This agreement applies when you sign up for a hosted Snikket instance. It does not apply to anyone self-hosting their own instance of Snikket.
If you are a user of a hosted Snikket instance, you are not subject to this agreement, but you are subject to our User Acceptable Use Policy And Disclaimer.
In this agreement:
This agreement applies to the exclusion of any terms you send to us. It supersedes all previous negotiations, understandings and representations. If you do not agree to this, you do not have authority to access the hosted Snikket instance.
This agreement is governed by English law.
Your hosted Snikket instance does not enable you to contact emergency services. You must arrange for other communications, such as through a mobile phone, to enable you to contact emergency services. We disclaim any liability relating to the inability to use your hosted Snikket instance in this way.
When you sign up for a hosted Snikket instance, you can select from a number of different options. This is your initial subscription plan. You can modify your subscription plan using your hosting Snikket instance’s admin panel.
This agreement starts when you sign up for a subscription plan for your hosted Snikket instance, and lasts until you or we cancel or terminate it (as permitted elsewhere in this agreement). We will begin to provide your hosted Snikket instance when, or shortly after, you sign up.
You are the administrator of your hosted Snikket instance. You can authorise other people to use your hosted Snikket instance by sending them an invitation or login details. These people are your users. You are responsible for complying with all applicable laws in respect of your hosted Snikket instance – for example, if a law prohibits use by children, or imposes additional obligations on you if you have child users, you, not us, are responsible for complying with those obligations.
We will use our reasonable efforts to maintain and operate your hosted Snikket instance, but we make no promises that it will always be available or functioning, nor that it will be fault-free.
We may make some parts of, or all, your hosted Snikket instance unavailable if, in our reasonable opinion, you fail to comply with your obligations under this agreement, or if we consider it is necessary:
You may cancel this agreement (and thus your subscription plan) at any time before the end of the cancellation period.
The cancellation period ends at the end of 14 days after the day on which you entered into the subscription plan for your hosted Snikket instance.
During the cancellation period, we may limit any functionality of your hosted Snikket instance which we, acting reasonably, think could be abused.
To cancel this agreement before the end of the cancellation period, you must stop and delete your hosted Snikket instance using the hosting dashboard. You can also cancel this agreement by giving us notice using the model cancellation form available at https://www.legislation.gov.uk/uksi/2013/3134/schedule/3/made, but we may need additional information from you to verify your identity if you do this.
If you cancel the agreement during the cancellation period, we will refund your payment in full.
Following cancellation, we will delete everything stored on your hosted Snikket instance within 30 days, unless we have a legal obligation to retain it, or if, acting reasonably, we think that we need to retain it to help us prevent fraud or abuse.
For as long as you are a customer, and provided that you are up to date with all payments to us, we will provide you with reasonable technical support for your hosted Snikket instance. To request technical support, email hosting-support@snikket.org.
Email support is provided for (paying) customers only. If you are self-hosting Snikket and need help, our community support channel 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.
You must comply with the User Acceptable Use Policy And Disclaimer. You must also ensure that your users comply with the User Acceptable Use Policy And Disclaimer. You are liable for their breach or non-compliance.
The fees for your hosted Snikket instance are determined by the subscription plan you are on at the point of each invoice.
If your subscription plan limits the number of users you are permitted to have on your hosted Snikket instance, you must ensure that the number of users does not exceed this limit. If it does, you must pay us for those additional users, in accordance with our then-current pricing terms.
Unless otherwise stated, fees exclude VAT. We will add VAT to the fees, at the prevailing rate.
We may increase our fees at any time, provided that we give you at least one month’s notice.
You must pay the fees for your hosted Snikket instance, and all other sums due under this agreement.
You must pay the fees in advance. Unless otherwise agreed, we will collect the full fees for your subscription plan automatically from your chosen payment method on the monthly or annual billing date in line with your subscription plan.
If, for any reason, we cannot or do not collect your payment, we may make some parts of, or all, your hosted Snikket instance unavailable, or terminate this agreement. If we do, we are not liable for any losses to you arising from this, and we are not obliged to restore or reactivate your hosted Snikket instance or retain or enable you to access any data relating to your hosted Snikket instance or users, including communications.
You agree not to cancel, reverse, revoke, or do anything similar, any payment you make to us. If any payment you make is cancelled, reversed, revoked, or similar, that payment will be deemed as having never been made to us.
We may vary this agreement at any time. To make a variation, we will give you at least one month's notice.
You may terminate this agreement at any time. You do this by stopping and deleting all of your hosted Snikket instances, and then deleting your account using the hosting dashboard (within the ‘Account’ section). If you do, you do not get a refund.
We may terminate this agreement at any time by notifying you. If we terminate this agreement other than because of a breach of this agreement by you, we will give you a pro rata refund for any unused period of your subscription plan.
On termination or expiration (i.e. when your subscription plan runs out and you do not renew it) of this agreement, we will destroy your hosted Snikket instance, including all data on it. This means that neither you nor your users will be able to access or use your hosted Snikket instance, or recover any data from it. It will not affect any data saved on your devices.
Termination of this agreement does not affect any rights, obligations or liabilities of either party that have accrued before termination or that are intended to continue to have effect beyond termination or expiration. You are still required to pay any invoices which we have issued before the date of termination.
In short, the most you ever get from us is your money back.
More fully:
All conditions, warranties or terms which might have effect between you and us, or be implied or incorporated into this agreement (whether by statute, common law or otherwise) are excluded to the extent permitted by law, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care. The previous sentence does not apply if you are a consumer.
Neither party limits or excludes its liability to the other for personal injury or death caused by its negligence, for fraud or fraudulent misrepresentation, or for any matter for which, at law, a party cannot limit or exclude its liability.
You do not limit or exclude your liability for any indemnities in this agreement, or for sums due under it.
Subject to the clauses above, neither party will be liable to the other for (a) special, indirect, or consequential losses, nor (b) for the following types of loss, whether direct, indirect, special or consequential, in each case however caused:
Subject to the clauses above, our total liability to you arising out of or in connection with this agreement or your hosted Snikket instance is a “money back guarantee”, meaning the lesser of (a) a pro-rata sum of the price you paid for the period in which we were in breach of this agreement; and (b) the amount you paid for your hosted Snikket instance for the month in which you notified us of the breach (pro rata’d if you pay annually).
This clause survives termination of this agreement.
Neither party will be liable to the other for any delay or failure in the performance of that party’s obligations caused by events outside that party’s reasonable control, but only if that party promptly notifies the other of the circumstances of the event. This clause does not apply to your obligation to pay any sums due under this agreement.
To give notice under this agreement, the party giving notice must send an email to the other party’s email address. In our case, this is hosting-support@snikket.org. In your case, this is the email address associated with your Snikket Hosting account.
You must ensure that the email address associated with your account is always correct, up to date and able to receive email from us. If you want to change this email address, you must change it in your hosted Snikket instance’s admin panel.
Notice has been given 24 hours after the time the email was sent.
To bring a claim or raise a dispute arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims), you must first notify us, tell us what you are disputing or claiming and why, and provide all relevant supporting evidence of information. You must give us a reasonable period of time to resolve your dispute or claim.
If we cannot resolve your dispute or claim within a reasonable time and you want to bring a legal claim against us, or if we want to bring a claim against you, the party seeking to bring the claim must do so before the courts of England and Wales. Each party agrees to the exclusive jurisdiction of the courts of England and Wales in respect of any claim, dispute or matter arising out of or in connection (including non-contractual claims) with this agreement.
Each party may only bring any claim against the other within 12 months of the date on which the cause of action accrued.
Appendix 1; data processing applies.
A person who is not a party to this agreement has no rights under this agreement. This includes your users.
If any part of this agreement is found to be invalid or unenforceable by any court, this will not affect the other provisions of this agreement and those provisions shall remain in full force and effect.
If a party fails to exercise a right or remedy, this failure will not prevent that party from exercising that right or remedy subsequently for that or any other incident.
A waiver of any breach or provision of this agreement will only be effective if made by email or in other writing.
We may assign, transfer, charge, sub-contract or deal in any other manner with any of our rights or obligations under this agreement. You may not do these things without our prior written consent.
Nothing in this agreement establishes any partnership, joint venture, or agency. You will not hold yourself out as being an agent, partner, representative or otherwise being entitled to bind us.
Note: we are subject to the UK GDPR, and this data processing appendix is aligned with Article 28 UK GDPR. The UK GDPR is based on the EU GDPR, and the obligations on processors do not differ materially from the EU GDPR.
Capitalised terms in this appendix have the meaning defined by the UK GDPR, unless otherwise defined in this agreement.
You warrant that:
If, in the course of providing your hosted Snikket instance, you are a Controller and we are your Processor in respect of any Personal Data or if you are a Processor and we are your sub-processor, we will:
For the purpose of appendix 1: