These Terms and Conditions (“Terms”) govern your (including you as Customer and/or Authorised User as applicable) use of and access to services provided by Snikket Community Interest Company c/o Hand & Co. Manor House Offices, Malvern Rd, WR2 4BS England (“Snikket” or “our”). By using our services in any way you agree to and are bound by the Terms.
If you do not agree to all terms and conditions contained in this document, you must stop using our services.
Authorised Users (meaning the named users authorised by the Customer to use the services) are bound by the User Terms and Conditions (‘User Terms’).
The Customer shall: (i) be liable for the acts and omissions of the Authorised Users as if they were its own; only provide Authorised Users with access to the Services and shall not provide access to (or permit access by) anyone other than an Authorised User; and procure that each Authorised User is aware of, and complies with, the obligations and restrictions imposed on the Customer and Authorised Users under these Terms and otherwise according to applicable law.
These Terms are subject to change in response to changing regulation, law or any other reason. The latest Terms published on our Website will be the version of the Terms which apply.
The Customer acknowledges that Snikket shall be entitled to modify the features and functionality of the Services. Snikket may, without limitation to the generality of this clause, establish new limits on the Services (or any part), including limiting the volume of data which may be used, stored or transmitted in connection with the Services, remove or restrict application programming interfaces or make alterations to data retention periods.
Should you have other questions or concerns about this document, please contact us at firstname.lastname@example.org.
“Customer” means the individual, who has signed up with a personal email address on their own behalf or the organisation on whose behalf an individual has signed up to the service when a corporate email has been used.
“Intellectual Property Rights” means any and all copyright, rights in inventions, patents, know-how, trade secrets, trade marks and trade names, service marks, design rights, rights in get-up, database rights and rights in data, semiconductor chip topography rights, utility models, domain names and all similar rights and, in each case: (a) whether registered or not; (b) including any applications to protect or register such rights; (c) including all renewals and extensions of such rights or applications; (d) whether vested, contingent or future; and (e) wherever existing.
‘Snikket Hosting’ means the service provided at my.snikket.org for the purchase, configuration and management of Snikket Instances hosted and run by Snikket Community Interest Company.
‘Snikket Instance’ or ’the Communication Service’, means an instance of the Snikket server software provisioned by the customer via Snikket Hosting. Such an instance makes available communication services which might include messaging features in public and private chat rooms, voice and video calls and interactions with third-party applications. The Snikket Instance stores the Authorised Users’ (as defined below) account, profile information (such as profile picture and display name), and handles delivery of messages and calls to Authorised Users’ devices. The Snikket Instance may also provide access to internal or external services based on the standard XMPP communication protocol, such as bots, third-party servers, and gateways to other networks.
The ‘Services’ refers to both the Hosting and Communication Services.
These Terms gives the Customer the right to suspend, update, destroy, establish and invite others to use the Snikket Instance.
We may terminate without notice these Terms and Customer and Authorised Users right to use the Services if the Customer breaches any of the terms and conditions, and, where the breach is capable of remedy, the breach is not cured within ten (10) days after we provide notice of the breach.
Where we in our sole discretion decide that your breach is serious or material (including, without limitation, where we believe the Services are being used by Customers or its Authorised Users in violation of applicable law or cause harm; or you have not paid for the Services) we may immediately suspend and/or terminate these Terms and your right to use the Service or take other action considered appropriate including without limitation removing certain content or removing Authorised Users.
We may also terminate these Terms and Customer and Authorised Users right to use the Services for any reason at our sole discretion on thirty (30) days notice.
If we breach any of our obligations listed in these Terms, the Customer may terminate the contract within fifteen (15) days notice of the breach.
The Customer can terminate the subscription at any time.
The Customer is responsible for any breach of these Terms by its Authorised Users.
In the event of termination of these Terms for any reason neither you nor any Authorised Users will have any right to access any communications or data which has been sent or exchanged on the Services.
Subject to your acceptance of, and compliance with, this Agreement and any payment requirements for the Services (if applicable), Snikket hereby grants you a limited, non-exclusive, non-transferable, revocable, non-sublicensable licence, in and under our Intellectual Property Rights, to access and use the Services, solely in accordance with the terms and conditions of this Agreement. Unless explicitly stated otherwise, any new features provided by us that augment or enhance one of the current Service shall also constitute “Service” and shall be subject to these terms and conditions. All rights not expressly granted under this Agreement are retained by Snikket or the relevant third party owner.
You may also be subject to additional terms and conditions that may apply when you use other Snikket services, third party content or third party software.
Except for the rights expressly granted in our Agreement, the Customer and any Authorised User, shall not acquire in any way any title, rights of ownership, or Intellectual Property Rights of whatever nature in the Services and no other Intellectual Property Rights of either party are transferred or licensed as a result of our Agreement.
Unless stated otherwise in direct agreements between the Authorised Users and the Customer (e.g. an employment contract), the Snikket Instance Owner cannot claim Intellectual Property Rights over conversations, message content or files Authorised Users uploaded to the Snikket Instance.
The Customer may pre-screen Authorised Users’ messages or files to prevent spam and other abuse, and messages or files (including entire rooms) may be removed from the Snikket Instance for any reason without notice at the discretion of either Snikket or the Snikket Instance Owner.
Authorised Users are solely and entirely responsible for all of the messages and files that they post or otherwise submit via the Service. Authorised Users shall assume all risks associated with the use of said content including any reliance on the accuracy, completeness or usefulness. Snikket does not guarantee the accuracy, integrity or quality of exchanged messages or files.
As part of the Terms, Customers acknowledge and agree that Snikket does not condone any content included within the Communication Service (whether generated internally by Authorised Users or externally via federation) and they may be exposed to user materials from others that are offensive, indecent or otherwise objectionable.
We may review Authorised Users’ conduct and use of the Service for compliance and monitoring purposes, but we have no obligation to do so. We are not responsible for the content of the Customer’s or their Authorised User’s data, or the way the Customer or their Authorised Users decide to use the Communication Service.
The Customer must ensure that all Authorised Users are at least 16 (sixteen) years old to use both our Hosting and Communication Services or where applicable such greater age as required in your country to register for or use our Hosting and Communication Services.
We are not responsible for providing internet connectivity to the Authorised Users for the use of the Services.
Any illegal content, including without limitation any content containing or promoting indecent images or depictions of children, are prohibited on the Services. Whenever the Customer becomes aware of such content, they are required for immediately reporting it to us so we can refer the details to the relevant authorities. If the Customer has found a user account or group being used for the distribution or promotion of child sexual exploitation or any illegal content, this must be reported in an email to email@example.com.
The Services may not be provided on an uninterrupted basis. We do not commit to a certain service level commitment for the availability of the Services and your data unless we agree in writing otherwise. Without limitation, in particular you acknowledge and agree that Snikket shall not be liable for any failure to store your materials on the Snikket Instance at any time and accepts no responsibility for any loss of data by Authorised Users or the Customer.
Despite our inability to guarantee a certain level of provision we will use reasonable endeavours to monitor the Services. This includes monitoring when the servers are under pressure with a view to preventing problems and we aim to have the Services available constantly. In the event of planned downtime we will use reasonable endeavours to provide you with notice of the same.
The fees for the Hosting Service vary based on the subscription plan you select when creating the Snikket Instances. Where prices are set out without reference to tax, as applicable taxes will be added and deducted as applicable. The subscription fees are paid monthly or annually in advance and will be automatically debited at the agreed frequency until terminated as set out below.
The potential size of each Snikket Instances depends on the plan paid for by the Customer. Each plan includes a set number of registered Authorised Users that can be managed and modified as required by Snikket Instance Owners within the Snikket Instance administration portal. The Customer shall ensure that the number of Authorised Users for each Snikket Instance does not exceed the number of registered Authorised Users at any time. The Customer shall be liable to pay for the number of Authorised Users above the number of registered Authorised Users for which it has paid, for the relevant period during which infringement occurred in accordance with the agreed pricing terms.
Snikket Hosting offers multiple subscription plans with defined user and resource allowances.
Every payment needs to be made in advance of the service being rendered. Unless otherwise agreed, the full plan price will automatically be collected from your chosen payment method on the monthly or annual billing date as indicated on your selected subscription. If the payment can’t be taken, access to the Snikket Instance will be blocked for all users until the payment is cleared.
Refunds may be given on a case-by-case basis, at the discretion of Snikket. Refund requests should be made within 14 days of your order. This does not affect your statutory rights.
If you have any problems or questions about Snikket Hosting, customer support is available by sending email to firstname.lastname@example.org.
Email support is provided for paying customers only. If you are self-hosting Snikket and need help, our community support is a great place to find support.
If you obtained your Snikket instance via one of our partners, such as JMP, please contact their support team first. They can usually resolve any issues directly themselves.
In the event that you and/or Authorised Users wish to use encrypted communications within the Services, it is your responsibility to ensure this is permitted in under the laws and regulations applicable to you and the Authorised Users based on where and how you use the Services.
Snikket does not control, endorse or take any responsibility for the messages or content accessed via the Services. Without limitation, for the avoidance of doubt, to the maximum extent permitted by law, Snikket will have no liability in relation to content on the Services breaching Intellectual Property Rights, libel, privacy, publicity, obscenity or other laws.
Without limitation to the prior clauses, Snikket makes warranty or representation in relation to: the quality of the Services or that the Services will be accessible, uninterrupted, timely, secure, or error-free.
You use of the Services is at your own risk, such that you are responsible for any damage to your computer systems, loss of data. Snikket assumes no liability for any program or code which may prevent, impair, affect the reliability of, destroy, damage, interfere with, corrupt, or cause undesired effects on any program, computer, system, software, code, data or other information (including all viruses, worms, trojan horses, spyware, logic bombs and similar files, scripts, agents, things or devices) that arises through use of the Services.
You and the Authorised Users are responsible for your password and Services access. We accept no liability for any loss that you may incur as a result of someone else using your password or account with respect to the Services, whether with or without your knowledge.
You agree to indemnify and hold Snikket and its officers, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: your or Authorised Users violation of these Terms, any right of a third party, the material and content distributed on the Services, use of the Services, breach of third parties intellectual property rights.
The Communication Service is not to be used to make calls to any emergency services. Therefore you must arrange for other communications such as though a mobile phone or otherwise to enable you to contact any emergency services. We disclaim any liability relating to the inability to use the Communication Services in this way.
None of Snikket, its officers, directors, employees, partners or suppliers be liable under these Terms for any special, punitive, incidental, indirect or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if Snikket has been advised of the possibility of such damages or losses.
In no event will Snikket be liable to you for any amounts in excess of 100% of the fees you have paid to use the Service in the previous 12 months.
This Agreement shall be governed by the laws of England and Wales. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of England and Wales.
If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
Any failure by Snikket to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect.
Except as expressly provided in our Terms, Snikket may at any time assign, sub-contract, sub-licence (including by multi-tier), transfer, mortgage, charge, declare a trust of or deal in any other manner with any or all of its rights or obligations under our Terms. Except as expressly permitted by our Terms, the Customer shall not assign, transfer, sub-contract, sub-licence, mortgage, charge, declare a trust of or deal in any other manner with any or all of its rights or obligations under the Terms (including the licence rights granted), in whole or in part, without Snikket’s prior written consent.