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 BOS.
You are the Licensee under these Terms and Conditions if you are ordering a Demo Licence to use BOS. 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 BOS Demo Account.
By signing into BOS 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 BOS.
If you have been granted a Demo Licence to use BOS 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 BOS.
This does not affect your consumer rights for any defective performance of BOS.
|BOS||The software hosted at https://admin.onlinesurveys.ac.uk, the primary function of which is the design, distribution and analysis of online surveys.|
|BOS Demo Account||A 30 day time limited account to use BOS, with limited support and functionality, which permits the Demo Account User to evaluate BOS in accordance with the Demo Licence..|
|BOS 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 BOS but who is not acting for the purposes of their business or profession.|
|Controller||Has the meaning set out in the Data Protection Legislation.|
|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 BOS Demo Account.|
|Demo Licence||Your right to use BOS 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;|
|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.|
|Jisc||Jisc, the provider of BOS. Also referred to in these Terms and Conditions as us, we and our.|
|Licensee||The individual ordering a Demo Licence to use BOS. Where a Demo Licence is ordered on behalf of an organisation, the organisation is the Licensee.|
|Personal Data||Has the meaning set out in the Data Protection Legislation.|
|Processing||Has the meaning set out in the Data Protection Legislation (and “Process” and “Processed” shall be construed accordingly).|
|Processor||Has the meaning set out in the Data Protection Legislation.|
|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.|
|Specification||The description of BOS and its functionality as set out on the BOS Website at https://www.onlinesurveys.ac.uk/features-pricing/|
|Use/Usage||“Use” of a BOS Demo Account is defined expressly as a Demo Account User logging into an active BOS Demo Account for any purpose|
1.1 We hereby grant to you a non-exclusive, non-transferrable Demo Licence to use BOS under these Terms and Conditions for a term of 30 days.
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:
2.2 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.
2.3 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 BOS Demo Licence.
3.1 You acknowledge that all intellectual property rights in BOS belong to Jisc, that rights to use BOS are licenced (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 Jisc 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.
3.4 You must not use BOS 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 BOS 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 BOS, for example, to test backward compatibility of new BOS features. We may publish anonymous summary statistics of BOS 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 BOS, 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 BOS.
4.2 If, within the term of your Demo Licence to use BOS, you notify Jisc in writing of any defect or fault in BOS 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 BOS including those created in third party tools or changes made to surveys downloaded from BOS itself.
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 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 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 Jisc. 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 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 5.3, 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 BOS 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 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 7 days after the service of written notice requiring you to do so.
6.2 On termination of your Demo Licence your BOS 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 Licensee and Jisc shall observe their obligations under the Data Protection Legislation.
9.2 With respect to the parties’ rights and obligations under these Terms and Conditions, the parties agree that the Licensee shall be the Controller and that Jisc shall be the Processor.
9.3 Where the Licensee is an organisation, the Demo Account User will act on behalf of the organisation, in its capacity as the Controller, in ensuring that any Processing of Personal Data for which it is responsible complies with the Data Protection Legislation and all other laws and regulations relating to the Processing of Personal Data.
9.4 Where Jisc, pursuant to its obligations under these Terms and Conditions, Processes Personal Data on behalf of the Licensee, it shall:
9.5 Jisc may from time to time use sub-contractors to provide BOS and shall be permitted to disclose Personal Data to these sub-contractors (or allow these sub-contractors to access Personal Data) for Processing solely in connection with the provision of BOS. Where we use a sub-contractor to Process Personal Data for or on our behalf, we will ensure that the sub-contractor contract is on terms which are substantially the same as, and in any case no less onerous than, the terms set out in this Condition 9.
9.6 Information regarding the sub-contractors Jisc uses from time to time in connection with the delivery of BOS can be found on the BOS Website.
9.7 You may object to the appointment of any sub-contractor and Jisc shall reasonably take into account your views 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.
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 BOS 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 BOS, and that such enhancements may, subject to paragraph 4.2, result in changes to the appearance and/or functionality of BOS.
4.2 No enhancement shall disable, delete or (significantly) impair the main functionality of BOS as set out in the Specification.
4.3 Details of planned enhancements will be published on the BOS Website..
5.1 Any scheduled maintenance will be publicised on the BOS Website prior to being carried out. Jisc will do everything possible to minimize and avoid downtime during such maintenance.
6.1 BOS 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 BOS 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 BOS Website at https://www.onlinesurveys.ac.uk/help-support/inviting-and-reminding-respondents-using-bos/ and may be changed without warning.