Sponsor / Retainer Terms & Conditions

Means of Escape Publications Limited Sponsor/Retainer Terms & Conditions apply to new and existing customers. You should read these Terms and Conditions carefully, as they affect your rights and liabilities under the law and set out the terms under which Means of Escape Publications Limited provide services to you via your retainer.

 

1. What are Sponsorship / Retainers?

Means of Escape is a leading online fire safety magazine dedicated to providing information and guidance relating to fire, health and safety matters. As we provide a free resource to our users we use advertising and sponsorship to pay for fees to provide this service. Sponsorship and Monthly retainers are designed to meet each individual customer's requirements and budgets offering a range of products/services under a monthly fee details of which are set out in the quote or proposal provided to you by us.

 

2. When your Service Agreement begins

Your Service Agreement is contained in these Terms & Conditions, By accepting the quote/proposal provided by Means of Escape staff via sign off or written confirmation, you agree to enter into and be bound by this Service Agreement with Means of Escape Publications Limited.

 

3. Changes to this Service Agreement

We can change this Service Agreement (including our charges) at any time. We will notify you of any significant changes to the main point of contact you gave us for correspondence on your quote/proposal. If you continue to utilise Means of Escape Sponsorship / Retainer services after the date on which the change comes into effect, your use indicates you agree to the changed Service Agreement and will be bound by it.

 

4. Ending your Service Agreement / Cancellation

4.1 You have a 28 day period from the date you accept your Sponsorship/Retainer in which to cancel the contract. If you would like to cancel your Service Agreement during those 28 days please email or write to us. After that, you may cancel your Service Agreement at any time by emailing or by writing to us but please note that if you have signed up to a contract or set time frame for sponsorship/retainer and you did not cancel within your initial 28 day period you must provide 30 days notice of cancellation to terminate your contract. We will confirm that we have received your request and that your sponsorship/retainer will be cancelled. You will be charged for any activity prior to your cancellation including any completed during the 30 day notification.

 

4.2 We may end your Service Agreement at any time by emailing you and giving you 30 days notice. We may also end our Service Agreement with you immediately if:

 

(a) you breach an important term of these Terms & Conditions,

(b) you fail any credit or fraud prevention check or where we reasonably suspect fraud or money laundering by you or someone using your account(s),

(c) you give us information about yourself which we reasonably believe to be false or misleading,

(d) you are the subject of bankruptcy or insolvency proceedings, or if you do not make a payment under a judgement of a Court or fine, or you make an arrangement with your creditors or a receiver or administrator is appointed over any of your assets, or you go into liquidation, or

(e) we are no longer able to provide our sponsor/retainer service to you despite making all reasonable efforts to do so.

 

4.3 We may end your Sponsorship/retainer forthwith at any time if you;

i) do not provide information as agreed in your quote / proposal to enable us to complete your selected services for a continuous period of 90 days.

ii) do not maintain your payments

 

We will give you notice in writing that we have ended your Sponsorship / Retainer.

 

4.4 Both of us must continue complying with this Service Agreement until we stop providing our service to you. The end of this Service Agreement, for whatever reason, shall not affect either of our rights or liabilities.

 

5. Use of personal information - including fraud prevention

5.1 To learn how we collect and use your personal information, please contact us for a copy of our Privacy Policy.

 

5.2 If you change your name, address, telephone number or payment details you must let us know. The main contact highlighted within your proposal/quote will agree all sign off, provide required information to complete services under your sponsorship/retainer and receive all correspondence & copy it is therefore imperative these contact details are kept up to date. Sponsor/Retainer contacts are automatically added to our subscriber database to receive the benefits of such including access to guides, newsletters and our forum, should you wish to remove or omit any contacts from this process please notify us.

 

5.3 We may check your details with fraud prevention agencies and if you give us false or inaccurate information and we suspect fraud, we will record this. We may also pass information to financial and other organisations involved in fraud prevention to protect ourselves and our customers from theft and fraud. These records will be shared with other organisations and used by us and them to help make decisions about credit and credit related services for you and members of your household and trace debtors, recover debt, prevent money laundering and fraud, and to manage your accounts.

 

5.4 If you require details of those fraud prevention agencies from which we obtain and with which we record information about you, then we will supply them to you on request. Please contact us to request this information.

 

5.5 We may monitor calls made to or by our customer care team for training purposes and to improve the services we offer you.

 

6. The Means of Escape Publications Limited Sponsorship / Retainer service

6.1 We will use our reasonable endeavours to make the online Means of Escape services available to you 24 hours a day, 7 days a week, 365 days a year. However we provide our online services to you via a website agency and cannot accept liability for failure of the service for any reasons beyond our reasonable control.

 

6.2 We shall not be responsible for any delay or failure to provide service for reasons beyond our reasonable control, including fire, explosion, lightning, storm, tempest, flood, earthquakes, riot and civil commotion, failure by a utility company, local authority or other such body, any failure or shortage of fuel or transport, war, civil war, armed conflict or terrorism, or nuclear, chemical or biological contamination, or any blockade or embargo, or any official or unofficial strike or other dispute.

 

6.3 When we provide you with online services, we will use the reasonable skill and care of a competent service provider, but we cannot guarantee that the online service will always be available or fault-free and cannot guarantee that it will be secure or free from viruses and other similar threats. We recommend that you protect your PC by the use of adequate internet security including a firewall and virus checker. The Means of Escape online service is dependent on other persons operating the Internet infrastructure (hardware and software) over which we provide our online service, so it can be affected by things outside of our control.

 

6.4 We believe that our online services work with accessibility products such as screen readers. If you encounter any problems with accessibility, please let us know by emailing info@means-of-escape.com.

 

7. Your Sponsorship / Monthly Retainer

7.1 You must utilise your Sponsorship/Retainer in accordance with these Terms & Conditions and any other reasonable instructions we give you.

 

7.2 You must keep confidential all passwords you have nominated in connection with Means of Escape. We cannot disclose information about your account to anyone until we are satisfied as to their identity.

 

7.3 You may not, nor allow anyone else to, use your Sponsorship/Retainer: (a) for any unlawful purpose or not in accordance with fair use, (b) as intended to be, malicious or fraudulent, (c) to breach the rights of any third party (for example, copyright), or (d) in any way which may damage or affect the operation or quality of the Means of Escape service including featuring dishonest or false information. If you do not comply with any provision of this paragraph, you will compensate us for all liabilities, claims, damages, losses and costs (including legal costs) that we may suffer as a result.

 

7.4 We (or our licensors) are the owners of all intellectual property rights provided on www.means-of-escape.com.

 

7.5 You must ensure that your access to our online service is not illegal or prohibited by laws which apply to you.

 

8. Charges

8.1 The charges for Sponsorship/Retainers, including details of breakdown costs, are shown on your quote/proposal and are due on the dates and intervals agreed between us. Prices within quotes/proposals exclude VAT unless otherwise stated.

 

8.2 You can pay by Cheque or BACS following receipt of invoice, our credit terms are 30 days from date of invoice. For payment information please contact us. All payments will be taken in Pounds Sterling.

 

8.3 Details of Sponsor/Retainer activity will be provided with your invoice unless invoices are directed to someone other than the main point of contact outlined on your quote/proposal. For additional information or copy of any activity completed under your Sponsorship/Retainer please contact us.

 

8.4 If you do not maintain your payments, or a payment fails, we will contact you informing you of any errors. If payments continue to fail on a regular basis, we may stop your Sponsorship/Retainer. See clause 4.3 above.

 

9. Our responsibilities to you

9.1 We do not exclude or restrict our liability for: (a) death or personal injury caused by our negligence (or our agent's negligence), (b) fraud, (c) any liability under Part I of the Consumer Protection Act 1987, or (d) any of our liabilities that cannot by law be restricted.

 

9.2 Our liability in connection with any service supplied through your Sponsorship/Retainer is strictly limited to the monthly retainer price. We are responsible for direct losses you suffer as a result of us breaking this Service Agreement with you if the losses are a foreseeable consequence to both of us at the time you enter into this Service Agreement. We accept no liability for losses which happen as a side effect of the main loss or damage or which are not foreseeable by you and us (such as business losses, loss of profits, wasted expense or loss of opportunity). If you suffer any loss you must let us know as soon as possible by contacting us.

 

9.3 We will also not be responsible for any faults, damage or maintenance to your PC, modem/router or telephone line. You must contact your Internet service provider to deal with problems with your Internet connection. If you do experience a problem with our online service you should first contact us. If the problem relates to another provider we may suggest that you contact your provider directly to resolve the problem.

 

9.4 We will not be responsible for any failure to complete sponsor/retainer items if such failure is due to lack of requested information from you by agreed deadlines. Should you fail to provide such information by the agreed deadlines so that sponsor/retainer items to remain incomplete payment will not be waived. Information required from you to complete items and deadlines will be made clear in our quote/proposal or otherwise.

 

10. The Internet and other events beyond our control

10.1 Internet service providers provide your Internet access. Because of this, there may be times when service is unavailable. Unfortunately, this is beyond our control and there is nothing we can do to prevent this.

 

10.2 We shall not be responsible for any delay or failure to provide service for reasons beyond our reasonable control, for example fire, explosion, lightning, storm, tempest, flood, earthquakes, riot and civil commotion, failure by a utility company, local authority or other such body, any failure or shortage of fuel or transport, war, civil war, armed conflict or terrorism, or nuclear, chemical or biological contamination, or any blockade or embargo, or any official or unofficial strike or other dispute.

 

11. General provisions

11.1 You may not transfer any of your rights or responsibilities under these Terms & Conditions to anyone else without obtaining our consent. We can transfer all or any part of our service with you at any time provided the service you receive is not significantly reduced.

 

11.2 If at any time we do not require you to comply with these Terms & Conditions, this does not prevent us from asking you to at a later time.

 

11.3 If any part of these Terms & Conditions is found to be invalid by any Court or other regulatory or competent body, the invalidity will not affect the rest of the Terms & Conditions, which shall remain in force.

 

11.4 A person who is not a party to your Service Agreement with us has no right under the Contract (Rights of Third Parties) Act 1999 to enforce any part of this Service Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

 

11.5 English law applies to your Service Agreement with us, and any disputes about this Service Agreement will be decided exclusively within the English courts.

 

12. Complaints

We want to give you a great service. However, if you are unhappy with any aspect of our service then please contact us.

 

13. Contact us

If you have any queries please contact us or speak directly to your account manager;

 

Means of Escape Publications Limited,

Wins House,

Pipps Hill Industrial Estate,

Basildon,

Essex,

SS14 3BS

 

T: +44 (0)1268 242340

F: +44 (0)1268 284046

E: info@means-of-escape.com.

 

These terms and conditions are based on a template created and distributed www.website-law.co.uk.

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