About Us
Terms and Conditions
OnePoint Surveys Limited ("OnePoint")
ACCEPTANCE OF TERMS
By accessing the content of www.onepointsurveys.com (“the Website”) you agree to be bound by the terms and conditions set out herein and you accept our privacy policy available at www.onepointsurveys.com/web/pp.aspx. If you object to any of the terms and conditions set out in this agreement you should not use any of the products or services on the Website and leave immediately.
WEBSITE USE
You are granted permission to access, view and print one copy of the web content on the Website for your personal, non-commercial use, provided that you reproduce such material accurately and do not use it in a misleading context, you do not modify any materials or web content on this Website in any way or reproduce or publicly display, perform or distribute or otherwise use them for any public or commercial purpose and any copyright notices, trade marks and/or logos that appear on any copied screens remain on the copies and are not removed from such screens.
UNAUTHORISED WEBSITE USE
As a condition of your use of the Website, you agree not to nor attempt to upload, post or otherwise introduce any unlawful, libellous, sexually explicit, abusive or obscene information of any kind or material that violates any copyright, trade mark, patent, trade secret, or other proprietary rights whether unregistered or registered anywhere in the world (“Intellectual Property Rights”) or other rights of any other person. OnePoint reserves the right to remove all material that it consider violates these Website Terms of Use at any time and without further notification.
You will not copy, sell, rent, lease, license, sublicense, grant any rights in, transfer, distribute, time-share or otherwise assign to any third party the whole or any part of this Website.
You must not seek to access, alter or delete any information to which you do not have authorised access to. You must not take any action to interfere with the operation of the Website.
In the event that you intend to copy or use the web content or material on this Website for purposes other than that permitted, you must obtain OnePoint’s express prior written consent which may be withheld entirely at OnePoint’s discretion.
LIMITATION OF LIABILITY
In no event will OnePoint be liable to you whether in contract, tort, by statute or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage arising out of or in connection with your use of this Website or the information contained on the Website including any information contained in Adverts, including without limitation: loss of revenue, loss of business, loss of goodwill, loss or corruption of data and/or downtime.
Nothing will exclude or restrict OnePoint’s liability for fraudulent misrepresentation and/or for death or personal injury arising as a result of OnePoint’s negligence.
DISCLAIMER
The information and data provided by OnePoint itself on the Website are intended to be informative only and are provided on an “as is” and “as available” basis. By accessing and using the Website you acknowledge that any reliance upon any such information obtained or received via the Website will be at your sole risk.
OnePoint does not warrant that the functions of this Website will be uninterrupted or error free, that defects will be corrected or that this Website or the servers that make it available are free of viruses.
INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights in the web content and other materials accessible on this Website is owned absolutely by OnePoint. Other than expressly permitted by these website terms of use or otherwise agreed expressly in writing, you hereby agree that you will not make any copies or reproduce or otherwise issue to the public any of the web content and material on the Site, including for the avoidance of doubt and without limitation by the use of any digital content copying technology such as digital crawlers and spiders. Express permission must be obtained from OnePoint if you wish to copy any of the web content of the Site for purposes beyond the scope of these website terms of use.
VIRUSES AND OTHER DAMAGING CONTENT
It is possible that third parties may obtain unauthorised access to this Website and alter its content. OnePoint will not be liable for any damage or loss arising out of or resulting from any such unauthorised access to, alteration to or modification of information contained on this Website which may include the uploading of viruses, worms, Trojan horses, cancelbots, or other harmful and destructive components to the Website.
LINKS TO THIRD PARTY SITES
The Website may contain links to other websites and/or portals owned by third parties (“Third Party Sites”), and these links to Third Party Sites are provided for your convenience only. OnePoint will not be responsible for the web content or availability of such Third Party Sites. If you access a link to a Third Party Site you leave this Website and do so at your own risk.
Note that the existence of any links to Third Party Sites on the Website does not imply that OnePoint in any way endorses or is associated with such Third Party Sites or that any linked Third Party Site is authorised to use any copyright material, trademark or logo of OnePoint.
CHANGES
OnePoint reserves the right to modify, add to or change these website terms of use and OnePoint’s Privacy Policy at any time without notice. Any such modifications, additions or changes will be effective immediately on being posted on the Website. Continued use of the Website after a modification, addition or change has been made is your acceptance of the modification, addition or change. OnePoint, therefore, recommends that you refer to the relevant areas of the Website on a regular basis in order to ensure that you are aware of OnePoint’s most recent website terms of use and Privacy Policy.
TERMINATION
If you breach any of these website terms of use, your authorisation to use this Website automatically terminates and you must immediately destroy any downloaded or printed materials.
Any breach of these website terms of use will entitle OnePoint to immediately terminate your use of the Website without notice.
GENERAL
Amendments to these website terms of use will not be valid unless they are made in writing by OnePoint.
If any provision in these website terms of use is found to be invalid or unenforceable by any authority having competent jurisdiction, such invalidity or unenforceability will not affect the validity of the remaining provisions of these website terms of use, which will remain in full force and effect.
Failure by either party to insist upon strict performance of any provision of these website terms of use will not constitute a waiver of that provision nor affect the enforceability of the remaining provisions of website terms of use.
GOVERNING LAW
This Website is intended for access and use by persons in the United Kingdom only. OnePoint does not represent or warrant that the information on this Website complies with the regulatory regime of any other country. If you access the Website from other locations outside England and Wales you do so entirely on your own risk and you are responsible for compliance with local laws.
The parties agree that these website terms of use will be governed by English law and the parties hereby submit to the exclusive jurisdiction of the English courts.
SUBSCRIPTION CONTRACT
These terms and conditions are the contractual terms upon which the OnePoint ONLINE subscription service and associated software is to be provided by us to you either on a pay as you go basis or through an annual fee. If your request to use the OnePoint Service and subscribe to the Service is accepted by us you will be legally bound by the terms of this contract.
1. DEFINITIONS
1.1. In these terms and conditions, the following definitions have the following meanings:
“Acceptance Notice” our written acceptance of your Subscription request (which may be by e-mail) confirming your Login and our acceptance of your request or renewal of your order as the case may be;
“Account Area” a defined area of the Site that is credited once you have registered your details and that can only be accessed by your Login and will provide you with access to the Service and any associated software;
“Fee” the pay as you go or annual fee, in pounds sterling for access and use of the OnePoint Service and any associated software, such fees being set out on the Site and as amended from time to time in accordance with these terms and conditions;
“Free Trial ” a period of time for which you can test the Service and for which you are provided with a complimentary credit
“Free Trial Subscription” a request made by you via the Site or otherwise to use the OnePoint Service and any associated software on a trial basis for the Free Trial Period except if your Subscription to the Service was through a third party other than us;
“IPR” all patents, trade marks, service marks, copyright, design right, database rights, know-how, processes, trade practices and other intellectual property rights whatsoever, whether registered or unregistered anywhere in the world;
“Login” a personal username and password which will be created by you and which you agree to keep confidential and secure allowing you to access and use the OnePoint Service and any associated software. You will be responsible for keeping your Login and password confidential and will take all reasonable steps to ensure compliance with this provision. If at any point you consider that your Login or password has been compromised and/or is being misused by someone else you shall take such action as is required and/or is requested by us to prevent such misuse;
“Subscription” your use of the OnePoint Service and any associated software on the Site which is deemed to be an acceptance by you of these terms and conditions and which can be terminated if you are found to be in breach of the terms and conditions herein and/or under clause 16;
“Personal Data” any personal data relating to you within the meaning defined in the Data Protection Act 1998;
“Site” the OnePoint ONLINE web site at www.onepointsurveys.com and any of the sub-domains thereof;
“Service” the OnePoint ONLINE service accessed by registering to use the OnePoint Survey Tool is deemed to be an acceptance by you of these terms and conditions, whereby pursuant to your Subscription you are provided with access to an online use of the OnePoint Service on the Site where you can create surveys for distribution, purchase credits, view the results of your completed surveys, manage your surveys and liase with your target audience with respect to your surveys;
“Service Support” the assistance we will provide as listed in Schedule 1;
“we”, “us”, “our” OnePoint Surveys Limited (Company No. 05641242) of Ash House, Fairfield Avenue, Staines, Middlesex TW18 4AB;
“you”, “your”,“yourself” the person, company or other body placing a Subscription for access and use of the OnePoint Service and any associated software pursuant to these terms and conditions.
2. FREE TRIAL
2.1. Placing a Free Trial Subscription is deemed to be an acceptance by you of these terms and conditions which shall apply to your use of the OnePoint Service and any associated software during the Free Trial period. A Free Trial will allow you to send 1 survey to your mobile phone free of charge. Any usage above this will require you to purchase credits for your account.
2.2. We reserve the right to refuse any Free Trial Subscription for any reason.
3. SUBSCRIPTION AND ACCEPTANCE
3.1. A Subscription requires you to complete all the compulsory fields in the Account Area. A Subscription is deemed to be an acceptance by you of these terms and conditions.
3.2. Receiving of a demonstration of the service online or in person is also deemed to be an acceptance of our terms and conditions.
3.3. You must ensure that the information in your Subscription is complete and accurate. No Subscription shall be validly submitted other than via the standard order screen on the Site. Conditions purported to be stipulated by you in any way to us, to the extent that they are inconsistent with these terms, shall be void.
4. SERVICE
4.1. Subject to Payment as specified in clause 5 below your access and use of the OnePoint Service and any associated software where you are a company or other business vehicle shall not be limited to any number of users within the company or body and permits your subsidiaries or holding company to use the OnePoint Service.
4.2. You warrant and undertake that you shall not, and shall not permit others to:
4.2.1. use this service outside of the UK mobile networks and to mobile phone numbers which shall begin with other than +44, unless by prior arrangement with us. We reserve the right to hold/ terminate any activity which shall be found to be in breach of this clause and to deduct additional credits to cover the increased costs in service charges;
4.2.2. modify, translate, create derivative copies of or copy the OnePoint Service;
4.2.3. reverse engineer, decompile, disassemble or otherwise tamper with the OnePoint Service or any material on the Site;
4.2.4.distribute, sub-license, assign, share, timeshare, sell, rent, lease, grant a security interest in or otherwise transfer the OnePoint Service or your rights to use the OnePoint Service;
4.2.5. remove or modify any copyright, trade mark, or other proprietary notices of OnePoint Surveys Limited or other associated company or body contained on the Site;
4.2.6. create data or executable programs which mimic functionality in the OnePoint Service; or
4.2.7. use the OnePoint Service in any manner not expressly authorised or envisioned or in a way which may bring us into disrepute.
5. PAYMENT
5.1. The Fee must be prepaid on the Account Area of the Site. Payment methods accepted by us are debit/credit card as indicated on the Site. Access to the OnePoint Service will not be provided unless and until the relevant corresponding Fee has been received in cleared funds from you by us unless by prior arrangement and on the basis of us receiving a purchase order or signed order form which shall then be subject to an invoice payable within 30 days of the purchase order or order form being received by OnePoint. OnePoint reserves the right under special circumstances to issue two invoices, the first for 25% of the total fees, payable immediately, and the second for the remaining 75% of the total fees payable within 30 days of the purchase order or order form being received by OnePoint.
5.2. The Fee is subject to change from time to time by us and shall be notified by placing a notice on the Site. Any increase in the Fee shall not apply retrospectively. Any credits that remain unused will expire after 12 months.
5.3. We reserve the right to charge handling fees in the processing of payments made by debit/credit cards.
6. CANCELLATION
6.1. Subject to these terms and conditions, you may cancel your Subscription by notice in writing to us (which may be by e-mail) subject to the following terms. If you are a pay as you go Customer we shall not require you to provide any notice but in the event that your account remains inactive for a period of 12 months your subscription shall be cancelled. We shall require a 6-month notice period from Customers who hold 1, 3 or 5 year licences, with notice to run six months before the end of the licence period.
6.2. If you are acting as a consumer, in the event that you cancel your Subscription within 7 days, provided that you have not used the Service, we will refund the Fee paid relating to your Subscription and your Login will be invalidated.
7. RENEWAL
7.1. Your Subscription shall automatically continue unless cancelled by you, under clause 6.1 or us under these terms and conditions.
8. LIMITATION OF LIABILITY
8.1. You acknowledge that the following provision reflects a fair allocation of risk. These terms and conditions set out our entire liability to you and all other liability of us to you is hereby excluded, subject that nothing shall exclude or restrict our liability for fraudulent misrepresentation and/or for death or personal injury (including but not limited to sickness and death) to the extent that such injury results from our negligence or wilful default, our servants, agents or subcontractors.
8.2. You agree that our total liability under these terms and conditions shall not exceed (death or personal injury excepted) the Fee paid by you to us pursuant to your Subscription unless cancelled subject to clause 6.2, including where such liability arises out of our negligence.
8.3. In no event shall we be liable to you whether in contract, tort, by statute or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage arising out of or in connection with the provision of the Service, including without limitation: loss of revenue, loss of anticipated savings, loss of business and/or goods, loss of goodwill, loss of use, loss and/or corruption of data and/or other information or software. For the avoidance of doubt, neither the types of loss and/or damage specified above nor any similar types of loss and/or damage shall constitute direct loss for the purposes of this Agreement.
9. WARRANTIES
9.1. You warrant to us that you will: -
9.1.1. use the OnePoint Service and any associated software in a responsible manner and in accordance with standards equivalent to best practice in the industry subject to these terms and conditions;
9.1.2. not use your access to the Service in a manner not envisaged by these terms and conditions or in a way which may bring us into disrepute;
9.1.3. conform to all internet protocols and standards from time to time applying to the Site;
9.1.4. when posting or uploading data, text images, software, code information, logos, icons and all other material onto the Account Area on the Site to ensure such is not incorrect, defamatory, obscene or otherwise illegal or infringing the intellectual property rights of any third party;
9.1.5. not use your Service for illegal activities;
9.1.6. not use your Service to send threatening or derogatory messages;
9.1.7. not use your Service to send unsolicited bulk messages.
9.2. Any breach of these warranties will entitle us at our discretion to cancel your Subscription and/or invalidate or suspend your Login without notice.
10. INDEMNITIES
10.1. You will fully indemnify and keep OnePoint indemnified against all losses and damages caused by any breach of the above warranties by you and in the event of any claim or legal proceedings brought/threatened against us by a third party as a result of your actions.
11. INTELLECTUAL PROPERTY RIGHTS
11.1. All IPR in the OnePoint Service and other material, content, information or software relating to the same, including that contained on the Site is and shall remain owned solely and absolutely by OnePoint, and nothing in these terms and conditions shall confer any ownership of any Intellectual Property Rights in the same on you.
12. DATA PROTECTION
12.1. You agree to the reasonable processing of Personal Data by us for the purposes of providing you use of the OnePoint Service under these terms and conditions. In processing Personal Data, we will comply with all relevant legislation, including but not limited to the Data Protection Act 1998. We may, from time to time, use your details including any company details/logo’s, in promotional/marketing literature. We shall obtain your consent prior to such use.
13. RESTRICTIONS OF THE INTERNET
13.1. You acknowledge that:
13.1.1. we have no control over the Internet which is a global decentralised network of computer systems. Accordingly, access to the Service shall not be error free or uninterrupted and may be variable; and
13.1.2. information, software and other material accessible over the Internet, including mobile networks, via the Site may contain computer viruses, worms, Trojan horses, cancelbots, or other harmful and destructive components. We are not liable and will not be liable for any direct, indirect, incidental or other loss or damages which result or may result from your access to or use of the Internet. We strongly recommend that you maintain sufficient and updated anti-virus software on any hardware used to access the OnePoint Service and/or access material on the Site.
14. DOWNTIME
14.1. Every effort is made to ensure the continuity of the Site, but some occasional technical downtime beyond our control may occur. Such downtime may prevent you from accessing the Service on the Site for the duration of the down time. We and our associated companies shall not be liable if your access to the Service via the Site is delayed or prevented by any cause beyond our control including, for the avoidance of doubt, hosting server downtime.
15. COMPLAINTS AND DISPUTES
15.1. Should you have any complaint about the OnePoint Service you should contact our site administrators in the first instance. Our site administrators will attempt to resolve the issue within the constraints of these terms and conditions.
15.2. In the event that our site administrators are unable to resolve your complaint, your complaint will be referred to the Customer Services Director or such other director of the company from time to time who will consult with you to resolve the issue.
15.3. In the event that your complaint cannot be resolved by consultation with the Customer Services Director, either party may refer the complaint to an independent expert as agreed between the parties or in the absence of such agreement to be appointed on application by either party by the President of the Law Society from time to time. The parties agree that the decision of the said independent expert shall be binding on the parties.
16. TERMINATION
16.1. We may terminate this agreement and invalidate your Login at any time upon notice in writing (which may be by e-mail) to you in the event of any breach by you of the provisions of these terms and conditions.
16.2. We may also terminate this Agreement in the event you deliberately misuse the Service, including but not limited to obtaining message credits by deceit.
16.3. On termination, all content accessible via your Login on the Site will be immediately deleted from the Site and your Login will be cancelled.
16.4. If this Agreement is terminated by reason of your breach, the Credits/Fee paid to us by you shall be non-refundable.
17. NOTICES
17.1. Any notice required or permitted under these terms and conditions shall be in writing (which may be by e-mail) and shall be deemed to have been properly given:
17.1.1. 48 hours after being posted by first class mail (by airmail if sent internationally) with postage prepaid to the address for us set out in these terms and conditions and for you as set out in the Subscription request or other address notified for the purpose; or
17.1.2. at close of business (17:00 hours Greenwich Meantime) on the day of effective transmission if sent by e-mail.
18. GENERAL
18.1. No provision of these Terms and Conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not party to it, except for the avoidance of doubt by any one or more of our subsidiaries, if any, from time to time.
18.2. We may assign our rights or obligations under these terms and conditions at anytime. Subject to the other provisions of these terms and conditions, you may not assign your rights or obligations under these terms and conditions without our prior written consent.
18.3. We shall not be liable for failure to meet our obligations under these terms and conditions if we are prevented from or delayed in doing so due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
19. GOVERNING LAW
19.1. The access and use of the OnePoint Service is intended for persons in the United Kingdom only. OnePoint does not represent or warrant that the Service complies with the regulatory regime of any other country. If you access the OnePoint Service from other locations outside the United Kingdom you do so entirely at your own risk and you are responsible for compliance with local laws.
19.2. These terms and conditions shall be interpreted in accordance with and governed by English law and the parties shall submit to the exclusive jurisdiction of the English courts.
SCHEDULE ONE
1. MAINTENANCE
1.1.We will provide corrections, fixes and periodic notices. If you have a warranty period defined within your Agreement, we shall correct a defect free of charge, within the warranty period, if you are able to demonstrate that there is programming or other defect in the Service for which you are not responsible and which prevents you from using the Service. This is dependant upon you giving reasonable time and resources for testing and sign-off.
1.2. If any defect arises in the Service or in its use and/or operation then once such defect has been notified to us by you, or otherwise comes to our attention, we shall use all reasonable endeavours to correct each such defect within a reasonable time based upon the priority of that defect. Once each such defect has been corrected we shall implement any specific procedures which are necessary to update the Service. Whilst we shall use all reasonable endeavours to correct Service defects we cannot guarantee to fix a Service defect within a specified period of time or at all.
1.3.In the event of operational difficulty with the Service you may contact us for assistance in accordance with the Operational Support Procedure below. We shall assist you to recover system operations in the event of failure, operator error or system misuse in accordance with this Agreement. If you request any changes or enhancements to the Service, which require development work by us the costs of such enhancements or changes will be charged at £850 per day or part thereof.
2. UPDATES
2.1. We may issue new releases of the Service which will where appropriate incorporate full corrections in lieu of defect corrections on the earlier release. We reserve the right to use new releases of the Service to rectify Service defects under the obligations of this Agreement, if such updates to rectify defects are permitted at no extra charge.
3. EXCLUDED SERVICES
3.1. We shall not be liable for operational difficulties caused by or arising from the integration of the Service with hardware or service not supplied by us or any modifications not undertaken by or on behalf of us or our subcontractors.
4. SUPPORT
4.1. Support requests shall be made either by telephone on 0870 414 2625 or (preferably) by e-mail to support@onepointsurveys.com. If the Company is not immediately available to answer a telephone call, a voice message may be left. The Company shall respond to all support requests within 24 hours of receipt of the request. For the purposes of clarification, the Company shall use all reasonable endeavours to provide a solution for any support requests, within a reasonable time, based upon the urgency of the request. While the Company will use all reasonable endeavours to correct Service defects, the Company cannot guarantee a fix to a Service defect within a specified period of time or at all.
4.2. You will be accessing the Service via the Internet and mobile technology. It is your responsibility to ensure that your telecommunications links are, at all times, adequate to enable such access. We shall not be responsible for providing support for any issues associated with your telecommunications links. However, if requested, we shall use our reasonable endeavours to assist in the rectification of any such faults.
4.3. In the case of Resellers or Licensors of the service, any additional specific or tailored support service requirements will be detailed in your contract agreement with OnePoint.
4.4. For the provision of support services over and above that provided for access to the online pay as you go service costs will typically be based upon the following:
- The number of users accessing the Service and the load placed upon the Service;
- The level of functionality of the Service as documented and offered under the general provisions;
- The volume of support calls per month (calculated over a three-month rolling period) remaining within 10% of the average number of support calls calculated over the first three months of this Agreement;
In the event of any variation to any of these factors we reserve the right to renegotiate the support costs.
5. OPERATIONAL SUPPORT PROCEDURE
The operational support procedure relates to the processes available to you to get an incident resolved.
All support is available from 9:00am to 5:00pm from Monday to Friday excluding bank holidays.
- Level One – Email Support. You can contact us via the support@onepointsurveys.com email address. All emails will be responded to within 24 hours.
- Level Two – Telephone Support. This is available on 0870 414 2625
- Level Three – On Site Support. This is available to you on request and is charged on a daily rate to a minimum of a half a day plus expenses.
6. INCIDENT RESPONSE
An incident will be prioritised at our discretion taking into account your position and other support calls. Whilst we can respond to a call within fixed times we are unable to provide fixed times for resolution of any one incident. We shall use our reasonable endeavours to keep you up to date with the progress to the resolution of any incident.