T’s & C’s

Available Services the services, including without limitation any Deliverables, which Trustack is willing and able to provide to the Customer as set out in a Quotation.

Business Day a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

Charges the charges set out in the Quotation payable by the Customer for the supply of the Services by Trustack.

Commencement Date the date upon which the Customer first agrees to purchase an Available Service, or Available Services by the acceptance of a Quotation.

Control has the meaning given in section 1124 of the Corporation Tax Act 2010, and the expression change of control shall be construed accordingly.

Controller, Processor, Data Subject, Personal Data, Personal Data Breach, processing and appropriate technical and organisational measures as defined in the Data Protection Legislation.

Data Protection Legislation all applicable data protection and privacy legislation in force from time to time in the UK including the UK General Data Protection Regulation; the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.

Deliverables all documents, products and materials developed by TruStack or its agents, contractors and employees as part of or in relation to the Services in any form, including without limitation computer programs, software, data, reports and specifications (including drafts).

Intellectual Property Rights patents, rights to inventions, copyright and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world, including the right to sue for and recover damages for past infringements.

Quotation a quote for Available Services provided by TruStack to the Customer, as agreed in accordance with clause 2, incorporating the relevant Supplemental Terms.

Services the services, or equipment including without limitation any Deliverables, to be provided by TruStack pursuant to a Quotation.

Supplemental Terms the additional terms and conditions applicable to the Services requested, and to which a Quotation is subject:

1.2 Clause, schedule and paragraph headings shall not affect the interpretation of this Agreement or any Quotation.

1.3  A reference to a company shall include any company, corporation or other corporate body, wherever and however incorporated or established.

1.4  A reference to a holding company or a subsidiary means a holding company or a subsidiary (as the case may be) as defined in section 1159 of the Companies Act 2006.

1.5  A reference to a statute or statutory provision, including all subordinate legislation, is a reference to it as amended, extended or re-enacted from time to time.

1.6   A reference to writing or written includes email.

1.7   Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms