1. Account terms

A. The White Fuse platform (the “Platform”) is supplied by White Fuse Ltd ("we", "us" or "our").

B. The following terms and conditions (the “Platform Terms”) govern the use of the Platform by any customer ("you") and incorporate the Data Processing Terms and Privacy Policy.  By using the Platform you agree to be bound by all three documents.

C. We reserve the right to update and change these Platform Terms and any incorporated terms by posting the updated policy on our website (whitefuse.com), but we will endeavour to let you know when changes materially affect you.

2. Database and accounts

A. To use the Platform, you will be given access to your own dedicated database (the "Database").

B. To access your Database you must hold one or more accounts (“Accounts”). You agree to provide us with accurate, complete and updated information for your Accounts. We may need to use this information to contact you.

C. You are responsible for maintaining the security of your Accounts and passwords. We are not liable for any loss or damage from your failure to comply with this security obligation.

F. 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).

3. Payment

A. You must pay a monthly fee in advance to use the Platform (the "Monthly Fee"). If you fail to pay in advance we reserve the right to suspend your Database until payment has been made.

B. The Monthly Fee will be determined by the applicable plan (the "Plan").  The range of plans available will be those set out on our website or otherwise communicated to you and the number of contacts in your Database (the sum of all people and all organisations) on the 20th day of each month shall determine your Plan for the next month.  

C. In addition to the Monthly Fee, we may deduct a fee from any financial transaction processed through the Platform. The details of applicable fees are set out on our website.

D. 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, we will collect those taxes on behalf of taxing authority and remit those taxes to taxing authorities.

4. Cancellation and refunds

A. You may terminate your use of the Platform at any time by contacting the customer support team. Upon notice of termination, your Database and Accounts will be immediately suspended.

B. 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. There will not be any prorating of unused time in the last billing cycle.

5. Account suspension and deletion

A. We have the right to suspend or terminate your Database and refuse any and all current or future use of the Platform at any time if we reasonably believe that your use of the platform is inappropriate or likely to bring us into disrepute. We reserve the right to refuse service to new customers for any reason.

B. Upon suspension of your Database for any reason, all of your content will be inaccessible immediately.

C. If your Database 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 Database and all associated information immediately.

6. Modifications to the Platform and prices

A. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of the Platform with or without notice.

B. Prices are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to our website or the Platform itself. We will also endeavour to let you know by email when price changes affect you.

C. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Platform.

7. Copyright and content ownership

A. All content posted on the Platform must comply with copyright law.

B. We claim no intellectual property rights over the material you provide to the Platform. All materials uploaded remain yours.

C. We do 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.

D. 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.

E. We may use any public content you create through your Accounts for the limited purpose of marketing and promoting the Platform. If you don't want your use of the Platform featured, you can opt out at any time by contacting Customer Support.

F. Your Database has a collection of public facing website pages (your "Website") that will have its own visitors and users (“End Users”). You understand and agree that your Website and your End Users are your responsibility, and you are solely responsible for compliance with any laws or regulations related to your Website and your End Users, including without limitation the posting of your own privacy policy. We are not liable for, and won’t provide you with any legal advice regarding, your Website or your End Users.

8. Third party systems & integrations

A. 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.

B. You understand that we use 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 as it relates to the running of the Platform is dealt with further in the Data Processing Terms.

9. General conditions

A. First line technical support is only via email though we may arrange subsequent support by telephone or online conferencing systems where necessary.

B. You must not modify, adapt or hack the Platform.

C. 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.

D. We do 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.

E. You expressly understand and agree that we 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 we have 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.

F. Our failure 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 us and govern your use of the Platform, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Platform Terms).

G. 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.

H. 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: 11 March 2020