Terms of Service
1. PURPOSE OF THESE TERMS
1.1. This document sets out the terms on which DEMO:U Ltd (a company registered in England and Wales with company number 10652975)(“DEMO:U”, “we” or “us”) provides services and digital content to you, our customer, including our virtual assessment centre experiences, and ultimate assessment guides. These terms apply between DEMO:U and individual consumers. If you are a business customer, please contact us at email@example.com to discuss our business terms.
1.2. These terms, together with the information within your Order (see clause 2), form a contract between you and DEMO:U (the “Contract”). Terms relating to the quality of our services and digital content will also be implied in the Contract by law (for your protection). The intention is for these terms, the Order and such implied terms to form the entire agreement between you and us. Please contact us if you are relying on any other information or discussions (before confirming an Order), so that we can clarify the applicable terms.
1.3. If you have any questions in relation to these terms or the Contract, please contact us at: firstname.lastname@example.org.
1.4. These terms were last updated on: 13 December 2017.
2. ORDER PROCESS
2.1. You may place an order for services over our website by confirming our order summary (an “Order”) containing details of the services and/or digital content to be provided by us to you (the “Services”), the associated fees, and, where applicable, timescales for delivery. The Contract shall come into effect when we accept your Order by email, confirming the details of the Order and these terms.
2.2. The Order may reference a separate description of the Services within the DEMO:U website or service documentation (the “Service Description”).
3. PROVISION OF SERVICES
3.1. We will provide the Services to you in accordance with the Order.
3.2. Timescales for delivery of digital content may be impacted by delays in the payment process.
4. RIGHTS OF CANCELLATION
4.1. You have a right to cancel the Contract, without incurring any costs, within 14 days of the date the Contract comes into effect (see clause 2). However, this right may be affected if the Services begin during this 14 day period, as follows:
(a) your right to cancel the supply of digital content (such as our ultimate assessment guides) will be lost if you have expressly consented to such content being supplied before the expiry of 14 days; or
(b) your right to cancel the supply of other Services (such as our virtual assessment centre experiences) will be lost if you have requested services to begin before the expiry of 14 days and the Services have been completed during that period; or
(c) if you request other Services (such as our virtual assessment centre experiences) to begin before the expiry of 14 days, but they have not been completed during that period, then you retain the right to cancel, but will be required to pay a proportion of the fees for Services which have already been supplied up to the date of cancellation.
4.2. If you request cancellation of the Contract outside the 14 day period under clause 4.1, additional cancellation fees will apply, as described in clause 5.
4.3. You may request re-scheduling of the Services as an alternative to cancellation of the Contract. We have absolute discretion whether or not to agree to such a request. If we do agree to re-schedule, an additional re-scheduling fee may apply, as described in clause 5.
4.4. Requests for cancellation of the Contract or re-scheduling of the Services should be sent to email@example.com.
5. FEES AND PAYMENT
5.1. In consideration of the supply of the Services, you agree to pay fees to us, as specified in the Order. You will be required to pay the fees online at the time you place your Order. If you cancel the Contract in accordance with clause 4.1, we shall refund to you such proportion of fees paid in advance as relate to Services not yet supplied at the date of termination. Otherwise, if you request cancellation of the Contract:
(a) more than 24 hours in advance of the supply of Services beginning, 50% of the fees will be refunded to you, and the remaining 50% will be retained by us;
(b) less than 24 hours in advance of the supply of Services beginning, no fees will be refunded to you.
5.2. If we agree to a request from you to re-schedule any Services, we may charge you a reasonable re-scheduling fee.
6. CUSTOMER’S OBLIGATIONS
6.1. You warrant that:
(a) you are entering into the Contract as a consumer, and not in the course of your business, craft, trade or profession; and
(b) you are over 16 years old, or, if you are under 16, you confirm by ticking the relevant box that a parent or guardian has read and agreed to these terms before we can provide the Services.
6.2. You are responsible for making arrangements and payments necessary to access our Services online, including, without limitation, network and Internet connections, and any additional software, hardware and equipment required.
6.3. You agree that you shall:
(a) promptly provide DEMO:U with any information or assistance which it reasonably requires in order to perform the Services;
(b) not access, copy, modify, use, share or distribute DEMO:U’s technology, materials or other content of its website or Services other than as expressly permitted for receiving the benefit of the Services, in accordance with clause 9;
(c) not attempt to reverse engineer, decompile or disassemble any technology of DEMO:U or its service providers which is used to provide the Services;
(d) not make any unlawful or unauthorised use of the Services, or DEMO:U’s or its service providers’ equipment, software or networks, including attempting to gain unauthorised access, introducing any virus or malware or causing any denial of service attack, or committing any criminal or fraudulent act; and
(e) comply with such additional terms and instructions as DEMO:U may reasonably request from time to time in relation to your use of the Services, including, without limitation, in order to meet requirements imposed by its service providers or to comply with applicable laws.
7. TERMINATION OR SUSPENSION OF SERVICES
7.1. Subject to earlier cancellation or termination (under clauses 4 or 10, or this clause 7), the Contract shall continue until completion of all Services under an Order.
7.2. Without prejudice to clause 7.6, we may postpone the provision of all or any of the Services, upon notice by email to you, in the event that we unexpectedly lack material resources required to perform such Services including, without limitation, lack of availability of mentors or technology used in the performance of the Services. In such circumstances, we shall seek to agree with you a re-scheduling of such Services, or, if you do not agree to such re-scheduling, you may terminate the Contract upon notice by email to us, and receive a refund of fees you have paid to us under the Contract.
7.3. Either party may, by notice by email to the other, terminate the provision of Services and the Contract with immediate effect if the other party commits a material breach of the Contract and, in the case of any remediable breach, fails to remedy the same within 14 calendar days of receipt of a notice by email from the non-breaching party requiring such remedy.
7.4. All provisions of the Contract which by their nature are intended to continue shall survive termination.
7.5. Termination of the Contract or any Services shall not affect accrued rights and liabilities of either party up to the date of termination including, without limitation, your obligation to pay fees for Services undertaken.
7.6. We may temporarily suspend the provision of any Service for repair, maintenance or upgrades to our website or other technology, upon reasonable notice by email to you.
8. USE AND RETENTION OF DATA
8.1. We may collect and use your personal data for the purposes of providing the Services, invoicing and payments, reviewing and enforcing compliance with the Contract, communicating with you in relation to the Services, direct marketing, monitoring equality and diversity, and carrying out customer surveys. Further information is available within our privacy notice [insert link].
8.2. Following completion or termination of any Services or the Contract, we may retain such information and materials relating to the Services and the Contract as we may reasonably require to maintain records of the Services, to comply with our legal obligations and to defend our legal rights.
9. INTELLECTUAL PROPERTY RIGHTS
9.1. You acknowledge that intellectual property in the Services (including copyright in the DEMO:U website content and materials provided as part of the Services, and rights to the DEMO:U name and logo) belong to DEMO:U and its licensors (as applicable).
9.2. We grant you a non-exclusive, non-transferable licence to use the content of the Services (including any digital content provided) to the extent required for receiving the benefit of the Services in accordance with the Service Description.
10. EVENTS BEYOND OUR CONTROL
10.1. If we are unable to perform any of the Services due to events beyond our reasonable control (including, but not limited to, acts of God, governmental or parliamentary act, war, fire, drought, flood, explosion, civil commotion, failure of power supply, communications or Internet connections), then we shall seek to re-schedule such Services as soon as reasonably practicable, and shall not be liable to you for such non-performance within previously agreed timescales.
10.2. You or we may terminate the Contract if we are prevented from performing the Services because of such an event for more than thirty (30) consecutive calendar days, and, upon such termination (and notwithstanding clause 5.3), you shall be entitled to a refund of fees paid in advance for such Services.
11. CHANGES TO THE SERVICES AND THE CONTRACT
11.1. We may, from time to time, make updates or changes to the Service Description and/or delivery of the Services (including, without limitation, changes to Service features, or the content of digital materials) without seeking your agreement, provided such updates and changes do not have a material adverse impact on the provision of the Services to you.
11.2. If we are required by law or by our service providers to change the Services, these terms of service or any other provision of the Contract, you agree to co-operate with us to implement such changes whilst maintaining, as far as possible, the intention of the Contract.
12.1. Subject to clause 12.2, neither party may transfer, assign, sub-contract nor sub-license any rights or obligations under the Contract to any person without the prior written consent of the other party.
12.2. We may, without your consent: (a) sub-contract performance of the Services or any of its obligations under the Contract to any third party; and/or (b) upon notice to you, transfer or assign all or any of its rights or obligations under the Contract to any purchaser of the our company, our assets and/or our business.
13.1. If there is any inconsistency between these terms of service, the Order and/or the Service Description, the intention is for these terms to prevail, followed by the Order, followed by the Service Description.
13.2. No provision of the Contract is intended to be enforceable by anyone other than you and us.
13.3. No failure or delay by you or us in exercising any right or remedy under the Contract shall be construed as a waiver by you or us of such right or remedy.
13.4. Subject to clause 11, amendments to the Contract should be agreed in writing by both you and us.
13.5. If any provision of the Contract is found to be invalid, unenforceable or illegal, the other provisions shall remain in force.
13.6. The Contract shall be governed by and construed in accordance with the laws of England and Wales, and you and we agree to submit to the exclusive jurisdiction of the courts of England and Wales.
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