Who is Attest?
We are a company called Attest Technologies Limited and our registered office is at Attest Technologies Limited, c/o Attest, Notcutt House, 36 Southwark Bridge Road, London, SE1 9EU, United Kingdom. Our VAT number is 212319254. Throughout these terms and conditions (hereafter referred to as “these Terms”) we shall refer to ourselves as “Attest”, “we”, “us”, or “our”.
The Attest Service enables you to create an opportunity for one or more individuals, known as “Survey Respondents”, to respond to a survey of one or more questions (“Survey”) that you have created and uploaded to the Attest Service via our Survey portal, in order to elicit responses, and collect anonymous information from, Survey Respondents (a “Survey Opportunity”). Each completed response to a Survey Opportunity by a Survey Respondent is defined in these Terms as a “Survey Response”.
If you are using the Attest Service on behalf of an organisation, you agree to these Terms on behalf of that organisation and you confirm to us that you have the authority to do so (in which case the references to “you” and “your” in these Terms will also refer to that organisation).
By signing up for and/or using the Attest Service you are deemed to have accepted these Terms and our Agreement, which will bind you and your organisation. If you do not accept these Terms or the Agreement, you should not, and are not permitted to, use the Attest Service.
If you wish to make a complaint or report any matters arising out of these Terms, please contact us at firstname.lastname@example.org.
YOUR RIGHTS TO USE THE ATTEST SERVICE
Thank you for using the Attest Service. We provide you with a limited, revocable, non-exclusive, non-transferable, personal and terminable licence and use the Attest Service but only on the terms and conditions of these Terms. This licence may be revoked at any time by us and without notice to you.
We allow you to access and use the Attest Service on the terms and conditions of these Terms, to:
- create Survey Opportunities for Survey Respondents;
- create and modify your personal account with the Attest Service (“Survey Maker Account”) in order to ensure that your contact details are kept up-to-date during the Term; and
- receive the Attest Service.
WHAT WE ASK YOU NOT TO DO
To make sure we provide the best possible service to our Survey Makers and Survey Respondents, there are a few things that we ask you not to do. For example, you agree (unless where permitted by applicable law or approved by us in writing) not to:
- knowingly withhold information which may affect Attest's ability to provide the Attest Service to you or others, or the security or integrity of the Attest Service;
- use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access the Attest Service, or to search, display or obtain links to any part of the Attest Service. Any such use or attempted use of an automated program shall be a misuse of the Attest Service. Obtaining access to any part of the Attest Service by means of any such automated programs is strictly unauthorised;
- use the Attest Service to impersonate any person, or to misrepresent your identity or your organisation's identity, or your or your organisation's affiliation with any person;
- share the login name and password issued to you by Attest for your Survey Maker Account with any other person (although they are welcome to set up their own Survey Maker Account), including other Survey Makers, and we ask you to keep such login name and password secure and confidential;
- create, transmit or introduce into the Attest Service any programs, viruses, malware, or other type of malicious software, or links to such software, that could disrupt or harm the proper operation of the Attest Service or incite another to do so;
- engage in sending unsolicited messages to any number of users on or via the Internet on the Attest Service;
- upload, store or download any material that is, or appears to be, unlawful, illegal or in any way harmful (for example, threatening, abusive or obscene), defamatory, or infringing third party copyright, trade mark, or other intellectual property rights (together, “Prohibited Material”), or otherwise use the Attest Service for any purposes which would be prohibited under applicable law;
- attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit or distribute all or any portion of the Attest Service (as applicable) in any form or media or by any means;
- misuse the Attest Service by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide;
- circumvent, or attempt to circumvent, any limitations that Attest imposes on your Survey Maker Account (such as by opening up a new Survey Maker Account to create a Survey Opportunity that we have closed for a Terms violation);
- unless authorised by Attest in writing, probe, scan, or test the vulnerability of any Attest system or network;
- engage in abusive or excessive usage of the Attest Service, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Attest Service for other users;
- use the Attest Service to infringe the Intellectual Property Rights (as defined in clause 7.1 below) of others, or to commit an unlawful activity;
- represent, resell or lease the Attest Service without the express written consent of Attest or entering into an Attest sanctioned “Attest Service Reseller Programme”;
- attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Attest Service;
- build any product or service using any part of the Attest Service which is similar to, or competes with, the Attest Service;
- license, sell, rent, transfer, assign, distribute, display, disclose or otherwise commercially exploit or otherwise make the Attest Service available to any third party; or
- attempt to obtain, or assist third parties in obtaining, access to the Attest Service, other than as permitted in these Terms.
WHAT TO DO IF YOU NOTICE SOMETHING THAT YOU THINK SHOULD NOT BE ON THE ATTEST SERVICE OR COMMUNICATED TO YOU?
If you become aware that any material uploaded to, stored in or transmitted via the Attest Service which you think may constitute Prohibited Material, we ask you to notify us immediately by email to email@example.com of the existence of such Prohibited Material. Please be aware that Attest may disable and/or remove any Prohibited Material from the Attest Service without notice to you.
If your use of the Attest Service requires you to comply with industry-specific regulations applicable to such use, you acknowledge that you will be solely responsible for such compliance, unless Attest has agreed in writing with you otherwise. You may not use the Attest Service in a way that would subject Attest to those industry-specific regulations without obtaining Attest's prior written agreement.
Protecting the security of our Survey Respondents is of paramount important to us. We therefore reserve the right to take any steps we deem necessary to protect the security of our Survey Respondents and take measures to ensure they are not misled by Surveys used for fraudulent or other unlawful purposes.
We reserve the right to remove any Surveys that attempt to collect any personal data that can be used for fraudulent activity including, but not limited to, credit card numbers, passwords, or other similar types of sensitive information. We also reserve the right to remove any Surveys that publish (or attempt to publish) a person's personal data against their wishes.
We reserve the right to remove any Surveys that are intended to deceive or mislead Survey Respondents, including by linking to websites with malicious software such as malware.
THE SECURITY OF YOUR ACCOUNT
In order to protect you, Attest and other users of the Attest Service, if Attest suspects, or the Attest Service detects, an attempt to access your Survey Maker Account by someone else other than you, your Survey Maker Account will be suspended immediately. In such circumstances, Attest reserves the right to determine, at its sole discretion and without liability, whether to:
- reinstate your Survey Maker Account; or
- permanently disable your Survey Maker Account and terminate these Terms immediately on written notice to you.
You must notify Attest immediately by email to firstname.lastname@example.org, if you become aware of any unauthorised access to the Attest Service or your Survey Maker Account.
In order to ensure the integrity of the Attest Service we reserve the right, at our sole discretion, and without liability, to:
- temporarily prevent access to your Survey Maker Account;
- remove your Surveys or any Content (or any portion thereof) submitted by you to the Attest Service, where “Content” shall mean any text, images, media and branding relating to your organisation that you upload to the Attest Service in order to create a Survey Opportunity;
- permanently disable your Survey Maker Account and terminate these Terms immediately on written notice;
- take measures to prevent the further use of the Attest Service by you, including blocking your IP address; and/or
- terminate these Terms,
and to do so without any further liability to you or providing you with a refund of any fees paid by you in accordance with these Terms, if you are found to be in breach of any of these Terms.
HOW YOU USE THE ATTEST SERVICE
We ask you to keep your email address and, where applicable, your contact details and payment details associated with your Survey Maker Account current, up-to-date and accurate. Survey Maker Accounts are controlled by the entity whose email address is registered with the Survey Maker Account.
If you require them, you are also responsible for maintaining, protecting, and making backups of your Content and Survey Responses you receive. To the extent permitted by applicable law, Attest will not be liable for any failure to store, or for loss or corruption of, your Content or the Survey Responses you receive.
Attest may suspend or terminate your Survey Respondent Account, and delete any content contained in it, if there is no account activity (such as a log in event or payment) for over 12 consecutive months. This may also involve deleting, or otherwise revoking your access to, any unwithdrawn funds in your Survey Maker Account at the time of termination. However, we will attempt to warn you by email before doing so, to provide you with the opportunity to log in to your Survey Maker Account so that it remains active and funds remain available to you.
Whenever you make use of any features of the Attest Service, including those that allow you to upload Content to the Attest Service, receive Survey Responses from Survey Respondents, or make contact or interact with Survey Respondents, the following terms will apply:
- we are under no obligation to oversee, monitor or moderate any interactive feature or service that we provide on the Attest Service (including the content of Survey Responses, and we expressly exclude our liability for any loss or damage arising from the use of any interactive feature or service by a user in contravention of these Terms, whether the feature or service is moderated or not. However, you acknowledge that, in order to ensure compliance with legal obligations, Attest may be required to review certain content submitted to the Attest Service to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates applicable law or these Terms;
- where required by law, we may be require to invoke the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the Attest Service constitutes a violation of their Intellectual Property Rights (as defined in clause 7.1 below), or of their right to privacy, or is defamatory;
- we will not be responsible, or liable to you or any third party, for any of the content of Survey Responses (including the accuracy, completeness, reliability and fitness for purpose of such Survey Responses) or for your subsequent use of the Survey Responses (including sharing it publicly), and we exclude all warranties (whether express or implied) in relation to the content of Survey Responses to the maximum extent permitted by applicable law;
- we will not be responsible, or liable to you, for any Content posted by you or any other user of the Attest Service. You will remain responsible for the accuracy and completeness of your Content, and for any errors in such Content. You must ensure that you have all the rights and permissions needed to use your Content. Please do not use Content from the Attest Service unless you have first obtained the permission of its owner, or are otherwise authorised by law to do so; and
- we have the right to remove any Content that you post or upload to the Attest Service if, in our opinion, it does not comply with these Terms.
Please note that the views expressed by Survey Respondents using the Attest Service are those of the Survey Respondents and do not necessarily represent our views or values.
Any and all Content that you contribute to the Attest Service, and to any interactive features or services associated with it, must:
- be accurate (where they state facts);
- be genuinely held (where they state opinions); and
- comply with applicable law.
FEES FOR USING THE ATTEST SERVICE
A number of different payment options are available to you to allow you to purchase packages or subscriptions to the Attest Service, or pay individually for each Survey Opportunity created through the Attest Service. We ask you to make a payment on account (“Prepayment”) at the rates set out during the process of creating the Survey Opportunity or as part of your package (and repeated during final check-out and payment confirmation). We allow you to have the choice of making the Prepayment via a range of third party payment services selected by us, or through offline invoicing. By making payments through third parties, you also agree to be bound by their respective terms of service.
The Prepayment will be debited in equal portions each time a Survey Respondent completes and submits their Survey Response (for example, if the Prepayment is for 100 Survey Responses, the cost of 1 Survey Response will be deducted for each response submitted).
In the event that the full number of requested Survey Responses are submitted by Survey Respondents in response to a Survey Opportunity, the Survey Opportunity is considered complete and the balance of your Prepayment will be reduced to zero. You will be required to make further Prepayments in order to create additional Survey Opportunities.
Attest will deduct its commission (as specified in the Attest Service from time to time) each time a Survey Respondent submits a Survey Response to your Survey Opportunity and a debit from the Prepayment will be triggered in accordance with clause 6.2, with the balance of the relevant payment being allocated to the Survey Respondent for submitting the response to your Survey Opportunity.
In the event that fewer than the full number of requested Survey Respondents provide responses to your Survey Opportunity within the parameters set by the Survey Maker, your Prepayment will be refunded on a pro-rata basis by the value of the number of outstanding requests for responses. All Prepayment refunds will initially be made into your Survey Maker Account, but we will give you the option of returning the funds to your bank account at a later date (unless they have been used to make further Prepayments), should you wish.
All Prepayments and other sums payable under these Terms are exclusive of Value Added Tax and equivalent taxes in other countries which will be payable at the applicable rate during final check-out and payment confirmation.
Please be aware that you are responsible for paying any taxes (other than Attest's income tax) or duties arising out of or associated with any payments you make via the Attest Service, including any related penalties or interest.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all copyright, trade mark, patent, database, design and other intellectual property rights that subsist anywhere in the world (“Intellectual Property Rights”) in the Attest Service belong to Attest and its third party licensors and that you have no rights in, or to, the Attest Service or the content you access through the Services other than the right to access and use the Attest Service in accordance with the terms and conditions of these Terms.
These Terms do not grant you any right to use Attest's trade marks or other brand elements, so please do not use them without our express permission.
In consideration of the Prepayment for a Survey Opportunity, Attest will grant you a limited, sole, personal, non-transferable, non-sublicensable licence to use the Survey Responses for each Survey Opportunity you have paid for, so only you (and Attest) can use them.
You acknowledge and agree that all Intellectual Property Rights in:
- anonymous data gathered by Attest from you and Survey Respondents who respond to your Surveys (including, without limitation, data and aggregated data that we derive from your Surveys and the Survey Responses received in response to your Survey Opportunities) visiting or using the Attest Service (“User Captured Data”); and
- the content of Survey Responses received in response to your Survey Opportunities,
belong to, and shall belong to, vest in and remain vested in, Attest, and that you have no rights in, or to, User Captured Data or the content of Survey Responses received in response to your Survey Opportunities (other than in accordance with the licence granted to you in clause 7.3). You shall, if requested by Attest, enter into such assignments or other formal documentation as may be necessary or desirable to record or effect the vesting of the ownership of the User Captured Data and content of the Survey Responses created in response to your Survey Opportunities, in Attest.
Subject to clause 7.4, you retain ownership of all of your Intellectual Property Rights in your Content and the content of your Surveys. Attest does not claim ownership over any of your Content, and will not re-publish your Content in full without seeking your prior consent.
You hereby grant to Attest a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide licence (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit, host, and distribute:
- the content of any Surveys you upload to the Attest Service for any purposes in connection with the Attest Service, including (without limitation) publishing and making your Surveys available to Survey Respondents on the Attest Service (although we will not re-publish or offer other entities insight on parts of your Surveys or your entire Surveys, and the results of such Surveys, without your permission); and
- any other Content you upload to the Attest Service (unless you request us not to use specific Content by notifying us at email@example.com, in which case we will of course uphold your wishes),
in any form, medium or distribution method now known or hereafter existing, known or developed. This licence also extends to any trusted third parties we work with to the extent necessary to provide the Attest Service to you.
If you are an organisation, you hereby grant to Attest a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, sub-licensable, worldwide licence to use, reproduce, display, publish, transmit, host, and distribute your organisation's name, trade marks (whether registered or unregistered), logos and other branding (together, "Branding"), and all Intellectual Property Rights subsisting therein, for our marketing and promotional purposes. If you are using the Attest Service in your personal capacity, we will not use your name or Branding without your prior written consent.
Attest respects the Intellectual Property Rights of others, and we respectfully ask you to do the same. If you believe a Survey Maker is infringing upon your Intellectual Property Rights, you may report it by email to firstname.lastname@example.org, as may be updated from time to time.
CONFIDENTIALITY: YOUR OBLIGATIONS TO US
You acknowledge that, during your use of the Attest Service, you may receive or have access to Confidential Information. “Confidential Information” means any information in any form (whether written, electronic, graphic, oral or otherwise) relating to Attest, a Survey Maker or a Survey Respondent, or the customers, finances, sales, marketing, products, suppliers business, employees, business operations, projections, forecasts, management, prospective business, operations, strategies, technical processes, software, computer systems, source code, design documents, API, staff, Intellectual Property Rights or finances of Attest, a Survey Maker, or a Survey Respondent which comes into a party's possession by virtue of these Terms and which has been marked (or provided a similar designation) to be confidential at the time of disclosure, or could reasonably be expected to be regarded confidential or proprietary to Attest, a Survey Maker or the Survey Respondent.
You will keep all Confidential Information strictly confidential.
During your use of the Attest Service and for an indefinite period following the end of your use of the Attest Service, you will not use or disclose to any third party (and will use your best endeavours to prevent the publication or disclosure of) any Confidential Information. This restriction does not apply to:
- any use or disclosure authorised by us or required by applicable law; or
- any information which is already in, or comes into, the public domain otherwise than through your unauthorised disclosure.
CONFIDENTIALITY: OUR OBLIGATIONS TO YOU
- is or becomes public (other than through breach of these Terms by Attest);
- was lawfully known to Attest before receiving it from you;
- is received by Attest from a third party without knowledge of breach of any obligation owed to you; or
- was independently developed by Attest without reference to your Content or the Survey Responses.
AVAILABILITY OF THE ATTEST SERVICE
We will endeavour to keep the Attest Service available, but the Attest Service may be unavailable from time to time for various reasons. The Attest Service is made available to you on an “as is” and “as available” basis.
Attest will not be liable to you for any failure or inability to provide continuous, error free, uninterrupted services via the Attest Service caused by any circumstances beyond our control.
You warrant to Attest that you have the authority, capacity and ability to enter into these Terms, and to perform your obligations under these Terms.
You warrant that:
- you own or have permissions to use all Intellectual Property Rights in the Content;
- the possession and use by Attest of the Content for the purpose of providing the Attest Service will not infringe the Intellectual Property Rights of any third party or contravene applicable law; and
- any Content that is uploaded to, stored in or transmitted to the Attest Service will not be Prohibited Material.
This is an important clause so please read it carefully. In order to protect us, you will indemnify and undertake to keep Attest, its officers, servants and agents indemnified against any costs or expenses (including reasonable legal costs and the cost of any settlement) arising out of any claim, action, proceeding or demand that may be brought, made or prosecuted against Attest arising out of or as a consequence of a breach of these Terms by you, or an unlawful or negligent act or omission by you, or an infringement of any third party rights (including, without limitation, Intellectual Property Rights) which arise out of or are connected in any way with these Terms.
LIMITATION OF LIABILITY
This is an important clause so please read it carefully. You acknowledge that the Attest Service has not been developed to meet your individual requirements. You acknowledge that the Attest Service is provided on an ?as is' and ?as available' basis. Attest gives no condition, warranty, undertaking or representation to you, whether express or implied, in respect of the suitability, or fitness for purpose, of the Attest Service. This does not affect any statutory or other rights available to you.
Nothing in this Agreement excludes or limits the liability of Attest for death or personal injury caused by Attest's negligence or for fraudulent misrepresentation other liability that cannot be excluded or limited by applicable law.
Attest's total liability to you in contract, tort, (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of Attest's obligations under these Terms shall be limited to the lesser of: (i) the aggregate of your total amounts paid to Attest during the 3 months prior to the event giving rise to the liability or (ii) £10,000.
Attest shall not be liable for defects resulting from the improper use of the Attest Service by you, other Survey Makers or Survey Respondents, or by any other third party.
Attest shall not be liable to you whether arising under these Terms or in tort (including negligence or breach of statutory duty), misrepresentation or however arising, for any Consequential Loss. “Consequential Loss” shall for these purposes mean: pure economic loss; loss of profits (whether categorised as direct or indirect, actual or anticipated); losses arising from business interruption; loss of business revenue, loss of income, loss of goodwill or reputation, anticipated savings; losses whether or not occurring in the normal course of business, wasted management or staff time; and loss or corruption of data.
Attest may terminate these Terms immediately on written notice to you (which includes email) at any time if you breach any of these Terms.
Upon termination for any reason:
- all rights and licences granted to you under these Terms shall cease;
- you must cease all activities authorised by these Terms;
- you shall have no right to use, reproduce, perform, display, distribute, install or test the Attest Service, or any other items provided by Attest to you in relation to the use of the Attest Service.
The following clauses will survive termination of these Terms together with any other terms of these Terms or this Agreement that contemplate performance or obligations after termination: 7 (INTELLECTUAL PROPERTY RIGHTS), clause 9.1 (CONFIDENTIAL INFORMATION), clause 12 (INDEMNITY) and clause 13 (LIMITATION OF LIABILITY), and 16 (OTHER IMPORTANT TERMS).
ACTS BEYOND OUR CONTROL: FORCE MAJEURE
Sometimes the Attest Service may be impacted by events beyond our reasonable control, known as “Force Majeure” events. “Force Majeure” means anything outside of our reasonable control, including, but not limited to, acts of God, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, war, rebellion, sabotage, epidemic, labour dispute, power shortage, network failure, server crashes, deletion, corruption, loss or removal of data, including, without limitation, where you cease to be entitled to access the Internet or cease to have access to the Internet, for whatever reason, any act or omission (including laws, regulations, disapprovals or failures to approve) of any government or government agency.
If Attest is wholly or partially precluded from complying with its obligations under these Terms by Force Majeure, then Attest's obligation to perform in accordance with these Terms will be suspended for the duration of the period of Force Majeure.
OTHER IMPORTANT TERMS
Attest may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to the Attest Service, and to account for new services or functionality. Any changes will be posted on this page. Attest may also provide notification of changes via email or on the Attest Service. Changes will be effective as soon as they are publicly posted.
In order for certain changes to become effective, applicable law may require Attest to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to these Terms, you should stop using the Attest Service, because by continuing to use the Attest Services you indicate your agreement to be bound by the updated terms.
Attest is looking to constantly change and improve the Attest Service. Attest may add, alter, or remove functionality from the Attest Service at any time without prior notice to you.
We may remove Content from the Attest Service at any time in our sole discretion, although we will endeavour to notify you before we do that if it materially impacts you, and if practicable under the circumstances.
You may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these Terms, without our prior written consent.
We may at any time assign, transfer, charge, subcontract, or deal in any other manner with all or any of our rights under these Terms, and we may subcontract or delegate in any manner any or all of its obligations under these Terms to any third party or agent.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
If a court or any other competent authority finds that any provision (or part of any provision) of the Agreement is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of these Terms will not be affected.
Nothing in the Agreement is intended to, or will be deemed to, constitute a partnership or joint venture of any kind between the parties, or constitute any party the agent of the other party for any purpose. No party will have authority to act as agent for, or to bind, the other party in any way.
A person who is not a party to the Agreement will not have any rights under or in connection with it.
Nothing in the Agreement will render you an employee, worker, agent, joint venture or partner of Attest, and you will not represent or hold yourself out as such.
The Agreement constitutes the entire agreement between you and us in relation to your access to the Attest Service. You acknowledge and agree that you have not relied on any statement, promise or representation made, or given by, or on behalf of, Attest which is not set out in these Terms. Nothing in this clause shall limit or exclude any pre-contractual liability for fraud.
These Terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law and you and Attest irrevocably submit to the exclusive jurisdiction of the courts of England and Wales over any action, claim or matter arising pursuant to, or in connection with these Terms.