Sorpaid Terms & Conditions of Sale
Definitions
‘Sorpaid’ is a trading name of Chartmain Services Ltd. 'Peter Brown & Co' is a trading name of Undershot Ltd.
The ‘licensor’ is Chartmain Services Ltd, a limited company registered in England, company number 07217558, whose registered office is Acomb Grange, Grange Lane, York YO23 3QZ
The ‘licensee’ is the legal person with whom the licensor has contracted under these terms and conditions, or offers to so contract.
The ‘templates’ also referred to as ‘programmes’ are those templates designed to assist in producing charity accounts in conjunction with Excel, the industry standard spreadsheet programme published by Microsoft Inc, and VT, the addon to Excel, published by VT Software Ltd.
The 'contract' is any contract for the supply of templates and other documentation either by sale or licence arising either from an order in the standard form transmitted electronically from the web site of SORPaid, or in other written or verbal form communicated to the licensor by the licensee.
‘Use' means to load, execute, store transmit, display or otherwise utilise the templates for legitimate business purposes.
Any phrase or word such as ‘He’ shall include the female or plural equivalent.
Jurisdiction
Regardless of where the purchaser may be located any contract between the licensor and the licensee in relation to the templates is governed by the laws of England and is subject to the exclusive jurisdiction of the English Courts.
Contractual terms and conditions
1. A contract shall be created when an offer in the form of an order is communicated by the licensee, electronically, in writing or verbally, to the licensor and has been accepted by the licensor, such acceptance to be indicated by the supply to the licensee of instructions for downloading the templates from the internet, or the placing in the post a CD addressed to the licensee at the address communicated to the licensor.
2. The licensor shall be under no obligation to accept the offer from the licensee.
3. The contract shall incorporate all these terms and conditions, except where specifically modified by a written consent by the licensor. The licensee warrants that before communicating the order to the licensee he has examined these terms and conditions on the website of the licensee or in the manual of procedures which was supplied by download and has consented to them.
4. If the licensee does not agree with these terms and conditions, then the templates must be removed from the licensee’s computer and all passwords etc destroyed, and licensor should be notified in writing of the position, and any monies paid shall be refunded. If such written notice is not received within seven days of delivery of the templates, then the user will be deemed to have agreed to those terms and conditions.
5. Any payments due under the contract shall be paid to the licensor by cheque or bank transfer within one working day of the creation of the contract.
6. All disks, documents and other physical material supplied to the licensee by the licensor remain the property of the licensor
7. If the licensor does not accept the offer by the licensee, then any monies paid by the licensee shall be returned forthwith.
8. All contents of this software are suggestive and are no substitute for the exercise of professional skill by the user, and no warranty is given either explicitly or by implication that any accounts produced by this software will comply with any legislative requirement, SORP, Accounting or Auditing Standard without the application of such professional skill by the user.
9. The licensor reserves the right to charge the licensee on a fair time basis for any time spent in assisting the licensee with understanding or operating any aspects of third party software, including Microsoft Windows, Microsoft Excel or VT software
10. The manual and the templates are to be read together as one document, and using the templates for any purpose is deemed to be acknowledgement that any user has assented to these terms and conditions.
11. Copyright in Excel vests in Microsoft Inc. on their usual terms and conditions.
12. Copyright in VT vests in VT Software Ltd on their usual terms and conditions.
13. Copyright in the Charity templates vests in Chartmain Services Ltd, Acomb Grange, Grange Lane, York YO23 3QZ. The templates are supplied on the basis that while every care and effort has gone into their development, they are supplied to professional persons who will be expected to use their own skill and judgment, based on their experience, when they use these templates. Accordingly, no liability can be accepted howsoever arising to any person for any loss arising from the use of these templates.
14. The templates are licensed for use on one computer only, with permission to make and store a backup copy. If copies are made for use on additional computers then an additional license fee is payable in accordance with the current schedule on the wesbsite www.sorpaid.com.
15. In consideration of the acceptance by the licensee of these terms and conditions, and payment of the licence fee, the licensor grants a none exclusive, non assignable right to use the templates .
16. The licensee may use the templates on single personal computers or laptops to the maximum number for which a licence fee has been paid.
17. The licensee may transfer the templates from one computer to another owned by the licensee, provided they are not used on more than the number of computers at any one time that the licence permits.
18. Other than permitted under this agreement or by law, the licensee shall not
(a) use,copy, transfer, sell, sub licence, lease, mortgage, rent, loan, publish or distribute this programme to any other person
(b) alter, adapt, merge, modify, translate or create derivative works from the templates.
(c) Remove, change or obscure any of our or any third party proprietary notices, labels or marks
19. The licensee acknowledges that the licensor retains ownership of all intellectual property rights in and to the templates and any amendments made to it by us, regardless of form, including any back up copies the licensee shall make, and subject to this licence you shall not have any right to use them.
20. The licensee may use the templates and shall be entitled to such free upgrades as the licensor may issue for the period in the year following the date of the contract.
21. After the first anniversary of the date of the contract, the licensee shall be entitled to such upgrades from time to time as the licensor shall determine, provided that the licensee has paid an annual maintenance charge at the standard rate of the licensor then prevailing.
22. The licensee acknowledges that the allocation of risk in this agreement reflects the price paid for the templates and also the fact that it is not in the licensor’s control how, and for what purpose, the programme is used. In no circumstances, therefore, will the licensor be liable for any indirect, consequential, incidental or special damage, or loss of any kind (including loss of profits, business, chargeable time, anticipated savings, goodwill, any business interruption or loss or corruption of data) however caused and whether arising under contract, tort or otherwise.
23. The contract between the licensor and the licensee of the templates specifically excludes any liability arising to third parties under the Contracts (Rights of Third Parties) Act 1999.
24. In order to permit the immediate download of digital media, purchasers will be asked to indicate either that they are not consumers within the meaning of the regulations, or that if they are consumers they will be asked to indicate that they have given express consent, and have acknowledged that the right to cancel the contract under regulation 29(1) will be lost. If neither of these indications are forthcoming, the purchaser will be supplied with a cancellation notice and will have to wait 14 days for a download. Where the right to cancel has been lost the consumer will not benefit from a right to cancel |
