This contract was last updated on the 22th of November 2023.
- Definitions
"Us", "We", "Our", "The Supplier" - Fast Compute Ltd
"You", "Your", "Customer", "Client" - The user, engaging in Our services. - Acceptance
This agreement defines the professional relationship and the basis upon which We will provide services to You. By accepting Our offer of services You are deemed to be providing Your informed acceptance of and agreement to the terms and conditions stated herein.
This agreement will supersede any previous version of Our Terms and Conditions. - Payment for Services
We will issue an Invoice for the service provided to an email address nominated by You. Settlement will be due within 30 days from the date of invoice. - Rights and Ownership
The platform and solutions that We provide are Software as a Service. The ownership and the right to use (with Our express permission) the platform and code (including any custom made components) provided by Us, are at all times retained exclusively by Us, This does not include Client supplied files as explained below.
You undertake and guarantee that all elements of files, images, text, fonts or any other artwork You provide to Us or instruct use of are either owned by You or that You have secured prior express permission to use them. When You provide to Us or instruct use of files, images, text, fonts or other artwork You agree to protect Us from and provide an indemnity against any claim made against Us by a third party for any breach of intellectual property rights.
"Intellectual property rights" means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.
Ownership of all intellectual property rights of data provided by Client shall remain with the Client (or, where relevant, the third party from whom You have obtained prior express permission for use of the said data). - Data Protection
The Client accepts responsibility for ensuring that any personal data provided to Us has been collected within the terms of all applicable data protection legislation and shall remain responsible for ensuring that the inclusion and use of any such personal data will not give rise to any breach of data protection law.
For the sake of clarity the Client will at all times be deemed to be the Data Controller. The Client agrees to defend, indemnify and hold harmless The Supplier and its agents from and against any and all claims and liabilities (including, but not limited to, legal fees and costs) arising as a result of the Client's breach of its obligation with respect to any data protection law.
We will provide technical access controls which the Client may utilise to strengthen the security protection of data that is shared with Us. - Availability
We will wherever possible answer any support queries within a reasonable time frame. Our normal working hours are 6pm-9pm GMT, Monday-Friday.
We will endeavour to provide excellent platform uptime. However We can only ever operate within the constraints of the availability of third party systems providers over whom We have limited control. Consequently We can provide no guarantee of availability at all times. - Termination
Subject to Your immediate settlement of any outstanding invoices You may terminate this agreement by providing 7 days notice in writing. We also reserve the right to cancel this agreement at any time and will give You 7 days notice of Our intention to do so. - Limitation and Exclusion of Liability
Our liability to You (whether in contract or tort including negligence) will in all circumstances be limited up to £1,000,000 per any one claim and also in the aggregate.
Notwithstanding the preceding paragraph We shall not be liable to You under any circumstance for any loss of profit, indirect loss or consequential loss whatsoever. This exclusion and limitation will not apply in respect of Our liability:- arising from any fraudulent act or
- for death or personal injury arising from Our negligence or
- from any duty or obligation owed to You under any statutory requirement.
You agree to use Our services for lawful purposes only. In using Our services You agree to indemnify Us and hold Us harmless from any third party claims arising from Your improper use of Our services. - Severability
If any provision of these Terms and Conditions is found to be invalid or unenforceable in whole or in part the validity of the other provisions of the Terms and Conditions and the remainder of the provisions in question will not be affected. - Rights of Third Parties
Unless otherwise agreed in writing no provision of these Terms and Conditions is enforceable under the Contracts (Rights of Third Parties ) Act 1999 by any person other than You or Us. - Law and Jurisdiction
These terms and conditions shall be governed by and in accordance with the laws and jurisdiction of Scotland.
