Terms of Service
Effective as from January 18, 2013.
1.1. Thanks for choosing the greenest office (“the greenest office”, “we”, “us”, “our”). By accessing or using http://thegreenestoffice.com, any of its sub-domain websites, the greenest office service, or any applications (including mobile applications) made available by the greenest office (together, the “Service”), however accessed, you are agreeing to be bound by the following terms of service (“Terms”).
1.2. The greenest office reserves the right to update and change the Terms from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms at any time at: http://thegreenestoffice.com/terms.
1.3. These Terms of Service affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Service, do not access or use the Service.
2. Service Access Conditions
2.1. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
2.2. If you are a ‘minor’ (not of legal age), you are entering our service with the knowledge and approval of your legal guardian.
2.3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
2.4. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you deem appropriate.
2.5. You are responsible for maintaining the security of your account and password. The greenest office cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
2.6. You are responsible for all Content (“Content”) posted and activity that occurs under your account.
2.7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
2.8. You may not access the Service if you are a direct competitor of the greenest office, except with our prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
3. General Conditions
3.1. Your use of the Service is at your sole risk.
3.2. Technical Support (“Support”) is only provided to paying account holders and is email based (unless otherwise stipulated).
3.3. You understand that the greenest office uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology required to run the Service.
3.4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, The greenest office, or any other service associated.
3.5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of the greenest office.
3.6. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
3.7. You must not upload, post, host, or transmit unsolicited email or SMSs.
3.8. You must not transmit any worms or viruses or any code of a destructive nature.
3.9. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by the greenest office), we reserve the right to Suspend your account.
3.10. The failure of the greenest office to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms constitute the entire agreement between you and the greenest office and govern your use of the Service, superseding any prior agreements between you and the greenest office (including, but not limited to, any prior versions of the Terms of Service).
3.11. Questions about the Terms should be sent to email@example.com.
4. Third Party Applications
5.1. The greenest office does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) any stored data or the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
5.2. We endeavour to provide the best service we can, but you understand and agree that THE SERVICE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE SERVICE AT YOUR OWN RISK. THE GREENEST OFFICE DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, the greenest office does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party Application Content, User 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. You understand and agree that the greenest office is not responsible or liable 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 the greenest office shall create any warranty on behalf of the greenest office in this regard.
6. Payment, Refunds, Upgrading and Downgrading
6.1. A valid payment method (credit/debit card, bank account or Paypal account) is required to activate your account. Trial accounts are not required to provide payment details.
6.2. You (the Customer) shall pay all fees or charges accruing to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The Service is billed in advance and may be made annually, quarterly or monthly, or as otherwise mutually agreed upon basis and is non-refundable (or transferable). You are responsible for paying for all User Fees for Users ordered for the entire Term, whether or not such Users actually use the Service. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
6.3. You agree to provide the greenest office with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of a Service Administrator who will be responsible for and authorized to make all decisions concerning the Service on your behalf including act as a billing contact. You agree to update this information within thirty (30) days of any change to it. If the contact information you have provided is false or fraudulent, the greenest office reserves the right to terminate your access to the Service in addition to any other legal remedies.
6.4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
6.5. For any upgrade or downgrade in services, your chosen payment method will automatically be charged the new rate on your next billing cycle.
6.6. All pricing terms are confidential, and you agree not to disclose them to any third party
6.7. If you believe your bill is incorrect, you must contact the greenest office within 30 days of the date of the invoice containing the amount in question to be eligible to receive an adjustment or credit. Please email firstname.lastname@example.org with any such queries.
7. Termination and Suspension
7.1. the greenest office reserves the right at any time to modify, terminate or suspend the Service with or without notice.
7.2. Your system Administrator (“Administrator”), or a person with Administrator access, is responsible for terminating the Service.
They would do so by emailing: email@example.com, and stating when they wish to terminate the Service. After the request has been verified by a representative of the greenest office, the Service will be terminated immediately.
7.3. In the event of non-payment, you will have 5 business days (defined as Monday to Friday – excluding any public holidays) to make full payment on any outstanding balance or the Service will be suspended
7.4. All of your Content may be deleted from the Service upon termination. This information cannot be recovered once your account is terminated.
7.5. If you terminate the Service before the end of your current paid up month, your termination will take effect immediately and you will not be charged again.
7.6. The greenest office, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. The greenest office reserves the right to refuse service to anyone for any reason at any time.
8. Modifications to the Agreement, Service and Prices
8.1. Prices (“Prices”) of all Services, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to http://thegreenestoffice.com, by direct contact or via the Service itself.
8.2. Your system Administrator, or a person with Administrator access, is responsible for either increasing or decreasing the number of Active users accessing or using the Service. They would do so by editing the number of Active users in the Administrator account. Any subsequent change in Price and/or Billing amount (“Billing”) will be reflected in the following month’s Invoice (“Invoice”).
8.3. Your continued use of the Service after the communication of such price change to you constitutes an acceptance of such new price.
8.4. the greenest office shall not be liable to you or to any third party for any Modification, Price change, Suspension or Termination of Service.
9. Copyright and Content Ownership
9.1. We claim no intellectual property rights over the Content you provide to the Service. Any Content uploaded remains yours.
9.2. the greenest office does not screen Content, but We have the right to refuse or remove any Content that is available via the Service. If obligated to by law, we may pass on your Content to legal authorities.
9.3. You may not duplicate, copy, or reuse either our website content or application content without written consent from us. All rights reserved.
10. Limitation of Liability
10.1. You understand and agree that In no event shall the greenest office, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers or licensors be liable, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses (even if the greenest office has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute services resulting from any services obtained through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) inaccuracies, mistakes, miscalculations, or errors of content; (vi) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Service; (vii) any bugs viruses, Trojan horses, or the like, which may be transmitted to or though the Service by a third party; or (viii) any other matter relating to the Service, whether based on warranty, contract, tort, or any other legal theory. In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, you agree that the aggregate liability of the greenest office shall not exceed an amount corresponding to your monthly fee. Your only right with respect to any problems or dissatisfaction with the Service is to stop using the Service.
11.1. You agree to defend (at the greenest office’s request), indemnify and hold the greenest office, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers or licensors be liable, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by the greenest office in the defence of any claim. the greenest office reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of the greenest office.
12.1. Should any provision of the Terms be held by a Court of competent jurisdiction to be invalid, void or unenforceable (for any reason or to any extent), the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. This Agreement shall not be terminated by the merger or consolidation of the Company into or with any other entity.
13. Choice of law, mandatory arbitration and venue
13.1. Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the Terms are subject to the laws of England and Wales, without regard to choice or conflicts of law principles. Further, you and the greenest office agree to the exclusive jurisdiction of the courts of England and Wales to resolve any dispute, claim or controversy that arises in connection with these Agreements.
13.2. If you are a United States user, the following mandatory arbitration provisions also apply to you:
13.2.1. You and the greenest office agree that any dispute, claim or controversy arising out of or relating in any way to the Service or your use thereof, shall be determined by mandatory binding arbitration. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and the greenest office are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of these Agreements and the Termination of the Service. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the “AAA Rules”), as modified by these Agreements, and as administered by the AAA. You and the greenest office agree that these Agreements involve interstate commerce and are subject to the Federal Arbitration Act.
13.2.2. YOU AND THE GREENEST OFFICE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, no arbitrator shall consolidate any other person’s claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief.
13.2.3. Any arbitration must be commenced by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA’s Consumer Rules with the remainder paid by the greenest office. Any arbitration costs or fees deemed “excessive” will be paid by You.
14. English version prevails
14.1. 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 prevail to the extent that such discrepancy is the result of an error in translation.
15. Force Majeure
15.1. Neither party will be held responsible for any delay or failure in performance of any part of this Agreement to the extent that such delay is caused by events or circumstances beyond the delayed party’s reasonable control.
16. Entire Agreement
16.1. This agreement constitutes the entire agreement between the parties and supersedes all previous agreements (written or oral) between the parties in relation to its subject-matter.
16.2. Each party acknowledges that in entering into this agreement it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this agreement.
16.3. Nothing in this clause shall limit or exclude any liability for fraud.
Thank you for reading our Terms. We hope you enjoy the greenest office.
Copyright © 2013. All rights reserved.
Amarula Ltd., 145-157 St John Street, London, EC1V 4PY, United Kingdom