Terms and Conditions

Onesuffolk is operated by Community Action Suffolk, Registered Charity No 1150501. A company limited by guarantee and registered 08316345. Onesuffolk can be contacted at Brightspace, 160 Hadleigh Road, Ipswich, Suffolk, IP2 0HH or via email at onesuffolk@communityactionsuffolk.org.uk or via telephone at 01473 345305.

Definitions

You/Your = The Customer

We/Us – Community Action Suffolk/onesuffolk

1.Your use of the Portal

1.1 In consideration of you licensing us to use your content, we will provide you with space on the Portal, together with rights to use associated tools and templates we make available from time to time. "The Portal" is a website through which onesuffolk allows internet users to access public services and information about local community organisations from the public, private and voluntary sector, and is currently available at www.onesuffolk.net

1.2 In order to access the Portal and upload content to it, you will require access to the Internet. onesuffolk is not an internet service provider and you are responsible for any hardware, software, skills and services that you require in order to connect to the Internet, and all associated costs and charges.

1.3 You must ensure that all information you provide to us is accurate and complete, whether on the registration form or at any other time. It is your responsibility to inform us if any of your information changes, so that onesuffolk can update our records.

1.4 If we provide you with a user identification and/or password for the Portal, you must keep them secret, and must not disclose them to any third parties. We do not accept any liability in respect of any losses of whatever nature incurred by you (directly or indirectly) as a result of disclosure or loss of your user identification and/or password. You must inform us immediately if you become aware of or suspect the loss or unauthorised use of your user identification or password.

1.5 If we provide you with access to tools and templates, you are granted a licence to use these only for your own purposes and only for the creation and uploading of Content to the Portal in accordance with any directions which onesuffolk may give from time to time. This licence does not allow you to modify in any way the tools or templates, and does not grant you any rights of ownership in the tools and templates. We may offer licences in respect of the tools and templates to any other third parties, and may at any time revoke your rights to use the tools and templates.

2. Rules for your Content

2.1 We will provide you with a limited amount of website hosting space on the Portal on which you may post and make available information, materials and other content about your organisation and its activities ("Content"). We may limit the amount of hosting space available to you from time to time, but we will endeavour to inform you of any limits that may apply within a reasonable time.

2.2 You are responsible for the Content, for all communications that you make through the Portal and for all other uses by you of the Portal. You can only post Content which you own, or which you are legally entitled to use. You must not copy any of your Content without permission from any other source, including any other website, or any books or leaflets. You must ensure that your Content is accurate and complete, and you must update it on a regular basis to make sure that it remains accurate and complete.

2.3 To enable us to make the best use of your Content, you grant to onesuffolk a licence to use, reproduce, modify, adapt, publish, create, derivate works from, distribute and display in public Content that you make available on the Portal, in any form and media, on or in connection with the Portal, at no cost to us and for as long as we require. This includes the right for onesuffolk to sub-licence the Content to third parties on the same terms.

2.4 You must make yourself familiar with these terms and conditions, and make sure that none of your Content, or any of your other activities on the Portal, will breach these terms and conditions.

2.5 You must not post any Content, or use the Portal in any way, that is or may be considered to be:

(a) in breach of any obligations or duties of confidentiality, or in breach of any obligations on you under the Data Protection Act 1998;

(b) capable of infringing any other person or other entity's intellectual property rights (including but not limited to copyright, trade marks, design rights or database rights);

(c) in breach of any applicable law, whether criminal or otherwise;

(d) offensive, obscene, insulting, false, defamatory, unreliable, misleading or otherwise inappropriate.

2.6 In addition, you must not use the Portal to:

(a) abuse, harass, stalk or threaten others;

(b) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of our or any other computer;

(c) upload files which contain an active hypertext link to another web site; or

(d) download any file posted by another user of the Community Area that you know, or reasonably should know, cannot be legally distributed in such manner.

2.7 Before placing any links to other websites you must first obtain the permission from the owner of the website to which you are linking.

2.8 You agree that onesuffolk have technical and editorial control over the Portal and all Content posted on it, and we may alter the location, appearance, editorial content and any other aspect of your Content at our discretion and without requiring your permission. If you disagree with any changes made to the Content by Onesuffolk, please ask us to remove the Content by emailing to onesuffolk@communityactionsuffolk.org.uk

3. Payments

3.1 Payment for the hosting charge of your One Suffolk website can be made on an annually recurring basis from the date of your initial registration

3.2 All payments will be due in advance.

3.3 Payment for your Onesuffolk website hosting service can be made via a variety of different methods, including direct debit, cheque, cash or by online transfer.

3.4 All non direct debit payments should be made within Community Action Suffolk’s standard payment terms of 30 days from the sending of the invoice.

3.5 Payments should be sent to Community Action Suffolk, Brightspace, 160 Hadleigh Road, Ipswich, Suffolk, IP2 0HH or to any set of details that are provided to you by onesuffolk staff.

3.6 To ensure that monies due are collected without disruption, you must ensure that any changes to your original registration details are communicated to our Support Team immediately by calling ……… (calls are charged at a local standard rate and may be monitored for training, security and quality assurance purposes).

3.7 If we are unable to collect the amounts due from your account as they fall due, we may suspend or cancel the product you signed up to on registration with Onesuffolk. We may forward the debt to an external agency for manual collection. You will pay our reasonable costs and expenses for collecting payment.

3.8 In the event of termination of this Agreement by onesuffolk, you shall be reimbursed pro-rata from the end of the notice period with any amounts for Internet Access that you have paid in advance.

3.9 Community Action Suffolk reserves the right to vary the charges for products and to introduce new payment methods at anytime on written (letter or email) notice to you.

3.10 In the event of an annual renewal of your onesuffolk service subscription we will contact you 1 month in advance of your renewal to inform you about subscription charges for the coming year and your payment options.

4. Terms and Termination of the agreement

4.1 This Agreement will run from the time you complete the registration process on our website at www.onesuffolk.net/home/signup/ and will continue thereafter unless and until terminated by either of us as set out in Clause 5.4 and this Clause.

4.2 This Agreement may be terminated, at any time for any reason:

4.2.1 By you on up to 30 days notice to us by written methods (letter or email) (to Community Action Suffolk, Brightspace, 160 Hadleigh Road, Ipswich, Suffolk, IP2 0HH or onesuffolk@communityactionsuffolk.org.uk); or

4.2.2 By you, within the first 14 days (the cooling off period) after registration for the One Suffolk service by written methods to Community Action Suffolk, Brightspace, 160 Hadleigh Road, Ipswich, Suffolk, IP2 0HH or onesuffolk@communityactionsuffolk.org.uk. This is in line with the Consumer Contracts regulation or “Distance Selling” regulation as formerly known ; and

4.2.3 By us on 30 days notice to you

4.3 We may also terminate the Agreement or suspend the supply of the Onesuffolk Service to you, immediately and without notice if:

4.3.1 you breach these Terms of Use.

4.3.2 you or any person using your account misuses the onesuffolk Service in any way, including without limitation, misuse in the manner as set out in Clause 2.

4.3.3 if you are unable to pay your debts as they become due;

4.3.4 you are no longer able lawfully to receive the onesuffolk Service; or

4.4 If the Onesuffolk Service is suspended by us, pursuant to clause 4.3, you must continue paying charges (if applicable) unless and until the onesuffolk Service is terminated.

4.5 In the event of termination of this Agreement you will remain responsible for all charges you have incurred to the date of termination.

4.6 If you pay for the service annually and the agreement is terminated for a period more than 30 days before the end of the agreement you will be due a refund of monies paid for the service on a pro rata basis from the date you requested the service + 30 days to the time when the original service was due to be terminated. This payment will be made via cheque or online transfer.

5. Our rights and Responsibilities to you

5.1 onesuffolk will provide the Portal and make it available for access over the internet. We will at our own discretion control the equipment on which the Portal is hosted, the volume of the content posted on the Portal and stored on such equipment, and the types of technology supported on the Portal. We will use reasonable skill and care in providing the Portal and will use reasonable endeavours to overcome any technical difficulties with the Portal where they are within our control. However, we do not guarantee that the Portal or the equipment used will meet any standards of access, availability, security or resilience and we do not guarantee uninterrupted or error-free access to the Portal for you or any end users. You must ensure that all of your Content is backed up on a separate external source.

5.2 onesuffolk may, but is not obliged to, screen or monitor the content (including your Content) on the Portal. We do not guarantee that the information provided by us, or any other third parties, on the Portal will be complete or accurate.

5.3 onesuffolk may, without notice or liability, remove or disable access to any Content posted on the Portal for any reason whatsoever. You must notify onesuffolk immediately upon becoming aware that any of your Content may or does breach any term of this agreement. Onesuffolk will use its reasonable endeavours to remove or disable access to such Content within a reasonable period, taking into account that onesuffolk is generally only resourced during normal working hours (GMT) on Monday to Friday.

5.4 onesuffolk may suspend your use of the Portal if we have reasonable ground to suspect any breach by you of any of the terms of this agreement, or if your Content is otherwise inappropriate. onesuffolk may without notice suspend all or any part of the Portal entirely at our discretion for any reason whatsoever, without incurring any liability.

5.5 onesuffolk will provide a dedicated helpdesk, contactable via telephone and email, during standard office hours (i.e. 9am-5pm Mon-Fri excluding bank holidays and the Christmas period) in which will support you with any query (technical, training or otherwise) relating to your website. The contact details for the support are listed at the top of this terms and conditions.

6. Limitation of Liability

6.1 Nothing in this Agreement shall be construed as excluding or limiting onesuffolk's liability for death or personal injury resulting from our negligence.

6.2 onesuffolk will not be liable to you or any third party under or in relation to this agreement for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, or for any errors or omissions in the content (including your Content) on the Portal, whether arising out of our negligence, breach of this agreement or otherwise.

6.3 Your use of the Portal is at your sole risk and except as expressly stated in this agreement, onesuffolk excludes to the fullest extent permissible by law all warranties, conditions and terms, whether express or implied, in respect of the Portal. Where you operate as a consumer this clause shall not affect your statutory rights.

6.4 You acknowledge that there are matters beyond our control and consequently we shall not be liable for any delay or breach of our obligations under this agreement resulting from any cause beyond our reasonable control and time shall not be of the essence in the performance of our obligations hereunder.

7. Complaints

7.1 Complaints about the service should be sent to Matthew Morling, Community Action Suffolk, Brightspace, 160 Hadleigh Road, Ipswich, Suffolk, IP2 0HH or via email to matthew.morling@communityactionsuffolk.org.uk. He will respond to these complaints within a maximum 28 day period.

8. General

8.1 We reserve the right to change this agreement at any time, and any such changes may affect your rights or obligations. Any such change to this agreement will be effective once reflected in the text of this agreement and published on the Portal. You should check the Portal periodically to ensure that you are aware of and complying with the current version.

8.2 Any failure by onesuffolk to insist upon or enforce strict performance by you of any part of this agreement or to exercise any right under this agreement will not amount to a waiver of any right or future breach.

8.3 If any term of this agreement is found invalid or unenforceable, the remaining terms of this agreement will continue unchanged in full force and effect.

This agreement is governed by the law of England and Wales, and you agree to the exclusive jurisdiction of the English Courts.