Terms and Conditions

TERMS AND CONDITIONS FOR SUBSCRIPTION SERVICES

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply our subscription services (Subscription Services) listed on our website at bizenko.com (our site). Please read these terms and conditions carefully before ordering any Subscription Services from our site. You should understand that by ordering any of our Subscription Services, you agree to be bound by these terms and conditions.

 

You should print a copy of these Terms and Conditions for future reference.

Please tick the box marked ‘I accept the Terms and Conditions’ on the sign-up form to confirm you have read and accepted these Terms and Conditions. Please understand that if you refuse to accept these Terms and Conditions, you will not be able to order any Subscription Services from our site.

 

 

1. Your status

By placing an order for our Subscription Services through our site, you  warrant that: (a) You acknowledge and agree to our Privacy Policy,  Acceptable Use and Acceptance of Bizenko Rules which apply to any use  of our site, including the Subscription Services; and (b) You are legally  capable of entering into binding contracts.

 

2. How the contract is formed

2.1 You will be required to complete an application to subscribe to  Bizenko Subscription Services. At that stage, you will be required to  complete your contact and relevant personal details, make payment  and click your acceptance to these terms and conditions.

2.2 All subscriptions are subject to acceptance by us. We will send you  an e-mail that confirms acceptance of your subscription application  (the Subscription Confirmation). The contract between us (Contract)  will only be formed when we send you the Subscription Confirmation.

2.3 The Contract will relate only to those Subscription Services where  acceptance has been confirmed in the Subscription Confirmation.  Where you have signed up for Subscription Services you will receive  a confirmation email from us at least one month before your renewal  date.

2.4 The initial subscription charges are payable at the time of  submission of your subscription application. Thereafter, the subscription charges are due and payable upon renewal.

2.5 Our contact details are below and also on our ‘Contact Us’ page. If  you do not renew by the renewal date your access to the  Subscription Services will terminate.

2.6 Any correspondence relating to your subscription will be sent to the  address which you provided to us to correspond with. If this contact  address changes, it is your responsibility to inform us to enable us to  keep our records up-to-date.

 

3. Cancellation rights

3.1 Subject to clause 3.2, you may cancel a subscription Contract  within seven working days of the day after you receive the  Subscription Confirmation. In this case, you will receive a full  refund of the price paid for the Subscription Services in accordance  with our refunds policy (set out in clause 6 below). details of this  statutory right, and an explanation of how to exercise it, are provided  in the Subscription confirmation. This provision does not affect your  statutory rights.

3.2 If you have started to access and use the Subscription Services, your  subscription cannot be cancelled and the rights provided in clause  3.1 do not apply.

3.3 Upon cancellation of any Contract or failure to pay any invoice  issued in respect of the Subscription Services by its due date you  have  a legal obligation to stop using the Subscription Services  immediately and we can withhold your access rights. If you fail to  comply with this obligation, we may have a right of action against  you  for compensation.

 

4.Ownership

4.1 Bizenko Limited is the owner (and/or licensee) of all intellectual  property rights subsisting in the Subscription Services and the  contents of our site, which you are licensed to use only in accordance  with our Acceptable Use, Privacy Policy, Acceptance of Bizenko Rules  and these Terms and Conditions.

 

 

 

 

 

5.Subscription Charges and payment

5.1 Our Subscription Services are subject to the payment of subscription  charges and subject also to acceptance of your subscription  application.

5.2 Your subscription for Subscription Services will only commence once  we have received full payment of all sums due for such Subscription  Services.

5.3 The price of any Subscription Services will be as quoted on our site  from time to time, except in cases of obvious error. These prices  include VAT.

5.4 Prices are liable to change at any time, but changes will not affect  applications for subscription where we have already sent you a  Subscription Confirmation.

5.5 We will verify prices as part of our Subscription Confirmation.

5.6 Payment for all Subscription Services must be by payment methods  prescribed on our site. We will charge your credit or debit card upon  receipt of your application.

6. Our refunds policy

6.1 If you have cancelled the subscription Contract between us within the  seven-day cooling-off period (see clause 3) and you have not accessed  or started using the Subscription Services, we will process the refund  due to you if you have paid for the relevant Subscription Services as  soon as possible and, in any case, within 30 days of the day on which  you give us notice of your cancellation. No refunds are due in any other  circumstances.

6.2 We will usually refund any money received from you using the same  method originally used by you to pay for your purchase.

7. Our liability

7.1 Our liability for losses you suffer as a result of us breaching these  Terms and Conditions is strictly limited to the charges you have paid (if  any) for the Subscription Services. This does not include or limit in any  way our liability: For death or personal injury caused by our  negligence; For fraud or fraudulent misrepresentation; or for any matter  for which it would be illegal for us to exclude, or attempt to exclude,  our liability.

7.2 We are not responsible for indirect losses which happen as a side  effect of the main loss or damage and even if such losses result from a  deliberate breach of these Terms and Conditions by us that would  entitle you to terminate the Contract between us, including but not  limited to: (a) loss of income or revenue; (b) loss of business; (c) loss  of profits or contracts; (d) loss of anticipated savings; (e) loss of data,  or (f) waste of management or office time, however arising and whether caused by tort (including negligence), breach of contract or otherwise.

7.3 Whilst we use our best endeavours to ensure that the Subscription  Services are available 24 hours a day, seven days a week, we will not  be liable if for any reason the Subscription Services are temporarily  unavailable at any time.

8. Overseas subscribers

8.1 If you order Subscription Services from our site for use outside the UK,  please also note that you must comply with all applicable laws and  regulations of the country in which the Subscription Services are used.  We will not be liable for any breach by you of any such laws.

9. Written communications

9.1 Applicable laws require that some of the information or  communications we send to you should be in writing. When using our  site, you accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by  posting notices on our website. For contractual purposes, you agree to  this electronic means of communication and you acknowledge that all  contracts, notices, information and other communications that we  provide to you electronically comply with any legal requirement that  such communications be in writing. This condition does not affect your statutory rights.

10. Notices

10.1 All notices given by you to us must be given to Bizenko Limited at  contact@bizenko.com or at Old Vicarage House, Bramham,  Yorkshire, LS23 6QG. We may give notice to you at either the e-mail  or postal address you provide to us when making your application for  Subscription Services. Notice will be deemed received and properly  served immediately when posted on our website, 24 hours after an e- mail is sent, or three days after the date of posting of any letter. In  proving the service of any notice, it will be sufficient to prove, in the  case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was  sent to the specified e-mail address of the addressee.

11. Transfer of rights and obligations

11.1 The Contract between you and us is binding on you and us and on our  respective successors and assigns. You may not transfer, assign,  charge or otherwise dispose of a Contract, or any of your rights or  obligations arising under it, without our prior written consent. For the  avoidance of doubt, you are not permitted to sell on or transfer the  benefit of your Subscription Services to third parties. We may transfer,  assign, charge, sub-contract or otherwise dispose of a Contract, or any  of our rights or obligations arising under it, at any time during the term  of the Contract.

12. Events outside our control

12.1 We will not be liable or responsible for any failure to perform, or delay  in performance of, any of our obligations under a Contract that is  caused by events outside our reasonable control (Force Majeure  Event). A Force Majeure Event includes any act, event, non-happening,  omission or accident beyond our reasonable control and includes in  particular (without limitation) the following: (a) Strikes, lock-outs or  other industrial action. (b)Civil commotion, riot, invasion, terrorist attack  or threat of terrorist attack, war (whether declared or not) or threat or  preparation for war. (c) Fire, explosion, storm, flood, earthquake,  subsidence, epidemic or other natural disaster. (d) Impossibility of the  use of railways, shipping, aircraft, motor transport or other means of  public or private transport. (e) Impossibility of the use of public or  private telecommunications networks, computer virus or other hostile  computer attack. (f) The acts, decrees, legislation, regulations or  restrictions of any government.

12.2 Our performance under any Contract is deemed to be suspended for  the period that the Force Majeure Event continues, and we will have an  extension of time for performance for the duration of that period. We  will use our reasonable endeavours to bring the Force Majeure Event to  a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

13. Waiver

13.1 If we fail, at any time during the term of a Contract, to insist upon strict  performance of any of your obligations under the Contract or any of  these terms and conditions, or if we fail to exercise any of the rights or  remedies to which we are entitled under the Contract, this shall not  constitute a waiver of such rights or remedies and shall not relieve you  from compliance with such obligations. No waiver by us of any of these  terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

14. Severability

14.1 If any of these terms or any provisions of a Contract are determined by  any competent authority to be invalid, unlawful or unenforceable to any  extent, such term, condition or provision will to that extent be severed  from the remaining terms, conditions and provisions which will continue  to be valid to the fullest extent permitted by law.

15. Entire agreement

15.1 These terms and conditions and any document expressly referred to in  them represent the entire agreement between us in relation to the  subject matter of any Contract and supersede any prior agreement,  understanding or arrangement between us, whether oral or in writing.  We each acknowledge that, in entering into a Contract, neither of us  has relied on any representation, undertaking or promise given by the  other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these  terms and conditions.

16. Our right to vary these Terms and Conditions

16.1 We have the right to revise and amend these Terms and Conditions,  from time to time.You will be subject to the Terms and Conditions in  force when you apply for our Subscription Services, unless any change  to our policies (Privacy Policy, Acceptable Use and Acceptance of  Bizenko Rules) or these Terms and Conditions is required to be made  by law or governmental authority or if we notify you of the change to  those policies or these Terms and Conditions before we send you the  Subscription Confirmation in which case we have the right to assume  that you have accepted the change to the Terms and Conditions and  policies, unless you notify us to the contrary within seven working days  of receipt by you of the Subscription Confirmation.

17. Law and jurisdiction

17.1 Contracts for the purchase of Subscription Services through our site  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) will be governed by and construed in accordance with English  law, and the English Courts shall have exclusive jurisdiction, although  we retain the right to bring proceedings against you for breach of these  Terms and Conditions in your country of residence or any other relevant country.

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