Go To Assist Terms and Conditions
In consideration of your subscribing to our TASCover services and paying to us any service charges in respect of that service and of the undertakings of each of the parties contained in these terms and conditions of use (the "Conditions"), we agree to make available to you subject to these Conditions, the GoToAssist services (the "Services").
On acceptance by you of these Conditions and of your accepting our software file on to your desktop, we will at your request during our normal business hours and using qualified staff:
2.1. respond to any request by you for us to provide the Services within a reasonable time period; and
2.2. use our reasonable endeavours to investigate, diagnose and/or resolve any issues with your TAS software application(s).
You acknowledge that in entering into this agreement, you do not do so in reliance upon any representation, warranty or other provision except as expressly set out in these Conditions and all representations, warranties, terms and conditions whether oral or written, express or implied by law, custom, statute or otherwise and including but not limited to satisfactory quality or fitness for any particular purpose are excluded to the fullest extent permitted by law.
Without prejudice to the generality of clause 3 above and the provisions of clause 7 below, you acknowledge and accept that we will not be liable to you:
4.1. for failing to diagnose and/or resolve any issues with your TAS software application(s);
4.2. for any loss of, corruption or damage to any data, programs or other information stored on your computer system;
4.3. for any breaches of security to your computer system;
4.4. (whilst we shall take reasonable care to avoid passing on any viruses or introducing them to you) for the introduction to your computer system (whether directly or indirectly) of any viruses, logic bombs, trojan horses, malicious code, worms, cancel bots and disabling or harmful devices or computer programs;
as a direct or indirect result from your use of and/or our performance of the Services; and
4.5. in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by you of an indirect or consequential nature or without limitation for any economic loss or other loss of turnover, profits, business or goodwill even if we have been advised of the possibility of such damages.
Subject to the provisions of clause 7 below, our entire liability to you for actual damages for any cause whatsoever, regardless of the form of the action, will be strictly limited to 125% of the fees paid by you for the TASCover service for the prior 12 months. Please refer to your software licence for TAS Software's liability in relation to the software.
Nothing in these Conditions shall be construed or interpreted as seeking to exclude or limit our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation.
You confirm that you have full authority, whether on your own account or on account of your organisation, business, company or other entity, to accept these Conditions and to allow us to access your computer to perform the Services and we shall be entitled to rely upon your representation in respect of the same.
You warrant to us that any Personal Data (as defined by the Data Protection Act 1998 (the â€œActâ€�)) processed by us whilst performing the Services is fully in compliance with the Act and is otherwise lawful.
In consideration of the warranty given by you in clause 9 , we will:
10.1. whilst performing the Services, process any Personal Data obtained from you at all times in accordance with the Act and all other applicable laws, and solely for the purposes of providing the Services in the manner specified by you and for no other purpose except with your express prior written consent;
10.2. take appropriate technical and organisational measures against the unauthorised or unlawful processing of such Personal Data and against the accidental loss or destruction of, or damage to, the Personal Data (including adequate back up and disaster recovery procedures);
10.3. ensure that each of our employees, agents and subcontractors having access to the Personal Data are made aware of our obligations under these Conditions with regard to the security and protection of such Personal Data and shall take reasonable steps to ensure the reliability of any of our employees who have access to the Personal Data;
10.4. not divulge such Personal Data to any third party without your express prior written consent except to those of our employees, agents and subcontractors who may be engaged to provide the Services or except as may be required by any law or regulation; and
10.5. on completion of the Services, promptly and securely delete all or any Personal Data that is in our possession as a result of our performing the Services.
If any part of these Conditons is held to be unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Conditions will not be affected.
We may at any time revise these Conditions without notice. You are responsible for reviewing these Conditions on each occasion that you use the Services and if you continue to use the Services after changes are made you are deemed to have accepted them.
These Conditons and the provision of the Services shall be governed by and construed in all respects in accordance with the law of England and Wales, and the parties agree to submit to the exclusive jurisdiction of the English courts.