1. Data Protection
Scotform Solutions Ltd will not collect personally identifiable information about you except when you specifically provide this information on a voluntary basis. We will make every effort to ensure that whatever information you provide us will be maintained in a secure environment.
3. Access Control
Access to Formwize accounts are secured via password and user identity. Access for respondents to the survey can be controlled by password protection. In this way, only a certain group of individuals that you, as an administrator give access to are able to take the survey.
4. Sensitive Data
Every survey form is forced into using a secure http URL (https) allowing encrypted communication between the client and the server. This is the same mechanism that is used for security sensitive communications such as payment transactions or secure logons.
As a further security measure, individual input fields containing sensitive information may be saved in an encrypted format on our database server, and decrypted only for reporting and downloads via secure authenticated account login. This prevents anyone viewing data in a raw format on the server.
When saving completed form data, the data is rollback protected using transaction processing, to ensure that only completed question data is saved to the server and ensuring data integrity.
5. Acceptable and Appropriate Use
Scotform Solutions Ltd shall retain the right at all times to refuse to host any material and to suspend availability of the Formwize service and Website and/or to remove any material already appearing on the Formwize Website which in the opinion of Scotform Solutions Ltd constitutes or would if posted constitute inappropriate material or harm or would if posted harm the reputation of Scotform Solutions Ltd in any way.
The Customer undertakes to indemnify and keep indemnified Scotform Solutions Ltd against any and all costs, claims, losses, damages or liability (civil or criminal) and expenses sustained by Scotform Solutions Ltd as a result of any breach by the Customer of any of the Acceptable and Appropriate Use Policies.
Account holders must not in any circumstance breach the following policies. If Scotform Solutions Ltd or its partners find an account in breach of these policies said account will be revoked and/or terminated:
- Customers should keep secure from third parties any passwords issued by Scotform Solutions Ltd in connection with their account.
- The customer undertakes to fully virus-check all data supplied to Scotform Solutions Ltd's platforms.
- The customer undertakes not to link to any inappropriate material from its Forms.
- Customers should not make attempts to traverse to any server area other than that occupied and allocated to them by Scotform Solutions Ltd.
- Customers should not execute any server side code, either binary, DLL or executable in nature without Scotform Solutions Ltd authorisation.
- Customers should not attempt to enter any account or system databases not wholly owned by yourself.
- Customers should not attempts to "hack" or enter extraneous or peripheral computing systems from a Scotform Solutions Ltd platform.
- Customers should not breach quotas above the pre-agreed account allocation (see table of services). If excess Forms are required or anticipated pre-authorisation from Scotform Solutions Ltd should be sought.
- Customers forms should not exceed system resources beyond the acceptable shared boundaries. Acceptable boundaries being the sole utilsation of system processor/s, memory or onboard systems at consistently high levels.
- Spam or junk e-mail either by bulk or individual broadcast shall not be allowed to be generated from any Scotform Solutions Ltd Formwize system. This includes un-solicited advertisement type e-mail.
- No adult content may be served from or reside on any Scotform Solutions Ltd platform.
Scotform Solutions Ltd do not offer to protect or backup the data gathered by it's customers Forms and it remains the responsibility of the Form owner to protect and backup (through provided download means) the results of their Forms.
7. Payment Policy
All payment is in advance. All advice of payment will be via electronic medium, no paper invoicing will be provided unless by request whereupon a charge may be levied. Scotform Solutions Ltd may revoke service provision without notice, if payment is not received within 14 days of the account due payment date. Unpaid accounts will be deleted after 90 days of continuous non-payment.
Money transfers, either credit or debit card, cheque or international money transfer will be converted into the sterling equivalents using the internationally regulated and agreed published rates at date of billing.
No liability is assumed by Scotform Solutions Ltd in relation to any loss arising on the Customer as a result of the chosen mode of payment.
Non-delivery or non-performance of services by any third party other than Scotform Solutions Ltd's sub-contractors shall not give the Customer any right to delay any payment to Scotform Solutions Ltd or to make any claim whatsoever against Scotform Solutions Ltd.
Should Scotform Solutions Ltd be unable to provide service we shall refund the payments made by the customer in respect of the account, no liability is assumed by Scotform Solutions Ltd in respect of any consequential loss (including loss of profits) whether direct, indirect or otherwise arising as a result of a failure of service.
8. Cancellation & Refunds
Scotform Solutions Ltd offers a 7 day money back guarantee to all customers. In the event of dissatisfaction with service levels the customer should e-mail the billing department on Sales@Formwize.com up to and on the 7th day of service, customers can seek refund of all service charges levied during the period.
This does not include digital certificate or domain name registration charges; domain names, once ordered, cannot be cancelled and must be paid for in full. Normal cancellation of accounts beyond this period must be notified to Scotform Solutions Ltd providing one month's written notice via e-mail. No refunds for pre-paid service periods are given.
Scotform Solutions Ltd reserves the right to suspend service, without notice in the event that the conditions for acceptable and appropriate use are not met. Scotform Solutions Ltd will provide a written closure notice in these circumstances. All monies will be refunded for the unit period paid on a pro-rata basis. Scotform Solutions Ltd will not, in any event, be liable for any consequential loss (including loss of profits) whether direct, indirect or otherwise arising as a result of any suspension of service by Scotform Solutions Ltd.
9. Limitation of Liability
Nothing under these terms and conditions limits Scotform Solutions Ltd's liability for any fraudulent statement or for personal injury or death caused by Scotform Solutions Ltd's negligence. However, the Customer acknowledges and takes notice that the services are not appropriate for use in circumstances where personal injury or death could arise from reliance on the services whether or not Scotform Solutions Ltd is negligent and that it should satisfy itself as to the veracity of any statements made by Scotform Solutions Ltd or on Scotform Solutions Ltd's behalf.
The entire liability of Scotform Solutions Ltd and the Customer's sole and exclusive remedy, arising in respect of any tort, breach of duty (statutory or otherwise) or breach of this agreement by Scotform Solutions Ltd (and whether or not by Scotform Solutions Ltd's negligence) is limited to the fee paid for the service or services in respect of which the alleged tort or breach has arisen in the period of 12 months preceding the event giving rise to the liability.
In no event will Scotform Solutions Ltd be liable to the Customer for any indirect or consequential loss or damage whatever (including, without prejudice to the generality of the foregoing, loss of business, loss of opportunity, loss of profits).
Even if Scotform Solutions Ltd has been advised of the possibility of such loss or damage such advice shall not constitute the loss or damage if it arises as direct loss or damage. Any liability of Scotform Solutions Ltd whatever arising under these terms or otherwise in respect of the service or any product shall be deemed to end 12 months after the date on which the Customer became aware or ought reasonably to have become aware of the event giving rise to the liability.
For the avoidance of doubt, the Customer acknowledges and agrees that no claims or actions by the Customer can be validly made after the expiry of 12 months following such date.
Scotform Solutions Ltd accepts no liability for any loss of revenue or business whether new or existing as a result of using Scotform Solutions Ltd's services. All parties agree to use Scotform Solutions Ltd's services and utilities without any avenue of pursuing monetary recompense beyond any account refund's due (see billing FAQ). Account holders must understand the inherent insecurity of the global Internet as a business medium and must consider the impact on any on-line business ventures.
Last Updated: 24-May-2018