The White Fuse platform (“Platform”) is supplied by White Fuse Ltd (“Company”).
The Company reserves the right to update and change these Platform Terms and any incorporated terms by posting the updates on the Company’s website, but we will endeavour to let you know when changes materially affect you.
1. To use the Platform, you must create an account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. We may need to use this information to contact you.
2. You are responsible for maintaining the security of your Account and password. The Company is not liable for any loss or damage from your failure to comply with this security obligation.
3. You may not use the Platform for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).
4. You must pay monthly in advance to use the Platform. If you fail to pay in advance we reserve the right to suspend your account until payment has been made.
5. At the start of each calendar month, you will be assigned to the appropriate plan based on the total number of contacts in your database.
6. Any upgrade or downgrade in plan level will result in the new rate being charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles.
7. 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. Where required, the Company will collect those taxes on behalf of taxing authority and remit those taxes to taxing authorities.
Cancellation and refunds
8. You may cancel your account at any time by contacting the customer support team. Upon cancellation, your account will be immediately suspended.
9. If you cancel the Platform before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle.
Account suspension and deletion
10. The Company has the right to suspend or terminate your account and refuse any and all current or future use of the Platform at any time if it reasonably believes that your use of the platform is inappropriate or likely to bring the Company into disrepute. The Company reserves the right to refuse service to new customers for any reason.
11. Upon suspension of your Account for any reason, all of your content will be inaccessible immediately.
12. If your account remains suspended for more than 6 months we reserve the right to delete your account and all associated information. Where reasonably required in order to comply with legal obligations we may delete your account and all associated information immediately.
Modifications to the Platform and prices
13. The Company reserves the right at any time to modify or discontinue, temporarily or permanently, any part of the Platform with or without notice.
14. Prices are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Company website or the Platform itself.
15. The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Platform.
Copyright and Content Ownership
16. All content posted on the Platform must comply with copyright law.
17. We claim no intellectual property rights over the material you provide to the Platform. All materials uploaded remain yours.
18. The Company does not pre-screen content but reserves the right (but not the obligation) in its sole discretion to refuse or remove any content that is available via the Platform.
19. The Platform is protected by copyright and other UK and foreign laws. These Platform Terms don't grant you any right, title or interest in the Platform, our trademarks, logos or other brand features or intellectual property, or others’ content in the Platform. You agree not to change, translate or otherwise create derivative versions of the Platform.
20. We may use any public content you create through your Account for the limited purpose of marketing and promoting the Platform. If you don't want your Account featured, you can opt out at any time by contacting Customer Support.
Third party systems & integrations
22. The Platform is integrated with various third party services, applications and sites (collectively, “Third Party Services”) that may make available to you their content and products. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don't control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them. Your security when using Third Party Services is your responsibility.
23. You understand that the Company uses Third Party Services to provide the necessary hardware, software, networking, storage, and related technology required to run the Platform. Our relationship with Third Party Services is dealt with further in the Data Processing Terms.
24. First line technical support is only via email though we may arrange subsequent support by telephone or online conferencing systems where necessary.
25. You must not modify, adapt or hack the Platform.
26. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Platform customers. Of course, we’ll attempt to contact the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Platform for other customers.
27. The Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) 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 Platform will be corrected.
28. You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company 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 goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
29. The failure of the Company to exercise or enforce any right or provision of the Platform Terms shall not constitute a waiver of such right or provision. The Platform Terms constitutes the entire agreement between you and the Company and govern your use of the Platform, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Platform Terms).
30. Any new features that augment or enhance the current Platform, including the release of new tools and resources, shall be subject to the Platform Terms. Continued use of the Platform after any such changes shall constitute your consent to such changes.
31. This Agreement and the Platform shall be governed in all respects by the laws of England and Wales, without regard to its conflict of law provisions.
Last updated: 29 January 2019