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IMPORTANT LEGAL INFORMATION - TERMS OF USE
Please read the following important legal information before using this service provided by us in conjunction with your Policy.
1. Acceptance of Terms of Use top↑
By accessing and using the Euler Hermes On-Line Information Service ("EOLIS") you are agreeing to the following terms and conditions of Euler Hermes SA (NV), Avenue des Arts 56, 1000 Brussels, Belgium, Company no 0403.248.596 RPM Brussels, Insurance firm, registered under code 418, and its Affiliates (hereinafter jointly and individually referred to as "Euler Hermes").
You accept that these Terms do not amend, change or override in any way your Policy terms and conditions with Euler Hermes. For the avoidance of doubt, should a conflict arise between these Terms and the Policy terms and conditions, the Policy terms and conditions will prevail and determine your and our respective rights, duties and obligations under your Policy with Euler Hermes.
We may change these Terms from time to time at our sole discretion. We will advise you of any such change by placing a notice on the EOLIS homepage. Please therefore check the homepage regularly and ensure that you read notices of change carefully.
2. Definitions top↑
In the Terms :
• “Affiliatesâ€Â� means any person or entity directly or indirectly Controlling, Controlled by or under common Control with Euler Hermes, where “Controlâ€Â� means the ability to direct or influence the general management and affairs of a company, partnership or other body corporate by reference to the holding of shares or the exercise of voting rights or other powers.
• “Credit Intelligence Servicesâ€Â� means a chargeable service for the provision of credit limits, information and opinions.
• “Credit Trackerâ€Â� means an optional Service provided to policyholders to monitor the level of their trading against credit limits provided under the Policy.
• “CreditTracker Dataâ€Â� means data which is supplied by you as part of CreditTracker including but not limited to sales ledgers, orders and prospects of the policyholder.
• “Dataâ€Â� means all data which is supplied by you/the User to Euler Hermes as a result of use of the Services.
• “Data Protection Legislationâ€Â� means the UK Data Protection Act 1998 or, where relevant, the Irish Data Protection Act 1988 as amended by the Data Protection Act 2001, or any other applicable data protection laws.
• “EHCâ€Â� means Euler Hermes Collections UK, a business name of Euler Hermes Services UK Ltd where your Policy is issued by EHUK, or Euler Hermes Collections Ireland, a business name of Euler Hermes Services Ireland Ltd where your Policy is issued by EHI.
• “EHC T&Câ€Â� means the Euler Hermes Collections UK Terms and Conditions of Business for your debt collection services where your Policy is issued by EHUK, or the Euler Hermes Collections Ireland Terms and Conditions of Business for your debt collection services, where your Policy is issued by EHI.
• “EHS T&Câ€Â� means the Euler Hermes Services UK Terms and Conditions of Business for your Credit Intelligence Services, where your Policy is issued by EHUK, or the Euler Hermes Services Ireland Terms and Conditions of Business for your Credit Intelligence Services, where your Policy is issued by EHI.
• “EHIâ€Â� means Euler Hermes Ireland, a branch of Euler Hermes SA (NV), Avenue des Arts 56, 1000 Brussels, Belgium, Company no 0403.248.596 RPM Brussels, Insurance firm, registered under code 418, in Ireland.
• “EHUKâ€Â� means Euler Hermes UK, a branch of Euler Hermes SA (NV) , Avenue des Arts 56, 1000 Brussels, Belgium, Company no 0403.248.596 RPM Brussels, Insurance firm, registered under code 418, in the UK.
• “EOLISâ€Â� means the services owned and operated by Euler Hermes, which comprises access to Euler Hermes telecommunications network and computer processes which support the operation of credit insurance policies, the On-Line Services Administration Centre facility described below and such other computer processes that Euler Hermes may use from time to time.
• “ISPâ€Â� means internet service provider.
• “Personal Dataâ€Â� means any personal data as defined under the Data Protection Legislation.
• “Policyâ€Â� means a policy of credit insurance issued to you by Euler Hermes.
• “Schedule of Feesâ€Â� means the schedule of fees payable by you for Credit Intelligence Services in connection with your Policy.
• “Service(s)â€Â� means the services provided to you when you access EOLIS in connection with your Policy. The particular Service(s) available to you (which may be updated from time to time) are set out in the EOLIS menus displayed when you log on to EOLIS.
• “Userâ€Â� means any individual to whom you have given permission to access EOLIS on your behalf in accordance with these Terms.
• “Us/weâ€Â� means Euler Hermes.
3. Registration top↑
Before we grant you access to EOLIS you must first register with On-Line Services Administration on +44 0844 893 0000 or by email to onlineservices@eulerhermes.com. We can then issue a user identification and password that will enable you to gain access to EOLIS. Access to EOLIS will only be provided if you have an existing Policy with Euler Hermes.
4. Charges top↑
• 4.1. We do not charge for access to EOLIS or for any of the Services except for Credit Intelligence Services as stated in clause 10 below and debt collection services as stated in clause 11 below.
• 4.2. We reserve the right to introduce additional chargeable Services and these Terms will equally apply to any such Services.
• 4.3. It is your responsibility to pay for any telecommunications and/or internet charges by your ISP arising from your use of EOLIS.
5. Computer Facilities and accessing EOLIS top↑
• 5.1. To access EOLIS you must use the minimum recommended hardware configurations on the EOLIS Homepage prior to log in.
• 5.2. You must use a recognised internet browser as described on the homepage.
• 5.3. You are solely responsible for all costs related to the purchase, installation, maintenance and use of hardware and software in order for you to access EOLIS.
6. On-Line Services Administration top↑
• 6.1. Euler Hermes will provide you an On-Line Services Administration facility between 08.00 and 18.00 hrs UK time, Monday to Friday inclusive (except English Public and Bank holidays and such days as may be notified to you from time to time).
• 6.2. If you encounter any technical problems you must call On-Line Services Administration who will:
o log all calls from you and follow up such calls within a reasonable time;
o attempt with your assistance to diagnose the cause of problems; and
o where it is considered by us that the cause lies within the EOLIS Services, at our sole discretion, call in the appropriate level of support and service to resolve our own systems. If we consider that the cause lies within your systems and not within EOLIS then we will advise you where a fault is thought to exist so that you may arrange maintenance of your own systems at your own cost.
• 6.3. Contact details for On-Line Services Administration are available on the EOLIS Homepage. You may also contact On-Line Services Administration by sending an e-mail to onlineservices@eulerhermes.com or by calling +44 0844 893 0000
7. Availability of EOLIS top↑
Euler Hermes reserves the right to suspend or withdraw some or all of the pages of EOLIS without notice at any time and accepts no responsibility for these pages not being available.
8. Conditions of access top↑
• 8.1. In the event of a breach of any of these Terms by you or the User, Euler Hermes may immediately and without notice prevent or restrict your access to EOLIS.
• 8.2. You may only access and use EOLIS in accordance with these Terms for the purposes of managing your Policy and you must not attempt to gain access to any other information.
• 8.3. By giving permission to the User to access EOLIS on your behalf, you warrant that the User fully complies with these Terms. You are wholly responsible for the use of EOLIS by the User and any action or omission by the User when using the Services. Should any action by the User result in any chargeable Service and/or result in costs or loss to us then you are responsible for any such costs or loss.
• 8.4 You must use the information obtained from EOLIS internally and solely for your normal business purposes in connection with your Policy.
• 8.5. The Users may only disclose information obtained from EOLIS to you and for your sole use. If the User is a broker appointed on your Policy then that User does so as part of the User's normal broking services to you and not as an independent or profit-making activity.
• 8.6. You must appoint a contact person to act on your behalf as the point of contact with Euler Hermes in all matters relating to EOLIS.
• 8.7. You agree to use EOLIS only for lawful purposes and in a manner which does not infringe the rights of, or restrict or inhibit the use of EOLIS by Euler Hermes or by any third party. You agree not to import or transfer to EOLIS either directly or indirectly any information or other content which is or may be inaccurate, misleading, defamatory, obscene or offensive or in breach of any intellectual property rights or similar right or damaging to the software or performance of EOLIS.
• 8.8. By supplying Data to us via EOLIS, you confirm that it is in all respects true and accurate. You agree that if you have given false or misleading information and we identify fraud, we will identify this in your records and may retain such records for a reasonable period.
• 8.9 We may provide you with electronic messages reminding you of certain actions that may need to be taken under these Terms or under the Policy (“Alertsâ€Â�). The Alerts are provided without prejudice to any terms and conditions of your Policy. At all times you remain responsible for compliance with the Policy, and you must ensure that your Policy remains valid and that you are adequately covered under the Policy.
• 8.10. You agree that if any Alerts are based on information you have provided to us, Euler Hermes is not responsible for any inaccuracy of such Alerts.
• 8.11. You are responsible for the security of your own computer systems and you must ensure that your computers and computer systems are secure and can deal with any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful, that may infect your computer systems, computer programs, data or other proprietary material due to your use of EOLIS. For the avoidance of doubt Euler Hermes will not be liable for any such loss or damage.
9. Confidentiality top↑
• 9.1. You must keep secret and not disclose to third parties without our permission any passwords, codes and information obtained from or through EOLIS and you accept full responsibility for any breach of this obligation by the User. You shall ensure that all personnel designated to use EOLIS are aware of their obligation to maintain the confidentiality of information and the need to guard against unauthorised access to computer systems. If you believe that there has been a breach of security you must contact On-Line Services Administration immediately (see clause 3).
• 9.2. These conditions of confidentiality shall survive any cessation by you or the User to access EOLIS or the withdrawal by us of your right to use EOLIS
10. Credit Intelligence Service - Access through EOLIS top↑
• 10.1. You may access the Credit Intelligence Services offered by us through EOLIS.
• 10.2. Access to the Credit Intelligence Services through EOLIS is subject to these Terms. The supply of the Credit Intelligence Services is subject to the EHS T&C and the applicable Schedule of Fees, copies of which are available from On-Line Services Administration.
• 10.3. In relation to the Credit Intelligence Services if there is any conflict between these Terms and the EHS T&C, the EHS T&C shall prevail.
11. Placing a debt for collection top↑
• 11.1. If your Policy provides for debt collection services to be supplied by EHC then you can use EOLIS to place any debt for collection by EHC.
• 11.2. By placing any and all debts for collection by EHC via EOLIS you confirm your agreement to be bound by the EHC T&C (copies of which are available from On-Line Services Administration) and to pay EHC the fees and expenses notified to you from time to time.
• 11.3. If you placed your debt for collection by EHC, should any conflict arise between these Terms and the EHC T&C, the EHC T&C shall prevail.
12. Indemnity top↑
You will indemnify us against any costs, damages, losses or liabilities sustained by us, or any claims whatsoever made by third parties against us, as a result of your breach of any of these Terms.
13. Copyright - Limited licence top↑
The copyright, design and all other intellectual property rights in EOLIS and each and every piece of information provided by us through the Services remain the property of or vested in Euler Hermes or the providers of such information, subject only to the limited non-transferable and non-exclusive licence to use EOLIS granted to you under these Terms for the duration of this agreement.
14. Termination top↑
We may withdraw EOLIS from you immediately without notice if :
• 14.1. you and/or the User are in breach of any of the conditions in clause 8 and/or clause 9 of these Terms;
• 14.2. you and/or the User are in breach of any other obligations under these Terms and have failed to remedy (if remediable) the same within 30 days of being notified by Euler Hermes;
• 14.3. you and/or the User are in breach of any of the Policy terms and conditions, EHS T&Cs or EHC T&Cs;
• 14.4. your Policy has expired or has been terminated for any reason; or
• 14.5. the User is a broker who is no longer appointed as a broker onthe Policy.
15. Warranties and limitation of liability top↑
• 15.1. We do not provide any warranties except as set out in these Terms and to the extent permitted by law all other express and implied warranties are hereby excluded.
• 15.2. We do not warrant or make any representation regarding the accuracy, adequacy, quality or fitness for any particular purpose of the information contained in or accessed via EOLIS.
• 15.3. We do not warrant or make any representation (1) as to the full functionality of EOLIS, (2) that any defects in EOLIS will be corrected, (3) that EOLIS or the server that makes it available is free of viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful, and (4) that EOLIS is compatible with your software or computer configuration
• 15.4. Subject to clause 15.7 below, we and/or our information suppliers shall not be liable (whether in contract or in tort) for any costs, damages, loss or liabilities suffered or sustained by you or the User which arise from
o 15.4.1. any breach or default by us in the provision of EOLIS or any Services;
o 15.4.2. the use of any information obtained by the User from EOLIS which causes any interruption in the operation of your system(s), howsoever caused;
o 15.4.3 the termination of these Terms by us for any reason.
• 15.5. These Terms shall not increase or extend any of our liability or obligation over any liability or obligation provided for under the Policy.
• 15.6. In the event that the exclusion of liability set out in the Terms shall not by any statute or other operation of law be upheld then our liability to you under the Terms shall not exceed £500. £500.
• 15.7. EHUK's and EHI’s obligations under any existing Policy with you shall not be affected by this clause 15.
16. Data protection top↑
• 16.1. By accessing and using EOLIS, you acknowledge and agree that Euler Hermes may:
o 16.1.1 process Personal Data provided by you, including Personal Data relating to the partners, directors, shareholders and employees of your business and your Customers (“relevant dataâ€Â�), for the purpose of carrying out credit insurance and any associated activities, including risk assessment and debt collection (“relevant activitiesâ€Â�);
o 16.1.2 transfer relevant data to any company or branch within the Euler Hermes and to responsible third parties (including entities outside the European Economic Area where necessary), for the purpose of carrying out relevant activities;
o 16.1.3 disclose relevant data to and use information from credit reference agencies for credit risk assessment and identification purposes;
o 16.1.4 share relevant data with fraud prevention agencies, regulatory bodies and other law enforcement agencies (including the police) for prevention and detection of fraud and money laundering; and
o 16.1.5 retain relevant data for a reasonable time after termination of the Policy or rejection of any limit applications, for audit purposes.
• 16.2. By supplying relevant data to us via EOLIS, you confirm that:
o 16.2.1 you have obtained the consent of and are authorised by all relevant individuals to provide their Personal Data to Euler Hermes and to permit the processing of such data as set out in this clause 16; and
o 16.2.2 you will comply with all your obligations under the Data Protection Legislation and, in particular, you will have in place appropriate technical and organisational measures to safeguard against any unauthorised or unlawful processing, accidental loss, destruction or damage of Personal Data
• 16.3. You agree to indemnify Euler Hermes against all liabilities, costs, expenses, damages and losses (including but not limited to penalties, fines, and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Euler Hermes arising out of or in connection with the breach of the Data Protection Legislation or the obligations under this clause 16 by you, your employees, your agents or the User, provided that Euler Hermes gives you prompt notice of such claim, full information about the circumstances giving rise to it (subject to any confidentiality restrictions), and reasonable assistance in dealing with the claim.
• 16.4. For the avoidance of any doubt, CreditTracker Data will only be used for the purposes of CreditTracker and will not be disclosed to any third parties.
• 16.5. With regard to the processing of your own Personal Data, you should refer to the most recent version of our privacy notice available here.
17. Waiver top↑
In no event shall any delay, neglect or failure by Euler Hermes in enforcing (in whole or in part) any provision of these Terms be or shall be construed as a waiver of Euler Hermes rights or in any way affect the validity of the whole or any part of these Terms nor shall it prejudice Euler Hermes’ rights to take subsequent action.
18. Notices relating to the policy top↑
Where the Policy requires one party to notify the other party in writing and allows for the notification to be sent electronically, such notice may be transmitted via EOLIS. Any notice sent electronically will be regarded as served by the close of business on the first working day after transmission or when viewed if earlier.
19. Severability top↑
In the event that any provision in these Terms is determined by any court or competent authority to be invalid, unlawful or unenforceable to any extent, then the term, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
20. Force Majeure top↑
We will not be liable for any failure to perform, or delay in performance of, any obligations under these Terms that is caused by events outside our reasonable control (“Force Majeureâ€Â�). Force Majeure event includes (without limitation) strikes, other industrial actions, fire, terrorist attack or a threat of terrorist attack, war, natural disaster such as flood, storm or earthquake, impossibility of the use of private or public telecommunications networks, or similar events.
21. Entire agreement top↑
These Terms (which replace any prior agreements previously applicable to the provision of EOLIS by us) represent the entire agreement between the parties in relation to the use and provision of EOLIS, and no representations or warranties, whether written, oral or implied provided before or after this agreement shall form part of these Terms.
22. Assignment top↑
You or the User shall not assign, transfer or otherwise dispose of, in whole or in part, its rights and obligations under these Terms.
23. Third party rights top↑
A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
24. Law top↑
These Terms are subject to the laws of England and Wales and the parties hereby agree to submit to the exclusive jurisdiction of the English Courts. |
