Terms and Conditions - Digital
Office Address: 131 Coleshill Rd, Atherstone CV9 2AG
General Terms and Conditions
Usage policy for the use of digital products & services including Ebooks terms and conditions
Website Use - Community Guidelines.
Terms and Conditions for the use of Membership, Website & Hosting purchase / Digital Products / Marketing Services
If you purchase a digital product or use the AM Communications website ("the Website") for the ordering of these products you agree to be bound by these terms and conditions ("Terms").
1. Definitions In these terms and conditions, "we" and "us" means AM Communications . "You" refers to the purchaser of the service as stated on the Order Form (defined below). This could be an individual sole trader or an employee of an organisation, in which case such person will be using the Website on behalf of his/her employer.
2. Supply of Products
These terms and conditions apply to the access of the Website and/or the supply of digital subscription, products, website design, hosting, server maintenance, custom software, marketing services and other materials supplied or made available by us to you ("Products") and to the number of your users based at the location as stated by you ("Location") and ("Users") on the order form supplied by us and completed by you at the time of registration ("Order Form"). By submitting the Order Form and using the Website and purchasing the Products you accept these Terms and warrant that you are authorised to purchase the Products on behalf of the organisation.
Users will be subject to the Usage Terms.
No contract for the provision of Products shall exist until we accept the completed Order Form, and you commence downloading the Products from the Website using the Password.
Where you receive access to any material for free (that is materials not expressly covered by the Order Form), no obligation to continue to supply is accepted by us. We reserve the right to withdraw or change at any time such free material without notice.
3. Subscription and Password or IP Range
Upon receipt of the Order Form with all information requested ("Registration Information"), we will send you notification of our acceptance or rejection of your request as set out in the Order Form.
Your subscription will be for a period of [one year] and will automatically renew for additional periods of [one year], unless another period is specified in the Order Form ("Subscription Period"). If you wish to cancel your subscription, you must notify us at least [one month] prior to the end of the then current Subscription Period. At the end of each Subscription Period we will notify you of the following Subscription Period charges and upon receiving your payment of such charges, your subscription will automatically renew. If you do not make payment on the required date, we may withdraw access to the Website and/or the Products.
Upon our acceptance of the Order Form and receipt of your subscription payment, we will either:
Issue you and other registered users as appropriate, with a secure username(s) password(s), which Users will require to access the Website and the Products ("Passwords"). Note that although certain parts of the Website are available without the use of the Password, the Passwords will always be required to access, download and use the Products in this instance; or
Notify you that the IP range specified in the Order Form has been activated. In this instance Users will be required to accept the Usage Terms prior to accessing the Products.
The Password(s) is/are personal to each User and is/are based on the number of Users and the Location (if applicable) as stated on the Order Form. Only Users are authorised to access the Website using the Password(s) provided, and download and/or use the Products.
An authorised User is expressly forbidden from using their access rights on behalf of non-users. Their access rights are strictly limited to their own use.
You must notify us of any changes to the Registration Information, including without limitation if the number of Users or the Location changes. Failure to notify us may result in cancellation of the Password(s) or withdrawal of access by the IP Range, with the effect that access to the Products and certain parts of the Website will be withdrawn without further notice.
You are responsible for all use or mis-use of the Products, any unauthorised access or downloading of the Products and any information posted on the Website by Users or anyone using the Password. You are responsible for any payments due for Products accessed through the Website by anyone using the Password and/or the IP Range. Any breach of security of Password and/or the IP Range must be notified to us immediately.
All Passwords are confidential and may not be disclosed by Users to any party for any reason whatsoever. You agree to ensure that Users comply with this obligation.
4. Price and Payment
The price payable for access to the Products via the Website shall be the price specified in our then current price list, less any discounts agreed in advance in writing by us. The price shall be payable on the dates set out in the Order Form.
Any additional enhancements or updates made available relating to the Products will be subject to a further charge.
You will pay the price for the Subscription Period in advance, within 30 days of receipt of an invoice from us. You shall also pay all applicable taxes related to charges made for the use of the Products at the same time. All prices are not inclusive of VAT which shall be payable by you at the applicable rate. The description and price of the Products will be confirmed in the Order Form and/or the invoice.
If you fail to pay us within the time stipulated above, we will withdraw access to the service until such time as payment is made.
5. Intellectual Property
The copyright and all other intellectual property rights in the Products and in material contained in the Website, together with the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to AM Communications, its subsidiaries or the providers of such information. All rights are reserved. AM Communications. Other product and company names mentioned on this Website may be owned by their respective owners. All rights in the search software are owned by AM Communications and are licensed to us for use in the Website. You and any Users are prohibited from modifying the software, copying the software or using the software in any manner that infringes the intellectual property or other rights of another party. The software is licensed to you and any Users on an as is basis without any warranty of any nature.
You (and any User) are granted a non-exclusive, non-transferable, limited licence to access, electronically display and print out the Products and to use the Products for internal business and non-commercial use by the number of Users specified in the Order Form.
Except as set out in these Terms, you (and any User) are prohibited from accessing, downloading, storing, reproducing, transmitting, displaying, printing, copying, distributing, or using any Products retrieved from the Website. You will not and will ensure that Users do not remove or obscure the copyright notice or other notices contained in the Products retrieved from the Website.
Other provisions that govern your use of the Products are set out in the Order Form, or the online descriptions of files, online notices and individual documents retrieved ("Additional Terms"), all of which are incorporated by reference into these Terms.
We warrant that AM Communications has the right and authority to make the Products available for use on the Website pursuant to these Terms.
Save as expressly set out in these Terms, to the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on the Website or contained in the Products. We do not guarantee that the Website or the Products will be fault or error free and do not accept liability for any errors or omissions.
Due to the nature of electronic transmission of data over the internet, any liability we may have for any losses or claims arising from an inability to access the Website, or from any use of the Website or reliance on the data transmitted using the Website, is excluded to the fullest extent permissible by law. In no event shall we be liable for any direct or indirect loss, consequential loss and/or loss of profit (whether direct or indirect), data, revenue, business opportunity, anticipated savings, goodwill or reputation, whether in contract, tort or otherwise arising out of or in connection with these Terms, the Products or use or access of the Website, save where such liability cannot be excluded by law.
We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology.
We do not monitor, verify or endorse information submitted by third parties for posting on the Website and you should be aware that such information may be inaccurate, incomplete or out of date.
7. Data Protection and Privacy
In addition to the other rights to cancel your access to the Website and/or the Products under these Terms, we may terminate your access to the Website and the Products on giving 5 days' written notice to you in the event that:
You or any User breaches any of these Terms and fails to remedy such breach within the notice period set out above;
You or any User infringes any of our (or our licensors') intellectual property rights in the Website, its content and/or the Products;
You make any voluntary arrangement with your creditors or become subject to an administration order or (being an individual or firm) become bankrupt or go into liquidation (otherwise than for the purpose of a solvent amalgamation or reconstruction); an encumbrancer takes possession, or a receiver is appointed, over any of the property or assets or you cease, or threaten to cease, to carry on business
If this agreement is terminated, then, without prejudice to any other right or remedy available to us, we shall be entitled to cancel any order or suspend any further access by you to the Website without liability to us, and if the Products have been delivered or made available on the Website to you but not paid for, the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of these Terms for any reason.
9. Access to the Website and Content
The information provided by us on the Website is not in any way an invitation or recommendation to buy any products or services featured and you should seek appropriate independent advice.
We will endeavour to allow uninterrupted access to the Website, but access to the Website may be suspended, restricted or terminated at any time.
We reserve the right to change, modify, substitute or remove without notice any information on the Website from time to time.
We assume no responsibility for the contents of any other websites to which the Website has links.
If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
We may modify these terms and conditions at any time by publishing the modified terms and conditions on the Website. Any modifications shall take effect 3 days after posting on the Website.
The General Terms and Conditions shall be deemed to form part of these terms and conditions but where there is a conflict between these terms and conditions and the General Terms and Conditions, these terms and condition shall prevail.
11. Governing Law
These terms and conditions shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts.