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Engaging Connections Terms

 

 1. Introduction

  1. To make this document easier to read we use the following definitions throughout:
     
    1. “NDP”, “we”, “us”, “our” means New Power Host Limited, a company registered in England and Wales with company number 08471160.
    2. “you”, “your” means the person or organisation that is using or has purchased our Service;
    3. “Service” means the Engaging Connections service provided by us.
       
  2. These Terms of Service apply to your use of the Service. You should read these terms carefully – they create binding legal obligations on both you and us. PLEASE NOTE THAT WE HAVE LIMITATIONS ON OUR LIABILITY SET OUT BELOW.

  3. We may update these Terms of Service from time to time. When we do we will take reasonable steps to inform you and the issue date above will be updated. The latest Terms of Service always apply to your use of the Service. If you continue to use the Service after an update to the Terms of Service then you are agreeing to the new Terms of Service. In the unlikely event that you are not happy with a change we have made then you should stop using the Service.

     

2. Payment

  1. The pricing for the Service and payment methods are as set out in your proposal. 

 

3. Service Quality

  1. We provide the Service on an “as is” and “as available” basis. We have designed and built the Service with features that we hope will delight you, but we do not promise that the Service will meet your particular requirements. From time to time we may change the features provided by the Service.
     
  2. We test the Service before it goes live for your use, but we do not promise that the Service will be error-free. All software has bugs and we aim to fix known bugs on a priority basis (particularly anything that relates to your privacy or security) but we do not promise to fix all bugs.
     
  3. We use robust cloud infrastructure to host the Service but we do not promise that the Service will be available at all times. You may occasionally experience downtime but we try to make those periods of downtime as infrequent and short as we reasonably can.

4. Privacy

  1. We understand that when you use our Service you are entrusting us with your data. We will do our best to protect your data but we can’t guarantee that our defences are impregnable to determined hackers.
     
  2. If your data sent to the Service contains personal data (that is, information about living people) then rest assured we will comply with all laws that relate to handling that personal data. To enable you to comply with your obligations under personal data laws the terms that deal with our processing of your personal data are set out below.

Compliance with Data Protection Laws

  1. We will at all times comply with all data protection laws in connection with the processing of your personal data. You will ensure all instructions given by you to us in respect of your personal data are at all times in accordance with the data protection laws.

Instructions

  1. We will only process your data in accordance with your written instructions except where otherwise required by law (and shall inform you of that legal requirement before processing, unless the law prevents us doing so on important grounds of public interest). If we believe that any instruction received from you is likely to infringe the data protection laws we will promptly inform you.
     
  2. You promise that you have obtained all necessary consents required to enable the transfer of your personal data to us and to permit the processing envisaged by the use of the Service.

Our Personnel

  1. We shall ensure that anyone authorised to process your data is under an obligation of confidentiality in respect of that data.

Security

  1. We will implement and maintain appropriate technical and organisational measures to protect your data against accidental, unauthorised or unlawful destruction, loss, alteration, disclosure or access.

Sub-processing

  1. We will not permit any processing of your data by a sub-processor without prior notification to you and we will appoint any sub-processor under a written contract containing materially the same obligations as these. Your data will be transferred to third parties (including Google and Amazon) that we use to host and operate the Service.

Assistance

  1. We will (at your cost):
     
    1. assist you in ensuring compliance with your obligations pursuant to Articles 32 to 36 of UK GDPR taking into account the nature of the processing and the information available to us; and
       
    2. taking into account the nature of the processing, assist you (by appropriate technical and organisational measures), insofar as this is possible, for the fulfilment of your obligations to respond to requests for exercising data subjects' rights under Chapter III of UK GDPR.

Audits and processing

  1. We will make available to you all information as is necessary to demonstrate our compliance with the obligations placed on us under these terms and allow for and contribute to audits, including inspections, conducted by you (or another auditor nominated by you) for this purpose.

International transfers

  1. We will not process or transfer, or otherwise directly or indirectly disclose, any data in or to countries outside the UK or to any international organisation except where permitted by the data protection laws.

Breach

  1. We will notify you without undue delay and in writing on becoming aware of any data breach in respect of your personal data.

 

5. Data and Ownership Rights

  1. We give you permission to use the Service but we do not transfer any ownership rights in the Service to you. We (and our service providers) retain ownership of all the components that make up the Service. You agree not to copy, reuse or attempt to make any commercial gain from any component of the Service.
     
  2. You own all the data you upload to the Service. You give us permission to use your data so that we can provide the Service.

 

6. Cancellation

  1. We may cancel your access to the Service if you do not comply with these Terms of Service (including the Acceptable Use Policy) or you do not pay our charges when due. We may choose not to renew your subscription once the period for which you have paid expires.

 

7. Limitation of liability

  1. PLEASE READ THIS SECTION CAREFULLY. IT LIMITS OUR LIABILITY TO YOU. WE HOPE AND EXPECT THAT NOTHING GOES WRONG WITH THE SERVICE, BUT IF IT DOES IT IS FAIR AND REASONABLE THAT WE LIMIT OUR LEGAL EXPOSURE TO YOU.
     
  2. When we say “legal theory” we mean breach of contract, tort (including negligence), breach of statutory duty and any other legal or equitable basis for liability whatsoever.
     
  3. We do not limit or exclude our liability for anything that the law does not permit us to, such as fraud or personal injury and death caused by our negligence. For any other liability our liability to You is as set out below.
     
  4. Our total liability to you for all claims made under any legal theory in aggregate is limited to the annual value of the price you pay for the Service.
     
  5. We are not liable to you under any legal theory for indirect or consequential losses.
     
  6. We are not liable to you under any legal theory for losses you suffer in connection with your business, including losses of profit, revenue, goodwill, or loss of data.
     

7. The Law

  1. Our contract with you is subject to the laws of England and Wales.
     
  2. We hope we can resolve any problems between us amicably but if we can’t then the English courts will have exclusive jurisdiction for any disputes under our contract with you (including any non-contractual disputes). However, if we need to protect our intellectual property we can take action in other courts.