Terms & Conditions for Subscription Services
These terms and conditions apply to those who subscribe to our advice and guidance packages.
1. Minimum term & contract renewal
2. Subscription services are subject to a minimum term of at least 36 months.
3. After expiry of the minimum term you may terminate the service by providing no less than 6 months’ written notice. Otherwise your subscription will continue indefinitely until the expiry of any served notice period thereafter.
4. Where a Customer contracts with the Company for a service contract period of greater than 12 months, the agreed duration of the contract will form the minimum term, with automatic continuation of service thereafter until expiry of the notice period.
5. Subscription service fees
6. Subscription fees are payable either via direct debit installments monthly in advance or one-off payment annually in advance
7. In the event that any fees or charges whatsoever are due to TRADING SAFELY LTD, or your subscription fee has been incorrectly calculated then you agree to settle any invoice for additional or unpaid subscription fees rendered by TRADING SAFELY LTD via direct debit collection over the remaining installment plan during the course of the subscription year or one-off payment in full.
8. If you wish to move up to a higher service level at any point in time a revised invoice will be issued to reflect the upgraded service option from the date of upgrade. Any additional subscription fees due will be reflected either within your instalment plan over the remainder of the subscription year, or in the case of annual fee payers, a further required additional payment. You will also be required to commit for a further minimum term of 12 months from the date of upgrade.
9. The right to access services commences upon successful collection of the initial and subsequent direct debit payments or, where applicable, annual payment in advance.
10. After your minimum term, if you wish to reduce your service option then you will be required to give six months’ notice of this and your Subscription fee will be recalculated accordingly from the date that your service entitlement is reduced. You will also be required to commit for a further minimum term of 12 months from the date of downgrade.
11. Where a direct debit collection is returned as unsuccessful, through no fault of Trading Safely Ltd, Trading Safely Ltd reserve the right to hold off on commencement of work until such time that payment is received in full, either through electronic payment or reinstated direct debit collection. Trading Safely Ltd reserves the right to charge an administration fee of £15 for each returned direct debit.
13. Your service contract may be terminated by either party at any time by providing no less than six months’ notice in writing, for any reason, following expiry of the initial minimum term of 36 months (or such longer minimum term as may be agreed).
14. TRADING SAFELY LTD shall be entitled to terminate your service contract immediately in the event that you fail to make payment of any subscription or other fees which are due and payable or if you are otherwise in material breach of these terms and conditions.
15. Intellectual Property and Confidentiality
16. All intellectual property rights of any nature (including copyright) created or provided by TRADING SAFELY LTD or its employees or Associates shall be and remain the property of TRADING SAFELY LTD and any such materials shall be licensed to you for your internal use only.
17. You undertake to keep all Publications materials created by TRADING SAFELY LTD confidential and not to copy, publish or distribute any such information, materials or documents to any third party without TRADING SAFELY LTD’s prior written consent (save where such information is in the public domain or you are required to disclose such information by law).
18. Each party agrees with the other not to divulge or allow to be divulged any confidential information relating to the other’s business or affairs other than to its employees or subcontractors who need to know such information or where the other party has consented to such disclosure.
20. Each of the parties warrants its power to enter into this agreement and has obtained all necessary approvals to do so.
21. TRADING SAFELY LTD and the customer are independent of each other and nothing in these terms shall be taken as creating a relationship of agent to principal, employer to employee, partnership or joint venture between TRADING SAFELY LTD any other party. Neither party shall be entitled to enter into agreements or other arrangements on behalf of the other.
22. Neither party shall be liable to the other or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of their obligations in relation to these terms, if the delay or failure was due to any cause beyond their reasonable control such as severe weather, a natural disaster, strikes, governmental action, terrorism, war and civil unrest.
23. These terms, together with the contract represent the entire agreement between the parties and supersede any previous representations or agreements whether recorded in writing or otherwise (save in the event of fraud or fraudulent misrepresentation).
24. The parties agree that these terms are fair and reasonable in all the circumstances. However if any provision of these terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect.
25. Both parties agree that these terms shall not be enforceable by any person who is not party to this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.
26. By providing personal data relating to your employees or agents to us, you confirm that you are entitled to disclose that data to us under the terms of the Data Protection Act 1998 and related legislation and that we are entitled to process such data for the purposes of providing your contracted Services.
27. Either party may give any notice to the other by sending it by post addressed to their registered address or by sending it to such electronic communications address as may be notified to the other from time to time.
28. These terms will be governed and construed according to the laws of England and Wales.