SEAFACS INFORMATION & RESEARCH®

TERMS & CONDITIONS

  1. The Service
    The Seafacs Information & Research (“SIR”) Service (the “service”) is provided exclusively to Clients on the terms set out below. Parties enter into this Agreement by paying an annual subscription fee for the service or by instructing SIR on a per enquiry basis and shall be a “Client” for the purposes of these terms and conditions.
  2. Confidentiality & Intellectual Property
    SIR recognises and supports the Code of Ethical Practice of the Association of Independent Information Professionals. SIR recognises the importance of confidentiality in the enquiries it handles. To this end SIR agrees to take reasonable measures to protect the secrecy of and avoid disclosure and unauthorised use of any information which has been identified in writing by the Client as being confidential, using the same measure of care as SIR uses to protect its own information but not less than reasonable care. The foregoing shall not apply in the event of a request for disclosure by a bona fide legal or regulatory authority.SIR recognises intellectual property rights and respects licensing agreements. SIR is committed to the practice and principle of one time use of copyrighted material. The Client warrants at all times to strictly adhere to the applicable provisions of international copyright laws.
  3. Liability
    The Client and SIR acknowledge they have freely and openly entered into this Agreement, including pricing, with the knowledge that the liability of the parties is to be limited in accordance with the provisions of these terms.In providing any service information, data or obtaining advice neither SIR nor any of its officers, employees or agents (the “SIR Parties”) warrants the accuracy or completeness of that information, data or advice, which is provided by SIR on an ‘as is’ basis for informational purposes only, and Client shall be entirely responsible for any decisions made using any such information, data or advice. The Client hereby acknowledges that it is the best judge of the value, accuracy and importance of the information, data or advice supplied and SIR shall not be liable for the Client’s use of the information, data or advice obtained in any way.

    Except as set out herein, neither SIR nor any of the SIR Parties shall be liable for any injury, loss, damage or expense whatsoever or howsoever sustained by any person due to any act, omission or error of whatsoever nature and howsoever caused, or due to any inaccuracy of whatsoever nature and howsoever caused in any information, data or advice obtained, even if SIR has been advised or was or ought reasonably to have been aware of the possibility of such loss of damage, except to the extent that such liability cannot be excluded at law.
    Furthermore, SIR and the SIR Parties shall under no circumstances be liable for injury, loss, damage or expense which falls into any of the following categories; a. lost revenue; b. lost profit; c. loss of business; d. trading losses; e. inaccurate distributions or f. any incidental, indirect, exemplary, consequential, special or punitive damages of any kind (whether assessed on the basis of contract, tort or otherwise), except to the extent that such liability cannot be excluded at law.

    Without prejudice to any other terms of this Agreement, if any person who is a party to which these terms and conditions apply, suffers injury, loss, damage or expense which is proved to have been due to any negligent act, omission or error of SIR, or the SIR Parties, then SIRs total liability under this Agreement shall under no circumstances exceed a liability cap equal to (a) the amount of the fee paid or payable by Client to SIR for the specific enquiry concerned, or (b) the proportion of the annual subscription fee paid or payable by Client to SIR in respect of the year in which the enquiry was first made, and which is attributable to the enquiry or (c) in any other event £250.

    The terms of the Agreement run exclusively between SIR and the Client and not to an affiliate of the Client, member, customer or any other person. The Client undertakes to indemnify defend and hold harmless SIR against any loss, damage or expense suffered by or claims made against SIR by any third party whatsoever, including legal costs in defending any such claim, arsing out of the performance of this Agreement or a breach by the Client of any of the terms of this Agreement.

  4. Charges – Clients using the service are charged as follows:
    (a) A negotiated annual subscription, such subscription to include SIR time spent in dealing with any enquiry up to a maximum of 2 hours per enquiry, thereafter time is charged at £70 per additional hour.
    (b) Occasional, per enquiry usage. A minimum charge of £250 per enquiry up to a maximum of 2 hours, thereafter time is charged at £70 per additional hour.
  5. Clients undertake to make these terms and conditions known to all employees using or likely to use the service.
  6. No modification of this Agreement, and no waiver of any breach of this Agreement, shall be effective unless made in writing.
  7. Should SIR be requested by more than one party to provide any services information data or obtain advice relating to the same incident or subject matter, SIR shall be entitled respond to each such request, on the understanding that SIR never accepts instructions to act as an expert witness.
  8. These terms and conditions shall be governed by and construed in accordance with English Law with exclusive jurisdiction of the courts of the High Court in London, England.

PRIVACY STATEMENT

Seafacs has created this privacy statement to demonstrate its firm commitment to online privacy.

This Privacy Statement explains the personal data we collect and how it is used. Personal information is any information that can be used or that we can link to you.

Why is Seafacs updating its privacy statement?
To meet the high standard required by the European Union’s General Data Protection Regulation (GDPR).

How often do we anticipate updating our privacy statement?
We will update our privacy statement as necessary to ensure that our policies are in line with international regulations, our products and business practices.

What information does Seafacs collect?
Seafacs maintains a list of email addresses solely for sending electronic ezines which you have paid for; which are part of your annual subscription to the Seafacs service; or which you have requested.

Does Seafacs sell information to third parties?
No. We never have. And we never will.

How do I delete my personal data from Seafacs?
You can always send us an email to seafacs@sir.co.uk and request that your data be deleted. Within 24 hours you will receive confirmation that this has been done.

How long does Seafacs keep my information?
Seafacs retains this data for as long as necessary to provide the services, or until you have requested it be deleted

How is information stored and secured?
The data is kept on a single user password protected PC with a back-up copy, on an external hard drive, maintained at our office. It is accessed by Seafacs at the time of sending out an electronic ezine.