Speed-e-books Limited products and services are intended for UK business use only,
and not for consumers, or individuals under 18 years of age.
Other than for orders placed on the Speed-e-books web site, if we make a contract
to directly supply you with product licences and services, that contract is governed
by these Conditions and other relevant documentation including our invoice/dispatch
note. If you place an order on the Speed-e-books web site, that order is governed
by these terms.
Your use of any Speed-e-books software will also be governed by the terms of a software
licence, and our other products and services may also be governed by additional
Any other third party products or services described on our site are supplied by
the relevant third party and subject to that third party's terms and conditions.
Even where third party products or services are co-branded by us, we do not endorse
them, warrant the accuracy of third party information about those products or services,
or warrant the quality or suitability of those products or services for your use.
Our name: Speed-e-books Limited
Our address: 12 Station Road, Portslade, East Sussex, BN41 1GA
You can e-mail us on email@example.com
Registers: We are a limited company registered in England and Wales under company
registration number 05279118. The Companies House register can be found at http://www.companieshouse.gov.uk/
Our VAT number: (GB) 941 0451 55
We do not belong to any trade organisations, professional bodies or supervisory authorities,
nor do we subscribe to any particular codes of conduct.
Acceptance means an Electronic Communication from us accepting your Order.
Conditions means these standard terms and conditions for our supply of Products and/or
Consumer means a person acting for purposes which are outside his or her business.
Contract means the contract between us for the licensing of Software and/or the sale
of other Products and/or the supply of any Services (collectively, the "supply"),
as set out in Condition 3.1.
Electronic Communication means an electronic communication between us by fax or e-mail.
Order means your contractual offer to buy Products or Services from us by placing
an order through our Website.
Products means our Software and other products as set out on our website from time
Services means the services as set out on our website from time to time.
Software means our licensed software products as set out on our website from time
Specific Terms means terms which apply specifically to the Products (such as those
in a software licence) or Services, and which are separate from these Conditions.
Website means Speed-e-books Limited's website currently at
2.1. These are the steps you need to take to conclude a Contract with us.
A. Check variable information such as prices
2.2. We will display on our Website certain variable information which you will need
to know before you place your Order, such as the range and descriptions of Products
and Services and their current prices (inclusive of VAT). This information may also
be available outside the Website, for example in printed documentation or supplied
over the telephone by our sales staff.
2.3. Note that this variable information is known as an "invitation to treat" and
not a contractual offer from us which you may accept. This means we reserve the
right to correct any errors in that information without any liability to you. It
also means that in no circumstances will we be contractually bound to supply you
with Products or Services on the basis of any incorrect information, even if that
information is repeated in your Order.
B. Make sure you read and understand our terms
2.4. 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. That includes these Conditions,
2.5. Please note that our Website is intended for businesses and that you may not
use our Website if you are under 18 years of age or if you are from outside the
UK. If you accept the legal terms referred to in Condition 2.4 on behalf of a corporate
buyer, you represent that you are authorised to do so. If you are not so authorised,
nor deemed in law to have such authority, you assume sole personal liability for
the obligations set out in those legal terms.
C. Complete your Order
2.6. You will be responsible for selecting the Products and/or Services you wish
to buy, for supplying your delivery address/e-mail address, for telling us how you
wish to pay and for giving us any other information we request to enable us to fulfil
your Order and comply with the Contract. All information you submit to us must be
adequate, relevant, accurate and up to date.
2.7. You may pay online by credit or debit card. We will check to see whether the
transaction is authorised.
2.8. When you have completed your Order, you will be shown a copy on screen. It is
your responsibility to check your Order carefully to identify any errors and to
correct them prior to placing your Order. The Website allows you to cancel your
draft Order, and to edit any details and once you have finished checking and correcting
your Order, please print out a copy before placing it.
D. Place your Order
2.9. You may place your Order by clicking on the "Place Order" button.
2.10. We will acknowledge receipt of your Order on the Website and, if you request
it, by e-mail, in each case without undue delay. This is not our Acceptance of your
Order, but a confirmation of its receipt.
E Wait for our Acceptance of your Order
2.11. You may not assume we have accepted your Order until we send you an Acceptance.
Only if and when you receive our Acceptance will we have made a binding legal Contract
2.12. You may receive an acknowledgement from our payment processor, advising you
whether or not your credit or debit card payment has been authorised. This acknowledgment
relates to your payment only and is not our Acceptance of your Order.
2.13. We will be entitled to refuse to accept your Order if in our sole discretion
we consider it necessary. If that happens we will let you know as soon as we can.
If we accept your Order, we will send you an Acceptance without undue delay.
2.14. Once we have entered into a Contract with you in accordance with this Condition
2, we shall supply you with the Products and Services that you specified in your
Order in accordance with the terms of the Contract.
3.1. We can only conclude the Contract with you in English, and not in any other
3.2. The Contract between us will consist of (1) these Conditions (including our
shall be payment of the price in accordance with Condition 4). There can only be
a Contract between us if all these elements are present. If there are applicable
Specific Terms, these will also be included in the Contract.
3.3. The Products and/or Services we supply to you shall be subject to any restrictions
set out on our Website or in the Contract. If we provide you with a Service via
other applicable terms on the Website. For other Services, you must comply with
any terms we notify to you, e.g. health and safety regulations for a Service provided
to you face-to-face such as a workshop.
3.4. We will not file the concluded Contract between us on line and you should therefore
print out and retain copies of each element of the Contract. You will receive a
copy of any Special Terms with the Product or service. The current version of these
3.5. You may only cancel an Order that we have accepted or cancel the Contract in
the circumstances set out in Condition 6 below.
3.6. These Conditions shall take precedence over and exclude any other terms and
conditions you seek to impose. If there is a conflict between the Specific Terms
and these Conditions, the Specific Terms shall take precedence.
3.7. You may not vary these Conditions unless an authorised representative of ours
agrees in writing.
3.8. We may update or change these Conditions from time to time without notice and
the date of the most current version is that set out at the top of these Conditions.
You must read them each time you place an Order with us through our Website.
3.9. We also reserve the right to make any changes without notice to our privacy
the Website in order to comply with any applicable legal or regulatory requirements,
in the interests of good business practice, or to improve the design or functionality.
3.10. If you are a Consumer then your legal rights are not affected by these Conditions
or the Contract.
4.1. The price of the Products and Services will be calculated in pounds sterling
(or such other currency as we may accept in our absolute discretion) and will be
shown to you on our Website at the bottom of your accepted Order.
4.2. The prices on our Website are inclusive of Value Added Tax ("VAT"). Your Order
will show VAT both as a separate item and as included in the total price.
4.3. Subject to our obligation to supply the Products and Services at the price stated
in a Contract we reserve the right at any time to increase the list prices of the
Products and Services and to change the range of Products and Services available.
We will endeavour to give you as much notice as we can of changes to the range and
any increase in prices.
4.4. If you fail to make any payment by the due date, in addition to any other right
or remedy available to us, we shall be entitled to
4.4.1. cancel the Contract or suspend the performance of any Services; and
4.4.2. take any payment made by you against such of the Products and Services as
we may think fit; and
4.4.3. exercise our legal right to claim interest under the Late Payment of Commercial
Debts (Interest) Act 1998 and subsidiary legislation as amended from time to time
together with compensation for debt recovery costs.
5.1. You acknowledge that the copyright and any other intellectual property rights
in the Products and/or Services remain with us, and may not be used by you for any
purpose other than your lawful use and in accordance with the Contract.
5.2. If a third party successfully claims that that our Products or our Services
infringe that third party's intellectual property rights we shall be entitled to
replace the Products (or the part in question), re-supply the Services free of charge
or, at our discretion, refund to you the price of the Products (or a proportionate
part of the price) or the Services, but we are not accountable to you in any other
way. In particular, we shall not be responsible for any defects or intellectual
property rights claims arising from your customisation of the Products or Services
or your other instructions.
6.1 We want you to be completely satisfied with the Products or Services you buy
from us. If you are unhappy or wish to complain, then please call customer care
on 0845 163 0101, or write to us at the address above so that we can discuss your
6.2.1. If any Specific Terms accompanying the Product or Service (such as a software
licence agreement) contain terms about returning that Product or Service, the returns
policy in the Specific Terms shall apply in place of the above term.
6.3. Returns of downloaded software will be subject to a written confirmation from
the purchaser of the removal of the software (and all or any accompanying support
material, e.g. software manual) from all client computers and any other hardware
storage devices. No such Return shall be deemed to be complete until such written
confirmation from the purchaser is received by us.
Our rights to cancel
We may cancel your Order and any Contract if:
6.3.1. you order Products or Services that become unavailable, in which case we are
not obliged to provide substitute software or substitute services but shall inform
you of the unavailability, or
6.3.2. you do not pay us the price due for the Products and/or Services by the due
6.3.3. you are from outside the UK, or
6.3.4. you are either not able or not authorised to enter into the Contract with
6.4. If we wish to cancel your Order and any Contract for a Product or Service, we
will contact you first to discuss this.
7.1. We shall accept liability for the following:
7.1.1. for death or personal injury, resulting from our negligent act or omission,
breach or default, or for our breach of any obligations implied by law which cannot
be excluded; and
7.1.2. for direct physical loss or damage to your tangible property up to an amount
in aggregate of one hundred and fifty percent (150%) of the total price paid for
the Products and/or Services which directly caused that damage to property as set
out on your accepted Order (the "Price") or five hundred pounds sterling (£500),
whichever is the greater, where, and to the extent that, such loss or damage is
caused by our negligent act or omission, breach or default; and
7.1.3. for direct loss or damage, other than governed by Conditions 7.1.1 or 7.1.2
above or Condition 7.2 below, up to an amount in aggregate of one hundred and fifty
percent (150%) of the Price paid where, and to the extent that, such loss or damage
is caused by our negligent act or omission, breach or default.
7.2. Subject to Condition 7.1, we shall not be liable under or in relation to this
Contract or its subject matter (whether such liability arises due to negligence,
breach of contract, misrepresentation, or for any other reason excluding fraudulent
misrepresentation) for any technical, factual, textual or other typographical inaccuracies,
errors or omissions in information on the Website, for any loss or damage arising
from the use of your credit or debit card on the Website, for the unavailability
of the Website (or any part of it), for any delay in providing or failing to supply
the Products or Services, for loss or damage to the Products which occurs during
transit (as risk in the Products passes from us to you on despatch) or for any loss
of profits, loss of business, loss of anticipated savings, loss of sales or turnover,
loss of, or damage to reputation, loss of contract, loss of 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 or any indirect, consequential loss or damage
(including loss or damage suffered by you as a result of an action brought by a
third party) whether that loss:
7.2.1. arises naturally from any breach of the Contract by us; or
7.2.2. was reasonably anticipated or contemplated by both of us when we entered into
this Contract; or
7.2.3. is one which you specifically informed us was a likely consequence of a breach
by us prior to that breach, and any implied warranties are excluded to the maximum
extent permitted by law. For the purpose of this Condition, the term "loss" includes
a partial loss or reduction in value as well as a complete or total loss.
7.3. We expressly agree that should any limitation of liability Condition or provision
contained in the Contract be held to be invalid under any applicable legislation
(primary or otherwise) or rule of law by reason of some part of that Condition 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 Conditions.
You should be aware that with the exception of credit card numbers and the information
we specifically request of you to enable us to enter into a contract with you, we
do not wish to receive any information of a confidential or proprietary nature from
you through this Website. Any such information you send to us will be deemed by
us not to be confidential in nature and you will have granted us an irrevocable
licence to use, display, modify, transmit or distribute such information in any
manner we shall reasonably decide. To learn more about how we deal with personal
You agree to indemnify us and hold us, our employees, affiliates, agents, business
partners and employees harmless from any claim or demand, including reasonable legal
fees, made by a third party arising out of content you submit or transmit to this
Website, your use of the Website or your breach of these terms and conditions.
It is not our intention that businesses will order Products from us for delivery
overseas but in that eventuality you agree to comply with all applicable international
and national laws that apply to the Products. You may be subject to import duties
and taxes, which are levied once the Product reaches the specified destination.
Any additional charges for customs clearance must be borne by you; we have no control
over these charges and cannot predict what they may be. Customs policies vary widely
from country to country, so you should contact your local customs office for further
information. Additionally, please note that when ordering from Speed-e-books Limited,
you are considered the importer of record and must comply with all laws and regulations
of the country in which you are receiving the goods.
11.1. We may perform any of our obligations or exercise any of our rights ourselves
or through any third party provider.
11.2. Any notice which is given under these Conditions shall be either by Electronic
Communication or if by you, by pre-paid recorded delivery, addressed to us at the
address in these Conditions and if by us by first class post addressed to you at
the delivery address on your Order. Legal proceedings must be served by pre-paid
recorded delivery only.
11.3. Any Electronic Communication, including your Order, our acknowledgment of receipt
of your Order and our Acceptance shall be deemed to be received when the party to
whom the Electronic Communication is addressed is able to access it.
11.4. If we choose to ignore a breach by you of these Conditions on one occasion,
we may still take issue with you if you breach of the same or any other Condition
11.5. If a court decides that any of these Conditions is legally unacceptable or
ineffective in whole or in part, that shall not affect the other Conditions or part
11.6. A person who is not a party to the Contract shall have no right under the Contracts
(Rights of Third Parties) Act 1999 to the benefit of any of these Conditions, unless
we agree otherwise in writing.
11.7. The laws of England shall govern the Contract, and you agree to submit to the
non-exclusive jurisdiction of the English courts.