Terms of service.
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Updated: 18 December 2024
Thanks for visiting Studio Sonder. These are our terms and conditions, which apply to your use of the services (including the content, digital products, platform, app or third-party social media pages/groups, and consultancy and other services) and constitute a legally binding agreement between you and us. If you continue using the services, you confirm that you are the age of majority and accept these T&Cs.
IF YOU DON’T AGREE TO THE TERMS, YOU MUST DISCONTINUE USE OF THE SERVICES & PLATFORM
CONSUMER? PLEASE SEE YOUR IMPORTANT RIGHTS AT THE END OF THIS DOCUMENT.
CONTACT US: E: da@sonderscript.com Platform/website: https://studiosondercreative.com/ ; https://sonderscript.com/ ; https://studio-sonder.kit.com/
(1) SUMMARY
1.1. We are SONDER SCRIPT LIMITED (trading as Studio Sonder and Sonder Script), a limited company registered in England & Wales (number 14791252), registered office address Unit 14/15 Hall Farm, Sywell Aerodrome, Sywell, Northamptonshire, NN6 0BN, UK (‘we’, ‘our’ and ‘us). VAT no. : 451 3312 32.
1.2. You are the person or the person on behalf of an entity (‘you’, ‘your’ and ‘yours’) using the services.
1.3. In the agreement: ‘services’ means, any or all of the platform, services provided or the deliverables; ‘platform’ means our platform, website, app or third-party social media pages/groups, made available or supplied by us; ‘deliverables’ means the content and digital products, including recordings and resources and consultancy and other services made available or supplied by us; ‘agreed’ means agreed in writing by the parties; ‘writing/written’ includes email; ‘consent’ means prior written consent; ‘team’ means a party’s directors, officers, contractors, subcontractors, consultants and employees; and ‘/’ means and/or.
1.4. Agreement. The agreement (‘agreement’) between you and us (the parties) for the provision of services is made up of ‘the terms’, including the following (as applicable) in order of priority:
(i) services specification and terms set out via email, order forms, statements of work or on the platform at the point of sign-up or check-out, which refer to these terms; and (ii) these T&Cs (‘these terms’).
1.5. Services. We provide the services on a non-exclusive basis, as follows:
(a) Community membership: access to the community via the platform (or parts of it) on a paid plan.
(b) Free services: e.g. deliverables or parts of the platform we may make available to you entirely at our sole discretion, either as part of or separate to community membership (these are extras and bonuses and not a contractual commitment; access to any services on “lifetime access” are an example of this).
(c) Paid consultancy services agreed from time to time(e.g. consultancy calls, sessions or projects).
(d) Any other services agreed from time to time.
1.6. Community membership plan (a) The monthly plan is a rolling monthly commitment (either party may cancel any time with written notice, and you have access until the end of the month in which notice is served.) (b) If you choose an annual plan (1 year minimum term), it will automatically become a rolling monthly plan after the year ends, unless either party cancels in writing before the end of the year. (c) Plans may be subject to a minimum term and we may offer a cooling off period. (c) Unless otherwise agreed, each plan grants one authorised user access to the services.
1.7. Cooling off period. As a businesses or consumer, at any time within 14 calendar days of entering into the agreement with us (i.e. signing up), you have the right to change your mind (for any reason), cancel the agreement and receive a refund for any charges paid less the charges reasonably and actually incurred us by in providing the services up until cancellation. To do so, please let us know no later than 14 calendar days (as applicable) after the day we confirm we have agreed to provide services. You cannot cancel once we have completed the services, even if any cooling off period is running.
1.8. (a) You can place an order to purchase services via the platform by following the onscreen prompts and instructions provided. If we accept your order, we’ll confirm in writing. Placing an order may require you to register a user account. You may only submit an order using the method set out on the platform or notified to you. Each order is an offer by you to purchase the services subject to the terms. (b) After you place your order, you may receive an email from us acknowledging that we’ve received it. Please note that this does not mean that your order is accepted. (c) Our acceptance of your order takes place when we send you an order confirmation email to accept it or when we deliver the services. (d) Alternatively, the parties can agree services in principle from time to time in order forms or statements of work or, where agreed, via email; and if we agree to provide those services, both parties shall execute them or, where applicable, mutually agree them via email.
1.9. Updates to the terms. We may amend the terms from time to time as per clause 12 (‘Variation’).
1.10. Security. You agree to do your best to prevent unauthorised access/use of the services and safeguard login credentials, and you accept responsibility for all activities on your account.
1.11. Acceptance. If you access/use the platform, purchase services, or instruct us to provide services, you agree to the terms.
(2) PAYMENT
2.1. Charges. (a) You agree to pay us the applicable charges for the services as quoted to you in writing (‘charges’). (b) Charges for services are due and payable as follows, unless otherwise agreed: (i) in full in advance at the point of purchase or upon confirmation by us that we can provide the services you request, or periodically in advance during your plan, as applicable; and (ii) plan charges are due and payable in advance before we provide access to the services. (c) We’ll bill/invoice you accordingly.
2.2. Sessions/time allocations. Any sessions or time retained or allocated to you for services that remain unused don’t carry over or accumulate, and constitute chargeable services provided.
2.3. How to pay. Direct debit or credit card payments via Stripe or other similar payment processors permitted by us, and you authorise us/our third party payment processors to charge your payment method (an up-to-date, valid, accepted, authorised method of payment) for the charges on or after the due dates.
2.4. Billing. If required by us at any time, you agree to promptly provide up-to-date, accurate and complete billing information and one or more payment method.
2.5. Taxes. Charges quoted exclude VAT, which you agree to pay to us at the prevailing rate (if applicable). We are not presently registered for VAT but may be in future. When we are, VAT will be added to charges.
2.6. Interest is charged to you on overdue sums from the due date until payment, whether before or after judgment, which will be 10% a year (accruing daily) above the Bank of England's prevailing base rate, but at 10% a year for any period when that base rate is below 0%.
(3) TERM AND TERMINATION
3.1. Commencement. The terms first take effect and become legally binding on the earlier of the following dates, as applicable (the ‘effective date’): (a) the date you first pay for the services or access/use the platform/services; (b) the date both parties execute the agreement; or (c) another effective date expressly agreed.
3.2. Duration. (a) Unless otherwise agreed or set out in clause 1 in the case of plans, and except in the case of clause 3.2.b, the terms remain in effect and the agreement continues until either party provides the other 30 days’ notice in writing to end it. However, the earliest the agreement can end is after any agreed fixed term or minimum term. (b) If we provide free access to the services after the minimum/fixed term, we have the right to stop providing those services or access to the platform or end the agreement (as applicable) immediately with written notice at any time for any reason (for convenience). (c) Nothing in the terms shall restrict our termination or suspension rights under clause 3.3 which has priority.
3.3. We have the right to end the agreement or licence(s) we may grant you, disable your account, or suspend the services or access to the platform, immediately (without affecting our legal rights/remedies):
(a) by giving written notice to you, if: (i) you materially (seriously) breach the terms and this cannot be resolved, or if it can be and you don’t do so within 7 days of our request; (ii) you don’t pay us an amount we’re owed for 7 days or more after the payment due date; (iii) you repeatedly breach the terms; (iv) you stop or threaten to stop all or a substantial part of your business, or become insolvent; (v) you die, become incapable of managing your own affairs, or are petitioned for bankruptcy; (vi) any promise, statement or assurance given by you in the agreement or our course of dealings is found to be untrue or fraudulent; (vii) you commit a crime; (viii) you undergo a change of control.
(b) without notice to you, if: (i) you materially breach clause 4 (‘Intellectual Property’); or (ii) in our reasonable opinion, you act in an illegal, inappropriate, bullying, harassing, aggressive or intimidatory way towards us, any of our team, or any other person using the services; (iii) if you do not pay the applicable charges for your first event/session before the event/session starts.
(c) When the agreement ends, for any reason, you agree to: (i) promptly pay our outstanding unpaid charges, and any interest and pre-agreed expenses; (ii) immediately stop using/accessing the services (except where the licence allow you to keep using the deliverables); (iii) promptly return our property (except where the licence allow you to keep using the deliverables); and (iv) upon our request, promptly return anything containing our confidential information, and erase it from your systems.
(d) Termination or expiry of the agreement does not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry.
(4) INTELLECTUAL PROPERTY
4.1. Ownership of IP. We and our licensors shall retain ownership of all intellectual property rights in the platform or any deliverables that form part of the services, including patents, copyright, trademarks and service marks, business names, rights in designs, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered globally.
4.2. Licence. (a) Subject to clause 4.3 and 4.4, and subject to your payment of the charges in full for the services and ongoing adherence to the terms and licence, we grant you the following licence (‘licence’) unless otherwise agreed: a revocable, non-exclusive, non-transferable, non-sublicensable licence for your personal or educational or internal business purposes: (i) to access the parts of the platform and deliverables made available to you; and (ii) to use the deliverables provided to you; in each case for the term of the agreement, or after termination, if we allow you to and until we notify you to stop doing so in writing.
4.3. Assignment. Subject to clause 4.4, in relation to consultancy deliverables (namely deliverables that form part of consultancy services where you engage us for specific agreed and paid-for services and deliverables that are separate to the deliverables made available or supplied by us as part of your plan or on a free basis), once you pay the applicable charges in full for those consultancy services: we assign them to you, with full title guarantee and, so far as we are aware, free from all third party rights, all intellectual property rights in the consultancy deliverables only.
4.4. Restrictions.
(a) You shall not (i) licence or offer for sale or otherwise commercialise or transfer the deliverables (including the consultancy deliverables) or platform or any part of it/them without our consent.
(b) Pre-existing work: the following elements incorporated into any deliverables provided to you remain our property: the works, concepts, strategies, ideas, items, data and materials or anything else either developed or procured to be developed by us or our team at any time for use in relation to our business or any or all of our customers or clients generally, and not specifically for the provision of the services to you. We hereby grant you (and if those elements shall include any third-party materials, shall provide commercially reasonable assistance to procure the grant from these third parties) the following licence to use those elements as part of the deliverables, if you pay our charges in full: a non-exclusive, non-transferable, non-sublicensable licence, for personal or internal business purposes, for the term of the agreement, or after termination if we allow you to and until we notify you to stop doing so in writing.
(c) Third party T&Cs and licences may apply to elements of the services/deliverables, which may differ from those of the licences we grant you, and you may need to accept them to access/use those elements.
4.5. The licences you grant us. (a) You grant us a fully paid-up, worldwide, non-exclusive, royalty-free, non-transferable licence to use, copy and modify the data and materials you provide to us for the term of the agreement for the purpose of providing the services to you. (b) You grant us permission to use your testimonials and name, image, business name/logo and trade mark to announce/promote that you are/were our client, customer, subscriber or member; and you may stop this with 90 days’ written notice.
(c) User content licence. Except in the case of the exceptions below, and unless otherwise agreed, when you upload or post content to the platform, or supply it to us for podcasts or other audio-visual or written publications, productions or recordings, including recorded or photographed sessions or events you attend, and related marketing materials, of any kind, whether you or us are the organiser, host, featured guest or attendee, or otherwise, you grant us the following rights to use that content: a worldwide, non-exclusive, fully paid-up, royalty-free, transferable, sub-licensable licence to use, copy, modify, reproduce, distribute, prepare derivative works of, display, publish and perform that content, in connection with our business and services, anywhere, including across different media, including to promote our business and services (‘user content licence’).
(d) Exceptions to the user content licence. (i) We will only share recordings of group sessions with your consent, and you provide consent for us to record and share recordings of group sessions with other members of the applicable programme, group, membership or community only. (ii) We will only record and share recordings of 1:1 sessions with your consent.
(e) Termination. You can end the user content licence (clause 4.5.c) with 90 days’ written notice.
4.6. Intellectual property warranty. You confirm that our and our team’s use of your materials and data shall not infringe the rights, including any intellectual property rights, of any third party.
4.7. The provisions of this clause 4 shall survive termination or expiry of the agreement for any reason.
(5) LIMITATION OF LIABILITY, INDEMNITY AND DISCLAIMERS
5.1. Limitation of liability. (a) References to liability in this clause 5 include every kind of liability arising under or in connection with the agreement, for example liability in contract, tort (including negligence), misrepresentation, restitution, breach of statutory duty, or otherwise. (b) We don’t exclude or limit our liability to you where it would be unlawful to do so, e.g. liability for death or personal injury caused by negligence; fraud or fraudulent misrepresentation.
5.2. Cap on liability. Except in the case of those exceptions, our total aggregate liability to you arising under or in connection with the agreement will be limited to the greater of the following: £25; or 100% of the charges paid and payable under the agreement for the services that gave rise to the claim during the 12 months immediately preceding the date on which the claim arose.
5.3. Exclusions. (1) To the fullest extent permitted by law, and excluding those exceptions, the following types of loss arising out of or in connection with the agreement are wholly excluded by us: (i) loss of profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of use or corruption of software, data or information; (v) loss of or damage to reputation or goodwill; (vi) indirect or consequential loss; (vii) loss of anticipated savings and (viii) loss arising as a result of our complying with our legal and regulatory duties. (2) The following types of loss and specific losses are not excluded: sums paid by you to us under the terms in respect of the services, including any deliverables or consultancy deliverables, not provided in accordance with the terms; wasted expenditure; and the additional costs of procuring and implementing replacements for, or alternatives to, the services, including any deliverables or consultancy deliverables not provided in accordance with the terms.
5.4. Indemnity. (a) You shall indemnify us and our affiliates and licensors against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred or paid by us arising out of or in connection with: (i) any claim brought against us or our team for infringement of a third party's rights (including any intellectual property rights) arising out of, or in connection with, our receipt or use of your materials or your/your team’s data in accordance with the agreement; and (ii) your/your team’s breach of clause 4 (‘Intellectual Property’) or violation of applicable law. (b) This clause 5.4 still applies after the agreement ends.
5.5. DISCLAIMERS. Provisions in this clause 5.5 apply to the fullest extent permitted by law.
(a) The platform and content are provided “as is” and “as available”. We and our affiliates and licensors exclude all conditions, warranties and representations (express, implied or otherwise) with respect to the platform and content, and disclaim all warranties including but not limited to warranties of fitness for purpose and satisfactory quality. We don’t warrant that the platform or content will always be available, uninterrupted, accurate or error-free.
(b) We may update and change the platform or any content or digital products and resources on it (including adding and removing them) from time to time for any reason, without notice to you.
(c) The platform and content provided to you for informational purposes only. While we endeavour to keep content in the platform up-to-date, and while it has been obtained from sources believed to be reliable, we don’t make any representation, warranty (express, implied or otherwise) or guarantee as to the completeness, accuracy, timeliness or suitability of any part of the platform or that it is free from error or omission. Multimedia content published on the platform or anywhere does not constitute legal, financial or tax advice, or any other form of professional advice, and is not a substitute for such advice. Any reliance you place on such information is strictly at your own risk.
(d) Third party providers. We may provide options of or hyperlinks to third party providers and their products and services that may be relevant to your needs. Their products and services are provided subject to their own fees, terms, conditions, licences and policies. We make no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to them. Engagements with them are between you and them. We’re not a party to any interactions or contracts between you both. They have sole discretion on whether to work with any person or not.
(e) Participation. To enhance your probability of achieving the results you want from the relevant services, you’ll need to participate fully. It is up to you to take what you learn and make things happen, and everyone’s circumstances (and consequently, their results) may vary.
(f) No guarantee. We can’t guarantee any results or outcome in relation to the services.
(g) Opportunities. The platform, including its associated social media groups, is primarily designed to provide general information. Occasionally, we or users may share links or content related to opportunities. The platform does not endorse, vet, or assume responsibility for the accuracy, legality, or legitimacy of any content related to opportunities posted or outcomes from any person’s engagement in those opportunities. Users should conduct their own thorough due diligence before engaging in any opportunities. The platform and its administrators are not liable for any loss, damages, or adverse outcomes resulting from interactions with content users share.
(6) YOUR RESPONSIBILITIES
6.1 To enable us to provide the services (as applicable), you agree to:
(a) provide, in a timely manner, accurate and complete information, materials, data and instructions that we request from time to time (‘client materials’); and (b) obtain and maintain all necessary/required licences, permissions and consents.
6.2 Managing delays.
(a) If our ability to perform the services is prevented or delayed by you or your team defaulting on any obligation listed in clause 6.1: (i) we will be entitled to suspend our performance of the relevant services until you’re able to resolve things, and to rely on such to relieve us from the performance of those services; and (ii) we shall not be liable for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention, delay or suspension, and we shall be entitled to payment of applicable charges and any pre-agreed third party costs and expenses regardless.
6.3. General restrictions. You shall not: (a) except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under the agreement: (i) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the platform in any form or media or by any means; or (ii) attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the platform; (b) access all or any part of the platform in order to build a product or service which competes with the services; (c) use the platform to provide services to third parties, unless agreed; (d) licence, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit the platform; (e) make the platform available to any third party except the authorised users; or (f) attempt to obtain, or assist third parties in obtaining, access to the platform.
6.4. YOUR PARTICIPATION ON THE PLATFORM
(a) Publishing and participation (contribution). If applicable, whenever you use, publish or share content, via the services, or engage other users of the services, you must comply with this clause 6.4 (participation terms).
(b) You warrant that any such contribution complies with the participation terms, and you will be liable to us and indemnify us for the failure of your contribution to comply with the participation terms. This means you will be responsible for any loss or damage we suffer as a result of this.. Any contribution you upload to the platform or send us to publish to the platform will be considered non-confidential, non-privileged and non-proprietary. You are solely responsible for securing and backing up your content. You retain all of your ownership rights in your content.
(c) Personal use, and prohibition on distribution. Content on the platform is for your personal, non-commercial use only, and may not be distributed without our consent.
(d) User-generated content isn't verified or approved by us, and those users’ views may not reflect ours.
(e) We are not responsible for viruses and you must not introduce them. We don’t guarantee that the platform will be secure or free from bugs or viruses. Use protective software. Don’t misuse the platform. Don’t attack or seek to gain unauthorised access to the platform, systems, computers, databases or servers. Doing so is illegal.
(f) Affiliate links, introductions and commissions. We may reference the products and services of third party providers or connect and introduce you to them, in some cases in return for a commission payable by those third parties. We don’t charge you in relation to this but we may pay the affiliate a small fee if you purchase anything via such link.
(g) Prohibited uses. You may not do anything that in any way that breaches any applicable local, national or international law or regulations; or send, knowingly receive, upload, download, use or re-use any material which does not comply with the participation terms.
(h) Interactive services. We may from time to time provide interactive services, including, without limitation: streaming and live virtual events; 1-to-1 and group video calls; video-sharing facilities; chat rooms; bulletin boards; forums; communities or groups or any other interactive service and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of the participation terms, whether the service is moderated or not.
(i) Links and third parties. Any content that contains hyperlinks to or mention of any third party provider or products or services is not an endorsement by us of those persons, their products or services or views, or the accuracy or suitability thereof. We are not responsible for their materials, content, information or otherwise.
(j) No text or data mining, or web scraping. You shall not unlawfully conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the platform or any services provided via, or in relation to, the platform. This includes using (or permitting, authorising or attempting the use of): any “robot”, “bot”, “spider”, “scraper”, artificial intelligence or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the platform or any data, content, information, products or services accessed via the same.
(k) Breach of the participation terms. When we consider that a breach of the participation terms has occurred, we may take such action as we deem appropriate. Breach of the participation terms constitutes a material breach of the terms, and we reserve the right to suspend your account or restrict your access to the platform immediately without notice in the event of such a breach or terminate your agreement with us.
(7) DATA PROTECTION. You and us agree to comply with the relevant obligations under applicable data protection laws when processing personal data in connection with the agreement. We’ll process your personal information in accordance with our privacy notice/policy available on our website or by request.
(8) EVENTS OUTSIDE OUR CONTROL (FORCE MAJEURE). If anything beyond our reasonable control occurs that prevents or delays our duties under the terms, we're not responsible. If something like this does happen, we'll let you know, and our responsibilities will be paused for its duration. If the disruption lasts more than 60 days, either party can cancel the agreement immediately with written notice, and you agree to pay the agreed charges and expenses or costs we've incurred up to the date of cancellation.
(9) ASSIGNMENT AND OTHER DEALINGS. (1) The agreement is personal to you, and you shall not assign, transfer, subcontract, delegate or deal in any other manner with any of your rights and obligations under the agreement, without our consent. (2) We may do any of those things at any time, without notice or your consent, and we may novate the agreement (to transfer all our rights and obligations under it) at any time to any person with written notice. (3) If we use subcontractors to perform the services instead of us, they shall be suitably qualified/skilled, and we shall remain responsible for all their acts and omissions.
(10) CONFIDENTIALITY. (1) Confidential Information means: all information disclosed by one party to the other, whether orally, in writing, or in any other way, at any time, which is either marked as confidential or which the other party, acting reasonably, should understand, from its nature should be treated as confidential. (2) Each party (Recipient) undertakes to the other party (the Disclosing Party) to treat as confidential all Confidential Information. (3) The Recipient may only use the Confidential Information for the purposes of this agreement and/or for the purposes of exploring a further contractual arrangement or agreement between the parties. (4) The Recipient may provide its team and professional advisers (Permitted Users) with access to the Confidential Information on a strict "need to know" basis only. The Recipient shall ensure that each of its Permitted Users is bound to hold all Confidential Information in confidence to the standard required hereunder. The Recipient shall remain liable for any disclosures of the Confidential Information made by its Permitted Users as though the Recipient had made such disclosures itself. (5) This clause 10 shall not apply to any information which: enters the public domain other than as a result of a breach of this clause; was in possession of the receiving party prior to disclosure by the other party; is received from a third party which is under no confidentiality obligation in respect of that information (so far as the Recipient is aware); is independently developed by the Recipient without use of the Disclosing Party's Confidential Information; the Disclosing Party has authorised in writing in advance of such disclosure. (6) Each Permitted User may disclose Confidential Information where that Permitted User is required to do so by law or by any competent regulatory authority. In these circumstances the Recipient shall give the Disclosing Party prompt advance written notice of the disclosure (where lawful and practical to do so) so that the Disclosing Party has sufficient opportunity (where possible) to prevent or control the manner of disclosure by appropriate legal means. (7) This clause 10 shall remain in full force and effect notwithstanding any termination of this agreement.
(11) ENTIRE AGREEMENT. The agreement constitutes the entire agreement between us and supersedes and extinguishes all previous and contemporaneous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
(12) VARIATION. No variation of the agreement by you has any effect unless it is agreed. We may amend the terms from time to time and updates are effective immediately upon written notice to you by email. If any update materially adversely affects your rights and obligations, those changes will be effective no sooner than 30 days after we notify you. Your continued use of the services means you agree to such changes.
(13) WAIVER. If a party chooses not to enforce a right or use a remedy, it must clearly state this in writing, which doesn't mean they give up any rights or remedies. Not immediately using a right or remedy doesn't mean it's waived. Using a right or remedy partially or once doesn't stop its future use or effect.
(14) SEVERANCE. If any provision or part-provision of the agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If that’s not possible, the relevant provision or part-provision shall be deemed deleted. Any such modification or deletion shall not affect the validity and enforceability of the rest of the agreement.
(15) COMMUNICATION AND NOTICES. Any communication between you and us relating to the agreement must be in writing, using the latest contact details provided. Notices are considered received when signed for in person, two business days (in England) after mailing, or on email transmission.
(16) THIRD PARTY RIGHTS. Unless it expressly states otherwise, the agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the agreement. The rights of the parties to rescind or vary the agreement are not subject to the consent of any third party.
(17) COUNTERPARTS. If we require the agreement to be signed, it may be executed in counterparts, together constituting one agreement, including via email or by ink or digital/electronic signatures.
(18) NO PARTNERSHIP. The agreement is not intended to (nor shall it be deemed to) establish any partnership or joint venture between you and us, constitute any party the agent of the other, or authorise either party to make or enter into any commitments for or on behalf of the other.
(19) SURVIVAL. Every provision of the agreement that expressly or by implication is intended to, shall come into or continue in force on or after its termination or expiry.
(20) GOVERNING LAW AND JURISDICTION. The agreement and any related dispute or claim will be governed by and construed according to the laws of England and Wales. Both parties irrevocably agree that only the courts of England and Wales have the authority to settle any dispute or claim.
YOUR CONSUMER RIGHTS
(a) You have rights if something is wrong with the services if you are a consumer. If you think there is something wrong with the service you have received, please contact us. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website (citizensadvice.org.uk) or call the consumer helpline on 0808 223 1133. Resources: (i) If you're unhappy about a service provided. (ii) Cancelling a service you’ve arranged. (iii) Getting a refund.
(b) Summary of your key legal rights under The Consumer Rights Act 2015. If the service provided does not meet the standard of reasonable care and skill, you have the right to request a redo or correction of the service, or a partial refund if it cannot be corrected. If a price is not agreed in advance, the charge for the service should be a reasonable amount. The service should be completed within a reasonable timeframe if no specific time was agreed initially.
(c) 14-day cooling off period. As a consumer, at any time within 14 days of entering into the agreement with us, you have the right to change your mind (for any reason), cancel the agreement and receive a refund for any charges paid less the charges reasonably and actually incurred us by in providing the services up until cancellation, as follows. To do so, you must let us know, using any method of communication, no later than 14 days after the day we confirm we have agreed to provide services.
You cannot cancel once you have started to download or stream any of the services or once we have completed them, even if any cooling off period is still running.
LIMITATION OF LIABILITY
We’re not responsible for all losses that may be caused by us or our services. We’re only responsible for losses you suffer that are caused by us breaking the agreement, unless they are:
Unexpected. It was not obvious that it would happen and nothing you said to us before we agree to provide services meant we should have expected it (so, in the law, the loss was unforeseeable).
Caused by a delaying event outside our control. As long as we have taken the steps set out in the ‘We’re not responsible for delays outside our control’ section below.
Avoidable. Something you could have avoided by taking reasonable action, including by providing complete and accurate information to us as requested, or following our guidance/instructions.
A business loss. It relates to your use of our services for the purposes of a trade, business, craft or profession.
We don’t exclude or limit our liability to you where it would be unlawful, e.g. these exceptions: liability for death or personal injury caused by negligence; fraud or fraudulent misrepresentation. Except in the case of those exceptions, as far as lawfully possible, our total liability to you arising under or in connection with the agreement will be limited to the charges paid by you, and the following types of loss arising out of or in connection with the agreement are entirely excluded by us: loss arising as a result of our complying with our legal and regulatory duties.
We’re not responsible for delays outside our control. If the provision of services is delayed by an event outside our control, we’ll contact you as soon as possible to let you know and do what we reasonably can to reduce the delay. If we do this, we won’t need to compensate you for the delay, but if the delay is likely to be substantial you or us can end the agreement and you’ll receive a refund for any services that you paid for in advance, but did not receive, less reasonable costs we have already incurred.
You have several options for resolving disputes with us. We will do our best to resolve any problems you have with us or our services. Please contact us if you wish to make a complaint. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you would like to explore this, please let us know. In any event, if you're not satisfied with the outcome you can still go to court.
REFUNDS FOR CONSUMERS. We do not offer full or partial refunds, except: (i) in the case of the cooling off period applicable to consumers; (ii) if we’re required to by law.
JURISDICTION. If you are a consumer, you and us have the right to bring a claim in the country you reside should you or we choose to do so.