This page outlines the contractual relationship between Customer and PeakFactory.
Upon PeakFactory issuing a Receipt in response to Customer Application, these terms and conditions form a legally binding agreement between Customer and PeakFactory.
This agreement commences on the date that PeakFactory issues the Receipt and continues indefinitely until terminated in accordance with this agreement.
2. PROVISION OF SERVICES
Subject to the other provisions of this agreement, PeakFactory must perform the Services for Customer during the Term.
3. SERVICE LEVELS
To the extent permitted by law, the Services are not provided on the basis that they will be continuous or uninterrupted. However the Service Level Agreement applies to the provision of the Services. The Service Level Agreement forms part of this agreement.
- Billing and payment
PeakFactory will bill Customer, and Customer must pay the Fees to PeakFactory, in accordance with schedule 3.
If Customer do not make a payment when due, then (without limiting PeakFactory's rights of termination or suspension under this agreement) the amount unpaid will bear interest at 2% per month (or the maximum rate permitted by law if it is less than 2%), calculated daily and compounding monthly.
PeakFactory may from time to time amend this agreement (including the Pricing Sheet) in any way by notice to Customer. Any such amendment will not take effect earlier than 30 days after the date on which PeakFactory sends the notice, except where the amendment reasonably reflects a change in the terms and condition of supply imposed on PeakFactory by a Supplier that takes effect before the end of that 30 day period.
6. CUSTOMER PERFORMANCE OBLIGATIONS
- Customer Operational Responsibilities
Customer must comply with the Customer Operational Responsibilities.
To the maximum extent permitted by law, Customer hereby indemnify and must keep indemnified PeakFactory and its Representatives against all Losses they incur as a result of, or in relation to:
- the use of the Services by Customer or (directly or indirectly) by any End User;
- any negligence of Customer or any End User in relation to use of the Services, or any breach of this Agreement by Customer; or
- any claim by Customer against any Supplier or claim by any End User against PeakFactory or any Supplier.
This indemnity may be enforced by PeakFactory before and without incurring any expense or making any payment to any person. To the extent that this clause purports to confer a right on Representatives of PeakFactory, PeakFactory holds those rights on trust for those Representatives.
7. TERMINATION AND SUSPENSION
- Termination without cause
Either party may, in its discretion, terminate:
- this agreement as a whole; or
- the provision of any of the Services (provided that the remaining Services comprise a normal standalone offering of PeakFactory at that time),
at any time by notice to the other with effect no earlier than the end of the current Billing Period or, only in the case of termination with effect during any Trial Period, not less than 24 hours notice to the other.
- Termination for cause
Either party may terminate this agreement with immediate effect by notice to the other party if:
- the other party defaults in the due and punctual payment of any amount payable under this agreement, and has failed to pay the amount after having been given 7 days notice requiring it to do so (and any such failure will be taken to go to the essence of this agreement);
- the other party is subject to an Insolvency Event; or
- the other party commits a breach of this agreement (other than failure to pay or comply with the Customer Operational Responsibilities) and (only in the case where it is a breach capable of remedy) that breach is not remedied within 14 days of a notice to the party in breach specifying the breach and requiring it to be remedied.
PeakFactory may terminate this agreement immediately by notice to Customer if:
- Customer breach the Customer Operational Responsibilities;
- in the opinion of PeakFactory any information in the Application or standing credit card authorisation is inaccurate, misleading or incomplete; or
- the relevant credit card, or standing credit card authorisation, ceases to be valid or expires before Customer provide a replacement standing credit card authorisation that is acceptable to PeakFactory.
Without limiting any other rights of PeakFactory under this clause 7, if at any time PeakFactory becomes entitled to terminate this agreement under clause 7.2, then PeakFactory may suspend provision of all or some of the Services until such time (if any) as the entitlement to terminate ceases, or PeakFactory terminates this agreement pursuant to this clause 7. PeakFactory will notify Customer of the suspension of the relevant Services, which may be with immediate effect. Fees continue to be payable in respect of any period of suspension.
- Suspension for maintenance etc
PeakFactory may suspend provision of all or part of the Services from time to time for planned maintenance or due to unexpected interruption.
8. EFFECT OF EXPIRY OR TERMINATION
- Effect of termination
Subject to clause 8.2, on expiry or termination of this agreement:
- Customer must pay PeakFactory all Fees due to PeakFactory for Services provided prior to the effective termination of this agreement, plus corresponding Fees for any additional assistance provided by PeakFactory at Customerr request;
- Fees that Customer have paid in advance are not refundable, except in the case of termination by Customer for cause under clause 7.2, in which case a pro rata refund will apply;
- both parties are taken to be discharged from any further obligations under this agreement; and
- either party may pursue any additional or alternative remedy provided by law or in equity.
- Transition out
Upon the termination of this agreement:
- the Uploaded Content will cease to be available to Customer and End Users;
- links provided by PeakFactory for the Uploaded Content will cease to function properly; and
- Customer will lose access to the Website (including all reporting functions).
It is Customer responsibility to arrange any alternative to the Services (including the above functionality) and PeakFactory has no obligation to assist Customer in doing so, either before or after the termination of this agreement.
- Continuing provisions
Clauses 4, 6.2, 7, 8, 10, 11, 12, 13 and 14 remain operative and in full force and effect after the expiry or termination of this agreement.
9. FORCE MAJEURE
- Party not liable
Where a party is required under this agreement to perform an obligation or do any act or thing by a designated time or date (except an obligation to make a payment) (Obligation), the party is not liable for any delay in performing, or failing to perform, an Obligation if the delay or failure arises from Force Majeure and that party has complied with this clause.
- Notice of Force Majeure
A party who claims Force Majeure must:
- give the other party prompt notice of the Force Majeure with reasonably full particulars and an estimate of the extent and duration of its delay or inability to perform; and
- use all possible diligence to remove the Force Majeure as quickly as practical.
- Termination in case of Force Majeure
If the delay continues beyond 10 Business Days after the notice given under clause 9.2, then either party may terminate this agreement by giving 5 Business Days prior written notice to the other.
10. WARRANTIES AND LIABILITY
- Exclusion of other terms
To the extent permitted by law, and except as expressly provided in this agreement, all terms, conditions, warranties and representations (in each case whether express, implied, statutory or otherwise) relating in any way to the Services or any other goods or services provided in connection with this agreement (Subject Matter), or to this agreement, are excluded.
- Limitation of Statutory Rights
To the extent permitted by law, any liability of PeakFactory in connection with the Subject Matter, or this agreement, pursuant to any Statutory Right is, where permitted by law, limited at the option of PeakFactory to the replacement, repair or resupply of the relevant goods or services or the payment of the cost of same. Despite any other provision of this agreement, no provision of this agreement other than this clause 10.2 limits or excludes any liability of PeakFactory under a Statutory Right.
- Exclusion of categories of loss
All liability of PeakFactory on any basis (including negligence) is excluded in respect of any indirect or consequential liability or loss suffered or incurred by Customer, in relation to the Subject Matter or otherwise under or in connection with this agreement, and in any event (including, but not limited to, where amounting to a direct loss) for any lost profits or goodwill or lost or corrupted data. This clause applies only to the extent permitted by law and subject to clause 10.2.
- Maximum amount of liability
Without limiting clause 10.2 or 10.3, and only to the extent permitted by law, the maximum total amount which Customer may recover from PeakFactory in respect of all Loss (whether in contract, tort, under statute or otherwise) suffered or incurred by Customer in any calendar year in connection with this agreement or any of the Services is limited to the total amount paid by Customer to PeakFactory in that calendar year.
11. INTELLECTUAL PROPERTY
All Intellectual Property in anything provided to Customer in connection with this agreement will remain the property of PeakFactory. All Intellectual Property in Uploaded Content will remain the property of Customer or Customerr licensors.
- Form of notice
A notice, approval, consent or other communication (Notice) from one party to another party (Recipient) must be sent by email to the email address of the Recipient applicable under clause 12.2. If the sender receives an automated response to an email indicating that it was not delivered successfully, then the sender may send that Notice by any other means that the sender sees fit.
- Address for service
The email addresses for each party is as follows:
(a) for Customer — as set out in Customer Application; and
(b) for PeakFactory — support[a]peakfactory.com, until that party notifies otherwise.
Each party must ensure that the email address applicable under this clause is current, and endeavour to ensure it is operational.
- Time of service
An email will be taken to have been served at the time of sending, unless within 24 hours of it being sent the sender receives an automated response indicating that it was not delivered successfully.
- Nature of relationship
The relationship between Customer and PeakFactory concerning the matters in this agreement is solely that of principal and independent contractor and nothing in this agreement creates a partnership or joint venture relationship between Customer and PeakFactory. Neither party has authority or power to bind the other party to a contract or commitment, or create a liability of the other party, in any way to a third person.
- Further Assurance
Each party must promptly at its own cost do all things (including executing all documents) necessary or desirable to give full effect to this agreement.
If a provision, or part of a provision, of this agreement or its application to any person or circumstance is or becomes invalid, illegal or unenforceable then the provision must, as far as possible, be interpreted as narrowly as possible to ensure that it is not illegal, invalid or unenforceable. If any provision or part of it cannot be so interpreted, then the provision or its part is taken to be void and severable. The remaining provisions of this agreement are not affected or impaired in any way.
If a party fails, delays, relaxes or indulges in exercising its power or right under this agreement, this is not a waiver of that power or right. A single exercise of a power or right does not prevent any other or further exercise of it or the exercise of any other power or right under this agreement. A power or right may only be waived by express notification from the party to be bound by the waiver.
Unless this agreement provides otherwise and to the extent permitted by law, a party may, in its absolute discretion, conditionally or unconditionally give or withhold any approval or consent permitted or required under this agreement.
- Entire agreement
This agreement is the entire agreement between the parties concerning the subject matter of this agreement. Any prior arrangement, agreement, representation or undertaking is superseded and, except as expressly provided, each party acknowledges that it has not relied on any arrangement, agreement, representation or understanding not expressly set out in this agreement.
- Governing Law and Jurisdiction
This agreement is to be construed according to, and is governed by, Dutch law. The parties submit to the non-exclusive jurisdiction of the applicable courts in Amsterdam, The Netherlands in relation to any dispute arising under this agreement.
14. DEFINITIONS AND INTERPRETATION
In this agreement, the following phrases have the following meanings:
API means PeakFactory's application programming interface.
Application means the relevant application (in electronic form or otherwise) by Customer for provision of any Services by PeakFactory that is accepted by PeakFactory by the issue of a Receipt.
Billing Period means the period from the applicable day in one month (e.g. the 12th day) until the same day of the following month (or the last day in the following month where the applicable day does not occur in that following month). The applicable day of the month will be the same day of the month as the beginning of the Term, or any alternative date used by PeakFactory from time to time.
Business Day means a day that is not a Saturday, Sunday or any other day which is a public holiday or a bank holiday in the place where an act is to be performed or a payment is to be made.
Claim means any demand, action, suit, claim, proceeding, cause of action, liability or damages incurred by a person, including those constituting indirect or consequential losses, and includes legal costs on an indemnity basis.
Content means all files or data of any kind (including video, animation, graphics, audio, text, software scripts and software code).
Customer Operational Responsibilities means the obligations set out in schedule 4, as amended from time to time in accordance with this agreement.
End User means any person (other than Customer) who directly or indirectly uses any of the Services provided to Customer, including through use by that person of any website or service operated by or on behalf of Customer involving use of the Services in any way.
Fees means the fees and charges applicable under schedule 3.
Force Majeure means any cause not within the reasonable control of the party affected by it. It includes an act of God, an industrial dispute, war declared or undeclared, civil disturbance, act or omission of government or other competent authority, fire, lightning, explosion or flood.
Gateway means the facility for uploading Content via the Website.
Insolvency Event means the happening of any of these events:
- in respect of a body corporate - an order is made that it be wound up, a liquidator, provisional liquidator, receiver, manager, receiver and manager, controller, trustee or administrator is appointed over it, it enters into an arrangement with its creditors or seeks to obtain protection from its creditors or it resolves to wind itself up; or
- in respect of an individual - the individual becomes an insolvent under administration as defined in section 9 of the Corporations Law; or
- in relation to any other entity (including a partnership) or any other jurisdiction - anything analogous or having a broadly similar effect to any of the events specified above happens under the law of any applicable jurisdiction.
Intellectual Property means all proprietary or personal rights throughout the world arising from intellectual activity in the business, industrial, scientific or artistic fields. It includes copyright, design (whether registered or unregistered), trademark (whether registered or unregistered), patent or invention, circuit laCustomert and knowhow.
Laws means all applicable laws, regulations, standards, codes, orders and directions, including those issued by any governmental authority.
Loss means any loss, damage, cost, interest, expense, fee or Claim incurred by a person, including indirect or consequential losses.
PeakFactory means PeakFactory BV, a Dutch based privetly held company with limited liability, registered in The Netherlands (CoC 56 71 51 02), with its headquarters in NL-1017KJ Amsterdam, Prinsengracht 530 as well as its subsidiaries.
Pricing Sheet means the document (which may be in electronic form) detailing the Fees, usage limits and other details applicable to Customer that is published, or provided to Customer, by PeakFactory from time to time (including at the time of Customerr Application), as amended from time to time.
Receipt means the receipt issued by PeakFactory in response to the Application, including where the receipt is for a nil amount or is in electronic form.
Representative of a party means that party's director, officer, employee or agent.
Services means those of the services described in schedule 1 that Customer select in the Application or subsequently via the Website or API.
Service Level Agreement means schedule 2 of this agreement.
Statutory Right means:
- any term, condition, warranty or representation implied in this agreement, or otherwise applicable to the Subject Matter, by the operation of any statute; or
- any other right of Customerrs (including any guarantee) in relation to the Subject Matter, or this agreement, under any statute, that by law cannot be excluded.
Subject Matter has the meaning given in clause 10.1.
Supplier means any person from whom PeakFactory purchases any services in connection with the supply of any of the Services.
Term means the period of this agreement, as applicable under clause 1.
Trial Period means the trial period (if any) specified in the Application and confirmed in the Receipt.
Uploaded Content means any Content uploaded by or on behalf of Customer via the Gateway or API.
Website means PeakFactory's website at www.peakfactory.com
Customer means the person identified in the Application as the customer.
In this agreement the following rules of interpretation apply.
- A reference to:
- this agreement includes its schedules and the Pricing Sheet;
- one gender includes the others;
- the singular includes the plural and the plural includes the singular;
- a person includes a body corporate;
- a party includes the party's successors and permitted assigns;
- money is to United States dollars, unless otherwise stated.
- "Including" and similar expressions are not words of limitation.
- Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.
- Headings and any table of contents or index are for convenience only and do not form part of this agreement or affect its interpretation.
- A provision of this agreement must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of this agreement or for the inclusion of the provision in this agreement.
- If an act must be done on a specified day which is not a Business Day, it must be done instead on the next Business Day.
SCHEDULE 1 — SERVICES
Description of Services
- Content Delivery Services
Content Delivery Services comprise:
- access to the Website and Gateway;
- use of functionality available on Gateway from time to time (including uploading);
- the provision of links to Uploaded Content that Customer can use on its website(s); and
- the Uploaded Content being available via those links.
- Encoding Services
Encoding Services comprise the conversion, via the Website or API, of video and audio files of various specifications (format, resolution etc) into a variety of other specifications, for delivery to a variety of display platforms.
- Template Services
Template Services comprise the provision of a variety of branded templates to control the look and feel of the video replay on a variety of display platforms.
- Custom Domains
PeakFactory allows Customer to utilise their own domain name for provisioned links to Uploaded Content in place of PeakFactory's.
- Site Accelerator Services
Site Accelerator Services comprise the acceleration, via the Website or API, of Content automatically loaded from an origin domain supplied by Customer.
- Other Services
The provision of any services (including any support services) not included in the above is subject to further agreement between Customer and PeakFactory.
SCHEDULE 2 — SERVICE LEVEL AGREEMENT
- SERVICE LEVEL OBLIGATION
PeakFactory will endeavour to achieve the following service levels.
- AVAILABILITY SERVICE LEVELS
- Website and Gateway availability
The monthly service level for Availability of the Website and Gateway is 99.95%.
- Uploaded Content availability
The monthly service level for Availability of Uploaded Content to all End Users is as follows, depending upon the number of storage locations at which the Content is stored, as selected by Customer.
The CDN Service involves PeakFactory dynamically managing the number of storage locations on behalf of Customer and provides higher performance.
- Meaning of Availability
In this schedule 2, "Availability" means the percentage of the relevant period (e.g. a month) that:
- the Website and Gateway is available for use via the internet by Customer; or
- Uploaded Content is available for use via the internet by End Users,
calculated on a 24 hours per day basis, as measured and reported in accordance with clause 3 of this schedule.
The following exceptions apply (i.e. the occurrence of the following will not reduce measured Availability, nor will they amount to a breach of this agreement for failing to provide a Service):
- scheduled maintenance (PeakFactory will endeavour to notify Customer in advance of any planned outage and, where practical, alternative arrangements will be made to minimise disruption);
- where Customer are in breach of this agreement (whether due to non-payment or otherwise) at the relevant time;
- termination or suspension of any Services or this agreement under clause 7 of this agreement;
- failure of any connection to the internet, other than the connection of the Website to the internet.
PeakFactory will measure Availability for each Billing Period using routine monitoring by an independent third party tool and will notify the results, or make them available to Customer upon request without charging additional feest to a maximum of one report per quarter.
- FEE REBATE
If either or both of the above Availability service levels are not satisfied in a particular Billing Period, then PeakFactory will provide a single credit to Customer equal to 10% of Customerr bill for Content Delivery Services for that Billing period, which will automatically be set off against the bill for the next Billing Period.
Except to the extent that a failure to satisfy a service level also constitutes a breach of a provision of this agreement outside this schedule, Customerr entitlement to the above credit will, to the extent permitted by law, be Customerr entire remedy in relation to the failure to satisfy the service level.
- FAULT REPORTING
Customer must correctly report faults using the PeakFactory help desk available on the Website. PeakFactory will provide an automated response within 2 hours during business hours.
SCHEDULE 3 — FEES
- Pay As Customer Go ("PAYG") Fees
PAYG pricing will apply to all Services in the Application unless otherwise agreed between Customer and PeakFactory from time to time.
Fees for PAYG Services will be calculated on the basis of usage as measured by PeakFactory, multiplied by applicable prices per unit of usage. Fees will be billed, and charged to the applicable credit card, at the end of each (monthly) Billing Period, except where accrued fees for usage during a Billing Period reach $1,000 or more, in which case PeakFactory may charge those fees as they accrue.
- Subscription Services
Where applicable, Subscription Services, selected by Customer from time to time, will be charged on the basis that Customer may use agreed quantities of Services, as measured by PeakFactory, for a fixed price for each Billing Period, as applicable to the relevant subscription. Customer may change Customerr selected subscription Services at any time via the Website, but the change will not take effect until the end of the current Billing Period.
Subscription fees will be billed and charged in advance at the start of the Term for the first (monthly) Billing Period and at the beginning of each subsequent Billing Period until the service is cancelled.
Fees paid in advance are not refundable where this agreement or any Services are terminated, except in the case of termination by Customer for cause under clause 7.2, in which case a pro rata refund will apply. (Amongst other things, this means that Fees paid in advance are not refundable where Customer terminate this agreement simply because Customer change Customerr mind.)
The limits on Customerr usage of Services are specified in the Pricing Sheet. Current usage information is available via the report section of the customer web interface.
- Trial Period
No Fees are payable in respect of any Trial Period, other than fees for usage in excess of any limit specified for the Trial Period, which will be calculated using PAYG rates and which PeakFactory may charge as they accrue.
- Credit card authorisation
At the time that Customer provide the Application to PeakFactory, Customer must also provide a valid standing credit card authorisation in a form satisfactory to PeakFactory that authorises PeakFactory to charge to the relevant credit card account all Fees incurred by Customer from time to time (Credit Card Authorisation).
Customer must ensure at all times that:
- the Credit Card Authorisation remains valid; and
- the relevant credit card, and credit card account, remain current and has sufficient credit available to cover applicable Fees.
Customer must provide a replacement Credit Card Authorisation at any time if requested by PeakFactory.
Customer consent to PeakFactory obtaining, at any time, a credit report regarding Customer from any credit reporting agency.
If the credit card account is in the name of a person other than Customer (Cardholder) then:
- Customer warrant that the Credit Card Authorisation is provided with the authority of the Cardholder; and
- Customer must also ensure that the Cardholder consents to PeakFactory obtaining, at any time, a credit report regarding the Cardholder from any credit reporting agency.
- Debiting the credit card
PeakFactory may debit the relevant credit card account for all Fees as soon as those Fees become payable under this agreement.
Customer may at any time obtain via the Website an automated report record of usage of Content Delivery Services and Encoding Services and accrued Fees (excluding up to the last 24 hours or usage or Fees).
SCHEDULE 4 — CUSTOMER OPERATIONAL RESPONSIBILITIES
- OPERATIONAL GUIDELINES
Without limiting the following, Customer must comply with any operational guidelines notified to Customer by PeakFactory, and all reasonable directions of PeakFactory, from time to time in relation to the Services.
- CONTENT AND USE REQUIREMENTS
- General requirements
- Customer must not use the Services, and must ensure that the Services or not used by any person (including any End User), to:
- supply or transmit any Prohibited Matter; or
- engage in any Prohibited Activity, or to facilitate any person doing so.
- Customer must ensure that the Uploaded Content does not contain any Prohibited Matter, or facilitate the supply or transmission of any Prohibited Matter or engaging in any Prohibited Activity.
The Prohibited Matters and Prohibited Activities are:
- unlawful, defamatory, harassing, abusive, malicious, fraudulent, infringing or otherwise objectionable Content;
- pornographic, obscene or excessively profane Content;
- hate-related or violent Content;
- Content advocating racial or ethnic intolerance;
- Content that infringes a third party's rights according to applicable law, including rights of privacy or publicity;
- illegally transmitting another's intellectual property or other proprietary information without such owner's or authorised licensor's permission;
- Content intended to advocate or advance computer hacking or cracking;
- using the Service in connection with illegal peer-to-peer file sharing;
- phishing attacks;
- viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Content of a destructive or deceptive nature;
- generating or facilitating unsolicited commercial email ("spam"), including:
- sending email in violation of the CAN-SPAM Act or any other applicable Law;
- imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
- data mining any web property to find email addresses or other user account information;
- sending unauthorised email via open, third-party servers;
- sending emails to users who have requested to be removed from a mailing list;
- selling, exchanging or distributing to a third party the email addresses of any person without such person's knowing and continued consent to such disclosure; and
- sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom Customer (or the relevant third party) has no pre-existing relationship.
- conducting or forwarding pyramid schemes and the like;
- Content that may be harmful to minors;
- Impersonating another person without permission (via the use of an email address or otherwise) or otherwise misrepresenting identity or the source of any email;
- Interfering with other customers' or users' enjoyment of the Services;
- exploiting the Services for any unauthorised commercial purpose;
- modifying, adapting, translating, or reverse engineering any portion of any software involved in provision of the Services;
- removing any copyright, trademark or other proprietary rights notices contained in or on the Service;
- exporting or distribution of controlled substances or of drug paraphernalia; and
- other Content, goods, services or activities that violate, or encourage conduct that would violate, any criminal laws, any other applicable laws, or any third-party rights.
Without limiting clause 7 of this agreement, PeakFactory may in its discretion (but is not required to) remove or delete any Uploaded Content:
- that in the opinion of PeakFactory may breach this agreement;
- where requested by any law enforcement agency or any other governmental agency; or
- where any third party claims, or PeakFactory is of the opinion, that the Uploaded Content infringes, or may infringe, a third party's rights.
- User ID's and passwords
PeakFactory will issue a single User ID and corresponding password (together being a "Login") to Customer.
- User authority
Customer are liable for, and PeakFactory may rely upon, all instructions, requests, information and Content submitted to the Website by use of the Login, including where the information or request is submitted:
- by a person other than an authorised Representative of Customer;
- by a person using the Login fraudulently or without authority; or
- by means of a machine rather than by direct or indirect human intervention or initiation.
Without limiting the above, PeakFactory is entitled to treat all use of the Services made using the Login as use that Customer have authorised and Customer are responsible for the payment of any Fees that arise in relation to such use.
- Login security
- keep the Login secure at all times, including by not recording it in any form (electronic or otherwise) in clear text, except where recording the Login is strictly necessary, in which case:
- it must NOT be identified as a User ID or password, but must instead be concealed or coded such that someone finding the record is unable to use the password directly — e.g. by adding dummy characters, or embedding them in long strings of characters and numbers); and
- it must be stored securely (not on a desk, monitor or in Customerr wallet/purse)
- only disclose the Login to employees and contractors on a "need to know" basis;
- notify PeakFactory immediately upon becoming aware that the Login may be lost or stolen, or becoming aware or suspecting that any person knows the Login, or has used the Login, without Customerr authority.
- Privacy obligations
Customer must ensure that, in respect of any information, or opinion, about an individual that is contained in any Uploaded Content whose identity is apparent or can reasonably be ascertained from that information or opinion (Personal Information):
- the inclusion of the Personal Information, and any subsequent likely use as part of the Uploaded Content, is permitted under any applicable law relating to the privacy of individuals; and
- the person who is the subject of the Personal Information (Individual) is aware of:
- the identity of PeakFactory and how to contact PeakFactory;
- the fact that the Individual is able to gain access to the Personal Information;
- the purposes for which the Personal Information is collected by PeakFactory; and
- the organisations, or types of organisations, to which PeakFactory usually discloses information of the kind comprised by the Personal Information.