3.0 Termination

Either you or we may terminate this Agreement upon written notice to the other party of a material breach, or if the other party becomes the subject of a petition in insolvency proceedings, bankruptcy, receivership, liquidation or assignment for the benefit of its creditors.

4.0 General rules

You promise to follow these rules:

1. You won’t send Spam! By "spam", we mean the definition provided by Spamhaus, using the internal email platform within the Engineering Forms Software;
2. You won’t use purchased, rented, or third-party lists of email addresses;
3. You won’t copy any of our forms or services for use outside of the Engineering Forms Software.
4. If you violate any of these rules, then we may suspend or terminate your account and may take further legal action in the event of copyright infringement;
5. You will comply with all applicable data protection legislation, including the EU General Data Protection Regulation; and
6. You may only use our bandwidth for your use of the Service.

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4.1 Reporting abuse

If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a Engineering Forms user, we want to hear about it. If you think anyone has posted material that violates any copyrights, then you may notify us.

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5.0 Indemnity

You shall defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Service (or us taking any action in relation to the Service at your direction), including any claim or action from a recipient of any Content sent by means of the Service.

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5.1 Our responsibility for loss or damage if you are a business

We are not responsible for any loss or damage to data entered onto the 'Engineering Forms Platform' by your users. By using our service you acknowledge that;

1. you assume sole responsibility for results obtained from your use of the Service, and for conclusions drawn from such use. We shall have no liability for any damage caused to entries by software errors;
2. all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms; and
3. the Service is provided to you on an “as is” basis.

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We shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any:

1. loss of profits,
2. loss of business,
3. depletion of goodwill and/or similar losses,
4. loss or corruption of data or information,
5. pure economic loss, or
6. special, indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms;

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5.2 Force Majeur

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, changes to law or regulations, embargoes, fires, earthquakes, floods, strikes, power blackouts, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

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5.3. Data Processor Term

We only process personal data you provide to enhance the experience you receive via our Engineering Forms software platform.

You are in full control of your personal data via your subscriber account dashboard.

All of our software along with your data is encrypted and held on the Amazon Web Services platform.

6.1 Proprietary rights owned by us

Subject to the limited rights expressly granted in these Terms, we reserve all our rights in and to the Services, including all of our related intellectual property rights (including patents, trademarks, trade secrets, and copyrights). No rights are granted to you under these Terms other than as expressly set forth in these Terms. You will respect our proprietary rights. “Engineering Forms” and the “Engineering Forms” logo, including all form and certificate designs are trademarks belonging to ITECH PROJECTS LTD. You are not authorised by us to use our trademarks or produce new certificates outside of the Engineering Forms Software platform without prior permission.

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6.2 Proprietary rights owned by you

You represent and warrant that you either own or have permission to use all of your Content. You retain ownership of your Content. By using the Service you grant us a license to use your Content in order for us to provide, and ensure proper operation of the Service to you. You acknowledge and agree that we will have the right to use your Content in an anonymized way (which does not identify you or the recipient) for the purposes of improving our service.

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6.3 Privacy Policy

We will not share your company or company user data to any 3rd party unless you do so yourself within the Engineering Forms software platform. You have the right to manage your own data within your Dashboard area and you also have the right to request any data we hold for you is deleted within 30 days, although this will also result in the termination of your account as well as any folder links you may have shared with your clients. Our Privacy Policy is treated as part of these Terms.

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6.4 Waiver

Even if we delay in enforcing these terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking them, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date.

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6.5 Survival

Any of these terms that expressly or by implication is intended to continue or come into force on or after termination of this Agreement shall continue in full force and effect. Without limitation.

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6.6 Severance

1. If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
2. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

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6.7 Entire agreement

1. These Terms and any documents referred to in them constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover
2. Each of the parties acknowledges and agrees that in entering into these Terms it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to these Terms or not) relating to the subject matter of these Terms, other than as expressly set out in these Terms.

6.8 Assignment

1. You shall not, without our prior written consent of us, assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under these Terms.
2. You may not sub-subscribe your or any subscriber account to a 3rd party. All accounts must be operated directly by the account holder and their users of it.
3. We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under these Terms.

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6.9 No partnership or agency

Nothing in these Terms is intended to or shall operate to create a partnership between the parties, or authorize either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

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6.10 Third party rights

These Terms do not confer any rights on any person or party other than you and us.

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6.11 If you are a business – Governing Law and Jurisdiction

1. These Terms and any disputes or claims arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the laws of the United Kingdom.
2. The parties irrevocably agree that the courts of the United Kingdom have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).

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6.12 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer?

These Terms are governed by UK law and you can bring legal proceedings in respect of the products in the UK courts. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a consumer to rely on such mandatory provisions of local law.

Thank you for taking the time to read these Terms.