1. Defined Terms
Administrator a Company Administrator or a Site Administrator, as applicable;
Applicable Laws and Regulations all laws, rules, regulations, guidance, voluntary code, or standards applicable to You or Premier Guarantee (as applicable) in relation to the provision or use of, or access to, the Extranet or the Online Services as may be applicable from time to time whether imposed by law or any regulatory body or other authority having authority over You or Premier Guarantee (as applicable);
(a) access the Extranet and use the Online Services; and
(b) grant, maintain, restrict and suspend access to the Extranet for Permitted Users working within the same organisation;
Equipment the computer, software, modem or telephone used by You to access the Extranet and the Online Services;
Hosting Services the hosting services Premier Guarantee provides to allow You to access the Extranet and use the Online Services;
Intellectual Property Rights all and any patents, designs, trademarks, service marks, trade names, logos, get-up, domain names, copyright, database rights, moral rights or know-how existing in the Extranet and/or the Online Services whether registered or not and including any applications for registration or similar forms of protection anywhere in the world;
Log In Details Your log in details required for You to access the Extranet and use the Online Services;
Loss any loss or liability, damages, costs, claims, expenses and/or any other damage howsoever arising whether directly or indirectly including but not limited to loss of business, loss of opportunity, loss of goodwill, loss of profit, loss of income or revenue, loss of anticipated savings, or loss of, damage to, or corruption of software or of data;
Extranet the secure website provided by Premier Guarantee which is accessible only by Permitted Users and which hosts the Online Services;
Premier Guarantee Premier Guarantee Surveyors is the trading name of MD Warranty Support Services Limited. Registered in England No: 04759193. Premier Guarantee is a trading name of MD Insurance Services Limited. Registered in England No: 03642459. MD Insurance Services Limited is the scheme administrator for the Premier Guarantee range of structural warranties. MD Insurance Services Limited is authorised and regulated by the Financial Conduct Authority;
Premier Guarantee Logo the Premier Guarantee logo including any words or images connected with it as it may appear from time to time on the Extranet;
Online Services those services provided by Premier Guarantee from time to time which are accessible via the Extranet;
Permitted User either:
(a) access the Extranet and use the Online Services; and
(b) grant access to the Extranet for Permitted Users so that said Permitted Users may collaborate on websites that the Site Administrator has access to and to maintain, restrict and suspend access to the Extranet for said Permitted Users;
Software the Software provided by Premier Guarantee or Premier Guarantee suppliers which enables You to access the Extranet and use the Online Services; and
You a Permitted User or Administrator (as applicable) accessing the Extranet and using the Online Services and “Your”shall have a corresponding meaning.
1.4 The expression “including” and similar expressions are not words of limitation.
2. Authority and Licence to Use the Online Services
2.5 Premier Guarantee does not warrant the accuracy, completeness or suitability for any particular purpose of any material accessible via the Extranet, nor does Premier Guarantee warrant that any such material will be up to date or regularly updated. Premier Guarantee may at any time and on any grounds decline access to the Extranet or any part of it, and/or suspend or withdraw the Extranet or any part of it, without notice. Premier Guarantee offers no guarantee for the continued availability of the Extranet, nor shall Premier Guarantee be liable for any consequences of not being able to access the Extranet.
2.6 Premier Guarantee reserves full rights of editorial control over the content of the Extranet and all material accessible via the Extranet and reserves the right in Premier Guarantee's absolute discretion to add, amend and/or delete any such material, at any time and without prior warning, whether the material is made available by Premier Guarantee or by You.
2.7 You acknowledge that the Extranet does not provide a document storage or back-up facility and that You should ensure that You retain back-up copies of all material uploaded to the Extranet.
2.8 Premier Guarantee makes no commitment to providing the Online Services for any set duration of time and may decide to suspend or withdraw the Online Services for any reason at any time. This will not affect any legal rights or obligations which may already have arisen.
3.1 Unless given access otherwise by Premier Guarantee, the Extranet and the Online Services are only available topersons who have a genuine business need to access the Extranet and use the Online Services.
3.2 if You are accessing the Extranet and using the Online Services as an Administrator, You undertake to Premier Guarantee that You:
(a) will treat Your Administrator Log In Details in the strictest of confidence and never disclose Your Administrator Log In Details to anyone else;
(b) will only grant access to the Extranet to a person if that person has a genuine business need to access the Extranet and make use of the Online Services;
(c) will ensure that You monitor on an ongoing basis who is set up as a Permitted User and that You suspend access promptly as soon as a Permitted User no longer has a business need to access the Extranet and use the Online Services;
(d) when requested to do so by Premier Guarantee, provide Premier Guarantee with such reasonable information in respect of access to the Extranet by Permitted Users set up by you; and
(e) will suspend access for any Permitted User with immediate effect if requested to do so by Premier Guarantee.
3.3 if You are accessing the Extranet and using the Online Services as a Company Administrator, You further undertake to Premier Guarantee that You:
(a) will communicate Your role as Company Administrator to those within Your organisation;
(b) will notify Premier Guarantee immediately by email to email@example.com You cease to work for Your organisation;
(c) will suspend, with immediate effect, access for a Permitted User upon said Permitted User leaving Your organisation and sooner if You believe that said Permitted User no longer has a genuine business need to access the Extranet and use the Online Services.
3.4 Premier Guarantee reserves the right to change, suspend or withdraw Administrator access to the Extranet or the Online Services at any time if it has concerns over how an account is being used. If such action is necessary Premier Guarantee will endeavour to give You prior notice but cannot guarantee that circumstances will allow this.
3.5 Premier Guarantee makes no representation or warranty, express or implied regarding the efficiency, quality or accuracy of the Administrator facility, nor whether the Administrator facility will achieve the intended purpose. Premier Guarantee will not be liable for any Loss that may result from Your use of the Administrator facility or from access to information by means of the Administrator facility, any use of the Administrator facility and its consequences being at Your sole risk.
4. Use of Online Services
4.1 Technological changes from time to time may make Your Equipment obsolete or otherwise unsuitable to be used to access the Extranet or use the Online Services. You will be solely responsible for providing, updating, or replacing any part of the Equipment and for any telecommunication and other related costs. Premier Guarantee makes no warranty as to the suitability or otherwise of the Equipment, which is Your responsibility alone. Premier Guarantee reserves the right to change the Online Services at any time. This may require You to have to update or replace the Equipment.
4.2 If You experience any difficulty accessing the Extranet or using the Online Services, please contact Premier Guarantee using the email address firstname.lastname@example.org.
4.3 You may copy electronically and print such information as You access via the Online Services provided You have a genuine business need to have a record of such information.
4.4 It will be Your responsibility to carry out virus checks on any software You use to access the Online Services. In addition, You are solely responsible for checking for viruses and malware in any files that You upload to or download from the Extranet. Premier Guarantee accepts no liability for any loss or damage caused by any such viruses or malware.
4.5 You are not authorised to post on or transmit to or from the Extranet any unlawful, threatening, offensive, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law.
5. Intellectual Property
5.1 All Intellectual Property Rights in the Premier Guarantee Logo belong to Premier Guarantee absolutely.
5.2 Nothing in the access to the Extranet and/or the use of the Online Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Premier Guarantee Logo without Premier Guarantee’s prior written permission. The name of Premier Guarantee or the Premier Guarantee Logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Extranet, without the prior written permission of Premier Guarantee.
5.4 You hereby grant a licence to Premier Guarantee in respect of all material uploaded to the Extranet by You and You agree to indemnify and hold Premier Guarantee harmless against all claims, demands, actions, costs and expenses which Premier Guarantee and/or any of its subsidiaries may incur as a result of any third party claim that the use by Premier Guarantee of any such material infringes that third party's Intellectual Property Rights and/or other rights.
5.5 If any third party trademarks and service marks are referred to on the Extranet, such marks are the property of their identified owners.
5.6 The Extranet may include links to websites and/or services owned and/or operated by other companies, including trusted third parties. These are provided for Your convenience only. Premier Guarantee is not responsible for and does not give any warranties or make any representations regarding any such websites and/or services.
5.7 Premier Guarantee reserves the right to terminate a link to a third party service or website at any time. The fact that Premier Guarantee may provide a link to a third party service or website does not necessarily mean that Premier Guarantee endorses, authorises or sponsors that website, or that Premier Guarantee is affiliated with the third party owners or sponsors.
5.8 You may print a copy of the information contained herein solely for business use. Subject to the provisions of clause 4.3, You may not copy, publish, distribute, reproduce and/or create any derivative works from the information on the Extranet. You may not redeliver any of the content or the pages, text, images or the content of the Extranet using “framing” or similar technology.
6.1 To access the Extranet and use the Online Services, You will require Log In Details.
6.2 You must:
(a) treat Your Log In Details in the strictest of confidence and not disclose Your Log In Details to anyone else other than Premier Guarantee;
(b) if You have reason to believe Your Log In Details may be known to someone else or if You think there has been any unauthorised access to the Extranet using Your Log In Details then You must immediately:
1. change Your password; and
2. notify Premier Guarantee by sending an email to email@example.com by contacting us by telephone using such contact number as may be shown from time to time on Premier Guarantee’s website at premierguarantee.co.uk; and
(c) not let anyone else access the Extranet using Your Log In Details.
6.3 You will indemnify Premier Guarantee for any Losses which may be suffered by Premier Guarantee arising from any failure by You to comply with this clause 6.
6.4 Premier Guarantee shall not be liable to You or any third party in the event of any unauthorised access being gained to Your account a result of Your failure to comply with this clause 6.
6.6 At its sole discretion, Premier Guarantee may bar the use of Your Log In Details from time to time due to security or other concerns or for general administration purposes. Premier Guarantee will endeavour to inform You as soon as reasonably possible of any such action.
6.7 As part of the security processes for access to the Extranet and use of the Online Services, encryption technology will be used.
6.8 The Online Services are a discretionary service made available to You by Premier Guarantee. Premier Guarantee will not be liable to You for any Loss You suffer as a result of not being able to access the Extranet or the Online Services.
6.9 You acknowledge, understand and agree that use of the internet might not be secure, and You accept the risk that unauthorised persons might be able to intercept or access information transmitted through the internet. Any emails sent by Premier Guarantee to You via the Extranet may not be secure and Premier Guarantee does not guarantee that any such email will remain private or unaltered.
7. The Services Premier Guarantee Provides
7.1 You should check any information You access via the Online Services and notify Premier Guarantee using the email address firstname.lastname@example.org as soon as possible if You believe You have become aware of any errors in the information You have accessed.
7.2 You must notify Premier Guarantee immediately if You experience any failure, delay or error in the Online Services.
7.3 You acknowledge that:
(a) no information accessed via the Extranet constitutes advice and that You will not treat any of the content of the Extranet and/or the Online Services as such;
(b) some of the information which may be referred to on the Extranet and/or in the Online Services from time to time may not be tailored for individual use and may not be suitable for You or any third party; and
(c) Premier Guarantee accepts no responsibility for Your compliance with any Applicable Laws and Regulations and at no time are You permitted to rely upon any information provided on the Extranet and/or in the Online Services as fulfilling any responsibility You have for compliance with Applicable Laws and Regulations.
7.4 Premier Guarantee may provide You with a number of tools on the Extranet. Premier Guarantee does not accept any responsibility for any action You may take as a result of using these facilities.
8. Confidentiality and Personal Data
8.1 In using the Online Services, You must ensure that You have the right to disclose any personal information disclosed by You to Premier Guarantee. It is Your responsibility to ensure that in using the Online Services, You apply the same standards of privacy and confidentiality to any copies of such information which You access or print from the Extranet as You would ordinarily apply in Your organisation to any such personal information.
8.2 In providing the Online Services, Premier Guarantee may process personal information provided by and/or about You. Any such processing will be necessary for the purpose of providing the Online Services. Access log in information (such as the identity of the individual who has logged in and the activity performed) and an audit of data changes may also be processed. By using the Online Services, You consent to such processing and You warrant that all data provided by You is current and accurate.
8.3 Premier Guarantee may disclose Your personal information to Premier Guarantee’s suppliers where this is necessary for them to assist Premier Guarantee in its provision of the Online Services. Premier Guarantee will retain any such personal data for as long as necessary to meet its legal and regulatory obligations.
10.1 Premier Guarantee makes no warranty or representation that the Extranet and the Online Services can be accessed at all times. The Online Services may be temporarily unavailable or restricted for administrative or other reasons and Premier Guarantee does not accept any responsibility and will not be liable for any Loss You suffer arising out of or in connection with loss of use of the Extranet or the Online Services.
10.2 Maintenance of the Extranet and the Online Services may be performed at any time but Premier Guarantee will endeavour to conduct such maintenance outside business hours.
10.3 You acknowledge that Your uninterrupted access to the Extranet and use of the Online Services may also be prevented by certain factors outside Premier Guarantee’s direct control (a “Service Disruption Event”) including the failure, inefficiency or unsuitability of Your Equipment, default by Your internet service provider and the unavailability, failure or interruption of the Internet.
10.4 Premier Guarantee does not accept any responsibility and will not be liable for any Loss arising out of or in connection with any Service Disruption Event.
10.5 The Extranet and the Online Services are provided “as is” and Premier Guarantee does not warrant or guarantee that the Extranet and the Online Services are error or virus free or free of other harmful components.
10.6 Premier Guarantee does not accept any responsibility and will not be liable for the inaccuracy or incompleteness of any information received by You or by Premier Guarantee through the Online Services which arises out of or in connection with data transmission or Your Equipment not meeting appropriate technological requirements.
10.7 You take full responsibility for all information provided to Premier Guarantee and Premier Guarantee will not be liable to You for any Loss which originates from inaccurate information provided by You.
10.8 Premier Guarantee shall not be responsible for any damage to Your Equipment or other property which results from Your accessing the Extranet or using the Online Services.
10.9 Premier Guarantee will not be liable to You for any Loss You may suffer as a result of or in relation to Your accessing the Online Services or the Extranet unless such Loss is caused by Premier Guarantee’s negligence or wilful default.
12. Governing Law and Dispute Resolution