1.1 The Nivio service provides you with a range of computer-orientated services (including a personalised online Windows desktop environment, helpdesk services and internet connectivity) as further described elsewhere on this website. You can sign up for the Nivio service online from this website. When you have done this, our binding legal contract with you (as set out in, and created by, these Terms) commences.

1.2 We may accept instructions regarding the Nivio service directly from you or from someone that we are reasonably satisfied has your authority.

1.3 When we provide the relevant services to you, we undertake to do so using a reasonable level of skill and care such as you would expect from a reasonably competent internet service provider.

2.1 You will need to have access to suitable computer hardware, software, telecommunications equipment and other basic telecomm-unications services in order to access and use the Nivio service. These Terms do not cover the provision of such basic equipment or services necessary to obtain access to the internet or to connect to the Nivio service.

2.2 We ask that you register with us using your correct name, e-mail address and other requested personal information. You agree to provide true, current and complete information about yourself as prompted by our registration form and to promptly update the information that you provide to us from time to time in order to keep it true, current and complete. If we have reasonable grounds to suspect that any information that you have provided to us is in fact untrue, inaccurate or incomplete, we may suspend or terminate your access to the Nivio service. If any of the information that you give to us when you register for the Nivio service changes, including your payment details, you must inform us immediately.

2.3 By signing up for the Nivio service, you are agreeing to immediate provision of those services to you by us. As such, you cannot cancel your subscription for the Nivio service, free of charge, within the seven (7) day ‘cooling off’ period otherwise provided for under the Consumer Protection (Distance Selling) Regulations 2000 (and this paragraph 2.3 constitutes the provision of the required statutory notice to you of that fact).

3.1 When you sign up for the Nivio service, we will issue you with a username and a password (and we may also issue you with a Nivio.com Card if available in your region). These are essential for your secure use of the Nivio service, so in turn you must ensure that they are kept confidential, secure and are used in accordance with all relevant instructions from us.

3.2 If we think there is likely to be a breach of security or any other misuse of the Nivio service we may (a) change your password, in which case we will notify you that we have done this and/or (b) suspend your username and password access to the Nivio service (please also see paragraph 8 below).

3.3 If you think that your username or password has become known by someone not authorized to use it, or if any password is being or is likely to be used in an unauthorised way, you must inform the Nivio support team immediately at support@nivio.com.

3.4 If you have been provided with a Nivio.com Card and this card is misplaced, we should be also notified immediately so that we can cancel the card and provide you with temporary access information. If you have forgotten your password, you should also contact the Nivio support team at support@nivio.com.

3.5 We will have no liability to you, under these Terms or otherwise, in connection with any unauthorised access to (or use of) your Nivio account and/or your data that occurs directly or indirectly as a result of any lost, stolen or misused Nivio.com card, username and/or password.

3.6 We are not obliged to monitor, detect or report any unauthorised use of the Nivio service and you shall be solely responsible and liable for all user charges that are incurred as a result of any such unauthorised use.

4.1 We may need to temporarily suspend the Nivio service for operational reasons (e.g. for repairs, planned or emergency maintenance, upgrades etc.) but, before we do, we will give you as much notice as we can and we will restore the service as soon as possible after any such suspension. We may also have to alter code or access numbers or technical specifications associated with the Nivio service for operational reasons and, where we need to tell you about this, we will give you as much notice as we can.

4.1.1 If we give you instructions about health and safety issues when using the Nivio service, or regarding your use of the Nivio service to ensure the quality of the service that we provide to you and other users, you agree to fully observe those instructions.

4.2 Although we attempt to provide you with the best possible level of service, we cannot guarantee that the Nivio service will be free of faults and defects. However, we will correct all reported faults and defects as soon as we reasonably can. If there is a fault or defect with any aspect of the Nivio service, you should contact the Nivio support team at support@nivio.com.

4.3 We may change the nature or scope of the Nivio service, or remove or amend any of the software or content comprising the Nivio service, at any time if required or commercially desirable, and without further notice to you. However, we will try to keep you fully informed of any such changes.

4.4 We may monitor messages to or from, and conversations with, the Nivio support team for training purposes and to improve our customer service.

4.5 If we cannot do something that we have promised to do in these Terms because of circumstances that are beyond our reasonable control (including, without limitation, any industrial dispute(s) involving any or all of our employees), we will not be liable to you for this. If the applicable circumstances continue for a period of more than three (3) consecutive months, we can terminate the legal contract between you and us immediately by giving you written notice pursuant to paragraph 7.1 below.

4.6 These Terms set out the full extent of our obligations and liabilities to you in respect of the deployment and provision of the Nivio service to you. All conditions, warranties, collateral warranties, representations and other terms concerning the Nivio service which might otherwise be implied into these Terms (whether arising by statute, operation of law or otherwise) are hereby expressly excluded to the fullest extent permitted by law.

4.7 Due to the nature of the internet, the Nivio service is provided “as is” and “as available” with any and all faults and (save as stated herein) we do not warrant the quality or functionality of the Nivio service or any results obtained by you from using the same, nor do we warrant that the Nivio service (i) will be free from inaccuracies, bugs, viruses, interruptions or other limitations or that it will operate without fault, error or interruption (ii) will meet your strict requirements or (iii) is fit for a particular purpose.

5.1 As part of the Nivio service, we may provide you with applications, data, information, video, graphics, sound, music, photographs, software or other material. This content is always changing, as we try to provide you with the best possible service, and therefore, from time to time, you may notice changes in the content you can access through the Nivio service.

5.2 The content that we provide to you from time to time can only be used for your own private purposes and is protected by copyright, trademark and all other applicable intellectual property rights. You are not allowed to copy, reproduce, store, adapt, modify, dis-assemble, transmit, distribute externally, play or show in public, broadcast or publish any part thereof.

5.3 Although we take suitable precautions, we cannot guarantee the accuracy or completeness of any of the content that we provide or make available to you through the Nivio service. For this reason, your use of that content (for whatever purpose) is entirely at your own risk.

5.4 Some of the content that we provide or make available to you through the Nivio service will have its own (separate) terms and conditions which apply to the use of that content. Those terms and conditions may be displayed online or elsewhere. If you access any such content, you will need to comply with the applicable terms and conditions. Furthermore, your ability to access any content provided by us to you on a subscription basis, as part of the Nivio service, will cease when our legal contract with you ends.

6.1 In order to use the Nivio service, you must pay any and all applicable user charges, as notified by us to you from time to time. All user charges payable by you to us must be paid by you without set-off or deduction.

6.2 You must take all reasonable precautions to ensure that no one (including you) uses the Nivio service:

(a) fraudulently and/or in connection with any other criminal offence;

(b) to send, knowingly receive, upload, store, download or use any material which is offensive, abusive, indecent, libellous, obscene or menacing, or in breach of copyright, confidence, privacy or any other intellectual property rights or other third party rights;

(c) to cause annoyance, inconvenience or needless anxiety to anyone;

(d) to ‘spam’ or to send, or provide, unsolicited advertising or promotional material, or to knowingly receive responses to any ‘spam’, unsolicited advertising or promotional material, sent or provided by any third party;

(e) in an unlawful manner, in contravention of any applicable legislation, laws, codes of practice, licenses or third party rights or in contravention of our Acceptable Use Policies which are located at www.abuse-guidance.com (as the same may be amended from time to time); or (f) in a way that does not fully comply with any and all instructions that we may give to you from time to time. The action(s) that we can take if the Nivio service is used in contravention of this paragraph 6.2 are explained in paragraph 8 below.

6.3 If we think that your use of the Nivio service at any time may:

(a) impair the security or efficiency of the system and/or the network used to provide the Nivio service; or

(b) interfere with, disrupt or cause the detrimental performance of the Nivio service for you and/or for any other user,

we may suspend your access to the Nivio service. Suspension of your access to the Nivio service is further explained in paragraph 8 below. If possible, we will give you prior notice if we do decide to suspend your access to the Nivio service.

6.4 Where we provide you with email facilities, web-hosting or other services that involve us providing storage space on our systems, we may impose limits (which we may vary from time to time) on the storage space that we provide to you in order to ensure the continued quality of the services that we provide to you and other users. These limits may relate to the physical amount of storage space or the number of mailboxes made available to you, the number of email messages that can be stored and/or the size of any attachments that you can send. We may reject or delete any material that exceeds the relevant limit(s).

6.5 We may make software available to you that enables you to use different parts of the Nivio service. You must not copy or modify this software or any part of it. It is important that, if applicable, you only access the relevant part of the Nivio service through this software or in any other way that is expressly permitted by us. You must not attempt to circumvent any security measures that we choose to put in place from time to time in relation to the Nivio service or any part thereof.

6.6 When we provide you with the Nivio service it, and any associated software, is intended strictly for your use only. Therefore, you must not re-sell, transfer, assign, charge, license or sub-license the Nivio service (or any part of it), or any associated software, to anyone else.

6.7 The Nivio service allows you to access the internet. The internet is separate from the Nivio service and your use of the internet is conducted at your own risk and subject to any and all applicable laws and codes of practice. We have no responsibility for any goods, services, information, data, applications, software or other materials that you download, access or otherwise obtain when using the internet through the Nivio service.

7.1 You are solely and exclusively responsible for the accuracy, completeness, currency and legality of any data that you choose to store on our servers from time to time in connection with your use of the Nivio service. Any and all such data remains your property at all times.

7.2 We will back-up your stored data regularly in accordance with our usual policies and procedures but you hereby specifically acknowledge and agree that back-ups of your data are performed by us for disaster-recovery purposes only and not for the purposes of restoring individual data files.

7.3 You further acknowledge that you have been granted only a temporary right for your stored data to occupy the hard drive space on our servers that is allocated for your data from time to time, as determined by us, and that nothing in these Terms grants any proprietary interest to you in, or in respect of, that hard drive space, the servers themselves or any part of any of the Nivio service.

7.4 You hereby warrant to us that you have all necessary proprietary rights, title and interest in (and in respect of) any and all data that you store on our servers from time to time and, where applicable, that you have obtained all necessary consents, approvals, licences, permissions and/or releases so as to enable us to store that data on our servers in accordance with these Terms and the general law.

7.5 We hereby reserve the right to remove any of your data that is stored on our servers where we reasonably suspect that your storage or use (or intended or proposed use) of such data breaches the terms of paragraph 6 above and/or any other provision of these Terms.

7.6 You hereby agree to fully indemnify us (on demand) from and against any and all damages, liabilities, losses, costs and/or expenses (including reasonable professional fees) that we may suffer or incur as a result of any action or claim brought by any party that any of your data stored on any of our servers breaches, or may breach, the terms of paragraph 6 above and/or any other provision of these Terms.

7.7 As part of the Nivio service, all of your data that is stored with us is stored in Switzerland. As such, this data is stored in accordance with the Data Protection Act of Switzerland which can be accessed at http://www.edsb.ch/e/gesetz/schweiz/dsge.pdf.