Terms & Conditions
Platform Use
The following terms and conditions ("Terms"), govern your access to and use of the Aalbun platforms and web applications, including any content, functionality and services offered on or through Aalbun.com and its subdomains ("Platform"), by Arctic Alliance Ltd of 16 Saxon Road, Cambridge, CB5 8HS United Kingdom (“Aalbun”), as applicable.
Please read the Terms carefully before you start to use the Platform. By using the Platform, opening an account or by clicking to accept and agree to the Terms. when this option is made available to you (an individual using the Platform, hereinafter referred to as “You” or “User”), you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not access or use the Platform.
Table of Contents
- Definitions
- General Provisions
- Acceptance of Request
- Provision of Services
- User Provided Content
- Payment
- Confidentiality
- Intellectual Property Rights
- Non-Solicitation
- Disclaimer
- Indemnity
- Limitation of Liability
- Applicable Law and Jurisdictions
1. Definitions
1.1. “Services" means the services set forth in paragraph 4, which shall be provided to you by Aalbun acting as the agent of the Intellectual Property Provider to access the Intellectual Property Services.
1.2. "Intellectual Property Provider" means the independent provider of the Intellectual Property Services.
1.3. “Intellectual Property Services” means the intellectual property offerings and services available in the Workzone.
1.4. "Aalbun" shall mean Arctic Alliance Limited, a private limited liability company incorporated and registered in England and Wales with company number 9340540, whose registered office is at Saxon Road 16, Cambridge CB5 8HS, United Kingdom.
1.5. “Platform” means the WorkZone platform, including any content, functionality and services offered on or through aalbun.com/workzone/ or monitor.aalbun.com.
1.6. “Request” means your order of any of the Intellectual Property Services.
1.7. "WorkZone" means the software application and related services provided by Aalbun to you pursuant to terms and conditions set forth herein.
1.8. "Website" shall mean www.aalbun.com, or any subdomains.
2. General Provisions
2.1. Your access and use of the Services constitutes an agreement for you to be bound by these Terms, which establishes a contractual relationship between you and Aalbun. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede any prior versions of terms and conditions accepted by you. Aalbun may terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Aalbun will provide you with as much notice as it reasonably can of such termination, cessation or denial, being at least 7 days notice. However, Aalbun reserves the right to terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, immediately at any time without notice if you are in breach of these Terms.
2.2. Supplemental terms may apply to certain Intellectual Property Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Intellectual Property Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Intellectual Property Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Intellectual Property Services.
2.3. Aalbun may amend the Terms related to the Services from time to time. Amendments will be effective upon Aalbun’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
3. Acceptance of Request
3.1. Aalbun accepts Requests acting as disclosed agent for the Intellectual Property Provider. Such acceptance by Aalbun as agent for the Intellectual Property Provider gives rise to a contract with Aalbun for the delivery to you of the Intellectual Property Services. For the avoidance of doubt: Aalbun does not itself provide the Intellectual Property Services, and is not an Intellectual Property Provider. Aalbun acts as intermediary between you and the Intellectual Property Provider.
3.2. For the sake of clarity, your Request will be accepted and allocated to an Intellectual Property Provider by Aalbun as holder of the relevant software. The Intellectual Property Provider will be licensed in the respective area where such a need arises for the delivered Intellectual Property Service.
4. Provision of Services
4.1. Aalbun delivers certain Services through the Platform available online. The Platform enables users of Aalbun’s web applications, mobile applications or websites provided as part of the Services to book and schedule the Intellectual Property Services with the Intellectual Property Providers. You acknowledge that Aalbun does not perform the Intellectual Property Services and that all such services are executed by the Intellectual Property Providers and their contractors who are not employed by Aalbun or any of its affiliates. The Services include:
4.1.1. The acceptance of Requests in accordance with paragraph 3 above, but without prejudice to Aalbun's rights at its sole and absolute discretion to decline any Request you seek to make;
4.1.2. Allocating each accepted Request to an Intellectual Property Provider via such means as Aalbun may choose;
4.1.3. Keeping a record of each accepted Request;
4.1.4. Remotely monitoring (from Aalbun's registered office and/or operating centres) the performance of the Request by the Intellectual Property Provider; and
4.1.5. Receipt of and dealing with feedback, questions and complaints relating to Requests, which may be made by email: operator@aalbun.com. You are encouraged to rate and provide your feedback if any of the Intellectual Property Services provided by the Intellectual Property Provider do not conform to your expectations.
5. User Provided Content
5.1. In order to submit Requests for Services you might need to submit, upload, publish or otherwise make available to Aalbun through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services (“User Content”). Any User Content provided by you remains the property of your client and/or yourself.
6. Payment
6.1. The Services are provided by Aalbun to you free of any subscription fee charge. Aalbun reserves the right to introduce a subscription fee for the provision of the Services in the future. If Aalbun decides to introduce such a subscription fee, it will inform you accordingly and allow you to either continue or terminate your access to the Services through the Platform at your option.
6.2. The rates that apply for the Intellectual Property Services provided by the Intellectual Property Provider can be found on the Platform. These may be modified or updated from time to time but the changes will not affect any on going Requests which have already been confirmed by Aalbun. It is your responsibility to remain informed about the current rates for the Intellectual Property Services when placing orders.
6.3. You understand that use of the Intellectual Property Services may result in charges to you for the services or goods you receive from an Intellectual Property Provider (“Charges”). After you have received services or goods obtained through your use of the Services, Aalbun will facilitate your payment of the applicable Charges on behalf of the Intellectual Property Provider as disclosed payment collection agent for the Intellectual Property Provider. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Intellectual Property Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Aalbun.
6.4. All Charges are due immediately and payment will be facilitated as soon as practicable by Aalbun using the preferred payment method after which Aalbun will send you an invoice or electronic payment instructions by email with 7 days payment terms.
6.5. As between you and Aalbun, Aalbun reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time prior to confirming an order. Aalbun may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
6.6. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to Aalbun’s confirmation of acceptance a Request.
6.7. You may elect to modify your request for services and goods from a Third Party Provider. At any time prior to Aalbun’s confirmation of acceptance of a Request. If you require modifications following Aalbun’s confirmation of acceptance of a Request, additional chargers will apply.
6.8. This payment structure is intended to fully compensate the Intellectual Property Provider for the services or goods provided including payment of designated official fees.
6.9. Aalbun shall be entitled to charge interest at the rate of 2% per month on all amounts that remain unpaid 30 days after the agreed payment date.
7. Confidentiality
7.1. Both you and Aalbun agree to maintain in confidence any non-public information of the other party (“Confidential Information”), whether written or otherwise, disclosed by the other party in the course of performance of this Agreement. The Confidential Information includes the terms and conditions of this Agreement, and any discussions related thereto. Neither party shall disclose, use, transmit, inform or make available to any entity, person or body any of the Confidential Information, except as a necessary part of performing its obligations hereunder, and shall take all such actions as are reasonably necessary and appropriate to preserve and protect the Confidential Information and the parties’ respective rights therein, at all times exercising at least a reasonable level of care. Each party agrees to restrict access to the Confidential Information of the other party to those employees or agents who require access in order to perform hereunder, and, except as otherwise provided, neither party shall make Confidential Information available to any other person or entity without the prior written consent of the other party.
7.2. Aalbun agrees to hold all information provided by you confidential, save where such information is known to Aalbun already, or exists already in the public domain, until, either the information enters the public domain, or Aalbun is given the same information by a third party, or is released from its confidentiality agreement requirement by the client, or you are found in breach of contract with Aalbun by a court of law (including non-payment of account) or three years have elapsed - whichever is the sooner.
7.3. You agree to hold confidential all information about Aalbun's proposal(s), fee structures, fees and personnel where Aalbun so specifies, save where such information is known to you already, or exists already in the public domain, until, either the information enters the public domain, or you are given the same information by a third party, or are released from its confidentiality agreement requirement by Aalbun, or Aalbun is found in breach of contract with Aalbun by a court of law (including non-payment of account) or five years have elapsed - whichever is the sooner.
8. Intellectual Property Rights
8.1. All content included on the Platform, unless contained in the User Content, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Aalbun, or our affiliates. By continuing to use the Platform you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
8.2. The Intellectual Property Rights subsisting in the Content of Requests belong to the User who submits a Request unless it is expressly stated otherwise.
9. Non-Solicitation
9.1. You shall not solicit, employ or contract the services of any person who is or was engaged by Aalbun for the purpose of providing the Services and the Intellectual Property Services to you outside the Platform.
10. Disclaimer
10.1. The services are provided “as is” and “as available.” Aalbun disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Aalbun makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. Aalbun does not guarantee the quality, suitability, safety or ability of third party providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
11. Indemnity
11.1. You agree to indemnify and hold Aalbun and its officers, directors, employees, agents and the Intellectual Property Providers harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Aalbun’s use of your User Content; or (iv) your violation of the rights of any third party, including the Intellectual Property Providers.
12. Limitation of Liability
12.1. To the extent permitted by applicable law, Aalbun will not be liable to you in respect of any acts or omissions of its employees, agents, Intellectual Property Providers or sub-contractors, whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence), misrepresentation, breach of statutory duty, restitution or otherwise, provided that nothing in these Terms will limit or exclude Aalbun's liability to you for personal injury or death caused directly by Aalbun's negligence.
12.2. The Services may be used by you to request the Intellectual Property Services with the Intellectual Property Providers, but you agree that Aalbun has no responsibility or liability to you related to any Intellectual Property Services provided to you by the Intellectual Property Providers other than as expressly set forth in these Terms.
13. Applicable Law and Jurisdictions
The terms and conditions are construed and governed by the laws of England and Wales, and subject to the exclusive jurisdiction of the English courts.
By onboarding into Aalbun software you agree to these. Terms & Conditions, you acknowledge and agree that you are making express representations to Aalbun that you will abide by all of your obligations and responsibilities as set forth in these Terms & Conditions.
