Membership terms and conditions

CLARITA DIGITAL – DIGITAL THRIVE HIVE MEMBERSHIP TERMS AND CONDITIONS

Published 10th October 2018 – download a copy

Application and entire agreement
1. These Terms and Conditions apply to the provision of the services detailed in schedule 1 (Services) by Claire Jones-Hughes t/a Clarita Digital sole trader, 6 Brading Road, Brighton, East Sussex, BN2 3PD (we or us) to the person buying the services (you).

2. You are deemed to have accepted these Terms and Conditions enrolment payment is completed (cleared) or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our services (the Contract) are the entire agreement between us.

3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

Interpretation
4. A “business day” means any day other than a Saturday, Sunday or bank holiday in England and Wales.

5. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.

6. Words imparting the singular number shall include the plural and vice-versa.

Services
7. We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.

8. We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.

9. All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.

Your obligations
10. You must obtain any permissions, consents, licences or otherwise that we need and must give us with access to any and all relevant information, materials, properties and any other matters which we need to provide the Services.

11. If you do not comply with clause 10, we can terminate the Services.

12. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).

Membership Fees
13. The membership fees (Fees) for the Services are set out in schedule 2 and are on a time and materials basis.

14. Membership is for individuals not organisations. Businesses can purchase licences to access Digital Thrive which are subject to separate terms and conditions.

15. Minimum membership term is 12 months. Fees are non-refundable.

16. The Fees are inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.

Cancellation
17. Either we or you can cancel membership for any reason prior to payment i.e. during the free trial period.

18. If, due to circumstances beyond our control we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.

19. There are no refunds on membership fees nor part-refunds should you cancel before the annual period has expired.

Payment
20. Membership payment is in advance of enrolment to the Digital Thrive programme.

21. Re-enrolment will be automatic unless you opt out.

22. If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.

23. Receipts for payment will be issued by us only at your request.

24. All payments must be made in British Pounds unless otherwise agreed in writing between us.

Confidentiality
25. Members must not

a. Share their logins and passwords with other people, even if they are in the same organisation. (See clause 14)

b. Share training material with non-members.

c. Reproduce, redistribute material infringing copyright or intellectual property (see clause 27).

26. Any violation of the above terms or membership rules will result in immediate termination of membership.

Intellectual property
27. We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.

Liability and indemnity
28. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.

29. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:

a. any indirect, special or consequential loss, damage, costs, or expenses or;

b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or

c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or

d. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or

e. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.

30. Nothing in these Terms and Conditions shall limit or exclude our liability for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.

Circumstances beyond a party’s control
31. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

Communications
32. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).

33. Notices shall be deemed to have been duly given, sent by email and a successful transmission report or return receipt is generated.

34. All notices under these Terms and Conditions must be addressed to the most recent email address notified to the other party.

35. All communications within members areas and Facebook Groups must comply with these terms and the rules of the group.

No waiver
36. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.

Severance
37. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

Law and jurisdiction
38. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Schedule 1 – Services

Access with login and password to members-only content on www.claritadigital.com includes:

–        Training and talks videos

–        Downloadable training materials and printouts

–        Enrolment to email courses

One 60-minute Skype session with a digital marketing expert which will include:

–        Pre-session questionnaire

–        60-minutes consultation using Skype or equivalent web call technology

–        Post-session 2 page action plan

Free digital talk events

50% discount off intensive webinars

50% off computer-based, module training courses

Schedule 2 – Fees

£25 annual membership fee – VAT not applicable.

Webinars and computer-based courses are priced individually.