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POC Terms and Conditions of Use

Effective as from 18th June 2013

This document is a legally binding “Agreement” between you (“You” or the “Customer”) and The Portable Office Company Limited (“POC” or the “Company”), a company registered in the UK under company number 6808907, that governs your use of POC’s software applications and services, including the Hosted Desktop Service, the software /applications (“Software”) contained therein, and the web browsing through the online Desktop, collectively and individually the “Service”.

The Services are offered to you conditioned on your acceptance, without modification, of the terms and conditions contained in this Agreement. Your use of the Service constitutes your agreement to the terms and conditions stated in this Agreement. Unless explicitly stated otherwise, this Agreement will govern the use of any new features that augment or enhance the current Service, including the release of new Company resources and services.

You must read and agree to the terms and conditions of this Agreement before you use the Service. If you do not agree to be bound by the terms and conditions contained within this agreement, you may not use the Service.

1. Contract formation

By creating an account to use or access The Service, you confirm that you are 18 years of age or more, or that you are 13 years of age or more and that you have received your parent’s or guardian’s consent to enter into this Agreement, that any registration information that you submit to POC is true, complete and accurate, that you will update directly to POC such information in order to keep it current, and that you agree to the terms and conditions of this Agreement and the POC Privacy Policy.

2. Alterations to the Agreement

POC at its sole discretion may make any changes to this Agreement at any time. Any material changes will be communicated to you and your acceptance of and / or continued use of The Service after such notification of changes to this Agreement will constitute your acceptance of such changes. It is your responsibility to review this Agreement from time to time for any changes as it creates a binding legal agreement between you and POC.

3. Billing

The fees for the services provided to you will be billed from the date you elect, or convert from a trial to a paid for account and on each month quarter or annual renewal thereafter unless or until cancelled. POC will automatically bill your credit card each month, quarter or year corresponding to the calendar day of the commencement of the service. In the event that your account commenced on a day not contained in a given month, quarter or year, POC will bill your credit card on the last day of such month, quarter or year. For example if your monthly account began on the 31st January, February 28th (or 29th in a leap year) would be the next date that your credit card would be billed. You acknowledge that the amount billed each month, quarter or year may vary for reasons that include, differing amounts due to promotional offers, differing amounts due to changes to the services provided to your account, or changes to the amount of applicable sales tax, and you authorise us to charge your credit card account for varying amounts. All fees and charges are non refundable and there are no refunds or credits for partial used periods.

POC reserve the right to change fees or charges in effect, or add new fees or charges from time to time, but will provide you notice of these changes in advance via e-mail. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, then it is your responsibility to do this via PayPal. If your credit card reaches its expiration date, becomes invalid or fails to be authorised your continued use of the services provided to you by POC constitutes your authorisation for us to continue billing you for the services used. Customers including Students, Home Users and Business Users will be billed monthly/quarterly or annually in advance for this Service in accordance with their chosen services requested. The charges will include the following: (i) a per user per subscription period charge agreed between you and POC (ii) a charge for storage based on the amount of storage requested by you and at the price agreed with you and (iii) a charge for any additional Software or services requested by you if available via POC’s Service.

4. Software licences

The Customer’s rights to use the Software are subject to the usage rights granted by the third party software supplier, such as Microsoft or Adobe. You acknowledge that the usage rights of third party software may vary from product to product and agree to abide by such rights. You are deemed to accept the usage rights in relation to the Software provisioned on the Hosted Desktop.

With specific relation to the use of Microsoft software within the POC Desktop the Customer agrees:

(i) Not to remove, modify or obscuring any copyright, trademark or other proprietary right notices that are contained in or on the Products;

(ii) Not to reverse engineer, decompile, or disassemble the Products, except to the extent that such activity is expressly permitted by applicable law;

(iii) To disclaim, to the extent permitted by applicable law, all warranties by Microsoft and any liability by Microsoft or its suppliers for any damages, whether direct, indirect, or consequential, arising from the Microsoft software;

(iv) That POC or a third party working on POC’s behalf (and not Microsoft or its suppliers) will provide technical support for the Microsoft Software;

(v) To permit the disclosure of relevant  information required by this agreement

(vi) Not to use the software in a High Risk Environment. The POC Desktop is not guaranteed to be error free or to operate uninterrupted. POC does not grant any End User the right to use the Products in any application or situation where the Desktop(s) or services failure could lead to death or serious bodily injury of any person, or to severe physical or environmental damage (“High Risk Use”). Examples of High Risk Use include, but are not limited to: aircraft or other modes of human mass transportation, nuclear or chemical facilities, life support systems, implantable medical equipment, motor vehicles, or weaponry systems. High Risk Use does not include utilization of Products for administrative purposes, to store configuration data, engineering and/or configuration tools, or other non-control applications, the failure of which would not result in death, personal injury, or severe physical or environmental damage. These non-controlling applications may communicate with the applications that perform the control, but must not be directly or indirectly responsible for the control function. POC agrees to indemnify and hold harmless Microsoft from any third-party claim arising out of any customer’s use of the Desktop in connection with any High Risk Use.

4.1. Academic Desktop Licensing

(vi) To qualify for a POC Student Desktop package (Bronze,Silver or Gold) subscription, you need to be a current student or educator (teacher, lecturer, professor) at an accredited higher-education institution (e.g. Community Colleges, Universities, Vocational & Trade School) to be considered eligible. Upon initial sign-up via our web page, you will be required to provide your Student ID number and confirm the higher-education institute that you are enrolled to. Following initial activation of your POC Student desktop, you will receive from POC an e-mail asking you to provide additional evidence that you are a current student or educator. It is your responsibility to reply to this e-mail and to attach an accepted form of identification (dated Student ID card, dated Faculty ID card (Except Dreamspark Users) or recent faculty/staff payment stub (financial information can be blacked out) (Except Dream Spark users) or to send an electronic copy of your identification to admin@pocster.com with the subject bar marked as Academic verification from the e-mail address you used to sign up for the service.

5. Acceptable Usage Policy

You agree to abide by the following Acceptable Usage Policy (“AUP”). You warrant and undertake to POC that you will not by yourself or through others:

i) use the Service for any unlawful purposes;

ii) knowingly or recklessly link to, post to or transmit, or permit any third party users to link to, post to or transmit:

a. any material that is abusive, threatening, harmful, malicious, defamatory, obscene, pornographic, profane, racist or otherwise unlawful;

b. any material containing a virus or other hostile computer program;

c. any material that constitutes or encourages a criminal offence, gives rise to civil liability or infringes the intellectual property rights of any third parties.

iii) knowingly or recklessly transmit, or permit third party users to transmit, any form of bulk email or unsolicited email.

POC may suspend the Service provided to you immediately and without notice to you in its sole discretion if in POC’s opinion you have or have knowingly, recklessly or negligently permitted any breach of the Acceptable Usage Policy, or if it receives any complaint that unsolicited email SPAM has been transmitted by You, or by your agents or customers.

6. Anti-virus

POC uses third party anti-virus software to protect the Service and email from viruses. Although all reasonable care is taken by POC to ensure that the anti-virus software is up to date, POC makes no warranty as to the effectiveness of the third party anti-virus software and excludes any loss or damage caused by a virus which infects any electronic device, computer, PC, server or network owned or used by you.

7. Advertising and use of computational resources

As consideration for your rights under this Agreement, you agree that (i) Unless you subscribe to an Advert Free desktop, which is available as the default subscription, POC and its business partners have the right to provide advertising and other information to you, and that (ii) POC has a right to allow the Service to utilise the processor, bandwidth and storage hardware on your computer or other relevant device for the limited purpose of facilitating the communication and transmission of content and other data or features to you and other users of the Service, and to facilitate the operation of the network on which the Service runs.

8. Customer support

Requests for support MUST ONLY be made from with the support page located on each and every POC desktop. If a user is unable to access their hosted desktop access to the support page is possible by clicking on the support tab located on the POC Desktop log in page located at https://desktop.pocster.com/Portal/auth/login.aspx

Requests for support received via any other method will not be subject to the POC Service Level Agreement

9. Service Level Agreement (SLA)

  • The Service Level Agreement for User Support Requests is defined in the following table:
Item Specification
Users Location US
Service Time Zones PST, MST, CST, EST (as adjusted for Daylight Saving Time)
Business hours 9am – 5pm
Business week Monday to Friday, except public holidays
User Support requests target response time Business Hours during Business Week: 4 hours
Outside of Business Hours during Business Week: 8 hours
All Hours Outside of Business Week: 24 hours
   
Users Location UK
Service Time Zones GMT (as adjusted for British Summer Time)
Business hours 9am – 5pm
Business week Monday to Friday, except public holidays
User Support requests target response time Business Hours during Business Week: 4 hours
Outside of Business Hours during Business Week: 8 hours
All Hours Outside of Business Week: 24 hours

10. Term and termination of Agreement

This Agreement will become effective in relation to you when you create an account or when you start using the Trial or subscription based Service or any applications contained therein and any upgrades authorised by you via the POC store, and will remain effective until terminated by you or by POC. You may cancel your subscription of the Service or parts of the service at any time in writing to POC via admin@pocster.com or your participation in a 14-Day Trial in writing to POC via canceltrial@pocster.com. POC must receive your request to cancel your subscription to the service or parts of the service no later than 5 working days before it renews each month, quarter or year in order to prevent the billing of your next months, quarters or years subscription fee to your credit card. Your request to terminate your service or parts of your services shall have immediate effect and your access to these services will be denied. POC DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS, QUARTERS OR YEARS. POC reserves the right to terminate this Agreement or suspend your access to the Service at any time in case of unauthorised, or suspected unauthorised use the Service whether in contravention of this Agreement or otherwise. If POC terminates this Agreement, or suspends your access to the Service for any of the reasons set out in this section, POC shall have no liability or responsibility to you, and POC will not refund any amounts that you have previously paid.

By terminating your trial or paid for subscription of the Service, you acknowledge and accept that it is your sole responsibility to have made backups or copies of any content stored within the POC Hosted Desktop that you made need future access to. You fully consent to your access to the Hosted Desktop and all material that you created and/or stored within the POC to be suspended on the date of termination. All content remaining in your Hosted Desktop account after the termination of the account will be accessible for a period not exceeding 60 days by putting a request in writing to admin@pocster.com. A data storage and retrieval charge will be levied to you for this data retrieval and POC can not be held accountable in any way any losses resulting from post account termination deletion of data.

11. No warranty

The use of the Service (including but not limited to its content) is at your own risk. The Service is provided on an “as is” and “as available” basis. To the fullest extent possible under applicable law, POC gives no warranty, express or implied, as to the quality, content and availability or fitness for a specific purpose of the Service therein. In addition, POC does not warrant, endorse, guarantee or assume responsibility for any third party applications, third party application content or any other product or service advertised or offered by a third party on or through the Service or any hyperlinked website, or featured in any banner or other advertising. Consequently POC will in no way be responsible for any transaction between you and third-party providers of third party applications or products or services advertised on or through the Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from POC shall create any warranty on behalf of POC in this regard.

12. Limitation of liability

In no event shall POC, its affiliates, officers, directors, employees, licensors or any third parties be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss) arising out of the use of or inability to use The Service (including but not limited to its content), third party applications or third party application content, even if you have advised POC about the possibility of such loss, and including any damages resulting therefrom.

Your only right with respect to any problems or dissatisfaction with the Service is to uninstall or stop using the Service provided by POC the third party applications or the third party application content.

Nothing in this Agreement removes or limits POC’s liability for fraudulent misrepresentation, death or personal injury caused by its negligence.

13. Indemnity

You agree to indemnify and hold POC and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of any laws, regulations or third party rights.

14. Intellectual property

POC respects intellectual property rights, and expects you to do the same. Please note therefore that the Service, and the content provided through the Service is the property of POC and protected by intellectual property rights (including but not limited to copyright) and that you do not have a right to use the Service (including but not limited to its content) in any manner not covered by the Agreement. Furthermore, you must not infringe any third party’s intellectual property rights in using the Service or any applications contained therein, which means that (for example) you may not import or copy any music or videos which you have not legally acquired and have the right to so import or copy into the Service.

Further, you may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the Service.

POC owns various trade marks and registered trade marks (the "marks"), a list of which can be obtained from us.  You may not use those marks, and/or any third party trade marks that appear on the Service, other than as permitted by express written licence from the licensor or by law.  In particular, but without limit, you may not use the marks as meta-tags and you may not sponsor them in search engines. All goodwill in your legitimate use of the marks shall accrue to POC. Please notify POC immediately if you become aware of any infringement of the marks.

15. Technology limitations and modifications

POC will make reasonable efforts to keep the Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. POC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Service with or without notice.

16. Privacy

You agree that POC has a right to collect and process your personal information in accordance with the POC Privacy Policy.

17.POC 14-Day Trial

By choosing to try the POC Service for free for a period not exceeding 14 days, you are not committing to any payment for the use of the POC trial desktop during this period. During the trial period, you are free to use and test the POC desktop with a view to ascertaining that it is suitable for your future needs.

For the duration of the trial, POC will provide you, the user with a MS Windows 7 Style Hosted Desktop, MS Office 2010 Standard and 2GB personal Cloud Storage space. You may disclose that you are a participant in a POC 14-day trial, and during this trial period you will be able to: • Carry out sufficient testing to enable you to make an informed choice of the suitability of the POC Service for your personal or business use requirements . • You will not display or provide access to the Services to any other person. • Use your best efforts to secure your system and the Trial against unauthorised access or disclosure. • Delete and destroy all information related to a Trial in your possession or control immediately upon the end of the Trial, and confirm deletion and destruction of such information if requested to do so by POC.

The POC trial desktop includes the POC Store, from where additional services can be requested. As a trial user, you are allowed access to the POC Store in order to change your package from a free trial to a paid for subscription. The POC store Clearly states that by changing your package selection or by adding additional services from the POC store and by completing the payment process, you have chosen to end the trial with immediate effect and will convert to a paid for service.

During the course of the free trial, you will receive at least two e-mails from POC giving you the Trial user the opportunity to upgrade the service, via the link contained within the e-mail , from a trial to a subscription based service for the POC Silver Business Lite monthly desktop. By accepting, the upgrade offer via the enclosed link, your trial will continue until the end of the free 14 day period, and your paid for subscription will commence on day 15 after you started the trial.

As a Trial user, you agree to: • Test and evaluate the Service product and/or devices to be used with the Trial, including, but not limited to, the audiovisual content, included features, the functionality, the capabilities, day to day operation, Service performance and device specific performance. • Inform POC of any bugs or other defects you may encounter in connection with the Service. • Receive all software updates and upgrades if any that POC sends to you via the Service to your computer, or to any hardware or software associated or used in connection with the Service • Comply with any reasonable requests and instructions from POC in connection with the Trial, which may be provided from time to time during the Trial• Provide POC with your comments, evaluations, suggestions, and recommendations regarding the Trial(“Feedback”), all as voluntarily provided by you or as may otherwise be requested by POC. All Feedback that you provide or make available to POC during a Trial, however communicated by you and whether at POC’s request or not, shall be the sole and exclusive property of POC from that point onwards, and you hereby irrevocably assign to POC all of your rights, title and interest in and to such Feedback, including, without limitation, any and ALL intellectual property (IP) rights in or to any such Feedback. Without limiting the generality of the preceding sentence, you agree that POC and its successors, assigns and licensees shall have the perpetual and irrevocable right to reproduce, modify and otherwise use and exploit all of the Feedback (and any and all portions and derivatives thereof) in any manner now known or hereafter devised for any purposes, including, but not limited to, in connection with the development and exploitation of the Service or any other product or service, without any compensation or the provision of any credit to you. You hereby agree to waive all “moral rights” with respect to all Feedback and all copyrights therein to the extent such moral rights can be waived under the existing law of any jurisdiction, and all uses thereof, and consent to any action of POC that would violate such moral rights in the absence of such waiver or consent.

You may cancel the trial at any stage by sending an e-mail to canceltrial@pocster.com. Upon receipt of your request to cancel the trial, access to your trial desktop will be immediately suspended. It is your sole responsibility to ensure that any data stored within the desktop is backed up on your local device, if you do not plan to convert the trial into a paid for desktop. POC can not be held liable in any way for the loss or deletion of data or files created as part of the trial.

If you do not send a cancellation notice to POC during the 14 day period, or upgrade from a trial to a subscription service via the POC Store included with the Trial desktop during the trial, then on day 15 access to the trial desktop will be automatically suspended. On day 15 you will also receive an e-mail to the e-mail box you used to register for the trial, providing you with a link to set up a subscription service with POC. The subscription link sent to you on day 15 will enable you to choose the number and type of desktops that you want to subscribe to.

18. Entire agreement

This Agreement together with the POC Privacy Policy constitutes all the terms and conditions agreed upon between you and POC and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of these Agreements in any written or oral communication from you to POC are void. You agree and accept that you have not accepted the terms and conditions of this Agreement in reliance of or to any oral or written representations made by POC not contained in this Agreement.

19. Refund/Cancellation Policy

You may cancel your subscription with POC at any time in writing to admin@pocster.com, and provided your request to cancel is received at least 5 working days prior to collection of the next recurring payment, then future recurring payments will either cease or in the case of a Parent reducing the number of child desktops associated to the account, the amount will be reduced accordingly for the next collection, except in cases whereby a contract has been entered into. In terms of bespoke contracted periods, payments will be collected for the remainder of the contracted period unless paid in full by the end user on cancellation. Refunds will not be given for pre-paid services unless POC has failed to meet it’s obligations under this contract or a mistake has been made in end user payment processing. In both of these instances refunds will be processed within 10 business days.

20. Severability

Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.

21. Delivery Policy

The POC desktop and related products are provided solely online as Software as a Service (SaaS). Delivery times of the various services POC provides may vary, however all are governed by a 24-hour service level agreement unless otherwise stated.

22. Matters Beyond our reasonable control (force majeure)

If we cannot do what we have promised in this agreement because of something beyond our reasonable control such as lightning, flood, or exceptionally severe weather, fire or explosion, civil disorder, war, or military operations, national or local emergency, anything done by government or other competent authority or industrial disputes of any kind, (including those involving our employees), we will not be liable for this.

23. Governing law and disputes

This Agreement will be governed by and construed in accordance with English law, and any disputes relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of England.

24. English version prevails

In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall always prevail to the extent that such discrepancy is the result of an error in translation.