Welcome to Logical Office Ltd. trading as FILESIT (the “Company”).
In these terms, we also refer to Company as “our”, “we”, or “us”.
“You” are an individual or an organization comprising one or more individuals using our Service (the “User”).
What are these terms about?
These terms apply when you use the website www.filesit.com, or any other websites we operate with the same domain name and a different extension including all sub-domains (the “Website”).
These terms also apply when you access the FILESIT service (a cloud database of contact history with optional automated email filing) provided through this Website (the “Service”). The Company provides support in accordance with Schedule 1.
Our Privacy Policy, which we comply with, and you also agree to be bound by, are found in the link at the bottom of our website www.filesit.com.
I’ve returned to your Website, do I need to read these terms again?
Once you (“User”) subscribe to our Service, the terms accepted at the point of sale (subscribing to the Service) will apply to your access of the Service provided through the Website. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or access the Service. You can check the date at the top of this page to see when we last updated these terms.
ACCESS AND USE OF THE WEBSITE
You must only use the Website and access the Service in accordance with these Terms and any applicable laws, and in case of the User being an organization, you must ensure that your employees, sub-contractors and any other agents who use or access the Website and the Service comply with these Terms and any applicable laws.
ACCOUNTS
(a) To use the Website and access the Service, you are required to sign-up, register and create an account through the Website (an “Account”).
(b) As part of the Account registration process and your continued use of the Service, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing addresses, mobile phone number, profile information, payment details, verified identifications, and other information and documents as determined by the Company from time to time.
(c) You agree that you’re solely responsible for:
(i) maintaining the confidentiality and security of your Account information and your password; and
(ii) any activities and those of any Third-Party that occur through your Account, whether those activities have been authorised by you or not.
(d) You warrant that any information you give to the Company while completing the Account registration process will always be accurate, honest, correct and up to date.
(e) Once you complete the Account registration process, the Company may, in its absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
(f) The Company reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
(g) The Company may suspend or cancel your Account for any reason, including for any failure to comply with these Terms.
(h) You also agree to let us know if you detect any unusual activity on your Account as soon as you become aware of it.
(i) We are not responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Account information or your password.
(j) You agree to release the Company from any and all liability for any loss or damage that arises out of or in connection with information you provide that is not accurate, honest, correct or up-to-date.
PAYMENT FOR SUBSCRIPTION
(a) (Subscription models) All prices are:
(i) Payable monthly (or if shown, annually) in advance (the “Subscription Period”) as per the subscription plan shown on the Website at the Settings/Subscription/Manage screen and
(ii) in British Pounds (except where otherwise indicated). Overseas Users will pay the equivalent amount at the exchange rate in force from time to time by the Stripe payment platform.
(b) Accounts on the Website are categorized as follows:
(i) Free Trial;
(ii) Subscription;
(iii) Cancelled; or
(iv) Lapsed.
(c) (Free Trial) You can access the Service provided through the Website for the Subscription Period as a free trial. Upon expiry of the Free Trial period of 14 days, you must pay for and purchase a subscription, failing which your account will be closed, you will not be able to access the Service provided through the Website and your data will be deleted.
(d) (Subscription) By ordering a Subscription, you authorise us to charge you the subscription fee then in effect at the beginning of each Subscription Period using the Stripe payment platform. You acknowledge that the amount charged for the Subscription Period may vary for reasons that may include price changes or
changing your subscription, and you authorise us to charge your payment method for such varying amounts each billing period. Your Subscription automatically renews at the end of each Subscription Period at the rate(s) then in effect.
(e) (Cancelled) If you cancel your subscription the notice period runs for a final Subscription Period from the end of the current period in force at the time of cancellation. During this final Subscription Period you may continue to use the Service. During this notice period you may request return of your data once only. Refunds are not applicable.
(f) (Lapsed) If your payment fails, you have a grace period of 15 days to reinstate a working payment method. If the payment method is not reinstated the account is cancelled and after a further 15 days your data will be deleted. During this period you may not request return of your data until you renew your subscription..
(g) (VAT) Unless otherwise indicated, amounts stated do not include VAT. You will be charged VAT at the applicable rate at the time.
(h) (Online payment partner) We may use a Third-Party payment provider, currently Stripe, (“Payment Provider”) to collect payments. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment. The terms and conditions of Stripe may be accessed using https://stripe.com/gb/legal/consumer.
(i) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased, we will inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price or cancelling your order. If you cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
(j) (Upgrades) When your storage space nears the limit, you may be advised by the Company to upgrade your Subscription plan to increase your allocated space. When you order the upgrade, the Company will charge you the new, relevant Subscription fee payable at the start of the next Subscription Period and thereafter. You will not be charged for the extra space between the time of order and the start of the next Subscription Period. Once upgraded, you will not be able to downgrade your Subscription plan to a lower plan.
(k) (Cancellation by us) To the extent permitted by law, we reserve the right to terminate your access to the Website at any time without notice without issuing a refund if you breach any provision of these terms.
(l) (Cancellation due to Inability to provide Service) For the purposes of providing the Service, the Company relies on email provision by a Third-Party email service provider (such as Microsoft 365, Google etc.), being the originator of the email data. Accordingly, if the email originator fails to provide the data to the Company for reasons beyond the control of the Company, such as any program errors, technical issues, change of features, change of policy etc., then the Company will not be able to provide the Service and will be constrained to cancel the Account of the User.
YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher, reverse assemble, reverse compile or decompile any part or aspect of the Website without the express consent of the Company;
(b) use the Website for any purpose other than the purposes of browsing, selecting or accessing the Service;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) post or share any personal information of children under 13 or the applicable age of digital consent or allow minors to access and use the Service without consent from their parent or guardian;
(g) act in a way that may diminish or adversely impact the reputation of Company, including by linking to the Website on any other website; and
(h) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.
INFORMATION ON THE WEBSITE
(a) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
(i) the Website will be free from errors or defects (or both, as the case may be);
(ii) the Website will be accessible at all times;
(iii) messages sent through the Website will be delivered promptly, or delivered at all;
(iv) information you receive or supply through the Website will be secure or confidential; and
(v) any information provided through the Website is accurate or true.
(b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including service description, prices and other Website Content.
USER CONTENT
(a) While accessing and using the Service, you may input certain data and information and receive output from the Service, which input data and output data is collectively referred to as ‘User Content’. To the extent permitted by applicable laws, you retain
all ownership rights in the User Content and in this regard, the Company hereby assigns to you all right, title and interest, if any, in the output data.
(b) The Company will store and process the User Content in accordance with its privacy policy and in compliance with the applicable laws. Company will only use the User Content for the limited purpose of providing you with the Service and will not use any User Content for development or improvement of its Service.
(c) You are responsible for all input data and information and represent and warrant that you have all rights, title, interest, licenses and permissions, as may be required, to provide such input data and information while using the Service.
INTELLECTUAL PROPERTY
(a) Company retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Company or as permitted by law.
(c) Company retains all intellectual property rights in the Service, or those rights are owned by a Third-Party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Service.
(d) In this clause 7, “intellectual property rights” means copyright, trademark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in the United Kingdom and throughout the world.
THIRD-PARTY SUPPLIERS
(a) We may do any of the following:
(i) outsource any part of performing any services; or
(ii) procure any services from Third-Party suppliers,
without further notice to or permission from you.
(b) To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your order or subscription, or are negligent in providing services. We will also not be responsible for any loss of data caused due to any act or omission attributable to such Third-Party suppliers.
THIRD-PARTY TERMS AND CONDITIONS
(a) The User acknowledges and agrees that Third-Party terms & conditions (Third-Party Terms) may apply.
(b) The User agrees to any Third-Party Terms applicable to any Third-Party services, and Company will not be liable for any loss or damage suffered by the User in connection with such Third-Party Terms or on account of any liability arising out of the services provided by such Third-Party service providers.
(c) The Company presently uses the cloud database services provided by Amazon Web Services RDS and the User may access their service level agreement using the link https://aws.amazon.com/rds/sla/ as well as the data storage services provided by Amazon Web Services S3 and the User may access their service level agreement using the link https://aws.amazon.com/s3/sla/
(d) You confirm and acknowledge to use the Service and the User Content only in compliance with the applicable laws and Third-Party Terms. You also confirm not to use the Service or the User Content in a manner that infringes, misappropriates or otherwise violates any Third-Party rights.
LINKS TO OTHER WEBSITES
(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
SECURITY
Company does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. Company shall not be liable for any loss of data caused by the failure of services provided by any Third-Party or for any reasons or factors which are outside the control of the Company. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
PRIVACY AND DATA PROTECTION
CLIENT DATA
(a) Words and phrases in this section shall have the meaning given to them by applicable data protection and privacy legislation in force from time to time in the UK including without limitation the UK GDPR; the Data Protection Act 2018 (and regulations made thereunder); the General Data Protection Regulation ((EU) 2016/679) to the extent applicable in the UK and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended; and any statutory instrument, order, rule or regulation made thereunder, as from time to time amended, extended, re-enacted or consolidated (Data Protection Legislation) and the terms “controller”, “processor”, “process” and “personal data” shall have the meanings given to those terms in such Data Protection Legislation.
(b) During and after the delivery of the Service, the User agrees that the Company will be processing personal data for its own purposes and as such will be a controller under the Data Protection Legislation and this includes (but is not limited to) the following purposes:
(i) the Company providing the Service;
(ii) the Company providing support services to customers; and
(iii) the Company, should it be necessary, processing and transferring personal data as necessary to effect a re-organisation of its business.
(c) The User’s instructions are taken to include the use by the Company, where appropriate, of independent contractors and Third-Party suppliers appointed by us for functions such as data and file storage, back-up, destruction, billing, debt collection, legal processing and the like, in accordance with the foregoing.
(d) By accepting these Terms, the User gives positive consent for the Company to obtain, store and process information about the User as described in this clause 13.
(e) Each party shall comply with the terms of the Data Protection Legislation.
13.2 THIRD-PARTY DATA
(a) During and after the delivery of the Service, there may be limited occasions where the Company may process on your behalf as a processor any personal data, you have provided to the Company.
(b) You agree that where necessary you will have satisfied relevant statutory ground under the Data Protection Legislation as also undertaken necessary compliances, in connection with the processing, before providing the Company with personal data.
(c) You warrant, in relation to the personal information and all other data that you provide to the Company in connection with this agreement (Third-Party Data), that:
(i) You have all necessary rights in relation to Third-Party Data, such that the Service can be performed in respect of that data;
(ii) You are not breaching any Law by providing the Company with Third-Party Data;
(iii) the Company will not breach any Law by providing the Service in relation to any Third-Party Data;
(iv) there are no restrictions placed on the use of the Third-Party Data (including by any Third-Party Terms) and if there are any such restrictions, you have notified the Company of this, and the Company has agreed to provide the Service in respect of that data (being under no obligation to do so); and
(v) the Company will not breach any Third-Party Terms by providing the Service in relation to any Third-Party Data.
(d) You agree at all times to indemnify and hold harmless the Company and its officers, employees and agents from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those parties, where such loss or liability was caused or contributed to a breach of a warranty in clause 13.2(a).
(e) You and the Company acknowledge that in respect of any Third-Party Data and for the purposes of the Data Protection Legislation, you are the controller and the Company is the processor.
(f) You and the Company will comply with the Data Protection Legislation.
(g) The Company shall, in relation to any Personal Data processed in connection with this clause 13.2:
(i) process that personal data only on your written instructions of the Client;
(ii) keep the personal data confidential;
(iii) comply with your reasonable instructions with respect to processing personal data;
(iv) not transfer any personal data outside of the UK, unless in accordance with the Data Protection Legislation, the Company ensures that:
(A) the transfer is to a country approved as providing an adequate level of protection for personal data; or
(B) there are appropriate safeguards in place for the transfer of personal data; or
(C) binding corporate rules are in place; or
(D) one of the derogations for specific situations applies to the transfer.
(v) assist you at your cost in responding to any data subject access request and to ensure compliance with your obligations under the Data Protection Legislation with respect to security, breach notifications, privacy impact assessments and consultations with supervisory authorities or regulators;
(vi) notify you without undue delay on becoming aware of a personal data breach or communication which relates to the Company’s or your compliance with the Data Protection Legislation;
(vii) at your written request, delete or return personal data (and any copies of the same) to you on termination of these terms unless required by the Data Protection Legislation to store the personal data; and
(viii) maintain complete and accurate records and information to demonstrate compliance with this clause 13.2 and allow for audits by you or your designated auditor.
(h) The Company shall ensure that they have in place appropriate technical or organisational measures, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures. Such measures may include, where appropriate:
(i) pseudonymising and encrypting personal data;
(ii) ensuring confidentiality, integrity, availability and resilience of its systems and services;
(iii) ensuring that availability of and access to personal data can be restored in a timely manner after an incident; and
(iv) regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it.
DATA RECOVERY AND BACKUP
(a) Upon cancellation of your Account, you have the option to request via the Website the return of your data. When your notice period expires, the Company will delete User data and material associated with the User regardless of whether a return of data was requested.
(b) The Company may not be able to recover any such data or content after the end of your notice period, so it is recommended that you back up anything important to it.
(c) Depending on the volume of data it may take hours to complete the process of returning data to the User. Emails are returned in a standard .eml format, uploaded files in their original formats (both in daily folders), and contact/relationship data consolidated in a spreadsheet format.
(d) The Company will not be responsible to the User and the Company expressly disclaims any liability for, any cost, loss, damages or expenses arising out of the cancellation of your Account and any loss of data.
LIABILITY
(a) To the maximum extent permitted by applicable law, the Company limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or the Service or any services provided by the Company, to the greater of:
(i) the total Fees paid to the Company by you in the three Subscription Periods preceding the first event giving rise to the relevant liability; and
(ii) £100GBP.
(b) All express or implied representations and warranties in relation to the Service and the associated services performed by the Company are, to the maximum extent permitted by applicable law, excluded.
(c) (Indemnity) You indemnify Company and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
(i) breach of any of these terms;
(ii) use of the Website; or
(iii) access of any services provided by the Company or participation in any competition organized by the Company.
(d) (Consequential loss) To the maximum extent permitted by law, under no circumstances will the Company be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website and the Service, these terms or any other products or services provided by the Company (except to the extent this liability cannot be excluded under law).
(e) Nothing in these terms will exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.
(f) To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these terms or an Order, including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause will be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions will remain in full force and effect.
DISPUTE RESOLUTION
(a) A party claiming that a dispute has arisen under or in connection with these terms must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory injunction, unless that party has complied with the requirements of this clause.
(b) A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
(c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
THIRD-PARTY RIGHTS
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
FORCE MAJEURE
(a) If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under this agreement (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:
(i) reasonable details of the Force Majeure Event; and
(ii) so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation. (b) Subject to compliance with clause 18(a), the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
(c) The Affected Party must use its reasonable endeavours to overcome or remove the Force Majeure Event as quickly as possible.
(d) For the purposes of this agreement, a ‘Force Majeure Event’ means any:
(i) act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
(ii) strikes or other industrial action outside of the control of the Affected Party;
(iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
(iv) any decision of a government authority in relation to COVID-19, or any threat of COVID-19 or any pandemic in force from time to time beyond the reasonable control of the Affected Party, to the extent it affects the Affected Party’s ability to perform its obligations.
GENERAL
19.1 GOVERNING LAW AND JURISDICTION
This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
19.2 WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
19.3 SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
19.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
19.5 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
19.6 COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
19.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
19.8 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (currency) a reference to £, or “pound”, is to pound sterling (GBP), unless otherwise agreed in writing;
(c) (gender) words indicating a gender includes the corresponding words of any other gender;
(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
19.9 NOTICES
(a) A notice or other communication to a party under this agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
(ii) when replied to by the other party,
(iii) whichever is earlier.
SUPPORT SERVICE
The Company will use its best endeavours to provide support and advice within 24 hours of receiving such notification but will not be liable for any delay beyond this timescale.
USER ACKNOWLEDGMENTS
The User acknowledges and agrees that:
(a) Service Levels do not apply to any performance or availability issues arising from:
(i) factors outside our reasonable control (for example, natural disaster, war, acts of terrorism, riots, government action, or a network or device failure external to our data centres, including at your site or between your site and our data centre);
(ii) any Third-Party Service, information technology systems, hardware or software not provided by the Company;
(iii) any downtime or increased latency in any Third-Party Service;
(iv) the User using the Service contrary to the Company’s advice on using the Service (including any policies, training manuals, instructions or guidelines provided to the User by the Company or a Third-Party Service);
(v) during or with respect to a preview, pre-release, beta test or trial versions of the Service (including any particular feature);
(vi) the User’s action or inaction to a reasonable request from the Company in relation to an issue; or
(vii) the User’s failure to maintain and follow appropriate security practices,
(b) the Company cannot guarantee that all issues, problems or security threats will be identified;
SUPPORT SERVICE HOURS AND CONTACT METHODS
(a) Support will be available from 9.00 am – 5.30 pm GMT on United Kingdom Business Days (Business Hours).
(b) Support services are accessed sending emails to support@filesit.com
