Client’s Manager: the Client’s manager for the Services, appointed in accordance with clause 4.1(d).
Controller, processor, data subject, personal data, personal data breach, processing and appropriate technical measures: as defined in the Data Protection Legislation.
Data Protection Legislation: the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications).
Deliverables: all documents, products and materials developed by ASSISTED. or its agents, subcontractors, consultants and employees in relation to the Proposal in any form, including any deliverables specified in the Proposal.
Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Pre-existing Materials: all documents, information and materials provided by ASSISTED. relating to the Services which existed prior to the commencement of this agreement.
Proposal: the Proposal number set out in the Contract Details and any further or amended Proposal agreed in writing between the parties during the term of this agreement.
Milestones: a date by which a part of the Services is estimated to be completed, as set out in the Proposal.
Server (if applicable): a computer server administered by ASSISTED.
Services: the services to be provided by ASSISTED. under this agreement as set out in the Proposal, together with any other services which ASSISTED. provides or agrees to provide to the Client.
UK Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive (2002/58/EC) (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
VAT: value added tax chargeable under English law for the time being and any similar additional tax.
Unless specifically provided otherwise, rights arising under this agreement are cumulative and do not exclude rights provided by law.
Nothing in this agreement is intended to, or shall operate to, create a partnership between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
A person who is not a party to this agreement shall not have any rights under or in connection with it.