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Terms & Conditions

F-EFFECT LTD

TERMS AND CONDITIONS FOR SUBSCRIPTIONS

Last updated September 2022

WHERE TO FIND INFORMATION ABOUT US AND OUR GATEWAYS

You can find everything you need to know about us, F-Effect Ltd, and the content available through our Gateways on our website before you subscribe to receive our content. We also confirm the key information to you by email when we receive your subscription.

BUSINESS AND CONSUMER CUSTOMERS 

These terms provide different rights depending on whether you are business customer or a consumer. Where a term applies just to businesses or just to consumers, this is clearly stated. 

If you are a business customer these terms form the entire agreement between us in relation to our contract with you. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

WHEN YOU BUY A SUBSCRIPTION FROM US YOU ARE AGREEING:

  1. How we confirm your order
  2. We are not responsible for delays outside our control
  3. Consumers have a right to cancel before accessing or streaming our Content
  4. Arrangements for payments and automatic renewal of your subscription
  5. You can end an on-going subscription
  6. What to do if there is something wrong with the provision of our Content
  7. We own the rights in our content
  8. We can change content and these terms
  9. We can suspend the supply of Content
  10. We can withdraw Content
  11. We can end our contract with you
  12. Our liability if you are a consumer
  13. Our liability if you are a business
  14. We use your personal data as set out in our Privacy Notice
  15. You have several options for resolving disputes with us
  16. Other important terms applying to our contract

HOW WE CONFIRM YOUR ORDER

We will email you to confirm we have received your order to subscribe.

If for any reason we are not able to accept an order for subscription, we let you know as soon as possible and refund any sums you have paid.

WE ARE NOT RESPONSIBLE FOR DELAYS OUTSIDE OUR CONTROL

If our supply of our content to you is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we will not compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team by emailing our customer service team at info@fe.viewyoursites.com or telephoning them on +44207 584 4815 to end your subscription and receive a refund for any of our content you have paid for in advance, but not received.

CONSUMERS HAVE A RIGHT TO CANCEL BEFORE ACCESSING OR STREAMING OUR CONTENT

Consumers have a legal right to cancel before accessing or streaming our content. If you are a consumer, unless you have waived the right in order to be provided immediately with access to our content, you have 14 days after the date we confirm your order for subscription to change your mind about a subscription. You lose this right if you start to access or stream our content. If you change your mind you can cancel your subscription through the website here. We will refund you as soon as possible and within 14 days of you telling us you have changed your mind. We refund you by the method you used for payment. We do not charge a fee for the refund.

ARRANGEMENTS FOR PAYMENTS AND AUTOMATIC RENEWAL OF YOUR SUBSCRIPTION

When you subscribe to receive content through one of our gateways you will need to provide us with valid, up-to-date and complete credit or debit card details to allow us to take payment for the content for the next 30 days. When you have paid you will be entitled to access the content for which you have subscribed for the next 30 days which is the minimum duration of the contract. 

At the end of the 30 days, unless you have cancelled your subscription beforehand, the subscription will automatically renew and while your subscription is on-going, you are authorising us to take the payment amount for the gateway chosen each subsequent month on the date on which you first subscribed using these credit card details. If, other than as a result of our fault, we are unable to process payment we may disable access to our content so that you will no longer be able to receive it.

YOU CAN END AN ON-GOING SUBSCRIPTION

You can end your subscription for our content at any time through our website here or if you have any difficulties or questions about ending your subscription by this means, please contact our Customer Service Team by emailing info@fe.viewyoursites.com.

WHAT TO DO IF THERE IS SOMETHING WRONG WITH THE PROVISION OF OUR CONTENT

If you think there is something wrong with the provision of our Content, please contact our Customer Service Team by emailing them at info@fe.viewyoursites.com or telephoning them on +44207 584 4815 so we can try to sort the issue. 

If you are a business, we warrant that on being made available to you our content shall be in material respects as described and of satisfactory quality. if there is something wrong with the provision of our Content and you notify us within a reasonable period, we shall, at our option, repair or replace the defective content, or refund the price of the content in full and this will be your only remedy for breach of this warranty.

WE OWN THE RIGHTS IN OUR CONTENT

You acknowledge and agree that we own the intellectual property rights in the content provided through our gateways. This content is protected by copyright and may only be used by you as provided in our Website Terms of Use [LINK TO WEBSITE TERMS OF USE] which form part of our contract with you and which you agree to accept.

WE CAN CHANGE CONTENT AND THESE TERMS

We can change our content and terms:

  • to reflect changes in the law or regulatory requirements;
  • to make minor technical adjustments and improvements, for example to address a security threat. These changes are unlikely to affect your use of the Content; and
  • to update digital or improve the content, provided that the changes are not inconsistent with the description of the content that we provided to you before you bought it. If we do this, we might ask you to install updates.

If we propose to make any other material changes to the content or these terms, we will notify you in advance so that if you do not approve the change you can end your subscription before the change takes place and receive a refund for any content you have paid for in advance, but not received.

WE CAN SUSPEND THE SUPPLY OF CONTENT 

We can suspend the supply of our content to:

  • deal with technical problems or make minor technical changes;
  • update the product to reflect changes in the law or regulatory requirements; and
  • to make changes to the product.

Unless the problem is urgent or an emergency, we will contact you in advance to tell you if we are suspending the availability of content. If we suspend for longer than three days in any month we adjust the price so you do not pay for it while it is suspended. If we suspend availability, or tell you we are going to suspend availability, for more than three days you can contact our Customer Service Team by emailing them at info@fe.viewyoursites.com or telephoning them on +44207 584 4815 to end the subscription and we will refund any sums you have paid in advance for content you will not receive.

WE CAN WITHDRAW CONTENT 

We can stop providing content through a gateway. If possible for us to do so, we let you know at least two months in advance and in any event we will refund any sums you have paid in advance for content which will not be provided.

WE CAN END OUR CONTRACT WITH YOU

We can end our contract with you for a subscription and claim any compensation due to us if:

  • you do not make any payment to us when it is due and you still do not make payment within 7 days of our reminding you that payment is due; or
  • you do not, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the content.

OUR LIABILITY IF YOU ARE A CONSUMER

If you are a consumer, we are not responsible for losses you suffer caused by us breaking this contract if the loss is:

  • Unexpected, meaning that it was not obvious that it would happen and nothing you told us before we accepted your order for subscription meant that we should have expected it so the loss was unforeseeable.
  • Caused by a delaying event outside our control, provided that we have taken reasonable steps to avoid or minimise the delay.
  • Avoidable, meaning something you could have avoided by taking reasonable action, for example, damage to your own digital content or device, which was caused by content we supplied but which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or by having the minimum system requirements advised by us.
  • A business loss, meaning that the loss relates to your use of our content for the purposes of your trade, business, craft or profession.

OUR LIABILITY IF YOU ARE A BUSINESS

If you are a business, then, except in respect of the losses described in “Losses we never limit or exclude”:

  • we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
  • our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the greater of £2,500 and five hundred per cent (500%) of the total sums paid by you for products under such contract.

Except as expressly provided in these terms, all terms implied under statute which relate to the quality, description or fitness for purpose of content provided to you are excluded to the fullest extent permitted by law.

Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:

  • death or personal injury caused by our negligence, or the negligence of our employees, agents or sub-contractors;
  • fraud or fraudulent misrepresentation; or
  • any matter in respect of which it would be unlawful for us to exclude or restrict liability.

WE USE YOUR PERSONAL DATA AS SET OUT IN OUR PRIVACY NOTICE

How we use any personal data you give us is set out in our Privacy Notice: Privacy Policy.

YOU HAVE SEVERAL OPTIONS FOR RESOLVING DISPUTES WITH US

Our complaints procedure. Our Customer Service Team who can be contacted by email at info@fe.viewyoursites.com or telephone on +44207 584 4815 will do their best to resolve any problems you have with us or our content.

Resolving disputes without going to court. If you a consumer, alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it by mediation, without you having to go to court. If you are not satisfied with the outcome you can still go to court.

You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.

OTHER IMPORTANT TERMS APPLY TO OUR CONTRACT

You are responsible for ensuring that the equipment you propose to use to access or stream our content meets the technical requirements notified by us. These requirements are set out in [NAME OF PAGE WHERE COMPATIBILITY AND TECHNICAL REQUIREMENTS TO BE ABLE TO ACCESS CONTENT ARE SET OUT AS A LINK TO THE SAME]

We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We will tell you in writing if this happens and if you are a consumer we will ensure that the transfer will not affect your rights under the contract. If you are a consumer and you are unhappy with the transfer you can contact our Customer Service Team who can be contacted by email at info@fe.viewyoursites.com or telephone on +44207 584 4815 to end the contract and we will refund you any payments you have made in advance for content not provided.

You can only transfer your contract with us to someone else if we agree to this. If you are a consumer we may not agree if we have reasonable concerns about the proposed transfer. If you are a business you need our agreement to transfer your contract with us and it is entirely up to us whether we give it.

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. Even If we do not immediately take any action if you break the term of this contract, this does not mean that we are not able to enforce the contract terms later.

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