Home Lumos Pricing Articles About Us             Terms & Conditions Below are the terms and conditions for using Lumos, issued in May 2011. Last amended: 1st Septmeber 2013.     ETHOS and LUMOS End User License Agreement Please read this EULA carefully, as it sets out the terms and conditions upon which we license our Software for use. By logging onto this software, you agree to be bound by the terms and conditions of this EULA. [You further agree that [your employees / any person you authorise to use the Software] will also be bound by the terms and conditions of this EULA.] If you do not agree to this EULA, you must not use the software for any purpose whatsoever. 1. Definitions and interpretation 1.1 In this EULA: “Agreed Communications” means the Licensor or Licensee can contact each other by using either telephone on the telephone numbers specified, or by Email using the appropriate email address given, or by postal letter such as Royal Mail to the Licensors Registered or Head Office. “Cloud-based” is the latest method to access both software and information/data over the World Wide Web or Internet. “Computer” means a desktop, laptop, notebook, net book or any web enabled device owned by and in the control of the Licensee; “Effective Date” means the date when: (a) the Licensee agrees to the terms and conditions of this EULA; and (b) the Licensee has paid the appropriate in advance monthly or annual fee to the Licensor and the said fee has cleared the banking system. “EULA” means this end user licence agreement and any amendments to it from time to time; “External Data” means additional files attached to the case, such as; company logo’s, case images (compressed or otherwise), case video/movie/AVI tracks, case audio tracks (WAV, MP3 or otherwise) and case documents including Adobe or similarly produced PDF documents. “Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including [failures of or problems with the internet or a part of the internet,] power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars); “Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registered or unregistered, including any application or right of application for such rights (and the “intellectual property rights” referred to above include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, and rights in designs); “Licensee” means the licensee of the Software under this EULA; “Licensor” means Haldon Studios Limited, a limited company incorporated in England and Wales (registration number 07840393) having its registered office at 255 Packington Avenue, Shard End, Birmingham, B34 7RU “Licensor’s Offices” (a) Head Office: Mr. Chris Thompson; Managing Director Haldon Studios Limited. Ley Close, Kingsford Lane, Holcombe Burnell Exeter. EX6 7SB Telephone (01392) 811673 (b) Head Office Mrs. Elizabeth Frances Thompson; Director and Company Secretary Haldon Studios Limited. Ley Close, Kingsford Lane, Holcombe Burnell Exeter. EX6 7SB Telephone (01392) 811673 (c) Registered Office: Mr. Colin Walker; Senior Management and Company Accountant Haldon Studios Limited. 255 Packington Avenue, Shard End, Birmingham. B34 7RU Telephone (0121) 747 9933 “Software” means a Web based SQL database solution for (a) Ethos, for High Court enforcement , Parking enforcement, Council Tax Enforcement, NNDR Enforcement, Rent Enforcement , Sundry Debt Enforcement, Process Servers and Private Investigators. (b) Lumos, for Process Servers and Private Investigators only. “Support hours” The licensors normal support hours are 0900 hrs to 1300 hrs and 1400 hrs to 1630 hrs Monday to Friday, excluding bank holidays. “Upgrade” an upgrade, update, enhancement, improvement or patch to the Software supplied by the Licensor. “Warning - IMPORTANT” Do not under any circumstances include your login credentials on any email to anyone, including when communicating with the Licensor. Emails are not safe. It is the Licensees responsibility to keep their login credentials safe. Once issued, the Licensor will never ask for them by email. If the Licensee receives phishing emails or any other kind of communications requesting you to provide or re-confirm your login credentials, ignore it and please advise the Licensor immediately. “Working hours” The licensors normal support hours are 0900 hrs to 1300 hrs and 1400 hrs to 1730 hrs Monday to Friday, excluding bank holidays. 1.2 In this EULA, a reference to a statute or statutory provision includes a reference to: (a) that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and (b) any subordinate legislation made under that statute or statutory provision. 1.3 Where instructions in writing from either the Licensor or the Licensee are required, then either: (a) a written letter delivered by Royal Mail or other postal service; and/or (b) an email; and/or (c) a faxed instruction to our registered office fax number is deemed acceptable by all parties. 1.4 All times given are working week days Monday to Friday and exclude public bank holidays. Other times the Licensor’s offices are closed such as Christmas for example will be notified to the Licensee in writing. 2. Term of EULA This EULA will come into force on the Effective Date and will continue in force for a minimum period of 12 calendar months from the Effective date. During this period the agreed in advance monthly or annual fee should be paid to the Licensor as per the EULA; 2.1 The Licensor acknowledges the right of the Licensee to terminate the contract within a 7 day cooling off period, provided no configuration or development time has been undertaken by the licensor or any data has been created and/or stored on the Licensors database. 2.2 Notice of 6 calendar months must be given to the Licensor by the Licensee to terminate the contract period, subject to the minimum 12 calendar months having elapsed. 2.3 The Licensee is entitled to store up to 1GB of external cloud storage. As an example 1GB equates to approximately 7 thousand images (assuming each compressed image is approximately 142.8 kBytes in size). The software automatically compresses image files as they are saved to the case. 2.4 Should the Licensee wish to store more than 1GB of external data a small additional in advance charge shall be invoiced to the Licensee. See the current Licensor’s price guide for details. 2.5 The standard charge per licensee enables up to 2 concurrent users to logon to the Software. 2.6 The standard charge per licensee provides one standard scheme (Such as High Court, Council Tax, NNDR, Parking, Sundry Debt, Process Serving, Evictions, Private Investigations and so on) 2.7 Additional users may be purchased from the Licensor, for an additional in advance charge. See the current Licensor’s price guide for details. 2.8 Additional Schemes (Such as High Court, Council Tax, NNDR, Parking, Sundry Debt, Process Serving, Evictions, Private Investigations and so on) may be purchased from the Licensor, for an additional in advance charge. See the current Licensor’s price guide for details. 2.9 The standard charge per licensee enables unlimited cases to be worked by agents using their own paid for license without further charge [Lumos only]. 2.10 The standard charge per licensee enables all the Licensee’s clients to access the license through the client portal without further charge. 2.11 Should the Licensee fail to pay the agreed in advance payment for the use of the software, the Licensor reserves the right to terminate any such contract and consider a legal claim for any out of pocket expenses which may have been incurred. 2.12 Should the Licensor uncover evidence of misuse of the License, such as continued forced entries to avoid purchasing additional licenses etc, then the Licensor reserves the right to suspend or terminate the License which was found to be misused should the Licensee refuse to rectify the misuse. 2.13 Should the Licensee contract be terminated by the Licensor, then that termination shall be notified to the Licensee in writing only. 2.14 Once any contract between the Licensor and Licensee has been terminated, the Licensee’s data may be made available to the Licensee in various formats, so that the Licensee can access their data using various software tools they may have available to them. Usually this will be a chargeable service as defined in 6.1 below. 2.15 As part of the standard charge, the Licensee is making a contribution towards the server storage space as defined in 2.3 above. Once the contract between the Licensor and Licensee has been terminated, the Licensor reserves the right to delete the Licensees data after a 30 day period, unless otherwise agreed. 3. Support 3.1 The Licensor will be responsible for providing support for the software during the licensors advertised support hours. 3.2 The Licensor will be responsible for providing problem fixes and upgrades to the software, in the unlikely event of any problems being found. 3.3 Unless otherwise agreed, the Licensor shall not be responsible for the support of other software applications the Licensee may be using such as, but not limited to; workstation or other server operating systems, the internet browser or updates of, drivers, email software or associated software such as Microsoft Office. 3.4 Unless otherwise agreed, the Licensor is also not responsible for any Licensee hardware related support issues. This includes other servers, server backup solutions, workstations, workstation backup solutions, web enabled devices, LAN’s, WAN’s, hubs, switchgear, routers, all printers, scanners, wiring and Uninterruptable Power Supplies. 3.5 Training can be performed by the Licensor either over the telephone/Skype connection by pre-arranged appointment. Training sessions can only be provided once without charge and additional training for new staff at a later date can also be provided at a charge to be agreed. 3.6 Once trained, that trained person shall be responsible for all future co-ordination between the Licensee and the Licensor. 3.7.0 The Licensor may be contacted by one of the following methods only: (a) For any development work, in the first instance contact either: Colin Walker on colin@haldonstudios.co.uk or by telephone on 0121 747 9933 Chris Thompson on chris@haldonstudios.co.uk or by telephone on 01392 811673 (b) For Support, contact either: Peter Thompson on peter@haldonstudios.co.uk or Colin Walker on colin@haldonstudios.co.uk or by telephone on 0121 747 9933 (c) For any Account Queries, contact: Colin Walker on colin@haldonstudios.co.uk or by telephone on 0121 747 9933 3.8.0 Unless otherwise advised, the normal working hours are defined in 1.1. If for any reason, the office will not be manned, such as illness, training sessions and so on, alternative arrangements will be notified to the Licensee in one of the agreed communications methods. 3.9 From time to time updates are uploaded onto the server, and as a result of this process it may be the case the server needs to be taken offline for small periods of time. This occurrences shall be kept to a minimum, however if it is avoidable that the server has to be taken off line, thus resulting in the Licensee being unable to access their License or data, then the Licensor will endeavour to advise the Licensee using one of the agreed communications methods. Backup 4.1 All programs and data are automatically backed up to another server in a different building in another area of the country at the following times during each day: 1200 hrs 1500 hrs 1800 hrs Force Majeure Event 5.1 The software is being continually updated with new functionality for the benefit of all users. For this reason it must be accepted that occasionally compatibility issues may arise, commonly known as bugs which will be corrected as soon as they are made known to the Licensor. The Licensor accepts no responsibility for the Licensee coming across any issues and any resulting lost time and/or out of pocket expenses as a result of such issue whatsoever. 5.2 The licensor also accepts no responsibility for lost time and/or out of pocket expenses for the following reasons: (a) Incorrectly working Licensee’s computer hardware and/or software and/or data. (b) The Licensee misusing the hardware and/or software and/or data. (c) The licensee losing control of their login credentials to unknown third parties and/or loss of data/corruption of data/theft of data due to those of credentials or illegal access. (d) Inability of the Licensee to connect or reach any of the Licensor’s Server due to a failure of the internet and/or components of the internet. (e) Inability of the Licensee to connect or reach any of the Licensor’s Server due to the Internet Service Provider being faulty or being taken offline or similar such event. (f) Inability of the Licensee to connect or reach any of the Licensor’s Server due to a fault or similar problem or technical issue with the Internet Service Providers equipment or services. 5.3 The Licensor gives an undertaking to the Licensee to resolve any issues reported to the Licensor as soon as reasonably possible: (a) Issues that are in the unlikely event found to be bugs, will be addressed with the highest priority within 2 hours. It is essential to provide as much detail as possible including the Licensee’s name and contact information, a description of the problem, the case reference, the URL address (at the top of the screen) and any further details which are relevant. Do not under any circumstances include your login credentials on your email. (b) Issued logged, with an email high importance will generally be looked into within 4 hours. It is essential to provide as much detail as possible including the Licensee’s name and contact information, a description of the problem, the case reference, the URL address (at the top of the screen) and any further details which are relevant. Do not under any circumstances include your login credentials on your email. (c) Issues logged without high importance will generally be looked into within 6 hours. It is essential to provide as much detail as possible including the Licensee’s name and contact information, a description of the problem, the case reference, the URL address (at the top of the screen) and any further details which are relevant. Do not under any circumstances include your login credentials on your email. (d) Other issues such as additional functionality requests will be addressed as soon as possible, within 5, but often 3 working days. All requests should be made in writing (email/postal service) and directed to either Colin Walker or Chris Thompson. Development Charges 6.1 Where charges are applicable, work shall be estimated only, not quoted, based on an estimated number of hours it has been calculated to program, configure and install said work. Charges for senior management are based on £ 400.00 plus VAT per day Charges for other development persons within the company are based on £ 350.00 plus VAT per day Conclusion 7.1 The Licensor reserves the right to update and/or modify this EULA without notice.