Terms of Service

Last Update: May 19, 2011

MyOfficeDiary – Terms of Service

Welcome

MyOfficeDiary is a Product solely owned by Datavation Limited (DVL) a UK registered limited company. This policy describes how DVL’s (MyOfficeDairy) Terms of Service when you visit or use the services offered at MyOfficeDiary.com (and MyOfficeDiary.co.uk).

At MyOfficeDiary it is our policy to treat our Clients in exactly the way we would like to be treated ourselves. Put simply, we aim to be reasonable and fair and that sometimes “less is more”. However, to comply with legislation we are required to offer you our own ‘large print’ version of the legal details. So here it is, in all its glory…

BY SUBSCRIBING TO ANY OF OUR SERVICES, YOU AGREE TO AND ACCEPT THE FOLLOWING TERMS AND CONDITIONS (THE “AGREEMENT”) GOVERNING YOUR USE OF MYOFFICEDIARY’S ONLINE SERVICE, INCLUDING OFFLINE COMPONENTS AND BROCHUREWARE (COLLECTIVELY, THE “SERVICE”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY.

As part of our, Service MyOfficeDiary will provide you with use of the Service, including a browser interface and data encryption, transmission, access and storage. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the MyOfficeDiary website incorporated by reference herein, including but not limited to MyOfficeDiary’s privacy and security policies.

Privacy & Security; Disclosure

MyOfficeDiary’s privacy policy, security policy and terms of use may be viewed at www.MyOfficeDiary.com. MyOfficeDiary reserves the right to modify its privacy policy, security policy and terms of use in its reasonable discretion from time to time. Note that because the Service is a hosted, online application, MyOfficeDiary occasionally may need to notify all users of the Service of important announcements regarding the operation of the Service. We reserve the right to use the email addresses you have provided to contact you for these purposes. You agree to allow us to use these email addresses for this specific purpose.

 

License Grant & Restrictions

MyOfficeDiary hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by MyOfficeDiary and its licensors.

You may not access the Service if you are a direct competitor of MyOfficeDiary, except with MyOfficeDiary’s prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.

You shall not (i) license, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit or make available to any thirdparty the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet “links” to the Service or “frame” or “mirror” any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service.

Your Responsibilities

You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify MyOfficeDiary immediately of any unauthorised use of any password or account or any other known or suspected breach of security; (ii) report to MyOfficeDiary immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another MyOfficeDiary user or provide false identity information to gain access to or use the Service.
When you subscribe to use the Service, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Subscriber at any time or to disclose your password to any third party. You agree to notify MyOfficeDiary immediately if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.
In no event will we be liable for the unauthorised use or misuse of your login name, account, password or pass phrase or security authentication option.

Account Information and Data

MyOfficeDiary does not own any data, information or material that you submit to the Service in the course of using the Service (“Client Data”). You, not MyOfficeDiary, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Client Data, and MyOfficeDiary shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Client Data. MyOfficeDiary reserves the right to withhold, remove and/or discard Client Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Client Data immediately ceases, and MyOfficeDiary shall have no obligation to maintain or forward any Client Data.

 

Intellectual Property Ownership

MyOfficeDiary alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the MyOfficeDiary Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the MyOfficeDiary Technology or the Intellectual Property Rights owned by MyOfficeDiary.

 

Charges and Payment of Fees

Apart from any free plan offered, promotional offers, free trial period or specific agreements with MyOfficeDiary, the service requires a monthly fee. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Payments must be made monthly in advance unless otherwise mutually agreed upon with MyOfficeDiary. You must provide MyOfficeDiary with valid credit card information as a condition of use of the Service (where a fee is incurred).

Upgrades and Downgrades

You will have the ability to upgrade or downgrade the Service at any time. Such upgrade or downgrade will take effect immediately.

Upgrades/Downgrades (changes) to Service Plans will be subject to the following: (i) the fee for the change will be the then current, generally applicable plan fee for the plan selected; and (ii) plans changed in the middle of a billing month will be charged in full for that billing month, at the higher plan fee for that month.
There will be no refunds or credits for partial months of service.

MyOfficeDiary reserves the right to modify its fees and charges and to introduce new charges at any time.

Billing and Renewal

MyOfficeDiary charges and collects in advance for use of the Service. MyOfficeDiary will automatically bill your credit card each month. The charge will be equal to the current monthly plan fee in effect, unless MyOfficeDiary has given you at least 14 days prior written notice of a fee increase, which shall be effective upon renewal and thereafter.

You agree to provide MyOfficeDiary with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorised billing. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, MyOfficeDiary reserves the right to terminate your access to the Service in addition to any other legal remedies.

Promotional Offers

MyOfficeDiary may, at their discretion, offer promotional incentives to new and existing customers. These offers may include free or discounted trials for new and existing customers. MyOfficeDiary reserve the right to amend the terms of promotional offers, and/or cancel any promotions at any time, without giving any reason for doing so.

 

Non-Payment and Suspension

In addition to any other rights granted to MyOfficeDiary herein, MyOfficeDiary reserves the right to suspend or terminate this Agreement and your access to the Service if your account falls into arrears.
You agree and acknowledge that MyOfficeDiary has no obligation to retain Client Data and that such Client Data may be irretrievably deleted if your account remains unpaid for 60 days or more.

 

Termination of Service by MyOfficeDiary

MyOfficeDiary may terminate this Agreement, by notifying the other party in writing to their registered email address, at least five (5) business days prior to the date of the invoice for the following month. In the event this Agreement is terminated, you agree and acknowledge that MyOfficeDiary has no obligation to retain the Client Data, and may delete such Client Data, more than 60 days after termination.

 

Termination of Service by any other party

This Agreement commences on the date you start using the Service by completing the online registration form. The other party may terminate this Agreement, by cancelling their account. In the event this Agreement is terminated, you agree and acknowledge that MyOfficeDiary has no obligation to retain the Client Data, and may delete such Client Data, more than 60 days after termination

 

Termination for Cause

Any breach of your payment obligations or unauthorised use of the MyOfficeDiary technology or service will be deemed a material breach of this Agreement. MyOfficeDiary, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. In addition, MyOfficeDiary may terminate a free account at any time in its sole discretion. You agree and acknowledge that MyOfficeDiary has no obligation to retain the Client Data, and may delete such Client Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 60 days of notice of such breach.

Representations & Warranties

Each party represents and warrants that it has the legal power and authority to enter into this Agreement. MyOfficeDiary represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially under normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct.

 

Indemnification

You shall indemnify and hold MyOfficeDiary, its licensors and each such party’s parent organisations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Client Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iii) a claim arising from the breach by you or your Users of this Agreement, provided in any such case that MyOfficeDiary (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defence and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release MyOfficeDiary of all liability and such settlement does not affect MyOfficeDiary’s business or Service); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim.

Disclaimer of Warranties

MyOfficeDiary and its licensors make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the service or any content. MyOfficeDiary and its licensors do not represent or warrant that (a) the use of the service will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the service will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your requirements or expectations, (e) errors or defects will be corrected, or (f) the service or the server(s) that make the service available are free of viruses or other harmful components. The service and all content is provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by MyOfficeDiary and its licensors.

Internet Delays

MyOfficeDiary services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. MyOfficeDiary is not responsible for any delays, delivery failures, or other damage resulting from such problems.

 

Limitation of Liability

In no event shall either party’s aggregate liability exceed the amounts actually paid by and/or due from you in the twelve (12) month period immediately preceding the event giving rise to such claim. In no event shall either party and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with this service, including but not limited to the use or inability to use the service, or for any content obtained from or through the service, any interruption, inaccuracy, error or omission, regardless of cause in the content, even if the party from which damages are being sought or such party’s licensors have been previously advised of the possibility of such damages.

 

Forum(s) Terms of Use

Please choose carefully the information you post on MyOfficeDiary forums (where available). MyOfficeDiary will not tolerate any obscene, lewd, harassing, sexually explicit or otherwise objectionable subject matters or comments. Information provided by users of our forums may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and MyOfficeDiary assumes no responsibility or liability for this material. If you become aware of misuse of the MyOfficeDiary forums by any person, please contact MyOfficeDiary. MyOfficeDiary reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the MyOfficeDiary Services at any time.

 

Internet Browsers

We continuously check the MyOfficeDiary service using the main Internet Browsers; including but not limited to: Internet Explorer, Firefox, Chrome; to ensure a smooth and trouble free experience for our Customers. However, we are at the mercy of the developers of these browsers, and cannot assume any responsibility or liability for issues caused by their usage. We rely on our Customers to report any issues or anomalies by contacting us.

 

Email Addresses

MyOfficeDiary are not responsible for issues arising from email addresses provided by users, including login email addresses, user email addresses and client email addresses. Issues include, but are not limited to: incorrect or invalid email addresses, email addresses becoming invalid, email inboxes becoming full or exceeding size limits. Users of MyOfficeDiary agree to check the validity, currency and accuracy of all email addresses used by them within the system.

MyOfficeDiary do not undertake to investigate cases of non-delivery for user provided email addresses.

Additional Rights

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

 

Modification to Terms

MyOfficeDiary reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.

 

Disputes

If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of the United Kingdom (UK) and European Union (EU) (where relevant), without regard to conflict of law provisions.

 

Definitions

As used in this Agreement:

“Agreement” means these online terms of use, and any materials available on the MyOfficeDiary website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by MyOfficeDiary from time to time in its sole discretion;

“Content” means the audio and visual information, documents, software, products and services contained or made available to you in the course of using the Service;

“Client Data” means any data, information or material provided or submitted by you to the Service in the course of using the Service;

“Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world;

“MyOfficeDiary Technology” means all of MyOfficeDiary’s proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by MyOfficeDiary in providing the Service;

“Service(s)” means the specific edition of MyOfficeDiary’s online invoicing solution, developed, operated, and maintained by MyOfficeDiary, accessible via http://www.MyOfficeDiary.com or another designated web site or IP address, or ancillary online or offline products and services provided to you by MyOfficeDiary, to which you are being granted access under this Agreement;

“User(s)” means your employees, representatives, consultants, contractors or agents who are authorized to use the Service and have been supplied user identifications and passwords by you (or by MyOfficeDiary at your request).

“Working day” is defined as Mon-Fri between 09:00 and 17:00 GMT. UK Bank Holidays are not defined as working days.