These Terms and Conditions for the use of BOS form a legal agreement between you (User or you) and University of Bristol of Senate House, Tyndall Avenue, Bristol BS8 1TH as provider (Bristol, us or we) for BOS.
|“BOS Administrator”||means the contact at Bristol for matters relating to your use of BOS|
|“Admin User”||means an individual in an organisation responsible for managing End User access to BOS 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 BOS to set up surveys under either a Single User Account or as an individual using BOS under a Project or Organisation Account;|
|“Organisation Account”||means an unlimited user account, for more details see https://www.onlinesurveys.ac.uk/features-pricing/|
|“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, for more details see https://www.onlinesurveys.ac.uk/features-pricing/|
|“Service Level Agreement”||means the support and maintenance services provided as set out in Schedule 1|
|“Services”||the survey tool provided by BOS.|
|“Specification”||means the description of BOS and its functionality as set out on the BOS website – https://www.onlinesurveys.co.uk|
|“Surveys”||means the individual surveys initiated by the User and hosted on BOS|
|“Usage”||Means the use of BOS to create and run surveys|
You should print a copy of these Terms and Conditions for future reference.
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 BOS (“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 BOS:
2.1 Except as expressly set out in these Terms and Conditions or as permitted by any local law, you undertake:
Additionally if You are a Project or an Organisation Primary Contact:
If you are a Consumer:
If you are a Consumer we only supply the use of BOS for domestic and private use. You agree not to use BOS 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 BOS and you will forfeit any fees which you have paid for use of BOS.
3.1 You acknowledge that all intellectual property rights in BOS belong to us, that rights to use BOS Software are licensed (not sold) to you, and that you have no rights in, or to, BOS 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 BOS shall be your property.
3.3 By agreeing to use BOS 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 BOS service to you.
4.1 We warrant that BOS 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 BOS, you notify us in writing of any defect or fault in BOS 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:
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.
5.1 You acknowledge that BOS has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of BOS 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:
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 any annual Fee for your use of BOS. 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 BOS. 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 BOS 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 BOS for domestic and private use. You agree not to use BOS 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 BOS 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 BOS. 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:
6.1 We may terminate your use of BOS 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:
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 BOS:
firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing, normally by e-mail.
For legal notices: University of Bristol, Office of the Secretary, Senate House, Tyndall Avenue, Bristol BS8 1TH.
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 BOS.
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.
8.1 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:
9.1 The Primary Contact and Bristol 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 Bristol is the Data Processor.
9.2 Where Bristol, pursuant to its obligations under this contract, processes Personal Data on behalf of the Primary Contact, it shall:
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 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.
10.7 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.
10.8 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.
10.9 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.
This service level agreement sets out the levels of availability and support the Customer can expect from BOS.
2.1 Support materials are available for all customers is available from https://www.onlinesurveys.ac.uk/help-support/
2.2 Phone and email support are available for Project and Organisation account customers only.
Support hours are 09.00 to 17.00, Monday to Friday, excluding Bank Holidays and University closure days.
4.1 The Customer acknowledges that from time to time during the Term BOS 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 BOS 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.
5.1 Any scheduled maintenance will be posted on the BOS website at least 7 days in advance.
6.1 BOS is hosted on a fully backed up server within the University of Bristol. In the event of machine failure we will make all reasonable efforts to restore service as quickly as possible.
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.