Ownership and Use of Services
Trans2 Performance Ltd owns and retains all rights to the content and services provided to “The Client’. Only the persons named against the number of users stipulated will be granted access. Each user will be issued a unique password, which may not be shared. All Trans2 Performance Ltd content can be downloaded and or used by ‘The Client’ for internal purposes, but never distributed or displayed in the public domain or anywhere outside of ‘The Client’ organisation.
Confidentiality, None Disclosure
Trans2 Performance Ltd agrees to keep confidential any client-specific information communicated by the client to Trans2 Performance Ltd whilst engaging via the services in this service agreement. Trans2 Performance Ltd agree to keep any documentation provided by “The Client’ entirely confidential, and expect that any such documents will be clearly marked as Confidential. This obligation of confidentiality shall not apply to any information that: (1) Is in the public domain at the time of its communication: (2) Entered the public domain through no fault of Trans2 Performance Ltd.
Disclaimer of All Other Warranties
All Trans2 Performance Ltd services are provided on an “as is” basis, and Trans2 Performance Ltd expressly disclaims all warranties, express or implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, and warranties as to accuracy, completeness or adequacy of information. ‘The Client’ recognises the uncertainties inherent in any analysis or information that may be provided as part of the services, and acknowledges that the services are not a substitute for its own independent evaluation and analysis and should not be considered a recommendation to pursue any course of action.Trans2 Performance Ltd shall not be liable for any actions or decisions that ‘The Client’ may take based on the services or any information or data contained therein. ‘The Client’ understands that it assumes the entire risk with respect to the use of the services and the information, data and content which is provide.
In performing its obligations under this service agreement, Trans2 Performance Ltd and ‘The Client’ will each comply with the United Kingdom Data Protection Act 1998 and any subordinate legislation passed under that Act and with any other applicable data protection legislation. Without limitation to this, ‘The Client’ shall ensure that any disclosure of personal data, whether in relation to ‘The Clients’ employees or otherwise, made to Trans2 Performance Ltd by ‘The Client’ or on its behalf is made with the data subjects consent or is otherwise lawful. In so far as any disclosure relates to ‘The Clients’ own employee or subcontractor, ‘The Client’ shall notify that employee or subcontractor that Trans2 Performance Ltd and its associates may process that personal data: (a) in order to provide ‘The Client’ with the services, and that Trans2 Performance Ltd may disclose this data to third parties in so far as it is necessary to provide the services: and (b) from time to time to inform ‘The Client’ about other products or services which Trans2 Performance Ltd believe may be of interest to ‘The Client’, and that if any person does not wish to receive such information from Trans2 Performance Ltd, then they should contact firstname.lastname@example.org
In the event of a merger or acquisition this service agreement may not be transferred to another organisation or business entity, unless prior written consent is obtained and agreed by both parties.
This service agreement shall be governed by and construed in accordance with the laws of England.
Use of Name,Trademark and Logo
Absent the prior written consent of the other party, neither party shall use the name, trademarks, or logo of the other in promotional materials, publicity releases, advertising, or any other similar publications or communications.
No Third Party Beneficiaries
This service agreement is for the benefit of the named parties only.