EAST SUFFOLK COUNCIL
DOCUMENT ENTRY SYSTEM (DES) – TERMS AND CONDITIONS
East Suffolk Council ("ESC") has developed a web-hosted electronic
system to facilitate the submission of Official Documents to any Port
Health Authority ("PHA") within England using an on-line portal using one registration
process administered by ESC, subject to the Conditions of Use set out below.
Clicking on the "Accept" button [at the bottom of this screen] to access the System
implies You have read and accepted the Conditions of Use set out below.
CONDITIONS OF USE
1. Definitions and Interpretation
1.1 In these Conditions of Use, unless the context otherwise requires, the following
words and expressions have the meanings given to them:-
'DES' means Document Entry System
'IPR' means Intellectual Property Rights which include copyright, confidential information,
patents, design rights and trademarks
‘Party’ means either You or Us (as the context requires), and ‘Parties’ means You
'PHA' means a statutory Port Health Authority in England
'PHILIS' means Port Health Interactive Live Information System
'Registration' means application for use of the System to and acceptance by Us via
the System’s online registration form
‘System’ means the DES software system enabling and facilitating
on-line submission of Official Documents to PHAs in England
‘We’, ‘Us’ or ‘Our’ means East Suffolk Council of East Suffolk House
Station Road, Melton, Woodbridge, IP12 1RT statutory port health authority for the Port
of Felixstowe in Suffolk
‘You’ or ‘Your’ means the person or firm who has registered with East Suffolk Council
and is requesting access to and use of the System
1.2 References to specific enactments or rules are deemed to include reference to
those enactments or rules as amended, re-enacted or replaced from time to time.
1.3 Reference to the singular includes the plural and vice versa, and to any gender
includes any other gender.
2.1 Pursuant to the requirements of the 2009 Regulations and Section 111 of the
Local Government Act 1972 and in consideration of £1 (if demanded), We grant You
a non-exclusive, non-transferrable licence to use the System subject to these conditions
3.1 Prior to access to and use of the System, You must apply for to Us for Registration.
Registration and use of the System thereafter will constitute full acceptance of
these conditions of use and any prevailing amendments thereto.
3.2 We give no guarantee or indemnity that Registration will permit successful,
uninterrupted or continuous access to any PHA via the System. Access is permitted
only to those PHAs that have entered into a separate licence with Us for use of
4. Access to the System
4.1 Following registration, you will be granted access to the System to facilitate
electronic submission of Official Documents by You to PHAs, PROVIDED that the PHA to which you
wish to submit Official Documents have themselves enter into a separate licence with Us for use
of the System.
4.2 We shall not be in any way liable for wrongful access to the System by persons
purporting to act on Your behalf. Notwithstanding the PHA to which it is submitted,
we will acknowledge each Official Document submitted electronically by e-mail.
4.3 ESC will not be liable for any fees payable by You to the PHA to whom Official Documents
are addressed (or by a PHA to You) upon submission in accordance with that PHA's
5. Indemnity and Liability
5.1 Except in the event of death or personal injury for which liability is unlimited,
We give no indemnity or guarantee whatsoever as to the suitability or fitness for
purpose of the System for Your or any other purpose.
6. Intellectual Property Rights
6.1 You acknowledge and agree that all IPR
in the System vest and shall remain vested in Us at all times. We do not claim IPR
in the format or content of Official Documents submitted.
7.1 We may terminate this Licence immediately –
(a) by notice in writing if You are in breach of the terms of this Licence and have
failed to remedy such breach within 14 days of being given a written notice requiring
You to do so;
(b) if, in Our sole opinion, Your use of the System is inconsistent with the requirements
of the 2009 Regulations; or
(c) if You are subject to an administration order, receivership or liquidation order
or are unable to pay Your debts (within the meaning of the Insolvency Act 1986)
or make a proposal for voluntary arrangement under Part 1 of that Act or are wound
up, adjudicated bankrupt or make any comparison or arrangement with or for Your
7.2 Either Party may terminate this Licence at any time by giving to the other Party
not less than 28 days' notice to so terminate.
7.3 Upon termination, We will suspend Your access to the System.
8. Dispute resolution
8.1 In the event of any disagreement between the Parties regarding this Licence
(a) The Parties shall attempt to resolve their differences by discussion between
either You (if You are an individual) or a principal of Your firm and Our Head of
(b) If the Parties are still not able to resolve the matter in dispute within 14
days of referral, the matter shall be referred to the decision of an arbitrator
agreed upon by the Parties or in default of agreement nominated by the President
for the time being of the Law Society of England and Wales in accordance with the
Arbitration Act 1996.
9.1 Unless otherwise specified herein, any notice to be served by Us upon You shall
be valid and of full effect if served by ordinary first class post at Your usual
place of business as notified to us upon registration (unless subsequently changed
and notified to Us in writing).
9.2 Any notice to be served by You upon Us shall be valid and of full effect if
served by ordinary first class post address to Us at the address given above and
marked for the attention of Our Head of Health.
10. Contracts (Rights of Third Parties)
10.1 Notwithstanding any other provision of this Licence nothing in this Licence
confers or purports to confer any right to enforce any of its terms on any person
who is not a party to it.
11.1 We reserve the right to vary these Conditions of Use without notice at any
time. Use of the System after a change has been made implies Your acceptance of
any such variations.
12.1 Failure by Us at any time to enforce the provisions of this Licence or to require
performance by You of any of the provisions of this Licence shall not be construed
as a waiver of any such provision and shall not affect the validity of the Licence
or any part thereof nor Our right to enforce any provision in accordance with these
Conditions of Use.
13.1 The formation of these Conditions of Use and all matters or disputes arising
under or in connection with them shall be governed by English law and subject to
the jurisdiction of the English Courts.
Copyright of East Suffolk Council
15 April 2010