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Ireland Humap Licence Bands

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Data Processing Agreement

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Terms and Conditions

Licensor: Humap Ltd, a company registered in England and Wales (company number 13192159), whose registered office is Jubilee House, East Beach, Lytham St Annes, Lancashire, FY8 5FT.

The Chest Order, together with the Licence Terms and Conditions, and any exceptions listed below, create a legally binding contract between your institution, organisation or company and the Licensor. Therefore please read the terms and conditions carefully and only submit a Chest Order if its terms and conditions are acceptable to your institution, organisation or company and you have the authority to make the financial commitment shown.

Licence Type

The different licence types detailed on the Products and Pricing tab are subject to the terms and conditions for the Standard Software as a Service (SaaS) Licence (July 2024). Please see the additional exceptions listed in the 'Exceptions to the Terms and Conditions' section at the bottom of the page.

Payment Terms

Jisc will invoice Licensed Institutions for the initial Fee on receipt of a completed order. Sites committing for 3 years will then be invoiced annually 3 months in advance of the anniversary of their licence start date until the end of their Commitment Period.

You are advised that because of the requirement for Jisc to collect monies due before the anniversary date 2 charges may initially fall into an academic accounting year.

Chest is an Enterprise of Jisc. All Purchase orders must be made out to Jisc Services Ltd, 4 Portwall Lane, Bristol, BS1 6NB to cover all charges plus VAT.

All terms contained in a PO are expressly rejected and do not form part of the Licence or vary the Licence terms in any way.

Payments are due within thirty days of the invoice date; recipients of late payments are entitled to interest in accordance with UK statutory provisions.

Termination Clauses

At the end of a Licence period access to the software will be rescinded, with the following exception:

Provided that the Licensee pays for a 3-year FE, HE Department, HE Small, HE Medium, HE Large or Galleries, Libraries, Archives and Museums unlimited projects option, the Licensor grants the Licensee the right to access and use Legacy Mode for a period of 3 years after the end of the term set out on the Order.

It is the intention of Chest and Humap to renew this Agreement. If the Agreement is renewed or extended, then new conditions may apply. If the Agreement is not renewed, then any extension is a matter between institutions and Humap.

Location and Use Permissions

The product may be used by any Authorised User of the Licensee for Educational Purposes which includes the administration and management of the licensee’s educational and research operations. These permissions are described in the terms and conditions for the Standard Software as a Service (SaaS) Licence (July 2024).

Personal Licences

As home-use rights are already included as standard, personal licences are not required under this Agreement.

Adding Products / Upgrading to an Unlimited Licence

Further and Higher Education Pricing: Any institution that wishes to upgrade mid Licence Year from HE Department to one of the 3-year HE Unlimited options, shall pay the difference in the Fees, prorated according to the number of months remaining in their current Licence Year. Any subsequent Licence Years will be charged at the relevant Unlimited option licence fee.

Galleries, Libraries, Archives and Museums Pricing - Single Project: Fees for products added by an institution after the requested licence commencement date will be prorated in the first year so that their licence term runs in parallel with the licence term of their initial Single Project. The licence terms for all licensed products under a Licence will therefore be coterminous, running until the end of the initial 3-year subscription.

Galleries, Libraries, Archives and Museums Pricing - Unlimited: Any institution that wishes to upgrade mid Licence Year from a Single Project or multiple Single Projects to an Unlimited option, shall pay the difference in the Fees, prorated according to the number of months remaining in their current Licence Year. Any subsequent Licence Years will be charged at the relevant Unlimited option licence fee.

Exceptions to the Terms and Conditions

• Clause 1 (Definitions) is amended as follows:
  
  The term 'Licensee Data' is added as a clause between 1.1 (f) and 1.1 (g) and reads:
  'Licensee Data means any content made available or shared by the Licensee and/or its Authorised Users via the Software including documents, data, information and other materials.'
  
  The term 'UK GDPR' is added as a clause between 1.1 (j) and 1.1 (k) and reads:
  'UK GDPR means the retained EU law version of the General Data Protection Regulation (Regulation (EU) 2016/679), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018, and as amended by Schedule 1 to the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019 (SI 2019/419).'
  
  
• Clause 2.5 is added to clause 2 (Licence Grant) and reads:
  'Provided that the Licensee pays for a 3-year FE, HE Department, HE Small, HE Medium, HE Large or Galleries, Libraries, Archives and Museums unlimited projects option, the Licensor grants the Licensee the right to access and use Legacy Mode for a period of 3 years after the end of the term set out on the Order.'
  
  
• Clause 3.1 (e) is added to clause 3 (Restrictions) and reads:
  'input, upload, transmit, or otherwise share, provide to or through the Software, any content or other information or materials (including Licensee Data) that are unlawful, illegal, defamatory, obscene, or otherwise injurious, or contain, transmit, or activate any software viruses, worms, Trojan horses or any computer code, files or programs designed to disrupt, destroy, invade, gain unauthorised access to, corrupt or modify data in, prevent authorised access to, the Software or any part of the Licensor's system.'
  
  
• Clause 7.3 is added to clause 7 (Intellectual Property Rights Indemnity) and reads:
  'The Licensor acknowledges that all proprietary and intellectual property rights in the Licensee Data are the exclusive property of the Licensee or its licensors or the Authorised Users and that this Licence Agreement does not assign or transfer to the Licensor any right, title or interest in such Licensee Data save that the Licensee shall grant to the Licensor (or procure the grant to the Licensor) all rights necessary for the Licensor to access and use the Licensee Data to the extent necessary to provide access to and use of and to ensure functionality of the Software in the manner provided for in this Licence Agreement.'
  
  
• Clause 9.6 is added to clause 9 (Term and Termination) and reads:
  'On any termination by the Licensee under clause 9.3, the Licensor shall use all commercially reasonable efforts to assist the Licensee in effecting a complete transition of all Licensee Data and processes related to the provision of the Software, to the Licensee or replacement licensor as directed by the Licensee, without any material interruption of, or adverse impact on, the provision of the Software, and with no additional charge to the Licensee.'
  
  
• The following clause is added between clauses 8 (Liability) and 9 (Term and Termination) and reads:
  
  'Data Protection
  The Licensee is deemed the ‘Data Controller’ and the Licensor the ‘Data Processor’ as defined under the UK GDPR. Any 'Processing' of 'Personal Data', as each term is defined by the UK GDPR, carried out pursuant to the Order will be governed by the Licensor’s Data Processing Agreement set out in the Appendix to this Agreement.'
  
  
• The Licensor’s Data Processing Agreement (as displayed on the Data Processing Agreement tab) is added as an Appendix.

Products and Pricing

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