Strategy Cards Supplementary Terms for Standard Plans
- INTRODUCTION
- These Supplementary Terms and each order form you submit to us (Order) apply to subscriptions you purchase to the Service on any standard plan and supplement the terms and conditions set out at https://learn.i-nexus.com/strategy-cards-knowledge-base/terms-and-conditions (collectively, the Standard Plan Terms).
- Any capitalised terms that are not defined in these Supplementary Terms shall have the meaning given to them in the Terms and references to the Service in the Standard Plan Terms is the Service purchased on a standard plan basis. Please visit https://strategycards.com/profile/manage-subscription for more information regarding our standard plans.
- PLACING AN ORDER FOR THE SERVICE ON A STANDARD PLAN
- You may place an Order using the website located at https://strategycards.i-nexus.com (Site). You will be required to specify at the time you place your Order whether you wish to pay for your subscription to the Service on a monthly or annual basis.
- Before you submit your Order, you may correct any input errors using the webform functionality and buttons on our Site.
- Each Order submitted by you, once accepted by us, forms a binding contract between you and us (each a party and together the parties) which incorporates the Standard Plan Terms (Contract). We shall have no obligation to enter into a Contract and each Contract shall not enter into force or be legally binding or have any other effect unless and until you have submitted and paid for the Order and we have sent to you a confirmation of your subscription by email.
- Each Contract shall be concluded between us in the English language and shall be filed by us and made available to you at your written request.
- COMMENCEMENT AND TERM
- Each Contract shall commence on the later of the date we receive payment of the Subscription Fee in full and the date we send the confirmation of subscription to you (Contract Date) and shall continue in force for:
- one month and for successive one-month periods thereafter, if you have selected to pay the Subscription Fee monthly; or
- twelve months and for successive twelve-month periods thereafter, if you have selected to pay the Subscription Fee annually,
- Each Contract shall commence on the later of the date we receive payment of the Subscription Fee in full and the date we send the confirmation of subscription to you (Contract Date) and shall continue in force for:
in each case, unless and until terminated or the Contract expires at an earlier date in accordance with clause 7 of these Supplementary Terms.
- A minimum initial term of:
- 1 month shall apply if you choose to pay the Subscription Fee monthly; and
- 12 months shall apply if you choose to pay the Subscription Fee annually,
(each such initial term and each successive monthly or annual term (as applicable), a Subscription Term).
- Except where otherwise agreed with us in writing, we shall provide you with access to the Service on a standard plan basis from the Contract Date.
- If either party provides to the other party a written notice of non-renewal at least 30 days prior to the expiry date of the then-current Subscription Term, the Contract shall expire on that expiry date.
- FEES & PAYMENT
- Details of the annual or monthly fee for the Standard Plan are set out on the Order submission page (Subscription Fee).
- You shall pay the Subscription Fee in full in advance for each Subscription Term. You shall pay for the first Subscription Fee at the time you place your Order. If, within 14 days of the date you place your Order or any renewal date, we do not receive payment of the Subscription Fee in full, or are notified of any payment failure (including any chargeback or reversal), we may cancel your Order or any Contract, or suspend the provision of the Service, in each case, without prejudice to any other rights or remedies available to us.
- We only accept payment using the types of payment methods listed on the Order submission page. When placing an Order, you confirm that the form of payment that you use to make payment to us is yours and that the person acting on your behalf has your authority to place the Order.
- We will take payment from you in advance using the payment details you provide in the Order. If the Subscription Fee is payable monthly, it shall be due on the date we accept the Order and on that date on each month thereafter and we shall take payment from you accordingly. If the Subscription Fee is payable annually, it shall be due on the date we accept the Order and on each anniversary of that date thereafter and we shall take payment from you accordingly.
- The Subscription Fee is exclusive of VAT and of any equivalent sales taxes.
- The Subscription Fee shall be payable in the currency in which it is presented to you on the Site.
- The Subscription Fee and all other amounts payable under any Contract by you shall be made free and clear of any deduction or withholding for or on account of any tax, unless such deduction or withholding is required by law. If any such deduction or withholding is required, you shall increase the payment so that we receive the full amount we would have received had no deduction or withholding been required. You shall, promptly on receiving our written request, provide evidence of any such deduction or withholding to us.
- The parties may from time to time agree in writing that a company controlling, controlled by or in common control with you (Affiliate) may pay the Subscription Fee and any interest due under a Contract. The parties acknowledge and agree that where any payment is made by an Affiliate to us, such payment shall not affect or reduce your responsibilities or obligations under the Standard Plan Terms or any Contract.
- LIABILITY
- The express terms and conditions in the Standard Plan Terms shall apply in place of all warranties, conditions, terms, representations, statements, undertakings and obligations whether expressed or implied by statute, common law, custom, usage or otherwise, all of which are excluded to the fullest extent permitted by law.
- Nothing in these Terms shall restrict or exclude the liability of either party for death or personal injury resulting from its negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be limited or excluded by applicable law.
- Subject to the foregoing provisions in this clause, and to the fullest extent permitted by law:
- we shall not be liable for: (i) any loss of use, reputation, goodwill, data or opportunity; (ii) any loss of or failure to realise expected profit, revenue or savings or any other form of pure economic loss, whether such loss is direct or indirect; or (iii) any indirect, special, incidental, punitive, consequential damages or losses that the other party may suffer or incur, in each case howsoever arising; and
- our total aggregate liability to you under or connection with each Contract, whether arising in contract, tort, out of breach of statutory duty or otherwise, and, whether in respect of a single event, or series of connected or unconnected events, shall not exceed the greater of one hundred pounds and the Subscription Fee paid by you to us under that Contract in the six months prior to the date of the event that gave rise to the cause of action.
- SWITCHING TO/FROM A STARTER PLAN
- Where we make the option available to you on our Site, you will be eligible to switch to receiving the Service on a starter plan basis (for which Subscription Fees are not payable). If you choose to switch the type of plan for the Service to the starter plan, the new plan will take effect on the day after the then-current Subscription Term expires, however, if you exercise your right to switch to a starter plan less than 30 days prior to the expiry of the then-current Subscription Term, the switch will not take effect until the Subscription Term following the term in which that 30 day period ends.
- If you receive the Service based on a starter plan, you can request to switch to receiving the Service based on a standard plan at any time by selecting the upgrade option on our Site.
- TERMINATION
- Either party may terminate any Contract immediately by giving written notice to the other party:
- if the other party commits any breach of the Standard Plan Terms in relation to that Contract and fails to remedy that breach (if capable of remedy) within fourteen days after notice from the non-defaulting party giving full particulars of breach and requiring it to be remedied;
- if the other party: enters into liquidation; makes any arrangements with, or makes a general assignment for the benefit of, its creditors; has a receiver, manager, administrative receiver or administrator appointed over the whole or substantially the whole of its undertaking or assets; ceases (or threatens to cease) to carry out its business; makes any material change in its business; or suffers any analogous process under any foreign law.
- We may terminate any Contract immediately by giving written notice to you if you fail to pay any sum due under any Contract when it falls due.
- The Subscription Fee is non-refundable and no refunds shall be provided by us if a Contract terminates or expires for any reason.
- When a Contract is terminated or expires for any reason:
- we shall be eligible to disable access to the Service by you and all Authorised Users immediately under that Contract;
- you shall delete (so that it is not recoverable) any login or other access credentials provided or created by you and/or Authorised Users in connection with the Service you receive under that Contract; and
- we shall delete the Customer Data relating to the Service at any time up to and including the anniversary of the effective date of termination or expiry unless you reasonably request deletion sooner in writing or you have switched to a starter plan.
- The termination or expiry of a Contract will not affect any right to damages or other remedy to which a party is entitled at the date of termination or expiry and, in the case of termination, which the terminating party may have in respect of the event giving rise to the termination.
- The termination or expiry of any Contract shall not affect any provision of the Standard Plan Terms which expressly or by implication is intended to come into or continue in force on or after termination or expiry, including these Supplementary Terms.
- Either party may terminate any Contract immediately by giving written notice to the other party:
- OTHER IMPORTANT TERMS
- The parties agree that Regulations 9 and 11 of the E-Commerce Regulations 2002 (as amended or replaced from time to time) shall not apply to any Contract they enter into under the Standard Plan Terms.
- We may, in our sole discretion and in respect of one or more specific territories, offer early access to the Service on a standard plan basis for a period determined by us in our sole discretion and for which no Subscription Fee is payable. We reserve the right to terminate such access and/or, subject to providing you with reasonable prior notice, charge the Subscription Fee in accordance with these Supplementary Terms.
- All notices, requests, instructions, consents and other communications which are required or permitted under the Standard Plan Terms or any Contracts shall be made by the parties in writing and shall be deemed to be given: (i) when delivered by hand to the recipient’s address at the time of such delivery; or (ii) when sent by post (with proof of posting) or email to the postal or email address, 2 working days (being a day other than a Saturday, Sunday or public holiday in England) after the date of posting or sending. Notice of change of address will be given in the same manner as other communications. For the purposes of this clause, your email address and postal address shall be as set out in the Order and our email and postal address are as follows:
UK Headquarters
27-28 Eastcastle Street, London, W1W 8DH, UK
UK: +44 (0)845 607 0061
Sales & General Enquiries
Support
UK: +44 (0)845 607 0062
USA: +1 877 301 0769
support@i-nexus.com
Additional Information
To learn more please also refer to the following: