Terms & Conditions

Terms and Conditions for this and sister websites including:

www.practice-labs.com : Practice-Labs
*.practice-labs.com : Practice-Labs Hosting Services
www.practice-it.co.uk : Practice-IT
smart.practice-it.co.uk : SMART

Please read the terms and conditions (the 'Terms') of the Contract carefully. By signing the Order Form for the use of the Service, the End User agrees to be bound by the Terms set forth below. If the End User does not wish to be bound by these Terms, the End

User may not use the Service. The End User’s attention is specifically drawn to the provisions of clause 12, Exclusion of Liability and clause 15, Indemnity.

We do not belong to any trade organisations, professional bodies or supervisory authorities, nor do we subscribe to any particular codes of conduct.

1. Definitions

Customer Services Number: +44 (0) 203 588 7250

Contract

the written content made available on the End User Portal;

Documentation

the operating manuals and other documentation, material and Content made available by Us to You to be used in connection with the Service;

Electronic Communication

means an electronic communication between You and Us by fax or email;

End User

You, being an individual consumer, the end user of the Service as authorized by, and registered with, Practice-IT in accordance with these Terms;

End User Account

the account created by Us on the purchase by You of the Service to enable to You to access the Service via the End User Portal;

End User Portal

the web portal used by the End User to access the Service;

IPR

all rights to inventions, copyright and related rights, moral rights, trade marks and service marks, trade names, rights to goodwill or to sue for passing off or unfair competition, database rights, rights in confidential information (including know-how and trade secrets), in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, 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;

Order

Your contractual offer to buy Service(s) from Us, placed with Us through Our Website;

Practice-IT, Practice-Labs

I-Qubed Solutions Limited (company number: 05939097) trading as Practice-IT whose registered office is at

Yew Tree House,
Lewes Road,
East Sussex,
RH18 5AA

trading as Practice-IT and VAT registered No. is 900079851;

Practice Lab

the technology based lab platform where End Users can develop practical IT skills developed by Practice-IT;

Price

has the meaning given to in clause 7.1 of these Terms;

Proprietary Software

the proprietary software contained within the Service owned by Practice-IT and Practice-Labs;

Service

the provision of the training service including the Practice Labs and Documentation as set out on our proposal by Us to You for the purpose of information technology (‘IT’) learning;

Software

the Proprietary Software and the Third Party Software;

Third Party Software

those computer programs used in the development and building of the Service which are licensed to Practice-IT by third parties;

We, Us and Our

Practice-IT & Practice-Labs

Website

Practice IT’s website currently at :

www.practice-labs.com
labs.practice-labs.com
www.practice-it.co.uk
smart.practice-it.co.uk

You and Your

you, the End User.

1.1 In these Terms references to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.

1.2 In these Terms headings will not affect the construction of these Terms.

1.3 We may change, delete from or add to these Terms by giving You seven (7) days’ notice by posting the amended Terms on Our Website. By continuing to use this Website after that period You will be deemed to have accepted the new Terms.

2. Application of terms

2.1 Subject to any variation under clause 2.2 the Contract will be on these Terms to the exclusion of all other terms and conditions (including any terms or conditions which You may purport to apply under any order, confirmation of order or other document).

These Terms apply to all Practice-IT’s sales and any variation to these Terms and any representations about the Service shall have no effect unless expressly agreed in writing and signed by a director of Practice-IT. Nothing in this clause 2.2 will exclude or limit Our liability for fraudulent misrepresentation.

2.3 Each Order for Service by You to Us shall be deemed to be an offer by You to purchase the Service subject to these Terms.

2.4 No Order placed by You shall be deemed to be accepted by Us until a written acknowledgement of the Order is issued by Us or (if earlier) if We perform the Service, or part of the Service, for You.

2.5 You must ensure that the terms of Your Order are complete and accurate.

3. The Contract between us

3.1 Your use of Our Website, and the provision of the Service by Us to You is governed by these Terms, Our Privacy Policy[http://www.practice-labs.com/privacy.aspx] and Our Website Terms of Use [http://www.practice-labs.com/usage-terms.aspx]. It is Your responsibility to read the legal terms on Our Website carefully and to raise any problems with Us before You place Your Order

3.2 Subject to You complying with these Terms, We agree to provide You with the Service and We shall use Our reasonable endeavours to perform the Service in accordance with the parameters set out in the Order Form but time shall not be of the essence in the performance of the Service.

4. Our Promise

4.1 We will:

4.1.1 exercise reasonable care in compiling Our Website;

4.1.2 use reasonable efforts to make Our Website available to You at all times; and

4.1.3 take the steps set out in Our Privacy Policy to endeavour to secure any personal data you give to Us.

5. System requirements

5.1 In order to be able to access the online Service Your system must meet the following requirements:

5.1.1 have the browser requirements installed on Your workstation/PC as laid out in the help pages at http://www.practice-labs.com/help.aspx;

5.1.2 have a minimum 512kb broadband internet connection;

5.1.3 have 1024 x 768 screen resolution;

5.1.4 have Firewall port 80(http) and 443 (https) open; and

5.1.5 If you have a proxy in between Your workstation/PC and Our website You or Your system administrator must take respective steps to enable access Through this proxy device

5.2 You agree and acknowledge that if Your system does not meet any of the requirements set out in clause 5.1 above, or where information provided by You is inaccurate then We shall not be liable for any consequent failure in the performance of the Service. In addition, We shall be entitled to charge You on a time and materials basis for any action required to be taken by Us as a result of such failure, notwithstanding that We may not be able to perform the Service due to such failure.

5.3 You acknowledge and agree that the system requirements set out in clause 5.1 above, which may be changed by Us from time to time, are Your responsibility. The Service is not part of any other service or offering, and no purchase or obtaining of any other service shall be construed to represent or guarantee You access to the Service.

6. Use of the Service

6.1 Your use of the Service is conditional upon Your prior acceptance of these Terms.

6.2 You shall have no right to access or use the source code of the Proprietary Software. Except as expressly permitted by these Terms, You shall not, to the extent that such action shall be prohibited by law, attempt to reverse compile, decompile, merge, modify, translate, disassemble or reverse engineer the Software, nor shall You amalgamate, amend, incorporate, modify, reproduce, translate or otherwise alter the same into or with any other software or use the same in conjunction with any other software.

6.3 You shall not attempt to make any part of the Service, Software, Content or the Documentation for it available, or otherwise allow access to the same to any third party, or share Your registration or any other details which would allow access to the same with any third party, except as required by law. You shall not use the Service, Proprietary Software, Content or the Documentation for the benefit of any third party or in the business of computer consultancy.

6.4 You acknowledge and agree that that if You are a business in the United Kingdom You will ensure that only one (1) End User will have access to the Service at all times. The End User shall be an individual and You agree that You shall not permit multiple users to use an individual End User Portal to access the Service. You agree to compensate Us for damages in the event that we become aware that an End User Portal is being accessed by more than one (1) End User.

6.5 You agree and acknowledge that We may monitor the use of the Service to ensure Your compliance with clause 6.4 above is maintained at all times and We reserve the right to terminate the provision of the Service(s) without refund if You continue to breach the provisions of clause 6.4 above after notice from Us to You that such a breach has occurred.

6.6 In the event that We become aware that an individual End User Portal is being accessed by more than one (1) End User, We shall have the right, but not the obligation, to terminate the licence contained in clause 6.5 as a result of such termination without any refund of the Price paid by You (or any other fees paid by You under the Contract) and We shall not be liable for any loss to You arising out of such termination.

6.7 In consideration for the payment of the Price paid by You for the Service You will be granted a non-exclusive, non-transferable, worldwide, perpetual licence (excluding the right to sub-licence) to use the Software under these Terms.

7. Cancellation Policy

7.1 All orders are final and You cannot cancel Your Contract with Us once We have accepted Your Order and We have provided the Service, or part of the Service, to You. You do not have a right to withdraw from the Contract once delivery of the Service has started.

8. Cancellation by Us

8.1 We reserve the right to cancel the Contract between Us if:

8.1.1 You are either not able or not authorized to enter into the Contract with Us; or

8.1.2 one (1) or more of the Service(s) You ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by Us from Our suppliers.

8.2 If We do cancel Your Contract We will notify you by Electronic Communication and, subject to clause 8.3 below, will re-credit to Your account any sum agreed in the proposal within thirty (30) days of Your Order. We will not be obliged to offer any additional compensation for disappointment suffered.

8.3 In the event that the Contract between is cancelled for any reason and We have sent to You the Documentation You shall return to Us, at Your expense, the Documentation to our postal address. In the event that You fail to return to Us the Documentation or if the Documentation has be opened and/or removed from its packaging, We shall deduct from any refund due to You the cost of the Documentation.

9. Content usage rules

9.1 You are permitted to use the Service only for personal, non-commercial use, and not for re-distribution, transfer, assignment or sub-licence.

9.2 You are authorized to use the Service on one (1) End User Portal only.

9.3 You agree that Your acquisition of the Service constitutes Your acceptance of and agreement to use the Service solely in accordance with these Terms, and any other use of the Service may constitute a copyright infringement. The security technology, if applicable, is an inseparable part of the Service. These Terms govern Your rights with respect to the Service.

10. Exclusions and limitations

10.1 We do not represent or warrant that access to Our Website, or any part of it, will be uninterrupted, reliable or fault free or that any of its contents will be accurate, complete or reliable.

10.2 Save as precluded by law, We will not be liable to You for any indirect or consequential loss, damage or expenses (including loss of profits, loss of business, anticipated savings, sales or turnover, or goodwill, loss of contract, customers, loss of, or loss of use, of any software or data, loss of use of any computer or other equipment or plant, wasted management or other staff time, losses or liabilities under or in relation to any other contract howsoever arising out of any problem You notify to Us under this clause 10.2) and We shall have no liability to pay any money to You by way of compensation other than to refund to You the amount paid by You for the Service(s) in question under clause 7.1 above.

10.2 Save as precluded by law, We will not be liable to You for any indirect or consequential loss, damage or expenses (including loss of profits, loss of business, anticipated savings, sales or turnover, or goodwill, loss of contract, customers, loss of, or loss of use, of any software or data, loss of use of any computer or other equipment or plant, wasted management or other staff time, losses or liabilities under or in relation to any other contract howsoever arising out of any problem You notify to Us under this clause 10.2) and We shall have no liability to pay any money to You by way of compensation other than to refund to You the amount paid by You for the Service(s) in question under clause 7.1 above.

10.3 We expressly agree that should any limitation of liability clause contained in these Terms be held to be invalid under any applicable legislation (primary or otherwise) or rule of law by reason of some part of that clause or provision it shall, to that extent, be deemed omitted, but if We thereby become liable for loss or damage which would otherwise have been excluded or limited, as the case may be, such liability should be subject to the other applicable limitations and provisions set out in these Terms.

10.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Service(s) from our site. The importation or exportation of certain of our Service(s) to You may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Service(s) You purchase.

10.5 Notwithstanding the foregoing, nothing in these Terms is intended to limit any rights You might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit Our liability to You for any death or personal injury resulting from Our negligence.

11. Intellectual Property

11.1 Unless otherwise agreed in writing by Us, all IPR remains vested in Us and no IPR shall, in any way, be conferred to You. All information and materials provided to Us by You shall remain Your property and We will not obtain any IPR, rights, title, or interest therein.

11.2 The Proprietary Software and all IPR of whatever nature in such Proprietary Software, including any improvements made to it by You, shall remain Our property. We reserve the right to grant licences to use such Proprietary Software to any other party or parties, provided that any such licences do not affect the provision of any part of the Service to You pursuant to the Contract.

12. Data Protection

12.1 You agree that, in relation to the information held from time to time, We may:

12.1.1 use the information to perform Our obligations and enforce rights under these Terms; and

12.1.2 use the information to inform You about products or services which may be of interest to You.

12.2 You have the right to receive details of the personal information held by Us from time to time. A fee of £10.00 will be payable upon a request for such information.

12.3 For more detailed information on the use of Your data please refer to Our Privacy Policy http://www.practice-labs.com/privacy.aspx.

12.4 We agree that We will comply with the EU Data Protection Directive (95/46/EC) and the Data Protection Act 1998 and/or other applicable law or regulation as they may be amended from time to time.

13. Indemnity

In the event that We become aware that are using the Software in any manner contrary to these Terms, You agree to indemnify Us and hold Us, Our employees, affiliates, agents, business partners and employees harmless from any claim, action, liability, loss, damage, expense or demand (including reasonable legal fees), made by a third party arising out of breach if these Terms or any content that You submit or transmit to this Website, Your use of the Website or Your breach of these Terms.

14. Notices

Unless otherwise expressly stated in these Terms, all notices from You to Us must be in writing and sent to our contact address as set out in these Terms by pre-paid recorded delivery and all notices from Us to You will be by Electronic Communication or by first (1st) class post addressed to You at the delivery address on Your Order.

15. Events beyond Our control

We shall have no liability to You for any failure to deliver a Service You have ordered or any delay in doing so or for any damage or defect to a Service delivered that is caused by any event or circumstance beyond Our reasonable control including, without limitation, strikes, Acts of God, war, riot or terrorist action, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident, impossibility of use of private or public telecommunications networks, web servers and any other technology required to deliver the Service, or increased expense in obtaining workmen, goods, technology or raw materials in connection with the performance of these Terms.

16. General

16.1 If any part of these Terms is unenforceable (including any provision in which We exclude our liability to You) the enforceability of any other part of these Terms will not be affected.

16.2 In the event that any of the Terms shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining Terms, which shall continue to be valid to the fullest extent permitted by law.

16.3 You acknowledge and agree to be bound by the terms of our Privacy Policy.

16.4 Except for Our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

16.5 Any Electronic Communication shall be deemed to be received when the party to whom the Electronic Communication is addressed is able to access it.

16.6 If We choose to ignore a breach of any of these Terms on one (1) occasion, We may still take issue with You if You breach the same or any other Term after that breach.

16.7 We may perform any of Our obligations or exercise any of Our rights ourselves or through any third party provider.

16.8 The Contract between Us shall be governed by and interpreted in accordance with the laws of England and Wales and the Courts of England and Wales shall have exclusive jurisdiction to resolve any disputes between us.

16.9 These Terms, together with our current website prices, the general information about Us, Our Website Terms of Use and Privacy Policy, set out the whole of our agreement relating to the supply of the Service to You by Us. Nothing said by any sales person on our behalf should be understood as a variation of these Terms or as an authorized representation about the nature or quality of any Service offered for sale by Us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.