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(1) All online products and support services provided by Future Learning Systems are subject to the following terms and conditions.
(2) Definitions
‘Supplier’ shall mean Future Learning Systems Ltd, Missenden Abbey, Great Missenden, Buckinghamshire, HP16 0BD.
‘Licensee’ shall mean the user of the products and services supplied by the Supplier.
‘Contract’ shall mean the Rental Agreement between the Supplier and the Licensee.
‘Course’ shall mean the all rented courses provided to the Licensee by the Supplier and shall include access to the Future Learning Systems’ web based portal and the hosting facilities provided with it.
‘Commencement Date’ shall mean the start date for Course rental and provided support services.
‘Fault’ shall mean any problem related to the Course that does not function in accordance with the written specification, related documentation and/or with a previous system where the functionality is agreed as still being relevant.
(3) Support Services
The Supplier will provide the following support services to the Licensee:
(a) Course Hosting
The Course will be hosted by the Supplier for the duration of the Contract and access to the Course shall be via the web based portal. The Supplier will provide the Course to the Licensee with unlimited bandwidth and with the availability of typically 24 hours per day, 7 days a week, 365 days per year.
(b) Course Downtimes & Maintenance
Back up of Course data will be run every night to ensure recent data recovery in the event of a disaster where Licensee data is lost from the Course server. Data recovery in such an event would be carried out within 24 hours and users would be able to access the Course with this recovered data within 24 hours. Any required maintenance on the Course will be carried out at times of low use, typically overnight. The Supplier will notify the Licensee should any maintenance be likely to cause Course downtime. Any downtime will be kept to a minimum and will always be less than 24 hours.
(c) Course Updates
The Supplier operates a policy of continuous product updating and improvement. The Supplier examines the functionality of the Course on an ongoing basis, updates are then considered based on all Licensee feedback and future required functionality. All updates are provided at no extra cost to the Licensee and implemented automatically following Licensee notification.
(d) Course Failure
In the event of Course failure caused by deficiencies within the Course, the Supplier will repair the Course at no extra cost providing the Licensee has complied with the terms of the Contract. If the Fault is considered by the Supplier and the Licensee to be non-critical then the correction will be included within the next Course update with an agreed time frame for implementation.
(e) Telephone Support
Unlimited telephone support for all technical aspects of the Course:
If no one is available to take the call, either due to busy periods or the call being made out of hours, then the Licensee will be contacted normally within 4 working hours from the call.
(f) On-line Support
The Supplier offers a support ticketing system available 24 hours per day, 7 days a week, 365 days per year. The Licensee may request technical support via this method and will receive an immediate response to the problem being logged. Test diagnosis and findings are all reported back to the Licensee on an ongoing basis. The Licensee may also request the following via the support ticketing system: (i) Technical and implementation advice. (ii) Course update/revision information and related documentation.
(g) Response Time
The response time to support service calls logged with the Supplier within the Call Period of 9:00am to 5:30pm on Monday to Friday (excl. all Public or Bank Holidays) shall normally be within 4 hours.
(4) Support Services not Included
The support services provided will not normally include the following, but may at the discretion of the Supplier:
a) Correction of faulty operation due to operator error or misuse of the Course.
b) The correction of a Fault caused by the Licensee's actions.
c) The correction of a Fault caused by third party software.
d) The correction of a Fault caused by Licensee hardware.
e) Visits by Supplier personnel to a Licensee’s place of work, unless specifically required to resolve a Course problem deemed to be the fault of the Supplier and not resolvable remotely.
(5) Warranty and Limit of Liability
The Supplier warrants that the support services will be carried out by competent personnel and that the Supplier will endeavour to rectify Faults and if necessary release a Course upgrade within ten working days of receiving notice of the same from the Licensee, or if deemed non critical by both the Supplier and the Licensee, will be included within the next standard update for the Course.
Neither the Supplier nor the Licensee shall be liable to the other for any claims for indirect or consequential losses whether arising from negligence or otherwise. In no event shall the Supplier's liability under the Contract exceed the price paid by the Licensee to the Supplier for the Course connected with any claim.
(6) Licensee Covenants
The Licensee agrees:
a) To operate the Course in a professional and prudent manner and in accordance with any application documentation supplied by the Supplier.
b) Not to allow any colleagues employees or agents of the Licensee to amend functionality of the Course unless agreed in writing or via email by the Supplier.
(7) Payment Terms and Costs
There is no charge for the support services whilst the Course is being rented by the Licensee from the Supplier. Supplier payment terms are 30 days from date of invoice for commercial organisations or instant payment by credit or debit card for single users. In the event of non-payment for any invoice to the Licensee, the Supplier reserves the right to suspend its obligations until such payment has been made in full.
(8) Value Added Tax
All charges are quoted exclusive of Value Added Tax, which is payable (if applicable) by the Licensee in accordance with current legislation.
(9) Renewal or Cancellation
The Licensee will be advised via email, one month before the end of the current Contract period, the cost for renewing the Contract. This Contract will automatically terminate on the anniversary date should there be no request from the Licensee to continue the Contract or any part of it.
(10) Force Majeure
Neither party shall be liable for failure to perform its obligations under the Contract if such failures result from circumstances beyond the party's control.
(11) Termination
Either party shall have the right to terminate the Contract if the other party is in material breach of the Contract and does not rectify such breach within 30 days of receipt of notification thereof in writing, from the injured party. Termination shall not affect any other rights of the injured party.
The Licensee also has the right to terminate this Contract on any anniversary date by email or letter to the Supplier.
(12) Law
Unless otherwise agreed in writing, the Contract and any dispute or claim arising out of or in connection with it or its subject matter shall be construed & interpreted in accordance with the laws of England & Wales and subject to the sole jurisdiction of the Courts of England & Wales.
(13) Insolvency
This Contract shall terminate automatically if the Licensee or Supplier becomes bankrupt or goes into receivership, administration or liquidation (whether creditors’ voluntary or compulsory) other than for the purposes of a bona fide scheme of solvent amalgamation or restructure.
(14) Confidentiality
The Licensee and the Supplier agree to receive and hold in confidence and not disclose in any manner to third parties any product or any information disclosed to it by the other party under the terms of this Contract. The Licensee agrees that it will not sell, lease, rent, licence or otherwise transfer the Course supplied by the Supplier to any third party.
(15) Entire Agreement
The parties agree that these terms and conditions (together with any other terms and conditions expressly incorporated in the Contract) represent the entire agreement between the parties relating to the provision of the Course and support services by the Supplier to the Licensee, and that no statements or representations made by either party have been relied upon by the other in agreeing to enter into the Contract.
(16) Notices
Any notice or communication pursuant to or in connection with this Contract shall be in writing and delivered personally or sent by first class post (airmail if overseas) or sent by email (subject to the original notice or communication being sent by post on the same day in the manner specified above) to the party due to receive the notice at the address set out below (or to such other address as may have been notified to the other party from time to time) and shall be deemed to be served:-
(a) if delivered personally;
(b) if sent by first class post (other than airmail), two (2) days after posting it;
(c) if sent by airmail, six (6) days after posting it; and
(d) if sent by email, on the day on which the notice or communication is deemed to have been received by first class post or airmail (as appropriate), but if notice is given or deemed to be given on a day which is not a business day, it shall be deemed to have been given on the next business day.