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Terms and conditions
You or Your: The party entering into this Agreement with Us by accepting these terms. Where the context so requires, You or Your includes your Authorised Users.
Us, We, or Our: LHS Solicitors LLP registered in England and Wales with registration Number OC325244. Our registered office is at 5th Floor, The Observatory, Chapel Walks, Manchester M2 1HL.
Agreement: The applicable ordering document, the terms and conditions set out in this document, any variations agreed between Us and any additional terms notified before use of elXtr.
Authorised Users: any person in Your business that We have agreed with You is or are to benefit from the subscription.
Confidential Information: all confidential information (however recorded or preserved) disclosed by a party or its employees, officers, representatives, advisers or Authorised Users via elXtr. Such confidential information includes but are not limited to all documentation, information and know-how.
elXtr: a digital hub created by Us offering legal and business solutions
Start Date: The date the Subscription Period starts.
Subscriber Data: Your details and those of your Authorised Users.
Subscription Fee: The subscription fee for access to elXtr, as specified in the applicable ordering document.
Subscription Period: The period in respect of which a Subscription Fee is payable for any Service, as specified in the applicable ordering document.
2. AUTHORITY AND LICENCE FOR USE OF ELXTR
2.1 We authorise You and Your Authorised Users to use elXtr for which You agree to pay Us the Subscription Fee which shall be paid in full on registration.
2.2 In accordance with this Agreement We hereby grant You a non-exclusive, non-transferable licence to access elXtr through our Website the Hosting Services and to use elXtr solely for Your business purposes;
2.3 This Agreement (including the licences hereunder) starts on the Start Date and ends on the first of the following events:
(a) the end of the Subscription Period (unless We have agreed with You to renew this Agreement; or
(b) termination of this Agreement under clause 9.
2.4 You may search, view, copy and print out material on elXtr for your own business purposes.
2.5 You may not distribute or transmit any material through the Website that is unlawful, harmful, threatening, defamatory, obscene, harassing or racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activities;
2.6 You will not:
(a) attempt to duplicate, modify, disclose or distribute any portion of the Website; or
(b) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form any of the Website, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties; or
(c) use the Website to provide a similar service to third parties, without Our prior written consent; or
(d) transfer, temporarily or permanently, any rights or obligations under this Agreement, or
(e) attempt to obtain, or assist others in obtaining, access to the Website, other than as provided under this Agreement.
2.7 We confirm We have all the rights in relation to the Website that are necessary to grant all the rights We purport to grant under the terms of this Agreement.
3. YOUR OBLIGATIONS
(a) copy, print out or otherwise reproduce any material on elXtr, except as permitted under this Agreement or authorised by Us in writing;
(b) make any part of the Website available to anyone, except as permitted under this Agreement or authorised by Us in writing;
(c) alter any part of elXtr or the Website;
(d) purport to assign or otherwise dispose of Your rights under this Agreement.
4.2 You will take reasonable steps to ensure that nobody other than Authorised Users accesses elXtr using accounts created with Your username and password.
4.3 You acknowledge and agree that We own all intellectual property rights in elXtr and the Website. Except as expressly stated in this Agreement, this Agreement does not grant You any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of elXtr.
4.4 You are solely responsible for the appropriate use and adaption of the material on elXtr for Your own business purposes.
4.5 You recognise and accept that We are not providing legal advice and your access and use of the material on elXtr does not make You a client of LHS Solicitors LLP.
4.6 Subject to Clause 5, You will defend, indemnify and hold Us harmless against claims, actions, proceedings, losses, damages, expenses and all costs arising out of or in connection with Your and Your Authorised User’s misuse of elXtr.
4.7 You are responsible for configuring Your information technology, computer programmes and platform in order to access elXtr. Notwithstanding Clause 5.6, You should use Your own virus protection Website.
5. OUR OBLIGATIONS
5.1 We warrant that You will not infringe any third party intellectual property rights by using elXtr and We will indemnify You against losses, costs or expenses You may incur as a result of any claim that the use by You of elXtr infringes any third party intellectual property rights, provided You notify Us within a reasonable time of any such claim being made.
5.2 In relation to any part of the Website owned by Us We shall defend You against any claim that Your use of the Website infringes any patent, copyright, trade mark, database right or right of confidentiality, and shall indemnify You for any amounts awarded against You in judgment or settlement of such claims, provided that We are given prompt notice of any such claim and You agree to give Us sole authority to defend or settle the claim.
5.3 In the defence or settlement of the claim, We may at Our discretion obtain the right for You to continue using elXtr so that it becomes non-infringing or, if such remedies are not reasonably available, We may terminate this Agreement without liability to You.
5.4 We shall have no liability if the alleged infringement is based on:
(a) a modification of the Website by anyone other than Us; or
(b) Your use of the Website after notice of the alleged or actual infringement from Us or any other person.
5.5 This clause contains Your sole and exclusive rights and remedies, and Our entire obligations and liability, for infringement of any patent, copyright, trade mark, database right or right of confidentiality.
5.6 We will use our reasonable endeavours to ensure that elXtr and the Website are virus-free.
5.7 We will use our best endeavours to ensure that Subscriber Data is maintained securely and is properly backed-up. In the event of any loss or damage to Subscriber Data, Your sole and exclusive remedy shall be that We use Our best endeavours to restore the lost or damaged Subscriber Data from the latest back up of such Subscriber Data. We shall not be responsible for any loss, destruction, alteration or disclosure of Subscriber Data caused by any third party (except those third parties sub-contracted by Us to perform services related to Subscriber Data maintenance and back-up).
5.8 We will use Our best endeavours to ensure that the Services are provided continuously and that access to Our Website is not interrupted by any event within Our control. We will notify You in advance of planned downtime, which, if reasonably practicable, will be scheduled outside normal United Kingdom office hours.
6.1 You agree and accept that elXtr contains Confidential Information.
6.2 In return for making this Confidential Information available to You, You undertake that you will:
(a) only allow access to the Confidential Information to Authorised User on the terms set out in this Agreement;
(b) not use or exploit the Confidential Information in any way except as provided in this agreement;
(c) not directly or indirectly disclose or make available any Confidential Information in whole or in part to any person, except as expressly permitted by, and in accordance with this agreement; and
(d) not allow the Confidential Information to be seen, used, copied or transferred to any individual, business or company, in any geographic area which is or would be in competition with us.
6.3 You will establish and maintain adequate security measures (including any reasonable security measures proposed by Us from time to time) to safeguard the Confidential Information from unauthorised access or use.
6.4 Subject to the provisions of this clause 6, You may disclose Confidential Information to the minimum extent required by an order of any court of competent jurisdiction or any regulatory, judicial, governmental or similar body or any taxation authority of competent jurisdiction.
6.5 The obligations on You set out in clause 6 shall continue for a period of five years from the termination of this Agreement.
7.1 We give You no warranty or assurance, except as set out in Clause 5 above. We declare and You acknowledge that all implied warranties and conditions are excluded to the maximum extent permitted by law.
7.2 We endeavour to conduct our business at all times in a professional manner and to best industry standards. We use our best endeavours to maintain elXtr up to date and to develop it to meet subscribers’ needs. However, elXtr is not intended to constitute a definitive or complete statement of the law on any subject, nor is any part of it intended to constitute legal advice for any specific situation.
7.3 elXtr includes archived information and resources, which may be incorrect or out of date.
7.4 We do not accept any responsibility for action taken as a result of information provided on elXtr. You should take specific advice when dealing with specific situations. The information and documentation are general and educational in nature, may not reflect all recent legal developments and may not apply to the specific facts and circumstances of individual transactions and cases. The material and information on elxtr is not intended to replace the professional legal advice of a qualified solicitor who is able to provide advice based on a knowledge and understanding of all aspects of Your business.
8.1 This clause sets out Our entire financial liability in relation to any breach of this Agreement, any use made by You of elXtr and any representation, statement or tortious act or omission (whether negligent or otherwise) arising under or in connection with this Agreement.
8.2 Nothing in this Agreement excludes Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation.
8.3 Save as set out in Clause 5.1, You assume sole responsibility for results obtained from the use of elXtr by You, and for conclusions drawn from such use. We will have no liability for any damage caused by errors or omissions in any information.
8.4 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.
8.5 Subject to Clause 5.1, We shall not be liable for any loss of profits, loss of business, depletion of goodwill or similar losses or pure economic loss, or for any special, indirect or consequential loss costs, damages, charges or expenses however arising
9.1 This Agreement will terminate if You or We are in material breach of any of its terms and if the breach is not remedied within 10 working days after written notice of it has been given to the party in breach.
9.2 Notwithstanding Clause 9.1, if payment of the Subscription Fee is not made in full by the due date(s), without prejudice to any rights or remedies otherwise available, We reserve the right to charge interest on the outstanding balance of all overdue sums at the rate of 4% per annum above the current base rate at Lloyds Bank plc until payment is received in full and suspend access to the Website.
9.3 On termination of this Agreement for any reason all licences granted under this Agreement shall immediately terminate.
9.4 Termination of this Agreement shall not affect or prejudice either parties’ accrued rights as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination.
10. FORCE MAJEURE
Neither of us shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of our obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond our reasonable control. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations.
11.1 This Agreement is personal to You and You agree not to assign, transfer, mortgage, charge, sub-contract, declare a trust of or deal in any other manner with any of Your rights and obligations under this Agreement without Our prior written consent (which is not to be unreasonably withheld or delayed).
11.2 We may at any time assign, transfer, mortgage, charge, sub-contract, declare a trust of or deal in any other manner with any of its rights and obligations under this Agreement without Your consent.
No failure or delay by either of us to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
Except as expressly provided in this Agreement, the rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
14.1 Any notice or other communication given to a party under or in connection with this Agreement shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or by email to an address notified to the other party from time to time.
14.2 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
15. ENTIRE AGREEMENT
This Agreement, the Subscription Fee invoice and any agreed written record identifying Authorised Users constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to its subject matter.
We may revise these terms at any time and shall notify You in any such event.
If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable.
18. NO PARTNERSHIP OR AGENCY
Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
19. THIRD-PARTY RIGHTS
This Agreement is not intended to benefit anyone other than the parties to it and, in particular, no term of this Agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.
20. GOVERNING LAW
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
Why wouldn't you protect your business?
What you get with elXtr's annual membership
DIY legal solutions, delivered by elXtr’s digital platform, keeping law cost-effective, pragmatic and simple; no jargon, no nonsense, just expert resources from our award-winning lawyers
Free legal updates, templates, guidance documents, checklists and useful links
Fast, friendly and real-time help in resolving most of your business legal needs
Legal journalism, keeping you and your business updated with all the key legal headlines; identifying your relevant calls to action in concise content that you are welcome to share
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What our experts say
Here's what some of our elXtr expert partners had to say about the elXtr platform subscription sign up registration process
elXtr is a fantastic online tool for SMEs and entrepreneurs like me. I run my own business as an Impact Coach for City firms and professionals. This online platform offers access to all the (sometimes difficult) solutions I need, like legal services - for affordable prices. Being able to share this platform with like minded business peers is brilliant... I know I can trust it. It's straightforward, simple and MAKES MY LIFE EASY!"
Esther Stanhope, Founder, Ester Stanhope Impact Coaching, 2016
"As a small business owner it can be hard to know exactly what your legal obligations are, let alone know who to turn to to help you meet them. The law seems complicated, and there's an assumption that legal help is always going to be expensive. That's why we believe elXtr is such an important resource. Not only does it make it easy to find the information and legal documents you need, but it's reassuringly jargon-free and available for a small monthly fee. It's like the friendly, affordable face of law."
Hannah Martin, Co-founder, Talented Ladies Club, 2016
"A superb service with valuable expert content that answers essential questions and delivers immediate solutions, all at an astonishingly affordable rate. This is backed up with additional pay-as-you-go and other services that are fast, professional and let you keep full control of your budget."
Adam Elgar, Co-founder, Passle, 2016