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*By entering this website you are deemed to have accepted the terms and conditions set out below. If you find these terms unacceptable, you must leave the website immediately.
1. The content of this website is the sole property of Cockerel Software Limited ("FormEvo"). All intellectual property rights existing in this site (including but not exclusively any copyright and design right) belong exclusively to FormEvo save where noted expressly to the contrary. You may download pages of this website to a local disk or other storage media and you may print off extracts of this site and share both within your organisation strictly on the basis that you do not do so for profit and on the condition that the copyright notice is preserved at all times.
2. Otherwise, reproduction of part or all of the contents of this website in any form is prohibited unless for personal use. None of the content of this website may be copied or otherwise incorporated into or stored on any other website, electronic retrieval system, publication or other work in any form whatsoever. You may not frame any part of this website. FormEvo is a trade mark owned by Cockerel Software Limited. Any other trade marks, registered or otherwise, remain the property of the appropriate trademark owner.
3. Whilst FormEvo has taken every care to ensure that the information on this website is accurate and up to date, no warranties express or implied are given as to the accuracy of the information contained on the website. No action should be taken or omitted in reliance of any information or advice placed on the website. All orders received are accepted strictly on the basis of our terms and conditions of business.
4. FormEvo shall not be liable for any loss or damage arising out of the use of any of the information on this website. Whilst every effort has been made to ensure that this website is virus free, we recommend that you take precautions against infection. FormEvo cannot accept any liability for damage sustained as a result of the transmission of viruses, worms, trojans or any other malicious content.
5. Unless otherwise specified, the materials on this website are directed at and are intended solely for use by those accessing the website from the United Kingdom mainland. FormEvo makes no representation or warranty that any product, service or information referred to or contained in this website are appropriate for use in other locations or jurisdictions. Those who choose to access this site from other locations or jurisdictions are responsible for compliance with any applicable local laws.
6. These exclusions of liability shall not apply in respect of death or personal injury caused by the negligence of FormEvo or any of its employees or agents. These Terms of Use shall be construed in accordance with and governed by English law. If any provision of these Terms of Use shall be deemed unenforceable or invalid then that provision shall be deemed severable from the remaining terms and those remaining terms shall be valid and enforceable to the fullest extent permitted by law. For the avoidance of doubt, nothing in these terms shall confer on any third party any benefit or the right to enforce any term or terms. Unless a contrary intention is expressed, nothing in this website shall be deemed to create a binding contract between FormEvo and any users of the website.
7. Any information acquired by FormEvo through your use of this Website will be processed in accordance with the Data Protection Act 1998 and any associated Statutory Instruments, Codes of Practice and subsequent Acts of Parliament. You should be aware that because of the global nature of the internet, your personal data is likely to be temporarily stored in jurisdictions beyond the EEA whilst in transmission. For further details please see our Privacy Policy.
8. "FormEvo" is a trading name of Cockerel Software Limited, a limited company registered in England and Wales under company number 03505184. Documents may be served on Cockerel Software Limited at its registered office:
Cockerel Software Limited
Third Floor, Citygate,
St James Boulevard
Newcastle upon Tyne
Tyne & Wear
NE1 4JE
9. Any links to external sites are provided for your convenience only. FormEvo does not approve of, endorse or otherwise recommend the content of any third party site and can accept no liability for the availability, suitability or content of such website(s) to which you will be moving.
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PRIVACY POLICY for FormEvo.co.uk Website users.
We treat your privacy seriously, please read.
By visiting https://www.formevo.co.uk (our ‘Website’) you accept and consent to the practices described in this Privacy Policy.
1. Introduction
For the purposes of the Data Protection Act 1998 (‘DPA’) and under the forthcoming General Data Protection Regulsation (‘GDPR’) the ‘Data Controller’ for this Website is Cockerel Software Ltd. We are a company registered in England and Wales with company number 03505184 and our registered office is at First Floor Citygate, St James’ Boulveard, Newcastle Upon Tyne, NE1 4JE. We are also registered with the Information Commissioner’s Office under registration number Z1599171.
The privacy and security of our clients is crucial to us. This Privacy Policy explains how we use the information we collect about you, how you can instruct us if you prefer to limit the use of that information, and the procedures that we have in place to safeguard your privacy. Issues relating to the confidentiality of information you submit to us in using our services are dealt with in our Standard Software Licence.
Our Data Protection Officer (‘DPO’) as required under the GDPR is Archie Courage and you can contact him via email here.
2. The information we collect and how we use it
In order to purchase services from us, we need to know your name, address, and email address and various other details. The information we gather from you is the minimum we require to deliver our services and we do not request or hold any information from you that is not strictly necessary to deliver our services. We gather this information to allow us to contact you efficiently and deal with your order. The relevant information is then used by us, and our agents to communicate with you regarding our services or as otherwise required. If you wish to register for our mailing service you will need to provide us with your name and email address. From time to time we may provide the information that you have provided in subscribing to our mail service or in purchasing products or services through the Website to our customer service agencies for research and analysis purposes so that we can monitor and improve the services we provide.
FormEvo is also used to store sensitive personal data on behalf of law firms and other organisations. We securely store and proccess sensitive personal data under the terms outlinted in this Privacy Policy and our Security Policy. This sensitve personal data may include national insurance details, passport numbers, marital status, dates of birth and death, names of relatives and any such essential information as we may require from time to deliver our services to you. If you are a client of a firm that uses FormEvo to store and process their sensitive personal data then any request for information must be made through that firm and not directly to FormEvo. We also recommend you have read and are familiar with their privacy policy to familarise yourself with their handling of your personal data.
We will also collect information automatically from you each time you visit our Website which may include technical information such as your IP address, your login information, browser type and version, your operation system and any active plugins as well as information about your visit e.g. what pages you visit on our Website, page response times, lengths of visits to each page and any general Website or download errors.
We may provide you with information about special features of our Website or any other services or products from Cockerel Software Ltd and associated organisations in the public and private sector that we think may be of interest to you. If you would rather not receive this information, please send a blank email message with the subject line “No Marketing” by following this hyperlink.
We may also want to provide you with related information from third parties we think may be of interest to you, but we will never disclose your contact details or any other data that might identify you with any third party save as detailed in this Privacy Policy. We may, however, share anonymised information about our users with third parties. If you would rather not receive information generated by third parties and curated by us, please send an email with the subject line “No Promotional” by following this hyperlink.
We use your information primarily to deliver our services to you and to help us improve our service continually along with our Wesbite and user experience. Aside from the matters laid out above, your personal data will not be disclosed to any third party save with your consent or as may be required by law.
3. Where we hold and what we do with your information
The information and content held on our Website is deployed geographically to maximise user experience. All information that could identify individuals within the European Union is stored exclusively within the European Union. We will never share your user information with third parties for promotional purposes.
We hold our data with Coreix who are contracted by use for the provision of technical services. We remain responsible at all times for the security of your information, but if you want to know more about how we interact with Coreix, you can view their Privacy Policy, amongst their other policies, here https://www.coreix.net/legal/privacy-policy/. You can find out more detailed information about Coreix and our other security measures in our detailed Security Policy.
4. Our use of cookies and other information gathering technologies
Cockerel Software Ltd employs information gathering technologies for the purposes of collecting information and statistics about the users of this Website, but such information will not be used to identify any individual.
You can find more information about the cookies we use and how we use them in our Cookies Policy.
5. How we protect your information
The internet is not a secure medium. We have put in place various security measures but you are advised to treat the internet as an insecure medium in all your communications with us.
We have policies and practices in place that not only ensure our compliance under the DPA but also the GDPR, including training and adequate procedures put in place for any staff that handle or have access to personal data or any other sensitive information.
6. Sale of business
If Cockerel Software Ltd is integrated into any company or organisation or its business is acquired by a third party, your details may be disclosed to our advisers and any prospective operators and their advisers and will be passed on to the new operators of FormEvo.co.uk.
7. Request for Information
Under the DPA and the GDPR, you have the right to find out about what information we hold about you. You can exercise that right by contacting us and we will send you any request for information in a suitable electronic form within 20 working days. Please contact us HERE if you’d like to make such a request.
You also now have the right ‘to be forgotten’ and to have your personal data permanently deleted from our systems. Again, if you would like to exercise this right then please HERE.
There will be no charge made for electronic access to your information or for your right to be forgotten from our systems.
8. Updating your details
If any of the information that you have provided to Cockerel Software Ltd changes, for example if you change your email address, please let us know the correct details by sending an email HERE.
9. Your consent
By submitting your information you consent to the use of that information as set out in this Privacy Policy. If we change our Privacy Policy we will post the changes on this page, and may place notices on other pages of the Website, so that you may be aware of the information we collect and how we use it at all times. We will also email you should you make any changes so that you may consent to our use of your information in that way. The new terms may be displayed on-screen and you will be required to read and accept them to continue your use of our Website.
END Last Updated July 2017
Cookies and FormEvo.co.uk
This site uses cookies. Cookies are small text files that are stored by your internet browser (e.g. Internet Explorer or Google Chrome) on your computer. They allow our website to store information such as your login name.
How do we use cookies?
We use cookies for storing a temporary session ID when you visit our website or sign in. We do not store any personal information in cookies, so this cannot be stolen or misused. In the event that we need to store any temporary data, it's stored on our servers and not in cookies. This information is cleared when you sign out.
We never use cookies to retrieve information from your computer which was not originally contained in the cookie.
Below is a list of cookies that are set by our website.
| Cookie Name | Cookie Type | Cookie Purpose |
| PHPSESSID | Session cookie | This cookie is used as a session cookie between pages on the site. It allows our web servers to respond to your actions on the website such as 'Login'. The website wouldn't work for you without it. This cookie expires immediately when you close your browser. |
| _cookies_notification | Persistent | This cookie tells us when you have clicked to accept the use of cookies on our site. It will remain on your computer for one year. |
| _utma, _utmb, _utmc, _utmz | Google Analytics | These cookies enable the function of Google Analytics. This helps us take and analyse visitor information such as browser usage and new visitor numbers. This information helps us to improve the website and your experience. The data stored by these cookies can be seen only by Cockerel Software (or Forms Online Ltd) and Google and never shows any confidential information. Please click here for information about how Google Analytics uses cookies. |
By continuing to use our site you consent to the setting of these cookies.
How do I turn cookies off?
It is possible to stop your internet browser from accepting cookies, or to stop it accepting cookies from a particular website. If you stopped accepting cookies from our website, you would not be able to download files or create returns.
Most internet browsers allow you to change your cookie settings. These settings will typically be found in the 'options' or 'preferences' menu of your browser. In order to understand these settings, the following links may be helpful, otherwise you should use the 'Help' option in your browser for more details.
• Cookie settings in Internet Explorer
We may use Adobe Flash Player to display video or image content. It may not possible to block or restrict flash cookies using your browser settings. Information on how to control Flash Player privacy and security settings is available from the Adobe website here.
If you would like to contact us about cookies please email us via info at formevo.co.uk
ClosePlease read the Terms of Use:
Introduction
We are Cockerel Software Limited and we own and operate FormEvo. FormEvo is a web-based service for the creation of legal forms.
As at the date of our launch, there is nothing similar to FormEvo available in the United Kingdom marketplace so we would appreciate it if you would read through our Terms of Business so that you understand how the differences between our business model and those of our more conventional competitors affect the terms upon which we provide the FormEvo service to you.
Cockerel Software Limited is incorporated in England & Wales under registered number 03505184. Our registered office is located at Third Floor, Citygate, St. James' Boulevard, Newcastle upon Tyne, Tyne & Wear, NE1 4JE.
These Terms of Business
We are going to use certain phrases repeatedly in this document. Where we do, they will have the meanings set out in this section.
| Archived Forms | Forms that you have saved or finalised and which may be retrieved at any time prior to the termination of your Registration; |
| Content | the Forms that are provided as part of the Service; |
| Fee | the standard fee charged for each form that you "finalise"; |
| FormEvo | the FormEvo service, as provided via www.formevo.co.uk; |
| Forms | the legal forms that make up the Content; |
| Intellectual Property Rights | all intellectual property rights of whatever nature in FormEvo and the Content, including trade marks, patents, design registrations and copyright, whether such rights are registered or not and including applications for registered rights where those applications have yet to be granted; |
| MR01.co.uk | the MR01.co.uk service, as provided via www.mr01.co.uk; |
| Our Content | Forms that we have designed to perform the function of and act as substitute for forms controlled by third parties that we are not licensed to provide; |
| Registration | the process you instigate in forming this contract with us, based on these Terms, and which state continues until your Registration is terminated in accordance with these Terms; |
| Template | a Form that you have completed and which is stored on FormEvo for repeated re-use; |
| Terms | these Terms of Business, as amended from time to time and including our Privacy Policy, Terms of Use and the details you provide as part of your Registration; |
| Third Party Content | Forms owned by third parties that we are licensed to provide; |
| Website | www.formevo.co.uk |
| You | you, our prospective user, or your employer in the event that you are subscribing on behalf of your business rather than as an individual; |
We make reference to various provisions and other types of legislation. Where we do this, the reference includes subordinate legislation made under those provisions and all amendments, modifications and re-enactments together with any new legislation or other provisions that are introduced by Parliament or any other competent authority for the purpose of replacing the provisions that we have referenced here.
The headings in this document are provided for ease of reference only and do not affect how the Terms are to be interpreted. Use of the singular includes the plural and use of one gender includes the other. When we use the word "including", what follows will not be a comprehensive or definitive list unless we expressly state that to be the case.
Where we refer to a person, this includes individuals, partnerships, companies of various kinds, government departments or public sector organisations such as NHS trusts and universities and any party of any description that is capable of suing or being sued. We are also referring to the successors, transferees or assignees of any of these parties, at least to the extent that such a transfer or assignment is permitted under these Terms.
These Terms contain a number of restrictions and obligations. These restrictions and obligations are to be interpreted so as to include an obligation to procure that the thing in question be done or not be done as the case may be and in the case of restrictions, also included is an obligation not wilfully to allow the thing in question to be done.
Your Registration
This document sets out the terms upon which we deliver FormEvo to you and it applies to all use made of FormEvo by all our users without exception. If you wish to register with FormEvo in order to use the service, you must accept these Terms of Business. You can indicate your acceptance of these Terms by checking the box at the end of the Registration process.
Although there are some limited parts of the website that you can use without registering, if you want to use FormEvo, you must complete your Registration first. Our contract with you is based on these Terms and the details you provide to us when completing your Registration.
When you have completed the Registration, you will have formed a legally-enforceable contract with us, either on your own behalf if you are registering as an individual or on behalf of your employer if you are registering on its behalf. Where you register on behalf of your employer, you confirm that you are duly authorised to bind your employer into a contract with us. If you are not appropriately authorised, this contract may, at our option, continue to take effect but the contracting party will be you as an individual and not your employer. You also confirm that you are 18 years of age or over and that you are capable of entering into binding contracts.
You may not transfer or sell your rights under this contract to anybody else nor may you use it as security for anything. The nature of running a service like FormEvo means that we may, for some reason have to assign our contract with you to another business (for example, as part of a restructure or if FormEvo is bought by another company) and so we reserve the right to do so should the need arise.
We may change these Terms from time to time and when we do, we will contact you to you notify you of the changes we have made. If you continue to use FormEvo after we have sent that notification, you will do so having accepted the new terms. If you do not wish to accept the changes we have made, you may terminate your account with immediate effect.
You can terminate your Registration at any time. Please see below for details of how to terminate and the consequences thereof.
The Service
You do not have to be legally qualified to use FormEvo. We do not require that you be a solicitor, a licensed conveyancer, a barrister, a legal executive, a patent attorney, a legal costs draftsman or any other form of legal professional. However, FormEvo has been designed on the basis that you have a degree of professional expertise. Whilst we provide some support in the operation of FormEvo (see below) as far as the Content is concerned, our obligation begins and ends with the provision of Content that satisfies the requirements of these Terms.
Although we will do our best to keep FormEvo live and functioning correctly at all times, FormEvo is provided on a 'pay-as-go' basis. We do not warrant that your access and use of FormEvo will be uninterrupted and/or error free. Any loss or damage you believe you have suffered because FormEvo is unavailable or the service has in some way malfunctioned is excluded.
We own all Intellectual Property Rights in FormEvo (aside from the Content, further to which please see below) and we confirm that we are free to grant you access to and use of FormEvo.
The Content
We warrant that all Content is current and up-to-date and that as long as it is used only for the purposes for which it was designed and is intended, it will be fit for those intended purposes. In the event that any form becomes obsolete as a result of a change in the law, we may suspend the form temporarily until we have prepared replacement. Alternatively, where the change required renders the old form out-of-date but not necessarily unusable, we may leave the old form live with a warning notice explaining the position. Should you choose to use the form, you do so at your own risk.
The Intellectual Property Rights in Third Party Content are owned by the respective proprietors thereof. We warrant that we are entitled to licence the Third Party Content to you.
Where we have been unable to obtain an economically viable licence (or any licence) from the owners of the rights in certain forms, we have created our own versions of those forms (referred to in these Terms as 'Our Content'). These forms are designed to extract and present precisely the same information as the forms for which they are designed to stand as substitute but we cannot guarantee that they will be accepted by third parties.
We own the Intellectual Property Rights in Our Content and we warrant that the use of Our Content will not infringe the rights of any third party. We will indemnify you against all liabilities, costs and expenses that you incur as a result of using Our Content. This indemnity is conditional on the following:
- The liability, costs and expenses you have suffered have arisen as a result of your use of Our Content only for the purposes for which it was intended;
- You give us notice of any alleged infringement as soon as you become aware of it;
- You provide us with sole conduct of the defence to any claim or action in respect of any alleged infringement and that you do not admit liability or otherwise attempt to compromise the claim or action unless we have given you written instructions to do so; and
- You act in accordance with our reasonable instructions including providing us with any assistance we might need in order to defend allegations of infringement (which might include commencing an action to obtain an injunction preventing a third party from making unwarranted threats of infringement).
You may use all Content only in the form in which it is delivered to you by FormEvo. If you make any changes to the wording or design of the Content other than the completion of fields that are intended for your input, all warranties given in these Terms relating to the Content will be void. You are not permitted to remove any copyright notice displayed on any Content.
Once you have completed a form, you may use it for the purposes intended for that Content. This includes making further electronic or hard copies. However, you may not alter, whether in hard copy or in any electronic form or in any combination of the two, any Content that you have confirmed in FormEvo as "finalised". If you need to make amendments to a form that you have completed on FormEvo and you are unable to do so, you will need to complete a new copy of that form.
Our Charges
There is no charge to register. You may use as many forms as you like of any description. In order to make use of a form that you have completed, you will need to "finalise" it and in so doing, you will be charged the Fee applicable for the Form in question.
Once you have registered, we may, at our option, offer you a credit account and if you wish to use a credit account, you must first complete a Direct Debit Mandate in our favour. Setting up a credit account will allow you to nominate further users within your organisation that will be permitted to use FormEvo via your registration. Any forms finalised by you or any colleagues you so nominate will be debited to your credit account and at the end of each calendar month, we will generate an invoice in electronic format. Seven days following the date of each invoice, we will debit from the account you have specified on your Direct Debit Mandate.
Use of the Direct Debit scheme is subject to the Direct Debit Guarantee (details of which are provided with the Direct Debit Mandate) and you may cancel the Direct Debit arrangement with us at any time, though if you do, your account will be automatically suspended and you will not be able to access saved forms or templates that you have created until you have made new arrangements with us. If the need arises, perhaps because you wish to switch to a different bank account, please let us know so that we can make the requisite changes (including issuing you with a new blank Direct Debit Mandate) and avoid any unnecessary interruption to your use of FormEvo.
If you fail to settle any invoice when it is due, we may charge interest at 5% above the base rate of Lloyds TSB Bank PLC as it stands at the time of the due date. We may also suspend or terminate your credit account and/or your Registration, at our discretion.
Confidentiality & Your Data
Forms may be saved either in draft format on FormEvo or may be downloaded (or printed) once 'finalised'. You may also create a 'Template' to save time later. Templates are Forms what have been partially completed before being saved on FormEvo. For example, a Template may be completed with your contact details or the name and address of your client as a party recorded on a form regularly used.
All Forms that you create are archived once they have been saved and finalised and can be retrieved at any time until your Registration has been terminated.
Templates and Archived Forms are stored by us securely and if you require details of our security arrangements, please contact us. We confirm that we shall treat all Templates and Forms (including draft Forms and Archived Forms) as strictly confidential and we will not disclose to any third party any Templates or Forms (whether Archived, draft or otherwise) into which you have inputted data save as directed by you or as required by law.
In this clause, we will refer to the Data Protection Act 1988 as "the DPA". Where we refer to personal data, we are using the term as defined by the DPA and we refer to data about you or your colleagues or relating to your clients or third parties that you have recorded in draft, completed or Archived Forms or otherwise stored in FormEvo (for example, as part of your Registration).
We will process all personal data you provide to us through FormEvo in accordance with the DPA and any associated or subsequent legislation, codes or practice or statutory instruments. We will process personal data provided by you only on your instructions and we will take reasonable precautions to keep your personal data secure, to prevent unauthorised disclosure and to ensure that appropriate steps are taken to guard against accidental loss, destruction or damage or any unlawful processing of your personal data.
We will not be liable for any breach of the DPA by any sub-contractor to whom we may lawfully pass your personal data but we will, if you request, provide you with a list of the sub-contractors who have access to your personal data in providing services for us. You give us your consent to process (as defined by the DPA) personal data about you for the purpose of providing FormEvo services to you.
You warrant that the data you upload to FormEvo will contain no material that is offensive, obscene, abusive, libellous, false, misleading, illegal, immoral, or otherwise unlawful save where you are doing so as part of legitimate legal process, such as recording such material as part of the particulars of claim recorded on a Claim Form. You confirm that you will use FormEvo only for the purposes intended and that you will not use it to distribute unsolicited commercial messages of for any other purpose for which FormEvo is not intended.
When you create your Registration you will be asked to choose a username and password and if you choose to make use of a credit account, you may set up your colleagues as users. It is your responsibility to ensure that a suitably secure password is chosen. We recommend at least 7 characters with a mixture of letters and numbers. You may also like to include a combination of lower and upper case and, if you are particularly daring, you might like to include punctuation as well. Please make sure that neither you nor your colleagues share passwords or usernames at all. Ever. If your account is hacked, there could be drastic consequences for you, your practice and your clients and if it happens because you are using insecure passwords or have shared your log-in details, we will not be liable under any circumstances.
Training & Support
We provide support only in the operation of FormEvo. How you use the Content is up to you and by completing the Registration process, you warrant that you are possessed of sufficient technical knowledge to make use of the Content.
We do not provide training services nor do we provide on-site support. We believe that if you have used packages provided by other legal forms providers, you will find FormEvo considerably more intuitive.
If, because of a fault in FormEvo, a Form that you have finalised is, once generated, garbled or indecipherable, we will refund in full both the payment you have made for the Form in question and the cost of your support call.
Termination
You may terminate your Registration at any time. Please follow the instructions on FormEvo. If you have a credit account, an invoice will be issued immediately or at the end of the calendar month (at our discretion) for the Fees that you have incurred and which have not been invoiced as at the date of the termination of your Registration.
We may, at our discretion, terminate or suspend your Registration should:
- you fail to pay when due any Fees;
- you use FormEvo to disseminate spam or in anyway to store or circulate material that infringes the intellectual property rights of others or is otherwise unlawful;
- you commence or enter into any form of insolvency proceedings, including entering into a voluntary arrangement with your creditors, become bankrupt or enter into liquidation (as applicable), administration or an encumbrancer take possession of or a receiver or administrator is appointed over any of your property or assets;
- you cease to trade or threaten to cease trading.
When your Registration is terminated, you will no longer be able to access your Archived Forms or any draft forms you are working on. Please make sure you have downloaded all material you wish to preserve post-termination.
Our confidentiality obligations and obligations under the DPA will continue notwithstanding the termination of your Registration for any reason as will the limitations to and exclusion of our liability under these Terms.
Liability
We will not be liable to remedy any breach of any warranty, undertaking or representation that we have given under these Terms where that breach or failure results from your misuse of FormEvo or your use of FormEvo for any purposes other than that for which it was designed or where the breach has arisen as a result of your breach of these Terms.
You accept that we have no in-depth knowledge of your business or your precise requirements and that the Content is provided, subject to the warranties give in these Terms, on an 'as is' basis. We do not warrant that the Content or the operation of FormEvo will meet your requirements or will be uninterrupted or error-free.
We have provided a number of warranties, conditions and representations About us and the Content in these Terms. Aside from these warranties, all conditions, warranties, terms, collateral contracts and undertakings relating to FormEvo and/or the Content, whether expressed elsewhere or implied by statute or common law, are hereby excluded to the fullest extent permitted by law.
You accept that you are best placed to assess the value of the data that we process for you as you use FormEvo. Although we will maintain adequate levels of security and business continuation in the event of a crisis and mindful at all times of our obligations to you under the DPA, we will not be liable under any circumstances for loss of data, loss of goodwill, loss of profit or of opportunity or any other form of so-called indirect or consequential loss (including loss or damage you suffer as a result of third party action) that you believe to have arisen as a result of a failure of FormEvo or some defect in the Content, whether such loss or damage was reasonably foreseeable or not or whether you had in fact told us of the possibility that you would incur this loss or damage.
Subject to the rest of this clause and these Terms generally, our entire liability in respect of our negligence or breach of these Terms shall be limited to an amount equal to the aggregate of the Fees you have incurred and which you have paid in the twelve calendar months preceding the event giving rise to the liability in question.
We will not be liable for any breach or negligent issue unless you have informed us of the event allegedly giving rise to the liability in question within 3 months of the event in question. You further agree to allow us 28 days to correct any breach capable of being corrected.
We will not be liable to you for any failure in the functionality or availability of FormEvo that is due to circumstances that are beyond our reasonable control.
Nothing in these Terms shall interpreted so as to limit or exclude our liability for personal injury or death caused by our negligence or for fraud or fraudulent misrepresentation.
General
We, which is to say, you and us, are independent businesses and we are not operating in any kind of partnership or in any kind of principal/agent or employer/employee relationship nor in any other kind of relationship of trust to each other.
In order to have the effect intended for them, some of the provisions of these Terms will survive the termination of your registration, howsoever that comes about.
If, for some reason, a court or regulatory authority decides that any part of these Terms is unenforceable, the remainder shall remain in force regardless.
Just because we do not insist on your compliance with any one or more of your obligations under these Terms does not mean that we waive our right to insist on that compliance at some later date.
There may be occasions when the law requires information that we give you or communications you wish to send us have to be in writing. Where that is the case, you agree that such communications and information may be transmitted electronically. Nevertheless, if you wish to write to us in hard copy, you may address your letter to the registered office address given at the top of these Terms. For the purpose of these Terms, you may deem that we have received that letter seven days after the date you have posted it (to give us the chance to collect it).
With regard to any indemnity given by you to us or us to you under these Terms, the party with the benefit of that indemnity will take all reasonable steps to reduce or mitigate the loss covered by that indemnity.
No person who is not a party to our agreement with you shall have any rights under the Contracts (Rights of Third parties) Act 1999 to rely upon or enforce any of the provisions of these Terms. However, this does not affect any right or remedy of the third party that exists or is available apart from that Act.
The agreement between us incorporates these Terms to the exclusion of all others, together with the Privacy Policy, which constitutes the entire agreement and understanding between us and you in respect of the matters dealt with in it and supersedes, cancels and nullifies any previous agreement between us in relation to such matters. You agree that in entering into this contract with us, you do not rely upon, and shall have no remedy in respect of, any statement, representation, warranty or undertaking (whether negligently or innocently made) other than as expressly set out in these Terms and any document referred to in them. The only remedy available to you in respect of any such statements, representation, warranty or understanding shall be for breach of contract under these Terms.
The use of FormEvo complies with English law. You must make sure that using FormEvo will not breach any applicable laws or regulations in whatever jurisdiction that you happen to be located in, if not England and Wales. We will not be liable should you fail, whether directly or indirectly, deliberately or accidentally, to comply with those laws and regulations and you will indemnify us for any loss or expense we incur as a result of dealing with any investigations, claims or other regulatory or civil action that occurs as a result of that failure. These Terms and our agreement with you are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the English Courts.