Terms and Conditions
“Company” will refer to Logical Arts LLC throughout this document.
OdmHosting is a hosted document management system that allows you to upload and manage your documents and share them with authorized users.
Currently Company offers OdmHosting through our website at www.opendocman.com. By subscribing to this service, ODMHosting, or by registering with any of the future OpenDocMan Hosted services to be offered at www.opendocman.com, you agree to be bound by these terms and conditions between you and the Company. Companies registered address is P.O. Box 6005 Galt, CA 95632-6005, USA.
Supply of ODMHosting services
Company provides OpenDocMan and its hosted services (“Service”). The Service is provided subject to your compliance with the terms and conditions (“Terms of Service”) set forth below. Please read the following carefully.
Company reserves the right to update and modify the Terms of Service at any time without notice. New features that may be added to the Service shall be subject to the Terms of Service. Should you continue to use the Service after any such modifications have been made, this shall constitute your agreement to such modifications. You may always view the most recent copy of the Terms of Service here: http://www.opendocman.com/terms/
ODMHosting is available only to persons who can form legally binding contracts under applicable law. You must complete the registration process and agree to our Terms and Conditions in order to use ODMHosting. All contact information you submit must be true, complete, and kept up to date.
As part of the registration process, you will identify an e-mail address and password for your ODMHosting account. You are responsible for maintaining the security of your account, passwords, and files, and for all users of your ODMHosting account. Company reserves the right to refuse service or to terminate accounts for any user, and to change eligibility requirements at any time, at its sole discretion.
Any violation of any of the Terms will result in the termination of your account.
Limitations in the ODMHosting services
Company uses a third party to host the application servers and to provide communication services. Company will use all reasonable endeavours to ensure the third party undertakes to provide its services at or above industry standards. Accordingly, Company does not warrant that ODMHosting will be uninterrupted, error, bug or virus free or that the delivery or emails will be without delay.
It may be necessary to temporarily suspend ODMHosting from time to time to carry out maintenance of equipment; such suspensions will be limited and will take place as much as possible outside core working hours. However, ODMHosting may also be suspended (in whole or part) where Company or the third party host is obliged to comply with an order, instruction or request of government, a court or other competent administrative authority or an emergency service organisation.
The delivery of emails to recipients cannot be guaranteed and is dependent upon accurate and up to date email addresses, upon suitable internet availability and connectivity, on various anti spam and junk mail policies adopted by the recipients’ email service providers as well as restrictions regarding the content, wording and graphics of an email. Company makes no representations or warranties whatsoever about the speed or proportion of emails sent that will be delivered.
In addition, Company makes no guarantee that HTML pages will render properly in all subscribers’ browsers, due to the wide variety of HTML generation tools available. For best results Company recommends the use of browsers that adhere to W3C standards, but still does not guarantee a perfect rendering in all cases.
Content of messages
ODMHosting may only be used for lawful purposes. Transmission or solicitation of any material that violates UK, US, state or other laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harassing, libellous, or in any way a violation of intellectual property laws or a third party’s intellectual property rights.
You may not use ODMHosting to distribute illegal content.
You may not use ODMHosting to store files that link to or display nudity, obscene content, online gambling related content, pharmaceutical related content, illegal software, viruses, or to distribute any other content that we deem inappropriate.
You will adopt and maintain the Companies Anti-Spam and Privacy Policy and these Terms, which (all) may be modified by Company from time to time.
Company has the right (but not the obligation) to require you to remove, prohibit or discontinue any content on ODMHosting which Company, at its sole discretion, determines to be harmful, offensive or otherwise in violation of the Terms and Conditions.
Charges
You shall pay the charges for ODMHosting as set out on the opendocman.com website or in accordance with the payment terms agreed with Company. You will be subject to monthly subscription fees in accordance with the fee schedule.
All charges quoted for the provision of ODMHosting are exclusive of any Tax, which you will be additionally charged if applicable.
Company does not provide refunds for unused monthly subscriptions (even/especially if we had to shut down your account for violating these terms).
Payment of the charges
Payments can be submitted only by providing credit card information and by agreeing to a monthly debit on your account when registering for ODMHosting. Credit cards will be debited on the day of each calendar month that you made your first payment. If you exceed the amount included in your subscription package, your site will be suspended for that month.
If, for whatever reason, Company is unable to process your credit card order, Company will attempt to contact you by email and will pause usage of the account until the payment can be processed.
Fees are payable in US dollars. Charges will display as Logical Arts LLC.
Changes in the Service and Fees
Company reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice.
The present rates for ODMHosting are stated on the opendocman.com website.
Company reserves the right to change our monthly fees upon 30 days notice from us. Fee change notices may be posted to the Service or on the opendocman.com website: http://www.opendocman.com/hosted
Continued use of ODMHosting following the effective date of any change in prices shall be considered acceptance of such change.
Cancellation and Termination
You alone are responsible for the proper cancellation of your account. You may cancel your account at any time. To request cancellation, you must use the contact us form online, using the subject line ‘Cancellation Request’ and stating your installation name and contact details. Direct email or phone requests to cancel your account will not be deemed cancellation – you must use the ‘Contact Us’ form. You can find the ‘Contact Us’ form here: http://www.opendocman.com/contact-us/
Company will then close down your account and cancel the recurring payments agreement.
Your account and all of its content will be deleted immediately upon your cancellation of the Service.
Whilst you can cancel at any time, you will remain liable for all charges accrued up to that time, including full monthly charges for the month which you discontinued service. You will not be charged again.
If your first payment has already been processed, Company will only refund the full amount if (a) the request is received within 7 days after sign up and (b) you have not used the service to store any file(s).
Data, Data Protection & Indemnity
You are the data controller in respect of any personal data that Company processes in the course of your use of ODMHosting. The personal data is provided by you or the subscriber, Company cannot be held liable or responsible for the accuracy, contents or use of such personal data.
Company contracts a third party to store some data (including personal data) and will back up at regular intervals (at least daily). However, you should make your own interim back-ups of these data, particularly if you add a significant amount of data over a short time period. Company shall have no liability for any loss or damage, however caused, arising from any loss of data.
You must comply with all applicable data protection legislation. In particular, you shall: (a) take appropriate organisational and technical measures against unauthorised or unlawful processing; (b) obtain express, specific and informed consent when obtaining the personal data from data subjects; (c) permit Company to audit its compliance with this clause and shall provide access to all your premises and systems upon being given reasonable notice.
You shall fully indemnify and keep indemnified Company against any losses, claims, fines, damage or expenses (including legal and professional expenses) of whatsoever nature (whether direct, indirect or consequential) arising as a result of or in connection with any breach of this clause and/or any applicable data protection legislation.
Company will not disclose any personal data to any businesses, organisations or individuals without your prior express consent, unless required or permitted by law.
Company will not use any of your documents or any other customer information for any other purposes than those intended with providing ODMHosting. Your customer information will not be shared with any other parties. In addition, Company will not use your customer information for the purpose of sending unsolicited commercial email.
Company processes information about you in accordance with its own Privacy Policy. By using the site, you consent to such processing and warrant that all data provided is accurate.
You will adopt and maintain the Privacy Policy, which may be modified by Company from time to time.
Warranty disclaimer; Remedies
Company warrants that ODMHosting services will be provided using reasonable care and skill.
USE OF ODMHOSTING AND ANY RELIANCE BY YOU UPON ODMHOSTING, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. Company DOES NOT WARRANT THAT ODMHOSTING WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ODMHOSTING. ODMHOSTING IS PROVIDED “AS IS” AND Company DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or non-performance of ODMHosting shall be for Company to use commercially reasonable efforts to adjust or repair the ODMHosting service.
Limitation of liability
Company shall not be liable to you by reason of any representation (unless fraudulent), or any duty at common law, or under the express terms of use, for loss of profit, loss of revenue, loss of savings or anticipated savings, loss of data, loss of use of software or data, loss or waste of management or staff time, any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Company, its servants or agents or otherwise) which arise out of or in connection with the provision of ODMHosting or its use by you.
In the event that, notwithstanding the foregoing, Company is found liable to you for damages from any cause whatsoever, the entire liability of Company under or in connection with these terms shall not exceed the amount of the charges received by Company from you in the preceding 12 months.
Force Majeur
Neither party shall be responsible to the other party in circumstances where some or all of the obligations under the Terms cannot be performed due to circumstances outside the reasonable control of the defaulting party, including an Act of God, change in legislation, fire, explosion, flood, accident, strike, lockout or other industrial dispute, war, terrorist act, riot, civil commotion, failure of public power supplies, failure of communication facilities, default of suppliers or sub-contractors, or the inability to secure computer processing facilities (including those of the necessary quality or security), obtain materials or supplies and, in all cases, the inability to do so except at increased prices (whether or not due to such causes). However, if such circumstances persist for more than 28 days, the non-defaulting party may terminate the agreement and all charges due to Company up to the date of termination shall become due.
Intellectual property rights
ODMHosting offers to host the application OpenDocMan and related data on Company’ servers. OpenDocMan is an open source application and was released under the GNU General Public License .
Permitted use & compliance with laws
You represent, covenant, and warrant that you will use ODMHosting only in compliance with the Terms and all applicable legislation and regulations (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree you will not access or otherwise use third party data services in connection with preparing or distributing your stored files.
Company does not accept and shall have no responsibility for the content of any emails sent using ODMHosting. Although Company has no obligation to monitor the content provided by you or your use of ODMHosting, Company may do so and may remove any such content or prohibit any use of ODMHosting it believes may be (or is alleged to be) in breach of applicable legislation and these Terms.
You hereby agree to indemnify and hold harmless Company against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of ODMHosting.
You agree that where Company is advised in writing by a regulator that you are or have been in breach of any legislation, Company shall be entitled to act on any request or recommendation by the regulator for access to be barred to ODMHosting for such periods as the regulator may specify.
You agree to provide all reasonable assistance to Company in connection with Company’ compliance with any requirements or conditions which are at any time imposed by law or any regulator which are applicable to or affect ODMHosting.
You agree to provide the regulator with such information or material relating to ODMHosting or a future OpenDocMan hosted service as the regulator may reasonably request in order to carry out any investigation in connection with ODMHosting.
Communication and notices
You hereby undertake to have, and keep Company informed of, a valid and regularly monitored contact email address for the duration of your use of ODMHosting. You will be deemed to have read notices sent to your contact email address and Company may act on that basis. Unless otherwise notified Company’ contact email address for the OpenDocMan hosted service is hosted at opendocman.com.
In the event of any dispute arising between the parties in connection with these Terms and Conditions, senior representatives of the parties shall, within 10 working days of written notice being given by either party to the other, meet in good faith at a neutral venue of Company choosing in the United States of America in an effort to resolve the dispute.
Any proceedings relating to any dispute shall take place in the USA and be conducted in the English language.
Miscellaneous
If any provision of the Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
Each party warrants to the other that they have the power and authority to enter into agreement and perform its obligations under these Terms and Conditions.
The Terms and Conditions shall be considered to be a contract made in the USA and US law shall apply in all respects and the parties agree to submit to the exclusive jurisdiction of the US courts.
