Code of Practice
Each of the parties agrees not to:
disclose any Confidential Information received from the other party; or make any use of any such Confidential Information other than for the purposes of performance of this Agreement.
Each party may disclose Confidential Information received from the other to its responsible employees, consultants, sub-contractors or suppliers who need to receive the information in the course of performance of this Agreement.
The confidentiality obligations shall not apply to any information which:
- is or subsequently becomes available to the general public other than through a breach by the receiving party; or
- is already known to the receiving party before disclosure by the disclosing party;
- is developed through the independent efforts of the receiving party; or
- the receiving party rightfully receives from a third party without restriction as to use.
Customer hereby agrees fully to indemnify, keep indemnified and hold harmless AforeUK, its officers, employees, agents, sub-contractors and affiliated companies from and against any and all costs, claims, losses, damages and expenses (including, but not limited to, legal fees) sustained or incurred by AforeUK or its any of its officers, employees, agents, sub-contractors or affiliated companies directly or indirectly and in any jurisdiction as a result of:
- any breach of any of the warranties given by Customer in this Agreement;
- otherwise howsoever arising out of the provision by AforeUK of any Service hereunder unless on account of breach of contract or negligence by AforeUK; and/or any breach by Customer of any of its obligations in this Agreement.
Intellectual Property Rights
The Customer acknowledges and agrees that it will not own or acquire ownership of any Intellectual Property Rights in or relating to the Services or created in performing the Services and that it will have no rights in or to the Services other than the rights expressly granted by the Agreement.
No Intellectual Property Rights created or acquired by AforeUK will transfer or be assigned to the Customer unless AforeUK and the Client have signed a written assignment document to that effect.
The Customer shall address any complaints concerning the provision of the Services to AforeUK in writing, by post, or email. In addition, the Customer may email a complaint to AforeUK using the online support email ticketing system.
Any notice to be given or made by either Party under or in connection with this Agreement must be in writing and given or made to the Customer at its address stated on the Customer Order and/or the address specified on the Customer default account, and to AforeUK at its Correspondence Address or to such other address as either Party may from time to time notify to each other.
Every notice, if so addressed as indicated is deemed to have been duly given or made, if delivered by hand, upon delivery at the address of the relevant Party, if sent by pre-paid first-class post, (2) calendar days after the date of posting and if transmitted by facsimile, at the time of transmission (provided a confirmatory letter is sent by pre-paid first-class post) provided that, where, in accordance with the above provisions, any notice would otherwise be deemed to be given or made on a day which is not a Business Day or after 4.00 p.m. on a Business Day, such notice shall be deemed to be given or made at 9.00 a.m. on the next Business Day.
The Parties may additionally serve notice on each other by email to:
- the Customer’s email address as defined on the Customer’s default contact details; or
- in the case of AforeUK, to the Correspondence Address.
In the event of notice by email transmission, emails shall be deemed sent once transmitted from the relevant email server.