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Contents
1. Anti-spam Policy
2. Privacy Policy
3. Terms of Service
4. Terms and Conditions of use
5. Security Standards & Policies

ANTI-SPAM POLICY FOR EMAIL AND MOBILE

– Definition
– Spam reports

1. Anti-spam policy

ANTI-SPAM POLICY FOR EMAIL AND MOBILE MARKETING

Sign-Up.to is a Permission Marketing company and is committed to helping reduce the problems of Unsolicited Commercial Email (UCE), commonly referred to as ‘Spam’.

Our definition of spam

– We view any unsolicited, unexpected email/SMS as spam.
– We don’t allow use of 3rd party lists in the Sign-Up.to platform, whether consent has been gathered or not. We don’t believe that consent is transferable between organisations. This is a condition of platform use.
– Relevance is a foundation of Permission based marketing. We believe that any communications sent to a subscriber about an unrelated subject to that which they requested to be kept informed about are spam.
– By default, all new subscriptions made via use of the Sign-Up.to platform are double opt-in verified and, as a legal requirement, all subscribers can unsubscribe quickly and easily at any time.

Spam reports

If you have received a communication from a Sign-Up.to member and are unsure of why you have received it please forward the email, or contents of the text message to: abuse.reports@sign-up.to and we will look into the matter and contact you to resolve the issue.

PRIVACY OF CLIENT AND END USER DATA

– What do we collect?
– How do we use it?
– Privacy frameworks
– Access to your data
– Security
– Security
– Do not track notifications
– Age restrictions
– Policy changes
– Data protection authority
– Contact us

2. Privacy Policy

PRIVACY OF CLIENT AND END USER DATA

Sign-Up.to cares about your privacy.  For this reason, we collect and use personal data only as it might be needed for us to deliver to you our world-class products, services and websites (collectively, our “Services”). Your personal data includes information such as:

– Name
– Address
– Telephone number
– Date of birth
– Email address
– Other data collected that could directly or indirectly identify you.

Our Privacy Policy is intended to describe to you how and what data we collect, and how and why we use your personal data. It also describes options we provide for you to access, update or otherwise take control of your personal data that we process.

If at any time you have questions about our practices or any of your rights described below, you may reach our Data Protection Officer (“DPO”) and our dedicated team that supports this office by contacting us at privacy@sign-up.to. This inbox is actively monitored and managed so that we can deliver an experience that you can confidently trust.

What information do we collect?

We collect information so that we can provide the best possible experience when you utilise our Services.  Much of what you likely consider personal data is collected directly from you when you:

– Create an account or purchase any of our Services (eg: billing information, including name, address, credit card number);
– Request assistance from our award-winning customer support team (eg: phone number);
– Complete contact forms or request newsletters or other information from us (eg: email); or
– Participate in contests and surveys, apply for a job, or otherwise participate in activities we promote that might require information about you.

However, we also collect additional information when delivering our Services to you to ensure necessary and optimal performance.  These methods of collection may not be as obvious to you, so we wanted to highlight and explain below a bit more about what these might be (as they vary from time to time) and how they work:

Account related information is collected in association with your use of our Services, such as account number, purchases, when products renew or expire, information requests, support requests and notes or details explaining what you asked for and how we responded.

Cookies and similar technologies on our websites allow us to track your browsing behaviour, links clicked, items purchased, your device type, and to collect various data, including analytics, about how you use and interact with our Services. This allows us to provide you with more relevant product offerings, a better experience on our sites and mobile applications, and to collect, analyse and improve the performance of our Services. We may also collect your location (IP address) so that we can personalise our Services.

Data about Usage of Services is automatically collected when you use and interact with our Services, including metadata, log files, cookie/device IDs and location information. This information includes specific data about your interactions with the features, content and links (including those of third-parties, such as social media plugins) contained within the Services, Internet Protocol (IP) address, browser type and settings, the date and time the Services were used, information about browser configuration and plugins, language preferences and cookie data, information about devices accessing the Services, including type of device, what operating system is used, device settings, application IDs, unique device identifiers and error data, and some of this data collected might be capable of and be used to approximate your location.

Supplemented Data may be received about you from other sources, including publicly available databases or third parties from whom we have purchased data, in which case we may combine this data with information we already have about you so that we can update, expand and analyse the accuracy of our records, identify new customers, and provide products and services that may be of interest to you.  If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.

How we utilise information

We strongly believe in both minimising the data we collect and limiting its use and purpose to only that (1) for which we have been given permission, (2) as necessary to deliver the Services you purchase or interact with, or (3) as we might be required or permitted for legal compliance or other lawful purposes. These uses include:

Delivering, improving, updating and enhancing the Services we provide to you.  We collect various information relating to your purchase, use and/or interactions with our Services. We utilise this information to:

– Improve and optimise the operation and performance of our Services (again, including our websites and mobile applications)
– Diagnose problems with and identify any security risks, errors, or needed enhancements to the Services
– Detect and prevent fraud and abuse of our Services and systems
– Collecting aggregate statistics about use of the Services
– Understand and analyse how you use our Services and what products and services are most relevant to you.

Often, much of the data collected is aggregated or statistical data about how individuals use our Services, and is not linked to any personal data, but to the extent it is itself personal data, or is linked or linkable to personal data, we treat it accordingly.

Sharing with trusted third parties. We may share your personal data with affiliated companies within our corporate family, with third parties with which we have partnered to allow you to integrate their services into our own Services, and with trusted third party service providers as necessary for them to perform services on our behalf, such as:

– Processing credit card payments
– Serving advertisements
– Conducting contests or surveys
– Performing analysis of our Services and customers demographics
– Communicating with you, such as by way email or survey delivery
– Customer relationship management.

We only share your personal data as necessary for any third party to provide the services as requested or as needed on our behalf. These third parties (and any subcontractors) are subject to strict data processing terms and conditions and are prohibited from utilising, sharing or retaining your personal data for any purpose other than as they have been specifically contracted for (or without your consent). Please contact us if you would like further information on our sub-processors.

Communicating with you. We may contact you directly or through a third party service provider regarding products or services you have signed up or purchased from us, such as necessary to deliver transactional or service related communications. We may also contact you with offers for additional services we think you’ll find valuable if you give us consent, or where allowed based upon legitimate interests. You don’t need to provide consent as a condition to purchase our goods or services. These contacts may include:

– Email
– Text (SMS) messages
– Telephone calls
– Automated phone calls or text messages.

You may also update your subscription preferences with respect to receiving communications from us and/or our partners by signing into your account and using the marketing preferences section in your account settings.

If we collect information from you in connection with a co-branded offer, it will be clear at the point of collection who is collecting the information and whose privacy policy applies. In addition, it will describe any choice options you have in regards to the use and/or sharing of your personal data with a co-branded partner, as well as how to exercise those options.

If you make use of a service that allows you to import contacts (eg. using email marketing services to send emails on your behalf), we will only use the contacts and any other personal information for the requested service. If you believe that anyone has provided us with your personal information and you would like to request that it be removed from our database, please contact us at privacy@sign-up.to.

Transfer of personal data abroad.  If you utilise our Services from a country other than the country where our servers are located, your communications with us may result in transferring your personal data across international borders. Also, when you call us or initiate a chat, we may provide you with support from one of our global locations outside your country of origin. Your personal data will be transferred and processed outside of the EEA. In these cases, your personal data is handled according to this Privacy Policy.

Compliance with legal, regulatory and law enforcement requests. We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (such as subpoena requests), to protect our property and rights or the property and rights of a third party, to protect the safety of the public or any person, or to prevent or stop activity we consider to be illegal or unethical.

To the extent we are legally permitted to do so, we will take reasonable steps to notify you in the event that we are required to provide your personal information to third parties as part of legal process. We will also share your information to the extent necessary to comply with ICANN or any ccTLD rules, regulations and policies when you register a domain name with us.

Website analytics.  We use multiple web analytics tools provided by service partners such as Google Analytics, AdvAna and Convert.com to collect information about how you interact with our website or mobile applications, including what pages you visit, what site you visited prior to visiting our website, how much time you spend on each page, what operating system and web browser you use and network and IP information. We use the information provided by these tools to improve our Services. These tools place persistent cookies in your browser to identify you as a unique user the next time you visit our website. Each cookie cannot be used by anyone other than the service provider (eg: Facebook and Google for Google Analytics). The information collected from the cookie may be transmitted to and stored by these service partners on servers in a country other than the country in which you reside. Though information collected does not include personal data such as name, address, billing information, etc., the information collected is used and shared by these service providers in accordance with their individual privacy policies.

Cookie preferences. You can control the technologies we use by managing your settings through the ‘cookie banners” that may be presented (depending on URL of website visited) when you first visit our webpages, or by utilising settings in your browser or third-party tools, such as DisconnectGhostery and others. You can view and manage your online cookie preferences at any time by clicking here – manage your cookies.

Targeted advertisements. Targeted ads or interest-based offers may be presented to you based on your activities on our webpages, and other websites, and based on the products you currently own.  These offers will display as varying product banners presented to you while browsing. We also partner with third parties to manage our advertising on our webpages and other websites such as Facebook, Twitter, Google and Microsoft.  Our third party partners may use technologies such as cookies to gather information about such activities in order to provide you with advertising based upon your browsing activities and interests, and to measure advertising effectiveness.  If you wish to opt out of interest-based advertising in the European Union click here. Please note you will continue to receive generic ads.

Third-party websites.  Our website and our mobile applications contain links to third-party websites. We are not responsible for the privacy practices or the content of third-party sites.  Please read the privacy policy of any website you visit.

Email tracking. If you use our service to register to receive communications via email then messages you receive may be trackable at an individual level, allowing us to determine, for example, opens and link clicks. This information is generally used to help assess the effectiveness of communications so that we can improve them and may occasionally be used to send relevant further communications in response to your actions (e.g. clicking a particular link) or inactions (e.g. not opening an email). You can unsubscribe from email communications at any time using the unsubscription link contained in each message.

The E.U-U.S and Swiss-U.S. Privacy Shield Frameworks

Our parent company, Go Daddy Operating Company, LLC (and our related entities, including GoDaddy.com, LLC, Blue Razor Domains, LLC, Starfield Technologies, LLC, Domains by Proxy, LLC, Outright, Inc., Mad Mimi, Inc. and Media Temple, Inc.) participates in and has certified its compliance with the EU-U.S. and Swiss-U.S. Privacy Shield Framework.  Go Daddy Operating Company, LLC is committed to subjecting all personal data received from the EU or Switzerland, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles.  To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List.

Go Daddy Operating Company, LLC is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf.  Go Daddy Operating Company, LLC complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.

With respect to personal data received or transferred pursuant to each Privacy Shield Framework, Go Daddy Operating Company, LLC is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Go Daddy Operating Company, LLC may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request. Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

How you can access, update or delete your data

To easily access, view, update, delete or port your personal data (where available), or to update your subscription preferences, please sign into your Account and use your account settings.

If you make a request to delete your personal data and that data is necessary for the products or services you have purchased, the request will be honoured only to the extent it is no longer necessary for any Services purchased or required for our legitimate business purposes or legal or contractual record keeping requirements.

If you are unable for any reason to access your Account Settings you may also contact us by one of the methods described in the “Contact Us” section below.

How we secure, store and retain your data

We follow generally accepted standards to store and protect the personal data we collect, both during transmission and once received and stored, including utilisation of encryption where appropriate.

We retain personal data only for as long as necessary to provide the Services you have requested and thereafter for a variety of legitimate legal or business purposes. These might include retention periods:

– mandated by law, contract or similar obligations applicable to our business operations;
– for preserving, resolving, defending or enforcing our legal/contractual rights; or
– needed to maintain adequate and accurate business and financial records.

If you have any questions about the security or retention of your personal data, you can contact us at privacy@sign-up.to. You can also find further details in our Security Standards and Policies information below.

‘Do Not Track’ notifications

Some browsers allow you to automatically notify websites you visit not to track you using a “Do Not Track” signal. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you may wish to visit www.allaboutdnt.com.

Age restrictions

Our Services are available for purchase only for those over the age of 16.  Our Services are not targeted to, intended to be consumed by or designed to entice individuals under the age of 16. If you know of or have reason to believe anyone under the age of 16 has provided us with any personal data, please contact us.

Changes in our Privacy Policy.

We reserve the right to modify this Privacy Policy at any time. If we decide to change our Privacy Policy, we will post those changes to this Privacy Policy and any other places we deem appropriate, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If we make material changes to this Privacy Policy, we will notify you here, by email, or by means of a notice on our home page, at least thirty (30) days prior to the implementation of the changes.

Data Protection Authority

Sign-Up Technologies Limited is the data controller for www.signupto.com and is registered on the Information Commissioner’s Office’s Register of Data Controllers under number Z7766976. You may direct questions or complaints in respect of how we handle your Personal Data to the Information Commissioner’s Office.

www.ico.org.uk

Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. Phone: 0303 123 1113

 

Contact us

If you have any questions, concerns or complaints about our Privacy Policy, our practices or our Services, you may contact our Office of the DPO by email at privacy@sign-up.to.  In the alternative, you may contact us by either of the following means:

– By Mail: Attn: Office of the Data Protection Officer, Sign-Up Technologies Limited, 5th Floor, The Shipping Building, Old Vinyl Factory, 252-254 Blyth Road, Hayes, UB3 1HA.
– By telephone: 44 (0) 20 3355 2630

We will respond to all requests, inquiries or concerns within thirty (30) days.

TERMS OF SERVICE FOR SIGN-UP.TO PLATFORM AND SERVICES

– Interpretation
– Application & duration
– Supply of services
– Client’s obligations
– Charges & payment
– Data, protection & indemnity
– Intellectual property
– Confidentiality
– Limitation of liability
– Terminatiion
– Force Majeure
– Variation
– Waiver
– Severance
– Pre-contractual statements
– Assignment
– No partnership
– Rights of third parties
– Notices
– Governing law

3. Terms of Service

TERMS OF SERVICE FOR SIGN-UP.TO PLATFORM AND SERVICES

These terms relate to use of the Sign-Up.to web application and related services.

Website terms and conditions

For terms and conditions relating to end users who use Sign-Up.to forms, this website, or the subscription management tools please refer to: http://subscriber.sign-up.to. For terms and conditions of use of the Sign-Up.to platform by clients, please see the terms and conditions link in your account.

SUMMARY

We like to keep things straight forward, so before we get to the legal stuff our lawyers say we have to have, here’s a plain English breakdown of the key things you need to know when using Sign-Up.to:

– Your data remains yours at all times. We’ll never disclose your data to third parties unless required by law or requested by you.

– Unless otherwise arranged, we bill monthly based on the maximum number of active subscribers in your account during the previous month. Payments are collected by credit/debit card on the day of issue. Failure to pay on time will result in suspension of access until your invoice is paid.

– We provide free phone and email support during UK working days, from 9am – 5.30pm.

– Managed services (such as alterations to or creation of email campaigns or use of the service on your behalf) are subject to additional charges which will be agreed with you before the work is undertaken.

– We take permission very seriously. Sign-Up.to may only be used for permission-based data, without exception. Use of a purchased list or addresses obtained without permission will result in immediate termination of your account, without refund. We check all data uploaded to Sign-Up.to.

– We will not tolerate the sending of Spam messages. Spam is best defined by the recipient. If your complaint rate is excessive (as determined solely by Sign-Up.to) or in any case if your spam complaint rate (readers hitting the ‘this is spam’ button with their ISP) exceeds 0.3% this is grounds for immediate termination without refund.

– If you wish to cancel your account you can do so at any time with 30 days notice. Cancellations can only be made by sending an email to cancel@sign-up.to from the email address of the account administrator, for your security we will not accept verbal cancellation instructions. Cancellation will not be finalised until all outstanding invoices are paid. For annual contracts the full balance of the remaining contract period must be paid prior to cancellation.

The legal bit: – Sign-Up Technologies Limited is incorporated and registered in England and Wales with company number 04674316 whose registered office is at 5th Floor, The Shipping Building, Old Vinyl Factory, 252 – 254 Blyth Road, Hayes, UB3 1HA (SuTL).

Use of the Sign-Up.to system constitutes complete and unconditional acceptance of the terms below. The Client’s attention is drawn in particular to clauses 3.4, 4, 6, 9 & 11.

AGREED TERMS

1. Interpretation

1.1 The definitions and rules of interpretation in this clause apply in these terms and conditions (Conditions).

Agreement: the Client’s agreement to use the Services provided by SuTL and to pay the Charges subject to these Conditions or as otherwise agreed in writing.

Charges: SuTL’s charges for the Services as posted on SuTL’s website from time to time or as agreed between the parties from time to time.

Client: the person, firm or company who purchases Services from SuTL pursuant to these Conditions.

Data: means the personal data provided to SuTL and updated from time to time by Client (which may include sensitive personal data).

Data Protection Legislation: all applicable data protection legislation and regulations.

Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

Material: includes, in addition to a document in writing, the Data, databases, computer software (including the Software), designs, drawings, pictures or other images (whether still or moving), the Site, sounds or any other record of any information in any form.

Payment Day: means the day of the month upon which the Client enters into this Agreement and the same day each month for the duration of the Agreement.

Services: means the provision of the sign-up.toTM data storage services and Software, whereby (i) SuTL provides the Services, by which persons can give (and withdraw) notice of their interest in a business’ products or services by mobile telephone or at the sign-up.to TM Site or another site and provide personal data, (ii) SuTL stores the Data, (iii) SuTL provides the Software to manipulate the data collected, (iv) SuTL provides the facilities for the Client to send e-mails and SMS text messages to the email addresses or mobile telephone numbers listed in their Data and sub-sets of the Data identified using the Software, (v) SuTL provides facilities for the Client to export the Data and such other services agreed between SuTL and the Client from time to time or ancillary to the services detailed above.

Site: means SuTL’s web site from which the Services can be accessed.

SMS Credit: means a virtual non-refundable credit which the Client may redeem with SuTL on the day of purchase and the following 29 days in return for the sending by SuTL of one SMS text message to the mobile telephone number provided by Client. The cost to SuTL of obtaining SMS text messaging services may vary; after the expiry of the guaranteed value period of 30 days the number of SMS Credits required to be redeemed in return for the sending by SuTL of one SMS text message may be varied at SuTL’s discretion.

Software: means SuTL’s data management and manipulation software which is made available by SuTL for use to the Client over the internet as part of the Services.

Subscriber: means each person for whom SuTL holds Data on for the Client.

SuTL: means Sign-up Technologies Limited (company number: 04674316, registered in England) whose registered office is 5th Floor, The Shipping Building,
Old Vinyl Factory, 252 – 254 Blyth Road, Hayes, UB3 1HA.

Trademark: means the “sign-up” unregistered trade mark and logo and any future registration of any similar mark or application for registration anywhere in the world.

1.2 Condition, schedule and paragraph headings shall not affect the interpretation of these conditions.

1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors and permitted assigns.

1.4 Words in the singular shall include the plural and vice versa.

1.5 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.

1.6 A reference to writing or written includes faxes and e-mail.

1.7 Where the words include(s), including or in particular are used in these terms and conditions, they are deemed to have the words without limitation following them and where the context permits, the words other and otherwise are illustrative and shall not limit the sense of the words preceding them.

1.8 Any obligation in this Agreement on a person not to do something includes an obligation not to agree, allow, permit or acquiesce in that thing being done.

1.9 References to conditions and schedules are to the conditions and schedules of this Agreement.

2. Application and duration of conditions

2.1 These Conditions shall apply to and be incorporated into the contract between us. As the application form is completed online by Client, Client will need to scroll through these Conditions online and will be asked to tick a box accepting these Conditions on the web page, this will constitute an acceptance by Client of these Conditions relating to the Services.

2.2 The Services supplied under this Agreement shall be provided by SuTL to the Client from the date Client signs up to the Services online.

2.3 The Client may request that the Services be varied but any such variation shall be subject to SuTL’s prior written consent and the written agreement of both parties, which shall set out any new, or variation of, the Charges.

2.4 Unless the parties have agreed an annual or quarterly contract for the supply of the Services, the Services supplied under this Agreement shall continue to be supplied for successive one (1) month periods unless and until this Agreement is terminated by one of the parties giving to the other not less than one months’ notice, unless this Agreement is terminated in accordance with condition 10.

3. Supply of services

3.1 Subject to earlier termination in accordance with these Conditions, SuTL shall provide the Services to the Client for the duration of this Agreement and will use its reasonable endeavours to provide the Services in a professional manner.

3.2 When Client requests the Services of SuTL, and clicks online to agree to these Conditions, the Client shall be allocated a free demo account and will be sent a link by email to validate their details and provide access to this account. The Client can then upload Data to SuTL. The first 1,000 emails sent by Client will be free of charge and any subsequent use shall incur the Charges set out on the Site from time to time or as otherwise agreed between the parties.

3.3 SuTL shall store Client’s Data securely and Client should note that: SuTL and does not buy, sell or rent any of Client’s Data nor will SuTL disclose any Data to any business, organization or individual without the Client’s prior express consent.

3.4 SuTL uses a third party to host the application servers and to provide communication services. That third party undertakes to provide its services at or above industry standards. SuTL uses a separate third party to provide SMS text messaging services. Both third parties rely upon the services of other telecommunications operators. Accordingly, SuTL does not warrant that the Services will be uninterrupted or error free nor that the delivery of e-mails or SMS text messages will be without delay. SuTL will endeavour to ensure that any third parties involved in the supply of the Services take appropriate security measures to protect Data.

3.5 It may be necessary to temporarily suspend the Services from time to time to carry out maintenance of equipment; such suspensions will be limited. However, the Services may also be suspended (in whole or part) where SuTL 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.

3.6 SuTL may at any time without notifying the Client make any changes to the Services which are necessary to comply with any relevant statutory, regulatory or similar requirements which do not materially affect the nature or quality of the Services.

3.7 SuTL will provide e-mail support for the Services during its usual business hours free of charge. SuTL’s speed of response and other modes of support will depend upon the package and Charges agreed with the Client.

3.8 SuTL reserves the right to gather, process and publish anonymous statistics on aggregate delivery and open rates and other campaign statistics. These statistics are produced on an aggregate basis across all clients, for the purposes of quality control and allowing clients to compare their performance across their particular industry. The gathering of these statistics will not require processing of any personal data.

4. Client’s obligations

4.1 The Client shall ensure that it has suitable computer and communications equipment to utilise the
Services from time to time; SuTL recommends that Client has, at minimum, a computer, internet connection
and a web browser with minimum specification of either

(i) Internet Explorer 9 or above (for a PC), or
(ii) Firefox 16 or above (for a MAC or PC), or
(iii) Chrome 23 or above (for a MAC or PC).

Any other web browsers shall be used at Client’s own risk as
they may not necessarily offer full functionality with SuTL’s Software.

4.2 The Client shall obtain and maintain all necessary licences and consents and comply with all relevant legislation, including Data Legislation, in relation to the Services, before the date on which the Services are to start. The Client shall comply, and ensure that all of the Data and all use of the Services complies, in all respects, with all regulations, directions, codes of practice and other rules and guidelines, mandatory or otherwise, promulgated from time to time by regulators (collectively, “Codes”) including, without limitation, those of the Mobile Marketing Association (available at www.mmaglobal.com).

4.3 The Client shall procure that any subcontractors used by Client comply in all respects with the Codes as if they were the Client under this Agreement.

4.4 The Client shall ensure that where SuTL is advised in writing by a Regulator that the Client is or has been in breach of any Code, SuTL shall be entitled to act on any request or recommendation by the Regulator for access to be barred to such Services as the Regulator may specify for such periods as the Regulator specify. In these circumstances, the Client shall:

(a) provide all reasonable assistance to SuTL in connection with SuTL’s compliance with any requirements or conditions which are at any time imposed by law or any Regulator which are applicable to or affect the Services; and

(b) provide the Regulator with such information or material relating to the Services or a future service as the Regulator may reasonably request in order to carry out any investigation in connection with (i) the Services or (ii) Client’s relationship with a subcontractor.

4.5 The Client will keep its password and other access details for use with the Services confidential and restricted to those members of staff who need to know such details and shall ensure all such staff are aware of the confidential nature of such information and treat it accordingly. The Client shall notify SuTL without delay if it believes that such information is no longer secret.

4.6 The Client shall take account of and promptly comply with all reasonable directions of SuTL in relation to its use of the Services. When considering the reasonableness of SuTL’s directions account shall be taken of the rights of other clients of SuTL, potential damage to the reputation of SuTL or its services and any complaints received by SuTL from third parties.

4.7 The Client acknowledges that SuTL will monitor and record each account’s usage of the Services, to include any campaigns sent or data processed, for the purposes of ensuring legal compliance and anti-spam measures.

4.8 If SuTL’s performance of its obligations under this Agreement is prevented or delayed by any act or omission of the Client, its agents, sub-contractors or employees, SuTL shall not be liable for any costs, charges or losses sustained or incurred by the Client arising directly or indirectly from such prevention or delay.

4.9 The Client shall be liable to pay to SuTL, on demand, all reasonable costs, charges or losses sustained or incurred by SuTL (including any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from the Client’s fraud, negligence, failure to perform or delay in the performance of any of its obligations under this Agreement, subject to SuTL confirming such costs, charges and losses to the Client in writing. The Client shall indemnify SuTL against any losses, claims, fines, damages and expenses (including legal expenses) arising from any breach of this clause 4.

4.10 The Client shall not, without the prior written consent of SuTL, at any time from the date Client accepted these Conditions to the expiry of six months after the termination of this Agreement, solicit or entice away from SuTL or employ or attempt to employ any person who is, or has been, engaged as an employee or sub-contractor of SuTL in the provision of the Services.

5. Charges and payment

5.1 Where the client chooses to pay monthly or has overage charges due, SuTL will invoice the Charges each month on the Payment Day for the month concerned. The invoice shall be sent to the Client by email, detailing the minimum payment in advance for the following month and any payments due over the minimum payment for the previous month. Annual payments will be invoiced by email on the anniversary of the agreement date as detailed on the Service Order Agreement.

5.2 All charges quoted to the Client shall be exclusive of VAT which SuTL shall add to its invoices at the appropriate rate;

5.3 The Client shall pay each invoice submitted to it by SuTL, in full and in cleared funds, on the date of each invoice. Client shall make the payments in pounds Sterling and payments may be made by credit card, debit card, cheque or bank transfer. NO payment shall be deemed to have been made until SuTL has received cleared funds.

5.4 If the Client wishes to make use of the SMS text messaging part of the Services, it must purchase SMS Credits. The purchase price for an SMS Credit and any bulk purchase discounts will be shown on the Site from time to time.

5.5 Time for payment shall be of the essence of this Agreement. Without prejudice to any other right or remedy that it may have, if the Client fails to pay SuTL on the due date, SuTL may:

(a) charge interest on such sum from the due date for payment at the annual rate of 3% above the base lending rate from time to time of Nat West Bank, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment and SuTL may claim interest under the Late Payment of Commercial Debts (Interest) Act 1998; and

(b) suspend all Services until payment has been made in full.

5.6 SuTL may alter the level of Charges or the Charges payment terms from time to time on not less than 30 days’ written notice and shall notify Client of the changes to the Charges. If Client does not wish to accept the altered Charges, Client shall notify SuTL of this and shall terminate this Agreement on one (1) month’s notice or as otherwise agreed with SuTL.

5.7 All sums payable to SuTL under this Agreement shall become due immediately on its termination, despite any other provision. This condition 5.7 is without prejudice to any right to claim for interest under the law, or any such right under this Agreement.

5.8 SuTL may, without prejudice to any other rights it may have, set off any liability of the Client to SuTL against any liability of SuTL to the Client.

5.9 SuTL may, at it’s sole discretion, request a further pre-payment for services if the Client uploads data or sends emails in excess of their previously pre-paid allowance. Until such payment is made, further message delivery may be temporarily suspended.

5.10 Any credit balance on the Client’s account shall be automatically used towards the payment of any further sums which become payable by the Client.

6. Data, data protection and indemnity

6.1 It is a condition of this agreement that the Client complies with all applicable Data Protection Legislation. In particular, the Client shall:

(a) take appropriate organisational and technical measures against unauthorised or unlawful processing;

(b) obtain express, specific and informed consent when obtaining sensitive personal data from Subscribers;

(c) if located or operating in the EEA, only transfer Data outside the EEA with, and only to the extent of, any express and informed written consent of the relevant Subscribers; and

6.2 The Client shall indemnify SuTL against any loss, damage or expenses which may be incurred as a result of any breach of the Data Protection Legislation or from its use of any Data provided in the course of the Services (including in relation to any e-mails or SMS text message sent by the Client or at its instruction).

6.3 SuTL shall, and any third parties it contracts with shall, comply with all relevant Data Protection Legislation in relation to its storage of Client’s Data.

6.4 SuTL contracts with a third party to store the Data and back it up. Whilst that third party is obliged to carry out back-ups at regular intervals (at least daily), the Client is advised to make its own interim back-ups of all Data, particularly if it adds a significant amount of Data over a short time period. SuTL shall have no liability for any loss or damage, however caused, arising from any loss of Data.

6.5 SuTL has installed into the Software several procedures to help ensure compliance with relevant Data Protection Legislation, including the addition of unsubscription links in messages and the use of double opt-in techniques for data captured using SuTL provided web forms. It is, however, the Client’s responsibility to ensure that their actions under this agreement are compliant with all Data Protection Legislation.

6.6 If needed you can download a copy of the standard Sign-Up.to Data Processing Addendum here.

7. Intellectual property rights

7.1 As between the Client and SuTL, all Intellectual Property Rights and all other rights in the Site and the pre-existing Materials (which, for the avoidance of doubt, includes the Trade Mark) shall be owned by SuTL. Subject to condition 7.2, SuTL licenses all such rights as are necessary to use the Software and Trade Mark to the Client on a non-exclusive, worldwide basis to such extent as is necessary to enable the Client to make reasonable use of the Services. If this Agreement is terminated, this licence will automatically terminate.

7.2 The Client acknowledges that, where SuTL does not own any pre-existing Materials, the Client’s use of rights in pre-existing Materials is conditional on SuTL obtaining a written licence (or sub-licence) from the relevant licensor or licensors on such terms as will entitle SuTL to license such rights to the Client. Use of the Software is on the following terms:

(a) “use” of the Software shall be restricted to use over the internet and for the purpose of utilising the Services only;

(b) the Client shall have no right to copy, adapt, reverse engineer, decompile, disassemble or modify the Software in whole or part except as permitted by law;

(c) the Client shall have no right to grant sub-licences of the Software; and

(d) the Client acknowledges that the Software will not be treated as goods within the meaning of the Sale of Goods Act 1979.

7.3 The Client undertakes not to do or permit to be done any act which would or might jeopardise or invalidate any registration of the Intellectual Property Rights, or application for registration, nor to do any act which might assist or give rise to an application to remove any of the Intellectual Property from an official register or which might prejudice the right or title of SuTL to the Intellectual Property.

7.4 The Client will not make any representation or do any act which may be taken to indicate that it has any right title or interest in or to the ownership or use of any of the Intellectual Property Rights except under the terms of this Agreement, and acknowledges that nothing contained in this Agreement shall give the Client any right, title or interest in or to the Intellectual Property save as granted hereby.

7.5 All use of the Intellectual Property rights (including the Trade Mark) by the Client shall be for the benefit of SuTL and the goodwill accrued to the Client arising from its use of the Intellectual Property (including the Trade Mark) (but no greater or other goodwill) shall accrue to and be held in trust by the Client for SuTL which goodwill the Client agrees to assign to SuTL at its request and own cost at any time, whether during or after the term of this Agreement.

7.6 The Client shall direct any commercial enquiries in relation to the sign-up.toTM Services to SuTL.

7.7 The Client shall use the Trade Mark in the form stipulated by SuTL from time to time and shall observe any reasonable directions given by SuTL as to colours and size of the representations of the Trade Mark and their manner and disposition on the Client’s products, packaging, labels, wrappers and any accompanying leaflets, brochures or other material. The Client shall be responsible for ensuring that all other requirements relating to labelling, packaging, advertising, marketing and other such matters are complied with. The use of the Trade Mark by the Client shall at all times be in keeping with and seek to maintain its distinctiveness and reputation as determined by SuTL and the Client shall cease any use to the contrary as SuTL may require.

7.8 The Client shall not use any mark or name confusingly similar to the Trade Mark in respect of any of its goods or use the Trade Mark as part of any corporate business or trading name or style.

7.9 The foregoing obligations as to Intellectual Property Rights shall remain in full force and effect notwithstanding any termination of the Agreement.

7.10 The Client shall as soon as it becomes aware thereof give SuTL in writing full particulars of any use or proposed use by any other person, firm or company of a trade name, trade mark or get up of goods or mode of promotion or advertising which amounts or might amount either to infringement of SuTL’s rights in relation to the Intellectual Property Rights or to passing off.

7.11 If the Client becomes aware that any other person, firm or company alleges that the Trade Mark is invalid or that use of the Trade Mark infringes any rights of another party or that the Trade Mark is otherwise attacked or attackable the Client shall immediately give SuTL full particulars in writing thereof and shall make no comment or admission to any third party in respect thereof.

7.12 SuTL shall have the conduct of all proceedings relating to the Intellectual Property Rights and shall in its sole discretion decide what action if any to take in respect of any infringement or alleged infringement of the Intellectual Property Rights or passing off or any other claim or counterclaim brought or threatened in respect of the use or registration of the Intellectual Property Rights. The Client shall not be entitled to bring any action relating to the Intellectual Property Rights in its own name but shall assist SuTL in any such actions if requested.

8. Confidentiality and SUTL’s property

8.1 The Client shall keep in strict confidence all technical or commercial know-how, specifications, inventions, trade secrets, processes or initiatives which are of a confidential nature and have been disclosed to the Client by SuTL, its employees, affiliates or sub-contractors and any other confidential information concerning SuTL’s business or its products which the Client may obtain unless such information is public knowledge or already known to such party at the time of disclosure or subsequently becomes public knowledge other than by breach of this Agreement or subsequently comes lawfully into the possession of such party from a third party. The Client shall restrict disclosure of such confidential material to such of its employees, agents or sub-contractors as need to know the same for the purpose of discharging the Client’s obligations to SuTL, and shall ensure that such employees, agents or sub-contractors are subject to obligations of confidentiality corresponding to those which bind the Client.

8.2 The restrictions at clause 8.1 shall not apply in respect of any disclosure to:

(a) their own employees which need to know the confidential information and which are bound by similar confidentiality restrictions; or

(b) to either parties’ legal advisors, a court, governmental body or applicable regulatory body; or

(c) organisations providing hosting and communications services to either party where such disclosure is incidental to the services provided and where those organisations are bound by similar confidentiality restrictions

For the avoidance of doubt, neither party shall disclose at any stage to any third party any confidential, business or future plans of the other party, including but not limited to the commercial terms of the Agreement unless a public disclosure, press statement or similar release or any advertising, publicity or promotional document has been specifically agreed to by a duly authorised representative of SuTL.

8.3 This condition 8 shall survive termination of this Agreement, however arising.

9. Limitation of liability

THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF THIS CONDITION

9.1 This condition 9 sets out the entire financial liability of SuTL (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Client in respect of:

(a) any breach of this Agreement;

(b) any use made by the Client of the Services, or any part of them; and

(c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Agreement.

9.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.

9.3 Nothing in these Conditions limits or excludes the liability of SuTL:

(a) for death or personal injury resulting from negligence; or

(b) for any damage or liability incurred by the Client as a result of fraud or fraudulent misrepresentation by SuTL; or

(c) for any liability incurred by the Client as a result of any breach by SuTL of the condition as to title or the warranty as to quiet possession implied by section 2 of the Supply of Goods and Services Act 1982.

9.4 Subject to condition 9.2 and condition 9.3

(a) SuTL shall not be liable for: loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of use, loss of corruption of data or information, or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

(b) SuTL’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this Agreement shall be limited to the Charges paid for the Services in the preceding 12 months.

10. Termination

10.1 Without prejudice to any other rights or remedies which the parties may have, either party may terminate this Agreement without liability to the other on giving the other not less than one (1) months written notice or immediately on giving notice to the other if:

(a) the other party commits a material breach of any of the Conditions and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach; or

(b) an order is made or a resolution is passed for the winding up of the other party, or circumstances arise which entitle a court of competent jurisdiction to make a winding-up order of the other party; or

(c) an order is made for the appointment of an administrator to manage the affairs, business and property of the other party, or documents are filed with a court of competent jurisdiction for the appointment of an administrator of the other party, or notice of intention to appoint an administrator is given by the other party or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986); or

(d) a receiver is appointed of any of the other party’s assets or undertaking, or circumstances arise which entitle a court of competent jurisdiction or a creditor to appoint a receiver or manager of the other party, or if any other person takes possession of or sells the other party’s assets; or

(e) the other party makes any arrangement or composition with its creditors, or makes an application to a court of competent jurisdiction for the protection of its creditors in any way; or

(f) the other party ceases, or threatens to cease, to trade; or

(g) there is a change of control of the other party (as defined in section 574 of the Capital Allowances Act 2001); or

(h) the other party takes or suffers any similar or analogous action in any jurisdiction in consequence of debt.

10.2 SuTL shall have the right to either suspend or terminate this Agreement with immediate effect if it should be discovered, through third party complaints or through SuTL’s internal monitoring procedures, if Client is sending any SPAM messages through the Services. If SuTL suspends a Client’s account then Client will have to rectify any damage caused, either to SuTL’s reputation or to a third party, and will have to commit to not sending any further SPAM through the Services. If SuTL terminates a Client’s account under this clause 10.2, SuTL’s decision will be final.

10.3 On termination of this Agreement for any reason:

(a) the Client shall immediately pay to SuTL all of SuTL’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, SuTL may submit an invoice, which shall be payable immediately on receipt; if paying an annual contract by monthly instalments the full remaining balance of the annual contract amount will become immediately due;

(b) the Client’s password for its account shall immediately become ineffective; and

(c) the accrued rights of the parties as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination, shall not be affected.

11. Force Majeure

SuTL shall have no liability to the Client if it is prevented from or delayed in performing its obligations under this Agreement or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including strikes, lock-outs or other industrial disputes (whether involving the workforce of SuTL or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.

12. Variation

No variation of this Agreement or these Conditions shall be valid unless it is in writing and signed by or on behalf of each of the parties.

13. Waiver

13.1 A waiver of any right under this Agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.

13.2 Unless specifically provided otherwise, rights arising under this Agreement are cumulative and do not exclude rights provided by law.

14. Severance

14.1 If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force.

14.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, that provision will apply with whatever modification is necessary to make it valid, enforceable and legal.

15. Status of pre-contractual statements

Each of the parties acknowledges and agrees that, in entering into this Agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to these terms and conditions or not) relating to the subject matter of this Agreement, other than as expressly set out in this Agreement.

16. Assignment

16.1 The Client shall not, without the prior written consent of SuTL, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.

16.2 SuTL may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.

17. No partnership or agency

Nothing in this Agreement is intended to, or shall operate to, create a partnership between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

18. Rights of third parties

This Agreement is made for the benefit of the parties to it and (where applicable) their successors and permitted assigns and is not intended to benefit, or be enforceable by, anyone else.

19. Notices

Notice given under this Agreement shall be in writing, sent for the attention of the person, and to the address or fax number, given in this Agreement (or such other address, fax number or person as the relevant party may notify to the other party) and shall be delivered personally, sent by fax or sent by pre-paid, first-class post or recorded delivery, or sent by email. A notice is deemed to have been received, if delivered personally, at the time of delivery, in the case of fax, at the time of transmission, in the case of pre-paid first class post or recorded delivery, 48 hours from the date of posting and, if deemed receipt under this condition 19 is not within business hours (meaning 9.00 am to 5.30 pm Monday to Friday on a day that is a business day), at 9.00 am on the first business day following delivery. To prove service, it is sufficient to prove that the notice was transmitted by fax, to the fax number of the party or, in the case of post, that the envelope containing the notice was properly addressed and posted. If a notice is sent by email, it must be backed up by notice sent by first class post and shall be deemed received when the party serving notice receives confirmation by email from the other party that the notice has been received.

20. Governing law and jurisdiction

20.1 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.

20.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter.

This agreement has been entered into on the date stated at the beginning of it.

TERMS AND CONDITIONS OF USE OF SIGN-UP.TO PLATFORM AND SERVICES

– Agreement
– Registration & use
– Cost of use
– Intellectual property
– Acceptable use
– Competitions & prizes
– Limits to rights
– Your responsibility
– Terminations & suspension
– Privacy policy
– Disputes & law
– Access outside the UK
– General
– Customer services

4. Terms and conditions of use

TERMS AND CONDITIONS OF USE OF SIGN-UP>TO PLATFORM AND SERVICES

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING WITH Sign-Up.to™. ALL Sign-Up.to™ SERVICES PROVIDED TO YOU ARE SUBJECT TO THESE TERMS. WE SUGGEST THAT YOU PRINT OUT AND KEEP A COPY OF THESE TERMS AND CONDITIONS. PLEASE PAY PARTICULAR ATTENTION TO CLAUSES 7 AND 8.

Sign-Up.to™ is provided by Sign-Up Technologies Limited (“SuTL”) and references to “we”, “us” or “our” are to SuTL.

1. The Agreement between us

1.1 Your use of the Sign-Up website (the “Site”) and the Sign-Up data processing services (together, the “Services”) are subject to you accepting the following Terms and Conditions of Use and Privacy Policy (together, the “Terms of Use”).

1.2 Your acceptance of the Terms of Use shall be indicated by you clicking on the “Accept” box at the bottom of this document and your continued use of the Services. If you do not accept all the Terms of Use, you must click the “Decline” box at the bottom of this document and you must not continue to register to use the Services.

1.3 Any error or omission of any information that we publish about the Services shall be subject to correction, provided that the correction does not materially affect the Services.

1.4 We may change or add to these Terms of Use for security, legal or regulatory reasons. We will inform you of any changes that we intend to make by posting a notice of the Site at least 14 days before we make any changes. You will also be invited to view any amended Terms of Use before making a purchase using these Services.

1.5 If you do not wish to accept any amended Terms of
Use you should close your membership account as instructed on the Site or by contacting us as set out at clause 14 below, and stop using the Services immediately. If you do not close your membership account, your continued use of the Services will signify your acceptance of any amended Terms of Use.

2. Registration and using the Services

2.1 In order to use the Services you will need to:

(a) register your interest via SMS text message (“SMS”) (please see clause 3 below for details of SMS charges); or

(b) create your personal sign-up membership account on the Site by selecting a username and password and entering certain personal details which we will use in accordance with our Privacy Policy.

2.2 You agree that you will register in your own name only and all information provided by you will be accurate and up-to-date. You agree to promptly update any of your details on the Site as necessary.

2.3 You may not transfer your membership to another person.

2.4 You are responsible for maintaining the confidentiality of your password and for all use of the Services made through your password. You agree to keep your password secret at all times and must inform us, and promptly change your password, if you believe that another person has become aware of your password or is using it or is likely to use it in an unauthorised way.

3. Cost of using the Services

3.1 Membership and use of the Services is free but you will be charged, at your mobile phone network service provider’s usual SMS message rate, for each SMS message that you send to us as part of the Services. You will not be charged for any SMS messages that you receive as part of the Services unless they have been clearly advertised as being premium rate.

3.2 SMS charges will be published alongside our SMS contact numbers on the Site and on promotional literature.

4. Intellectual Property

4.1 All information, data and materials used in the Services (including materials accessible on the Site and the software used to access the Services) are protected by rights, including copyright, design rights, database rights and trade marks. All these rights are either owned by us or licensed to us by the rights owner(s) for use with the Services or otherwise used by us as permitted by applicable law.

4.2 The Services are intended for individual, personal use only. Accordingly, you may print and download extracts from this Site for your own personal, non-commercial use, provided that any material copied remains intact and includes the following notice: “Copyright © 2009 Sign-Up Technologies Limited. All rights reserved.” Any other copying, distribution, storing, framing or transmission of any kind or any sort of commercial use of our the material used in the Services is strictly prohibited without our express consent.

4.3 The word and logo “Sign-Up.to”, however represented, are trade marks of SuTL. All rights reserved.

5. Acceptable Use Policy

5.1 You agree to use the Services as permitted by these Terms of Use and for lawful purposes only. In particular, you agree not to:

(a) use the Services to receive, access or transmit material that is obscene, sexually explicit, defamatory, threatening, degrading, racist, in breach of confidence or in breach of third party intellectual property rights (including copyright) or otherwise objectionable or unlawful;

(b) impersonate any person, or entity or misrepresent your affiliation with anyone or entity;

(c) access or attempt to access parts of the Services that you are not authorised to access or collect or store other members’ usernames, passwords or personal data;

(d) avoid authentication processes or security of the Services or interfere with the use of the Services by other members;

(e) use the Services to gain unauthorised access to other computer systems or interfere with services to other host providers, networks or websites.

(f) reverse engineer or decompile (whether whole or in part) any software used in the Services;

(g) use the Services to knowingly or recklessly transmit material (including viruses) or otherwise use the Services so as to cause harm to the Services, SuTL or other users or which is likely to bring the Services or SuTL into disrepute; or

(h) intentionally violate any other applicable law or regulation while using the Services.

6. Competition and Prizes

6.1 We may run competitions, prize draws and promotions that will be subject to additional terms and conditions applicable to each individual instance and which will be made available at the time of such competitions.

7. Limits to your rights

7.1 We will do our best to maintain the operation of the Services in accordance with these Terms of Use. However, we cannot guarantee that the Site will be technically suitable for viewing on your computer or that the Services will be delivered to you uninterrupted, timely, secure or error-free.

7.2 You are responsible for providing all computer equipment, mobile phone equipment and telecommunications service required to use the Services. We cannot and do not accept any responsibility for these and cannot guarantee the continued availability of any other person or services involved in providing the Services to you.

7.3 The internet is not a secure environment and we cannot guarantee that the Site and the server are free of computer viruses or other harmful applications. We recommend that you regularly update your browser software and use up-to-date anti-virus software to ensure that your access to the Services is as secure as possible.

7.4 Your access to the Services may be occasionally restricted to allow for repairs, maintenance, the introduction of new facilities or services, or due to events beyond our reasonable control. Where this happens, we will attempt to restore the Services as soon as we reasonably can.

7.5 We have no control or proprietary interest in the companies or products with which you register your interest. We do not endorse any particular company or product. When you register your interest with a particular company, you will receive information from that company and we are not responsible for the content or the accuracy of such information. You should contact that company directly if you have any queries or complaints

7.6 We have no control over or proprietary interest in any websites that are hypertext linked to this Site. We make no representations or guarantees about those websites or their content, nor that the links work.

7.7 Should you purchase products or services from companies advertising on or linked to our Site, any contracts will be exclusively between you and the relevant company. We are not responsible for and do not endorse any other companies’ products or services.

7.8 Except for death or personal injury caused by our negligent acts or omissions, or fraudulent misrepresentation, we shall only be liable for loss or damage which is a reasonably foreseeable consequence of a breach of these Terms of Use.

8. Your responsibility to us

8.1 You shall be responsible for any losses, expenses or other costs incurred by us which are caused by your deliberate breach of these Terms of Use.

9. Terminations and Suspension

9.1 We may cancel or suspend your membership account and/or suspend your access to the Services if:

(a) you breach these Terms of Use or misuse the Services provided by us; or

(b) you have behaved in a way which objectively could be regarded as inappropriate or is unlawful or illegal or which would bring us and/or the Sign-Up brand into disrepute.

9.2 We may suspend access to the Services or require you to change your password if we reasonably believe that the Services have been or are likely to be misused, and we will notify you accordingly.

9.3 It may be necessary, for reasons beyond our control, to terminate the Services and if this occurs we will endeavour to provide as much notice as is reasonably possible in the circumstances.

9.4 We may terminate the Services and this agreement between us by giving you 14 days notice.

9.5 You may terminate the Services at any time by closing your membership account as instructed on the Site or by contacting us as set out at clause 14 below.

9.6 Any termination of your membership account or the Services will not affect liability previously incurred by either of us to the other.

10. Privacy Policy

10.1 Any personal information that we collect from you will only be used by us in accordance with our Privacy Policy which forms part of these Terms of Use.

11. Disputes and law

11.1 We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement you may wish to take court proceedings.

11.2 These Terms of Use and the agreement between you and us are governed by English law and we both agree to submit to the non-exclusive jurisdiction of the English courts.

12. Access Outside The UK

12.1 We cannot guarantee that the Services comply with all foreign and local laws and requirements outside the United Kingdom.

13. General

13.1 If any part of these Terms of Use is found by a court to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

13.2 If you breach these Terms of Use and we ignore this, we will still be entitled to enforce all these terms at a later date or in any other situation where you breach the Terms of Use.

13.3 These Terms of Use and the agreement between you and us for the provision of the Services are only available in the English language.

14. Customer Services 

The Services are provided by Sign-Up Technologies Limited, a company registered in England and Wales with company registration number 4674316.

If you wish to contact us regarding the Services, please use the following contact details:

Address: Sign-Up Technologies Limited
5th Floor,
The Shipping Building,
Old Vinyl Factory,
252 – 254 Blyth Road,
Hayes, UB3 1HA

E-mail: solutions@sign-up.to

SIGN-UP.TO SECURITY STANDARDS AND POLICIES

– Data protection
– Data security
– Data integrity
– Updates & availability

5. Security Standards and Policies

SIGN-UP.TO SECURITY STANDARDS AND POLICIES

1. Data Protection

Sign Up Technologies is registered with the Information Commissioners Office (ICO) to handle personal data under the currently applicable data protection regulations. The ICO registration number is Z7766976. Data protection is a fundamental philosophy and we are proactive in ensuring that personal data is respected and protected. All personal data is stored in accordance within the applicable law of the United Kingdom. All staff undertake internal training on our obligations under data protection laws as well as training on risk management and other technical and social engineering aspects of data security.

2. Data Security

Data security comprises of both physical and digital measures designed to prevent unauthorised access to information.

Physical security

The Sign-Up.to platform is hosted on servers based in a UK located secure Tier III data centre facility. Tier III is a datacentre classification which defines the level of redundancy and concurrent maintainability. Tier III classification delivers 99.98% availability and N+1 redundancy. It means that component failure and maintenance should not affect the infrastructure’s normal functioning.  Access to the site is through a security ‘airlock’ and requires government issued photo identification. The entire site is covered by CCTV and monitored 24/7/365.

The datacentre is owned and operated by Pulsant Limited (Cadogan House, Rose Kiln Lane, Reading, RG2 OHP, United Kingdom, Registered Number 03625971). Pulsant Limited holds certificate number IS 571965 and operates an Information Security Management System which complies with the requirements of ISO/IEC 27001:2013 for the provision of managed hosting, cloud computing, network and colocatiuon services.

Information on the Pulsant Ltd accreditations and certifications can be found at the link below:

https://www.pulsant.com/why-us/accreditations/

Decommissioned hard drives from all equipment are erased, overwritten with random data and then the drive platters are physically destroyed before disposal.

Other company devices which may contain company data (for example mobile phones) are erased and overwritten before recycling. Where this is not possible and they are destroyed.

System security

Access to the site is through a security ‘airlock’ and requires government issued photo identification. The entire site is covered by CCTV and monitored 24/7/365.

All servers sit behind custom built firewalls which prevent unauthorised access and ensure data movement between servers occurs on a private network not accessible to the Internet. Database engines are not directly connected to the internet. Access passwords are only available to Sign-Up.to’s senior technical staff. All Sign-Up.to staff access to systems is monitored and restricted appropriately. All access to systems is logged.

Access to the administration layer of our services from laptop devices is restricted to senior staff and is locked down based on multi-factor authentication. In addition any devices with such access must be encrypted. Access from other mobile devices is not enabled.

Our servers are patched both on a regular maintenance schedule and as a result of relevant zero-day exploits being announced.

Decommissioned hard drives from all equipment are erased, overwritten with random data and then the drive platters are physically destroyed before disposal. Other company devices which may contain company data (for example mobile phones) are erased and overwritten before recycling. Where this is not possible and they are destroyed.

Transit security

Data exchanged between our hosting environment and other systems (including platform users) is protected by 128 bit SSL encryption, preventing password and data snooping over the Internet.

3. Data Integrity

Storage

All data is held on mirrored RAID volumes to prevent loss in the event of a drive failure.

Backups

Data is continuously backed up and validated to a separate secure system. Data snapshots are taken daily and held in a secure off-site location on encrypted hard drives for a period of two weeks. After this period backups are overwritten by the next backup in rotation.

Disposal

To ensure no personal data remains, at the end of their useful life our HDDs are rewritten with random information before being physically destroyed.

Monitoring

Our server monitoring tool is as important a piece of our software as any other. It watches all hardware and software in detail, and reports issues, failures or breach attempts directly to our engineering team. All systems are also continually monitored by an independent third party. In the event of an issue senior staff are immediately alerted by email and SMS.

4. Updates and availability

Routine updates

Sign-Up.to is a continually evolving web application. With the exception of rare, critical bug fixes, we aim to update our platform weekly at 11am UK time on Tuesdays. These updates should be non-intrusive and result in no downtime or system slow-down.

Major upgrades and maintenance

Scheduled system up-time is guaranteed at 99.9% measured over a calendar year. Essential maintenance is generally performed on Tuesday evenings (UK time). Sign-Up.to customers can expect several days’ notice of such events by email and with updates on our social media channels.

During periods of maintenance it is usual for Sign-Up.to accounts to be upgraded in batches, resulting in accounts being unavailable for periods of time while the overall platform remains functional. If the Security Standards and Policies overall platform is unavailable beyond our guaranteed annual up-time of 99.9%, clients affected are able to claim pro-rata refunds.

Contact: If you have further questions on our Security Standards and Policies please contact us by email at solutions@sign-up.to.