Simply-Docs offer | terms and conditions
These documents are brought to you by Atom Content Marketing on behalf of Simply-4-Business Limited. We cannot provide any documents to you until you have agreed to the Terms and Conditions below. Please read the following Terms and Conditions carefully, and if you wish to proceed tick the box confirming your acceptance. Once accepted these Terms and Conditions will form the contract between Atom Content Marketing, Simply-4-Business Limited and you. You will then be asked to provide your card details. After payment of the Fee is processed, Atom Content Marketing will email the selected documents to you at the email address you provide.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
"Fee" : means the fee paid by Users to access and use the Product;
"Permitted Use" : means the use of the Product as set out in Clause 2;
"Product" : means the forms and documents provided by Atom Content Marketing on behalf of Simply-4-Business through this Website;
"Atom Content Marketing" means Atom Content Marketing of City Point, Temple Gate, Bristol BS1 6PL (references to "we", "us" and "our" should all be read as referring to Atom Content Marketing);
"Simply-4-Business": means Simply-4-Business Ltd t/a Simply-Docs of Unit 100 Parkway House, Sheen Lane, London SW14 8LS;
"User" : means any third party that accesses the Website and is not employed by Atom Content Marketing or Simply-4-Business and acting in the course of their employment (references to "you", "your" and "yours" should all be read as referring to you as a User); and
"Website" : means the website that you are currently using (www.startupdonut.co.uk) unless expressly excluded.
2. Permitted Use
Subject to the payment of the Fee and subject to the restrictions in Clause 3 below you shall be granted a non-exclusive perpetual licence:
2.1 to use the Product and any of the forms and/or documents therein for your own personal and/or business purposes;
2.2 only for the purposes of supporting the Permitted Use, to reproduce, print and make back-up copies on any computer system; and
2.3 to copy, modify, adapt, merge, translate, disassemble, or create derivative works based upon the whole or any part of the Products.
3. Exceptions and Restrictions
3.1 The Permitted Use is subject to the following exceptions and restrictions:
3.1.1 You will not sell any of the Product (or any part thereof) to third parties;
3.1.2 You will not distribute any of the forms and/or documents contained within the Product (or any part thereof) to third parties for sale or resale (or free of charge) whether as part of a package or as a separate product;
3.1.3 You will not use the Product (or any part thereof) for any purpose which rivals or competes with Atom Content Marketing or Simply-4-Business. In the event of a dispute between a User and Atom Content Marketing or Simply-4-Business it shall be for Atom Content Marketing and Simply-4-Business to define "rival" and/or "competing" purposes; and
3.1.4 You will not rent, lease, sub-licence or loan any of the Products (or any part thereof) to third parties.
3.2 Subject to sub-Clause 3.1, you may use the Product in the course of your business to facilitate and execute transactions and to manage any and all relevant business affairs, which purpose may require the distribution of copies of the forms and/or documents contained within the Product to third parties.
3.3 The restrictions in sub-Clause 3.1 are subject to the provisions of the Copyright Designs and Patents Act 1988. Simply-4-Business waives its moral rights contained in Sections 77 – 79 of that Act.
3.4 The copyright and all other applicable intellectual property rights in the Product remain the sole property of Simply-4-Business.
3.5 All restrictions in this Clause 3 shall apply to the Product, any and all parts thereof, and any derivative works created by you using the same.
3.6 All licences, consents and restrictions contained in these Terms and Conditions shall be limited to the normal duration of copyright in literary works as defined in the Copyright Designs and Patents Act 1988, Section 12 (the life of the author, plus 70 years).
Simply-4-Business shall at all times retain ownership of the Product, save for any new documents that are created and completed within the permission granted by sub-Clause 2.3 of these Terms and Conditions.
5. Fees, Payment and Purchases
5.1 All Fees appearing on this Website are exclusive of Value Added Tax. Value Added Tax shall be added to any and all sums due at the point of sale.
5.2 All transactions processed through this Website are handled by PayPal Inc. No payment details are collected or processed by Atom Content Marketing. We do not accept responsibility for any problems you may have in making payment through PayPal Inc.
5.3 Upon the successful completion of payment, the Fee Period of one calendar month shall commence. Immediately following the end of the Fee Period, the Free Period of 11 calendar months shall commence. During both the Fee Period and the Free Period you shall have access to the Product (or the relevant part thereof as determined by your subscription).
6. Product and Liability
6.1 Simply-4-Business will use reasonable endeavours to correct any defects in the Product of which we are made aware in a timely manner.
6.2 Neither Atom Content Marketing nor Simply-4-Business will be liable for any loss of any kind including lost profits or other consequential losses arising from your use or inability to use the Product or from errors or deficiencies in any part of the Product.
6.3 You should ensure that any Product (or part thereof) acquired from Atom Content Marketing on behalf of Simply-4-Business is appropriate and complete in all respects for its intended purpose. We give no representation or warranty that such material will be fit for its intended purpose, useful to you or of satisfactory quality.
6.4 You acknowledge that any Product (or part thereof) purchased may, in the future, need to be amended in response to changes in the law or commercial practice. We are not responsible for advising you of any such changes or amendments.
6.5 No liability shall attach to Atom Content Marketing or Simply-4-Business, our directors or officers, our employees, or retained consultants for loss or damage of any nature suffered as a result of the use of the Product or for any errors or omissions in the contents of any forms or documents.
We operate a refund policy that shall, at all times, be subject to our discretion. Any User wishing to receive a refund should contact us for further information.
8.1 You acknowledge that the information, documents and forms provided by Atom Content Marketing on behalf of Simply-4-Business are not intended to replace legal or other professional advice and that we strongly advise that such advice be sought in all cases where such advice is necessary or appropriate and particularly in any circumstances where you are in any way unsure about the legal aspects of the Product or related matters.
9. Changes to the Website, the Product and these Terms and Conditions
Atom Content Marketing and Simply-4-Business reserve the right to change this Website, the Product and these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes.
10. Availability of the Website and the Product
10.1 This Website and the Product are provided "as is" and on an "as available" basis. We give no warranty that the Website or the Product will be free of defects and/or faults.
10.2 We accept no liability for any disruption or non-availability of this Website resulting from any causes including, but not limited to, internet service provider equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Failure by Simply-4-Business or Atom Content Marketing to enforce the performance of any provision in these Terms and Conditions shall not constitute a waiver of the right to subsequently enforce that provision or any other provision. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
In the event that one or more of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
13. Data Protection and Privacy
13.1 Atom Content Marketing collect, hold and process all personal data in accordance with your rights and our obligations under the Data Protection Act 1998, and we take appropriate steps to ensure that your information is protected consistent with the principles set out in that Act, any other privacy laws, these Terms and Conditions, and our Privacy Statement, whether that information is held by us or shared by us with our agents or contractors.
Collection and Use of Customer Data
13.2 We collect the data itemized at 13.3 below when you register with us. Since we need to collect and hold this information in order to make the Product available to our customers, we will only register you as a customer once you have provided this information.
13.3 We collect the following data from you when you register as a customer:
13.3.1 Your full name;
13.3.2 Your company or business name;
13.3.3 Your email address;
13.3.4 Your company size;
13.3.5 Your company sector.
13.4 We do not collect any other data from you or any others except as set out in 13.3 above and except for anonymous, aggregated information derived from Google Analytics and cookie technology about your use of our website, and personal data relating to the documents and forms downloaded by you, which we collect and use as further detailed in our Privacy Statement.
Disclosure/transfer of customer data to third parties
13.5 We may subsequently share any of that data with certain third parties as follows, but not otherwise. However, we will not sell, rent, or lease any of that data to them or to any other third parties and we will not otherwise provide any of it any third parties for any other purpose.
13.6 We may transfer any of the data listed and described at 13.3 and 13.4 to any third party who we engage from time to time to act for us for the purpose of enabling that third party to either:
a) carry out market research for us; or
b) offer you products, services, facilities or other things which are available either from Simply-4-Business, Atom Content Marketing or, by arrangement with us, from that third party in our name, (including new products and services).
However, for the avoidance of doubt, we confirm that we will not transfer any such data to any third party for the purpose of any other market research, marketing, sales or similar purpose by that or any other third party.
Transfer of customer data to our contractors/suppliers within or outside the European Economic Area ("EEA")
13.7 To the extent necessary for the purpose of administering our business and providing our products, services and facilities to customers, we may transfer any of the data listed at 13.3, and personal data relating to the documents and forms downloaded by you, to third parties within the EEA who we engage from time to time to provide us with any services or facilities which we use for that purpose.
13.8 We may from time to time transfer to our contractor(s) outside the EEA any of the data listed at 13.3, and personal data relating to the documents and forms downloaded by you, for the sole purpose of it providing us with certain IT services which facilitate our provision of services via our website and of email communications to those who register with us. That transfer is permitted under the Data Protection Act if there is a contract between us and the relevant contractor which includes certain provisions prescribed for that purpose by the European Commission. We confirm that we will only transfer any of that data to any such contractor(s) if at the relevant time there is such a contract between us and the contractor(s) concerned.
13.9 Other than as stated in paragraphs 13.3-13.8 above and in our Privacy Statement, we do not collect or hold any information that you provide or transfer it to or share it with others within or outside the EEA, except when we believe in good faith that the law requires it or that it is necessary in connection with any actual or prospective legal proceedings.
14. Law and Jurisdiction
These Terms and Conditions are governed by the laws of England and Wales. Any dispute relating to these Terms and Conditions shall fall within that jurisdiction.