Terms and Conditions
1. Definitions
Agreement - these terms and conditions together with the Specification
Services - the services listed in the Specification
Specification - the Account Start up Form
Start Date - the start date in the Specification
Us, we, our - Legal Costs Associates, 1 Universal Square, Manchester M12 6JH
You, your - the organisation, and the employees of the organisation, requiring the Services whose details are set out in the Specification
Unauthorised person – any person or organisation not issued with user name or password
2. Our Obligations
We agree to provide to you with COSMOS
We will use all reasonable endeavours to provide the Services without interruption and materially error free
We shall commence the provision of the Services on the Start Date as set out in the Specification
3. Your Obligations
During registration for any of the Services, we will issue your users with a username and a password, which are essential for your secure use of the Services. You will be responsible for keeping this information confidential and agree to take all necessary steps to ensure that it is kept secure and not disclosed to any unauthorised person. If you think that one of your usernames or passwords have been discovered or is being misused by someone else then you must tell us immediately and take all steps necessary (or requested by us) to prevent such use. If we think there is likely to be a misuse of the Services because of a breach of security we may:
Suspend your use of the Services; and/or
Change your password and then notify you that we have done this
You acknowledge that we cannot guarantee that the Services will be uninterrupted or error free where you or your service providers have supplied us with incorrect information
We may accept instructions in connection with the Services from someone we are satisfied has your authority. You agree that you will be responsible for all use of the Services whether or not authorised by you
4. Liability
You agree that we are not liable in contract or tort (other than fraudulent or negligent misrepresentation) or otherwise arising out of or in connection with this Agreement for economic loss (including, without limitation, loss of revenue, profits, contracts, business or anticipated savings), loss of goodwill or reputation, any indirect, special or consequential loss, loss of data, suffered or incurred by you or any third party arising out or in connection with the provisions of the Services (or any part of them)
We do not limit our liability if you die or are injured as a result of our negligence or you suffer loss as a consequence of any fraud by us
We are not liable for any failure to perform our obligations if we are prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines, or other equipment; fire; flood or storm)
5. Termination
We can terminate the Agreement by giving you 28 days notice
You can terminate the Agreement by giving us 28 days notice
Upon termination of this Agreement your right to use Services shall immediately terminate and you shall immediately stop using the Services
We may suspend the Services (without being liable to compensate you):
In the event of a local or national emergency
To comply with a request from a government or other competent authority
To maintain the quality of our Services
If an event occurs which is beyond our reasonable control
6. Changes to the Agreement
We may alter and/or amend at any time:
Any aspect of the Services, provided such alteration or amendment does not require any material change to this Agreement
This Agreement, by giving you 28 days notice
7. General
Unless otherwise provided in this Agreement, any notices must be in English and sent by e-mail, post or delivered by hand as follows:
To you, at the address that you provide when applying for the Services unless you notify us otherwise
To us, addressed to Legal Costs Associates, 1 Universal Square, Manchester M12 6JH
This Agreement does not create a partnership, joint venture, agency or franchise relationship
You may not transfer this Agreement or any part of it to anyone else
We may sub-contract or assign the provision of the Services or any part of the Services to any other person
If any part of this Agreement is found to be illegal or unenforceable, this will not affect the validity and enforceability of the remainder of the Agreement
If either of us delay or fail to enforce any right under this Agreement that will not be deemed to be a waiver of that right and will not prevent that right or any other right or remedy from being exercised or enforced
This Agreement constitutes the entire Agreement between us relating to the provision of the Services and supersedes any previous agreements and understandings between us relating to the Services (except that we do not limit or exclude our liability to you in respect of any fraudulent misrepresentations)
This Agreement is governed by English Law and both parties hereby agree to submit to the exclusive jurisdiction of the English Courts in respect of any dispute or matter arising out of or in connection with this Agreement
At all times COSMOS, its design, programming and functionality remains the property of Legal Costs Associates Limited.