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Terms and Conditions
- the Agreement |
| 1. |
Introduction |
| 1.1 |
ArmourPlate is an email scanning
service ("the Service") of Corpex Limited ("Corpex"). The Service
is more fully described in Appendix A of these terms and conditions.
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| 1.2 |
These terms and conditions ("the
Agreement") constitute the entire terms and conditions upon
which Corpex provides the Service and upon which each organisation
ordering the Service (the "Client") agrees to contract for the
use of the Service. The Agreement supersedes any written or
oral representations, statements, understandings or agreements,
except where specifically varied by written agreement by Corpex
on its order acknowledgement that specifically adds to or excludes
any terms contained herein. |
| 1.3 |
By placing an order for the Service,
you, the Client, confirm your acceptance of the agreement to
be bound by the Agreement. |
| 1.4 |
From time to time, it will be necessary
to update the Agreement and you agree to be bound by the new
Agreement after the implementation date for the new Agreement.
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| 1.5 |
You are responsible for reviewing
regularly the Agreement, which is shown online under the heading
"Terms and Conditions - the Agreement " at www.armourplate.com/clients/terms.
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| 1.6 |
In the event of any conflict between
the Agreement and any other document, the Agreement shall prevail.
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| 2. |
Service provision |
| 2.1 |
Corpex will provide an order acknowledgement
for all orders placed but reserves the right to accept or reject
any order. |
| 2.2 |
Corpex will use all reasonable endeavours
to provide the Service as described in Appendix A. |
| 2.3 |
Corpex may at any time amend the
Service for any reason including, but not limited to, technical,
legal or business reasons. |
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| 3. |
Service commencement date |
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The "Service Commencement Date" shall
be the date the service is available for use by the Client.
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| 4. |
Client Obligations |
| 4.1 |
In order to provide the Service certain
information will be required from the Client by Corpex. The
Client will provide Corpex with all technical and other information
Corpex may reasonably request from time to time. Any change
to any information, including Client address details, will be
notified to Corpex immediately on such change. |
| 4.2 |
The Client authorises Corpex to request
your Domain Name host to make all necessary changes to enable
provision of the Service to the Client. |
| 4.3 |
The Client shall pay the charges
for the Service in accordance with clauses 5 and 6 below. |
| 4.4 |
The Client is responsible for information
sent to or from the Client using the Service and shall comply
with all laws relating to the transmission of such information
and shall not use the service for any unlawful purpose. |
| 4.5 |
The Client shall indemnify Corpex
and keep Corpex indemnified against any liability to any third
party arising out of or connected with the Client's use of the
Service. |
| 4.6 |
Corpex is entitled to suspend or
terminate the Client's use of the Service if the Client fails
to comply with any of its obligations under this clause 4. Also
see clause 8 regarding termination. |
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| 5 |
Service charges |
| 5.1 |
Charges for the Service shall be
based upon the number of email addresses in use from time to
time. |
| 5.2 |
The prices charged initially shall
be those stated on the order acknowledgement provided to the
Client. |
| 5.3 |
Initial charges shall be invoiced
to the Client for a period of twelve months service and thereafter
all relevant charges shall be invoiced for a further twelve
months service. Any charges for additional addresses in use
as determined by ArmourPlate from time to time shall be invoiced
to run to the end of the relevant annual period. Any varying
usage charges shall be invoiced monthly or quarterly in arrears
at the discretion of Corpex. |
| 5.4 |
Corpex reserves the right to change
prices or institute new charges for use of the Service at any
time. |
| 5.5 |
If the Client has any query or dispute
relating to any invoice raised it shall notify Corpex within
seven working days of the invoice date of such query or dispute.
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| 6 |
Payment of Service charges |
| 6.1 |
The first Invoice raised shall be
paid in advance of Service commencement unless otherwise stated
on the order acknowledgement. |
| 6.2 |
Any invoices not required by Corpex
to be paid in advance and all subsequent invoices shall be due
for payment 30 days from the invoice date. |
| 6.3 |
If payment is not received by the
due date then Corpex shall be automatically entitled to charge
interest at 1.5 per cent per month, from the date when payment
is due until the date when payment is received. |
| 6.4 |
The Client shall not be entitled
by reason of any set-off, counter-claim, abatement, or other
deduction to withhold payment of any amount due to Corpex. All
payments made are non-refundable. |
| 6.5 |
Corpex is entitled to suspend or
terminate the Client's use of the Service if the Client fails
to pay any and all invoices by their due payment date. Also
see clause 8 regarding termination. |
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| 7. |
Service term |
| 7.1 |
The first service term shall be one
year from the Service commencement date. |
| 7.2 |
Thereafter the Service shall renew
on an annual basis. |
| 7.3 |
Either party may terminate the Service
by giving notice in writing at least one month before the end
of the then current annual service term, such notice to expire
no earlier than the end of the then current annual service term.
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| 7.4 |
All charges made are non-refundable
in the event of early termination by the Client.
Also see clause 8 regarding termination. |
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| 8. |
Termination |
| 8.1 |
Corpex shall be entitled to suspend
the Service in accordance with clauses 4.6 and 6.5. |
| 8.2 |
Without prejudice to any other rights
to which it may be entitled, Corpex or the Client may terminate
provision or use of the Service respectively with immediate
effect if the other party commits any material breach of any
of the terms of the Agreement and the breach remains unremedied
after thirty days of the defaulting party being notified by
the other party of the breach and of the other party's intention
to terminate unless the breach is remedied. |
| 8.3 |
Corpex may terminate provision of
the service immediately if Client takes or suffers any action
on account of debt or is insolvent. |
| 8.4 |
The Client's rights under the Agreement
will terminate immediately upon termination and all invoices
not paid by the Client will become due and payable immediately.
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| 9. |
Warranty given by Corpex |
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Corpex undertakes to use reasonable
skill and care in providing the Service as described in Appendix
A. |
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| 10. |
Disclaimer and Limitation of Liability
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| 10.1 |
The Client uses the Service at its
own risk and in no event shall Corpex be liable to the Client
for any direct, consequential, incidental or special damage
or loss of any kind (except personal injury or death resulting
from Corpex's negligence) including, but not limited to, loss
of profits, loss of contracts, business interruptions, loss
of or corruption of data or the Client's inability to use the
Product, however caused and whether arising under contract or
tort, including negligence or otherwise except as expressly
provided herein. |
| 10.2 |
No anti-virus or anti-spam
software can guarantee to detect 100% of viruses or spam emails.
The Client acknowledges that Corpex cannot and does not warrant
that the Service will detect all viruses or spam present in
emails going through the ArmourPlate scanning system at any
time. |
| 10.3 |
Any emails identified
as or suspected of carrying a virus or being spam will be held
in the ArmourPlate Quarantine area as explained in Appendix
A. Corpex will take no responsibility for any loss suffered
as a result of any such email being held in Quarantine or for
any loss by the Client or any third party as a result of any
virus-infected email being sent on to the Client or a third
party at the request of the Client or any such third party. |
| 10.4 |
If any exclusion, disclaimer or other
provision contained in this Agreement is held to be invalid
for any reason by a court of competent jurisdiction and Corpex
becomes liable thereby for loss or damage that may lawfully
be limited, such liability whether in contract, tort (including
negligence) or otherwise, will not exceed the total charges
paid by the Client in the 12 months preceding such liability
arising. |
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| 11. |
Confidentiality |
| 11.1 |
Corpex would normally not access,
read or copy emails or their attachments other than by electronic
methods for the purposes of virus and/or spam scanning. However,
Corpex reserves the right to utilise the virus and/or spam related
content of emails or attachments for the purposes of: maintaining,
testing and improving the performance of the Service, which
may include passing on such information to the virus software
suppliers of the Service; or complying with any legal or contractual
obligations. |
| 11.2 |
Where Corpex exercise its right as
provided in 11.1, it will use all reasonable endeavours to keep
confidential information so received by Corpex. |
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| 12. |
Privacy |
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The Client will ensure it is aware
of relevant data protection and privacy laws and recognises
that Corpex has no control or influence over the content of
emails processed by the Service and the Client shall hold Corpex
harmless from any claims by any party relating thereto. |
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| 13. |
General |
| 13.1 |
Any notice required to be given to
the Agreement shall be in writing and shall be delivered by
prepaid first class post to the address of the relevant party
set out in the Client order details for the Client and on the
ArmourPlate Web site for Corpex. |
| 13.2 |
Failure or delay by Corpex in enforcing
any term of the Agreement shall not be construed as a waiver
of any of its rights under it. |
| 13.3 |
The illegality, invalidity or unenforceability
of any part of this Agreement will not affect the legality,
validity or enforceability of the remainder. |
| 13.4 |
The construction, validity and performance
of this Agreement shall be governed by English Law. |
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| Appendix
A to the Agreement |
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Corpex ArmourPlate
Service
|
| A1. |
The Service |
| A1.2 |
ArmourPlate ("the Service") scans
your emails, incoming and outgoing, for viruses and spam (optional),
at the Internet level before they reach you or your recipient's
network. |
| A1.3 |
Emails sent from or to
you are directed through the ArmourPlate scanning system. |
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| A2. |
Key Features |
| A2.1 |
ArmourPlate Anti Spam uses proprietary
technology to detect spam emails. Any suspect emails are quarantined. |
| A2.2 |
ArmourPlate Anti Virus uses a combination
of three market-leading anti-virus scanners to check for and
quarantine any email it identifies or suspects is carrying a
virus. |
| A2.3 |
Heuristics-based analysis searches
for tell-tale signs of viruses as yet undetected. This means
your email is scanned for suspected new viruses rather than
being solely reliant on identified virus definitions. |
| A2.4 |
ArmourPlate automatically checks
for new virus definitions at ten minute intervals, 24x7x365.
|
| A2.5 |
Encrypted email is not scanned in
order to preserve the encryption. |
| A2.6 |
Every scanned email contains a footer
stating that the email has been checked for known viruses and
spam (optional). |
| A2.7 |
Any email ArmourPlate identifies
or suspects is carrying a virus or spam is isolated in a special
Quarantine area. For viruses, the sender is automatically notified
together with your email postmaster. For incoming virus emails
the recipient will be also notified. |
| A2.8 |
Encrypted emails (including password
protected documents) and some types of compressed attachments
are not scanned. |
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| A3. |
Open Relay |
| A3.1 |
Clients whose mail system allows
open relay will not be accepted as a user of the Service. Corpex
will check that the Client mail server does not allow open relay.
If a Client's site is found to allow open relay, Corpex reserves
the right to suspend all or part of the Service immediately
and until the problem has been resolved. |
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| A4. |
Releasing emails in spam quarantine |
| A4.1 |
Emails held in Quarantine can be
released into your Inbox by a user or email administrator using
the ArmourPlate Web Interface. |
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| A5. |
Releasing a virus-infected email
|
| A5.1 |
Infected emails can be forwarded
to your email postmaster on receipt of a Virus Release Authority
by Corpex. |
| A5.2 |
At the sole discretion of Corpex,
an infected email can be released at your request to a third
party on receipt of a Virus Release Authority from both you
and the third party. |
| A5.3 |
If a virus is released then the provisions
of clause 10.3 of the Agreement apply. |
| A5.4 |
Quarantined emails will be destroyed
automatically after 30 days. |
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| A6. |
ArmourView - Administration and
Reporting |
| A6.1 |
ArmourView allows you to view online
service statistics and management reports at any time. You can
easily identify any trends in email, spam and virus activity.
|
| A6.2 |
ArmourView online reporting
provides the following information:
- Email volume in and out, and patterns by week, month and
year, by user
- Full details of any quarantined virus or suspected virus
activity by individual user
- Weekly reports
|
| A6.3 |
ArmourView is only accessible via
a secure password protected login, provided to your email postmaster.
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| A7. |
Client Service and Technical Support
|
| A7.1 |
ArmourPlate is supported by a dedicated
team based at the Corpex data centre in central London. |
| A7.2 |
The operation of ArmourPlate is monitored
24x7x365. |
| A7.3 |
Client Service and Technical Support
are available to help you via phone or email from 9am until
6pm Monday to Friday. |
| A7.4 |
If you have a particular need for
24 hour support, this can be arranged. |
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| Appendix B to the
Agreement |
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| ArmourPlate Service
Level Statement |
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| B1 |
Corpex pro-actively manages the Service
365 days per year, 7 days per week, 24 hours per day. |
| B2 |
To ensure the specified levels of
service are provided at all times, Corpex reserves the right,
without notice, to add or upgrade its hardware and/or software
at any time. |
| B3 |
In the case of a major breakout of
a new virus, an alert message will be posted on Insight as soon
as possible and in any case within one hour of Corpex first
logging the virus. |
| B4 |
The average scanning
time for each Anti Spam and Anti Virus scanning process is 1.2
seconds, based on processing an average email under normal operating
circumstances. |
| B5 |
As a guide to the level of service
to be expected: typically the maximum processing time including
inbound mail queuing, routing and scanning to first outbound
delivery attempt is 30 seconds. However, email traffic flow
can vary considerably in any given time period for reasons beyond
the control of Corpex. For this reason, Corpex cannot guarantee
service levels. |
| B6 |
If an incident occurs where the Service
performance is likely to fall below the indicated levels, Corpex
will inform the affected party as soon as possible and in any
case within one hour of the incident being logged. |
| B7 |
Corpex will respond to Client Service
enquiries based upon the following priority targets. |
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| Priority |
Issue |
Target Response Time
|
| High |
Loss of Service |
95% of calls responded to
within 2 working hours |
| Medium |
Service impairment |
85% of calls responded to
within 3 working hours |
| Low |
Potentially Service affecting
or requests for information |
75% of calls responded to
within 4 hours |
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| B8 |
Orders- upon receipt of a
valid order and all information required, Corpex aims to commence
provision of the Service within 72 hours. |
| B9 |
Quarantined virus emails -
Upon receipt of a valid Virus Release Authority, the related
virus-infected email will be released within 4 working hours.
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TERMS
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