Terms & Conditions
Our terms and conditions
THE LEGAL BIT
Zen Education (a trading name of Sprint Media Limited) Standard Terms and Conditions 8th September 2015.
Upon ordering our services you are agreeing to the following terms and conditions:
1. DEFINITIONS AND INTERPRETATION
2. BUYER'S OBLIGATIONS
(1) understands that the Goods are for the sole use of the Buyer. The Buyer may not make copies of the Goods other than for use in the purchasing institution only. The content may not be lent, leased, sold, encumbered or passed on to third parties for whatever use or purpose.
(2) The Buyer agrees to indemnify Zen Education against any loss, claims, damages, costs and expenses howsoever arising in connection with any Input Material;
The Buyer shall be deemed to have accepted the Goods if Zen Education is in receipt of an agreed Confirmation of Order, either by ticking confirmation of agreement to these terms in the website checkout, or agreeing to them in writing, then the buyer is unable to cancel the order and full payment for the order is due.
4. PRICE AND PAYMENT
(1) The Buyer will pay for the Services at the times and in the manner specified in the Confirmation of Order.
(2) If no such provision is made in the Confirmation of Order, the Buyer will pay any invoice rendered by Zen Education in full within 30 days of the invoice date. The Buyer shall not be entitled to make any deduction from any payment due to Zen Education in respect of any set-off or counter-claim.
(3) Zen Education reserves the right to correct prices and invoices where typographical, clerical or other errors have been made in the Confirmation of Order or in any invoice or in any quotation.
(4) All prices charged by Zen Education are subject to the addition of Value Added Tax at the prevailing rate.
(5) If the Buyer fails to pay any sum due to Zen Education under the Contract within 30 days of the invoice date, Zen Education reserves the right to charge interest on the outstanding amount at a rate of either 3% per month or £25 per week, whichever is the greater, for each week or part of a week from the date of invoice until the date payment is received. Zen Education will invoice for the charge once the original invoice is paid, or in the event of the matter going to court, will add it to the sum claimed in court.
(6) Title to any Goods supplied by Zen Education shall not pass to the Buyer until all payments in respect thereof have been made in full. The Goods shall be at the sole risk of the Buyer from the time of delivery.
(7) Non-payment to Zen Education by the date specified in the Conditions shall be deemed a breach of Contract. The Buyer shall be responsible for any and all costs and expenses, included but not limited to legal fees and court costs incurred by Zen Education in conjunction with the collection of any monies due hereunder.
(8) Where price discounts are offered these apply to firm orders only. Customers may have more than one discount per shopping cart but only one discount per resource/training pack. All discounts exclude VAT.
5. WARRANTY AND LIMITATION OF LIABILITY
(1) Zen Education makes no warranties, guarantees, promises or representations, either express, implied, oral, written or otherwise, except as expressly set forth in this Contract. Zen Education does not make any warranty guarantee, promise or representation, express, implied, oral, written or otherwise, as to the results and or potential success of any marketing campaign.
(2) Subject to clauses 5. (1) above, all conditions, warranties and representations (unless fraudulent) expressed or implied by statute, common law or otherwise in relation to the Goods and the Services provided hereunder, with the exception of liability for death or personal injury caused by the negligence or breach of statutory duty of Zen Education, are hereby excluded and Zen Education shall be under no liability to the Buyer for: any costs or expenses; any loss of profit, business, contracts, revenue or anticipated savings; or any special, indirect or consequential loss of any nature suffered by the Buyer arising directly or indirectly out of the provision of the Services or the Goods by Zen Education, its employees, its sub-contractors or its agents or any defect in the Services or the Goods.
(3) Notwithstanding the provisions of clauses 5. (1) and (2), where any matter gives rise to a claim against Zen Education its liability shall be limited to a sum no greater than the price paid by the Buyer under the Contract.
Access to your order when paying through the Zen Education website by instant credit/debit card will be provided as an online download. Access to your order online will be available for 24 hours after the time of order.
For any other payment method including 30 day invoice payment method through the Zen Education website will mean your order will be emailed to you no later than 5 working days after the time of order.
7. THIRD PARTY INTELLECTUAL PROPERTY RIGHTS
Zen Education and the Buyer each undertake and agree to indemnify the other for any expense, damage or loss suffered as a result of any claims or proceedings against the other, regarding the infringement or the alleged infringement of any intellectual property rights owned by a third party, resulting from the use of Goods supplied by that party.
Any notice required to be given under these Conditions must be in writing and be served on the recipient by personal delivery, first class post, second class post, email or fax at the address shown in the Confirmation of Order, or any other address notified by the recipient from time to time.
9. FORCE MAJEURE
Zen Education shall not be liable for any loss suffered or incurred by the Buyer as a result of Zen Education being unable to perform the Contract by reason of any act of God, war, lockout, strike, fire, explosion, flood, fog, bad weather, power failure, failure of telecommunication lines, delay in transit, postal delay, failure or breakdown of plant or machinery, theft, malicious damage, riot or any other unexpected or exceptional cause or circumstance beyond Zen Education's reasonable control, in which case Zen Education shall be entitled to cancel the Contract or delay the delivery thereof for as long as reasonably necessary.
10. ENTIRE AGREEMENT
Subject to any variation which is agreed in writing, this contract comprises the entire Agreement between the parties and any other understandings, promises or conditions, express or implied are superseded by this Agreement.
The waiver or forbearance of failure of either party in insisting in any one or more instances on the performance of any provisions of a Contract shall not be construed as a waiver or relinquishment of that party's rights in respect of any continued default of any future non-performance of that or any other provision.
Zen Education reserves the right to take matters relating to non-payment of invoices and similar cases to the County Court. Any dispute arising under or in connection with the Conditions or the provision of the Services or Goods which Zen Education deems to be more appropriate to be dealt with by other means shall be referred to arbitration by a single arbitrator appointed by agreement or, in default, nominated on the application of either party by the President for the time being of the Law Society for England and Wales.
The Buyer agrees to indemnify and hold Zen Education harmless from any liability arising out of the Buyer's use of the Goods and any liability incurred indirectly or directly by Zen Education in connection with any breach of the Contract by the Buyer.
If any term of the Contract shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision shall to that extent be deemed not to form part of the Contract but the enforceability of the remainder of the Contract shall not be affected.
15. PROPER LAW
The Conditions and any Contract to which they apply shall be interpreted and construed under English law and the Buyer hereby agrees to submit to the non-exclusive jurisdiction of the Supreme Court of Justice in England.