Minimum Operating Environment

 

Workstations

 

User

Intel Pentium 4 Processor

512Mb RAM

2000MHz

Windows XP Professional Operating system

Microsoft Office 2003 or above for document production

Microsoft Office 2003 or above for spreadsheet production

Microsoft Internet Explorer Version 7, service packed up to date or above to be installed

 

N.B.  Please contact us for discussions on OCR server.

 

Internet Connection

 

Broadband ADSL Internet connection. Bandwidth is based on number of users.

 

Internal Network Connections

 

When Docuversal is to be used via an internal network, a router / firewall will be required in order to connect all users at to the same Internet connection. A print server may also be required to allow for central printing and the central storage of data that does not relate to the Docuversal system.

 

If any of the above is already installed within a firm, The Supplier reserve the right to audit it’s suitability for Docuversal. If any of these items are to be installed as part of the Docuversal project The Supplier must be consulted by the suppliers of these services in order to verify their suitability.

 

Anti Virus Protection

 

All Clients are responsible for their own virus protection scheme.  Many sites opt to put Firewalls in place but these do not replace the need for anti virus software.  Firms must also ensure that they are running the appropriate level of protection for the solution at their offices.

 

Please note all of the above only relates to the successful implementation and running of the Docuversal system. For advice and the minimum requirements needed for any other applications / services the practice wishes to install and run they should refer directly back to the supplier of these services

 

NB All information is correct at the time of publication.

 

Schedule C

 

Terms & Conditions of Provision of Service

 

IMPORTANT: The Customer's use of the Service (as defined below) and /or acceptance of these Terms and Conditions ('Conditions') constitute the Customer's agreement to be bound by these Conditions. These Conditions must be read in conjunction with the Acceptable Usage Policy which may be subject to change from time to time upon reasonable notice by The Supplier to the Customer. It is the Customer's responsibility to ensure that they comply with the latest edition of the Acceptable Usage Policy (AUP) in force at any given time.

 

 These Conditions, together with those of The Supplier AUP, explain the responsibilities of The Supplier to the Customer and the Customer's responsibilities to The Supplier and to other users of the Service ('Users'). The AUP in particular outlines what The Supplier considers to be unacceptable use of the Internet by our customers so that The Supplier can take appropriate steps against abusers of the Internet. The AUP is an integral part of these Conditions and, unless otherwise expressly stated, all references to Conditions include reference to the AUP.

 

Terms and conditions for The Supplier Hosting Services:

Definitions

Please note some terms used in these Conditions have a certain meaning:

'Access Line' means the telecommunications circuit that the Customer uses to obtain telecommunications services over the public switched telephone network at the Premises as notified by the Customer to The Supplier.

'Act' means the Telecommunications Act 1984; 'Agreement' means these Conditions together with the AUP.

'Carrier' means any supplier of telecommunications services to The Supplier for the Service.

'Commencement Date' means the date when the Customer first receives access to the Service.

'Confidential Information' means any information of a confidential nature obtained under or in connection with this Agreement.

'Customer' means the person who orders the Service and person shall be taken to include bodies corporate or unincorporated. The Supplier may accept instructions from another person who The Supplier reasonably believes is acting with the Customer's authority or knowledge.

‘Service’ means the provision of the Software and Hosting Services.

1           Provision of the Service

 

1.1            The Supplier will provide the Service to the Customer in accordance with the Conditions and with reasonable skill and care. It is technically impracticable to provide the Service free of faults and The Supplier does not undertake to do so.

 

1.2            The Supplier will use its reasonable endeavours to provide a prompt and continuing Service but will not be liable for any loss of data resulting from delays, non-deliveries, missed deliveries, or service interruptions caused by events beyond the control of The Supplier, or by errors or omissions of the Customer. 

 

1.3            The Supplier exclude all and any warranties and conditions of any kind, whether express or implied, in respect of any content or data obtained or downloaded from the Service or the accuracy of information received through it. 

 

1.4            To use the Service, the Customer needs to supply The Supplier with certain details. The Supplier will respect the privacy of this information and will comply with applicable data protection legislation in respect of it. 

 

1.5            The Customer acknowledges that the Service will depend upon the characteristics of the Customer's Access Line.

 

1.6            From time to time certain Points of Presence (PoPs), servers, or the whole or part of the network may be closed down for routine repair or maintenance work. The Supplier or its authorised representative shall give as much notice as in the circumstances is reasonable and The Supplier shall endeavour to carry out such works during the scheduled maintenance periods as published from time to time. 

 

1.7            The Supplier may occasionally have to interrupt the Service or change the technical specification of the Service for operational reasons or because of an emergency. The Supplier will give the Customer as much notice as possible of any planned interruption of the Customer's Service. In these circumstances The Customer shall have no claim against The Supplier for any such interruption. 

 

1.8            Except as otherwise expressly permitted in these Conditions, and in addition to other restrictions herein, the Customer may not: 

 

1.8.1            redistribute, encumber, sell rent, lease, sub-license, copy or use the Service or otherwise transfer rights to the use of the Service to any third party, whether in whole or in part; 

 

1.8.2            disclose Service features, errors or viruses to any third party without the prior written consent of The Supplier; 

 

1.8.3            use the Service except in conjunction with The Supplier recommended operating environment, notified by The Supplier; or 

 

1.8.4            modify the Service without The Supplier prior written consent. 

 

1.9            It is the Customer’s sole responsibility to maintain security over the identity of their passwords.

 

2           The Customer's Use of the Service

 

2.1            The Customer must NOT use the Service:

 

2.1.1            in a way that does not comply with the Conditions or any legislation or that is in any way unlawful or fraudulent; or 

 

2.1.2            in connection with the carrying out of a fraud or criminal offence; or 

 

2.1.3            to send, encourage the receipt of, upload, download, use or re-use any material which is abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights or which may contain viruses or other similar programs, or which could reasonably be expected to cause overloads to the The Supplier System; or 

 

2.1.4            to send or procure the sending of unsolicited advertising or promotional material; or

 

2.1.5            in a way that does not comply with any instructions given by The Supplier for reasons of health, safety or the quality of the Carrier's telecommunications services or The Supplier System; or 

 

2.1.6            to attempt to use the Service in a way that modifies, decompiles, translates, reverse engineers, reconfigures, disassembles or otherwise alter or attempt to modify or reconfigure the Service or any Equipment or Software or copy any manual or documentation relating to the Service except to the extent applicable law specifically prohibits such restrictions.

 

2.1.7            to distribute copies of the licensed programs or their documentation to others;

 

2.1.8            to rent, lease or grant its rights to the licensed programs;

 

2.1.9            to ship or transmit (directly or indirectly) any copies of the licensed programs or any technical data in the licensed programs or its media or any direct product thereof to any entity or country destination.

 

2.2            The Customer will co-operate with The Supplier reasonable requests for information regarding the Customer's use of the Service and supply such information without delay. 

 

2.3            The Customer warrants that as the registered user of the account, it will keep the username and password secure and not let them become public knowledge and that the password will not be stored anywhere on a computer in plain text. 

 

2.4            Use by others: The Customer acknowledges that The Supplier is unable to exercise control over the content of information passing over The Supplier’s network or via the Service, and The Supplier hereby excludes all liability of any kind for the transmission or reception of infringing information of whatever nature. 

 

3           Domain Names & Internet Protocol Addresses

 

3.1            The Customer confirms and warrants that it is the owner of, or that the Customer has been and is duly authorised by the owner to use, any trade mark or name requested or allocated as its domain name.

 

3.2            The Customer acknowledges that The Supplier cannot guarantee that any domain name the Customer requests will be available or approved for use. 

 

3.3            The Supplier has the right to require the Customer to select a replacement domain name and may suspend the relevant service associated with the domain name if, in the opinion of The Supplier, there are reasonable grounds for The Supplier to believe Customer's current choice of domain name is, or is likely to be, in breach of the provisions of this Agreement and law. 

 

3.4            If the Service includes the registration of an Internet domain name the Customer acknowledges and agrees that:

 

3.4.1            The Supplier does not represent, warrant or guarantee that any domain name applied for by the Customer or on its behalf will be registered in its requested name or is capable of being registered by it or that the use of such domain name by it will not infringe any third party rights. Accordingly, the Customer should take no action in respect of its requested domain name(s) until it has been notified that its requested domain name has been duly registered and The Supplier will not be liable for any such action taken by the Customer. 

 

3.4.2            The registration of the domain name and its ongoing use by the Customer is subject to the relevant naming authority's terms and conditions of use and the Customer undertakes to The Supplier that it will comply with such terms and conditions. The Customer hereby irrevocably waives any claims it may have against The Supplier in respect of any decision of a naming authority to refuse to register a domain name and, without limitation, the Customer acknowledges and agrees that any administration or other charge paid by the Customer in respect of the registration of the domain name is non-refundable in any event. 

 

3.4.3            The Supplier accepts no responsibility in respect of the use of a domain name by the Customer and any dispute between the Customer and any other individual or organisation regarding a domain name must be resolved between the parties concerned and The Supplier will take no part in any such dispute. The Supplier reserves the right on becoming aware of such a dispute concerning a domain name at its sole discretion and without giving any reason, to either suspend or cancel the relevant service associated with the domain name and/or to make such representations to the relevant naming authority as it deems appropriate. 

 

3.5            Any Internet Protocol address allocated by The Supplier to the Customer shall at all times remain the sole property of The Supplier and the Customer will have a non-transferable licence to use such address for the duration of this Agreement. If this Agreement is terminated for whatever reason, the Customer's licence to use the Internet Protocol address shall automatically terminate and thereafter it will not use such address. 

 

4           Breach of Conditions

 

4.1            The Supplier shall investigate any suspected or alleged breach of these Conditions or any suspected compromise to its network systems or security and in doing so The Supplier will act reasonably and fairly at all times. 

 

4.2            The Supplier reserve the right to take any action The Supplier deem appropriate and proportionate to the breach of the Conditions. 

 

4.3            If The Supplier decides that the Customer has breached the Conditions, The Supplier will use reasonable endeavours to ensure that the Customer is made aware of the breach without suspension or termination of the Service. However it may be necessary, due to the severity of the breach, to suspend the Service whilst details of the breach are investigated further. The Supplier reserve the right to suspend the Customers Account at its sole discretion without refund, and make an additional charge for all reasonable costs incurred due to investigating and dealing with the misuse and/or blocking access to any component(s) of the Service. 

 

4.4            Any breach of the obligations as set out in Clause 5.1 above shall entitle The Supplier to immediately suspend the Service to the Customer without notice.

 

5           Indemnity

 

5.1            The Customer agrees to indemnify and hold The Supplier harmless for all liabilities, loss, claims and expenses that may arise from (a) any breach of these Conditions by the Customer; and (b) any transmission or receipt of any content or message which the Customer has requested or made using the Service.

 

 

 

Acceptable Use Policy

 

 

IMPORTANT: you must comply with this Acceptable Use Policy (“Policy”) if you use our network or services.

 

REASON FOR THIS POLICY

 

While it is impossible to define exhaustively what constitutes “acceptable use” and “unacceptable use” or “abuse” of the internet, or of our network and services, this Policy gives examples of the types of use which we consider unacceptable.  Note that the fact that an activity is not specifically stated in this Policy to be unlawful or unacceptable, or otherwise in breach of this Policy, does not automatically mean that such activity complies with the Policy.

 

Our relationship with other networks, and accordingly our ability to connect to the rest of the internet, depends to a significant extent upon proper behaviour by our Customers.  We therefore cannot tolerate any behaviour by Customers which is detrimental to our equipment, network, or services, or indeed to our reputation.  Nor do we permit any such behaviour which has a negative impact upon other users of the internet.

 

It is crucial that when activity which might constitute abuse occurs, we are entitled to take appropriate action; otherwise we would lose the confidence of the wider internet community, which in turn would significantly reduce our Customers’ freedom to use the internet.

 

DEFINITIONS

 

In this Policy:-

 

“intellectual property rights” includes (without limitation) trade secrets, database rights, know-how, patents, copyrights, registered design rights, unregistered design rights, and trade marks, all whether recorded in any manner or otherwise, and including all applications for any rights which are registrable;

 

“we/us/our” refers to The Supplier Limited, a company incorporated in England (registered number 4362044), and having its registered office at Pracctice House, 216 Straight Mile Road, Rotherwas, Hereford HR2 6JP.

 

“you/your” refers to you, the person or company using our network or services.

 

1           GENERAL

 

1.1            Our network and services may be used for lawful purposes only and in compliance with all relevant legislation in force from time to time.  (You should be aware that the internet is a global communications network and what may be legal in the United Kingdom may be illegal elsewhere and render you liable to prosecution in another country).

 

1.2            You shall not use our network or services to send, receive or store any prohibited material.  “Prohibited material” means material which:-

 

1.2.1            violates any applicable law or regulation of any country in the world; or

 

1.2.2            is defamatory, threatening, malicious, offensive, abusive, indecent, blasphemous, obscene, or otherwise objectionable in any way, or in breach of confidence, privacy, trade secrets, or of any third party rights (including intellectual property rights).

 

1.3            You should be aware that the storage, distribution or transmission of unlawful materials could lead to civil liability or criminal prosecution, in addition to any action we may take, which is set out in section 3 below and in our Terms and Conditions of Provision of Service.

 

1.4            Examples of prohibited materials include (without limitation):-

 

1.4.1            any material which constitutes, or encourages the commission of, a criminal offence;

 

1.4.2            hardcore and child pornography;

 

1.4.3            programs containing viruses or Trojan horses or any tools designed to compromise the security of other websites;

 

1.4.4            material protected by intellectual property rights, and other proprietary material, if such materials are used without proper authorisation.

 

1.5            You shall not post, upload or otherwise distribute material protected by intellectual property rights on our servers without the consent of the owner of the intellectual property rights. 

 

1.6            Your traffic over the internet may cross other networks, or use other services which are not owned or operated by us.  You must abide by the acceptable use policies and other terms and conditions imposed by the operators of those networks and services.

 

2           VIOLATIONS OF SYSTEM OR NETWORK SECURITY

 

2.1            Any violation by you of systems or network security is prohibited, and may result in you incurring criminal or civil liability.  We shall investigate incidents involving such violations and will inform and co-operate with the relevant law enforcement organisations if we are requested by them to do so.

 

2.2            Violations may include, but are not limited to the following:-

 

2.2.1            unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network;

 

2.2.2            unauthorised monitoring of data or traffic on any network or system without express authorisation of the owner of the system or network;

 

2.2.3            Interfering with any user, host or network, including mailbombing (see definition at clause 4.2), flooding, and deliberate attempts to overload a system, and broadcast attacks.

 

3           EMAIL USE

 

3.1            You shall not send e-mail to any person who does not wish to receive it.  You must comply with any request that you stop sending e-mails to any person.

 

3.2            You shall not send, distribute or reply to mailbombs.  “Mailbombing” is defined as either e-mailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent.

 

3.3            You shall not use false e-mail headers or alter the headers of e-mail messages to conceal their e-mail address or to prevent internet users from responding to messages.  You shall not use any e-mail address that you have not been authorised to use.

 

3.4            Violations of the Policy can sometimes result in massive numbers of e-mail responses.  We reserve the right to shut down your account and terminate your agreement with us in accordance with our Terms and Conditions of Provision of Service if this occurs and adversely affects our resources, to the extent that it prevents us from providing a proper level of service to our Customers.

 

4           WORLD WIDE WEB USAGE

 

4.1            “Web usage” includes the use of web hosting on our dedicated servers.

 

4.2            We cannot and do not proactively monitor content on any data maintained by you (as part of web-hosting services), and we cannot and do not guarantee that such sites are free of illegal content or other materials that may be considered unacceptable by any person.

 

4.3            You undertake sole responsibility for any data owned or operated by you, hosted on our servers.  You shall accordingly ensure that all data hosted by us does not infringe any third party rights, including intellectual property rights, and shall bear sole responsibility for any dispute in this connection.

 

5           COMPLAINTS

 

5.1            We have in place a procedure for handling your complaints about material stored and/or accessed via our services, or about the behaviour of other users of our services.  If you wish to make such a complaint, please ensure that you do so by e-mail to abuse@webenabledsoftware.com.

 

6           INVESTIGATION

 

6.1            We reserve the right to investigate suspected violations of this Policy.  When doing so we shall endeavour to act reasonably and fairly at all times.

 

6.2            An investigation may include gathering information from the user involved and the complaining party, if any, and examination of material on our servers.

 

6.3            During an investigation, we may (without prejudice to any other rights we may have in our Terms and Conditions of Provision of Service, or elsewhere) suspend the account involved, and/or remove the material involved from our servers.  Such action may include temporary or permanent removal of material from our servers, warnings to the user responsible, and the suspension or termination of the account responsible, in accordance with the Terms and Conditions of Provision of Service.  We will determine what action will be taken in response to a violation on a case-by-case basis.

 

7           ACTION WE MAY TAKE IF YOU BREACH THIS POLICY

 

7.1            If you are found to have breached this policy, we reserve the right (without prejudice to any other rights we may have in our Terms and Conditions of Provision of Service, or elsewhere) to take whatever measures we (acting reasonably) deem appropriate and proportionate to the breach, including (without limitation) giving you a formal warning, suspending or terminating your Agreement with us (as defined in the Terms and Conditions of Provision of Service), making an additional charge for our reasonable costs of investigating and dealing with the misuse, blocking access to any component of the service, and removing any access to our servers.

 

8           VARIATION OF POLICY

 

8.1            We may change this Policy to reflect any changes in the law or Internet community standards, or whenever we consider it necessary.  Any such amendment shall be effective upon its posting onto our website at the following URL: www.docuversal.com and it is your responsibility to ensure that you are fully aware of any such amendment.