stormbreak Plus Terms & Conditions
Where to find information about us and our products
You can find everything you need to know about us, Stormbreak, and our products on our website, before you subscribe. We also confirm the key information about our products in your online account via your membership page. These terms and conditions apply to Stormbreak Plus, which is the premium suite of digital products and services exclusively available to our existing customers (Stormbreak Plus).
When you subscribe to Stormbreak Plus you are agreeing that:
This is our entire agreement with you
These terms constitute the entire agreement between us in relation to your purchase of Stormbreak Plus. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this contract.
How your contract with us is formed
We contract with you through your online account within your membership page. Once you have visited your membership page and selected your organisation size, we will provide you on screen, with the price for Stormbreak Plus (based on your organisation size) (Subscription Fee), for a twelve (12) month subscription period (Subscription Term). Your Subscription Fee is processed by Stripe and once successful payment is received, we email you to confirm we've received your order (which constitutes an offer by you to purchase Stormbreak Plus) to confirm we've accepted it, at which point the contract shall come into existence (Commencement Date).
We charge you when you order
We charge you for the Subscription Fee for the Subscription Term when you order.
You have no set-off rights
You must pay all amounts due to us under this contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
We're not responsible for delays outside our control
If the supply of Stormbreak Plus is delayed by an event outside our control, such as technical issues, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team: firstname.lastname@example.org
There may be minor service interruptions
We do not guarantee that your use of Stormbreak Plus will be uninterrupted or error-free however we will use reasonable endeavours to fix any interruptions or errors as quickly as we are reasonably able.
We can suspend the supply of a product. We do this to:
deal with technical problems or make minor technical changes;
update Stormbreak Plus to reflect changes in relevant laws and regulatory requirements; or
make changes to Stormbreak Plus.
We may adjust the price
We reserve the right to increase the Subscription Fee on an annual basis with effect from each anniversary of the Commencement Date in line with the percentage increase in the Retail Prices Index in the preceding 12-month period and the first such increase shall take effect on the first anniversary of the Commencement Date and shall be based on the latest available figure for the percentage increase in the Retail Prices Index. We will inform you of any increase in the Subscription Fee within the reminder emails sent to you 1 month and 1 week prior to your automatic renewal date set out in the section below: Your contract will auto-renew .It is your sole responsibility to ensure that the email address in your account information is correct and up to date and that you check your junk folder regularly to ensure that you do not miss emails from us.
Your contract will auto-renew - YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
Your contract will automatically renew for subsequent periods of twelve (12) months upon the anniversary of the Commencement Date unless either we or you give the other written notice of termination at least seven (7) days prior to expiration of that contract year. We will send you reminder emails, to your nominated email address, one (1) month prior to expiration of your contract, followed by a one (1) week reminder.
You can cancel your contract with us
You can cancel your contract with us at any time by emailing email@example.com with the subject heading “Cancel my subscription to Stormbreak Plus”. We will reply to you by email as soon as we can confirming that your contract will be cancelled at the end of the Subscription Term. You will not receive a refund for any portion of the Subscription Fee if you cancel your contract with us prior to the end of the Subscription Term. However, you will be entitled to continue to use Stormbreak Plus until the end of the Subscription Term.
We can end our contract with you
We can end our contract with you, or suspend your access to Stormbreak Plus and claim any compensation due to us if:
you don't make any payment to us when it's due and you still don't make payment within 30 days of our reminding you that payment is due;
you don't, within a reasonable time of us asking for it, provide us with information, we need to allow you access to our services (such as any updates in organisation size); or
we have reasonable reason to believe that you are misusing the digital services we provide to you (which is any purpose other than educational purposes).
If we terminate the contract with you for any of the above reasons, you shall immediately pay us all outstanding charges and interest for the reminder of the 12 month term.
You make the decision that Stormbreak Plus is the right product for you
It is your responsibility to determine that Stormbreak Plus is the right product for your organisation. We do not warrant or represent that Stormbreak Plus is suitable for your organisation. It is your responsibility to determine the suitability of Stormbreak Plus in your own educational environment and we are not liable should you determine that Stormbreak Plus is not suitable for your organisation’s educational needs.
We don't compensate you for all losses caused by us or our products - THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
Our liability. Except in respect of the losses described in Losses we never limit or exclude:
we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the Subscription Fee paid by you in the proceeding twelve (12) month period prior to the liability arising.
Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:
death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
fraud or fraudulent misrepresentation; or
any matter in respect of which it would be unlawful for us to exclude or restrict liability.
No implied terms about goods. We exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.
We use your personal data as set out in our Privacy Notice
How we use any personal data you give us is set out in our Privacy Notice: https://www.stormbreak.org.uk/terms-of-use/privacy-policy
Intellectual Property Rights
For the purpose of this clause (Intellectual Property Rights), Intellectual Property Rights shall mean: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
All Intellectual Property Rights in or arising out of or in connection with Stormbreak Plus shall be owned by us. We grant you, or shall procure the direct grant to you of, a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of this contract to use the Intellectual Property Rights for the purpose of receiving and using Stormbreak Plus for educational purposes within your organisation. You shall not sub-license, assign or otherwise transfer the rights granted to you in respect of the Intellectual Property Rights.
Resolving disputes with us
Complaints. Our Customer Service Team will do their best to resolve any problems you have with us or our products. Our Customer Service Team can be contracted at: firstname.lastname@example.org
These terms and conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms and conditions or their subject matter or formation.
Other important terms apply to our contract.
We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the contract.
Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.