Terms of Service
These Terms of Service contain the terms and conditions that govern all use of our System (as defined below) and services (as defined below) and all contact, services and/or products available on or through the System.
Topp Language Solutions (TLS) Booking and Email Communications
Data Processor – Topp Language Solutions Ltd
Definition – A person or system that processes data on behalf of the data controller
Data Controller – Third Party Applications
Definition – Determines the purpose in which any personal data is processed
The TLS Booking System is offered to you subject to your acceptance, without modification (agreed by the parties pursuant to these terms of service), of all the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy), the Guidelines and any future modification thereof, and procedures that may be published from time to time on the Platform or made available to you on or through the TLS Booking System. If you are entering into these Terms on behalf of an entity, such as your employer or the company you work for, you represent that you have the legal authority to bind that entity.
Please read these terms carefully, by registering for, accessing, browsing and/or otherwise using the TLS Booking system, you acknowledge that you have read read, understood and agree to be bound by the terms. If you do not agree to be bound by these terms, do not access, browse or other wise use the TLS website or Booking System.
Supplier may, in its sole discretion elect to suspend or terminate access to, or use TLS Booking System to anyone who violates these Terms.
The original language of these Terms is English. Supplier may make available translations for convenience. In case of conflicts between the original English version and any translation, the English version shall prevail.
1. Definitions
Account – the primary means for accessing and using the TLS Booking System.
Client – a natural or legal person who has accepted these Terms with the Supplier; this includes customers of Topp Language Solutions and communication professionals
Fee agreed – amount of charge to communication professionals and clients and payment after Booking has been completed
TLS Booking System/Booking System – the web based portal which provides access for clients and Communication Professionals to check on Booking updates, apply to support a Booking and create a Booking
Supplier – Topp Language Solutions Ltd
Booking – service that Topp Language Solutions ltd provide clients as their nature of the business
Communication Professional – a person that provides the required support for each Booking made by a Client.
Definition of Client Data – what the booking is
— deaf Persons name
— data & time of booking
— additional information
— any contact details
— clients name and contact number
2. Authority to Enter into These Terms with Supplier
The use of the TLS Booking System is subject to acceptance of these Terms. To accept these Terms for itself or on behalf of a Client, a person must have the legal capacity to do so. In the case of an individual, the individual must be at least 18 years of age or have valid authorization from his/her legal representative or custodian. In the case of a legal entity, the entity must be duly incorporated and in good standing.
The Terms are accepted as soon as one of the following occurs first:
2.1 the person has received the confirmation of the creation of the Account and necessary credentials from Supplier in order to log in to his/her/its Account; or
2.2 for those TLS Booking System and parts of the Web Site the use of which is not dependent on creating an Account, upon the moment of gaining access to such services.
You may not, without Supplier’s prior written consent, access the TLS Booking System (i) for production purposes, (ii) if you are a competitor of Topp Language Solutions ltd, or (iii) for other benchmarking or competitive purposes.
Once accepted, these Terms remain effective until terminated as provided for herein.
3. Modification to Terms
Supplier reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms at any time by posting such changes on or through the Website or the TLS Booking System. Please check these Terms periodically for changes. Your continued use of the TLS Booking System after such changes have been posted as provided above constitutes your binding acceptance of such changes. Such amended Terms will automatically be effective upon the earlier of (i) your continued use of the TLS Booking System, or (ii) 30 days from posting of such modified Terms on or through the Website. Notwithstanding the foregoing, the resolution of any dispute that arises between you and Supplier will be governed by the Terms in effect at the time such dispute arose.
4. Our Responsibilities
4.1 Provision of TLS Booking System Supplier will (a) make the Booking System, Content and Client Data available to a Client pursuant to these Terms, (b) provide applicable standard support for the Booking System to Client at no additional charge, (c) use commercially reasonable efforts to make the Booking System available 24 hours a day, 7 days a week, except for: (i) planned downtime (of which Supplier shall give advance electronic notice as provided in the Guidelines), and (ii) any unavailability caused by circumstances beyond Supplier’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem, Internet service provider failure or delay, or denial of service attack.
4.2 Protection of Client Data Supplier will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Client Data, as described in the Guidelines. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of Client Data by Supplier personnel except (a) to provide the Booking System and prevent or address service or technical problems, (b) as compelled by law in accordance with Section 7.4 (Compelled Disclosure) below, or (c) as a Client or User expressly permit in writing.
4.2.1 Client Data on the TLS Booking System
Data is stored within a database that is inaccessible via the internet. The website exists on the same server as the database so there is no traffic over any network that could be intercepted. The password for the actual server the data exists on is very secure. An average password strength test reveals a password with its characteristics is extremely secure. The password is only shared between 2 people and not written down. Backups are stored remotely on Amazon Cloud Compute Services which again has a highly secured password with similar characteristics to the password for the server. All backups to Amazon Cloud Compute Services are done over SSL.
4.2.2 There is currently no policy for deleting data that ages past a given time frame. Certain data is required for accounting auditing purposes.
4.2.3 Upon request any users data can be removed from the system. In order to abide by auditing guidelines removal may mean replacing names and addresses of requesting user with values such as ‘Deleted User’. If the data is of a given age such that it can be deleted from the system without compromising other auditing requirements then it would be completely removed from the system.
4.3 Should there be a data breach, it is Topp Language Solutions’s duty to report it to the Information Commissioners Office (ICO) within 24 hours and take all relevant actions:
— Provide full details of the incident
— The number of individuals affected and its possible effect on them.
— The measures to mitigate those effects
— Information about our notification to customers
4.4 There are occasions where we retail email communication for longer than 6 years. This is to help us understand our clients needs and to provide World Class Customer Experience.
4.5 Topp Language Solutions retain paper-based and electronic files of financial data for 6 years as required by HMRC.
5. Using the TLS Booking System
5.1 Establishing an Account Certain features, functions, part of elements of the Booking System can be used or access only by holders of an Account. The person who wishes to create an Account must:
5.1.1 complete a registering form as provided by making contact with a Topp Language Solutions employee at http://topplanguagesolutions.co.uk/communication-professionals/
5.1.2 accept these Terms by logging into the Booking System (once registered) and creating your own password to gain access.
Each client may have only one Account. If several persons need to use the Booking System services they too need to be registered as above.
Supplier is not responsible for and shall have no liability for verifying the validity of Authorization of any User. However, Supplier may, in its discretion, request additional information or proof of the person’s credentials. If Supplier is not certain if a User has been granted Authorization, Supplier may, in its sole discretion, prevent such User from accessing the Booking System.
5.2 Logging into an Account. Supplier shall provide Client with a user name and password “Login Credentials” to be used to log into it’s Account. These Login Credentials must not be used by multiple persons. Each Client but create their own login by registering. The Client is responsible for keeping confidential all login credentials associated with their Account. Client must promptly notify Supplier:
5.2.1 of any disclosure, loss or unauthorised use of any Login Credentials
5.3 Termination of Account. Client may terminate these Terms at any time as provided in Section 17. Supplier shall permanently delete the Account within six months of the effective date of termination.
5.4 Fees. The use of an Account is free but the fee applies to the type of Communication Support the Client requires, as and when requested as per below:
5.4.1 Client requests Communication support
5.4.2 Fees for the booking are discussed at point of the booking being raised to source a Communication Professional
5.4.3 An invoice is produced after the client’s request has been completed.
5.4.4 Fees are not required for Interpreters/Communication Professionals that have an account on the Booking System as they use their account to put themselves forward for work.
6. Services
6.1 Use of the TLS Booking System. Subject to these Terms, Topp Language Solutions ltd grants it’s Clients access and to use the Booking System to:
6.1.1 Place their own booking requests
6.1.2 Communication Professionals can apply for available bookings
6.1.3 Check details of each booking that is placed
6.2 Technical support. Supplier shall provide reasonable technical support to the Client. Supplier shall respond to enquiries of support from the client as soon as reasonably possible. The contacts for all enquiries of support via web form at http://topplanguagesolutions.co.uk/contact-us/
6.3 Modifications of Service. Supplier reserves the right to modify the TLS Booking System or any part or element thereof from time to time without prior notice, including, without limitation:
6.3.1 rebranding the TLS Booking System at its sole discretion
6.3.2 ceasing providing or discontinuing the development any particular Booking System or part or element of the System temporarily or permanently;
6.3.3 taking such action as is necessary to preserve Supplier’s rights upon any use of the Booking System that may be reasonably interpreted as violation of Supplier’s intellectual property rights, distribution of Internet viruses, worms, Trojan horses, malware, and other destructive activities or illegal activity.
As applicable, Client may be notified of such modifications when logging in to the Account.
If the Client does not accept the modification, the Client shall notify Supplier before the effective date of the modification, and these Terms will terminate on the effective date of the modification. The Client’s continued use of the Booking System, or any part or element thereof, after the effective date of a modification shall indicate its consent to the modifications. Supplier shall not be liable to the Client or to any third person for any modification, suspension or discontinuance of the Booking System, or any part or element thereof.
7. Data Processing
For the purposes of Article 28 of Regulation (EU) 2016/679, these Terms constitute the data processing contract between the Client as the data controller and the Supplier as the data processor. The Client hereby instructs the Supplier to process the data as described in these Terms.
7.1 Subject matter and nature of processing.
The Supplier will provide data to a Communication Professional at the time of checking availability for a booking. In these circumstances we provide the Communication Professional with Post Code, Address, Name(s) of Deaf Person and/or those attending the booking with them. When a booking is confirmed telephone numbers at times are given to the Communication Professional and the Client. This is only provided if both are happy for us to give that information to them. Please note this type of information is only given once a Booking has been confirmed.
7.2 Duration.
The Supplier will process data on behalf of the Client until the termination of the Booking System in accordance with these Terms. Upon termination, Topp Language Solutions ltd will store the Client’s data for a period of six months, should the Client wish to reopen the Account to resume the use of the Topp Language Solutions ltd Services unless instructed otherwise by the Client. The Supplier deletes or returns all the personal data to the controller after the end of the provision of services relating to processing, and deletes existing copies unless Union or Member State law requires storage of the personal data.
7.3 Parties’ rights and obligations. The Client’s rights and obligations regarding Client Data are provided in sections 4 through 10 of these Terms. The Supplier ensures that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality. The Supplier takes all measures required pursuant to Article 32 of Regulation (EU) 2016/679. The Supplier undertakes to make available to the controller all information necessary to demonstrate compliance with their obligations and to allow for and contribute to audits, including inspections, conducted or mandated by the Client as the data controller.
Any information pertaining to a Communication Professional such as email address, telephone number, name. This Data will be kept in line with the Data Protection regulations.
8. Privacy
Supplier takes the privacy of its Clients very seriously. Supplier’s Privacy Policy is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully as it governs Supplier’s collection, use, and disclosure of Client’s personal information.
