Attenda - Legal Terms

Legal Terms

Legal Notice | Privacy Policy | Acceptable Use

Important Legal Notice

ATTENTION: This legal notice applies to the entire contents of this website under the domain name www.attenda.net ( Website) (including access to and use of the client portal at www.myattenda.net) and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this Website. This notice is issued by Attenda Limited ( Attenda).

Introduction
1. You may access most areas of this Website without registering your details with us. Certain areas of this Website are only available to you if you register.
2. By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
3. Attenda may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
Licence and intellectual property rights
1. You are permitted access to reports located at www.myattenda.net . You are permitted to print and download extracts from this Website (including www.myattenda.net ) for your internal use on the following basis:
2. no documents or related graphics on this Website are modified in any way;
3. no graphics on this Website are used separately from accompanying text; and
4. Attenda’s copyright and trade mark notices and this permission notice appear in all copies.
5. Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation images, text, programs or other materials) are owned by Attenda or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
6. Subject to paragraph 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Attenda’s prior written permission.
7. Any rights not expressly granted in these terms are reserved.
8. The names, logos, and trademarks identifying Attenda's products and services are proprietary marks of Attenda Limited or its related companies. All other trademarks and service marks are the property of their respective owners.
Service access
1. While Attenda endeavours to ensure that this Website is normally available 24 hours a day, Attenda shall not be liable if for any reason this Website is unavailable at any time or for any period.
2. Attenda may suspend, modify or discontinue www.myattenda.net at any time without liability. Attenda may terminate the Client's access without cause on 7 days prior notice by publishing such notice on its Website. The standard availability hours of www.myattenda.net are 9 a.m. and 6 p.m. (Monday to Friday (excluding bank holidays). Whilst this Website is also available outside these hours, Attenda reserves the right to undertake maintenance work outside such hours.
Client information and conduct
1. You consent to the collection, processing and storage by Attenda of your personal information in accordance with the terms of Attenda's Privacy Policy, which is available at the footer section of our website www.attenda.net . You agree to comply with all applicable laws and regulations, and the terms of Attenda's Privacy Policy, with respect to any access, use and/or submission by you of any personal information in connection with this Website.
2. Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. Attenda shall have no obligations with respect to such material. Attenda and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
3. You consent to the terms of the Acceptable Use Policy, which is available at the footer section of our website www.attenda.net .
Links to and from other websites
1. Links to third party websites on this Website are provided solely for your convenience. If you select any of these links, you will leave this Website. Attenda has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content suitability or availability. Attenda therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
2. If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
  1. you do not remove, distort or otherwise alter the size or appearance of the Attenda logo;
  2. you do not create a frame or any other browser or border environment around this Website;
  3. you do not in any way imply that Attenda is endorsing any products or services other than its own;
  4. you do not misrepresent your relationship with Attenda nor present any other false information about Attenda;
  5. you do not otherwise use any Attenda trade marks displayed on this Website without express written permission from Attenda;
  6. you do not link from a website that is not owned by you; and
  7. your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
3. Attenda expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these terms and to take any action it deems appropriate.
4. You shall fully indemnify Attenda for any loss or damage suffered by Attenda or any of its group companies for breach of paragraph 5.2.
Security
1. You will be provided with User IDs and passwords to be used for access to www.myattenda.net . You must notify Attenda promptly in the event of any security issue at your premises (for example, the dismissal or resignation of employees with access). As soon as possible following such notification Attenda will remove the access rights of those concerned. Attenda reserves the right to restrict access in the event of any threat to the security of the site.
Disclaimer
1. While Attenda endeavours to ensure that the information on this Website is correct, Attenda does not warrant the accuracy and completeness of the material on this Website. Attenda may make changes to the material on this Website, or to the services and prices described in it, at any time without notice. The material on this Website may be out of date, and Attenda makes no commitment to update such material regularly, or at all.
2. The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Attenda provides you with this Website on the basis that Attenda excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
Liability
1. Attenda, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of Attenda’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
2. Nothing in this legal notice shall exclude or limit Attenda’s liability for:
  1. death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
  2. fraud; or
  3. fraudulent misrepresentation; or
  4. any liability which cannot be excluded or limited under applicable law.
3. If your use of material on this Website results in any damage to, or the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
Governing law and jurisdiction
1. This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.

Issue Date: April 2005

If you have any comments, questions or suggestions, please contact the website owner.

WE RECOMMEND THAT YOU PRINT A COPY OF THESE TERMS AND CONDITIONS FOR YOUR OWN REFERENCE PURPOSES.

*************************************************************

Online Privacy Policy

Attenda Limited and our related companies ("Attenda") are committed to respecting your online privacy and recognise your need for appropriate protection and management of any personally identifiable information ("Personal Information") you share with us.

Attenda has established this Online Privacy Policy so that you can understand the care with which we intend to treat your Personal Information.

By using this web site, you consent to the terms of our Online Privacy Policy and to Attenda's processing of Personal Information for the purposes set out in this policy.

This policy sets out the following information:

1 Details of information collected about you and how we hold it
2 Cookies and e-mail communications
3 How we protect your information
4 How we use your information
5 Your rights
6 Modification of this Policy

1 Details of information collected and how we hold it.

We collect Personal Information from you to enable us to contact you about our services, to provide you with information about our services and to provide details of and booking seminars. When using myAttenda ( https://www.myattenda.net), we collect Personal Information for the purposes of providing you access to this client portal.

Personal Information means any information that may be used to personally identify an individual, including, but not limited to, a first and last name, telephone number, an e-mail address or other contact information. A number of fields are optional (e.g. job title).

In general, you can visit Attenda's web pages without telling us who you are or revealing any Personal Information about yourself. When you visit our site our servers will automatically record details of your internet service provider, the pages you visit, and the date and length of your visit.

2 Cookies and e-mail communications

Some of our web pages utilise "cookies" and other tracking technologies. A "cookie" is a small text file that may be used, for example, to collect information about web site activity. Some cookies and other technologies may serve to recall Personal Information previously indicated by a web user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them.

You may set most browsers to notify you if you receive a cookie or you may choose to block cookies with your browser. Please note that if you choose to erase or block your cookies, some functionality provided by our web pages may be unavailable. Persistent cookies are only used with your consent (e.g. "opt-in" to the "remember me" field). Non persistent cookies are a requirement to enable access to myAttenda ( https://www.myattenda.net).

Open emails are not secure and third parties may be able to intercept, view or alter any information you send via email. Attenda is not responsible for and cannot accept liability for any damage resulting from email messages sent to or received by Attenda. If you send us an email please keep the amount of confidential information you include to a minimum.

3 How we protect your information

Wherever your Personal Information may be held within Attenda or on its behalf, we intend to take reasonable and appropriate steps to protect the Personal Information that you share with us from unauthorised access or disclosure. As at the date of this policy, Attenda has successfully achieved the International Standard ISO27001:2005 for its Information Security Management Systems in both the UK and Germany.

4 How we use your information

We use your Personal Information to provide you by e-mail with details of and to arrange seminars, to contact you and to provide you with more information about Attenda and its services – but only if you have agreed to be contacted by "opting-in" in the relevant field. We also use your Personal Information to allow you access to myAttenda https://www.myattenda.net).

5 Your rights

You have a number of rights which are granted to you by the Data Protection Act 1998. You may request copies of all the information we hold about you. There is a small charge of £10 payable for the provision of this information.

To the extent that you do provide us with Personal Information, Attenda wishes to maintain accurate Personal Information. We endeavour to ensure that any information stored about you is accurate and up to date. You may at any time require us to correct or amend the information we hold about you and you may require us to remove your details from our mailing lists. Contact details are info@attenda.net or telephone 01784 211100.

Requests for removal, corrections or amendments will be processed within 20 working days of the request being received.

6. Modification of this Policy

Attenda reserves the right to change this policy from time to time.

WE RECOMMEND THAT YOU PRINT A COPY OF THIS POLICY FOR YOUR OWN REFERENCE PURPOSES

Issue Date: April 2005

*************************************************************

Acceptable Use Policy ("AUP")

1. General

Attenda ("Attenda") provides managed hosting services for client's websites and business critical applications and other related services (each, a "Service" and collectively the "Services"). A "Client" is any party who purchases a Service from Attenda. The "Client's Personnel" consists of its employees, agents, sub-contractors (other than Attenda) and the Client’s own customers

This policy defines the Acceptable Use of the Services with a view of ensuring the integrity, security and reliability of Attenda network, systems, products, services, server hosting facilities and data contained therein (collectively, the "Attenda Network").

2. Prohibited Activities

It is contrary to Attenda policy for any of its Clients or other Service user to effect or participate in any of the activities listed below (whether actual or attempted and whether directly or indirectly) through a Service.

Each of the below practices (each, a "Prohibited Activity") and any other similar activities constitutes abuse of Attenda's Services, network and facilities and interferes with other Service users. Accordingly, the Client shall not and ensure that the Client Personnel shall not:

Unauthorised Use: Obtain or attempt to obtain unauthorised access to any account or computer resource not belonging to that user;

Alteration of Information: Engage in or attempt unauthorised access, alteration, corruption or destruction of information belonging to Attenda and/or any Attenda Client or falsifying user or other Service related information;

Interference to Network etc: Use Attenda Services to interfere with or degrade any service to any user, host or network, deliberately attempting to overload a service and/or attempting to crash a host, including but not limited to flooding networks, sending unsolicited bulk e-mail, denial of service attacks and mail bombing;

Interference to Communications: Use any kind of program, script or command, or send messages of any kind, that are designed to or that cause any other party to interfere with a user’s data communications, regardless of means, whether locally or via the Internet;

Covert Transmissions: Intentionally omit, delete, fraudulently amend or misrepresent information transmitted or to be transmitted through the Services, including but not limited to headers, return-address information and Internet Protocol addresses ("spoofing"), or taking any other action intended to conceal the identity or contact information of the Client or its users;

Breach of Security: Store and/or distribute materials and/or tools intended to breach or infiltrate security arrangements or engage in any activity which may threaten the security or integrity of any network or service (including but not limited to transmission of worms, viruses, logic bombs, Trojan horses, and other malicious codes and accessing any device or data without proper authorisation);

Inappropriate Software Products and Services : Allow the Services to be used to promote illegal activities including allowing, permitting or facilitating the transmission, promotion or otherwise making available any software product or service that is either illegal or designed to cause or facilitate the hacking of any site.

Inappropriate Content: Allow the Services to be used for publishing or transmitting content which is inappropriate or otherwise in breach of applicable law. The Client shall immediately implement a "notice and take down" procedure in respect of any content which is or may be reasonably considered to be inappropriate or in breach of applicable law which the Client's Personnel (other than the Client's customers) becomes aware and shall notify Attenda accordingly.

Accepted internet standards: Engage in any activity that is likely to violate generally accepted standards of the internet, other networks conduct and usages, or codes of conduct including but not limited to any denial of service attacks, web page defacement, port and network scanning and unauthorised system penetrations;

Applicable laws: Failing to comply with any applicable law or regulation, (including but not limited to the posting or transmitting any material (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or (b) for which you have not obtained all necessary licences and/or approvals; or (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe or misappropriate another party's rights such as intellectual property rights).

3 . Rights and Remedies

Attenda may suspend and/or terminate a Client's Service at any time for any failure of Client, or the Client's Personnel to comply with this policy or for engaging (or permitting others to engage) in any Prohibited Activity or similar/related activity.

Nothing in this Acceptable Use Policy limits Attenda rights and remedies (available at law or in equity) in any way with respect to any Prohibited Activity. Attenda shall fully co-operate with any law enforcement authorities or court order requesting or directing Attenda to disclose the identity or locate anyone posting any material in breach of this policy .

4 . Password Protection

Users are responsible for protecting their password and for any authorised or unauthorised use made of their password. Users will not use or permit anyone to use Attenda's Service to guess passwords or access other systems or networks without written authorisation. If a user suspects that their password is known to another person, then they shall contact Attenda immediately to arrange for a new password to be issued.

THE CLIENT SHALL INDEMNIFY AND KEEP ATTENDA INDEMNIFIED AGAINST ALL DAMAGES, CLAIMS, COSTS, LOSSES AND LIABILITIES SUFFERED OR INCURRED BY ATTENDA AS A RESULT OF ANY BREACH (OR ANY SUSPECTED BREACH) OF THIS POLICY

5. Modification of This Policy

Attenda reserves the right to change this policy from time to time.

WE RECOMMEND THAT YOU PRINT A COPY OF THIS POLICY FOR YOUR OWN REFERENCE PURPOSES

Issue Date: April 2005