SPFx components Terms of Service 2020-07-28T12:09:39+08:00

All SPFx components – web part and spfx packages

Terms of Service (“Terms”)

PLEASE READ THESE TERMS CAREFULLY AS THEY GOVERN YOUR USE OF ALL SPFX COMPONENTS AS OUTLINED BELOW (“COMPONENTS”). THESE TERMS EXEMPT QUALITEM PTY LTD (“QUALITEM”) AND OTHER PERSONS FROM LIABILITY AND ALSO LIMITS THEIR LIABILITY AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.

BY USING COMPONENTS, YOU ACKNOWLEDGE THAT THESE TERMS ARE AN AGREEMENT BETWEEN QUALITEM AND YOU AND ALL PERSONS YOU REPRESENT OR ARE EMPLOYED BY OR UNDER CONTRACT TO (“USER”) REGARDING ACCESS TO AND THE USE OF COMPONENTS. FOR PURPOSES OF THESE TERMS “PERSON” INCLUDES NATURAL PERSONS AND ANY TYPE OF INCORPORATED OR UNINCORPORATED ENTITY. EACH TIME YOU USE COMPONENTS YOU SIGNIFY YOUR ACCEPTANCE AND AGREEMENT ON BEHALF OF YOU TO THE CURRENT VERSION OF THESE TERMS. IF YOU DO NOT AGREE WITH EACH PROVISION OF THESE TERMS DO NOT USE ANY OF THE COMPONENTS.

QUALITEM provides COMPONENTS as the following separate components that may be used combined or singular.

  1. Source Code web part (free component).
  2. Accordion Heading web part (fee-based component).
  3. Accordion Library web part (fee-based component).
  4. Table of Contents web part (fee-based component).
  5. Calendar web part (fee-based component).

USER agrees to abide by these Terms.

1.        Service and Payment

QUALITEM agrees to provide COMPONENTS and USER agrees to pay the Fee (“FEE”) set by QUALITEM, unless individual elements are stated otherwise.

2.        Modifications

QUALITEM may modify or enhance COMPONENTS. Unless explicitly stated otherwise, any modifications or enhancements to COMPONENTS are subject to these Terms. QUALITEM reserves the right to interrupt access to COMPONENTS for maintenance.

3.        License

For COMPONENTS – QUALITEM grants USER a non-exclusive, non-transferable, limited license to “access and use” to the extent authorized when USER purchased access to the fee-based elements of COMPONENTS. USER does not nor ever will “own” the license.

4.        Registered Organisation (by Microsoft Tenant ID)

Your license to COMPONENTS entitles USER to access COMPONENTS across only the Microsoft Office 365 tenant USER is licensed for. Each COMPONENTS license will be locked to a unique Microsoft Office 365 tenant ID.   You may be the individual person who originally subscribed or an entity with multiple Users.    All users of COMPONENTS are subject to these Terms. USER is also responsible for all access to and use of COMPONENTS, whether or not USER has knowledge of or authorizes such use by USER. USER is responsible for ensuring that all relevant contact information of USER (such as legal names, email addresses, telephone numbers, etc.) is correctly set-up in COMPONENTS or has been provided to QUALITEM. QUALITEM has the right at all times to monitor USER usage.

5.        Availability

QUALITEM strives to keep COMPONENTS up and running; however, all online Service suffer disruptions and outages. In the event of an outage or disruption to COMPONENTS or our licensing service, USERS may not be able to retrieve your data. We recommend that USER backup the data that USER is processing through COMPONENTS.   QUALITEM does not delete USER content run through COMPONENTS.

6.        Code of Conduct

USER agrees to use COMPONENTS in a co-operative manner, and so as to not abuse COMPONENTS. USER agrees to not use COMPONENTS so as to violate the law, to misuse the proprietary information or property of others, or to make publications which are threatening or defamatory or otherwise injurious to the safety, business or reputation of others.

If USER violates any of the obligations or otherwise materially violate these Terms, QUALITEM may take action against you including (without limitation) stopping providing COMPONENTS or closing your COMPONENTS account and license immediately. When investigating alleged violations of these Terms, QUALITEM reserves the right to review USER content in order to resolve the issue.

7.        Term

These Terms remain in force until terminated in accordance with these Terms.

8.        Intellectual Property

All elements of COMPONENTS logo are trademarks of QUALITEM, whether or not registered. USER may display or use the COMPONENTS Marks in conjunction with its use of the COMPONENTS subject to any policy that QUALITEM may in the future create with respect to use of the COMPONENTS Marks. USER acknowledges and agrees that COMPONENTS, the interface to it (including without limitation data entry screens and reports generated by COMPONENTS) and all software used in connection with COMPONENTS contain proprietary and confidential information that is protected by applicable intellectual property and other laws. USER agrees not to use such property, including without limitation trade-marks, patents and other intellectual property of QUALITEM except as expressly authorized by these Terms. USER agrees that it will not modify, rent, lease, loan, sell, distribute or create derivative works or businesses based on COMPONENTS, in whole or in part. You further agrees that it will not reverse engineer, decompile or disassemble the applications constituting COMPONENTS.

9.        Prohibited Uses

USER agrees not to access COMPONENTS by any means other than through the interface that is provided by QUALITEM for use in accessing COMPONENTS. USER agrees that any attempt to access or modify information that does not belong to them constitutes a breach of these Terms and may result in immediate suspension of their access to COMPONENTS.

10.   Your Content

QUALITEM des not claim ownership of the information (“YOUR CONTENT”) that USER converts through COMPONENTS. USER is solely responsible for YOUR CONTENT. QUALITEM does not monitor the COMPONENTS or YOUR CONTENT and makes no attempt to do so.

Any corruption of YOUR CONTENT as a consequence of running COMPONENTS is the total responsibility of USER and QUALITEM accepts NO LIABILITY or damages. USER agrees to make regular back-up copies of YOUR CONTENT. QUALITEM is not responsible for YOUR CONTENT or the material others upload, or convert using our COMPONENTS. QUALITEM reserves the right to refuse YOUR CONTENT if it exceeds limits on storage or file size allowed by the COMPONENTS.

11.   Privacy Policy

With respect to personally identifiable information collected as part of the registration process for COMPONENTS, QUALITEM will at all times comply with the Privacy Policy as posted on its website. If USER or any User authorized by USER accesses, receives or otherwise obtains any such information belonging to third parties, then USER takes full ownership for this content.

12.   Confidentiality

With respect to YOUR CONTENT, the parties acknowledge and agree that QUALITEM is not responsible for USER’s compliance with laws governing privacy because QUALITEM does not store YOUR CONTENT. QUALITEM will use reasonable efforts to safeguard the confidentiality and security of YOUR CONTENT at all times.

13.   Security

QUALITEM will maintain COMPONENTS at a reputable third party Internet service provider and hosting facility, where commercially reasonable security precautions are taken to prevent unauthorized access to COMPONENTS and YOUR CONTENT. USER acknowledges that, notwithstanding such security precautions, use of, or connection to the Internet provides the opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to COMPONENTS and YOUR CONTENT.

ACCORDINGLY, QUALITEM CANNOT AND DOES NOT GUARANTEE THE SECURITY, PRIVACY, AUTHENTICITY OR INTENGRITY OF ANY INFORMATION SO TRANSMITTED OR STORED IN COMPONENTS.

14.   Responsibility/Indemnity

USER is solely responsible for all access to COMPONENTS and use of YOUR CONTENT, whether or not USER has knowledge of or authorizes such use. QUALITEM does not store USER credentials.  USER shall maintain the confidentiality of password and account log-in identification. USER agrees to indemnify and hold harmless QUALITEM against any liability or claim of any person that relates to the use of COMPONENTS caused by USER breaching the rights. USER acknowledges that QUALITEM has no control over the source, quality, format, nature, ownership or legality of information submitted to COMPONENTS by the USER and that the USER is responsible for any claims or liabilities that may arise from the USER’s actions in submitting information to COMPONENTS.

15.   Warranty

QUALITEM warrants that: (a) It has the power, authority and capacity, and has received all necessary authorizations and approvals, to enter into these Terms, (b) it owns or has all rights in and to the intellectual property rights in COMPONENTS necessary to offer the COMPONENTS, (c) COMPONENTS  will conform to the written description of functionality available at www.qualitem.com/products, (d) QUALITEM will take all reasonable steps to ensure COMPONENTS will be free of viruses, malicious codes and spy-ware throughout the term of these Terms, (e) QUALITEM will undertake all reasonable efforts to correct any material errors in COMPONENTS. QUALITEM disclaims all implied warranties of merchantability, fitness for a particular purpose and non-infringement to the maximum extent permitted by law.

16.   Disclaimer and Limitation of Liability

EXCEPT AS PROVIDED IN THE WARRANTY ABOVE YOU EXPRESSLY UNDERSTANDS AND AGREES THAT:

USER’S USE OF COMPONENTS IS AT USER’S SOLE RISK. COMPONENTS IS PROVIDED ON AN “AS IS”, WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. QUALITEM DOES NOT PROMISE TO SUPPORT COMPONENTS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, QUALITEM MAKES NO REPRESENTATION OR WARRANTY THAT SERVICE OR SUPPORT (A) WILL MEET USER’S REQUIREMENTS, (B) SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) WILL PROVIDE ACCURATE OR RELIABLE RESULTS, OR FURTHER THAT THE PERFORMANCE OF THE INTERNET WILL BE UNINTERRUPTED OR PERFORM AT SPECIFIED RATES, OR THAT USER’S INTERNET SERVICE PROVIDER WILL PROVIDE UNINTERRUPTED SERVICE OR PERFORM AT SPECIFIED RATES.

YOU EXPRESSLY UNDERSTANDS AND AGREES THAT QUALITEM IS NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, YOUR CONTENT, BODILY INJURY OR PROPERTY DAMAGE, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER INTANGIBLE LOSSES (EVEN IF QUALITEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE SERVICE; (II) INVALID DESTINATIONS, TRANSMISSION ERRORS, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR YOUR CONTENT.

NO CLAIM, REGARDLESS OF THE CAUSE OF ACTION GIVING RISE TO THE CLAIM, MAY BE MADE OR ACTION BROUGHT BY EITHER PARTY MORE THAN ONE YEAR AFTER THE BASIS FOR THE CLAIM BECOMES KNOWN TO THE PARTY ASSERTING IT.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, QUALITEM’S LIABILITY TO YOU PURSUANT TO THESE TERMS OF SERVICE, INCLUDING LEGAL FEES AND AWARDABLE COSTS, SHALL NEVER EXCEED THE AMOUNT PAID BY YOU TO QUALITEM FOR THE USE OF SERVICE IN THE PREVIOUS YEAR PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

QUALITEM IS NOT RESPONSIBLE OR LIABLE FOR ANY FAILURE TO PERFORM OR DELAY IN PERFORMING ITS OBLIGATIONS UNDER THESE TERMS TO THE EXTENT THAT THE FAILURE OR DELAY IS CAUSED BY CIRCUMSTANCES BEYOND QUALITEM’S REASONABLE CONTROL (SUCH AS LABOUR DISPUTES, ACTS OF GOD, WAR OR TERRORIST ACTIVITY, MALICIOUS DAMAGE, ACCIDENTS OR COMPLIANCE WITH ANY APPLICABLE LAW OR GOVERNMENT ORDER). QUALITEM WILL ENDEAVOUR TO MINIMISE THE EFFECTS OF ANY OF THESE EVENTS AND TO PERFORM THE OBLIGATIONS THAT ARE NOTAFFECTED.

17.   Termination for Breach

Upon the occurrence of any of the following events: (i) the other party materially breaches or defaults in any of the material terms or conditions of these Terms, a failure to pay being deemed to be a material breach, (ii) the other party makes any assignment for the benefit of creditors, is insolvent or unable to pay its debts as they mature in the ordinary course of business, or (iii) any proceedings are instituted by or against the other party in bankruptcy or under any insolvency laws or for reorganization, receivership or dissolution, then the non-defaulting party may give the other party written notice of such default and an opportunity to cure the default within thirty (30) days after receipt of such notice (five (5) days’ notice for non-payment), failing which the non-defaulting party may cancel these Terms without notice. QUALITEM, in its sole discretion, may suspend USER’S access to COMPONENTS during the cure period for non-payment.

18.   Effect of Termination

Notwithstanding the foregoing and provided that You is not in default of these Terms, upon termination and for thirty (30) days after that, QUALITEM shall provide reasonable assistance to USER in the conversion of YOUR CONTENT. USER agrees to pay in advance for all such Service rendered. You shall pay QUALITEM all other accrued and unpaid fees concurrently with giving notice of termination.

19.   Notices

All notices required to be given to QUALITEM shall be given to QUALITEM at its address or via e-mail (sales @ qualitem.com). Any notice required to be given by QUALITEM may be given by e-mail to the address of USER’s Technical and Administrative Contact which was provided at registration, subject to having been changed from time to time.

20.   Sole Agreement

These Terms and any invoice issued by QUALITEM to USER with respect to its use of COMPONENTS constitute the sole agreement between the parties.

21.   Assignment

These Terms may not be assigned by USER without QUALITEM’s consent, such consent not to be unreasonably withheld.

22.   Applicable Law

The laws of the state of Western Australia and Australia govern the interpretation of these Terms regardless of conflicting conflict of law principles.

23.   General Provisions

No waiver of any of the provisions of these Terms shall be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound. These Terms are binding upon the successors to and permitted assigns of the parties.

24.   Modification of Terms

QUALITEM MAY, IN ITS SOLE DISCRETION, CHANGE THESE TERMS FROM TIME TO TIME AS IT RELATES TO FUTURE USE OF COMPONENTS. BY USING COMPONENTS AFTER THIS REVISED AGREEMENT HAS BEEN POSTED, YOU SIGNIFY YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY THE REVISED AGREEMENT. YOU MAY NOT CHANGE THESE TERMS IN ANY MANNER WITHOUT THE CONSENT IN WRITING OF QUALITEM.