These Terms and Conditions apply to your use of 4Projects Ltd’s Project Extranet solution. Use of the Project Extranet will be subject to the most current version of the Terms and Conditions uploaded on the Project Extranet at the time of such use. Your access and use of this Project Extranet constitutes your agreement to be legally bound by these Terms and Conditions. If you have a written agreement with 4Projects Ltd for the use of this 4Projects extranet, that written agreement will supersede these Terms and Conditions to the extent of any conflict. If you breach any of the Terms and Conditions, your authorisation to use this Project Extranet automatically terminates. These Terms and Conditions will supplement any written agreement that the Client has with any of its Users of the Project Extranet.
4Projects Ltd reserves the right to amend the terms of this agreement, the revised Terms and Conditions will become effective when uploaded to this Project Extranet. You agree to periodically review these Terms and Conditions and agree that your continued use of the 4Projects Ltd extranet constitutes your agreement to any revised Terms and Conditions.
These Terms and Conditions will be governed by and interpreted under UK legislation.
These Terms and Conditions, and any written agreement you may have with 4Projects Ltd, constitute the entire agreement between us with respect to your use of the 4Projects Ltd extranet.
4Projects Ltd’s failure to enforce any provision of this Agreement will not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Waiver by either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.
4Projects Ltd will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of cause beyond the reasonable control of 4Projects Ltd including, without limitation, outages of the Internet or connections thereto, communications outages, earthquake, fire, flood, war, or act of God; or any acts of governmental bodies or authorities.
4Projects Ltd shall be entitled to delete all data stored on a Project Extranet one month after the Project Extranet is terminated by the Client.
Use of the Project Extranet
You agree to use the Project Extranet solely for the purpose of completing the applicable project(s). The Project Extranet should not be used for any other purpose, such as general storage of unrelated information. You shall not resell project management, hosting or any other services on behalf of any third parties.
You are responsible for maintaining the confidentiality of your account username and password and agree not to allow any third party to use your User identification to access the Data and Files and application services on this Project Extranet. You are responsible for all uses of your account, whether or not actually or expressly authorised by you. If there is a breach of the confidentiality of a password or username assigned to a User, or any breach of security through a User's account, then the User shall notify 4Projects Ltd immediately.
You shall inform project members regarding 4Projects Ltd’s security provisions and regulations and, where applicable, the Client’s security provisions and regulations. Since a Project Extranet may be used to disseminate information via the Internet to other project members, the Client shall be responsible for monitoring its Project Extranets such that information is disseminated in accordance with applicable UK law.
Data and Files
When you upload Data and Files to the Project Extranet, you warrant that you have the necessary rights to upload Data and Files and grant others the right to use the Data and Files in connection with the project under applicable copyright, patent, trademark and trade secret laws. You agree to indemnify, defend and hold 4Projects Ltd and the other Users of the Project Extranet harmless from and against any claim that you did not have these rights. Upon completion of the project, 4Projects Ltd may archive the Project Extranet Data and Files on behalf of the client. You agree that the Data and Files you upload to the Project Extranet or generate with the 4Projects Ltd extranet may be used for these purposes. Unless authorised by the contract documents for the project, further reproduction, distribution and use of Data and Files contained on the Project archives will be subject to obtaining the consent of the copyright, patent or trademark owner, as the case may be.
You may only upload to the Project Extranet, Data and Files that are (a) owned by you, (b) uploaded with the express permission of the owner, or (c) in the public domain.
While using the Project Extranet you may not:(i) upload any Data and Files anonymously or under a false name; (ii) upload any unlawful, threatening, abusive, libellous, defamatory, obscene, pornographic, profane or otherwise objectionable Data and Files, including any transmission constituting or encouraging conduct that would violate any local, national or international law or give rise to civil liability; (iii) upload any Data and Files which discloses private or personal matters concerning any person(s) or party(s); (iv) upload any Data and Files that contains a virus or other contaminating or destructive features; (v) upload any Data and Files that violates the property rights of others, including copyrighted text, images or programs, trade secrets or other confidential information, and trademarks or service marks used in an infringing fashion; (vi) interfere, in any way, with other Users of this Project Extranet ; (vii) upload charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes; or (viii) upload non-project related Data and Files.
By using the Project Extranet, you acknowledge that: (i) 4Projects Ltd may not pre-screen Data and Files and, as such, 4Projects Ltd does not guarantee the accuracy, integrity, or quality of such Data and Files; (ii) you will evaluate, and bare all risks associated with, the use of any Data and Files, including any reliance on the accuracy, completeness, or usefulness of such Data and Files; (iii) you may be exposed to Data and Files that is indecent, offensive, or otherwise objectionable; and (iv) under no circumstances will 4Projects Ltd be liable in any way for any Data and Files, including, but not limited to, any errors or omissions in any Data and Files, or for any loss or damages of any kind incurred as a result of the use of any Data and Files. (v) 4Projects is a collaborative system and as such, other users of the system will be able to view limited personal data including contact information.
However, we reserve the right to monitor Data and Files on this Project Extranet and, in order to maintain an informative and valuable service that meets the needs of the Users of this Project Extranet, we reserve the right to review, remove or edit Data and Files which we determine to be harmful to the Project Extranet, offensive or otherwise in violation of these Terms and Conditions. If 4Projects Ltd is made aware of Data and Files that breaches these Terms & Conditions it has the right, but not the obligation, to remove or disable access to that Data and Files.
4Projects Ltd shall be entitled to immediately prevent continued use of the Client’s Project Extranet in the event 4Projects Ltd learns that the Client’s Project Extranet (s) are being used in such a manner as violates these Terms and Conditions and / or governing UK legislation. 4Projects Ltd shall immediately notify the Client in the event such a situation arises.
You are solely responsible for the content of any comments, information, questions, feedback, ideas, descriptions of processes, or any Data and Files you upload to this Project Extranet. 4Projects Ltd assumes no responsibility for your Data and Files or the Data and Files uploaded by any other User. You agree to indemnify 4Projects Ltd from and against any damages, losses, costs or expenses which 4Projects Ltd may incur as a result of the Data and Files you upload to this Project Extranet.
Disclaimers
4Projects Ltd undertakes to adopt reasonable measures to ensure that the Client’s Project Extranets are available over the Internet 24-hours a day. 4Projects Ltd will use reasonable efforts to rectify material failures of the 4Projects Ltd software. Defects must be reported by the Client in accordance with 4Projects Ltd’s instructions, as issued periodically.
4Projects Ltd shall however be entitled to adopt measures that affect access to the Client’s Project Extranets where 4Projects Ltd deems such to be necessary for technical, maintenance, operational, or security reasons. The Client is also aware and acknowledges that the Users and Client’s access to the Internet cannot be guaranteed and that 4Projects Ltd is not liable for deficiencies in the Users or Client’s own Internet connections.
4Projects Ltd does not warrant that use of this Project Extranet will be uninterrupted or error free. This Project Extranet is otherwise provided on an “as is” basis without warranties of any kind, expressed or implied, including any implied warranty or merchantability, fitness for a particular purpose, non-infringement or title.
In no event will 4Projects Ltd be liable for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including without limitation, those resulting from loss of use, data or profits, whether or not advised of the possibility of damage, or under any theory of liability, arising out of or in connection with your use of this Project Extranet or the information and application services provided on this Project Extranet.
If you are dissatisfied with this Project Extranet, any Data and Files or application services provided on this Project Extranet or with any Terms and Conditions, policies or practices of 4Projects Ltd in operating this Project Extranet, your sole remedy is to discontinue using this Project Extranet.
The Client shall hold 4Projects Ltd harmless in the event of any claim brought against 4Projects Ltd by a third party as a consequence of the Users or Client’s use of a Project Extranet.
Notification
of Copyright Infringement
4Projects Ltd will, in appropriate circumstances,
terminate the accounts of Users involved in disputes regarding intellectual
property rights and remove or disable access to related Data and Files. If you
believe that your work has been used or copied in a way that constitutes
copyright infringement and such infringement is occurring on this Project
Extranet or on Project Extranets linked to from this Project Extranet, please
provide 4Projects Ltd with a Notice containing the following elements:
A physical or electronic signature of the person authorised to act on behalf of the owner of the copyright interest that is alleged to have been infringed.
A description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled.
A description of where the material that you claim is infringing is located on the 4Projects Ltd Project Extranet.
Information sufficient to permit 4Projects Ltd to contact you, such as your physical address, telephone number, and email address.
A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorised by the copyright owner, its agent, or the law.
A statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorised to act on the copyright owner's behalf.