Terms of Service

TERMS OF SERVICE & PRIVACY POLICY

Welcome to Electricalcertificates.co.uk, Cobweb (IS) Ltd owns and controls www.electricalcertificates.co.uk. We provide services to the users of the service subject to the following Terms of Service (“TOS”).

EDIS CENTRAL TERMS AND CONDITIONS

Table of Contents

INTRODUCTION

The Electricalcertificates.co.uk is a hosted internet service. This service (henceforth known as “The Service”) provides an internet-based system (henceforth known as “The Site”) to manage the data associated with a building’s electrical distribution; this includes the data and information required in Appendix 6 British Standard 7671.

The Service provides a computer system accessible and useable via the Internet. The infrastructure, in the form of computer applications, computers, computer disk storage and the associated connectivity to the Internet is provided and maintained by Electricalcertificates.co.uk as part of The Service.

By registering, the individual or the organization identified as the Subscribing Organization and its authorized users who have each recorded their details on the site (“Users”) will have access to the applications related to the service.

Electricalcertificates.co.uk provides services to the Users expressly subject to these Terms of Service, which we may update at any time with or without notice. The Subscribing Organization and The Users can review the current version at http://www.Electricalcertificates.co.uk/tos.php.

THESE TERMS GIVE THE SUBSCRIBING ORGANIZATION, THE USERS AND ELECTRICALCERTIFICATES.CO.UK CERTAIN RIGHTS AND RESPONSIBILITIES. IN THE EVENT OF ANY CHANGE TO THESE TERMS, THE SUBSCRIBING ORGANIZATION’S OR MEMBER’S FAILURE TO PROMPTLY DISCONTINUE USE OF THE SITE AND SERVICES WILL BE DEEMED TO INDICATE ITS ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY SUCH CHANGES.

BY COMPLETING THE REGISTRATION PROCESS OR FORM AND PAYING THE INITIAL SUBSCRIPTION, THE SUBSCRIBING ORGANIZATION AND EACH MEMBER: (A) MAKE THE REPRESENTATIONS IN SECTION 17, (B) ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ANY SUCH CHANGED PROVISIONS, WITHOUT LIMITATION OR QUALIFICATION, (C) AGREE TO REGULARLY REVIEW THESE TERMS TO ENSURE THAT THEY ARE INFORMED OF ALL SUCH MODIFICATIONS AND ADHERE TO THEM, AND (D) AGREE THAT IT IS THEIR SOLE RESPONSIBILITY TO ENSURE THAT THE E-MAIL ADDRESSES FOR BUILDING ADMINISTRATOR(S) ON THE SITE AND THE SITE REGISTRATION ARE LEGITIMATE AND CORRECT, TO PROMPTLY UPDATE ALL SUCH E-MAIL ADDRESSES, AND TO CHECK MESSAGES TO SUCH ADDRESSES FREQUENTLY IN ORDER TO TIMELY REVIEW ANY NOTICES RECEIVED FROM ELECTRICALCERTIFICATES.CO.UK. SPECIFICALLY NOTICES RELATING TO THE CHANGES IN TERMS OF SERVICE WHICH WILL BE SENT TO THE SUBSCRIBING ORGANISATION’S EMAIL ADDRESS IF ANY CHANGES ARE MADE.

REGISTRATION; BILLING INFORMATION; BUILDING ADMINISTRATORS

To establish access to the Electricalcertificates.co.uk Service, the Subscribing Organization must complete  the registration process. To become a User, an individual must be specifically identified to the Subscribing Organization, obtain its specific permission to access the same, and update their personal details form. The person who completes the initial registration will be the Estate Administrator for their buildings, and will exercise certain options to initially determine the level of privacy and security for the Site. For example, s/he will create, appoint or approve Building Administrators. Each Building Administrator in will in turn approve User rights for access to the buildings’ data.

Upon becoming a Building Administrator, each person will be deemed to agree to the obligations of a Building Administrator hereunder. All notices from Electricalcertificates.co.uk to the Subscribing Organization will be given to the current Building Administrator(s) at the e-mail address(es) appearing on the Site.. In addition, all notices and information sent by Electricalcertificates.co.uk to Users will be sent to their individual addresses.

In its sole discretion, Electricalcertificates.co.uk will determine the timing, nature, and content of all communications with Estate Administrators, Building Administrators and Users.

REGISTRATION CODE; PASSWORD; SECURITY

Upon registration, the Subscribing Organization will be assigned a Super Building Administrator User Name and a password, the password will be changeable by the Super Building Administrator, to ensure appropriate security.

It is the responsibility of the Estate Administrator, Building Administrator and the Users to change their passwords, as this will ensure the integrity of their data.

It is the responsibility of the  Building Administrator(s) to monitor and update their site membership. Electricalcertificates.co.uk will not be responsible for deleting site member records, nor will it do so if requested.

PRIVACY POLICY

Electricalcertificates.co.uk respects the privacy of its Subscribing Organizations and Users. This Privacy Statement forms part of these Terms.

Our detailed Privacy Policy is here.

In summary our Privacy Policy includes:

  1. We will collect only the information required to run the service effectively and efficiently, no extraneous information will be requested or stored.
  2. On termination of the Subscribing Organisation’s use of the Service all information relating to the Subscribing Organisation will be held for 5 years. In order to ensure continuity of the service if requested by the Subscribing Organisation.
  3. No information collected on this site will be used, shared or distributed to any third party without the approval of the Subscribing Organisation and Users related to that of the information. Specifically, the information will not be made available to any other party without the approval of the Subscribing Organisation or its Users.
  4. Your information will be disclosed where we are obliged by law.
  5. Your information may be used to allow us to contact you for “service administration purposes”, this means that we may contact you for a number of purposes related to the Service, e.g. we may wish to provide you with password reminders or notify you that the particular service has been suspended for maintenance, or notifying you of changes to the service.
  6. GDPR (General Data Protection Regulations) aim to give citizens more control over their personal data.  The EDIS service holds only the minimum required information about users: name, organisation, role and corporate email, physical address and  telephone numbers are optional.  No other personal information is held.  This information is only used to facilitate the provision of the service and to support the users in using the system.  All automated system initiated communications with the user are solely for the purpose of informing the user of the status data relating to them. 

TERMINATION IN CASE OF MIS-USE OR ABUSE

  1. Electricalcertificates.co.uk, in its sole discretion, may terminate all or any part of the Services, if

    (a) Electricalcertificates.co.uk believes that the Subscribing Organization or a user has violated or is threatening to violate these Terms or other policy of Electricalcertificates.co.uk, its Third Party Providers or applicable law, has misused or is threatening to misuse the Services, or has conducted or is threatening to conduct any fraudulent or illegal activity,

    (b) Electricalcertificates.co.uk believes that the Subscribing Organization or any of its Users has accessed or is attempting to access any part of the Services or Content without authorization, or the Site, or Registration, Site or Personal Information of any other Subscribing Organization.

    A Termination described in Section (a) or (b) above may be made with or without notice and will be effective immediately. In the event of Termination, electricalcertificates.co.uk may remove and/or permanently delete from its servers all of the Subscribing Organization’s and its Users’ Site Information, Registration Information and Personal Information and all backup copies.

    If the Subscribing Organization wishes to terminate its use of the Services, it must notify Electricalcertificates.co.uk by sending an email to: suport@electricalcertificates.co.uk.

ACCESS TO SERVICES; SUPPORT; THIRD PARTY PROVIDERS; RIGHTS

Cobweb (IS) Ltd will make commercially reasonable efforts to ensure that the quality of the service we provide is of at least prevailing industry standards, and that access to the Site is available on a 24 x 7 basis. However, although Electricalcertificates.co.uk will use all reasonable efforts in good faith to avoid interruption of the Service, the Subscribing Organization acknowledges and agrees that access to the Services, Site and Site Information may be unavailable from time to time for any reason, including without limitation, interruption of major network connectivity, network and server outages, and backup and regular maintenance by Cobweb (IS) Ltd and any operators of our servers.

We offer free and fee-based support alternatives. These include free online help, and free email support for all Users.

To use the Services, the Subscribing Organization and its Users must obtain and pay any fees for access to the Internet and provide all equipment necessary to make such connection, including a computer and modem or other access devices. The Subscribing Organization and the Users may access the Service only by means of the interface provided by Electricalcertificates.co.uk. Although the Services and Site are generally accessible worldwide, access may not be available to all persons or in all locations.

The Subscribing Organization and the Users will respect all proprietary rights of Electricalcertificates.co.uk and its Third Party Providers in and to the Content, Site Name, Services, and Site, any products or other services obtained therefrom.

FEES

During completion of the site subscription, one person is designated as the responsible contact for purposes of billing and payment of fees (the “Billing Contact”). The Billing Contact is not personally liable for the site fees, nor are individual Users. The obligation to pay fees rests with the Subscribing Organization. The Billing Contact may, however elect to furnish a personal credit card for the purpose of paying site fees in which case the furnishing of such information is considered his/her authorization for Electricalcertificates.co.uk to use the card for any and payments related to the site.

Electricalcertificates.co.uk may, in its sole discretion, discontinue service until such time as the payments are brought current. All fees are payable in Pounds Sterling.

Fees will be assessed based upon Number of Distribution Boards as of the billing date, generally the first calendar day of each month.

Deletion of User records must be done by a Building Administrator. .

Cancellation may be made at any time by any Estate Administrator through an e-mail instruction from either a Estate Administrator e-mail account  as contained on the Site. Cancellation requests must be addressed to support@Electricalcertificates.co.uk. Any cancellation will take effect, for billing purposes, as of the last day of the calendar month in which the cancellation request is received by Electricalcertificates.co.uk. Upon receipt of a valid cancellation request, Electricalcertificates.co.uk may deactivate the Site at any time.

Electricalcertificates.co.uk reserves the right to increase the fees it charges for access by the Subscribing Organization, provided, however, that Electricalcertificates.co.uk will provide no less than thirty (30) days advance notice to existing Subscribers of its intention to do so.

Fees for other services, including but not limited data migration, implementation consulting will also charged in accordance with the prices in effect at the time of purchase, or renewal.

ANTI-SPAM POLICY

Electricalcertificates.co.uk does not condone or allow spam. The Subscribing Organization and its Users may not use the Services, Content, Electricalcertificates.co.uk name or servers, the Site Info rmation or the Sites to email or otherwise transmit, distribute, publish or disseminate any unsolicited advertising, survey, promotional materials, “junk email,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or duplicative or unsolicited messages (commercial or otherwise) with respect to the Sites, Site Info rmation or any other business, product or service, and may not use the Site Name as the return address on any unsolicited communication. Without limitation, Subscribing Organizations and Users may not use the “Invite Others to This Site” feature of the Services to send e-mail communications to a prospective Member unless they have a reasonable basis to believe that the recipient will want to become a User. We encourage Subscription organizations and their Users to help us enforce this policy. To report a violation, contact us at support@Electricalcertificates.co.uk.

BACKUP

Electricalcertificates.co.uk regularly backs up Site Information stored on the Site, and stores the same for a limited time. Subject to the Subscribing Organization’s request and payment of the then-current fee, we will make reasonable efforts to restore Site Information. Electricalcertificates.co.uk will have no liability for any failure to back up or restore such Site Info rmation, or for interruptions, delay or suspension of access to or unavailability of Site, Registration or Personal Info rmation, or any loss of such Info rmation, data or transmissions.

WARRANTY INFORMATION AND DISCLAIMERS

THE SERVICES, CONTENT, SITE, THIS WEBSITE, LINKED SITES, SERVERS, STORAGE FACILITIES, AND ALL INFORMATION, SERVICE AND PRODUCTS ADVERTISED, PURCHASED, OBTAINED OR ACCESSED THROUGH THEM OR ANY THIRD PARTY PROVIDER (COLLECTIVELY, THE “MATERIALS”) ARE PROVIDED “AS AVAILABLE” AND WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, COBWEB (IS) LTD EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO (A) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, (B) ANY WARRANTIES THAT THE MATERIALS WILL MEET THE SUBSCRIBING ORGANIZATION’S OR USERS REQUIREMENTS OR EXPECTATIONS, OR WILL BE RELIABLE, TIMELY, QUICK, CONSISTENT, SECURE, COMPLETE OR FREE OF ERRORS, INACCURACIES, INTERRUPTIONS, VIRUSES OR OTHER HARMFUL COMPONENTS, OR (C) ANY WARRANTIES CONCERNING THE USE OR THE RESULTS OF USE OF ANY OF THE MATERIALS.

THE SUBSCRIBING ORGANIZATION ASSUMES TOTAL RESPONSIBILITY AND RISK FOR ITS AND USERS’ USE OF THE MATERIALS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL COBWEB (IS) LTD BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) PERFORMANCE, USE, INABILITY TO USE, MISUSE OR PROVISION OF THE MATERIALS, OR ANY FAILURE, DELAY, INTERRUPTION, SUSPENSION, CHANGES OR TERMINATION THEREOF, OR THE COST OF PROCURING SUBSTITUTES THEREFOR, (B) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT OR INFORMATION IN THE MATERIALS, (C) FAILURE TO BACKUP OR STORE, LOSS OF ACCESS, DELETION OR UNAUTHORIZED ACCESS TO OR ALTERATION OR USE OF THE MATERIALS OR THE SUBSCRIBING ORGANIZATION’S OR USERS’ TRANSMISSIONS, DATA, OR PERSONAL, REGISTRATION OR SITE INFORMATION, (D) ANY LOSS OR INTERRUPTION OF DATA, TRANSMISSIONS OR PERSONAL, REGISTRATION OR SITE INFORMATION RESULTING FROM NETWORK, SERVER OR SYSTEM OUTAGES, FILE CORRUPTION OR ANY OTHER REASON, (E) ANY INFRINGEMENT OF RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS), (F) STATEMENTS OR CONDUCT OF ANY PARTY USING THE MATERIALS, OR (G) ORDER FULFILLMENT, CUSTOMER SERVICE, BILLING OR ACCOUNT COLLECTION BY A THIRD PARTY PROVIDER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ELECTRICALCERTIFICATES.CO.UK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SUBSCRIBING ORGANIZATION’S AND USERS SOLE REMEDY IS TO DISCONTINUE THE USE OF THIS WEBSITE, THE SITE AND THE SERVICES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, CONDITIONS AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO THE SUBSCRIBING ORGANIZATION AND/OR USERS.

INDEMNITY

The Subscribing Organization and Users agree, to the extent allowed under English law, to indemnify and hold Cobweb (IS) Ltd, its parents, subsidiaries, affiliates, officers, employees, sponsors and partners harmless from any claim, loss, cost, expense, demand, or damage, including reasonable attorneys’ fees, arising directly or indirectly out of (a) the Subscribing Organization’s or Users use of or connection to the Services, this Website, the Site, or the Materials, (b) Site Information or other information transmitted or stored by the Subscribing Organization or its Users through or on the Site or the Services, (c) activities in connection therewith, or (d) the Subscribing Organization’s or Users breach of this Agreement or violation of the rights of any other party.

PROPRIETARY RIGHTS

The Services, this Website, and all Content, and all trademarks, including but not limited to all material distributed or presented to the Subscribing Organization or Users through the Services by Electricalcertificates.co.uk or its Third Party Providers or on the Linked Sites, and all rights and intellectual property rights therein, are the sole property of Cobweb (IS) Ltd, or its Third Party Providers, and are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Any comments, suggestions or ideas or other information submitted to Cobweb (IS) Ltd through this Website, in writing, by e-mail or otherwise to Cobweb (IS) Ltd will be the property of Cobweb (IS) Ltd and Electricalcertificates.co.uk will have all rights therein without any obligation to compensate the Subscribing Organization or Users. All Site Information will remain the sole property of the Subscribing Organization, Users or any party with rights therein. Any rights not expressly granted herein are reserved.

MISCELLANEOUS

The Subscribing Organization agrees that no joint venture, partnership, employment, or agency relationship exists between the Subscribing Organization or Users and Cobweb (IS) Ltd as a result of these Terms or use of or access to the Services, Content or Site. These Terms and the relationship among the Subscribing Organization, its Users and Cobweb (IS) Ltd are governed by and construed in accordance with the laws of England without regard to conflict of law provisions. The Subscribing Organization and Users hereby consent to the personal and exclusive jurisdiction in all disputes arising hereunder or out of or relating to the use of or access to the Services, Content or Site, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

Use of or access to the Services, Content and Site is not authorized in any jurisdiction that does not give effect to all provisions of these Terms. If any part of these Terms is determined by a court to be invalid, unenforceable or contrary to applicable law, then such provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the other provisions of these Terms will remain in force and effect.

These Terms incorporate by reference all notices and policies contained on this Website, and constitute the entire agreement between the Subscribing Organization, Users and Electricalcertificates.co.uk with respect to this Website, the Services, Content and Site, and supersede all prior or contemporaneous communications, whether electronic, oral or written, between the Subscribing Organization, Users and Cobweb (IS) Ltd with respect to this Website, the Services, Content and Site. Any failure of Electricalcertificates.co.uk to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. The Subscribing Organization and Cobweb (IS) Ltd agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or the Services, Content or Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

REPRESENTATIONS OF SUBSCRIBING ORGANIZATION

By registering and accepting these Terms, the initial Estate Administrator on behalf of the Subscribing Organization and all Users, and each User on its individual behalf, hereby represents and warrants to Cobweb (IS) Ltd that: a. s/he is the duly authorized Estate Administrator or Member of the Subscribing Organization and has the authority and legal capacity to register and accept these Terms on behalf of the Subscribing Organization and to bind the Subscribing Organization thereto, and/or to register and accept the same on his/her own behalf and to be bound thereby;

(i) the Subscribing Organization and Users accept and agree to be bound by these Terms, and the Subscribing Organization will take all steps necessary to ensure that its Users so accept and are bound by the same, without limitation or qualification, and (ii) the Subscribing Organization and Users will regularly review these Terms, and in the event of any change, the Subscribing Organization’s or User’s failure to promptly discontinue use of the Services and Site as provided in Section 4 hereof will be deemed to indicate the agreement of the Subscribing Organization,and Users to accept and be bound by such changes.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT, DATA PROTECTION ACT REQUIREMENTS, OR ANY OTHER CLAIM.

Notifications of claimed copyright infringement should be sent to Cobweb (IS) Ltd , support@Electricalcertificates.co.uk. All contents of this Website are the property of Cobweb (IS) Ltd . and/or its suppliers. Copyright © 2005-2014 Cobweb (IS) Ltd, Ltd. All Rights Reserved.

EDIS MOBILE- TERMS AND CONDITIONS

Cobweb (IS) Ltd owns and controls EDIS Local; Cobweb (IS) Ltd grants a license to users of EDIS Mobile for the downloading, installation and use of the EDIS Local application. Cobweb IS Ltd assumes no liability for data loss, inadequate, incorrect or technically wrong features or functions of EDIS Local when a user downloads, installs and uses the system. When downloading and using EDIS Local the user understands that there is no warranty implied or agreed upon regarding the performance, features and functionality of EDIS Local.

DATA STORED ON DEVELOPMENT AND QUALITY ASSURANCE SERVERS

The development servers do not use or contain live data, the data on these servers will be deleted periodically.

Our Quality Assurance servers are used for quality control and testing purposes, they do contain real data – we also use these as disaster recovery mechanism.  These data will be treated in the same way as the production system data.