Free Tier Terms and Conditions

By signing up for Free Tier service you acknowledge your agreement to these terms. This agreement is between YOU (The Client), and Orderly Telecoms Ltd, for whom The Fair Queue People Ltd acts as Dealer  Both companies are part of the Orderly group.

Pricing

The Free Tier service is provided free of charge.

Intellectual property

All files, documentation or support materials that may be provided by Orderly Telecoms remain the property of Orderly Telecoms, and may not be used or distributed for any other purpose without their prior written permission.

The Client further agrees to return any such materials and delete all copies made at the request of the providers of this service. Any intellectual property generated through the provision of this service is and shall remain the property of Orderly Telecoms.

The Client is granted a non-exclusive right to use intellectual property covered by any patent held within the Orderly group for the purposes of delivery of the Free Tier service only.

Changes to the Free Tier service

Orderly Telecoms reserves the right to change, modify, amend or remove any aspect of the Free Tier service without notice, or to suspend the Free Tier service at Orderly Telecoms' sole discretion.

Software configuration

At the time of installation, the system may be configured in accordance with information received from the Client.   Configuration of the system will be made available to the Client via the Queue-Fair Portal.

Marketing

Orderly Telecoms and its agents, dealers or resellers reserve the right to publicly state that The Client is a customer or user of The Service. This may include the production of quotes for websites, case studies, tweets, press releases or other marketing materials. Promotional materials may include The Client’s company logo. In cases where The Client’s logo is not the same as the logo on the website on which Queue-Fair is deployed or the logo that appears on any queue pages, the website logo, queue page logo or website organisation name may also be used. The Client or the website or organisation for which Queue-Fair is deployed may continue to be listed as a user of the Service after the end of any Free Tier service period.

Confidentiality

During the Term of this Agreement and after the termination or expiration of this Agreement, Orderly Telecoms shall use its best and reasonable endeavours to ensure that all Client data is kept secure and confidential.

Orderly Telecoms shall not, in the absence of express written consent from the Client, disclose Client data to any third party unless such disclosure is required by law in which case the Client shall be notified in writing of the disclosure.

During the Term of this Agreement and after termination or expiration of this Agreement, the following obligations shall apply to either Party receiving Confidential Information (the “Receiving Party”) from the other Party (the “Disclosing Party”)

Subject to sub-Clause ii) below the Receiving Party:

i.a)       may not use any Confidential Information for any purpose other than the performance of their obligations under this Agreement;

i.b)       may not disclose any Confidential Information to any third party except with the prior written consent of the Disclosing Party; and

i.c)       shall make every effort to prevent the unauthorised use or disclosure of the Confidential Information.

ii.a)      The obligations of confidence shall not apply to any Confidential Information that:

ii.b)      is in the possession of and is at the free disposal of the Receiving Party or is published or is otherwise in the public domain prior to its receipt by the Receiving Party;

ii.c)      is or becomes publicly available on a non-confidential basis through no fault of the Receiving Party;

ii.d)     is required to be disclosed by any applicable law or regulation; or

ii.e)      is received in good faith by the Receiving Party from a third party who, on reasonable enquiry by the Receiving Party claims to have no obligations of confidence to the Disclosing Party in respect thereof and who imposes no obligations of confidence upon the Receiving Party.

iii)        Without prejudice to any other rights or remedies the Disclosing Party may have, the Receiving Party acknowledges and agrees that in the event of any breach of this Clause the Disclosing Party shall, without proof of special damage, be entitled to an injunction or other equitable remedy for any threatened or actual breach of the provisions of this Clause in addition to any damages or other remedies to which they may be entitled.

iv) The obligations of the Parties under all provisions of Confidentiality shall survive the expiry or the termination of this Agreement irrespective of the reason for such expiry or termination.

Limited Software Warranty

Queue-Fair makes extensive use of Open Source technology, software and standards for its operation. As Open Source technologies are provided without warranty to Orderly Telecoms, this service, software, accompanying files and documentation are provided "as is" and without warranties as to performance or merchantability or any other warranties whether expressed or implied. Due to our dependence on other suppliers and The Client’s systems for the delivery of parts of this service, Orderly Telecoms cannot accept responsibility for the continuous provision of this service.

Indemnity

The Client will fully indemnify Orderly Telecoms against all costs, expenses, liabilities, losses and judgments that Orderly Telecoms may incur or be subject to as a result of any of the following:

1. The Client’s misuse of Queue-Fair or any other element of the Service
2. The Client’s breach of this agreement
3. The Client’s negligence or other act of default

Legal Miscellany

In no event shall Orderly Telecoms be liable to The Client for loss of profits, business, revenue, goodwill or anticipated savings, or any other liability. This Agreement is governed by English Law and the jurisdiction of the English Courts. You warrant and represent that you have carefully read and understood this Agreement and acknowledge receipt of a copy hereof, and have the authority to enter into this Agreement on behalf of the person, entity or corporation that YOU entered or will enter when setting up your Free Tier account.