TERMS & CONDITIONS

BACKGROUND:

These Terms and Conditions of Sale set out the terms under which Paid Content, accessed via Subscriptions, is sold by Us to business customers through this website, www.datasupportagency.com (“Our Site”). Please read these Terms and Conditions of Sale carefully and ensure that you understand them before purchasing a Subscription. You will be required to read and accept these Terms and Conditions of Sale when ordering a Subscription. If you do not agree to comply with and be bound by these Terms and Conditions of Sale, you will not be able to purchase a Subscription and access Paid Content through Our Site. These Terms and Conditions of Sale, as well as any and all Contracts are in the English language only.

  1. Definitions and Interpretation
    1. In these Terms and Conditions of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” means a contract for the purchase of a Subscription to access Paid Content, as explained in Clause 6;
“Paid Content”

“Portal”

“Site”

means the digital content available to you in Our Portal as part of your subscription;

means the online environment on Our Site, accessible by you via secure login where you will have access to Paid Content and completed documents you want to upload and can be found at this URL: portal.datasupportagency.com;

means www.datasupportagency.com

“Subscription” means a subscription to Our Site providing access to Paid Content and Support Services for a minimum period of 12 [twelve] months from the date of your first payment;
“Subscription Confirmation”

“Support Services”

means Our acceptance and confirmation of your purchase of a Subscription;

means Our guidance on best practice provided to you over the phone, by email or live chat, and will be done in English;

“Subscription ID” means the identification number for your Subscription associated with your company account; and
“We/Us/Our” means The Data Support Agency Limited, a company registered in England under 10852961, whose registered address is 8 Elmwood, Chineham Park, Basingstoke, RG24 8WG and whose main trading address is 8 Elmwood, Chineham Park, Basingstoke, RG24 8WG.
  1. Information About Us
    1. Our Site, www.datasupportagency.com, is owned and operated by The Data Support Agency Limited, a limited company registered in England under 10852961, whose registered address is 8 Elmwood, Chineham Park, Basingstoke, RG24 8WG and whose main trading address is 8 Elmwood, Chineham Park, Basingstoke, RG24 8WG.
  1. Access to and Use of Our Site
    1. Access to Our Site is free of charge.
    2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
    3. Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
    4. Use of Our Site is subject to Our Website Terms of Use www.datasupportagency.com/terms-of-use/. Please ensure that you have read them carefully and that you understand them.
  1. Business Customers and Consumers
    1. These Terms and Conditions of Sale apply to business customers only. These Terms and Conditions of Sale do not apply to individual consumers purchasing Paid Content for personal use (that is, not in connection with, or for use in, their trade, business, craft, or profession).
    2. These Terms and Conditions of Sale constitute the entire agreement between Us and you with respect to your purchase of Subscriptions and Paid Content from Us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms and Conditions of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
  1. Subscriptions, Paid Content, Pricing and Availability
    1. Prices are quoted in Pounds Sterling. We may from time to time change Our prices. Changes in price will not affect any Subscription that you have already purchased but will apply to any subsequent renewal or new Subscription. We will inform you of any change in price at least 1 calendar month prior to your subscription renewal date.
    2. Your subscription will automatically renew at the prevailing rate at the end of your current Subscription unless you advise Us by email to support@datasupportagency.com, within the last three months of your Subscription, but no later than one month from the end of your Subscription, of your intention to cancel. We will acknowledge receipt of your notice to cancel by email within five working days from receipt of your notice to cancel.
    3. Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect your use of that Paid Content. However, if any change is made that would affect your use of the Paid Content, suitable information will be provided to you.
    4. Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it as provided to you before you purchased your Subscription to access the Paid Content. Please note that this does not prevent Us from enhancing the Paid Content, thereby going beyond the original description.
    5. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. Changes in price will not affect any order that you have already placed (please note sub-Clause 5.9 regarding VAT, however).
    6. All prices are checked by Us before We accept your order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your order, We will simply charge you the lower amount and continue processing your order. If the correct price is higher, We will give you the option to purchase the Subscription at the correct price or to cancel your order. We will not proceed with processing your order in this case until you respond. If We do not receive a response from you within 48 hours, We will treat your order as cancelled and notify you of this via your portal, email or in writing.
    7. If We discover an error in the price or description of your Subscription after your order is processed, We will inform you immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform you of such an error and you do wish to cancel the Contract, please refer to sub-Clause 11.
    8. If the price of a Subscription that you have ordered changes between your order being placed and Us processing that order and taking payment, you will be charged the price shown on Our Site at the time of placing your order.
    9. Prices on Our Site are shown exclusive of VAT. If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
  1. Orders – How Contracts Are Formed
    1. Our Site will guide you through the process of purchasing a Subscription. Before completing your purchase, you will be given the opportunity to review your order and amend it. Please ensure that you have checked your order carefully before submitting it.
    2. If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from you providing incorrect or incomplete information.
    3. No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you a Subscription Confirmation by email. Only once We have sent you a Subscription Confirmation will there be a legally binding Contract between Us and you.
    4. Subscription Confirmations shall contain the following information:
        1. Your Subscription ID;
        2. Confirmation of the Subscription ordered including full details of the main characteristics of the Subscription and Paid Content available as part of it;
        3. Fully itemised pricing for your Subscription including, where appropriate, taxes, and other additional charges; and
        4. The duration of your Subscription (including the start date, and the expiry date)
  2. Payment
    1. Payment for Subscriptions must be made by monthly direct debit in advance, on the same or closest next business day to that on which the first payment is processed per sub-clause 7.2. We will process your payment and send you a Subscription Confirmation each month by email, for the duration of your Subscription.
    2. You will be required to complete an online direct debit mandate in order to complete your order with Us. We will collect the first payment in about 5 business days following your order.
    3. Payments due must be made in full, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
    4. We currently accept the following methods of payment on Our Site:
        1. Automated Direct Debit, set up electronically using Our website.
    5. If you do not make any payment due to Us on time, We will suspend your access to the Portal. For more information, please refer to sub-Clause 8.5. If you do not make payment within 5 [five] working days of Our reminder, We may pass your file to a collection agency to collect all outstanding payments for the entire Subscription. Any outstanding sums due to Us will remain due and payable.
    6. If you believe that We have charged you an incorrect amount, please contact Us at support@datasupportagency.com as soon as reasonably possible to let Us know. We will log a ticket and get back to you within 2 working days.
  1. Provision of Portal access, Paid Content and Support Services
    1. Access to Our Portal, Paid Content and Support Services appropriate to your Subscription, will be available to you immediately upon completion of the online registration process and will continue to be available for the duration of your Subscription (including any renewals), or until the Contract is otherwise ended.
    2. There is no limit to the number of times you can download the Paid Content during your Subscription, provided that you use it as permitted by these Terms and Conditions of Sale.
    3. You have unlimited access to use Our Subscription Services. We do however apply a fair usage policy appropriate to your Subscription which can be found at www.datasupportagency.com/fair-use-policy/.
    4. You may use the ticketing function on the Portal to raise a query about GDPR or about the use of our Paid Content. We will send you confirmation of receipt of your enquiry, by email within twelve working hours and include a ticket number for your reference. We typically provide a suitable response within one working day, but in circumstances where a query is of a more complex nature, We may take more time to formulate a thorough response.
    5. In some limited circumstances, We may need to suspend access to the Portal and the provision of Paid Content (in full or in part) for one or more of the following reasons:
        1. To fix technical problems or to make necessary minor technical changes, as described above in sub-Clause 5.2;
        2. To update the Paid Content to comply with relevant changes in the law or other regulatory requirements, as described above in sub-Clause 5.2; or
        3. To make more significant changes to the Paid Content, as described above in sub-Clause 5.3.
    6. If We need to suspend availability of the Paid Content for any of the reasons set out in sub-Clause 8.5, We will inform you in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform you as soon as reasonably possible after suspension). You will continue to have access to Our Support Services during this time.
    7. We will suspend your access to the Portal if We do not receive payment on time from you. We will inform you of the non-payment on the due date, however if you do not make payment within 5 [five] working days of Our notice, We may pass your file to a collection agency to collect all outstanding payments for the entire Subscription.
  1. Licence
    1. When you purchase a Subscription to access Paid Content, We will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the relevant Paid Content for commercial purposes. The licence granted to you does not give you any rights in Our Paid Content (including any material that We may licence from third parties).
    2. The licence granted to you under sub-Clause 9.1 is subject to the following usage restrictions and/or permissions:
        1. You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’).
  1. Ending Your Subscription
    1. You may cancel your Subscription at any time, however you will be liable for all outstanding sums until the end of your Subscription. We cannot offer any refunds and you will continue to have access to the Paid Content and Support Services for the remainder of your current Subscription, whereupon the Contract will end.
    2. If you wish to exercise your right to cancel under this Clause 10, you may inform Us of your cancellation in any of the following ways:
        1. Telephone: 0345 646 0066;
        2. Email: support@datasupportagency.com;
        3. Post: 8 Elmwood, Chineham Business Park, Basingstoke, RG24 8WG; and

In each case, providing Us with your name, company name, company address, email address, telephone number, and Subscription ID. We will acknowledge receipt of your request to cancel your subscription within 5 business days from receiving it.

      1. We may ask you why you have chosen to cancel and may use any answers you provide to improve Our content and services, however please note that you are under no obligation to provide any details if you do not wish to.
  1. Ending or changing the Contract Because of Something We Have Done (or Will Do)
    1. Should We make changes to, or intend to make changes to your Subscription or the Paid Content (as described in sub-Clauses 5.1 or 5.4), or to these Terms and Conditions of Sale, We will give you the choice to accept them or continue as if these changes never came into effect.
    2. If We have suspended availability of the Paid Content for more than 90 business days, or We have informed you that We are going to suspend availability for more than 90 business days, as described in sub-Clause 8.5, you may end the Contract by giving Us notice of your intention to do so per sub-clause 11.5.
    3. If availability of the Paid Content will be significantly delayed because of events outside of Our control, you may end the Contract by giving Us notice of your intention to do so per sub-clause 11.5. If you end the Contract for this reason, We will issue you with a pro-rated refund, calculated by multiplying thirty percent of the Subscription (converted to a monthly proportion) by the number of full months for which the Paid Content was unavailable, provided that payment under your Subscription is up to date.
    4. You also have a legal right to end the Contract at any time if We are in breach of it. You may also be entitled to a full or partial refund.
    5. If you wish to exercise your right to cancel under this Clause 11, you may inform Us of your cancellation in any of the following ways:
        1. Telephone: 0345 646 0066;
        2. Email: support@datasupportagency.com;
        3. Post: 8 Elmwood, Chineham Business Park, Basingstoke, RG24 8WG; and

In each case, providing Us with your name, company name, company address, email address, telephone number, and Subscription ID. We will acknowledge receipt of your request to cancel your subscription within 5 business days from receiving it. Your Subscription will terminate on the day before your next payment due, following Our cancellation acknowledgement.

      1. We may ask you why you have chosen to cancel and may use any answers you provide to improve Our content and services, however please note that you are under no obligation to provide any details if you do not wish to.
      2. We reserve the right to cancel your subscription at any time due to your inappropriate behaviour or actions such as verbally abusing Our staff. We will inform you of Our intention to terminate your contract as well as the termination date which will be the day before your next payment falls due. You will not be entitled to a refund and We reserve the right to continue to deliver Support Services to you until the termination date.
      3. Refunds under this Clause 11 will be issued to you as soon as possible, and in any event within 60 business days of the day on which you inform Us that you wish to cancel.
      4. Refunds under this Clause 11 will be made using the same payment method that you used when purchasing your Subscription.
  1. Our Liability
    1. Subject to sub-Clause 12.3, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.
    2. Subject to sub-Clause 12.3, Our total liability to you for all other losses arising out of, or in connection with, any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to a maximum of thirty percent of the total sums paid to date, by you under the contract in question.
    3. Nothing in these Terms and Conditions of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.
  1. Events Outside of Our Control (Force Majeure)
    1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
    2. If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions of Sale:
        1. We will inform you as soon as is reasonably possible;
        2. We will take all reasonable steps to minimise the delay;
        3. To the extent that We cannot minimise the delay, Our affected obligations under these Terms and Conditions of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
        4. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Paid Content as necessary;
        5. If the event outside of Our control continues for more than 90 (ninety) working days We may cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 30 (thirty) working days of the date on which the Contract is cancelled and will be made using the same payment method that you used when ordering your Subscription, as per sub-clause 11.3
        6. If an event outside of Our control occurs and continues for more than 90 (ninety) working days and you wish to cancel the Contract as a result, you may inform Us of your cancellation in any of the following ways:
            1. Telephone: 0345 646 0066;
            2. Email: support@datasupportagency.com;
            3. Post: 8 Elmwood, Chineham Business Park, Basingstoke, RG24 8WG; and

In each case, providing Us with your name, company name, company address, email address, telephone number, and Subscription ID. We will acknowledge receipt of your request to cancel your subscription within 5 business days from receiving it.

Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 30 (thirty) working days of the date on which the Contract is cancelled and will be made using the same payment method that you used when ordering your Subscription.

  1. Communication and Contact Details
    1. If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 0345 646 0066, by email at support@datasupportagency.com, or by post at 8 Elmwood, Chineham Business Park, Basingstoke, RG24 8WG.
    2. For matters relating the Paid Content or your Subscription, please contact Us by telephone at 0345 646 0066, by email at support@datasupportagency.com, or by post at 8 Elmwood, Chineham Business Park, Basingstoke, RG24 8WG.
    3. For matters relating to cancellations, please contact Us by telephone at 0345 646 0066, by email at support@datasupportagency.com, by post at 8 Elmwood, Chineham Business Park, Basingstoke, RG24 8WG, or refer to the relevant Clauses above.
  1. Non-solicitation
    1. During the term of this Agreement and for six months after its expiration or termination, neither party will solicit any employee of the other party for the purposes of offering employment. The provision of this clause shall not apply in respect of general recruitment campaigns by either party run during the normal course of their business
  1. How We Use Your Personal Information (Data Protection)
    1. All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act as well as the General Data Protection Regulation (GDPR) which is in force from 25 May 2018 and their subsequent updates.
    2. We may use your personal information to:
        1. Provide Subscriptions and Paid Content to you;
        2. Process your payment; and
        3. Inform you of new products and/or services available from Us (if you opt, or have previously opted to receive it). You may change your preferences at any time in the Account section on the Portal.
    3. We will not pass on your personal information to any third parties, without first obtaining your express permission.
  1. Other Important Terms
    1. We may transfer (assign) Our obligations and rights under these Terms and Conditions of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions of Sale will not be affected and Our obligations under these Terms and Conditions of Sale will be transferred to the third party who will remain bound by them.
    2. You may not transfer (assign) your obligations and rights under these Terms and Conditions of Sale (and under the Contract, as applicable).
    3. The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions of Sale.
    4. If any of the provisions of these Terms and Conditions of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions of Sale. The remainder of these Terms and Conditions of Sale shall be valid and enforceable.
    5. No failure or delay by Us in exercising any of Our rights under these Terms and Conditions of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions of Sale means that We will waive any subsequent breach of the same or any other provision.
  1. Law and Jurisdiction
    1. These Terms and Conditions of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
    2. Any disputes concerning these Terms and Conditions of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

 

The Data Support Agency Ltd. Terms and Conditions of Sale

Last Updated: 02/07/2018

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