1. Other Agreements
If there is any conflict between these terms and conditions and those on the Web Site then these terms and conditions will prevail. These terms are separate from any free trial or other offer period terms that you may or may not have entered into before signing up to this Agreement.
2. Use of the Programme
In consideration of payment by you to Alfiesoft, Alfiesoft grants to you the limited right to use the Service from the date of acceptance of this Agreement unless terminated by either party in accordance with the terms detailed below. You may only use the Service for your non-commercial personal use and the use of teachers and learners within your school for the purposes of education and assessment (the “Purposes”). The Service is provided by and the Service Materials are owned by ALFIE.
Alfiesoft issue invoices for the Charges and collect the Charges. Invoices shall be issued on the same day that the parties complete this Agreement (for the Charges relating to the duration) or 28 days prior to the relevant Anniversary Date (for the Charges relating to each subsequent Year). Payment terms are 28 days. Alfiesoft reserves the right to suspend the performance of all or any of its obligations under this Agreement while any undisputed amount payable under this Agreement is outstanding for more than 14 days after the due date.
This Agreement does not provide you with title to or ownership of the Service Materials nor does this Agreement provide you with any exclusive or perpetual right to use the Service Materials beyond the limits of this Agreement.
5. Restrictions on Use
You shall not alter, modify, adapt or translate the whole or any part of the Service Materials in any way whatever or permit the whole or any part of the Service Materials to be combined with or become incorporated in any other computer program nor decompile, disassemble or reverse engineer the same nor attempt to do any of such things.
Teachers are required to use passwords in order to access the Service. Learners are required to use personal details to access the service. The responsibility of ensuring that the passwords and personal details are not revealed or disclosed to any third party is with you and you must use all reasonable endeavours to keep them secure. If you become aware that a third party knows or has discovered the passwords, you must contact: email@example.com or telephone 08456 171 500. You must observe any user instructions of which ALFIE may notify you from time to time. These user instructions may be liable to change and if this happens ALFIE will notify you, and you must observe any new user instructions of which ALFIE notifies you.
7. Improvements, changes and Updates
ALFIE reserves the right to: a) Add additional functionality to the Web Site, b) Provide additional services from time to time, c) Introduce updates to the Service, which may at ALFIE’s sole discretion either be provided as part of the Service or provided for an additional fee. ALFIE may withdraw content at any time for educational reasons, but will try to give as much notice as possible.
8. Intellectual Property
Unless stated otherwise, any intellectual property rights arising in respect of the Service and the Service Materials belong to ALFIE and/or its licensors. Any use of such intellectual property rights or software is strictly prohibited except where expressly allowed under this Agreement. The “ALFIE” name and the ALFIE logo are marks of ALFIE. You are not permitted to use or reproduce or allow anyone else to use or reproduce these marks for any reason.
9. System Requirements
ALFIE aims to use appropriate technology to ensure that you are provided with the best quality of service. As such the functionality of the ALFIE service may change from time to time and ALFIE cannot guarantee the availability of the Service on any particular system or browser. The operation of the Service requires Internet connectivity. You are responsible for making appropriate arrangements with an Internet service provider.
10. Limitation of Liability
ALFIE will provide the Service with its reasonable skill and care. However ALFIE does not warrant that the functions and content contained in the Service will meet your requirements or that the operation of the Service or Web Site will be uninterrupted or error free. The warranties and conditions stated in this Agreement are in lieu of all other warranties, conditions or other terms whether express or implied.
11. Limitation of Remedies
ALFIE’s liability in respect of the use of or inability to use the Service or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus shall be limited to the amount of the fee(s) paid by you to use the Service in the period of 12 months immediately preceding the event giving rise to such liability. ALFIE shall not be liable for any consequential loss. Nothing in this Agreement shall exclude or limit the liability of ALFIE for personal injury or death caused by its negligence.
12. Data Protection
In transmitting data to ALFIE, you warrant that you have all the necessary consents and authorisation to disclose personal data and are fully compliant with all applicable Data Protection legislation and will indemnify ALFIE from any losses, costs and penalties for breach of this warranty. ALFIE takes the issue of data protection very seriously and its policy is set out in its Privacy Statement that can be found on its Web Site. It is your responsibility to make sure that information that ALFIE holds about you and your learners is up to date and accurate.
13. Force Majeure
Neither party shall be under any liability to the other in respect of anything which, apart from this provision, may constitute breach of this Agreement arising by reason of force majeure, namely, circumstances beyond the control of the parties. In particular this clause applies to ALFIE being unable to supply the Service due to the failure of its own service providers from time to time.
Any notices to be issued under this Agreement may be made via email or post. Notices to ALFIE should be sent to its registered address or to firstname.lastname@example.org.
15. Governing Law
This Agreement shall be governed by English Law.
16. Third Party Software
Software of third parties is provided under the license terms of the relevant third parties.
If any part, term or provision of this Agreement is held to be illegal, unenforceable or in conflict with the law the validity or enforceability of the remaining clauses shall not be affected.
18. Third Party Rights
This Agreement does not create any rights in favour of a third party.
You may not assign, sublicense or otherwise transfer any of your rights under this Agreement. ALFIE may assign the benefit and the burden of this Agreement