, privacy statements and privacy notices (collectively, “privacy policies”), detail how we treat your Content and personal data and we agree to adhere to those privacy policies. You in turn agree that CU Forms Ltd may use and share your Content in accordance with our privacy policies.

Confidentiality

CU Forms Ltd will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including our privacy policies). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by CU Forms Ltd); (b) was lawfully known to CU Forms Ltd before receiving it from you; (c) is received by CU Forms Ltd from a third party without knowledge of breach of any obligation owed to you; or (d) was independently developed by CU Forms Ltd without reference to your Content.

Your Content

1. You retain ownership of all of your intellectual property rights in your Content. CU Forms Ltd does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Service, and as otherwise described in these Terms.

2. You grant CU Forms Ltd a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing the Service to you and as otherwise permitted by CU Forms Ltd's privacy policies. This license for such limited purposes continues even after you stop using our Service, though you may have the ability to delete your Content in relation to certain Service such that CU Forms Ltd no longer has access to it. This license also extends to any trusted third parties we work with to the extent necessary to provide the Service to you. If you provide CU Forms Ltd with feedback about the Service, we may use your feedback without any obligation to you.

3. The Service displays content provided by others that is not owned by CU Forms Ltd. Such content is the sole responsibility of the entity that makes it available. Correspondingly, you are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Service. CU Forms Ltd is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use content from the Service unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so.

Changes to Terms

1. CU Forms Ltd may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Service, and to account for new Services or functionality. Any changes will be notified in writing. Changes will be effective no sooner than the day they are sent. In order for certain changes to become effective, applicable law may require CU Forms Ltd to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using the Service, because by continuing to use the Service you indicate your agreement to be bound by the updated terms.

2. CU Forms Ltd may add, alter, or remove functionality from a Service at any time without prior notice. CU Forms Ltd may also limit, suspend, or discontinue the Service at its discretion. If CU Forms Ltd discontinues the Service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Service. CU Forms Ltd may remove content from the Service at any time in our sole discretion, although we will endeavour to notify you before we do that if it materially impacts you and if practicable under the circumstances.

Commencement, Termination and Variation

1. This Service Agreement shall come into force only after approval by:

2. CU Forms Ltd  – following the authorisation of this agreement by one of its Directors; and

3. The Client – following authorisation of this agreement by one of its Directors.

4. Commencement will begin on the 1st day of ­­­­­­­­­­­­­­­­­­­­­­­­each month and continue until terminated.

5. This Service shall remain in force until it is terminated upon a date to be agreed by both CU Forms Ltd and The Client.  Termination shall be automatic and not require a formal letter of notification.

6. Either CU Forms Ltd or The Client may choose unilaterally to terminate the Service  Agreement, but shall provide written notice of at least three months to the other party.

7. CU Forms Ltd and The Client agree to review, on a regular basis, the arrangements under which the Service  Agreement is operated.

8. Except in cases of urgency, CU Forms Ltd shall not suspend, terminate or vary the terms of the Service Agreement without first entering into consultation with The Client.

9. The Service Agreement shall be varied at once, and without need for consent of either CU Forms Ltd or The Client where such variation arises directly from a change in legislation. Both CU Forms Ltd and The Client shall notify one another in writing upon becoming aware of the need to vary for the reason mentioned within this paragraph.

10. Each party is required to provide in writing reasonable notice to the other party of any change to its organisation or ownership, including but not limited to, change of legal status, change of ownership, change of governance, change in financial status, change in financial stability, change to organisation structure, change of name and change of address.

11. In the event of any dispute emerging, the parties agree to solve the problem amicably and promptly between themselves.

12. Neither party may assign, delegate, sub-contract or change the Service Agreement or any part of it, without the prior written consent of the other party.

13. All right, title and interest in copyright and all other materials supplied by one party to the other shall, together with any improvements or modifications, at all times remain vested with the supplying party or original owner. Neither party may gain any right or interest in the other party’s name and logo nor the goodwill associated with them, and neither party may give permission to any third party to use the other party’s name and logo.