Terms and Conditions
Definitions
“Conditions” means these terms and conditions
“We/Us/Our” means Field Training Services Ltd (Co. No. 03907716) whose registered address is at The Financial Management Centre The Meads Business Centre, 19 Kingsmead, Farnborough, England, GU14 7SR.
“Services” means the provision of health and safety advice and health and safety documentation for use by Your business
“Subscribing” means entering into a Subscription Agreement with Us
“Subscription Agreement” means the agreement entered into between You and Us for the provision of Services
“You/Your” means the persons entering into a Subscription Agreement pursuant to these Conditions
Application
These Conditions apply to any paid or trial Subscription Agreement between You and Us. By Subscribing to the Services You agree to be bound by these Conditions.
We reserve the right to change these Conditions including any changes to pricing. We will give three months’ notice of any changes to You where such changes will result in a material reduction in the availability, benefits and features of the Services. In all other circumstances, We will give notice (which may be immediate notice) before the changes take effect. You understand and agree that Your use of the Services after the date on which the Agreement has changed will be treated as acceptance of the updated Agreement.
Availability
We aim to update the Services regularly and the content may change at any time. We will use Our reasonable efforts to keep the Services available to You but may suspend or terminate access to the Services. We will not be liable if for any reason the Services are unavailable at any time or for any period.
Whilst we take steps to ensure our Services are as secure as possible We cannot guarantee that the Services will be fault-free or free from viruses or other malicious code and We do not accept liability in the event that Your computers, software or data are damaged.
Subscription Fees
Subscription fees shall be as set out in Our offer to You which is accepted by You when a Subscription Agreement is formed.
All Subscription fees shall be subject to VAT where applicable which shall be payable by You.
Subscription fees are payable on such dates as set out in the offer made by Us. In the event of non-payment We reserve the right:
- To cancel Your Subscription with immediate effect and We shall not be liable for any losses or damage arising
- To charge interest at 8% per annum until payment is made
- Exercise a lien over any documents produced using Our Services and which are held in Our software.
Term of Subscription
We may but are not obliged to offer a free trial of the Services. A free trial entitles You to use such limited Services as shall be agreed for the period notified to You. Unless You cancel Your Subscription during the trial period then after Your free trial ends You will enter into a full paid Subscription Agreement and You will be charged the monthly fee as notified to You in the offer.
Our full paid Subscription Agreements are subject to a 12 month minimum term (‘Initial Period’). Your Subscription cannot be cancelled within this Initial Period. Thereafter Your Subscription will continue until cancelled on giving Us 90 calendar days’ notice.
Use of Services
The Subscription Agreement is and shall at all times remain with You and We shall have no liability to any third parties who seek to use the Services and who are not a party to the Subscription Agreement. You shall indemnify Us accordingly for any claims that may be brought by any third parties who have accessed the Services with Your consent.
You warrant that You will not use the Services for any purpose that is unlawful or prohibited by these Conditions.
You must not use the Services in any manner which could damage, disrupt, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services.
You must not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
You must not attempt to gain unauthorised access to the Services or accounts registered to others.
You must not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Services using any method not expressly permitted by Us.
Intellectual Property
All forms, templates and other content supplied as part of the Services are and shall remain protected by Copyright and all other intellectual property rights and shall remain vested in Us. Whilst Your Subscription is current You shall be granted a non-exclusive perpetual licence:
- a) to use any of the forms, templates and other content supplied as part of the Services for Your own business purposes; and
- b) only for the purposes of supporting the permitted use, to reproduce, print and make back-up copies on any computer system.
You may not distribute the forms, templates and other content supplied as part of the Services to third parties for sale or resale (or free of charge) whether as part of a package or as a separate product.
If You require Us to add Your logo or branding to documents created as part of the Services You grant Us a non-exclusive perpetual licence to use Your logo or trade mark (whether registered or otherwise) for this purpose.
Security of account information
During the creation process of Your account which will access the Services (“the Account”), You will be required to select a password (“Login Information”). There shall be only one person allocated to one such Account and You shall not share the Account or the Login Information, nor let anyone else access Your Account or do anything else that might jeopardise the security of Your Account.
In the event You become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorised disclosure of the Login Information, You must immediately notify Us and modify Your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and You will be responsible for all uses of the Login Information, including purchases, whether or not authorised by You. You are responsible for anything that happens through Your Account.
Data protection
You shall at all times remain the data controller for the purposes of applicable data protection and privacy legislation including in particular the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679). Our Data Processing Agreement at https://fieldtrainingservices.co.uk/privacy-policy/ is expressly incorporated into these Conditions.
You agree that We may use Your name and logo in Our marketing unless expressly agreed otherwise.
Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between You and Us as a result of these Conditions or Your use of the Services.
If any part of these Conditions is determined to be invalid or unenforceable under any applicable law, including, but not limited to, the warranty disclaimers and liability limitations set out above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Conditions will continue in effect.
Unless otherwise specified, these Conditions together with Our offer to You constitutes the entire agreement between You and Us with respect to the Services and supersede all prior communications and proposals, whether electronic, oral or written, between You and Us with respect to the Services.
You must not assign or otherwise transfer the Conditions, or any right granted under them, without Our written consent. We can freely transfer Our rights under the Conditions.
Any failure by Us to enforce or exercise any provision of the Conditions, or any related right, will not be a waiver of that provision or right.
Any rights not expressly granted in these Conditions are reserved.
Applicable Law and Jurisdiction
These Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction.