Terms of Agreement for Customers using Tibus Self-Service Products

Terms of Agreement for Self-Service Products and Services

1. Who this Agreement applies to
   1. These Terms of Agreement apply to all customers that use Tibus self-service 'unmanaged' products and services; where those customers do not have prior alternative terms agreed with Tibus.
   2. They do not apply to Tibus clients that have individual Master Services Frameworks (MSF) and Statement of Services Provided (SSP) negotiated with us. In these cases, the relevant MSA and SSP documents govern the contractual relationship between, and the rights and obligations of, Tibus and the client concerned.
      
      
2. The Parties to this Terms of Agreement
   1. When we talk about "we" or use words like "us" and "our", we are referring to Tibus. Tibus is the Internet Business Ltd, Company No. NI-31235. Our registered company address is Level 7, City Quays Plaza II, Belfast, N.Ireland, BT1 3HF.
   2. When we talk about "you" or use words like "your" and "yours" we are referring to the Customer. The customer is the entity ordering and / or consuming Tibus services under this Terms of Agreement.
   3. By accepting this Terms of Agreement you are legally binding the company or organisation you represent into this Agreement with Tibus.
        
3.  Your account on the Tibus self-service system
   1. You must create a User Account on our systems in order to use them.
   2. When you create your User Account, you are bound by these Terms of Agreement. 
   3. Your User Account will be a critical contact point for us, so take care that the email address you choose to use is one that you will be able to access at all times.
   4. You must make sure that your User Account is kept up to date, particularly your email address, as this is how we communicate with you about important operational issues and payment matters.
   5. You must never share your User Account access details with anyone, even with other members of your own organisation. If they need a User Account, they need to create one of their own.
   6. You must be at least 18 years old to create a User Account with Tibus, even if you reside in a jurisdiction that permits contract formation by people that are under 18 years old.
   7. Your User Account must be created using one of the Single Sign-On (SSO) Authentication systems we offer such as GitHub, Google and validation by email. 
   8. It is your responsibility to choose an appropriate password. The minimum complexity requirement will be set by us.
   9. You must protect your password at all times and it is your sole responsibility to do so. You should tools such as Safari KeyChain, PassBolt, 1 Password or other commercial password management tools.
   10. If you believe for any reason that your password or User Account has been compromised, breached, hacked or otherwise exposed, you must contact us immediately.
       
       
4. Payment for Services
   1. You must pay for the services you provision and / or consume on the Tibus Self-Service Systems.
   2. Where you have service credits or promotional codes from us, you may use these as payment for our services provided, in line with any specific terms of those credits or codes.
   3. We utilise 3rd party payment providers such as, but not limited to, Stripe. Your must ensure that you are compliant with the Terms and Conditions for those 3rd party payment providers and it is your responsibility to do so.
   4. It is your responsibility to sure that you pay all the taxes, duties and levies due in the jurisdiction or jurisdictions that are relevant for you and your organisation. 
   5. The payment format we accept is dependent on the type of service(s) you take from us but often include Credit Card, Debit Card, Direct Debit, Apple Pay, Google Pay and delayed payment provision formats such as Klarna.
   6. Your payment format is solely your responsibility to maintain. You must ensure that your payment format has sufficient funds available, has not expired and is otherwise accurate and up-to-date. 
   7. If you cancel your payment format (e.g. because it is lost, stolen or you have changed bank) you must inform us of this cancellation. 
   8. You must have a valid payment format logged with us at all times, in order to utilise Tibus services.
      
      
5. Suspension and Termination 
   1. Where we are unable to take payment from you for the services you use, we will endeavour to contact you in order to resolve the issue.
      1. Where we cannot resolve the payment arrears we will suspend your account. Some or all of your services will be unavailable for the duration of this suspension. 
      2. After a period of suspension we will terminate your account. You will not be able to recover your services from this position, but you may be able to recover your data following settlement of any arrears due. 
      3. After a period of termination we will delete your data completely and this process is non-reversible.
   2. It is your sole responsibility to maintain an accurate and up-to-date payment format, in order to avoid risk of service suspension, termination and data deletion. 
      
      
6. Content and Data
   1. If you use Tibus systems to host content or store data, it is your sole responsibility to maintain that Content and Data.
   2. We are not responsible for any content or data hosted on the service provided to you, whether you own that content and data, or whether that content and data is owned by another party.
   3. You explicitly acknowledge and agree that you are solely responsible for the accuracy, legality, and appropriateness of all content and data uploaded, stored, or transmitted using the service(s) we provide to you.
      
      
7. Acceptable Use of our Services
   1. You agree to abide by our Acceptable Use Policy (AUP) at all times. 
   2. Our AUP is published on our website at https://www.tibus.com/acceptable-use-policy-aup/ and is updated from time-to-time in order to stay current with technology and the Internet in general. 
   3. When we make changes to our AUP, we will endeavour to tell you about these changes by contacting you via your User Account contact details.
   4. It is your responsibility to know and understand what our AUP means for you and your organisation. 
      
      
8. Privacy 
   1. These Terms of Agreement are subject to Tibus Privacy Policy.
   2. Our Privacy Policy is published on our website at https://www.tibus.com/privacy-policy/ and is updated from time-to-time in order to stay current with technology and the legal environments in which we operate. 
   3. When we make changes to our Privacy Policy, we will endeavour to tell you about these changes by contacting you via your User Account contact details.
   4. It is your responsibility to know and understand what our Privacy Policy means for you and your organisation.
       
9. Licences and 3rd party software
   1. If you use our services to run 3rd party software, you must ensure that you have licensed that software according to the conditions imposed by that 3rd Party software provider.
   2. Any software licences that you require are separate to this Agreement and they are your sole responsibility to arrange and manage directly with the vendor concerned. 
      
      
10. Service availability
    1. We commit to a Target Service Availability level of 99.999%. This is not a guaranteed service level and no service credits are available for our unmanaged or self-service products. If you require guaranteed service levels please contact us to discuss Managed Services, where we offer Service Level Guarantees. 
    2. Our Service Level Targets exclude reasonable periods of system maintenance and updates that require downtime to apply and execute.
       
       
11. Warranties, Indemnities and Limitation of Liability 
    1. All representations or warranties, whether written or oral, express or implied by statute, common law or otherwise are hereby excluded.
       1. We make no representation, whether express or implied, regarding the fitness of the services we provided for any purpose, even where you explicitly tell us what you plan to use our services for.
       2. We give no warranty, whether express or implied, regarding the fitness of the services we provided for any purpose, even where you explicitly tell us what you plan to use our services for.
       3. We will accept no liability, whether express or implied, statutory, under common law or otherwise for the fitness of the services we provided for any purpose, even where you explicitly tell us what you plan to use our services for.
    2. By accepting these Terms of Agreement you indemnify us from and against any and all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us in connection with:
       1. our storage, handling and processing of any of your content or data;
       2. any failure of you to obtain appropriate licences and / or consents in accordance with your obligations under these Terms of Agreement, including any subsequent revocation or non-renewal of any such licence;
       3. any failure by you to to ensure your compliance with Applicable Law in accordance with your obligations under these Terms;
       4. any other breach of these Terms by you.
    3. Nothing in these Terms shall limit or exclude our liability or your liability for:
       
       1. death or personal injury caused by negligence, or the negligence of employees, agents or sub-contractors
       2. fraud or fraudulent misrepresentation
       3. any other liability which cannot be limited or excluded by Applicable Law.
    4. In no event shall we be liable for any loss, destruction, alteration or disclosure of content or data caused by any third party.
       
       
12. Confidentiality
    1. We may supply Confidential Information to you, in relation to the provision of our services to you. You must not use any Confidential Information about our services (unless agreed by us), other than to use our services under this Terms of Agreement.
    2. You will must use all reasonable measures to avoid disclosure or use of Confidential Information. Reasonable measures are those that you take in your own organisation, or that someone would take in similar circumstances to protect their Confidential Information.
    3. Confidential Information includes information about our technology, customers, business plans, marketing and sales activities, finances, operations and other business information.
    4. Confidential Information does not include any information that becomes publicly available or can be shown to have already been known to you at the time of your receipt of it from us.
    5. If you receive any information from us that is designated confidential or would reasonably be understood to be confidential, you must notify us immediately and you may be asked to destroy it. 
       
       
13. Jurisdiction
    1. This Agreement will be subject to the laws of the Republic of Ireland.
       
       
14. No partnership or Agency
    1. Nothing in this Agreement constitutes a partnership, Agency or joint venture of any kind between you and Tibus.
    2. Neither you or we have the authority to act as Agent for, or to bind each other to a 3rd party in any way.
       
       
15. Changes to this Agreement
    1. Tibus may make reasonable changes to this Terms of Agreement at its sole discretion.
    2. We will communicate these changes to you via the contact methods your define in your User Account. 
    3. We will update the "last revision" to reflect the most current version governing the Agreement.

LAST REVISION: 24th April 2024