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Terms of Service
Please read these Conditions carefully.
These Conditions do not affect your statutory rights.

Statutory Information
Supplier: Away From My Desk Limited Registered in England and Wales, Company Number 07333624
Registered Office: 20 Apex Court, Bradley Stoke, Bristol, BS32 4JT
VAT registration No: GB 995599528

Services
The online provision of secure remote access and other Services

PLEASE NOTE: The set up and creation of secure remote access and other Services will commence immediately upon Registration in accordance with these Conditions. Secure remote access and other Services are provided upon request, either by telephone, email or postal communication.

Price
The current price for each part of the Services is shown on our website and will be clearly indicated before you conclude the agreement for the relevant Services you choose to receive.

Payment
Payment for the secure remote access and other Services is either by a Yearly or Monthly subscription as stated on Registration for the service(s) and ordered by you.

Yearly:
For a Yearly subscription, at the end of the trial period you will pay for one Year's subscription. At the beginning of the second and each subsequent Year you will pay for a further Yearly subscription for that Year unless you cancel the Services in accordance with our conditions of cancellation.

Monthly:
Each Month after the end of the trial period you will pay a Monthly subscription for that Month unless you cancel the Services in accordance with our conditions of cancellation.

Payment for the secure remote access and other Services is made on occasion that a service is requested.

See Section 4 of these Conditions for details.

Cancellation and Refunds
You may cancel the Services at any time in accordance with our conditions of cancellation and refunds.

See Section 7 of these Conditions for details

Complaints
In the event that you wish to complain your complaint can be sent by electronic mail to customer@awayfrommydesk.com or by post to Customer Services, Away From My Desk Limited, Kings Weston House, Kings Weston Lane, Kings Weston, Bristol, BS11 0UR.

1. Definitions
Some words and phrases used in these Conditions have special meanings. These meanings are set out below:

Agreement
means the contract between you and us which incorporates these Conditions

Web portal
means a personalised, secure website area where your secure remote access and other Services can be accessed and where the Services features can be utilised

Fee
means the fees for the Services as advertised on the website from time to time and confirmed to you on Registration, when you request them or at renewal

Month/Monthly
means each period of thirty (30) consecutive days (with the first period of thirty (30) consecutive days beginning on the day which immediately follows the end of the Trial Period and the second period of thirty (30) consecutive days beginning on the day which immediately follows the end of the first period of thirty (30) consecutive days, and so on)

Name
means the name specifically requested or allocated to you upon Registration and shall include any email address allocated to you

Payment method
means the details of the payment method specified by you

Registration
means online completion of your application (subject to verification) to register for the Services using the Website trial request form

Services
means the secure remote access service or any other Services which from time to time are provided by us to you using the Website and other technology we employ

Trial Period
means the period of time calculated and defined as such in Section 3 of these Conditions

Us, we or our
means Away From My Desk Limited

Website
means the Internet Website at address secure.awayfrommydesk.com or another Internet Website from which we choose to provide the Service

Year/Yearly/Annual
means each twelve calendar month period beginning on the day which immediately follows the last day of the Trial Period and each anniversary of the day which immediately follows the last day of the Trial Period

you or your
means the person named in the online Registration form

2. Registration for the Service
Before provision of the Services can begin you must complete Registration. The following applies to Registration:

The Services are an online subscription (either Yearly or Monthly) to our secure remote access service and other Services made available on the Website from time to time.

By completing Registration or accepting any changes to these Conditions notified to you in accordance with Section 11 you are agreeing to these Conditions.

The Fee payable by you for the Services will be confirmed during Registration or when requested by you and shall be payable in accordance with these Conditions (see Section 4). You agree to pay the Fees using a valid and authorised Payment Method bearing either your name or your organisation�s name; either by BACS, debit/credit card, or cheque. All payments must be made in pounds Sterling.

You must be over 18 years of age and during Registration (before you can receive the Service) you must provide us with accurate and complete information including your full name and business address details.

It is your responsibility to inform us of any changes to the above information by contacting us by email from your registered email address or by telephone.

Registration is for a single person only.

We do not permit any of the following:

Any other person sharing your Name; or

Access through a single Name being made by multiple users on a network.

You are responsible for use of the Website made by you or anyone else using your Name and for preventing unauthorised use of your Name. If you believe there has been a breach of security such as the theft or unauthorised use of your Name you must notify us immediately by contacting us.

Access will be provided to the Website once the user is validated through our online authentication systems, at which time the user will be assigned a secure identity and details of the identity will be emailed or posted to the user in a secure manner.

You will be emailed or posted details of the secure identity to the present email or postal address you provided at the time of your application, depending upon the nature of your secure identity. You will not be able to access the website for the first time until you enter details of the secure identity.

Following Registration and during the entire period you have access to the Services, you agree to comply with the Computer Misuse Act 1990 and/or the Data Protection Act 1998. You agree not to attempt to obtain information about any person other than you when using the Services.

3. Duration of the Agreement

Trial Period

The Agreement will commence upon successful completion of Registration.

Your 14 day trial period for the secure remote access service and other Services begins on the day of successful completion of Registration as described above and ends on the day which is 14 days later ("the Trial Period").

When we accept your Registration we will send you an automatically generated email confirming that you have successfully registered for the Services.

After the Trial Period

At the end of the Trial Period if this Agreement is not cancelled in accordance with Section 7 below, this Agreement will continue indefinitely.

4. Payments
Unless this Agreement is cancelled in accordance with Section 7 below, the Fees in relation to the secure remote access service and other Services will be debited by the Payment method on the following occasions:

For a Yearly subscription, on the first day of the first Year and each subsequent Year, for the duration of this Agreement. Renewal membership fees will conveniently and automatically be charged, at the then current rate, to the Payment method until you cancel this Agreement; or

For a Monthly subscription, at the beginning of each thirty (30) consecutive day period for the duration of this Agreement. Renewal membership fees will conveniently and automatically be charged, at the then current rate, to the Payment method until you cancel this Agreement.

By way of example only:

Example 1:
If successful completion of Registration is on the 1st March, then the first payment of the Monthly subscription Fee is on the 31st March, the second payment of the Monthly subscription Fee is on the 30th April, the third payment of the Monthly subscription Fee is on 30th May and so on.

Example 2:
If successful completion of Registration is on the 1st January, then the first payment of the Monthly subscription Fee is on the 31st January, the second payment of the Monthly subscription Fee (assuming there are 28 days in February) is on the 2nd March, the third payment of the Monthly subscription Fee is on the 1st April and so on.

Please note: The fees in relation to the secure remote access service and other Services are payable each time you request them and are not subject to the refund referred to in Section 7 of these Conditions. The payment for each service will be debited from the Payment method on each occasion that a secure remote access service and other Services are requested.

By agreeing to these Conditions you authorise us to use the information about the Payment method to verify your identity and set up your use of the Service.

You understand that this authority in favour of the payment method will remain in force unless and until you cancel it in writing. Cancellation of the authority in favour of the payment method will be considered as a request to terminate this agreement by you.

You understand that this authority in favour of the payment method will remain in force unless and until you cancel it in writing. Cancellation of the authority in favour of the payment method will be considered as a request to terminate this agreement by you.

You understand that this authority in favour of the payment method will remain in force unless and until you cancel it in writing. Cancellation of the authority in favour of the payment method will be considered as a request to terminate this agreement by you.

Please note that we are not responsible for any overdraft or "over the limit" charges or bank fees if your Payment Method account or facility contains insufficient credit or funds when the Fee is processed and charged to the Payment Method.

5. Provision of the Service
Provided that we receive the Fees the Services will be provided for the duration of this Agreement unless the Services are cancelled or suspended in accordance with Section 7 below. However, the Services may not be available when our computer systems used to provide the Services are under repair or maintenance. We will use our best endeavours to inform you of such repairs or maintenance in advance. Following the end of the Trial Period if you continue with this Agreement your online access to the Services relating to secure remote access and other Services will be unlimited.

We are continually seeking to improve the Services. We may, at our discretion, modify or discontinue any of the Services or content or a portion of the Service, provided such modification or discontinuance does not materially reduce the nature of the Services we provide to you. If such modification or discontinuance does materially reduce the Service, you may cancel the Services in accordance with Section 7 below.

All transactions are protected by secured socket layer (SSL) and firewall technology, Transactions are also encrypted to a minimum of 128/256 bits.

6. Cancellation and Refunds
You may cancel the Services and this Agreement at any time. However, because we begin to set up and provide the Services immediately following completion of Registration and in the case of secure remote access and other Services upon request, you will not be permitted to cancel this Agreement as provided by regulation 10 of the Consumer Protection (Distance Selling) Regulations 2000.

If you cancel the authority for us to charge the Fee to the Payment Method, we will treat this as a request by you to cancel this Agreement.

In relation to the other Services only, depending on when you cancel the Services and this Agreement you may be entitled to receive a refund of all or part of the Fee. Your cancellation must be communicated by contacting our Customer Service department by telephone, email or using our web site (see Contact Details). Your refund in respect of the secure remote access service and other Services Fees (if any) will be calculated up to the date we receive your notice of cancellation ("the Notice Date") in accordance with the following :

Yearly Subscriptions
Cancellation during the Trial Period: no charge to your Payment Method so no refund required

Cancellation after the end of the Trial Period but before the 91st day of the first Year : unless we agree with you otherwise we will subtract from the Fee the proportion of the Fee calculated as the number of whole days remaining of the 90 day refund period which operates for the first 90 days of the first Year in accordance with the following calculation : Fee minus ((N/360) multiplied by the Fee) = � refund amount Where N = the number of whole days since the start of the first year up to the Notice Date and 360 is the number of days for a complete year which for the purposes of calculating a refund is 12 x 30 days For example if you successfully registered on 1st August 2003 we will charge the fee to the payment method on 1st September 2003. If you cancel on 10th October 2003 40 days will have passed since 1st August 2003. The refund will therefore be calculated as Fee minus 40/360 x Fee = refund amount

Cancellation before the 31st day of the second and each subsequent Year: unless we agree with you otherwise we will subtract from the Fee a proportion of the fee calculated as the number of whole days remaining of the refund period which operates for the first 30 days of the second and each subsequent Year; where Fee - ((N/360) multiplied by the) Fee = � refund amount Where N = the number of days since the start of the second and each subsequent Year up to the Notice Date and 360 is the number of days for a complete year which for the purposes of calculating a refund is 12 months x 30 days For example if you successfully registered on 1st August 2003 we will charge the fee to the payment method on 1st September 2003 and again on 1st August 2004. If you cancel on 25th August 2004 25 days will have passed since 1st August 2004. The refund will therefore be calculated as Fee - 25/360 x fee

Monthly Subscriptions
Cancellation during the Trial Period: no charge to your Payment Method so no refund required

Cancellation after the end of the Trial Period: you will not be eligible for a refund of any amount you have paid for your current Month's subscription fee For Monthly subscriptions: cancellations on or before the last day of the then current Month are required for cancellation to be effective from the beginning of the next Month.

Please note: the fees in relation to the secure remote access service and other Services are payable each time you request them and are not subject to the refund referred to in Section 7 of these Conditions

We have the right, at our discretion, to suspend or cancel your Registration, use of the Service, this Agreement and/or provision of a secure identity immediately if we notify you that we have reasonable grounds to suspect that any information provided by you either before or after Registration is untrue or inaccurate or when there is any use of your Name which is not in accordance with these Conditions.

We may also suspend or cancel your Registration and terminate your use of the Services immediately if we notify you that

(i) we reasonably believe that your use of the Services is excessive or is likely to degrade the performance of the Services for other members subscribed to it
(ii) you have committed a serious breach of these Conditions
or
(iii) if you become bankrupt.
Without affecting your rights under Clause 7 above, we may also cancel your Registration and terminate your use of the Services by giving you notice provided that such termination will not take effect until the end of the current Year (for Yearly subscription) or the end of the current Month (for Monthly subscription).

7. Liability
If you have any of the following problems with the secure remote access service or other Services you must contact us as soon as possible:

You are unable to connect to the secure remote access service using the secure identity we supply; or

The secure identity you receive is damaged for reasons or circumstances beyond our or your reasonable control; or

The secure identity we supply that you receive appears to be materially inaccurate.

As soon as we receive and have verified your complaint we will re-supply the secure identity or otherwise replace any secure identity we supply at our own cost as soon as reasonably possible and in any event within 5 days of receipt of your complaint.

Due to the nature of the secure identity provided, you acknowledge and agree that the value, accuracy, and/or relevance of the secure identity will diminish after the secure identity is delivered by us, if disclosed to any other party unless in the strictest confidence and following a recorded procedure established for such purpose. In this context, we do not guarantee that the secure identity will retain any value, accuracy and/or relevance after delivery by us.

The Services supplied does not constitute any form of advice, recommendation or endorsement by us and are not intended to be relied upon by you in making (or refraining from making) any specific decision.

The Services may include and utilise software including informational or training software designed to help you utilise the secure remote access service and other Services.

We will use all reasonable skill and care in the supply of the Services to you. Due to the number of third party sources from which we obtain the Services and the nature of electronic distribution via the Internet we cannot give you a guarantee or warranty that any Service is complete, accurate, up-to-date or error-free, of a satisfactory quality or fit for any particular purpose.

We do not warrant that the Website or the Service is virus-free or that the operation of the Website will be continuous, uninterrupted or error free and you must perform your own checks to ensure your own safety online.

Any information that you download to your computer or otherwise obtain through the Website or Services is at your own discretion. You will be solely responsible for any damage to your computer or any of your data or for any consequential action that results from you downloading any information through our Website or Services connected with it. We exclude all warranties (whether express or implied) to the extent that we are legally allowed to exclude them.

Our liability to you arising in contract, tort or otherwise from your use or inability to use the Website or any Services or from any action taken (or refrained from being taken) as a result of using the Website or any Services is limited as follows (subject to any rights that you have under the Cancellation section in respect of the Services):

We have no other liability to you until we have received notice of your problem and our liability to you is limited to any amounts that you have paid to us for the Services;

We have no other liability for any problems, delays or defects in the Information if such problems, defects or delays are caused by any event or circumstances beyond our reasonable control;

We do not accept any liability to you for any indirect or consequential loss or damage arising out of the Information or your use of the Website; Nothing in these Conditions limits our liability to you for death or personal injury resulting from our (or our employees or sub-contractors) negligence or for any other liability that we cannot legally avoid.

8. Privacy
We take your privacy very seriously and aim to comply with the relevant provisions of UK data protection legislation, for which we are registered Data Controllers, any information given to us by you or collected by us during your use of the Website is only used in accordance with the Conditions of our Privacy Policy.

9. Third Party Websites
The Website contains links to other third party websites, either directly or through frames and, where possible, we will make clear where such links are being made. The availability of such third party material does not constitute any form of recommendation, endorsement or publication of such third party material by us. Those websites are provided by independent third parties and we are not responsible for their availability or content.

Any arrangements made between you and any third party named on this Website or linked to from this Website are at your sole risk and responsibility.

You may not link to the Website without our prior written permission.

10. Changes to these Conditions
Sometimes, because of changes to the Services, changes in the law or our arrangements with third parties, we may have to make changes to these Conditions. Changes will be indicated at the start of these Conditions by reference to the date on which they were last modified which may be after the date on which you complete Registration. It is important, therefore, that you regularly check these Conditions.

If you use the Website after we have notified you of the changes to these Conditions (either by email or on the Website), you agree to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Website any further and cancel this Agreement in accordance with Section 7.

11. Third Party Rights
Only you and we have legal rights under these Conditions. Under the Contract (Rights of Third Parties) Act 1999, no-one else will be able to enforce any part of the Conditions.

12. Law
These Conditions shall be governed by and understood in accordance with English law.

You and we agree that the Courts of England shall have the exclusive jurisdiction to determine any disputes which may arise out of, under, or in connection with this Agreement.

13. General
The contract for the Services can only be concluded in English.

The rights granted in this Agreement are personal. You may not assign, sub-license or otherwise transfer any of your rights under these Conditions.

If a court finds any part of these Conditions to be invalid such part will be deleted and the remaining parts of these Conditions should be unaffected.

If either of us fails to exercise any right or legal remedy available to either you or us any such failure shall not prevent you or us from relying on these at a later date.

Headings in these Conditions are for convenience only and will have no legal meaning or effect.

If you have any questions about these Conditions please contact us.