These terms and conditions (Terms and Conditions) form a legal agreement between the Licensee or Demo Account User, as applicable (you and your), and Jisc of One Castlepark, Tower Hill, Jisc, BS2 0JA (Jisc, us, we and our) as the provider of online surveys.
You are the Licensee under these Terms and Conditions if you are ordering a Demo Licence to use online surveys. Where a Demo Licence is ordered on behalf of an organisation, the organisation is the Licensee.
You are a Demo Account User under these Terms and Conditions if you have been granted a online surveys Demo Account.
By signing into online surveys you agree to these Terms and Conditions. These Terms and Conditions 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 online surveys.
If you have been granted a Demo Licence to use online surveys and you are an individual not acting for the purposes of your business or profession you have the right to withdraw from your transaction without charge and without any reason within fourteen (14) days after the commencement of your subscription to online surveys.
This does not affect your consumer rights for any defective performance of online surveys.
|Online Surveys||The software hosted at https://admin.onlinesurveys.ac.uk, the primary function of which is the design, distribution and analysis of online surveys.|
|Online Surveys Demo Account||A 30 day time limited account to use online surveys, with limited support and functionality, which permits the Demo Account User to evaluate online surveys in accordance with the Demo Licence..|
|Online Surveys Website||Refers to the blog, features and support pages at https://www.onlinesurveys.ac.uk.|
|Consumer||A private individual granted a Demo Licence to use online surveys but who is not acting for the purposes of their business or profession.|
|Data Protection Legislation||means any law, statute, declaration, decree, directive, legislative enactment, order, ordinance, regulation, rule or other binding restriction (as amended, consolidated or re-enacted from time to time) which relates to the protection of individuals with regards to the Processing of Personal Data, including EC Directive 95/46/EC (the DP Directive), the Data Protection Act 1998 (the DPA) and Privacy and Electronic Communications (EC Directive) Regulations 2003 (up to and including 24 May 2018) and the GDPR (on and from 25 May 2018).|
|Data Subject||Has the meaning set out in the Data Protection Legislation.|
|Data Subject Request||Means an actual or purported subject access request or notice or complaint from (or on behalf of) a Data Subject exercising his rights under the Data Protection Legislation.|
|Demo Account User||Any individual who has a online surveys Demo Account.|
|Demo Licence||Your right to use online surveys for the term of 30 days for evaluation purposes in accordance with these Terms and Conditions.|
|Freedom of Information Laws
||means the Freedom of Information Act 2000 (and any Scottish equivalent), the Environmental Information Regulations 2004 (and any Scottish equivalent) and any subordinate legislation made under such legislation from time to time together with any guidance and/or codes of practice issued by the UK Information Commissioner or relevant Government Department in relation to such legislation;|
|Jisc||Jisc, the provider of online surveys. Also referred to in these Terms and Conditions as us, we and our.|
|Licensee||The individual ordering a Demo Licence to use online surveys. Where a Demo Licence is ordered on behalf of an organisation, the organisation is the Licensee.|
|Processor||Has the meaning set out in the Data Protection Legislation.|
|Specification||The description of online surveys and its functionality as set out on the online surveys Website at https://www.onlinesurveys.ac.uk/features-pricing/|
|Use/Usage||“Use” of a online surveys Demo Account is defined expressly as a Demo Account User logging into an active online surveys Demo Account for any purpose|
1.1 We hereby grant to you a non-exclusive, non-transferrable Demo Licence to use online surveys under these Terms and Conditions for a term of 30 days.
1.2 You may use online surveys:
2.1 Except as expressly set out in these Terms and Conditions or as permitted by any local law, you undertake:
2.2 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.
2.3 2.3 In the event that you do not comply with the above Condition 2: Responsibilities and Restrictions in these Terms and Conditions we may terminate your online surveys Demo Licence.
3.1 You acknowledge that all intellectual property rights in online surveys belong to Jisc, that rights to use online surveys are licenced (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 Jisc 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.
3.4 You must not use online surveys in a manner which infringes any copyright, patent, trade mark, design or other intellectual property right. You must ensure you have the right to use any files/images that you upload or embed into a survey. Any queries from third parties (or arising from our own audits) regarding copyright, or other intellectual property right, infringement will be passed on to the Licensee. We reserve the right to temporarily disable a survey and/or the online surveys Demo Account while any claim of infringement is investigated. If it is subsequently discovered that the survey included content without permission we reserve the right to close your account.
3.5 We may access your survey data and survey metadata for the purposes of operating and enhancing online surveys, for example, to test the backward compatibility of new online surveys features. We may publish anonymous summary statistics of online surveys survey data and survey metadata, for example, response rates and average number of questions. We will not publish identifiable survey data or survey metadata without your permission. No individuals will be identified unless we have obtained their permission.
4.1 We warrant that online surveys, when properly used, shall perform substantially in accordance with the functions set out in the Specification during the term of your Demo Licence to use online surveys.
4.2 If, within the term of your Demo Licence to use online surveys, you notify Jisc in writing of any defect or fault in online surveys that results in its failure 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 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 these Terms and Conditions.
4.6 Jisc offers no support or warranty for surveys edited outside of online surveys including those created in third-party tools or changes made to surveys downloaded from online surveys itself.
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:
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 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 Licence to use 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 Jisc. 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 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 5.3, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and Jisc at the time we granted you the use of online surveys under these Terms and Conditions.
5.7 Nothing in these Terms and Conditions shall limit or exclude our liability for:
6.1 We may terminate your Demo Licence to use 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 7 days after the service of written notice requiring you to do so.
6.2 On termination of your Demo Licence your online surveys Demo Account will be suspended and all survey data will be deleted 35 days after the date of suspension. Your data will be held in backups for a maximum of three months after your data is deleted.
6.3 Upon termination for any reason:
7.1 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 by email or pre-paid post to:
7.2 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 have provided.
7.3 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 these Terms and Conditions 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 parties shall comply with the provisions of Schedule 2, Data Protection.
9.2 In the event of any conflict between Schedule 2 and any other provision of these service terms, the relevant provision of Schedule 2 shall take precedence.
10.1 Jisc is not subject to the requirements of the Freedom of Information Laws and is not obliged to respond to requests for information under the Freedom of Information Laws (“Request for Information“). Without prejudice to the foregoing, and subject to the Licensee’s compliance with Condition 10.2, Jisc will endeavour to inform the Licensee within two (2) Business Days and endeavour to respond to any Request for Information in the spirit of the Freedom of Information Laws where reasonably able to do so. Jisc and the Licensee will assist and cooperate with each other if a Request for Information is received by Jisc.
10.2 Jisc acknowledges that the Licensee may be obliged to respond to any Request for Information where it is subject to the requirements of the Freedom of Information Laws. If this is the case the Licensee shall be responsible for determining in its absolute discretion and, notwithstanding any other provision in these Terms and Conditions or any other agreement, whether any information is exempt from disclosure in accordance with the provisions of the Freedom of Information Laws. Without prejudice to the foregoing, if the Licensee receives a Request for Information and such request includes commercially sensitive information or confidential information of Jisc under the Freedom of Information laws, the Licensee shall, as soon as reasonably practicable, notify Jisc of such request and shall consult with Jisc and consider any representations which Jisc may make in relation to the requested disclosure prior to deciding whether to comply with or to refuse the request (in whole or in part).
11.1 We may transfer our rights and obligations under these Terms and Conditions to another organisation, but this will not affect your rights or obligations under these Terms and Conditions.
11.2 You may only transfer your obligations under these Terms and Conditions to another person if we agree in writing.
11.3 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.
11.4 If we fail to insist 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.
11.5 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.
11.6 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.
11.7 We reserve the right to alter these Terms and Conditions during the term of your Demo Licence.
11.8 Please note that these Terms and Conditions, their subject matter and their formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.
1.1 This Service Level Agreement sets out the levels of availability and support the Licensee can expect from Jisc.
2.1 Support materials are available for all users at https://www.onlinesurveys.ac.uk/help-support/
2.2 Phone and email support is not provided under the Demo Licence.
3.1 Support hours are 09:00 – 17:00, Monday to Friday, excluding Bank Holidays and Jisc closure days. Upcoming Bank Holidays and Jisc closure days are publicised on the online surveys website at the following link: https://www.onlinesurveys.ac.uk/help-support/when-is-telephone-and-email-support-available/
4.1 The Licensee acknowledges that, from time to time during the term of their Demo Licence, Jisc may apply enhancements to online surveys, and that such enhancements may, subject to paragraph 4.2, result in changes to the appearance and/or functionality of online surveys.
4.2 No enhancement shall disable, delete or (significantly) impair the main functionality of online surveys as set out in the Specification.
4.3 Details of planned enhancements will be published on the online surveys Website..
5.1 Any scheduled maintenance will be publicised on the online surveys Website prior to being carried out. Jisc will do everything possible to minimize and avoid downtime during such maintenance.
6.1 online surveys is hosted on a fully backed up infrastructure. In the event of machine failure we will make all reasonable efforts to restore service as quickly as possible.
7.1 If your online surveys Demo Account permits the bulk sending of emails to potential survey respondents then rates of email sending and size and number of emails will be restricted. Details of the restrictions can be found on the on the online surveys Website at https://www.onlinesurveys.ac.uk/help-support/inviting-and-reminding-respondents-using-online-surveys/ and may be changed without warning.
|Agreement||means the agreement between Jisc and the Licensee for the provision of the Service;|
|Applicable EU Law||any law of the European Union (or the law of one of the Member States of the European Union);|
|Controller, Processor and Data Subject||Shall have the meaning given to those terms in the GDPR;|
|Data Protection Legislation||means (a) any law, statute, declaration, decree, directive, legislative enactment, order, ordinance, regulation, rule or other binding restriction (as amended, consolidated or re-enacted from time to time) which relates to the protection of individuals with regards to the processing of Personal Data to which a Party is subject, including EC Directive 95/46/EC (the DP Directive), the Data Protection Act 1998 (the DPA) and Privacy and Electronic Communications (EC Directive) Regulations 2003 (up to and including 24 May 2018) and the GDPR (on and from 25 May 2018), or, in the event that the UK leaves the European Union, all legislation enacted in the UK in respect of the protection of Personal Data; and (b) any code of practice or guidance published by the Regulator from time to time;|
|Data Protection Particulars||means, in relation to any Processing under this Agreement:
(a) the subject matter and duration of the Processing;
(b) the nature and purpose of the Processing;
(c) the type of Personal Data being Processed; and
(d) the categories of Data Subjects.
|Data Subject Request||means an actual or purported subject access request or notice or complaint from (or on behalf of) a Data Subject exercising his rights under the Data Protection Legislation;|
|Data Transfer||means transferring the Personal Data to, and/or accessing the Personal Data from and/or Processing the Personal Data within, a jurisdiction or territory that is a Restricted Country;|
|GDPR||means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and repealing Directive 95/46/EC (General Data Protection Regulation) OJ L 119/1, 4.5.2016;|
|Permitted Purpose||means the purpose of the Processing as specified in the Data Processing Particulars;|
|Personal Data||has the meaning given to it in the GDPR and for the purposes of this Agreement includes Sensitive Personal Data;|
|Personal Data Breach||has the meaning given to it in the GDPR and, for the avoidance of doubt, includes a breach of Clause 4.1.3;|
|Personnel||means all persons engaged or employed from time to time by Jisc in connection with this Agreement, including employees, consultants, contractors and permitted agents;|
|Processing||has the meaning given to it in the GDPR (and “Process” and “Processed” shall be construed accordingly);|
|Regulator||means the UK Information Commissioner’s Office (including any successor or replacement body);|
|Regulator Correspondence||means any correspondence or communication (whether written or verbal) from the Regulator in relation to the Processing of the Personal Data;|
|Restricted Country||means a country, territory or jurisdiction outside of the European Economic Area which the EU Commission has not deemed to provide adequate protection in accordance with Article 25(2) of the DP Directive and/ or Article 45(1) of the GDPR (as applicable);|
|Security Requirements||means the requirements regarding the security of the Personal Data, as set out in the Data Protection Legislation (including, in particular, the seventh data protection principle of the DPA and/ or the measures set out in Article 32(1) of the GDPR (taking due account of the matters described in Article 32(2) of the GDPR)) as applicable;|
|Sensitive Personal Data||means Personal Data that incorporates such categories of data as are listed in Article 9(1) of the GDPR;|
|Service||means the Online Surveys service provided by Jisc;|
|Schedule||means this schedule which forms part of the Agreement.|
|Third Party Request||means a written request from any third party for disclosure of Personal Data where compliance with such request is required or purported to be required by law or regulation;|
2.1. The Parties shall each Process the Personal Data in accordance with the terms of this Schedule. The Parties acknowledge that the factual arrangement between them dictates the classification of each Party in respect of the Data Protection Legislation. Notwithstanding the foregoing, the Parties anticipate and agree that the Licensee shall act as Controller and Jisc shall act as Processor, as follows:
2.1.1 The Licensee shall be a Controller where it is Processing the Personal Data in relation to the services being supplied by Jisc; and
2.1.2 Jisc shall be a Processor where it is Processing the Personal Data in relation to the Permitted Purpose in connection with the performance of its obligations under these service terms.
2.2. Each of the Parties acknowledges and agrees that the following table sets out an accurate description of the Data Protection Particulars:
|The subject matter and duration of the Processing
|Online Surveys provides tools and functionality to create, deliver, and analyse surveys. The End User, managed by the Licensee, has the capacity to run surveys which may capture a range of information about a Data Subject (which may include Personal Data)
The duration of the Processing will be for the term of the Service agreement between the Licensee and Jisc.
|The nature and purpose of the Processing
|The Personal Data will be Processed in order to provide the Service ordered by the Licensee.
|The type of Personal Data being Processed
|End Users have the capacity to collect any type of Personal Data, this may include (but is not limited to) users first name, last name, email address, phone number, date of birth and university ID.
|The categories of Data Subjects||End Users of an Online Surveys account.
Individuals that have responded to a survey created by End Users
3.1. As the Controller in respect of the Processing of the Personal Data, the Licensee shall ensure that:
3.1.1 it is not subject to any prohibition or restriction which would prevent or restrict it from disclosing or transferring the Personal Data to Jisc in accordance with the terms of this Schedule; and
3.1.2 all fair processing notices have been given (and/ or, as applicable, consents obtained) and are sufficient in scope to allow the Licensee to disclose the Personal Data (including any Sensitive Personal Data) to Jisc for the delivery of the Service in accordance with the Data Protection Legislation.
4.1. Jisc (as a Processor in relation to any Personal Data Processed by (or on behalf of) the Licensee pursuant to the Agreement) undertakes to the Licensee that it shall:
4.1.1 Process the Personal Data for and on behalf of the Licensee in connection with the performance of the Service only and for no other purpose in accordance with the terms of this Agreement and any instructions from the Licensee;
4.1.2 unless prohibited by law, promptly notify the Licensee (and in any event within forty-eight (48) hours of becoming aware of the same) if it considers, in its opinion (acting reasonably) that it is required by Applicable EU Law to act other than in accordance with the instructions of the Licensee, including where it believes that any of the Licensee’s instructions under Clause 4.1.1 infringes any of the Data Protection Legislation;
4.1.3 implement and maintain appropriate technical and organisational security measures to comply with at least the obligations imposed on a Controller by the Security Requirements. If requested by the Licensee, Jisc will provide a description of the technical and organisational security measures that Jisc will implement and maintain;
4.1.4 take all reasonable steps to ensure the reliability and integrity of any of the Personnel who shall have access to the Personal Data, and ensure that each member of Personnel shall have entered into appropriate contractually-binding confidentiality undertakings;
4.1.5 notify the Customer promptly, and in any event within forty-eight (48) hours, upon becoming aware of any actual or suspected, threatened or ‘near miss’ Personal Data Breach, and:
4.1.6 notify the Customer promptly (and in any event within ninety-six (96) hours) following its receipt of any Data Subject Request or Regulator Correspondence and shall:
4.1.7 not disclose Personal Data to a third party in any circumstances without the Licensee’s prior written consent, other than:
4.1.8 not make (nor instruct or permit a third party to make) a Data Transfer without putting in place measures to ensure the Licensee’s compliance with Data Protection Legislation;
4.1.9 on the written request of the Customer, and with reasonable notice, allow representatives of the Customer to audit Jisc in order to ascertain compliance with the terms of this Clause 4 and/ or to provide the Customer with reasonable information to demonstrate compliance with the requirements of this Clause 4, provided that:
the Licensee shall only be permitted to exercise its rights under this Clause 1.9 no more frequently than once per year (other than where an audit is being undertaken by a Licensee in connection with an actual or ‘near miss’ Personal Data Breach, in which case, an additional audit may be undertaken each year by the Licensee within thirty (30) days of the Licensee having been notified of actual or ‘near miss’ Personal Data Breach);
4.1.10 except to the extent required by Applicable EU Law, on the earlier of:
cease Processing any of the Personal Data and, within sixty (60) days of the date being applicable under this Clause 4.1.10, return or destroy (as directed, in writing, by the Licensee) the Personal Data belonging to, or under the control of, the Licensee and ensure that all such data is securely and permanently deleted from its systems, provided that Jisc shall be entitled to retain copies of the Personal Data for evidential purposes and to comply with legal and/or regulatory requirements;
4.1.11 comply with the obligations imposed upon a Processor under the Data Protection Legislation; and
4.1.12 assist the Licensee in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the GDPR taking into account the nature of Processing and the information available to Jisc, provided that Jisc shall be entitled to charge a fee to the Licensee (on a time and materials basis and at such rate notified by Jisc to the Licensee from time to time) in respect of providing any such assistance to the Licensee.
4.2. Notwithstanding anything in this Agreement to the contrary, this Clause 4 shall continue in full force and effect for so long as Jisc Processes any Personal Data on behalf of the Licensee.
5.1 Jisc may from time to time use sub-contractors to perform all or any part of its obligations under this schedule. Jisc shall notify the Licensee prior to appointing a sub-contractor. The Licensee may object to the appointment of any sub-contractor and Jisc shall reasonably take into account the views of the Licensee in appointing any such sub-contractor, but for the avoidance of doubt the appointment of any sub-contractor shall be at Jisc’s absolute discretion and Jisc shall have no obligation to act in accordance with any objection raised by the Licensee. Information regarding the sub-contractors Jisc uses from time to time in connection with the performance of the Service can be found on the Service website.
5.2 Jisc may from time to time disclose Personal Data to its sub-contractors (or allow its sub-contractors to access Personal Data) for Processing solely in connection with the fulfilment of the Permitted Purpose.
5.3 Where Jisc uses a sub-contractor to Process Personal Data for or on its behalf, it will ensure that the sub-contractor contract (as it relates to the Processing of Personal Data) is on terms which are substantially the same as, and in any case no less onerous than, the terms set out in Clause 4 of this schedule.
5.4 Jisc shall remain liable to the Licensee for the acts, errors and omissions of any of its sub-contractors to whom it discloses Personal Data, and shall be responsible to the Licensee for the acts, errors and omissions of such sub-contractor as if they were Jisc’s own acts, errors and omissions to the extent that Jisc would be liable to the Licensee under this Agreement for those acts and omissions.