These terms and conditions apply to all subscriptions that you purchase using this website (“Site”). A subscription will allow you to access and use features and functionality on the Site that are not available to other users. Please read these terms and conditions carefully before ordering any subscriptions. You should print a copy of these terms and conditions for future reference.
1. INFOMATION ABOUT US
We are Interbase UK Limited and we operate the Site. We are registered in England and Wales under company number 02894310 and have our registered office at Northcliffe House, 2 Derry Street, London W8 5TT. Our VAT number is GB 243 571 174.
2. YOUR STATUS
You warrant that you are at least 18 years old and are legally capable of entering into binding contracts.
3. HOW THE CONTRACT IS FORMED BETWEEN US
To order a subscription, you will be asked to enter various details on the Site. After entering these details and reviewing these terms and conditions, you will be asked to click on a button marked “I Accept” in order to indicate that you accept these terms and conditions and agree to be bound by them. A contract between us will be formed when you click that button.
4. SUBSCRIPTIONS
4.1 When entering your order details you will be asked to identify the category of subscription that you wish to purchase. The different categories of subscription that we offer are described on the Site (see Membership Benefits).
4.2 Please note that we may update and change the features and functionality of the Site from time to time without notice to you. Your subscription will allow you to access the relevant features and functionality of the Site as they exist from time to time.
4.3 Unless you notify us that you do not wish to renew your subscription, your subscription will automatically be renewed at the end of the relevant subscription period. If you have purchased an annual subscription, we will send you a reminder before your subscription is renewed.
5. FEES AND PAYMENT
5.1 Except in cases of obvious error, the fee payable for your subscription will be as quoted on the Site (see Membership Benefits) from time to time. All fees quoted exclude VAT unless otherwise stated.
5.2 If you are subscribing to ProductionBase for the first time then we may request your payment details upfront but no payment will be processed for the next 7 days during which time you may cancel your subscription without incurring any subscription fee.
5.3 Your subscription fee will be due and payable on each autorenewal of your subscription period (unless you have decided not to renew your subscription or if your subscription has been cancelled).
5.4 We may increase our subscription fees from time to time. We will give you at least 4 weeks notice of any fee increase. The new fee will apply to your next subscription payment after the increase takes effect.
5.5 Payment options will be set out and explained on the Site (see Membership Benefits) and may change from time to time. We may use a third party to accept and process payments on our behalf. If you are an existing member and have purchased a subscription that allows payment by instalments, you may continue to pay by instalments until your current subscription expires or is cancelled. In this case, if an instalment is more than 30 days overdue, an additional £25 late payment fee will be payable and if an instalment is more than 90 days overdue, we may cancel your subscription.
6. CANCELLATION RIGHTS
6.1 If you are a new member subscribing to ProductionBase for the first time then you may cancel your subscription without incurring any charge provided that you do so within the 7 days following the date of your subscription application (the Cooling Off Period).
6.2 If you do not cancel your subscription during the Cooling Off Period (as described in clause 6.1) then you may still cancel your subscription at any time. However, you will not be entitled to any refund of any subscription fees that you have paid in advance, even if you cancel your subscription before the end of the relevant subscription period.
6.3 If you cancel your subscription, you will remain registered on the Site and can continue to access the Site in the same way as any other registered user. However, you will not be able to access or use any features or functionality that are reserved to subscribers.
6.4 We may cancel your subscription at any time by notifying you if, in our reasonable opinion, you have committed a material breach of any of these terms and conditions or any of the terms and conditions set out in the Website Terms of Use. For these purposes, if you fail to pay your subscription fee on time or if you breach any part of our Acceptable Use Policy, you will be deemed to be in material breach of these terms and conditions.
7. OUR LIABILITY
7.1 We will use reasonable efforts to ensure that the Site is available to you at all times. However, we cannot guarantee that the Site or any individual function or feature of the Site will always be available and/or error free. The Site, or an individual function or feature of the Site, may become unavailable from time to time if we are carrying out routine maintenance works or other works required in order to resolve an error in the Site or to otherwise change or upgrade the Site.
7.2 Our total aggregate liability to you under or in relation with these terms and conditions in any 12 month period, including (but not limited to) liability for breach of contract, misrepresentation (whether tortuous or statutory), tort (including but not limited to negligence) and breach of statutory duty, will not exceed the total subscription fees paid by you to us in that 12 month period.
7.3 To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
- any responsibility for or liability arising out of any dealings you have with third parties that take place using or are facilitated by the Site;
- any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill; and
- wasted management or office time.
7.4 Notwithstanding the above, nothing in these terms and conditions will affect any liability we may have for:
- death or personal injury arising from our negligence;
- fraudulent misrepresentation; or
- any other liability that cannot by law be excluded or limited.
8. NOTICES
Notices given under these terms and conditions must be in writing. For these purposes, writing includes email and other electronic communications. We will send notices to the address you provide when ordering your subscription and which you may update from time to time by amending your profile details on the Site. You will send notices to the address we give on the “About Us” section of the Site, which we may update from time to time by amending the Site.
9. TRANSFER OF RIGHTS AND OBLIGATIONS
You may not transfer, assign, charge or otherwise dispose of your rights or obligations arising under these terms and conditions without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of our rights and obligations arising under these terms and conditions at any time.
10. WAIVER
If we fail to exercise, or delay in exercising, a right, power or remedy provided by these terms and conditions or by law, this will not constitute a waiver of that right, power or remedy. If we waive a breach of any of these terms and conditions, this will not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.
11. SERVERABILITY
If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, it will to that extent be severed from the remaining terms and conditions, which will continue to be valid to the fullest extent permitted by law.
12. RIGHTS OF THIRD PARTIES
A person who is not a party to this agreement may not enforce any of its provisions under the Contracts (Rights of Third Parties) Act 1999.
13. ENTIRE AGREEMENT
13.1 These terms and conditions, together with the Website Terms of Use, the Acceptable Use Policy and any other document referred to in them together represent the entire agreement between us in relation to their subject matter and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
13.2 Subject to clause 7.4, we each acknowledges that in entering into these terms and conditions we have not relied upon, and will have no rights or remedies (whether in tort, under statute or otherwise) in respect of any statements or representations (whether innocently or negligently made) by the other.
14. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We may revise and amend these terms and conditions from time to time to reflect changes to the Site, changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
15. LAW AND JURISDICTION
These terms and conditions will be governed by and construed in accordance with the laws of England and Wales and the courts of England and Wales will have exclusive jurisdiction over any claim or dispute arising under or in connection with these terms and conditions.
Date: 9th June 2010