Terms of Service - Securicy Data Solutions Ltd. 

Securicy Data Solutions Ltd. is in the business of development, supply and operation of products and services related to web-based software development; and WHEREAS, this Agreement contains Securicy Data Solutions Inc. terms of engagement;

NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto, intending to be legally bound, agree as follows:

1. SERVICES PROVIDED

Securicy Data Solutions Inc. will provide services to the customer according to the enclosed order form.

2. PAYMENT OPTIONS and BILLING ARRANGEMENT

Payment options and billing arrangements outlined in the order form.

3. GRANT AND SCOPE of this AGREEMENT

In consideration of the Customer agreeing, through the use of the software, to abide by the terms of this service agreement, Securicy Data Solutions Inc. hereby grants to you a non-exclusive, non-transferable use of this software on the terms of this agreement.

4. INTELLECTUAL PROPERTY RIGHTS

The Customer acknowledges that all intellectual property rights in the software throughout the world belong to Securicy Data Solutions Ltd., and that the Customer has no rights in, or to, the software other than the right to use the software in accordance with the terms of this agreement.

5. NON-PAYMENT

If the Customer does not pay an invoice sent by Securicy Data Solutions Ltd. or fails to comply with a request for payment within 30 days after the invoice is sent or the request is made; upon notification to the Customer, Securicy Data Solutions Inc. may immediately limit access to the Customer’s account until a payment arrangement has been made to bring the account to balance. Invoices not paid within 30 days will be subject to interest charges as set forth in the invoice.

6. TERMINATION BY CUSTOMER

The Customer may terminate this agreement if Securicy Data Solutions Ltd. fails to reasonably provide the software, modules and support as outlined in this agreement.

7. TERMINATION BY Securicy Data Solutions Ltd.

Securicy Data Solutions Ltd. may terminate this agreement and stop providing service to the Customer if the Customer does not comply with this Agreement.

8. RIGHTS ON TERMINATION

Upon termination of the Agreement for any reason:

(a)  All rights granted to the Customer under this agreement shall cease;

(b)  The Customer must cease all activities authorized by this agreement

9. CUSTOMER INFORMATION (Data)

Ownership

All information entered into Securicy web-based software will be considered the property of the Customer. Securicy Data Solutions Inc. will not access or use data entered into the Securicy application for any other purpose than those expressed in this agreement.

Security

Securicy Data Solutions Ltd. will make every reasonable effort to store, protect and back up the Information (Data) entered into the Securicy application by the representatives of the Customer. This information will be retained throughout your subscription. If you choose to terminate your subscription your data will be kept for one year at which point it will be destroyed. Neither Securicy nor its affiliates will make any unauthorized use of the Data or disclose, in whole or in part, any part of the Data to any individual or entity, except to those of Securicy Data Solutions Ltd. employees or consultants who require access and agree to comply with the use and nondisclosure restrictions applicable to the Data under this Agreement.

The Customer will make every reasonable effort to protect its own account information (usernames and passwords) from misuse by company staff. The Customer will also make reasonable effort to ensure that account information does not fall into the hands of individuals with intent to harm either the Customer or Securicy Data Solutions Inc. The Privacy Policy of Securicy Data Solutions Ltd., as amended from time to time, is hereby incorporated into, and forms part of this Agreement.

10.  TERM

The term of each subscription shall be as specified in the Subscription Order Form. Except as otherwise specified in the Subscription Order Form, subscriptions will automatically renew for additional periods equal to the expiring subscription term or one year (whichever is shorter), unless either party gives the other notice of non-renewal at least 30 days before the end of the relevant subscription term. The per-unit pricing during any automatic renewal term will be the same as that during the immediately prior term unless Securicy Data Solutions Ltd. have given the Customer written notice of a pricing increase at least 60 days before the end of that prior term, in which case the pricing increase will be effective upon renewal and thereafter.

11. CHANGES TO TERMS OF SERVICE AND USAGE

Securicy Data Solutions Ltd. will provide the Customer with 60 days notice of any changes to the Terms of Service.

12. LIMITATION OF LIABILITY

Securicy Data Solutions Ltd. shall not be liable for lost profits, loss of goodwill, or any special, indirect, consequential or incidental damages, however caused and on any theory of liability, arising in any way out of this agreement. Subject to this article 13, the total liability of Securicy Data Solutions Ltd. in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Agreement shall be limited to the subscription fee.

13. FORCE MAJEURE

Securicy Data Solutions Ltd. reserves the right to defer the date of delivery or to cancel the contract if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of Securicy Data Solutions Ltd. including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 90 days, the Customer shall be entitled to give notice in writing to Securicy Data Solutions Ltd.. to terminate the Agreement.

February 24th 2017 - updated by Laird Wilton, Co-Founder Securicy