Influence – Terms of Use
Published: 08/04/2016

1 Introduction

Thank you for choosing Influence as your recruitment software solution. Our products and services are owned by and provided through Influence Limited, an English company (no. 4426851) based at Riverbridge House, Guildford Road, Fetcham, Leatherhead, Surrey KT22 9AD. References throughout these terms to words such as ‘our’, ‘we’ or ‘us’ should be read as references to Influence Limited and ‘you’ refers to your organisation.
We want you to clearly understand our terms of use before you sign up to use our products and services so please ensure that you have carefully read this page before proceeding with your order. By signing up and continuing to use our products and services, you agree to be bound by our terms of use. These terms may change from time to time so we encourage you to check them regularly.

2 Influence Recruitment Software (“IRS”)

2.1 IRS includes all software and documentation related to the software which is developed and owned by us. You can access IRS by choosing to subscribe to at least one of the services described below. Subject to your compliance with these terms and your payment of our fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make use of IRS and where applicable to install copies of IRS on your own computers or mobile devices.
2.2 You acknowledge and agree that we own all intellectual property rights in IRS. All rights not expressly granted to you in these terms are reserved and retained by us or our licensors, suppliers, publishers, rights holders or other content providers.

3 Influence Cloud Desktop (“IC Desktop”)

3.1 IC Desktop is a remotely accessed user desktop which provides a full working environment for each user in your organisation, including access to IRS and various other applications. You can read more about what is included with IC Desktop and the additional options available here.
3.2 You will not be required to install any of our software on your computer or mobile device, although you may need to install a Microsoft remote desktop client in order to access IC Desktop from your computer or mobile device.
3.3 IC Desktop is billed monthly on a per user basis. We will create and configure a separate desktop for each user, for which an additional setup fee will apply per user.
3.4 You acknowledge that some of the software that will be made available to you through IC Desktop will be sub-licensed to you from a third party and that you will be require to agree to and accept that third party’s terms of use when using their software. You can read the customer licence terms notice regarding the use of Microsoft software products, here.

4 Influence Cloud Direct (“IC Direct”)

4.1 IC Direct provides online access to IRS for each user in your organisation. You can read more about what is included with IC Direct and the additional options available here.
4.2 You will be required to install a copy of our IRS client on each computer which needs access to IC Direct. The IRS client is currently compatible with machines running Windows 7+ with a screen resolution of at least 1024x768.
4.3 IC Direct is billed monthly on a per user basis. We will create a separate login for each user in your organisation and assist with configuration of the IRS client on each computer which needs access to IC Direct, for which an additional setup fee will apply per user.

5 Influence On-Site

5.1 Influence On-Site is a solution which allows you to install the IRS server and client software on your own machines for local hosting, which is not dependant on an active broadband connection to operate. You can read more about what is included with an Influence On-Site subscription and the additional options available here.
5.2 Influence On-Site is billed on either a monthly or annual basis and includes delivery, installation and ongoing support for as long as your subscription is active. Influence On-Site requires a minimum subscription period of 12 months.

6 Services to be provided

Subject to your payment of our fees and your compliance with these terms of use, we agree to make your chosen services available to you, subject to clause 10. The services you choose to subscribe to and our fees will be clearly outlined in your quotation, proposal or online when you sign up with us.

7 Training and support

7.1 We can provide remote or on-site training upon request. A fee may apply for this service. Please contact our support team for more details.
7.2 We provide telephone and email support for IRS products and services to active subscribers. You can reach us on 01372 365716 between 9am and 5.30pm Monday to Friday or We are closed on weekends and bank holidays.

8 Fees, payment and termination

8.1 The applicable fees for your chosen service will be shown in your quotation, proposal or online. Fees are handled as follows:

  1. You agree to make payments monthly and in advance, based on the number of user accounts your organisation requires and the type of service you have chosen. Your first month’s fee may be higher to take account of any additional setup fees which are applicable.
  2. Your subscription will automatically renew each month and payment will be taken from your chosen payment method unless you notify us otherwise before the renewal date.
  3. If you add or remove users or services, your fees will be pro-rated accordingly and payment will be taken immediately from your chosen payment method. If you require any ad-hoc services, e.g. training or customisation, these will be billed upon order and automatically charged to your chosen payment method unless you notify us otherwise before placing your order.
  4. You may only use your chosen service and will only have access to support for so long as you have an active subscription. We may terminate or suspend access to your service if your account is in arrears.
  5. We are unable to offer refunds for payments which have already been processed.

8.2 Our preferred methods of payment are by credit/debit card or direct debit. If you wish to make payment through another method please contact us first.
8.3 If there is a change in our fees, you will be notified at least 30 days before your renewal date and you will be given the option to cancel your subscription.
8.4 If you wish to cancel your subscription, we require at least 30 days’ notice. Either party may terminate the subscription by immediate notice if the other is in serious breach of these terms and has failed to rectify the breach within 14 days of being notified of it. Upon termination, you must immediately cease use of all of our services and any documentation you have been provided.

9 User account security and responsibility

You acknowledge, agree and undertake that:
9.1 Each user account you are provided with is restricted to a single login from a single IP address at any one time and you will not attempt to circumvent this limit in any way.
9.2 You are responsible for maintaining the confidentiality of each account and password you are supplied with and restricting access to the computers or other devices used to access those accounts and our services.
9.3 You will not access, store, distribute or transmit any viruses/malware or any other material during the course of your use of our services that is:

  • unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
  • facilitates illegal activity;
  • depicts sexually explicit images;
  • promotes unlawful violence;
  • is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
  • is in a manner that is otherwise illegal or causes damage or injury to any person or property and we reserve the right to disable any infringing user account that breaches these terms.

9.4 Except as expressly licenced in these terms or otherwise agreed by us in writing, you may not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit or distribute all or any portion of IRS or any documentation we give you in any form or media or by any means, or attempt to reverse compile, disassemble, reverse engineer any part of our software.
9.5 You will defend, indemnify and hold us harmless against any claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and legal fees) arising out of or in connection with your use of our services, products or documentation.

10 Service availability

10.1 We will use commercially reasonable endeavours to keep our services operational 24/7, 365 days a year. We aim for 99.9% uptime during office hours and 95% outside of office hours. If we are unable to achieve these figures, this is likely to be due to a ‘service outage’.
10.2 If you are having trouble accessing our services and believe you are experiencing a service outage, please contact our support team in the first instance.
10.3 At our absolute discretion, if we agree that you are experiencing a service outage, we may offer to refund you or credit your account pro-rated charges for the affected services. We will determine whether an event will be considered a service outage based on our records and data. Please contact us if you think you are entitled to a refund or credit.
10.4 The following downtime events will not be considered service outages:

  1. Regularly scheduled maintenance which you will be notified of in advance.
  2. Unavaibility of the service due to user misuse, configuration errors or application errors.
  3. Service suspensions due to a breach of these terms.
  4. Loss of service arising from the failure of your internet service provider or local network.
  5. Loss of service while a backup is restored.
  6. Unavailability of any third party software available through IC Desktop through no fault of our own.

Please note that this is a non-exhaustive list and that we, in our sole discretion, will decide whether an event is considered a service outage and whether any refund or credit is due.
10.5 We reserve the right to modify our services temporarily or permanent from time to time. You acknowledge that we may discontinue our service at the conclusion of your most recent renewal term with no further liability to you or any third party.

11 Customer data

11.1 You will own all right, title and interest in and to all data inputted by you for the purposes of using our services.
11.2 You acknowledge that on termination of your subscription, we may destroy or otherwise dispose of any of your data in our possession unless you make a written request to us asking for a copy of the then most recent backup of your data. If so requested, we will make reasonable commercial endeavours to deliver the backup to you within 30 days of receipt of your request, provided that your account is not in arrears and that you have not breached any other of our terms of use.

12 Backup

12.1 Our systems are backed up nightly and held for 30 days. System restoration will be started within 2 hours of your request to restore a backup. We cannot guarantee how long it may take to restore such data.
12.2 In the unlikely event of hardware failure of the server on which your system is stored, we will restore the most recent available backup of the system to a comparable server, in a comparable facility, if necessary.
12.3 If you are an Influence On-Site subscriber, you acknowledge that we will not be keeping backups of your IRS client, server or databases and that you are fully responsible for keeping and restoring your own backups.

13 No warranties and limitation of liability

13.1 You acknowledge that you are responsible to ensure that the services you choose to subscribe to are appropriate for your requirements. We offer no warranty, condition, undertaking or term, express or implied, statutory or otherwise as to the satisfactory quality, fitness for purpose or ability to achieve a particular result of any service or product provided by us. Our services are provided to you on an ‘as-is’ basis.
13.2 In no event will we be liable for any damages resulting from loss of data or use, lost profits, loss of anticipated savings, nor for any damages that are an indirect or secondary consequence of any act or omission by us whether such damages were reasonably foreseeable or actually foreseen.
13.3 Your statutory rights as a consumer (if any) are not affected. All liability that is not expressly assumed in these terms is excluded. These limitations will apply regardless of the form of action, whether under statute, in contract or tort including negligence or any other form of action. For the purposes of this clause, we includes our employees, sub-contractors and suppliers who shall all have the benefit of the limits and exclusions of liability set out above in terms of the Contracts (Rights of Third Parties) Act 1999. Nothing in these terms shall exclude or limit liability for fraudulent misrepresentation, personal injury or death.
13.4 Our aggregate maximum liability in contract, tort or otherwise, however arising, under or in connection with these terms shall be limited to the total subscription fees paid to us by you during the six months immediately preceding the date on which your claim arises, always provided that where any sums are refunded to you pursuant to clause 10.3, our aggregate maximum liability will be reduced by the amount of such refund.

14 Non-poaching of our staff

For so long as you have an active subscription and for at least 6 months after your subscription ends, you agree and covenant not to directly or indirectly entice away or attempt to entice away from us any person who has during the previous twelve months been employed by us.

15 Data protection and privacy

You acknowledge that it is your responsibility to apply for and hold a valid data protection number in line with your responsibilities as an employment business pursuant to the Data Protection Act 1998 or other applicable laws. We are not responsible for your failure to comply with any applicable data protection legislation. You acknowledge that we may collect and process personal data for the purposes of provision of our services, and marketing.

16 General

16.1 Any failure by us to insist upon or enforce any provision of these terms shall not be construed as a waiver of any of our rights. If any one of these terms is declared invalid by a court, this will not affect the validity of the remaining terms. In these terms, the singular includes the plural and vice versa.
16.2 We shall have no liability to you under these terms if we are prevented from or delayed in performing our obligations under this agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that you are notified of such an event and its expected duration.
16.3 These terms are governed by English law and you agree to submit to the exclusive jurisdiction of the English courts in the event of any dispute.

Influence Software

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