Terms and conditions

Last updated: 14 July 2014

For the following account types:

Single user
Project
Organisation

If you have a Demo account, please see our Terms and conditions for Demo account users.

Please read carefully before using online surveys

These Terms and Conditions for the use of online surveys form a legal agreement between you (User or you) and Jisc, One Castlepark, Tower Hill, Bristol, BS2 0JA as provider (Jisc, us or we) for online surveys.

IMPORTANT NOTICE TO ALL USERS:

By using online surveys or uploading content into online surveys or clicking on the “accept” button below you agree to the Terms and Conditions of use of online surveys which constitute a legal agreement between you and Jisc and will bind you and your employees. These Terms and Conditions agreements include, in particular, limitations on liability in condition 5.
If you do not agree to these Terms and Conditions, we will not permit you to use the online surveys service.

IMPORTANT NOTICE TO CONSUMERS:

As a consumer, you have the right to withdraw from your transaction without charge and without any reason from using online surveys.
However, you will lose the right to cancel the transaction seven (7) days after you begin to use online surveys or upload any content into online surveys.
This does not affect your consumer rights for the defective performance of online surveys.

Definitions used in these Terms and Conditions

“online surveys Administrator”	means the contact at Jisc for matters relating to your use of online surveys
“Admin User”	means an individual in an organisation responsible for managing End User access to online surveys under a Project or Organisation Account
“Billing Contact”	means the individual who will act as the contact point for renewals for an account
“Consumer”	shall have the same meaning as the Consumer Credit Act 1974
“End User”	means the individual using online surveys to set up surveys under either a Single User Account or as an individual using online surveys under a Project or Organisation Account;
“Organisation Account”	means an unlimited user account see Features for more details
“Primary Contact”	means the individual who will act as the Data Controller for an account and be ultimately responsible for managing the subscription (including acting as the contact for new End Users) under these Terms and Conditions
“Project Account”	means an account with no more than 10 users. See Features for more details
“Service Level Agreement”	means the support and maintenance services provided as set out in Schedule 1
“Services”	the survey tool provided by online surveys.
“Specification”	means the description of online surveys and its functionality as set out on the online surveys website – http://www.onlinesurveys.co.uk
“Surveys”	means the individual surveys initiated by the User and hosted on online surveys
“Usage”	Means the use of online surveys to create and run surveys

You should print a copy of these Terms and Conditions for future reference.

1. Grant and scope of Use by You of online surveys

1.1 In consideration of payment by you of the agreed fee and you agreeing to abide by these Terms and Conditions, we hereby grant to you a non-exclusive, non-transferable right to use online surveys (“Usage”) on these Terms and Conditions for a period of one year renewable in increments of one year in accordance with these Terms and Conditions.

1.2 You may use online surveys:

for your personal purposes (if you are a Consumer) or your internal business purposes.
if you are an account holder, through the number of permitted End Users agreed between you and us.

2. Restrictions

2.1 Except as expressly set out in these Terms and Conditions or as permitted by any local law, you undertake:

(a) not to provide user passwords or other access to online surveys to any person or organisation which is not an authorised End User under these Terms and Conditions;

(b) to notify the online surveys Administrator if you become aware of any unauthorised use of online surveys through your account.

(c) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of online surveys nor attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Software with another software program, and provided that the information obtained by you during such activities:

i. is used only for the purpose of achieving inter-operability of online surveys with another software program; and

ii. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and

iii. is not used to create any software which is substantially similar to online surveys;

(d) to ensure you provide up to date contact details on the system;

(e) that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services);

(f) not to use online surveys to transmit or distribute unsolicited bulk email, also known as SPAM. All email recipients must have opted in to, or otherwise validly consented to, receiving communications from you, the sender. Accounts may be terminated for sending unsolicited email messages;

Additionally, if You are a Project or an Organisation Primary Contact:

(g) to be responsible for use of online surveys within your organisation including timely deletion of accounts and data;

(h) mediate account level requests from your organisation (if applicable) for upgrades and changes to online surveys;

(i) to supervise and control use of End User access to online surveys and ensure that online surveys is used by your employees/ End Users in accordance with the terms of this Licence;

(j) not to provide or otherwise make available access to online surveys including through any form of resale or licensing in whole or in part, in any form to any person other than authorised End Users without prior written consent from us.

If you are a Consumer:

If you are a Consumer we only supply the use of online surveys for domestic and private use. You agree not to use online surveys for any commercial, business or re-sale purposes.

2.2 In the event that you do not comply with the above restrictions in these Terms and Conditions we may terminate your use of online surveys and you will forfeit any fees which you have paid for use of online surveys.

3. Intellectual property rights

3.1 You acknowledge that all intellectual property rights in online surveys belong to us, that rights to use online surveys Software are licensed (not sold) to you, and that you have no rights in, or to, online surveys or any information therein other than the right to use them in accordance with these Terms and Conditions.

3.2 Any intellectual property rights in material generated by you in using online surveys shall be your property.

3.3 By agreeing to use online surveys under these Terms and Conditions you agree to provide us with a non-exclusive, royalty-free licence to use, reproduce, distribute, and modify your content solely for the purposes of providing the online surveys service to you.

4. Limited warranty

4.1 We warrant that online surveys when properly used shall perform substantially in accordance with the functions as set out in the Specification during your period of use of the Services.

4.2 If, within the term of your use of online surveys, you notify us in writing of any defect or fault in online surveys as a result of which it fails to perform substantially in accordance with the Specification, we will remedy the fault, provided that you make available all the information that may be necessary to help us to remedy the defect or fault, including sufficient information to enable us to recreate the defect or fault.

4.3 The warranty does not apply:

(a) to any failure by you to adequately use online surveys in planning, using and carrying out analysis of Surveys; and

(b) if the defect or fault results from You having used online surveys in contravention of these Terms and Conditions.

4.4 If you are a Consumer, this warranty is in addition to your legal rights in relation to services that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

4.5 The Service Levels provided by Us are further detailed in Schedule 1 to this Agreement.

5. Limitation of liability

5.1 You acknowledge that online surveys has not been developed to meet your individual requirements and that it is, therefore, your responsibility to ensure that the facilities and functions of online surveys as described in the Specification meet your requirements.

5.2 We shall not under any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms and Conditions for:

(a) loss of profits, sales, business, or revenue;

(b) business interruption;

(d) loss or corruption of data or information;

(e) loss of business opportunity, goodwill or reputation; or

(f) any indirect or consequential loss or damage.

5.3 Other than the losses set out in condition 5.2 (for which we are not liable), our maximum aggregate liability under or in connection with this Licence whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to the annual Fee for your use of online surveys. This maximum cap does not apply to condition 5.7.

5.4 These Terms and Conditions set out the full extent of our obligations and liabilities in respect of the supply of online surveys. Except as expressly stated in these Terms and Conditions, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of online surveys which might otherwise be implied into, or incorporated in, these Terms and Conditions whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

5.5 If you are a Consumer, we only supply the use of online surveys for domestic and private use. You agree not to use online surveys for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

5.6 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence up to the amount specified in condition 5.7, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the use of online surveys under these Terms and Conditions.

5.7 Our maximum aggregate liability under or in connection with these Terms and Conditions whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to the annual Fee for your use of online surveys. This does not apply to the types of loss set out in condition 5.8.

5.8 Nothing in these Terms and Conditions shall limit or exclude our liability for:

(a) death or personal injury resulting from our negligence;

(b) fraud or fraudulent misrepresentation; or

6. Termination

6.1 We may terminate your use of online surveys immediately by written notice to you if you commit a material or persistent breach of these Terms and Conditions which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.

6.2 In the event of non-renewal all accounts and data will be deleted 3 months after the renewal date.

6.3 Upon termination for any reason:

(a) all rights granted to you for your use of online surveys under these Terms and Conditions shall cease; and

(b) you must immediately cease all activities authorised by this these Terms and Conditions.

7. Communications between us

7.1 The Primary Contact will act as the main point of contact and where other contact points are defined (for admin and billing for example) will be ultimately responsible should those contact points fail.

7.2 If you wish to contact us in writing, or if any condition in these Terms and Conditions requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to:

7.3 For notices regarding the functioning of or renewal or your subscription to online surveys:

help@jisc.ac.uk. We will confirm receipt of this by contacting you in writing, normally by e-mail.

For legal notices: Jisc, One Castlepark, Tower Hill, Bristol, BS2 0JA

7.4 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order for the use of online surveys.

7.5 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

8. Events outside our control

8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Licence that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in condition 8.2.

8.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks.

8.3 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms and Conditions:

(a) our obligations under these Terms and Conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and

(b) we will use our reasonable endeavours to find a solution by which our obligations under these Terms and Conditions may be performed despite the Event Outside Our Control.

9. Data Protection Requirements

9.1 The Primary Contact and Jisc shall observe their obligations under the Data Protection legislation (including The Data Protection Act 1998, the EU Data Protection Directive 95/46/EC, the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive 2002/58/EC, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and all applicable laws and regulations relating to processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner. With respect to the parties’ rights and obligations under this Agreement, the parties agree that the User is the Data Controller and that Jisc is the Data Processor.

9.2 Where Jisc, pursuant to its obligations under this contract, processes Personal Data on behalf of the Primary Contact, it shall:

(a) process Personal Data only in accordance with instructions from the Primary Contact (which may be specific instructions or instructions of a general nature as set out in these Terms and Conditions or as otherwise notified by the Primary Contact to Jisc during the term of the use of online surveys);

(b) process the Personal Data only to the extent, and in such manner, as is necessary for the provision of the online surveys and the Surveys or as is required by law or any regulatory body;

(c) implement appropriate technological and organisational measures to protect the Personal Data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure. These measures shall be appropriate to the harm which might result from any unauthorised or unlawful processing, accidental loss, destruction or damage to the Personal Data and having regard to the nature of the Personal Data which is to be protected;

(d) obtain prior written consent from the Primary Contact in order to transfer the Personal Data to any sub-contractors or affiliates for the provision of online surveys and the Surveys;

(e) ensure that any Jisc personnel required to access the Personal Data are informed of the confidential nature of the Personal Data and comply with the obligations set out in this Clause 9;

(f) ensure that none of Jisc personnel publish, disclose or divulge any of the Personal Data to any third party unless directed in writing to do so by the User;

(g) notify the Primary Contact (within five working days) if it receives:

i. a request from a Data Subject to have access to that person’s Personal Data; or

ii. a complaint or request relating to the User’s obligations under the Data Protection Legislation;

(h) provide the Primary Contact with full co-operation and assistance in relation to any complaint or request made, including by:

i. providing the Primary Contact with full details of the complaint or request;

ii. complying with a data access request within the relevant timescales set out in the Data Protection Legislation and in accordance with Primary Contact’s instructions;

iii. providing the Primary Contact with any Personal Data it holds in relation to a Data subject (within the timescales required by the Primary Contact); and

iv. providing the Primary Contact with any information requested by the Primary Contact;

(i) provide a written description of the technical and organisational methods employed by Jisc for processing Personal Data (within the timescales required by the Primary Contact); and

(j) not process Personal Data outside the European Economic Area without the prior written consent of the Primary Contact and, where the Primary Contact consents to transfer, to comply with:

i. the obligations of the Data Controller under the Eight Data Protection Principle set out in Schedule 1 of the Data Protection Act 1998 by providing an adequate level of protection to any Personal Data that is transferred; and any reasonable instructions notified to us by the Primary Contact. Jisc shall not be responsible for Survey data downloaded by you or its personnel from the Jisc Server and held on your server, personal electronic devices or produced on printed reports.

ii. The Primary Contact and/ or Admin User(s) are responsible for their online surveys account and for creating End Users and assigning them access privileges to creating Surveys and viewing, downloading and reporting on Survey data.

iii. The Primary Contact is responsible for ensuring the data on their account is kept up to date, this includes timely deletion of accounts and data.

10. Other important terms

10.1 We may transfer our rights and obligations under these Terms and Conditions to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions.

10.2 You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree in writing.

10.3 These Terms and Conditions constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms and Conditions or any document expressly referred to in it.

10.4 If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

10.5 We may be required to review content to determine if it is appropriate or if it is violating any terms of service such as our receipt of a report of unlawful content however we have no obligation to monitor or review content.

10.6 Any price changes will become effective at the start of a renewal or immediately upon our agreement to provide additional services. Any change to pricing will be notified to the Primary Contact in advance of any increase to the renewal fee.

10.7 If you wish to downgrade your account this can only be done at renewal time. No refunds will be available during the term of the subscription.

10.8 If you wish to upgrade your account during your existing subscription we will calculate the cost of the upgrade on a daily rate for the existing subscription and the additional functionality will be added on payment of the balance as notified to you.

10.9 Each of the conditions of these Terms and Conditions operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

10.10 Should we alter the terms of these Terms and Conditions during the period of your subscription we shall notify the Primary Contact and provide instructions in respect of accepting the revised terms and conditions.

10.11 Please note that these Terms and Conditions, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

Schedule 1 – Online surveys Service Levels

1. Introduction

This service level agreement sets out the levels of availability and support the Customer can expect from online surveys.

2. Helpdesk

2.1 Support materials are available for all customers at https://www.onlinesurveys.ac.uk/help-support/.

2.2 Phone and email support are available for Project and Organisation account customers only.

3. Support Hours

Support hours are 09.00 to 17.00, Monday to Friday, excluding Bank Holidays and University closure days.

4. Upgrades

4.1 The Customer acknowledges that from time to time during the Term online surveys may apply Upgrades to the Platform, and that such Upgrades may, subject to Paragraph [4.2], result in changes the appearance and/or functionality of the Platform.

4.2 No Upgrade shall disable, delete or [significantly] impair the main functionality (set out in the Specification).

4.3 Online surveys will give to the Customer reasonable prior written notice of the application of any [significant] Upgrade to the Platform. Such notice shall include details of the specific changes to the functionality of the Platform resulting from the application of the Upgrade.

5. Scheduled maintenance

5.1 Any scheduled maintenance will be posted on the online surveys website at least 7 days in advance.

6. Back-up and restoration

6.1 Online surveys is hosted on a fully backed up server within AWS, Dublin. In the event of machine failure we will make all reasonable efforts to restore service as quickly as possible.

7. Bulk email

7.1 If your account permits the bulk sending of emails to potential survey recipients then rates of email sending and size of emails will be restricted. Details of the restrictions can be found in our support pages and may be changed without warning.