This document states the terms upon which the NetDocuments service, including an add-on services (collectively, the "Service") offered by NetDocuments Software, Inc. ("NetDocuments") is provided to the following users:
- a user who is a former member of a NetDocuments' customer organization and who still retains a NetDocuments log-in; or
- a user who is using the Service at the invitation of one of NetDocuments' customers, either through an External User account, ShareSpace, or Secure Link,
collectively referred to as 'External Users.'
References to 'Customer' mean an organization which has contracted to use the Service on a fee-paying commercial basis.
References to 'Data Controller,' 'Data Processor,' 'Personal Data,' have the meanings defined in the General Data Protection Regulation (“GDPR”), Regulation 2016/679. NetDocuments, acting as Data Processor will comply with the Data Processor sections of said regulation. NetDocuments stores all Customer and External User data on a server in the UK. Consistent with the requirements of the GDPR, NetDocuments shall:
- (i) act only on instructions from the Customer in respect of any Personal Data processed by NetDocuments;
- (ii) have technical and organisational measures in place against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data held or processed by it, appropriate to the harm that might result from such unauthorised or unlawful processing or loss, destruction or damage to Personal Data and the nature of the Personal Data;
- (iii) take reasonable steps to ensure the reliability of any of its staff who have access to personal data processed in connection with these terms; and
- (iv) not transfer the personal data to a country or territory outside the European Economic Area without ensuring the Personal data is afforded adequate protection within the meaning of the Data Protection Act or without the Customer's prior written consent.
As it relates to claims asserted by External Users, NetDocuments' liability for a breach of the data protection obligations set out above is limited to a maximum of £100 for each event or series of linked events.
User registration details
Use of the Service
You are solely responsible for the content of your files, and the Service acts only as a medium for your online creation, editing, and distribution of documents. You agree you will comply with all applicable laws, including laws and regulations that govern the import or export of the Services or Software, in your use of the Service and Software. You agree you will not use the Service in any way that could damage, disable, overburden, or impair the Service or network, communications equipment or computers connected to the Service, or that could interfere with any other parties' use or enjoyment of the Service, including the distribution of unsolicited bulk messages.
You must not attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through hacking, password mining or any other means, nor shall you commit an act or omission that facilitates such activity by another person.
You must not disable or bypass any functionality of the Service or assist another person's effort to harvest or otherwise collect information about others, including but not limited to user e-mail addresses for spamming or other purposes.
Termination of the Service
Your use of the Service is permitted on an 'at will' basis. It may be ended by NetDocuments and/or by the customer who granted you access at any time and without notice. You should not rely on the Service to store data which you need to retain.
Intellectual Property and License Rights
The Service and any necessary software used in connection with the Service contains proprietary and confidential information that is protected by intellectual property and other applicable laws. NetDocuments grants you a limited, personal, non-transferable, non-exclusive license, to use the NetDocuments website, Services, software, API, API-generated or derived utilities, and documentation to the extent which they may be provided by the Service. You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, reverse engineer, create derivative works from, build a product using ideas, functions, or graphics similar to, transfer, or sell any information, software, products or services obtained from NetDocuments or the Service.
EXCEPT FOR THE DATA PROTECTION OBLIGATIONS SET OUT ABOVE, NETDOCUMENTS DOES NOT ACCEPT ANY DUTIES OR OBLIGATIONS DIRECTLY IN FAVOR OF EXTERNAL USERS.
NetDocuments makes the Service available to External Users on behalf of a Customer. NetDocuments' duties and contractual obligations owed to the Customer are not extended for the benefit of External Users, and such External Users are not third-party beneficiaries of any agreement between NetDocuments and Customer.
Each of the parties irrevocably submits for all purposes (including any non-contractual disputes or claims) to the exclusive jurisdiction of the courts in England and Wales.