NTAS: Terms & Conditions

Effective on 27th March 2018

 

These Terms and Conditions apply to network data analysis services provided by Advance Seven Limited (Advance7), a company registered in England and Wales under number 2373877, under its range of services collectively called Network Trace Analysis Service (Services). Throughout this document we use the terms ‘us’ and ‘we’ to refer to Advance7, its employees, its agents and its subcontractors. We refer to you as the person accepting these Terms and Conditions as ‘you’ and to the organisation you represent as ‘Your Organisation’.

Advance7 provides any one of the Services (Service) to Your Organisation subject to the Terms and Conditions laid out in this document. In return for providing an instance of a Service we will charge you fees as laid out later in these Terms and Conditions. A Service is initiated, purchased and provisioned through a secure web site (Site).

In these Terms and Conditions we refer to a single instance of a Service as a Project. A Project is initiated when you click the Create a New Project button on the Site (Project Initiation). From time to time, we may revise the Terms and Conditions for the Services without notice. The Terms and Conditions applicable to a Project are those in place at the time of Project Initiation.

Authority

By clicking on the Create a New Project button to initiate a Project, you confirm that;

  1. you accept these Terms and Conditions on behalf of Your Organisation;
  2. you are authorised to accept these Terms and Conditions on behalf of Your Organisation;
  3. you accept the role of Project Owner, which charges you with certain responsibilities described herein.

Description of Service

Users of the Services share with us diagnostic data, other data and other information (Data & Information). Skilled analysts use tools, expertise and experience to analyse the Data & Information and deliver information back to the Project Owner. The information delivered (Project Output) will be as described in the web page for the Service under the heading Deliverables.

Data and Information Provided

To undertake a Project, we will require Your Organisation to share with us Data & Information by email, through our Site or by other means. Your Organisation is solely responsible for the accuracy of the Data & Information transferred to us. Your Organisation is solely responsible for maintaining backup copies of the Data & Information using independent systems that do not rely on the Services or Site.

All ownership rights to the Data & Information shall remain the property of the Organisation or other declared owner. Advance7 shall acquire no right of ownership or use of the Data & Information other than as required in the delivery of the Service.

You have sole responsibility for obtaining permission to upload data to the Site and to meet all compliance and regulatory requirements.

Project Owner

All communications sent by Advance7 in relation to the Project will be sent to the Project Owner unless otherwise instructed by the Project Owner. Advance7 will only accept information relating to the Project from the Project Owner unless otherwise instructed by the Project Owner. The Project Owner may;

  1. instruct Advance7 to copy email communications, which may or may not include attachments, to others, specified by email address (Stakeholders);
  2. nominate others, specified by email address, to provide Data & Information; (Team)

Such instructions and nominations must be given by email, or via web portal mechanisms that may from time to time be made available.

Triage

From time to time, we may assess the quality of Data & Information shared with us (Triage) and, on the basis of the outcome of the assessment, request revised or additional Data & Information. This Triage process performs a basic check of Data & Information quality, which means that;

  1. passing the Triage assessment does not guarantee that the Data & Information provided is complete or sufficient to deliver the Service;
  2. any feedback from the Triage can be used as an indication of the outcome of the Service;
  3. the Data & Information may still be found to be of inadequate quality at a later stage once more detailed analysis is undertaken.

License

By accepting these Terms and Conditions, Advance7 grants to the Organisation limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and make use of the Site, the Services and related software (Software), collectively and separately considered to be Advance7 intellectual property (Advance7 IP) solely for the purpose of undertaking the Project.

You may not:

  1. copy, modify or create derivative works based on Advance7 IP;
  2. distribute, transmit, publish or otherwise disseminate Advance7 IP;
  3. download or store any Advance7 IP except to the extent explicitly permitted;
  4. export or re-export Advance7 IP;
  5. access or derive details of Advance7 IP except to the extent explicitly permitted;
  6. probe, scan, test or interfere with the Services or Advance7 IP, no matter the reason;
  7. use access to Advance7 IP to build a competitive product or service;
  8. access data, information or content not intended for you;
  9. pass to us data or information that you are prohibited from or not authorised to share with us;
  10. automate access to the Site or Services other than by use of software provided by us;
  11. impersonate a person or entity, or misrepresent your affiliation with a person or entity;
  12. violate laws or regulations in your use of the Site, Services or Software;
  13. violate licenses or commercial agreements in your use of the Site, Services or Software;
  14. violate privacy or confidentiality agreements in your use of the Site, Services or Software;
  15. use profane or aggressive language on the Site or in communications with us;
  16. permit, enable, assist or encourage other parties to do any of the foregoing.

You may use the Services in order for your Organisation to deliver a commercial service (Your Service) to a customer or client (Your Client), PROVIDED ALWAYS THAT;

  1. you accept that these Terms and Conditions apply to the delivery of the Service by us to your Organisation and not to Your Client;
  2. you accept sole responsibility for obtaining permission from Your Client for the transfer of Data & Information to us;
  3. you accept that we have no responsibility whatsoever for the delivery of Your Service to Your Client;
  4. all references to Advance7, the Services, the Site and the Software are removed from all forms of communication with Your Client;
  5. you do not and will not intentionally or unintentionally misrepresent the findings or opinions of Advance7;
  6. you accept that we reserve the right to correct any misrepresentation brought to our attention through direct communication with the parties involved.

Indemnity

The Organisation agrees to indemnify Advance7 against all costs and losses, direct or consequential, that result from a failure to meet the conditions laid out in these Terms and Conditions.

Applicable Terms and Conditions

Payment for a project marks its initiation (Project Initiation). These Terms and Conditions may be revised from time to time. The revision of the Terms and Conditions applicable throughout the term of a Project, and after its completion and closure, is that version in place at the time of the Project Initiation.

Fees and Payment

In return for providing a Service, Advance7 will charge fees and charges (Fees) which are payable in full at the time of Project Initiation through a designated valid credit card or PayPal™ account. By accepting these Terms and Conditions, you authorise Advance7 to charge the Fees to the designated account, and you agree to pay the Fees in accordance with the credit card agreement or PayPal terms and conditions. The Project Owner can cancel a Project at any time before payment without incurring Fees.

In the execution of the project we might determine that additional or revised data is needed and so must be uploaded to complete the project. After you upload of the additional data, the Fees will be recalculated and you will be asked to pay the difference between the original Fees and the revised Fees. You may choose not to pay the additional fees, in which case the project will be Closed.

The Fees for a Project, and the way they are calculated for a Project, are as described on the Site at the time of Project initiation. Advance7 reserves the right to vary the level of Fees for a Service at any time without prior notification. A change in Fees will not affect the Fees payable for a Project for which payment has been made.

Refunds

If, for any reason, we are unable to deliver the Service for a Project, we will refund all funds paid that relate to that Project.

If you are unhappy with the Project Output, the Project Owner may request a refund of the charges for that Project. Advance7 will at its sole discretion decide whether or not to refund the charges for the Project. Advance7 at its sole discretion can decline further requests for any of the Services.

Third Party Components

The Services and Software may use components, including software, hardware and services, from third parties (Third Party Components) which may be subject to separate license terms (Third Party License). Where there is a conflict, Third Party License terms supersede individual conflicting terms of these Terms and Conditions. Details of Third Party Components and the related Third Party Licenses are available from Advance7 upon written request.

Confidentiality, Security and General Data Protection Regulation (GDPR)

Advance7 uses employees and contract staff from time to time to deliver the Services. Advance7 commissions a reputable provider to conduct pre-employment security checks on all employees and contractors. The Services are only delivered by employees and contractors that have passed these checks.

Unless compelled to do so by law, we shall not use or divulge or communicate to any person (other than with the authority of the Project Owner);

  1. any confidential information concerning the products, customers, business, finance, or contractual arrangements or other dealings, transactions and affairs of the Organisation (and its subsidiaries) which may come to Advance7’s knowledge in the course of providing the Services;
  2. the substance of any report, recommendation, advice or test made, given or undertaken by us in connection with the delivery of the Services;
  3. the contents of Data & Information shared with us.

We may use statistical or summarised information, of which your Data & Information may form a part, to enrich the Services or for marketing purposes but this will be done in a way that neither you, your Organisation or the Data & Information content can be identified.

Even though the Data & Information you upload may not contain personal information, we assume that it does and so handle the Data & Information in a GDPR-compliant manner, assuming the role of Data Processor. This means that we will;

  1. provide a secure mechanism for the transfer to us of the Data & Information;
  2. use industry standard practices and mechanisms to keep safe the Data & Information;
  3. manage the Data & Information and your account information in the manner described in the General Data Protection Regulation;

The Services are purchased through our payment mechanism provider (Payment Processor). In processing a payment we will not capture or hold your credit card or other personal details, although they may be held by the Payment Processor. Whilst we will always select a trustworthy Payment Processor (currently PayPal), it is your responsibility to check and agree to the terms and conditions of the Payment Processor.

Warranty Disclaimers

The Services are delivered on a best effort basis without guarantee, implied or otherwise. In accepting these Terms and Conditions, you agree that your use of the Services, Site and Software are at your own risk and acknowledge that these are provide to you on a “as is”, “where is” and “as available” basis.

Limitations of Liability

Advance7 disclaims any liability for any losses, costs or damages, of any kind, that arise from;

  1. use of the Site;
  2. unavailability or failure of the Site, Services or Software;
  3. acting on the information delivered by the Services;
  4. acting on recommendations made by us in any communications, written or verbal.

In no event shall Advance7 be liable with respect to the Services, Site or Software for any amount greater than the Fee paid for a Project.

User Account

To purchase, initiate and use the Services you must create a user account (User Account) with a username and password (User Credentials) which will be used to;

  1. verify your identity;
  2. authenticate any information you send to us;
  3. authorise you to use and/or access the Services.

We will hold this account information securely on our systems and manage it in a GDPR-compliant manner.

You are responsible for the secrecy of your User Credentials. You are solely responsible for all access and use of the Services and Site through your User Account, and under no circumstances shall Advance7 be liable for any losses or damage relating to use of your User Account. By accepting these Terms and Conditions you agree to immediately notify Advance7 if you believe that your User Credentials have been obtained or could be known to someone who may use the Services or Site in an unauthorised manner.

Advance7 has the right to disable a User Account at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms and Conditions.

Links to Other Sites

For your convenience, the Site and/or our communications with you may include links to other websites. Advance7 does not warrant or make any representation regarding the authenticity, accuracy or legality of these websites, or any services they offer, and shall have no liability for losses or damages arising from the use of these websites or related products or services.

Termination

Completion or cancellation of a Project indicates that the Service has come to an end. All provisions of these Terms and Conditions that by their nature should survive termination shall survive termination including but not limited to ownership provisions, indemnity, warranty disclaimers, limitation of liability and miscellaneous provisions.

Applicable Law

These Terms and Conditions have been constructed, and must be interpreted, in accordance with the laws of England. Should any part of these Terms and Conditions prove to be invalid, all remaining terms and conditions remain in force.

Arbitration

Advance7 always prefers to resolve disputes quickly and amicably, and to this end please send an email to ntas.support@advance7.com describing your concerns.

If the issue is not resolved within 60 calendar days of sending the aforementioned email, the matter shall be referred to a single Arbitrator to be agreed upon by you and us, or in default of agreement to be nominated by the President for the time being of the Chartered Institute of Arbitrators in accordance with the Arbitration Act 1950 and Arbitration Act 1996, or any statutory modification or re-enactment of them for the time being in force.

By accepting these Terms and Conditions, you and we agree to waive the right to a court trial and agree to settle disputes through Arbitration as described here and agree to be bound by the outcome of such Arbitration.