Please read our terms and conditions, which you agree to in signing up for 1MinutePhone or 1MinutePhone ‘Free Version’. Unless otherwise specified, the terms and conditions set out below and references to “1MinutePhone”apply equally to users of 1MinutePhone and Free Version.
The terms and conditions include important provisions about payment and your rights to refunds, as well as limiting and excluding our obligation to pay if you lose money.
As a user of 1Minutephone you accept that by using this site you agree that 1MinuteSite LTD – 57 Rathbone Place, Holden House, London W1T 1JU (UK) assumes no responsibility for the nature or content of anything contained on this Web site and disclaims all liability in respect of such nature or content. Use of this site is subject to the following Terms and Conditions of Use.
1.1. 1MinutePhone is provided by 1MinuteSite LTD – 57 Rathbone Place, Holden House, London W1T 1JU (UK), which provides its services to you, subject to the following Terms and Conditions (“TACS”), which may be updated by the Company from time to time without notice to you.
1.2. When using particular 1MinutePhone software, services, or other items provided by the Company, you will also be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TACS.
1.3. 1MinutePhone contains a large number of images, artwork and other data some of which is on licence from its copyright owners. You are not permitted to download or use any widgets or other material from 1MinutePhone or use such material other than for display on 1MinutePhone.
1.4. The nature of 1MinutePhone database driven technology means that it is physically impossible for you to own a copy of your 1MinutePhone site. If the Company’s business changes, or for any other reason the Company cannot continue to host your site, you will lose it. You agree not to hold the Company liable and the Company accepts no liability in respect of, the loss of all data relating to your site. You are strongly advised to keep copies of any data, images, music or otherwise that you upload onto 1MinutePhone.
1.5. PLEASE NOTE: All minors are recommended to consult with their parents/guardians in respect of these TACS before using 1MinutePhone.
1MinutePhone currently provides or allows browsing and/or access to a large number of on-line services and resources referred in these TACS as “Services”, including a host of tools enabling you to become a member of 1MinutePhone (“Member”), to create your own Web site hosted on 1MinutePhone (“Member Site”) and to administer such a Member Site as a leader (“Site Leader”) through 1MinutePhone (all such security and design features, tools, or any components there of contained within 1MinutePhone and any Member Site being known as 1MinutePhone). Unless explicitly stated otherwise, any new features that augment or enhance 1MinutePhone, including the release of new Services, software tools or resources, shall be subject to the TACS. The Company may add, delete or change some or all of the Services provided as part of 1MinutePhone at any time. Unless otherwise stated these TACS apply to you whether you are a casual user of 1MinutePhone, a Member, a Site Leader or other user.
PLEASE NOTE: Some of the sites hosted on 1MinutePhone contain adult or mature content. You must be at least 18 years of age to view such areas.
3.1. The Company uses a third parties 2Checkout and PayPal, to manage its 1MinutePhone subscription transactions via credit/debit card. Upon subscription by this method you will be redirected to the secure 2Checkout or PayPal website to complete your payment. Please enter all necessary data to complete your purchase. After that you’ll receive a confirmation email for your website and domain you requested.
3.2. If you think your account has not been useful or interesting for your activity, you can delete your account at any time, on request. You just need to send an email to firstname.lastname@example.org with your account data (user, password and email used during the registration process). Account deletion is immediate and completely free.
3.3. If you are not 100% satisfied with your purchase, within 60 days from the purchase date, we will fully refund the cost of your order. Refunds are only provided at the discretion of the Company. If for any reason you wish to apply for a refund, just write us an email in the next 60 days after your purchase and we’ll send you a prompt refund. The 60 day money back guarantee is also applied to domain name registration or other Paid Services. Once you purchase your domain name, you are its owner and you can use it for your own purposes.
3.4. If your account is terminated as a result of your breach of these TACS, the remainder of any payment made by you will not be refundable.
4.1. Free Version is a 1MinutePhone product offered by the Company with no ongoing subscription charge. Users of Free Version will accept the following conditions in addition to the standard TACS governing user of 1MinutePhone;
(a) The Company and its Partners (as defined in paragraph 6) shall have the right to place advertisements in any form whether banners, ad words, buttons, or otherwise, in any portion of the Free Version. The position or form of these advertisements may change from time to time and is at the sole discretion of the Company.
(b) In provision of advertising, The Company may provide, or third parties may provide, links to other sites or resources located on the Internet by allowing a user to leave 1MinutePhone to access third party material or by bringing the third party material into this site via “inverse” hyperlinks and framing technology. The Company has no control over such sites and resources. You acknowledge and agree that the Company is not responsible for the availability or otherwise of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
(c) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Company’s 1MinutePhone Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on 1MinutePhone Services.
(d) The Company shall have the right to delete or remove any Free Version site that has remained inactive for a period of 180 or more days.
(e) The Company shall have the right to change the terms and conditions applicable to or to withdraw the Free Version product at any time and for any reason, without prior notice being given to users of Free Version.
(f) For free services, the Company can determine at its discretion which services are to be provided and to what extent. Limitations, extensions and other modifications of these services by the Company are permissible at any time and they are likewise subject to the following conditions for subscribers. Insofar as free services are offered, the Company reserves the right to modify them at any time in line with the latest technological developments and regulations.
4.2. In addition, users of Free Version agree;
(a) not to interfere, attempt to remove, cover or otherwise inhibit advertisement on their Free Version website as placed by the Company and its partners;
(b) not to display any advertising of their own in any form on their Free Version website;
(c) that they have no claim on any revenues derived from advertisements placed on their sites by the Company and its Partners;
5.1. By completing the registration process, either as a Site Leader or as a Member of 1MinutePhone, you are stating that you agree to be bound by all of these TACS.
5.2. In consideration of your use 1MinutePhone, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the 1MinutePhone registration form and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of 1MinutePhone (or any portion thereof).
5.3. You will create a password and receive account designation upon completing the 1MinutePhone registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify the Company of any unauthorised use of your password or account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
6.1. The Company may from time to time distribute 1MinutePhone through approved partners (“Partners”). Members who build Member Sites through Partner versions of 1MinutePhone will continue to be bound by these terms and conditions.
6.2. In addition Partners may offer additional Partner Services as part of their 1MinutePhone offering including Partner URLs. The Company will not be liable for any withdrawal of additional Partner services including Partner URLs. The Company at its sole discretion may offer an alternative URL to Site Leaders in event of withdrawal of Partner URLs.
7.1. You agree that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not the Company, are entirely responsible for all content that you upload, post, email or otherwise transmit via 1MinutePhone.
7.2. The Company does not control the content posted via 1MinutePhone and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will the Company be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via 1MinutePhone.
7.3. You undertake not to use 1MinutePhone to:
(a) upload, post, publish, distribute, disseminate or otherwise transmit any content (hereinafter “post”) that is unlawful, tortuous, defamatory, harmful or invasive of another’s privacy, or otherwise objectionable, including but not limited to material that promotes or provides instructional information about illegal activities or promotes physical harm or injury against any group or individual;
(b) upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements);
(c) upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary and intellectual property rights of any party, or rights of publicity or privacy of any party, unless you are the owner of such rights or have the permission of the owner to post or transmit such material, including but not limited to offering pirated computer programs or links to such programs;
(d) harm minors in any way;
(e) create a Member Site containing nudity, or pornographic material, or sexual material of a lewd, lecherous or obscene nature and intent, or material of a vulgar, profane or obscene nature without suitable warning to browsers of the nature of the site prior to viewing the content;
(f) impersonate any person or entity, including, but not limited to, 1MinutePhone, Member, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(g) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through 1MinutePhone;
(h) upload, post or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas of the 1MinutePhone that are designated for such purpose;
(i) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(j) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of 1MinutePhone are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
(k) interfere with or disrupt 1MinutePhone or servers or networks connected to the 1MinutePhone, or infringe any requirements, procedures, policies or regulations of networks connected to 1MinutePhone, or interfering with another user’s use and enjoyment of 1MinutePhone, including but not limited to (i) transmitting any material that contains viruses, trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or (ii) attempting to gain unauthorised access to 1MinutePhone, other’s accounts on 1Minutephone, or private mailing lists on 1MinutePhone through password mining or any other means;
(l) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, UK legislation such as the Data Protection Act, Consumer Protection Act, or Financial Services Act, or any amendments or replacements of such acts;
(m) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(n) collect, store, or distribute personal data about other users without their consent;
(o) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating “crush” sites;
(p) violate any law or regulation (including without limitation those governing export control, unfair competition, discrimination or false advertising); or
(q) engage in commercial activities that are deemed inappropriate on 1MinutePhone. As such the Company has the right to remove or bar content/links/sponsorships/affiliate programmes etc that they feel fall into this category.
7.4. In addition the Company in no way endorses or takes responsibility for any goods, services etc that are posted within sites. Any transactions therefore are strictly outside the remit of 1MinutePhone.
7.5. Any correspondence or business dealings with, or participation in activities found on or through 1MinutePhone, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such vendor. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on 1MinutePhone.
7.6. The Company also has the right at any time to change its terms regarding commercial arrangements at any time without to prior notice.
7.7. It should be noted that the use of any payment mechanisms, other than those endorsed by the Company are the sole responsibility of the site leader and the Company can take no responsibility for their upkeep, integration, compatibility or otherwise; nor offer advice on these matters.
7.8. The Company provides some contents as an example, and it has the right (but not the obligation) in its sole discretion to refuse or move any content that is available via 1MinutePhone. Without limiting the foregoing, The Company shall have the right to remove any content that violates the TACS or which is otherwise in its opinion, objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created on 1MinutePhone or submitted to 1MinutePhone including without limitation information in 1MinutePhone (newsletter and wiki) , and in all other parts of 1MinutePhone. The Company will have no liability or responsibility for performance or non performance of such activities. The Company reserves the right to terminate or restrict your access to any or all of the Member Sites at any time without notice for any reason whatsoever.
7.9. You acknowledge and agree that the Company may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with any applicable law; (b) enforce the TACS; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of the Company, 1MinutePhone, its users and the public.
7.10. You understand that the technical processing and transmission of 1MinutePhone, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7.11. USER, in using the PROGRAM, undertakes not to collect and / or process particular data and / or personal data relating to criminal convictions and offenses pursuant to art. 9 and 10 of the General Regulation on Data Protection 2016/679 (hereafter, GDPR).
8.1. All copyright, design rights and other intellectual property rights owned by you in any text, software, music, sound, photographs, graphics, video, page layout and design or other material which you upload or post to 1MinutePhone (collectively referred to in these TACS as ‘Member Content’) shall remain your property and, in accordance with paragraph 7.3(c), you shall not upload or post any Member Content that infringes the intellectual property rights of any party unless you have the permission of the owner.
8.2. By uploading any Member Content to 1MinutePhone, you grant the Company and its successors and assigns, a non exclusive, world wide, royalty free, perpetual, non-revocable licence to display and reproduce such Member Content, both digitally and in print, without any duty to account to you, provided that such use shall be limited to use for 1MinutePhone’s promotional purposes only. You further agree that upon posting any Member Content within a private, members-only group on 1MinutePhone you grant the Company, and its successors and assigns a non exclusive world wide, royalty free, perpetual, non revocable licence to distribute, display, and reproduce such material to other members of that group. You also grant the Company the right to authorise the downloading and printing in whole or in part of any material that you have posted to a group on 1MinutePhone, by end users for their personal use.
8.3. You acknowledge and agree that all content other than Member Content, including but not limited to text, software, music, sound, photographs, graphics, video, page layout and design or other material contained in 1MinutePhone or information presented through 1MinutePhone by the Company or by advertisers is protected by ours or their copyright, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that the Company can display images and text throughout 1MinutePhone, including the insertion of sponsor messages into messages distributed on 1MinutePhone mailing lists. If you create a Member Site, you agree to display prominently on your home page or equivalent and in such other parts of the Member Site as the Company may require the 1MinutePhone name and logo. Content received through 1MinutePhone may be displayed, reformatted, and printed by you for your personal, non-commercial use only. The Company grants you a personal, non transferable and non exclusive right and licence to use the trademark “1MinutePhone”and you undertake that upon termination of your use of 1MinutePhone (including if you decide to move to another host) all such rights in the trademark and all other rights granted to you hereunder will cease forthwith.
8.4. You acknowledge and agree that the Company owns or is licensed to use all intellectual property rights (including without limitation all copyrights, patents, trademarks and trade secrets) in connection with and in all versions of 1MinutePhone, the 1MinutePhone software and, subject to paragraph 8.1 above, any content posted on 1MinutePhone other than Member Content.
8.5. Except as expressly authorised by the Company or advertisers, you agree not to modify, copy, reproduce, republish, upload, post, transmit, rent, loan, sell, lease, licence, sub-licence, distribute or create in any way content and/or derivative works from 1MinutePhone, other than Member Content, in whole or in part.
8.6. The Company grants you a personal, non transferable and non exclusive right and licence to use the object code of 1MinutePhone on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right from 1MinutePhone. You agree not to modify the 1MinutePhone software in any manner or form, or to use modified versions of the 1MinutePhone software, including (without limitation) for the purpose of obtaining unauthorised access to 1MinutePhone. You agree not to access 1MinutePhone by any means other than through the interface that is provided by for use in accessing 1MinutePhone. Upon termination of your use of 1MinutePhone, the licence to use 1MinutePhone shall cease forthwith.
9.1. The Company may run advertisements and promotions. By creating your Member Site, you agree that the Company has the right to run such advertisements and promotions, within the area of the site designated on 1MinutePhone for that purpose. The manner, mode and extent of advertising on 1MinutePhone and your site is subject to change without notice.
9.2. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on 1MinutePhone.
1MinutePhone may provide, or third parties may provide, links to other World Wide Web sites or resources. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third party web sites. As the Company has no control over the content or security of such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. If you decide to access linked third party Web sites, you do so at your own risk. Any concerns regarding any external link should be directed to the relevant site administrator or web master.
11.1. You expressly understand and agree that:
(a) Your use of 1MinutePhone is at your sole risk. 1MinutePhone is provided on an “as is” and “as available” basis and the Company and its suppliers, to the fullest extent permitted by law, make no warranties, express or implied, in relation to this site or its contents, including, but not limited to, security, warranties of title, fitness for a particular purpose, merchantability and non infringement of proprietary or third party rights. The Company and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links.
(b) The Company is not responsible for the content of Member Sites, accessible through use of that site or messages distributed through mailing lists, and assumes no responsibility for and makes no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of information distributed through 1MinutePhone.
(c) The Company makes no warranty that (i) 1MinutePhone will meet your requirements, (ii) that 1MinutePhone will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use 1MinutePhone will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through 1MinutePhone will meet your expectations, and (v) any errors in the software will be corrected. Further, if your use of the web site or the material results in the need for servicing or replacing equipment or data, the Company is not responsible for those costs.
(d) Any material downloaded or otherwise obtained through the use of 1MinutePhone is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
(e) No advice or information, whether oral or written, obtained by you through or from 1MinutePhone shall create any warranty not expressly stated in the TACS.
(f) The Company makes no warranty that any URL in the form “sitename.partner.com” obtained by building a 1MinutePhone site though a partner of the Company will be available for use at any future date. In the event of a partner URL being withdrawn the Company will offer an alternative URL in the form “sitename.alternativeurl.com”, where the alternative URL is at the sole discretion of the Company.
11.2. Third parties provide much of the material on 1MinutePhone and the Company shall not be held responsible for any such third party material.
12.1. You agree to defend, indemnify, and hold harmless the Company its officers, directors, employees, partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the content (including 1MinutePhone software, service, your connection to 1MinutePhone or your breach of the terms of these TACS, including, but not limited to:
(a) any injury to any person or property caused by products or services supplied through the medium of 1MinutePhone;
(b) any material which infringes the proprietary or intellectual property rights of any third party;
(c) copyright infringement; or
(d) any defects in products sold through the medium of 1MinutePhone.
12.2. The Company shall provide notice to you promptly of any such claim, action or demand as described in paragraph 12.1 and shall provide you with reasonable assistance, at your expense, in defending any such claim, suit or proceeding.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of 1MinutePhone, use of 1MinutePhone, or access to 1MinutePhone, without the express permission of the Company by separate agreement.
14.1. Your use of 1MinutePhone is at your own risk. If you are dissatisfied with any of the content or the service or with these TACS, or any other rules or policies, your sole remedy is to discontinue use of 1MinutePhone. If such action is taken as a result of your breach of this contract, the remainder of any payment made by you will not be refundable.
14.2. You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, whether in an action of contract or tort, 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 1MinutePhone; (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 1MinutePhone; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to 1MinutePhone.
14.3. In no event will the Company’s liability to any user arising out of or in respect of these TACS exceed £300.
14.4. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of this paragraph 14 may not apply to you.
The Company reserves the right to change the TACS at any time without notice. The Company also reserves the right at any time and from time to time to modify or discontinue 1MinutePhone temporarily or permanently, with or without notice to you. You agree that the Company shall not be liable to you or any third party for any modification, suspension or discontinuance of 1MinutePhone.
You acknowledge that the Company may establish general practices and limits concerning use of 1MinutePhone, including without limitation the maximum number of days that email messages, message board postings or other uploaded content will be retained by 1MinutePhone, the maximum number of email messages that may be sent from or received by an account on 1MinutePhone, the maximum size of any email message that may be sent from or received by an account on 1MinutePhone, the maximum disk space that will be allotted on 1MinutePhone’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access 1Minutephone in a given period of time. You agree that the Company has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by 1MinutePhone. You acknowledge that the Company reserves the right to delete accounts that are inactive or very little used for an extended period of time. You further acknowledge that the Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
17.1. You agree that the Company, in its sole discretion, may terminate your password, account (or any part thereof) or use of 1MinutePhone, and remove and archive or discard any content within 1MinutePhone, including any Member Site for any reason, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of the TACS. The Company may also in its sole discretion and at any time discontinue providing 1MinutePhone, or any part thereof, with or without notice. You agree that any termination of your access to 1MinutePhone under any provision of these TACS may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate, archive or delete your account and all related information and files in your account and/or bar any further access to such files or 1MinutePhone. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to 1MinutePhone.
17.2. If such action is taken as a result of your breach of this contract, the remainder of any payment made by you will not be refundable.
1MinutePhone, the 1MinutePhone logo and other 1MinutePhone logos and product and service names are trademarks of 1MinutePhone Software Limited (the ” 1Minutephone Marks”). Without the Company’s prior permission, you agree not to display or use in any manner, the 1MinutePhone Marks.
19.1. The TACS constitute the entire agreement between you and the Company (including, but not limited to, any prior versions of the TACS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other services of the Company, third-party content or third-party software.
19.2. The Company makes no claims that the content is appropriate for any particular purpose or audience, or that it may be downloaded outside of the United Kingdom. Access to the content (including any software) may not be legal by certain persons or in certain countries. If you access a Member Site from outside the United Kingdom, you are responsible for compliance with the laws of your jurisdiction.
19.3. The Company is headquartered in London, England. All legal issues arising from or related to the use of 1MinutePhone shall be construed in accordance with and determined by the laws of England. By using 1MinutePhone, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of 1MinutePhone is the English courts. You hereby accept and submit to the jurisdiction of such courts in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may have now or hereafter have to be laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.
19.4. If any provision of these TACS is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these TACS, which shall remain in full force and effect. No waiver of any term of these TACS shall be deemed a further or continuing waiver of such term or any other term.
19.5. Should you find any content or otherwise that you feel breaches the TACs outlined, please email the Company at (email@example.com) providing the site URL and details of the complaint. Your complaint will be investigated immediately and you will be informed by email of the outcome. Note: your details will not be given to the Site Leader in question.
In accordance with the GDPR, the Parties acknowledge that any decision regarding the purposes, methods of processing personal data of third parties to this agreement, possibly processed on the site created by the USER and the tools used, including the security profile, is of exclusive right of the USER. In fact, on the data itself, the USER will act as data controller.
In this regard, given the data processing carried out by 1MinuteSite LTD, it is appointed by the USER as data processor, as indicated in Annex X.
1MinuteSite LTD expressly declares to process the personal data of third parties that will be communicated in the fulfillment of the Contract as required by current legislation on privacy.
The Parties mutually agree that 1MinuteSite LTD will conclude, upon request by the USER, a specific contract, annexed in Annex X, through which it will be appointed as data processor by the User. Through that appointment, 1MinuteSite LTD will be in charge of processing the personal data of third parties that will be communicated to 1MinuteSite LTD and / or that it may process and / or of the data of which will be known, for the purposes of the execution of the Contract, free of charge.
For all disputes that may arise in relation to this contract, including those relating to its validity, interpretation, execution and resolution, the only jurisdiction to decide exclusively will be the Court of London.
1MinuteSite LTD may make changes to the Contract, also in order to implement changes in national and / or Community legislation, to adapt to technological innovations or for other reasons. New versions will be made known to the USERS through publication of the changes on the website or through the mail.
Therefore any modification will be communicated to Users through suitable computerized tools. Each USER is required to periodically check what is defined in the Contract in order to ascertain any changes that occurred after the last consultation.
Should the modifications not be accepted, the USER can contact 1MinuteSite LTD directly, requesting the cancellation of the service, to the email address firstname.lastname@example.org or by sending a registered letter to 1MinuteSite LTD, with registered office in 57 Rathbone Place, Holden House, London W1T 1JU (UK). In any case, the continuation in the use of the services of the site or those provided by 1MinuteSite LTD, implies acceptance of the changes made.
Please refer to the link
APPOINTMENT AGREEMENT AS DATA PROCESSOR
USER who signs the Contract with 1MinuteSite LTD, hereinafter referred to as "DATA CONTROLLER".
1MinuteSite LTD – 1MinuteSite LTD, with registered office in 57 Rathbone Place, Holden House, London W1T 1JU (UK), email address email@example.com, from now on "1MinutePhone" or the "DATA PROCESSOR".
Hereinafter also referred to as the "Parties".
1MinuteSite LTD is a company specialized in the creation of consultancy services in the digital field, the Owner has a contractual relationship (hereinafter the "Contract"),which provides for obligations in respect of 1MinuteSite LTD whose fulfillment could entail the processing of personal data;
The Parties, in accordance with EU Regulation 679/2016 (hereinafter "GDPR" or the "Regulations"), intend to regulate the methods and purposes of the processing of such personal data
THE PARTIES CONCLUDE AS FOLLOWS
"Personal Data": any information concerning an identified or identifiable natural person ("concerned"); an identifiable natural person can be identified, either directly or indirectly, with particular reference to an identifier such as a name, an identification number, location data, an online ID or one or more characteristic elements of his physical identity, physiological, genetic, psychological, economic, cultural or social;
"Pseudonymisation" means the processing of personal data in such a way that personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is stored separately and subject to technical and organizational measures to ensure that such personal data are not attributed to an identified or identifiable natural person.
This agreement concerns the appointment of the person in charge of the processing in compliance with the rules established by the GDPR, as well as the confidentiality obligations relating to the Personal Data, and is intended as an integral part of the Contract.
3. Ownership of the processing of personal data and appointment of Data processor
The Data Controller is the owner of the data collected.
The Parties mutually acknowledge that 1MinuteSite LTD is appointed by the Data Controller as Data processor of Personal Data of third parties that will be communicated to it and / or that it may process and / or data of which it will become aware, for the purposes of the execution of the Contract .
The Data Controller expressly confers to 1MinuteSite LTD a general authorization for the appointment of additional data processors, also in the name and on behalf of the Data Controller.
1MinuteSite LTD will inform the Data Controller of any planned changes concerning the addition or replacement of other data processors, thus giving the Customer the opportunity to object to such changes.
4. Appointment of Managers
If 1MinuteSite LTD uses another data processor to perform specific processing activities on behalf of the Data Controller regarding the execution of the Contract, 1MinuteSite LTD will impose, by means of a different specific contract, the same obligations regarding the protection of data contained in the Contract and in this agreement, providing in particular sufficient guarantees to implement appropriate technical and organizational measures, so that the treatment meets the requirements of the law.
If the other processor fails to comply with its data protection obligations, 1MinuteSite LTD will retain full responsibility for fulfilling the obligations of the other person responsible.
5. Methods of processing
The processing of personal data of third parties, carried out in the fulfillment of the Contract, will have an equal duration.
The categories of third parties that are subject to treatment are:
Persons who transit, use, the website of the Owner realized in the execution of the Contract or, in relation to the type of Contract and the related services offered, fill in the contact format;
Such personal data will be processed for purposes of fulfillment of the Contract.
6. Tasks of 1MinuteSite LTD as Data Processor
1MinuteSite LTD in particular:
It will only process Personal Data on the instructions of the Data Controller, which must be sent by email, also in case of transfer of Personal Data to a third country or an international organization, unless required by Union or national law under that 1MinuteSite LTD is subject. In this case, the Data Controller will inform teh Data Processor about this obligation, prior to processing, unless otherwise required by law;
It will guarantee that the persons authorized and entrusted with the processing of Personal Data are bound by confidentiality in relation to the data processed;
It will offer the Data Controller - through appropriate technical and organizational measures, related to the nature of the treatment - any support in order to allow them to meet the obligation to follow up the requests for the exercise of the rights of the data subject;
He will assist the Data Controller, taking into account the nature of the processing and the information at its disposal, in order to allow them to:
Adopt the security measures referred to in the Contract and / or referred to in this document;
Make impact assessments on data protection;
Consult the supervisory authority also through prior consultation;
Make a communication of a violation of Personal Data to the interested party;
Notifying a violation of Personal Data to the supervisory authority;
In case of termination of the Contract and its effects, upon written indication of the Owner, whether it intervened in any capacity or reason, it will delete or return all Personal Data processed and will delete the existing copies, unless otherwise required by law;
It will make available to the Data Controller all the information necessary to demonstrate compliance with the Law obligations regarding the processing of Personal Data. It will contribute to the auditing and inspection activities performed by the Data Controller or another person appointed by it, in accordance with the Contract and to the applicable law;
It will immediately inform the Data Controller if, in his opinion, an instruction breaches any data protection law.
7. Security measures in the context of the processing of Personal Data
The Parties agree that 1MinuteSite LTD provides sufficient guarantees to put in place suitable technical and organizational measures in such a way that the treatment meets the requirements of the Law ensuring the protection of the rights of the data subject.
1MinuteSite LTD, as Data Processor, undertakes to adopt appropriate technical and organizational measures in order to guarantee the protection of personal data. These measures ensure, taking into account current knowledge on the subject and the costs of implementation, and the nature, object, context and purpose of the processing, as well as the risk of varying probability and seriousness for the rights and the freedoms of natural persons, a level of security appropriate to the risks presented by the processing and the nature of the data to be protected. In assessing the adequacy of the security level, 1MinuteSite LTD will take into account in particular the risks presented by the processing that derive in particular from destruction, loss, modification, unauthorized disclosure or access, in an accidental or illegal manner, to Personal Data transmitted, stored or otherwise processed.
1MinuteSite LTD, where possible, will adopt appropriate technical and organizational measures to guarantee:
Pseudonymisation and encryption of Personal Data;
The ability to ensure on a permanent basis the confidentiality, integrity, availability and resilience of processing systems and services;
The ability to promptly restore the availability and access of Personal Data in the event of a physical or technical incident;
A procedures for testing, verifying and regularly assessing the effectiveness of the technical and organizational measures.
8. Security breach
Each of the Parties will communicate to the other each case of destruction or loss of Personal Data of third parties handled in the execution of the Contract, unauthorized access or treatment not allowed or non-compliant, within 6 (six) hours from the time of its discovery , through a communication to be sent by PEC.
Unless otherwise provided by lae, no charge or liability may also be contested by the Data Controller against the Data Processor in case of violation of the current privacy rules by the Data Processor in relation to any processing operation that causes non-compliance with the current regulations, or any violation of the Contract and / or legal provisions that may cause damage due to the processing of Personal Data. This article does not apply in cases of willful misconduct or gross negligence.
10. Verifications and checks
The Parties, at any time, after agreeing on the timing and procedures, may perform checks and / or have the delegates and / or an inspection body composed of independent subjects and / or specifically identified individuals with the necessary professional qualifications , bound by a duty of confidentiality, if the personal data of third parties are treated in accordance with the provisions of the Contract, also by means of specific access to the premises and / or the IT infrastructure of the other Party. At any time a Party may request the other, also by means of delegated subjects, to carry out the aforementioned checks and to provide suitable reporting.
11. Reference to other provisions
In the event of conflict between this section and any other clause set forth in the Contract, this section prevails.
The provisions set forth in this document must be interpreted in such a way as to give them the sense that results from the set of clauses provided for in the Contract.