Idea Secure - Terms & Conditions

1. Definitions
1.1 ‘Company’ means IdeaSecure Ltd, registered in England & Wales (registered companyno 5858091) who own and operate IdeaSecure.co.uk
1.2 ‘Client’ means any individual, company, body or organisation to which the Company provides the Service
1.3 ‘The Service’ is the registration, storage and retrieval of the Client’s content in order to aid the Client in proof of copyright and/or as date of conception
1.4 ‘Content’ constitutes ideas, written concepts and original works that are lodged by the Client and registered by the Company
1.5 ‘Personal Information’ means information the Company may obtain about the Client relating to the Client’s use of the Service. This information may include 'sensitive personal data' as defined in the Data Protection Act 1998
1.6 ‘Contract’ means the contract for provision of the Service, commencing upon receipt of Charges paid by the Client and upon the Client’s acceptance of these terms and conditions
1.7 ‘Charges’ means those payable in order for the Client to use the Service, at the time of lodging and as published on IdeaSecure.co.uk and partner sites
1.8 ‘Third party’ means any person, firm or company outside of the Company’s staff and directors
1.9 VAT’ means value added tax at the prevailing rate, where applicable

2. Service
2.1 The Service offered by IdeaSecure Ltd is the registration, storage and retrieval of the Clients content in the form of a digital file
2.2 The Service provides for the Client to lodge data in the form of a digital file uploaded to the Company’s third party server with safe encryption
2.3 Following completion of the registration by the Client, the submission of the Clients Personal Information, the Charge authorised by the Client and received by the Company and the uploading of the digital file, the Client is sent a confirmatory certificate containing a Serial Number by email
2.4 Uploading by the Client is carried out with safe encryption to the Company’s third party server
2.5 Retrieval of the content from the Company can be requested by the Client following submission of an email with their security information
2.6 Following a retrieval request by the Client, the Company shall provide a duplication of the Content originally registered by the Client after security checks. The Client has two retrieval options:
a) via secure download from the Company which is free of charge or
b) by registered post in CD/DVD form for which an administration charge of £15 will be levied
2.7 Upon receipt of this request the Company will provide confirmation of the date of registration, date of retrieval and the digital file

3. Duration
3.1 The Contract shall commence on the date on which the Client pays all applicable Charges in order to use the Service and unless earlier terminated as provided below shall continue until:
a) The Company exercises its right not to provide the Service to the Client following a breach of the Contract by the Client
b) The Client opts not to pay any applicable renewal Charge in order to continue using the Service
c) The Client terminates the Contract before the renewal period by giving 30 days notice in writing to the Company, thus surrendering any payment made for that annual period
3.2 The Contract shall cover a period of one year, commencing as described in 3.1

4. Changes to the Service
4.1 The Company may change the terms and conditions from time to time. The Company will publish the terms and conditions on the IdeaSecure.co.uk website and will deem the changes to have been accepted by the Client.
4.2 The Company reserves the right to make alterations or improvements to the IdeaSecure.co.uk website and/or literature relating to the provision of the Service should it deem necessary
4.3 The Company may make any changes to comply with any legal, safety or statutory requirements and will publish any such changes on the IdeaSecure.co.uk website
4.4 Should the Client object to any terms and conditions or any subsequent modifications thereto or become dissatisfied with the Service in a way that cannot be resolved amicably by the Company, the Client’s only recourse is to immediately discontinue use of the Service, thereby terminating the Contract with the Company

5. Charges
5.1 The Company’s Charges are those referred to for provision of the Service, currently £19 per annum for each Content registration, and £10 for each year thereafter
5.2 The Company reserves the right to amend the Charges at any time, and such changes will be published on the IdeaSecure.co.uk website as soon as they come into effect. These Charges will then apply to new Clients or those making a renewal after introduction of the new Charges
5.3 Provision of the Service will not commence until full cleared payment of Charges is received by the Company. Should a Charge become unpaid (including but not limited to returned cheques, declined card payments, card fraud, or loss of postal payments/bank transfers) then the Company reserves the right to seek any costs incurred as a result of the Client’s failure to pay. The contract for provision of the Service contained herein that commenced at the time of initial payment will become null & void from the date of initial payment unless otherwise agreed in writing by the Company

6. Obligations and Liabilities of the Company
6.1 The Company shall provide the Service as described above to the Client with all due reasonable skill and care
6.2 The Company shall take all reasonable steps to make regular backup copies of its databases and protect the data it holds with all due reasonable skill and care in order to limit any potential loss to the Client
6.3 All Content and other personal information registered with the Company as part of the Service shall be kept strictly private and confidential (except in the event of an occurrence described
in 6.4), and shall not be disclosed to any unauthorised third party in keeping with the Data Protection Act 1998
6.4 Disclosures of Content or other personal information to third parties will only be made if instructed to do so in writing by the Client, or if required to do so by law or in the good faith belief that such an action is necessary to:
a) Conform to the law or comply with a legal process served on the Company
b) Protect and defend the rights of the Company
c) Fix problems with the website, server or software that may cause the Service to be disrupted
6.5 Should any Content lodged by the Client become public knowledge through no fault of the Company, the Company shall have no liability concerning the Content being in the public domain
6.6 The Company has no liability for any expenses or costs the Client may incur due to loss, damage or other claims which arise out of the Client being provided the Service
6.7 The Company is neither liable nor responsible for any loss, damage or other claims resulting in the Client submitting incorrect, incomplete, illegal, corrupted, illegible or otherwise unsuitable Content for registration, or for the failure of the Content to be received or acknowledged by the Company
6.8 The Company is not responsible for any delay, failure or other disruption to the Service that is caused by events beyond the Company’s reasonable control, including but not limited to any Force Majeure such as acts of God, strikes, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administrator or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in the manufacture, production, or supply by third parties of equipment or services
6.9 The Service provided by the Company does not claim to provide any formal legal, statutory or copyright protection, nor does it guarantee that the Client owns the copyright for the submitted Content. The Service provided helps the Client ascertain a date of conception and may aid proof of originality for their lodged Content in the event of a dispute. The responsibility of proof in such a dispute lies with the Client, and the Company shall not enter into any legal correspondence whatsoever other than providing a copy of the registered Content upon the Client’s request

7. Obligations and Liabilities of the Client

7.1 The Client agrees to ensure that all Content submitted to the Company is accurate, not misleading and shall not contain any relevant omissions, and shall provide all sufficient information in order that the Company can provide the Service to the Client in a timely and professional manner

7.2 The Client agrees to notify the Company of any change of Personal Information

7.3 The Client agrees not to upload files that contain computer viruses of any sort. Should the Company identify that a virus has been uploaded the Contract will be terminated and all fees retained by the Company

7.4 The Client agrees to retain all Personal Information submitted as part of this service and hold in safe custody all Serial Numbers and other relevant information provided by the Company in order to retrieve the content at a later date

7.5 The Client warrants that ownership of the content is theirs and they are not infringing any copyright, intellectual property, trademark or patent laws, the Client indemnifies the Company for any loss, damages or expenses arising from such an infringement

7.6 The Client is responsible the safe-keeping of the original content

7.7 Unless otherwise stated or agreed by the Company, the Client retains their own copyright (where applicable), ownership, and all related rights relating to their Content

7.8 The Client acknowledges that the Company neither endorses nor assumes responsibility if the Content submitted by the client is threatening, libellous, obscene, harassing, illegal or offensive in any way, and also acknowledges that it is the Client’s responsibility to ensure that any Content submitted is acceptable by law in their country or state of residence

7.9 The Client agrees that any refund made by the Company will only be provided in special cases such as individual technical/software/hardware issues that prevent the Client from lodging Content in order to use the Service. All refunds will be issued at the discretion of the Company

7.10 The Client agrees that the Company is indemnified from any claim arising from any unauthorised use of the Client’s computer in relation to these terms & conditions

8. Termination

8.1 The Company shall have the right by giving notice to the Client at any time to immediately terminate the Contract if there occurs a material breach by the Client of any term and condition of the Contract which is irremediable - or if remediable is not remedied to the Company’s satisfaction within 7 working days of notice by the Company specifying the breach

8.2 The Client shall have the right to terminate the Contract by giving written notice to the Company within 7 working days of their desired date of termination, and by doing this the Client acknowledges that no refund will be made of any Charges paid for that annual period

9. Privacy Policy and Data Protection

9.1 All personal data will be held in accordance with the terms of the Company’s privacy policy, which can be found on the IdeaSecure.co.uk website. All data is held in accordance with the provisions of the Data Protection Act 1998, and the Company is registered with the Data Commissioner in the United Kingdom for such purposes

10. Rights of Third Parties

10.1 No person other than the Company, any person to whom the Company assigns the Contract and the Client shall acquire any rights under or in connection with the Contract, unless in a scenario specified in 6.4

11. Law and Jurisdiction

11.1 The Contract contains all of the terms and conditions in which the Company and the Client have agreed in relation to its subject matter and supersedes all previous oral or written communications between the parties. The Company does not authorise the giving of representations on its behalf by any person unless confirmed in writing and signed by all directors of the Company. The law applicable to this contract shall be English law and the parties consent to the jurisdiction of the English Courts in all matters affecting this contract