Terms and conditions for subscription services

These terms and conditions apply to those who subscribe to Yoursafetypal.com or who access Yoursafetypal.com via any of our Affiliated Sites (as defined below).

1. Definitions

“Affiliated Sites”: www.palsafety.com; www.yoursafetypal.co.uk; www.safetypal.co.uk www.palsafety.co.uk; www.mysafetypal.co.uk or such other sites as shall be notified to the Customer from PAL from time to time

“Anniversary date”: 3 months from the date of initial service commencement and every 3 months thereafter.

“Customer”: any organisation or person which signs up to a Subscription

“Enhanced Services”: the Standard Subscription Services together with any additional services as shall be agreed in writing between the Customer and PAL from time to time.

“Minimum term”: 3 months from the date of service commencement.

“Operational working hours”: Monday to Friday 9am – 5.30pm excluding weekends, bank holidays and any other days PAL offices are formally closed, to be notified to the Customer in advance of such closure.

“PAL”: PAL Software Limited a company registered in England and Wales (Company number 9770430 whose registered office is at Laxton Lodge, Kneesall, Nottingham, NG22 0AH.

“Standard Subscription Services”: the PAL telephone and email advice line service; the Update briefings and the Access to online information to be provided by PAL in accordance with these terms and conditions

“Subscription”: the subscription for the Subscription Services in accordance with these terms and conditions

“Subscription Fees”: fees applicable to the subscription service elected for a subscription period.

“Subscription Period”: an initial term of 3 months and thereafter as agreed between PAL and the Customer.

“Subscription Services”: the Standard Services and/or the Enhanced Services as applicable

2. These terms and conditions

2.1 These terms and conditions apply to any and all Subscription Services supplied by PAL to the Customer as part of its Subscription. Additional terms will apply to training arrangements.

2.2 These terms and conditions will prevail over any terms and conditions used, contained, set out or referred to in any documents sent by the Customer to PAL.

2.3 These terms and conditions may be varied by PAL from time to time. PAL will give the Customer three months’ notice prior to any such change taking effect. In the event of any such variation PAL will publish any revised terms and conditions on its website at http://www.yoursafetypal.com/termsandconditions. If the Customer does not accept the revised terms and it notifies PAL accordingly then the existing terms will apply up to the next Anniversary Date or the date of termination of its Subscription (if earlier). If the Customer continues with its Subscription beyond the Anniversary Date after PAL has notified it of the changes then it will be deemed to have accepted the revised terms in full.

3. Minimum term & contract renewal

3.1 The Subscription Services are subject to a minimum term of at least 3 months.

3.2 After the expiry of the Minimum term the Customer may terminate the Subscription by providing no less than 3 months’ written notice in accordance with 10.1. Otherwise the Customer’s Subscription will continue indefinitely until the expiry of any served notice period thereafter.

4. PAL telephone and email advice line service

4.1 Only authorised and named users of the Customer are entitled to access the advice line service at any time during PAL’s Operational working hours.

4.2 Authorised named users of the Customer may access information services either through direct voice call to the dedicated advice line or via email.

5. Update briefings

5.1 Customers shall be entitled to attend any health and safety update briefings at any location.

5.2 Attendance at such briefings is subject to advance confirmation of attendance, as specified by the individual event, with spaces allocated on a first come first served basis.

5.3 PAL in no way guarantees availability of spaces at such briefings for Customers preferred time, date and location.

5.4 The Customer acknowledges that where spaces are unavailable, or where PAL has to cancel the update briefing for any reason whatsoever, PAL is under no obligation to refund any part of the Subscription Fees whatsoever.

5.5 Attendance at briefings is strictly restricted to one individual per Customer, with any attendees over and above this number being at the sole discretion of PAL, and subject to possible further fees for any additional attendees.

5.6 Subject to clause 11 (liability and insurance) PAL accepts no liability whatsoever for an acts or omissions of the Customer done or omitted to be done as a result of attending an update briefing.

6. Access to online information

6.1 Customers are entitled to full and unrestricted access to PAL’s on line portal including online guides and other notifications.

6.2 PAL reserves the right to amend, change, add or remove any documentation as necessary during the course of the service contract with the Customer without notice.

6.3 Information provided by PAL are for the benefit of the Customer’s own use and are not to be copied, printed or distributed to any third parties whatsoever without the prior written consent of PAL.

6.4 Subject to clause 12 PAL accepts no liability whatsoever for any actions taken by the Customer on reliance on information.

6.5 From time to time such access to documentation may be restricted or unavailable due to circumstances outside the reasonable control of PAL. Under such circumstances the Customer acknowledges that PAL is under no obligation to refund any part of the subscription fees whatsoever.

7. Fees – General

7.1 Returned direct debits can result in immediate suspension of the Services until the successful collection of any outstanding fees. Non collection of a direct debit which is of no fault of PAL, may also result in any outstanding fees becoming payable in full or the immediate cancellation of the contract. The Customer has no right of cancellation in these circumstances.

7.2In the event that a direct debit collection is returned unpaid, PAL retains the right to charge an administration fee of £15 for each returned direct debit.

7.3 All fees are routinely reviewed on the anniversary date and are subject to uplift based on indexation and service usage versus that reasonably expected. PAL will provide 30 days’ notice of any change to fees due.

7.4 All sums payable which are not paid on the due date shall bear interest from day to day at the rate equal to 8% per annum above the Bank of England base rate.

7.5 All fees and charges are quoted exclusive of VAT unless otherwise specified. VAT will be applied at the prevailing rate

8. Subscription Services

8.1 PAL will provide the Subscription Services with reasonable skill and care. Unless expressly agreed in writing no further conditions, warranties or representations are given by PAL in relation to the Subscription Services and any such terms are excluded to the fullest extent permitted by law.

8.2 Subscription Services will be provided to the Customer, and not to any other third party. PAL will not be obliged to provide any services to any third party nor will PAL accept any liability or duty of care to any third party whatsoever.

8.3 In order to allow PAL to provide the Subscription Services the Customer undertakes that it will and it will procure that its employees and agents will at all times:

a) provide PAL with complete, accurate and timely information, data and documents which may be requested;

b) co-operate fully with PAL in the provision of the Subscription Services and permit PAL to provide the Services free of obstruction and interference;

9. Termination

9.1 The Subscription may be terminated by PAL or the Customer at any time by providing no less than three months’ notice in writing, for any reason, following expiry of the initial minimum term of 3 months (or such longer minimum term as may be agreed).

9.2 PAL shall be entitled to terminate the Subscription immediately in the event that the Customer fails to make payment of any Subscription Fees or other fees which are due and payable or if it is otherwise in material breach of these terms and conditions.

10. Staff and Contractors

10.1 PAL shall be entitled to subcontract, delegate or assign the provision of any Subscription Services or any of its rights or duties under these terms and conditions.

11. Liability and Insurance

11.1 PAL’s aggregate liability including the liability of their partners, agents, subcontractors and employees in respect of any Subscription Services provided to you by PAL in connection with your Subscription or any other use of any Affiliated Site will be limited to the Subscription Fee payable by it for a 3 month period.

11.2 Nothing in these terms and conditions will limit or exclude PAL’s liability for death or personal injury arising as a result of PAL’s negligence.

12 Intellectual Property and Confidentiality

12.1 All intellectual property rights of any nature (including copyright) created or provided by PAL or its employees or associates shall be and remain the property of PAL and any such materials shall be licensed to the Customer for its internal use only.

12.2 The Customer undertakes to keep all publications and materials created by PAL confidential and not to copy, publish or distribute any such information, materials or documents to any third party without PAL’s prior written consent (save where such information is in the public domain or you are required to disclose such information by law).

12.3 The Customer agrees not to divulge or allow to be divulged any confidential information relating to the business or affairs of PAL and/or any other subscriber or guest to the any Affiliated Site other than to its employees or subcontractors who need to know such information or where the such party has consented to such disclosure.

13. General

13.1 The Customer warrants its power to subscribe to the Subscription Services and has obtained all necessary approvals to do so.

13.2 The Customer and PAL are independent of each other and nothing in these terms and conditions shall be taken as creating a relationship of agent to principal, employer to employee, partnership or joint venture between PAL or any other party. Neither of PAL nor the Customer shall be entitled to enter into agreements or other arrangements on behalf of the other.

13.3 PAL shall not be liable to the Customer nor or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of its obligations in relation to these terms and conditions , if the delay or failure was due to any cause beyond its reasonable control such as severe weather, a natural disaster, strikes, governmental action, terrorism, war and civil unrest.

13.4 By providing personal data relating to the Customer’s employees or agents to PAL, the Customer confirms that it is entitled to disclose that data to PAL under the terms of the Data Protection Act 1998 and related legislation and that PAL is entitled to process such data for the purposes of providing the Services.

13.5 PAL or the Customer may give any notice to the other by sending it by post addressed to their registered address or by sending it to such electronic communications address as may be notified to the other from time to time.

13.6 These terms and conditions will be governed and construed according to the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.