Note.
References to ‘We’, ‘Us’, ‘Our’ are all related to the company ‘ability4® Limited’ which includes the trading name ability6®; a business registered in and operating out of the Isle of Man. Ability4® Limited is registered under company registry number 130238C, registered address: 38 Carrick Park, Sulby, IM72EY Sulby.
References to ‘You’, ‘Yours’ are all related to either:
a. You as an individual
b. Or, in the instance that you are registering as a representative of an organisation (for-profit organisation, or otherwise) then this means your organisation.
By registering for or using the Services, you represent and warrant that:
You are eighteen (18) years of age or older.
If you use the services on behalf of another party, you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
It is your responsibility to provide accurate, current, and complete information on the registration forms, including a valid email address and phone number that you have access to at all times. If there is ever an abuse issue or we need to contact you, we will use the primary email address or phone number that we hold on file. It is your responsibility to ensure that the contact information for your account(s) is correct and complete at all times.
You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
These terms are broken down into the following sections, all of which form the entirety of the terms and conditions.
1. Website Security
2. Rights to the data stored on our servers / Backup Policy
3. Payment / 99% Guaranteed hosting uptime
4. Cancellation rights & termination
5. Upgrading & downgrading
6. Copyright / Ownership
7. Data Storage
8. Limitation of Liability
9. Indemnification
10. Limited Warranty
11. Disclosure to Law Enforcement
12. Entire Agreement Statement
13. Changes to the Agreement or the Services
14. Force Majeure
15. Third-Party Beneficiaries
1. Website Security
The following methods have been implemented in order to protect the data stored upon the servers that we lease.
a. Forced SSL encrypted connection
b. Review of network ports to ensure prudent measures are in place to help protect your data from unauthorised access
c. Established password policy in relation to password complexity
d. Encrypted storage of passwords
e. Automated lock-out and notification of three sequential login failures
f. Automated log out facility
g. The ability for you (the user) to change your password at any time (additionally the administrator has the direct access to lock-out, disable or delete the accounts of other users within your organisation).
h. Two-factor authentication
Whilst we aim to have these security measures in place for you it is not possible for us, or any other organisation to guarantee a 100% secure environment for 100% of the time. For example: if you lose your password, or there is software installed on your computer to track keystrokes then fraudulent access to your account may be possible. Through our engaged partners scheduled checks are performed to ensure the early identification of any known security risks.
For further information in relation to the security of your account please contact us on UK +44 (0) 330 043 8943, US +001 (917) 970-0755.
2. Rights to the data stored on our servers / Backup Policy
You accept that information transmitted to us is held on servers leased, in full (dedicated) or part (virtualised) (known as hosting environments) in the name of ability4® Limited, or ability6®, a trading name of ability4® limited. Data is at all times professionally isolated and all data stored on these hosting environments are in whole owned by ability4® limited.
The following options are in place to ensure the data stored on these hosting environments is protected:
a. Data held on the ability4® Limited’s hosted environments will work in cooperation with its partners to participate in the dispute resolution program provided by the European Data Protection Authorities.
b. You can freely export the following information from your account
a. Matrix – (containing all Departments, Tasks, Employees and Skills Competence of Employees) *3
b. Management Information Suite – Includes all visual graphs and ‘representations’ of the data relating to your organisation which is stored on our servers *3
c. Your use of the Services is at your own risk. Our backup service aims to run weekly and unless agreed will overwrite any of our previous backups.
d. For corporate users, you are able to select historic data for both the ‘Matrix’ and ‘Management Information Suite’.
If you decide to close your account, we suggest that you take an export of the data stored on our servers (in relation to your organisation) before deleting any data or issuing ability4® Limited with a cessation notification (cancellation).
If you close your account without taking a backup, then in-line with Data Protection you may still be able to request your information by contacting us UK +44 (0) 330 043 8943.
You agree to take full responsibility for all files and data transferred, and to maintain all appropriate backup of files and data stored on your account held with us.
All data will continue to be mirrored to a secondary drive to help protect against data loss in the event of a drive failure.
3. Payment
Payments need to be made in advance. There are two options:
Monthly
Yearly
At present ‘Stripe’ or ‘Direct Bank Transfers’ are the only accepted methods of payment. *4
All accounts come with a 30-day money-back guarantee. If you wish to cancel your account within the first 30 days please notify us providing a reason for the cancellation to hello@ability6.com. We shall then process your return payment to the account in which funds were received, using the same method of payment, the same currency of payment and less any payment charges we may have or will incur (we will not transfer / make payments to / or process refunds to another account under any circumstances). In the instance that currency conversion is required to process the refund, you will only receive the equivalent of the value of your account in sterling (you accept that this value can go up as well as down).
Unless otherwise stated, you agree that until you notify ability4® Limited of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your service, using your desired payment method defined upon sign-up, or otherwise updated.
Fraud. It is a violation of this agreement for you to misuse or fraudulently make payments to us. ability4® Limited will report any such misuse or fraudulent use, as determined by ability4® Limited’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
Uptime. Our service uptime guarantees (SUG) of 99% are covered from 1st of January to 31st December in availability time per year. If we fail to maintain this Service Uptime Guarantee in any one year (as solely determined by us), you may contact us and request a credit of 1-months hosting costs to be applied to your account for the following year. Any credits under these terms may be only be used to advance your monthly plan and not used in conjunction with any of our other offered services.
The SUG does not apply to service interruptions caused by:
(A) Periodic scheduled maintenance or repairs we may undertake from time to time, where planned maintenance is scheduled, we will make all responsible effort to inform clients prior to any actual or perceived downtime;
(B) Downtime caused by you from custom uploading of data where an error has occurred that involves our support staff needing to intervene or have need the for our development team to investigate.
(C) Downtime caused beyond our control or that has not been reasonably foreseeable.
4. Cancellation rights & termination
You can cancel your account at any time.
Payments are made in advance and are non-refundable except within the first 30 days (actual days, not working days) whereby a full refund less any payment charges can be requested.
Upon completion of the cancellation request via email (request from the administrator / registered account holder’s email) to hello@ability6.com your request will be dealt with and your account will be placed in an inactive / dormant status. The data in relation to your organisation which is stored on our servers will not be available for you after the cancellation process has completed. If you wish to recommence usage of the platform you will need to set up a new account.
5. Upgrading & Downgrading
To upgrade your account please select ‘update’ from within your control panel dashboard (post-login). Only the available update options will be shown to you. Once you have selected the upgrade option your account (including all of the data stored on our servers in relation to your organisation) will automatically migrate into your new package.
Your login details will remain unchanged.
The account upgrade process is automated, although depending on the volume of data already stored in your account may take up to 3 business hours to successfully propagate*1. After propagation has completed you will have instant access to the features of the account in which you have upgraded to. You will not be charged for the upgrade until the first full month of planned usage; in which payment will be collected in advance in line with standard payment terms outlined above *2.
If you wish to downgrade your account, please contact us UK +44 (0) 330 043 8943. Given that features will be removed if you downgrade your account; your experience of the system may be compromised. We advise that you look over all of the available features of the intended downgrade option to ensure this will be suitable for your business. There is no automated downgrade option. This is a manual process for our back office and as such there may be an administrative charge applied to your request.
6. Copyright / Ownership / Intellectual Property
You accept that information transmitted to ability4® Limited is held on servers owned / and or leased by ability4® Limited. The ability4 Limited platform and the data stored on it remains the property of ability4® Limited at all times. The data stored in our hosted environments will never intentionally be shared with any third party organisation.
7. Data Storage
ability4® Limited utilise professional services of reputable hosting companies based solely within the United Kingdom (UK). By placing an order or utilising the services of ability4® Limited in any way you accept that your data may be held on servers operated within this jurisdiction. ability4® Limited is registered for data protection within the United Kingdom and Isle of Man.
8. Limitation of Liability
IN NO EVENT WILL ABILITY4® LIMITED, ABILITY6® A TRADING NAME OF ABILITY4® LIMITED, ITS DIRECTORS, OWNERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ABILITY4® LIMITED FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
9. Indemnification
You agree to indemnify, defend and hold harmless ability4® Limited, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
10. Limited Warranty
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, WE AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. WE AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. WE AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
11. Disclosure to Law Enforcement
We may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
12. Entire Agreement.
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
13. Changes to the Agreement or the Services
We may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the ability4® Limited website, or where relevant the ability6® website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
We reserve the right to modify, change, or discontinue any aspect of the Services at any time.
14. Force Majeure
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labour disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
15. Third-Party Beneficiaries
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against the user as if it were a party to this Agreement.
*1 Estimate time – turnaround within 3 hours cannot be guaranteed, however the process does usually happen sooner.
*2. The 30-day month back guarantee is only available for upgrades to the corporate package.
*3. Data exported is of a value date in which it is exported only (excluding historic reports).
*4. As at December 2015.
TERMS DATE: 28/06/2016.