Terms of business

1. Introduction

1.1 These terms of business set out an agreement between you and Skiful.co Ltd The term 'Skilful.co' or 'us' or 'we' refers to Skilful.co Ltd whose registered office is 3 Park Farm, Witham Road, Black Notley, Essex, CM77 8JX. Skilful.co Ltd is a UK registered company, assigned company number 07659654. The term 'you' refers to the purchaser of our services, be that a natural or a legal person and may where appropriate also refer to the user or viewer of our website.

1.2 Our website has the URL http://skilful.co (the “Site”). We collectively refer to the Site, the features, content, and services offered as the “Services”. These business terms supplement the terms and conditions of use governing your use of the Website’s services, which are referred to and incorporated into this document, by reference, as is our privacy policy. These Terms of Business are the principal document concerned with our relationship with you as a buyer of these services, but insofar as the terms of the other documents could be construed as applicable to you and your agents, they will also apply.

1.3 You can only open a Skilful.co account and/or use the Services if your acceptance of these terms is not prohibited by law including amongst other things that you have suitable capacity to be a contracting party.

1.4 If you don’t agree to these Business Terms, you may not subscribe to the Services or otherwise obtain paid services (including access to the subscriber content, including the videos) made available by Skilful.co. By using any part of the Services, or by creating a user account, you indicate your acceptance of these Business terms.

1.5 We reserve the right to change these conditions from time to time as we see fit and your continued use of the site will signify your acceptance of any adjustment to these terms without prior notice. You are therefore advised to re-read this statement on a regular basis.

1.6 You are asked to be aware of and to follow, your own organisation’s procedures, practices and internal resources as well as respecting any wider legal requirements you may be under. Whilst Skilful.co is intended to be of help in the application of management processes, your internal legal and business processes should be considered to override any advice given by this website.

2. Access, fees and payment.

2.1 You can purchase access to the site for yourself, or for people within your organisation, purchasing a number of user accounts (we call these “seats”) and assigning them to different people within your organisation. If you choose to do so, you are granted a limited, non-exclusive, revocable, non-transferable and non-sublicensable right to access the site or part thereof appropriate to the subscription for which you have opted.

2.2 In return for access to the site, you agree to pay the appropriate fee corresponding to the particular Services that you wish to access for the applicable Subscription Term. We call this a Subscription fee. We reserve the rights to change the Subscription fee with respect to a period of supply with prior written notification. Unless otherwise expressly stated, all fees are non-cancellable and non-refundable.

2.3 When you agree with us to take such a subscription, you are entering into an agreement which will renew automatically if it is not cancelled more than a calendar month prior to the end of the subscription term.

2.4 If you wish to terminate this agreement, you must notify us in writing, either by letter or email, using the address and email address supplied by us on our “Contact Us” page at least one calendar month before the end of a given subscription term.

2.5 Charges are billed in advance of service. When you place an order with us, we will send you an invoice for payment. You may choose as to whether it is a paper invoice or an electronic invoice.

2.6 Payment of an invoice must be made within 14 calendar days of the date of issue of the invoice.

2.7 The day after an invoice is paid, a processing period begins. The processing period will be of a length not longer than 14 business days. The processing period ends with the beginning of the supply of services. The day on which services begin to be supplied is the launch date.

2.8 Unless otherwise stated, all fees are stated in Great British Pounds Sterling and will be exclusive of VAT.

2.9 A subscriber to the site may instruct us as to the launch date they require, if it is after the processing period.

2.10 With regard to renewal of subscriptions, we will use reasonable endeavours to re-invoice one month prior to the renewal date. Non-payment by the end of the renewal period will lead to a pausing of the supply of services on the calendar day subsequent to the last day of the period which has already been paid for. The supply of services will be unpaused when the invoice is paid. An additional charge may be payable for the reinstatement of paused or otherwise terminated accounts.

2.11 In addition, you understand that until the services are properly terminated, you may, at our discretion, continue to accrue charges for which you remain responsible, even if you don’t use the Services.

2.12 We accept the following payments: cheque sent to our registered address and made payable to “Skilful.co Limited”; BACS transfer to our bank account (details available upon request) and optionally by Paypal, via our electronic invoicing system.

2.13 In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including all legal fees.

2.14 You are liable for all acts and omissions of the people within your organisation, be they employees or otherwise, with respect to access and use of the Site and its content; further, you are responsible for ensuring that the people you do so permit comply in full with these terms, insofar as they apply, along with the terms of Website use and any term documents which may govern the conduct of users relative to the website and which we may introduce from time to time.

3 Changes to the site

3.1 The site is updated often and as such, the content may change at any time. If necessary, we may therefore close the site temporarily, to some or all of the site’s users. Any of the material on Our Site may become out of date at any time and we are under no obligation to update material consequentially.

4 Free Trial

4.1 From time to time, we may offer a party a free trial of at least a part of the content of the Website. This is done entirely at our discretion and may be terminable at any time. In particular it creates no obligations on us to continue supplying services to the party.

5 Intellectual Property rights

5.1 We are the owner or the licensee of all of the material published on the Site and we therefore either own or are licensed to exercise intellectual property rights in relation thereto. For the avoidance of doubt, Copyright and other relevant intellectual property rights subsist in all text relating to the Company’s services and to the full content of this website.

5.2 The Company’s logo is a trademark of our Company in the United Kingdom and other countries. The brand names and specific services of this Company featured on this web site are also trademarks of the company.

5.3 You and people within your organisation who are granted Seats are permitted to print off copies and download extracts of pages, downloads, handouts and infographics from the site for personal reference and to share with colleagues, provided the information retains the Skilful.co branding which we have affixed to it. Your agents are further welcome to draw the attention of others within your organisation to material posted on the site, provided they have a separate password.

5.4 However, if you or they wish to copy or reuse video content from the Site, you will need to contact us and request special permission to do so. It is forbidden to copy or reuse video content from the Site without special permission.

5.5 You and/or your agents must not modify the copies made in any way and must not use a component of material, such as text, images, video or audio sequences separately from its other constitutive elements.

5.6 When using that material in any way, the status of the authors and owners of the material on the Site must be acknowledged. Note that often in the case of the video library, the author will be a contributor other than Skilful.co. Ltd and must therefore be acknowledged separately to us.

1 You/ your agents must not use any of the materials on the site for commercial purposes without first obtaining permission from us (which may be in the form or a license) and where appropriate, from our licensors.

2 If you or your agents copy any part of the Site in breach of these terms of use, your right to use this site will immediately be revoked and you must destroy any copies made.

6 Information and confidentiality

6.1 We process information about you in accordance with our privacy policy. By using this site, you consent to the terms of that policy and you warrant that all data provided by you is accurate.

6.2 You agree on behalf of your organisation and its members to treat user-names, password and other information related to security as confidential and to not provide any other person with assess to the Website or any part of it using the passwords, user-names and other information provided to you. If you become aware of unauthorised use of the information, or unauthorised access to the Site, you will notify us immediately.

7 No liability

7.1 The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group 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; and any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the use, inability to use or results of the use of Our Site, any websites linked to it or any materials posted on including, without limitation, any liability for: loss of income, revenue, business, profits, contracts, anticipated savings, data; goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

7.2 In particular, neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

7.3 Further, material on the Site is not intended to be relied upon or to be constitutive of advice. We explicitly disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.

7.4 We are not liable for any loss or damage cause to our users by denial or service attacks or the transmission of harmful material that may affect your computer equipment, programs, data or other material due to your use of the Site or to your downloading of any material posted on it, or any website linked to it.

7.5 This does not affect our liability for (a) death or personal injury arising from our negligence, (b) fraudulent misrepresentation or misrepresentation as to a fundamental matter or (c) any other liability which cannot be excluded or limited under applicable law.

8 Communication

8.1 We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.

8.2 You must keep your contact and billing details up to date with us. Failure to do so may lead to the interruption of the service.

9 Termination of Agreements and Refunds Policy

9.1 We have the right to terminate any Agreement we might make with you for any reason and this may lead to the ending of services that are already underway, with no further rights given to access the Website. No refunds shall be offered, where a Service is deemed by us to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused or otherwise unprovided Services, shall be refunded within a period we define as reasonable.

10 Force Majeure

10.1 The company shall not be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.

11 Waiver

11.1 Our failure to insist upon strict performance of any provision of these Terms or any other Agreement or our failure to exercise any right or remedy to which we are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under these Terms or any other Agreement. No waiver of any of the provisions of these Terms or any other Agreement shall be effective unless it is expressly stated to be such and signed by both Parties to this Agreement.

12 General

12.1 The laws of England and Wales govern these terms and conditions. By accessing the website and/or by using our services, you consent to these terms and conditions and to the exclusive jurisdiction of the English courts, or any other forum we deem appropriate, in all disputes arising out of such access.

12.2 If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.

12.3 Failure of the Company to enforce any of the provisions set out in these Terms of Business and any other Agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms of Business or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.