Overview

This document outlines the terms and conditions for the free hosted ResourceSpace service.

  1. Service Scope

    The scope of service includes:-

    1. Hosting of a free installation of ResourceSpace.
    2. Storage of 10GB of asset data.

  2. Software support

    1. Software support will not be provided as part of this agreement. Support can be purchased from Montala separately via our Cloud Packages.
    2. Documentation is provided in the Knowledge Base area of this site.
    3. Although we endevour to keep the documentation up to date, we are not accountable for the accuracy of the information in the Knowledge Base.

  3. Termination

    1. Montala may terminate your service at any time if the terms outlined here are broken.
    2. Montala will terminate your service if it is not accessed by any user for a period greater than
      1. 12 months if any resources have been uploaded to the system
      2. 6 months if no resources have ever been uploaded to the system
      3. 30 days if no resources have ever been uploaded and no user has ever logged in
    3. Montala may additionally terminate this agreement for any reason with three months' notice.
    4. You may terminate this agreement at any time by notifying Montala of your desire to do so. Termination will take effect immediately upon sending such notification to Montala. We will destroy all stored copies of your data in this event.
    5. All data will be deleted 12 months after termination unless deletion is requested immediately.

  4. Software

    1. This agreement transfers to you neither title nor any intellectual property rights to the software, documentation, or any copyrights, patents or trademarks, embodied or used in connection therewith.
    2. Any third party software is supplied to you on the basis of the relevant third party's license terms with which you agree to comply.
    3. You acknowledge that software in general is not error-free, and agree that the existence of such errors will not constitute a breach of this agreement.

  5. Data Liability

    1. We shall have no liability for any loss or damage to any data stored on your free installation.

  6. Hardware and Network

    1. You will not be the owner of the physical server.
    2. The server shall be installed and operated by us. You will have no right of physical access to the server.
    3. You acknowledge that we cannot guarantee that the server will be free from defects. Nor can we guarantee that it will operate uninterrupted or without failure.
    4. We shall use our reasonable endeavours to make available to you at all times the services but we shall not, in any event, be liable for interruptions of service or down-time of the server.
    5. We reserve the right to change the IP address and domain name assignments at any time.

  7. Use of Services

    1. You shall keep secure any identification, password and other confidential information relating to your account or the services and shall notify us immediately of any known or suspected unauthorised use of the services or breach of security, including but not limited to loss, theft or unauthorised disclosure of your password or other security information.
    2. We operate a fair use policy with respect to server bandwidth. The monthly quota for combined uploads and downloads for is 10GB. We reserve the right to terminate the service if this limit is exceeded.
    3. You are solely responsible for the content of any postings, data or transmissions using the services or any other use of the services by you or by any other person or entity authorised by you.
    4. You will not carry out penetration testing, or any other sort of security testing, on a free service without our express consent. Any such activies will be considered hacking ("cracking") attempts and you may incur criminal or civil liability and Montala will at its discretion fully co-operate on investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities.
    5. You represent, undertake and warrant to us that neither you nor any person or entity authorised by you will use the services for illegal purposes.
    6. In particular, you represent, warrant and undertake to us that you or any person or entity authorised by you, will not upload, post, link to or transmit:
      • any material which would be harmful to children, including content depicting, promoting or facilitating: pornography, serious violence, bullying, self-harm, eating disorders. Pornographic content is defined as content of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal.
      • any unlawful content, including child sexual abuse material, terrorism, fraud, selling illegal drugs or weapons, and content encouraging self harm or suicide.
      • any material which is threatening, abusive, malicious, or defamatory. 
      • any material containing a virus or other hostile computer program
      • any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction. 
    7. It is your responsibility to make sure any content uploaded by you or those you have authorised does not break the definitions listed above.
    8. You will not use the Services in any manner which interferes with, or disrupts, other network users, services or equipment including, without limitation, unsolicited advertising or chain letters, "junk mail" or "spam" of any kind, inappropriate news group or forum posts, wrongly impersonating another user and falsifying one's network identity, surveys, contests, pyramid schemes or otherwise engage in any other behaviour likely to damage or destroy Montala's reputation or the reputation of any other third party.
    9. It is your responsibility to manage ResourceSpace user accounts and ensure that passwords are of the required complexity, that only authorised users are given valid usernames and passwords, and that unused accounts are removed as appropriate. We are not responsible for the management of ResourceSpace user accounts.

  8. Data Protection

    Definitions: "Data Protection Legislation" means the General Data Protection Regulation 2016/679 and any laws implementing or supplementing such regulation and to the extent applicable the data protection or privacy laws of any other country.

    1. In this clause, references to Data Controller, Data Processor and Data Subject have the meanings set out in the Data Protection Legislation. References to Personal Data in this section comprises the Personal Data as defined by the Data Protection Legislation.
    2. With respect to the parties' rights and obligations under this agreement, the parties agree that you are the Data Controller and we, as Montala, are the Data Processor.
    3. We shall comply at all times with the Data Protection Legislation.
    4. Nothing within this agreement relieves the Data Processor of its own direct responsibilities and liabilities under the Data Protection Legislation.
    5. We will act only on documented instructions from you as the customer in respect of any Personal Data processed.
    6. At all times we will have appropriate technical and organisational measures in place against unauthorised or unlawful processing of Personal Data and against accidental or unlawful loss or destruction of, alteration or unauthorised disclosure of or access or damage to, Personal Data held or processed by us, appropriate to the harm that might result from such accidental, unauthorised or unlawful processing or loss, destruction or damage to Personal Data and the nature of the Personal Data.
    7. We will ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services as well as the ability to restore the availability and access to Personal Data in a prompt manner in the event of a physical or technical incident as required under Data Protection Legislation.
    8. We will not engage another processor without your prior written consent, and where another processor is engaged ("Sub-Processor") we shall:
      1. ensure that the Sub-Processor complies with the obligations set out in this clause 9.3 and the Data Protection Legislation;
      2. in the case of a general consent from you as the customer for use of Sub-Processors, inform you of any changes concerning the addition or replacement of Sub-Processors to which you have the right to object, and
      3. remain liable for any act or omission of any Sub-Processor in respect of its obligations arising from its processing of the Personal Data.
    9. We will ensure that international data transfers have appropriate safeguards in place, e.g. the countries or territories are covered by adequacy regulations -or- there’s an applicable international data transfer agreement (IDTA) addendum to the European Commission’s standard contractual clauses (SCC).
    10. We will assist you in complying with your obligations under Data Protection Legislation, including in relation to the security of Personal Data.
    11. We undertake to assist you in responding to requests by Data Subjects to exercise their rights under Data Protection Legislation, including taking any action required to comply with such requests and will immediately notify you of any such requests received by us or any Sub-Processor without responding to such requests or enquiries unless expressly otherwise instructed by yourselves.
    12. We will take all necessary steps to ensure the reliability of any of our staff who have access to Personal Data processed under this agreement and ensure that they are subject to appropriate obligations of confidentiality.
    13. We will not transmit the Personal Data to a country or territory outside of the United Kingdom and European Economic Area without your prior written consent unless required to do so by Union or Member State law to which Montala is subject (in which case we shall immediately inform you of that legal requirement before carrying out such processing unless prohibited from doing so under applicable law).
    14. We shall allow you to audit as and when necessary, in accordance with the Data Protection Legislation, the technical and organisational measures in place to ensure compliance with the Data Protection Legislation and to make available all information necessary to demonstrate such compliance.
    15. We will inform you where, in our opinion, any instruction is likely to result in a breach of Data Protection Legislation.
    16. If required we will delete or return all Personal Data in our possession or control to the extent technically feasible save as required by any applicable law.
    17. We undertake to notify you as soon as possible (and in any event within 24 hours) if we become aware of any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data, and provide all information regarding such breach that you specifically request or which may reasonably be expected to be required or appropriate in order for you to comply with your legal obligations under the Data Protection Legislation.

  9. Ownership of Data

    1. We acknowledge and agree that you shall own all data provided or stored on your behalf on the server or backup mediums. Should you wish to retain a copy of the uploaded data it is your responsibility to do this using the export and download tools available within the software.