Standard Terms for the Purchase of Services from firstname.lastname@example.org
These terms and conditions apply to Services provided by Day by Day which for the purpose of these terms and conditions will be referred to as “Day by Day” or “we” or “us” or “our”. You the purchaser of the service for the purpose of these terms and conditions will be referred to as “the client” or “you”. For the purpose of these terms and conditions together Day by Day and The Purchaser together will be referred to as “party” or “parties”
You may contact via email email@example.com for any further queries.
These terms and conditions apply to the sale of any service and/or material that is purchased from us. Please read these terms and conditions carefully before purchasing and paying for our Services and print off a copy for your records.
By paying for our service you agree to the terms of this agreement. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.
“Fees” means the fees paid by you to Day by Day for the Product or Services.
“Product or Services” means the provision of what is offered at the time of purchase. Please ensure you have read fully what your product or service includes
“you” means the individual purchasing the Product or Services.
2. The Product or Services
A description of the Product or Services you have agreed for us to provide is confirmed to you at teh time of purchase on the sales page. We will provide the Product or Services with reasonable care and skill in accordance with the description that has been advised.
We reserve the right to vary or withdraw any of the Product or Services described without notice.
By purchasing the Product or Services, you confirm that it will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Product or Services.
3. Ordering Product or Services
You can purchase Products or Services via our website.
4. Cancellation and Variation
4.1 a Non digital Services
Subject to clause 4.2 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you, then you are permitted within 24hrs after paying your invoice, to cancel your purchase of the Services.
4.1 b Digital Products and Services
Digital, Instant Access Services or Products (Like Courses, Consultancy Calls and Digital Documents) are non refundable.
4.2. Notwithstanding clause 4.1a there is no other right to cancel or vary your purchase of Product or Services and any other cancellation.
5.1. The Fees for the Services shall be as set out on the invoice or as told to you at the time you placed an order.
5.2. All Fees are payable immediately and before any service commences, unless otherwise agreed in writing with us.
6.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.
6.2. Although firstname.lastname@example.org aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by you on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this agreement.
6.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. Subject to clause 6.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
6.4. Subject to clause 6.5 below, Day by Day's total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant service in relation to which a dispute has arisen.
6.6. No claim may be brought more than 3 months after the purchase of the service or product or for more than what has been paid within the past 6 months for your product or service.
7. Intellectual Property
7.1. All Intellectual Property Rights within the service or product are, and remain, the intellectual property of Day by Day or its licensors, whether adapted, written for or customised for the Client or not.
7.2. You are not authorised to:-
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Materials included in your service or product without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Lessons given
(iii) use the Materials in the provision of any other materials or training whether given by us or any third party trainer;
(iv) remove any copyright or other notice of Day by Day on the Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the materials.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services or product, including but not limited to access to the material.
7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Materials and the software in respect for the sole purpose of completing the paid for product or service.
8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions and shall return it on demand and not retain copies of it.
8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of these terms and conditions.
9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
fail to pay when due your Fees;
act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of email@example.com ,
are in breach of these terms and conditions.
9.2. On termination clause 6 (liability), 7 (intellectual property rights), and 8 (confidentiality) shall continue notwithstanding such termination.
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
11. Entire Agreement
These terms and conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
If you have any queries regarding these terms and conditions, please contact me firstname.lastname@example.org