Ativion

ATIVION SERVICES AGREEMENT

This Ativion Services Agreement (“ASA”) is between Ativion (as defined in Section 1), and the customer ordering the Ativion Services/identified in the Order (“Customer” or “you”).

YOUR CONTINUED USE OF THE SERVICES IS SUBJECT TO THE TERMS OF THIS ASA. BY SIGNING THE ORDER OR ACCESSING AND/OR CONTINUING TO USE THE SERVICES YOU AGREE TO BE BOUND BY IT TO THE EXCLUSION OF ALL OTHER TERMS.

1.    DEFINED TERMS.

The following words, when capitalized, have the meaning stated:

  • “Affiliate” means any legal entity that a party owns, that owns a party, or that is under its common ownership. “Ownership” means, for the purposes of this definition, control of more than a fifty percent interest in an entity.
  • “Agreement” means, collectively, this ASA and any applicable Order or other addenda which govern the provision of Services.
  • “Ativion” or “we” means the Ativion or Netop Affiliate identified in the Order, or, if none is identified: (i) Impero Solutions, Inc. dba Ativion if your billing address is located in the United States or (ii) Impero Solutions Limited trading as Ativion if your billing address is located outside of the United States.
  • “Ativion Companies” means: all the entities identified as Ativion Companies listed within the organisation structure  available at www.ativion.com/legal/group-structure/
  • “Ativion Group” means Impala Bidco Limited t/a Ativion, a company incorporated in England and Wales with registration number 10878303, registered at Seventh Floor, East West, Tollhouse Hill, Nottingham, NG1 5FS, United Kingdom and its Affiliates consisting of Ativion Companies and Netop Companies.
  • “Ativion Platform” means an information technology system provided and hosted by Ativion as part of the Services, including any hosted platform or software as a service delivery of the Services.
  • “Business Day” means Monday through Friday, excluding public holidays in the United States or United Kingdom.
  • “Confidential Information” means non- public information disclosed by one party to the other in any form that: (i) is designated as “Confidential”; (ii) a reasonable person knows or reasonably should understand to be confidential; or (iii) includes either party’s products, customers, marketing and