Terms and conditions
Online Practice Solutions is a website subscription service provided by GemSite Solutions Limited.
In return for your subscription, we provide a hosted website along with access to a website content management system. Your subscription also includes an amount of support and features which differ according to the plan level you select.
You may cancel your subscription at any time. You have a right to use your website whilst you continue to pay your subscription. Once your subscription has been cancelled you no longer have the right to access or use the website.
The Wordy Bit
Please read these Terms & conditions carefully as they are the terms governing your use of the Online Practice Solutions from GemSite service ("the Service"). We provide the Service only on these Terms & conditions and if you do not agree to be bound by them you may not use the Service. By using the Service you will be deemed to accept these Terms & conditions.
1. Your obligations to us
You agree to provide accurate and complete information to us when registering to use the Service. You agree that you will comply with any reasonable instructions or directions issued by us from time to time concerning access to the Service and that you will only use the Service in a manner consistent with these Terms & conditions. You agree that you will not use the Service for any unlawful purpose or in breach of any applicable law or regulation. In particular you will not use the Service to commit any criminal act or any act constituting infringement of any intellectual property right, or to transmit any material that is blasphemous, obscene, indecent or pornographic or which is of a defamatory, offensive, abusive, or menacing character or which may cause annoyance, inconvenience or needless anxiety to any person. We reserve the right to remove any material from the Service which we at our sole discretion find objectionable. This may include the posting of any inaccurate information or any information about someone other than you. We reserve the right to end your access to the Service at any time if you are in breach of these Terms & conditions.
You agree to pay us for your use of the Service in the manner agreed with us in advance. Our invoices are payable within 14 days of date of invoice.
You agree to indemnify us against all losses (including, without limitation, legal costs) we may incur as a result of any breach by you of these Terms & conditions.
2. Our obligations to you
We will provide you with the rights to use the Service that are provided by the form of the account that you have opened with us.
We will observe all relevant UK data protection legislation in relation to the data you provide to us on registration and will only use it for authorised purposes. We will provide the Service to you with reasonable care and skill and will use our reasonable endeavours to maintain continuity of Service. However, we cannot guarantee that the Service will be continuous or error free. We do not accept liability for any special loss or any indirect or consequential loss of any nature (including without limitation any economic loss or other loss of business, production, revenue, profit, goodwill or anticipated savings), whether arising in contract, tort, negligence, breach of statutory duty or otherwise, and whether or not the possibility of such loss arising has been brought to our attention.
We do not monitor the Service but we reserve the right to do so. We take no responsibility for material that has not been introduced by us. You acknowledge that you are solely responsible for the form, content and accuracy of any material introduced by you.
Whilst we take all reasonable care in providing the Service, you contract with others through the Service at your own risk and we make no representation as to whether you will be satisfied with what others provide to you.
Your Domain Name
Customers who already have a URL or who choose to manage a URL purchased on their behalf by GemSite Solutions, will be entirely responsible for their management arrangements.
Your GemSite subscription covers hosting, maintenance, design and management of your website. We give advice on how to maximise the visibility of your website on Search Engines. We cannot make any claim that your site will appear on any particular search engine. Some "search engines" are actually directories which will only include your website upon payment of a fee. Your GemSite subscription does not cover this fee.
What We Own
All the Material and the Service available on onlinepracticesolutions.com, and all the Material and the Service provided by or through Gemsite Solutions Ltd, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, website design and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the "Materials"), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright and other intellectual property laws. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on onlinepracticesolutions.com without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.
Rights to Use What We Own
Subject to this Agreement, Gemsite Solutions Ltd hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the Materials through a user identification reference provided by Gemsite Solutions Ltd (“User Name”) to the extent, and only to the extent, necessary to access and use the Service in accordance with the terms of this Agreement. This license does not permit you, and you agree not to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials or otherwise distribute in any way the Materials other than as specifically permitted in this Agreement. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Materials, create derivative works based on or in any manner commercially exploit the Materials, in whole or in part, other than as expressly permitted in this Agreement. Any use of the Materials for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in this Agreement.
The rights to use the Materials is dependant on GemSite Solutions Limited receiving full payment for your use of the Service in the manner agreed with us in advance. The Service and the Materials are provided on a subscription basis. You use your rights to use the Service and the Materials once your subscription has been cancelled.
You use this service at your own risk. The service is provided as is and without warranties of any kind either expressed or implied. We disclaim all warranties of merchantability and fitness for a particular purpose to the fullest extent permissible. We do not warrant or make any representations regarding the use of or the result of the use of the material in this service in terms of its correctness, accuracy, reliability, or otherwise.
4. Data Processing
The following definitions apply:.
- the terms “controller”, “data subject”, “personal data”, “process,” “processing” and “processor” have the meanings given to these terms in EU Data Protection Law.
- “Breach” means a breach of the Security Measures resulting in access to our equipment or facilities used to store your website data and the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to your website data stored or processed by us on your behalf and instructions through the services we provide.
- “Content” means the content published via your website including without limitation text, photos, images, audio, video, code, and any other materials.
- “EU Data Protection Law” means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR;
- “GDPR” means EU General Data Protection Regulation 2016/679;
- “Security Measures” means the technical and organisational security measures set out below.
- “Sub-Processor” means an entity engaged by us to store or process your Content.
We act as a data controller, you act as a data processor.
Data Subject. The subject matter of the data processing is the Content.
Duration. The duration of the data processing is determined by you.
Purpose. The purpose of the data processing is the provision of the website service that we provide to you as initiated by you.
Nature of the Processing. To publish Content on your website as initiated by you from time to time.
Type of Personal Data. Your data relating to you, your employees, your clients or other individuals whose personal data is included in the Content which is processed as part of the website site service that we provide in accordance with your instructions.
Categories of Data Subjects. You, your employees, your clients and any other individuals whose personal data is included in the Content.
Description of Processing Activities. We will process data for the purpose of providing you with our website service.
Compliance with Laws. You will ensure that your instructions comply with all laws, regulations and rules applicable in relation to your data and that your data is collected lawfully by you or on your behalf and provided to us by you in accordance with such laws, rules and regulations. You will also ensure that the processing of your data in accordance with your instructions will not cause or result in us or you breaching any laws, rules or regulations (including EU Data Protection Law). You are responsible for reviewing the information available from us relating to data security and for making an independent determination as to whether this meets your requirements and legal obligations. We will not access or use your data except for the purposes of providing our website service as initiated by you.
Our Responsibilities. We will process your data solely for the purpose of providing you with our website service.
Notification of Breach. We will provide you notice without undue delay after becoming aware of and confirming the occurrence of a Breach for which notification to you is required under applicable EU Data Protection Laws. We will, to assist you in complying with your notification obligations under Articles 33 and 34 of the GDPR, provide you with such information about the Breach as we are reasonably able to disclose to you, taking into account the nature of the service we provide, the information available to us and any restrictions on disclosing the information such as for confidentiality. Our obligation to report or respond to a Breach under this Section is not and will not be construed as an acknowledgement by us of any fault or liability of us with respect to the Breach. Our obligations under this section do not apply to incidents that are caused by you, any activity on your Account and/or Third-Party Services.
Notification of Enquiry or Complaint. We will provide you notice, if permitted by applicable law, upon receiving an enquiry or complaint from an individual whose personal data is included in your Content, or a binding demand (such as a court order or subpoena) from a government, law enforcement, regulatory or other body in respect of your that we process on your behalf and instructions.
Reasonable Assistance with Compliance. We will, to the extent that you cannot reasonably do so yourself, provide reasonable assistance to you in respect of your fulfillment of your obligation as controller to respond to requests by data subjects under Chapter 3 of the GDPR, taking into account the nature of the services we provide and information available to us. You will be responsible for our reasonable costs arising from our provision of such assistance.
Security Measures. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, we as your data processor shall in relation to the data implement appropriate technical and organisational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR. In assessing the appropriate level of security, we shall take into account the risks that are presented by processing your data.
You agree that we can share Your Controlled Data with Sub-Processors in order to provide you the web site services. We will impose contractual obligations on our Sub-Processors, and contractually obligate our Sub-Processors to impose contractual obligations on any further sub-contractors which they engage to store or process your Content, which provide the same level of data protection for your Content in all material respects as the contractual obligations imposed in this agreement, to the extent applicable to the nature of the services provided by such Sub-Processor. A list of our current Sub-Processors is available upon request by sending an email to firstname.lastname@example.org. If you object to any Sub-Processors, you may not use or access our services. You consent to our use of Sub-Processors as described in this section. We will remain responsible for compliance with the obligations of this agreement and for any acts or omissions of any Sub-Processor or their further sub-contractors that store or process your Content and cause us to breach any of our obligations under this agreement, solely to the extent that we would be liable under the agreement if the act or omission was our own.
We may not transfer or authorise the transfer of your Content to countries outside the EU and/or the European Economic Area (EEA) without the prior written consent of the Company. If personal data processed under this agreement is transferred from a country within the European Economic Area to a country outside the European Economic Area, we shall ensure that the personal data are adequately protected. To achieve this, we shall, unless agreed otherwise, rely on EU approved standard contractual clauses for the transfer of personal data.
Deletion Of Personal Data
Subject to this section we, as your data processor, shall promptly and in any event within 10 business days of the date of cessation of any services involving the processing of your data, delete your data.
We as your data processor shall make available to you on request all information necessary to demonstrate compliance with this agreement in relation to the processing of the your data. You agree that you may be required to agree to a non-disclosure agreement with us before we share any such report with you and that we may redact any such reports as we consider appropriate. You will pay our costs in considering and addressing any such request.
We reserve the right at any time, in our sole discretion, to make any changes to these Terms & conditions. Any changes will be notified to you by e-mail or by publishing the revised Terms & conditions on the onlinepracticesolutions.com site. By continuing to use the service you agree to be bound by such changes.
These Terms & conditions are to be interpreted in accordance with English law and, in the event of any dispute, you and we irrevocably submit to the non-exclusive jurisdiction of the English Courts.
Finally, nothing in these Terms & conditions is to be interpreted as an attempt to limit or exclude our liability for any personal injury resulting from our negligence, and if you are a consumer, nothing we say affects your statutory rights.