Please take a moment to read the following User Policy. If there is anything you do not understand, then please Contact Us.
esd-toolkit is a website provided primarily for use by the Local Authorities in the United Kingdom ("Local Authorities") by the Improvement and Development Agency for Local Government ("we" "us" "our" or "IDeA") on behalf of the Local Authorities and utilising software provided by Porism Limited (the "Service Provider").
Acceptance of this User Policy
Your access and use of this website located at www.esd-toolkit.org, including any and all content, information and materials provided within it (the "Content") (together referred to as "esd-toolkit"), is subject to your acceptance of, and compliance with, the provisions of this User Policy, which incorporates our Discussion Forum Policy, our Privacy Policy (both of which you should also read), and any other legal notices and/or instructions which may appear on esd-toolkit and/or within any Content from time to time (together this "User Policy").
IMPORTANT: By accessing and using esd-toolkit you will automatically be taken to have read, understood and accepted this User Policy. If there is anything you do not understand please Contact Us. If you do not agree to be bound by this User Policy please cease to access and use esd-toolkit and any of the Content found within it (including any Content you have copied or downloaded).
esd-toolkit
esd-toolkit is an online measuring tool and process update resource to be used by Local Authorities to support their performance improvement programme and adoption of e-enabled services to the public. esd-toolkit contains a comprehensive central list of services or processes any Local Authority may be involved in, which can be used by and customised by Local Authorities to monitor and report on their progress towards implementing electronic government and modernisation targets.
esd-toolkit provides you with a rich collection of on-line facilities, rights and obligations, the scope of which depends on whether you are:
(together "Users").
esd-toolkit has 6 primary components:
IMPORTANT: You may only use esd-toolkit (including any Content you access, copy or download) for either the lawful purpose(s) of a Local Authority or your own personal non-commercial use, and in any event in accordance with this User Policy.
You agree:
In addition you agree NOT to upload, post, email or otherwise send (together "upload") or knowingly receive any Content which:
Uploading Content
In addition to Your obligations you shall only upload Content:
You warrant and undertake that any Content you upload is accurate and up to date, and of a quality reasonably appropriate to the nature of the Content.
You warrant and undertake to ensure that no copyright or other IP Rights (as defined in the section on Ownership and Licence below) will be infringed by either:
IMPORTANT: Unless you include a clear legal notice, prominently positioned on the first page of any Content you upload, informing Users of any restrictions in their use of such Content, it will be deemed that Users are free to access, download and use such Content as they see fit, in accordance with this User Policy.
IMPORTANT: We reserve the right to either block access to, delete or amend any Content which you upload, as and when we deem appropriate (in our absolute discretion) from time to time, without notice to you.
If we receive any complaint in relation to any Content you have uploaded, in addition to our right to block access to, delete or amend such Content, we shall also be entitled to terminate your access (and where you are a Subscribing Authority, the access of any of your Subscribers) to esd-toolkit (without any refund of your Subscription Fee, if applicable) depending on the severity of the complaint.
Where we consider it appropriate, we will endeavour to contact you to inform you that a complaint has been received in relation to Content which you have uploaded, the action that we have taken, our evaluation of the allegation, and what steps (if any) we require you to take.
Availability of esd-toolkit
We shall use reasonable endeavours to ensure that esd-toolkit is available between the hours of 09.00 and 17.30 Monday to Friday, excluding public holidays. While esd-toolkit may be available outside of those times, we make no representation or guarantees as to such availability.
We reserve the right to withdraw access to all or any part of esd-toolkit for periods of time in order to modify Content, scheduled or emergency maintenance and other purposes without notice to you.
Since you will receive esd-toolkit via third party telecommunications networks, you acknowledge that we cannot guarantee that the availability of esd-toolkit will be uninterrupted or error free. Similarly we cannot guarantee that the transmission of any information over such telecommunications networks will be secure nor that you will be able to access esd-toolkit at all times.
IMPORTANT: esd-toolkit is therefore provided to you on an "as is" and "as and when available" basis, and your use of esd-toolkit is at your own risk.
Registration and use of your data
(Please see paragraph 3 Discussion Forum Policy in relation to the registration and use of Forum User’s data.)
In order to register as a Network Member you must have an email address with a recognised domain name for a Local Authority.
In order to register as a Subscriber you must have an email address with a recognised domain name for a Subscribing Authority,
(together "Registered Users")
In any event we may from time to time register persons as Registered Users as we see fit.
When registering as a Registered User, or when registering as a Subscribing Authority’s designated point of contact ("Designated Officer"), you agree to provide accurate, up-to-date and complete information about yourself, as prompted by esd-toolkit ("Your Data") and to promptly update Your Data as and when any changes to Your Data occur.
In return we agree to use Your Data only in accordance with our Privacy Policy.
When you successfully register as a Registered User you will receive a Username and Password. You are responsible for keeping your Password confidential and shall take all necessary steps to ensure that it is kept secure and not disclosed to any other person.
You must also promptly inform the following person that you have registered with us:
IMPORTANT: If you know or suspect that your Password has been disclosed to any other person you must Contact Us immediately and change your password. Please note that you are responsible for all activities that occur under your Password.
Where you are a Network Member and you cease to work (as an employee or consultant) for a Local Authority, you must immediately notify us (Contact Us) of this fact (so that we can remove your registration and rights of access as a current Network Member) and cease accessing any part of esd-toolkit other than the public areas.
Where you are a Subscriber and you cease to work (as an employee or consultant) for a Subscribing Authority you must immediately notify your Designated Officer and cease accessing any part of esd-toolkit other than the public areas. The Designated Officer, on behalf of the Subscribing Authority, must then notify us of this fact, so that we can remove your registration and rights of access as a current Subscriber.
Any Local Authority may register as a Subscribing Authority by paying the annual subscription fee for the remainder of the current year (until 31 March) and annually thereafter (the "Subscription Fee"). The subscription fee per annum per local authority varies according to the value of the Local Authority Formula Spending Share (FSS): FSS less than £25m - £650 fee per annum, FSS £25m - £300m £1,250 fee per annum, FSS greater than £300m - £1,950 fee per annum. This subscription fee allows unlimited access to esd-toolkit resources and functionality across the Local Authority.
Each Subscribing Authority must have a person registered with us as its Designated Officer.
By registering as a Subscribing Authority any individual allocated an email address using that Local Authority domain name will either be entitled to register as a Subscriber, or where he/she is already registered as a Network Member, he/she shall automatically become a Subscriber.
If a Subscribing Authority wishes to restrict the use any of its Subscribers may make of esd-toolkit, and in particular the Subscriber Areas, then it is responsible for notifying such restrictions to its Subscribers, and for enforcing such restrictions. For the avoidance of doubt we shall not be responsible to either the Subscribing Authority or any Subscriber in relation to any restrictions other than those set out in this User Policy.
Subscriber Areas
The Subscriber Area allocated to each Subscribing Authority is currently limited to 10 Mb and we reserve the right to refuse to accept Content and/or delete Content which exceeds the relevant limit. We also reserve the right to vary this limit from time to time by notice to Subscribing Authorities.
Each Subscribing Authority is responsible for making all necessary back-ups of its Subscriber Area and any Content that it has uploaded onto its Subscriber Area, in accordance with good computing practice. Under no circumstances are we responsible for such a back-up, or any consequences of you failing to make an adequate back-up.
Any use of Content by a Subscribing Authority stored in esd-toolkit including in its Subscriber Areas, in the provision of any live services to the public, is at the sole risk of the Subscribing Authority. We cannot and do not guarantee the availability of esd-toolkit including any Subscriber Areas at any time.
If a Subscribing Authority wishes to allow access to any information in its Subscriber Area, then it may identify documents for sharing with other Users locally, regionally, or nationally, or with the public generally.
Facility for Submitting Data
Unless a Subscribing Authority notifies us otherwise, by the Designated Officer Contacting Us, each Subscribing Authority agrees that we shall be entitled to submit on its behalf:
then we shall be entitled to use, publish and exploit such data as we see fit, including disclosing such data to third parties provided that any commercial gain shall be used for the benefit of esd-toolkit and subject always to the terms of our Privacy Policy
The Network of Local Government Practitioners
The Network of Local Government Practitioners is a search facility accessible by all Subscribers to search for peers, advisers and other practitioners in the local government community, based upon enhanced search criteria (the "Search Facility").
This Search Facility searches through the fields contained in Subscribers’, Network Members’ and Forum Users’ Records in the "My Profile" section of esd-toolkit, to produce one or more links to profiles of relevant Subscribers, Network Members or Forum Users.
For further information as to how personal information is used in relation to the Search Facility, and how you may opt-out of your personal information being included in it, please see paragraph 6 of the Privacy Policy.
Your use of the Search Facility shall at all times comply with this User Policy, and in particular is subject to strict adherence with the following rules:
Acceptable Uses - you will use the personal information and contact details obtained from the Search Facility ("Search Facility Data") only for the purpose of the provision of the relevant public sector services on behalf of your Subscribing Authority;
Sharing information - you will not sell, pass or otherwise make available any Search Facility Data to a third party outside your Subscribing Authority. You may share Search Facility Data with your colleagues in your Subscribing Authority, only where there is a reasonable need to do so (and for the purpose of the provision of a relevant public sector services by your Subscribing Authority), and provided that you ensure such colleagues are aware of these rules.
Communications - any communication you make with individuals found via the Search Facility ("Relevant Individuals") must clearly identify your name, your job title, your Subscribing Authority and your contact details. Communications must be kept to a minimum and must immediately cease if the individual(s) indicate they do not wish to be contacted;
Unlawfulness - your communications with Relevant Individuals must not be unlawful, illegal, fraudulent, offensive, threatening, abusive, harassing, tortuous, indecent, obscene, defamatory, invasive of another’s privacy, or discriminatory whether racially, ethnically, sexually, religiously or otherwise, or which may incite or instruct any person or organisation to undertake such activities.
Use of Language - your communications with Relevant Individuals must not contain language that is in any way unlawful, threatening or offensive. This includes the use of swear-words, bad language and offensive nicknames.
Breach of Confidence - your communications with, and your use of any communications received from, Relevant Individuals, must not in any way breach the confidence of any person.
Impersonation - you must not impersonate any person or identity, falsely state or otherwise misrepresent your affiliation with a person or organisation or disguise the origin of any content of such communication with a Relevant Individual.
Viruses - you must not send any communications to a Relevant Individual that might contain computer viruses or any other computer code, or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment.
Illegal and Harmful Activities - you must not send any communications to a Relevant Individual relating to (or including links to) pirated software (including computer games), counterfeit goods or any other material which is, or might reasonably considered to be, illegal or otherwise harmful.
Pornography - you must not send any communications to a Relevant Individual relating to (or including links to) any kind of pornography.
Personal Data - you must not send any communications to a Relevant Individual containing another person’s personal information (including their name, home address, job title, telephone number or other contact details) without first obtaining the relevant person’s consent.
Advertising - you must not send any communications to a Relevant Individual containing or including links to any overt advertisements or promotional materials, or otherwise use the Search Facility or such communications to overtly generate personal business.
Freedom of Information
Subscribing Authorities are subject to the provisions of the Freedom of Information Act 2000 (the "FOIA").
Any information on esd-toolkit held by us on behalf of a Subscribing Authority should be easily accessible by the Subscribing Authority via esd-toolkit. However we will co-operate with any reasonable requests for assistance.
Where we receive a request under the FOIA which includes any information that belongs to, or is confidential to, a Subscribing Authority, as we deem appropriate in accordance with the FOIA, we will refer such request is to the Subscribing Authority.
Discussions Forums
You agree to only access and use esd-toolkit’s Discussion Forums in accordance with the Discussion Forum Policy.
You acknowledge that all rights in copyright, patents, design rights, trade marks and other intellectual property rights (whether registered, capable of registration or otherwise) throughout the world, for the full duration of such rights ("IP Rights") in esd-toolkit (including in the Content) are owned by us or our licensors (as appropriate), which include Local Authorities and the Service Provider.
Except for your use of the Content in accordance with this User Policy, you are granted no IP Rights in respect of esd-toolkit.
You may print, copy or download the Content provided always that:
This permission is revocable by us at any time.
All trade marks, logos, titles, brand and product names ("our Trade Marks") which are featured in esd-toolkit are owned by us or our licensors (including Subscribing Authorities, other Local Authorities and the Service Provider).
You may only use or refer to our Trade Marks which are included in Content downloaded, copied or printed by you in accordance with this User Policy. Otherwise you must not offer or distribute any products or services under or by reference to our Trade Marks, or otherwise reproduce any of our Trade Marks without our express written consent.
In relation to any Content which you upload, you grant to us a non-exclusive royalty free licence (which includes the right to grant sub-licences) to include such Content on esd-toolkit so that it can be made available by us as part of esd-toolkit and be viewed and downloaded by Users and used and exploited as they see fit, subject to them respecting any reasonable legal notice which you may place on such Content.
IMPORTANT: Any Content or other information submitted to the Department for Communities and Local Government via esd-toolkit shall belong to the Crown, and may be used by the Department for Communities and Local Government as it sees fit in accordance with its statutory functions.
Links
esd-toolkit contains links to websites which are not under our control. These links are provided for your convenience only. We are not responsible for the availability or content of such other websites, nor for any products or services available from them. Any such link should not be seen as an endorsement of such websites, or any products or services contained on them.
You should be aware that your use of such other websites may be subject to additional terms and conditions imposed by the owners of those websites. Your dealings with such third parties are between you and the third party, and we accept no liability as a result of you accessing such websites or entering into contractual arrangements with the operator in question.
Modifications to this User Policy
This User Policy (including the Privacy Policy and Discussion Forum Policy) may be amended from time to time, and we therefore suggest that you review it periodically.
We do not limit our liability if you die or are injured as a result of our negligence or you suffer loss as a consequence of any fraud by us, and nothing in this User Policy should be read as making any such limitations.
You should note that since Content is provided not only by us but also by Subscribers we cannot and do not undertake to monitor every item of Content uploaded onto esd-toolkit and as a result:
IMPORTANT: Please note that you are solely responsible for any decisions you take based on the information contained in the Content.
On the basis that you are accessing esd-toolkit for business and commercial purposes, you agree that, unless we specifically state otherwise, we provide esd-toolkit to you without any conditions, warranties, or guarantees, whether express or implied, including but not limited to any implied warranties or conditions as to the satisfactory quality or fitness for a particular purpose, which are expressly excluded to the extent permitted by law.
Our liability
We shall not be liable to you in contract, tort (including negligence) or otherwise for:
and any other liability we may have to you whether in contract, tort (including negligence) or otherwise for any loss or damage suffered by you in relation to esd-toolkit and/or the Content is limited to either the amount which you (or your Subscribing Authority) paid as a Subscription Fee, or £500, whichever is the greater amount.
In any event we will not be liable for any failure to perform our obligations if we are prevented from doing so by an event beyond our reasonable control including (but not limited to):
IMPORTANT: You acknowledge that, on the basis that you are accessing esd-toolkit free of charge or alternatively on the basis of the amount of your (or your Subscribing Authority’s) Subscription Fee that the disclaimers and limits on our liability contained in this User Policy (in particular Paragraphs 16 Disclaimers and 17 Our Liability) are fair and reasonable.
We reserve the right to suspend or terminate your registration as a Registered User and/or your access to all or any parts of esd-toolkit without notice to you, if we reasonably believe you to have breached this User Policy.
You agree to indemnify us from and against any liability, loss, damage or expense caused to any person (including us, the Service Provider, any Subscribing Authority or any other User), to the extent such losses, damages and expense is caused by:
Again you acknowledge that this indemnity is appropriate and reasonable given that you are accessing esd-toolkit free of charge or alternatively given the level of your (or your Subscribing Authority’s) Subscription Fee.
IMPORTANT: Each Local Authority (whether a Subscribing Authority or not) shall be jointly and severally liable under this User Policy for the actions and omissions of its Registered Users (whether within the scope of their employment or otherwise) in relation to any use of esd-toolkit related to the said Local Authority’s purposes or business. In particular each Local Authority shall be responsible for all Content uploaded by its Registered Users, and for ensuring that such Content is only uploaded in accordance with this User Policy.
Otherwise you shall be solely liable for any other use you make of esd-toolkit.
Termination
We are entitled to revoke your status as a Network Member or Subscriber or otherwise limit your right of access to esd-toolkit at any time:
We are entitled to revoke any Local Authority’s status as a Subscribing Authority:
and upon termination all of its Subscribers shall automatically cease to be Subscribers.
Any Subscribing Authority is entitled to terminate its subscription as a Subscribing Authority:
although without prejudice to any of its other rights and remedies, in either case the Subscribing Authority shall not be entitled to any refund of the Subscription Fee.
General
Please note the following:
Contacting Us
You can contact us by sending an e-mail message to: esd-toolkit@idea.gov.uk.
Or by writing to us at:
IDeAYou can contact our Service Provider at:
Porism Limited