Terms and Conditions
1. INTRODUCTION
1.1 These Terms and Conditions, including the Multi-User Terms set out below, govern your use of the Simply-4-Business Ltd (t/a Simply-Docs) website and the Products provided through it. By using our website or accessing any Product, you agree to comply with and be bound by these Terms and Conditions, as well as the Multi-User Terms where applicable. The Multi-User Terms supplement the core Terms and Conditions and apply specifically to both Master Users and Sub-Users as defined therein. Both documents should be read together to fully understand the rights, responsibilities, and restrictions that apply to your use of our services.
1.2 This Website is operated by Simply-4-Business Limited, and we cannot provide any document templates, information or other items to you until you have agreed to the Terms and Conditions below. Once accepted, these Terms and Conditions will form the basis of the contract between Simply-4-Business Limited and you. You will then be asked to provide your card details. After payment is processed, you will be sent a login and password by email to allow you to access the Product.
2. Definitions and Interpretation
2.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
2.1.1 "Fee”: means the fee paid by Users to access and use the Product for one calendar month;
2.1.2 "Fee Period”: means one calendar month commencing on payment of the Fee;
2.1.3 "Free Period”: means eleven further calendar months immediately following the one calendar month Fee Period;
2.1.4 "Permitted Use”: means the use of the Product as set out in Clause 3;
2.1.5 "Product”: means the document templates, information and other items provided by Simply-4-Business through this Website which are packaged folders of items, each of which is made available subject to these Terms and Conditions, individually or collectively as one package;
2.1.6 "Simply-4-Business”: means Simply-4-Business Ltd t/a Simply-Docs of Unit 100 Parkway House, Sheen Lane, London SW14 8LS (references to "we", "us" and "our" should all be read as referring to Simply-4-Business);
2.1.7 "User”: means any third party that accesses the Website and is not employed by 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
2.1.8 "Website”: means the website that you are currently using (www.simply-docs.co.uk) and any sub-domains of this site (e.g. subdomain.simply-docs.co.uk) unless expressly excluded by their own terms and conditions.
3. Permitted Use
3.1 Subject to the payment of the Fee and subject to the restrictions in Clause 4 below you shall be granted a non-exclusive perpetual licence:
3.1.1 to use the Product and any of the document templates, information or other items therein for your own personal and/or business purposes;
3.1.2 only for the purposes of supporting the Permitted Use, to reproduce, print and make back-up copies on any computer system; and
3.1.3 to copy, modify, adapt, merge, translate, disassemble, or create derivative works based upon the whole or any part of the Products.
4. Exceptions and Restrictions
4.1 The Permitted Use is subject to the following exceptions and restrictions:
4.1.1 You will not sell any of the Product (or any part thereof) to third parties;
4.1.2 You will not distribute any of the document templates, information or other items 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;
4.1.3 You will not use the Product (or any part thereof) for any purpose which rivals or competes with Simply-4-Business. In the event of a dispute between a User and Simply-4-Business it shall be for Simply-4-Business to define "rival" and/or "competing" purposes; and
4.1.4 You will not rent, lease, sub-licence or loan any of the Products (or any part thereof) to third parties.
4.2 Subject to sub-Clause 4.1, 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 document templates, information or other items contained within the Product to third parties.
4.2.1 The restrictions in sub-Clause 4.1 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.
4.2.2 The copyright and all other applicable intellectual property rights in the Product remain the sole property of Simply-4-Business.
4.2.3 All restrictions in this Clause 4 shall apply to the Product, any and all parts thereof, and any derivative works created by you using the same.
4.2.4 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).
4.2.5 You acknowledge that our document templates, information and other items included on our website are made available for download by you on the basis that they are not instruments or other documents prepared for you by us or our employees or consultants, and it is your responsibility to ensure that you are entitled to prepare and customise our document templates as may be required by law.
5. Ownership
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 3.1.3 of these Terms and Conditions.
6. Fees, Payment and Purchases
6.1 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.
6.2 All transactions processed through this Website are handled by WorldPay UK Ltd. No payment details are collected or processed by Simply-4-Business. We do not accept responsibility for any problems you may have in making payment through WorldPay UK Ltd.
6.3 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).
7. Product and Liability
7.1 We will use reasonable endeavours to correct in a timely manner any defect in any Product item where we are made aware of such defect.
7.2 We will not 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 Product.
7.3 You should ensure that any Product (or part thereof) acquired from 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.
7.4 Document templates and other items are only made available by us to you as a starting point for you to prepare documents for your purposes. Before you use any item selected, you should edit and customise it as necessary to ensure that it is appropriate and complete to meet your requirements and circumstances or arrange for a suitable person to do so for you.
7.5 We are not a legal practice, and our Product is not intended to replace legal or other professional advice. Neither we nor our employees or consultants prepare any document for you or provide you with any legal advice. If you need help to prepare any document, or if you need advice as to suitability of any item for any purposes or as to any changes that you do or might need to make to any Product item, you should consult a suitably qualified legal or other professional adviser.
7.6 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.
7.7 No liability shall attach to 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 any of the Product or for any errors or omissions in the contents of any document templates, information or other items.
8. Refunds
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.
9. Changes to the Website, the Product and these Terms and Conditions
We 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.
11. Waiver
Failure by Simply-4-Business 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.
12. Severance
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 We collect, hold and process all personal data in accordance with your rights and our obligations under the Data Protection Act 2018 and the UK GDPR, and we take appropriate steps to ensure that your information is protected consistent with the principles set out in said legislation, any other applicable privacy laws, these Terms and Conditions, and our Privacy Policy, whether that information is held by us or shared by us with third parties.
13.2 For full details of our collection, use, and holding of personal data, information about your legal rights as a data subject and how to exercise them, please refer to our Privacy Policy.
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.
15. DISCLAIMER
This Disclaimer is part of the Terms and Conditions.
15.1 Simply-4-Business Ltd (t/a Simply-Docs) is an Internet based publishing business providing general information, forms, document templates and other items, subject to this Disclaimer and the other Terms and Conditions above. Simply-Docs is not a legal practice and nothing on this Website constitutes legal or other advice.
15.2 Simply-Docs takes reasonable steps to ensure that the information contained on this Website is accurate and up to date.
Simply-Docs may amend any form, document template or other item or add, replace, or remove any form, document template or other item without notice.
The information, forms and document templates are designed and offered in good faith only to provide a guide for common situations.
Simply-Docs furnishes both the information on this Website and its document templates, forms and other items without any express or implied representation, warranty, term or condition.
15.3 If you have any questions concerning the appropriateness or use (for your intended or any other purpose) of any form, document template or other item made available by Simply-Docs or the information contained on the Website you must seek independent professional legal advice.
If you wish to use one of our templates to prepare a document but you are not going to be a party to it, you should first consider whether, under the Legal Services Act 2007, it is an "instrument" and, if it is, whether it is lawful for you to prepare it.
15.4 Refunds will be given at the discretion of the management and subject to the Simply Docs Terms and Conditions.
Notwithstanding any other provision of either the Terms and Conditions or this Disclaimer, Simply-Docs, its agents, employees, contractors and sub-contractors will not be liable, whether in contract, tort (including negligence) or otherwise, for any special, direct, or indirect loss, damage, cost, expense, claim, demand or liability, or any loss of profit, revenue or anticipated savings, arising directly or indirectly from any omission from, error or defect in, or unsuitability of, any document template, form, information or other item available from Simply Docs or on its Website, or from the possession, publication, use of or reliance on any such document template, form, information or other item, or for incorrect completion, alteration, use, filing of, or inability to use, any such document template, form, information or other item.
16. MULTI-USER TERMS
16.1 These Master User Terms apply to both a Master User and a Sub-User (as both are defined below) in addition to and as a supplement to the Simply-Docs Terms and Conditions above. References in those Terms and Conditions to a “User” should be read in these Master-User Terms as referring to the Master User.
16.2 In these Master User Terms:
16.3 “Master User” means:
16.3.1 a User to whom we agree to grant a licence under Clause 3 of the Terms and Conditions for any particular Product(s);
16.3.2 where we further agree that that licence extends to the use of such Product(s) by one or more “Sub-Users” (as defined below) on behalf of that User and in addition to that User; and
16.3.3 where that User, in addition to personally using such Product(s) under the said licence, also nominates and permits one or more individuals to do so on the Sub-User Terms (as defined below) provided that each such individual is within the definition of “Sub-User”, as defined below.
16.4 “Sub-User” means any individual person within the Master User’s organisation who is nominated and authorised as such by the Master User to have access to and use any such Product as we may licence to the Master User as a User provided that we have not for any reason rejected the Master User’s nomination of that individual.
16.5 “Sub-User Terms” means those provisions of both these Master User Terms and the Terms and Conditions that govern the access to and use of any Product.
16.6 A Sub-User may access and make use of a Product only for the Master User’s business purposes and within the “Permitted Use” (as defined in the Terms and Conditions) and not for any personal or other purpose of the Sub-User, and accordingly all such access and use shall be subject to the same terms and restrictions as are applicable to the Master User. The email domain of a Sub-User’s email address must be the same as the email domain of the Master User’s organisation.
16.7 A Sub-User may not allow any other person or entity (whether within the Master User’s organisation or otherwise) to have access to or make use of any Product.
16.8 We may at any time carry out checks to ascertain whether or not any Sub-User(s) are or have been compliant with the Sub-User Terms. The Master User must, on request, provide us with any assistance or cooperation as is reasonably necessary for that purpose.
16.9 Sub-Users acknowledge that we allow the Master User to have access to, use, and storage of, all data and documents related to and arising from all proper access to and use of any Product(s) by its Sub-Users (e.g., document downloads, document history, usage logs).
16.10 Our Privacy Policy applies to Sub-Users as it applies to the Master User to the extent that it is relevant and applicable to a Sub-User rather than a Master User.
16.11 To the extent that the Master User is a data controller or data processor with respect to Sub-Users’ personal data, the relevant obligations and provisions of all applicable laws (including, but not limited to, the Data Protection Act 2018 and the UK GDPR) shall apply to the Master User’s collection, holding, and processing of such Sub-User data.
16.12 When a Sub-User is to cease as a Sub-User the following shall apply:
16.12.1 The Master User may at any time(s) in its discretion delete or deactivate a Sub-User by accessing the Master User’s account online and implementing that deletion or deactivation.
16.12.2 Except as follows, the consequence of deletion or deactivation shall be that that Sub-User will no longer be able to access or use any Product or related data, and that all personal data and other information and data related to that Sub-User or their previous access to or use of any Product(s) will be automatically permanently deleted.
16.12.3 When the Master User implements deletion and at the same time opts for the Sub-User’s account to be reallocated to a new Sub-User from the time of deletion, access to and use of the account shall continue without any change other than the change of Sub-User and Clause 10.2 shall not apply accordingly.
16.12.4 Where the Master User intends to delete any Sub-User, and the Master User wishes to retain access to and use of any data after deletion, it must, before deletion, ensure that it implements any such back up of such data (using its own backup facilities) as it decides it will need subsequently.
16.13 The Master User accepts that we will only permit a Sub-User to have access to and use any Product if the Sub-User first undertakes directly to us to be bound by the Sub-User Terms, and a Sub-User shall then be directly responsible and liable to us for abiding by them. Each Sub-User must give that undertaking in the manner that we specify during the process of logging in for the first time.
16.14 Each Sub-User must at all times comply with the Sub-User Terms.
16.15 If at any time we become aware of any non-compliance with any of the Sub-User Terms by the Master User, any Sub-User(s), or both, we shall be entitled, without prior notice to the Master User or the Sub-User(s) concerned, to suspend access to any Product or other data or item by all or any of the Sub-User(s) and/or the Master User, as appropriate.
16.16 The Master User will be responsible and liable to us for any non-compliance with the Sub-User Terms by the Sub-User. If there is any non-compliance with the Sub-User Terms by the Sub-User we shall, in our discretion, be entitled to exercise our rights in respect of that non-compliance against either the Sub-User concerned, the Master User, or both.
16.17 The Master User shall indemnify us against and hold us harmless from any and all claims, demands, liabilities, losses, expenses, costs (including legal fees), and damages suffered by, incurred by, or awarded against us arising out of or in connection with either any non-compliance by a Sub-User with any of the Sub-User Terms or any other act or omission of a Sub-User.
16.18 We will not intervene or be in any way involved in resolving any issue arising between the Master User and a Sub-User, including but not limited to any issue regarding Product, data or document access, use, or removal.
16.19 Upon any expiry or termination of the subscription period of a Master User’s account by either party, the period of the accounts of all of the Sub-Users of the Master User will automatically also expire or terminate at the same time.
16.20 When we need to communicate with any Sub-User(s), we will do so by email to the email address used for their account.
16.21 When:
16.21.1 a new customer wishes to subscribe from the outset as a Master User and accordingly to nominate one or more Sub-Users; or
16.21.2 an existing customer subscribing as a User subsequently intends to become and subscribe as a Master User as a result of nominating one or more Sub-Users; or
16.21.3 an existing customer subscribing as a Master User has previously added any Sub-User(s) and now intends to nominate one or more additional Sub-Users,
the following shall apply:
a) we will advise the customer, as part of the subscription process, of which subscription options are available in the circumstances together with the Fee(s) payable for each such option;
b) the Fee amount(s) quoted in each case will depend on the subscription option the customer chooses, the period of the subscription and the other relevant circumstances; and
c) the customer will advise us as part of the online subscription process of the option they wish to take up, and we will then indicate during that process the amount of Fees payable and how to pay those Fees.
