1. Definitions
1.1 "We, Us, Our" refers to Sherston Software Ltd., the supplier, whose registered office is: Angel House, Sherston, Near Malmesbury, Wiltshire, SN16 0LH. Reg. no. 01805882.

1.2 " You, School, Subscriber" refers to the Purchaser of the subscription service from Sherston Software Ltd.

1.3 "Registered Users" refers to all Pupils and School employees at your school registered as users of the service.

1.4 "Service" refers to all ‘www.skill-builders.co.uk’ educational material and resources supplied to the Subscriber via the Website or transmitted (electronically or otherwise) directly to the Subscriber by Sherston Software Ltd, in accordance with these Terms and Conditions.

1.5 "Website" or "Site" refers to www.skill-builders.co.uk and any other website published past present or future by Sherston Software Ltd from which the Service is supplied.

2. Agreement
2.1 This document defines the agreement between Sherston Software Ltd (the supplier) and the School (the contractual buyer) that governs supply of the Service.

3. General
3.1 www.skill-builders.co.uk is an online educational service of Sherston Software Ltd which is provided through the Website located at www.skill-builders.co.uk or any website past, present or future relating to this service. It includes content, search facilities, downloadable material, links and any other Internet based services provided by us from time to time at this Site.

3.2 We shall provide the Service to You under the following conditions:
- This agreement is entered into on the basis that You are an authorised representative of the school with the authority to bind the School.
- Your acceptance of the Terms and Conditions herein is binding on the school and all its Registered Users.
- By clicking the "Register" button at the bottom of registration page, You warrant that You have read, understood and agreed to all the Terms and Conditions stated herein. These replace and supersede any previous offer or Terms and Conditions previously posted on our Site or entered into verbally or otherwise between You and Us.
- On purchasing the Service you gain access to it for the duration of a defined licence period details of which will appear at the purchase confirmation stage;

4. Intellectual Property
4.1 The copyright in the material contained in the Website, together with the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to Sherston Software Ltd, its subsidiaries or the providers of such information. All rights are reserved. None of this material may be reproduced or redistributed without our written permission.

4.2 Due to the nature of electronic transmission of data over the internet, and the number of users by whom data is posted on to the Website, any liability we may have for any losses or claims arising from an inability to access the Website, or from any use of the Website or reliance on the data transmitted using the Website, is excluded to the fullest extent permissible by law. In no event shall we be liable for any loss of profit, revenues, goodwill, opportunity, business, anticipated savings or other indirect or consequential loss of any kind in contract, tort (including negligence) or otherwise arising out of use of the Website, save where such liability cannot be excluded by law.

4.3 We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology.

4.4 We will endeavour to allow uninterrupted access to the Website, but access to the Website may be suspended, restricted or terminated at any time.

5. Exclusion of liability for suppliers' goods and services
5.1 We can accept no liability for any goods or services provided by third party suppliers. Any goods or services which are not stated to be provided by us are provided by third parties over whom we do not have control and you should satisfy yourself that you wish to purchase those goods or services before contracting with the supplier. The suppliers will be supplying on their own standard terms and conditions and you should check that you agree to those terms and conditions before placing an order.

6. User name and password
6.1 On registering with us, you are issued with a user name and password which must be used in order to access certain restricted parts of the Website. The user name and password are personal to your school and are not transferable.

6.2 Your name and password are the methods used by us to identify you and so are very important. You are responsible for the use of Service by anyone using your user name and password and any payments due for services accessed through the Website by anyone using your user name and password. Any breach of security of a user name and password should be notified to us immediately.

6.3 You may not adapt or circumvent the systems in place in connection with the Website nor access the Website other than through normal operations.

7. Data protection
7.1 We are committed to protecting your privacy. We will collect and use information supplied by you and other users of the Website to improve the Website and personalise your experience when you visit the Website. We may also use it to tell you (via email, telephone, post or any alternative medium) about changes in our services, or about services and features we think you'll find interesting. By registering with us, you are deemed to have consented to use of personal information for these purposes. However, you can tell us not to deal with your personal information in these ways in the future by simply sending an e-mail message to info@sherston.co.uk

7.2 Under the UK Data Protection Act 1998 we follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access.

8. Sherston Skill Builders Online Administrator
8.1 During the Service registration process, a Sherston Skill Builders Online Administrator must be nominated by the school. This person will be responsible for informing his/her colleagues of the availability and range of the Service and ensuring that they have access to the Service when necessary. The Sherston Skill Builders Online Administrator will be our primary point of contact and will also be responsible for ensuring that anyone at the school using the Service, be they teachers or pupils, is aware of these Terms and Conditions. You may wish to print these for future reference.

9. Introductory Period and Refunds
9.1 If you have opted for the Introductory Period you may access the service as defined in the offer posted on the site. You may access the Service within the Introductory Period in accordance with the offer on the site. At the end of the Introductory Period you will be asked by email if you wish to be invoiced for a full subscription to the Service. If you don’t take up the subscription, You will no longer be able to access the content.

9.2 You may only benefit from Introductory Period once. If it is discovered that you have requested more than one such period you will become liable for payment for the subscription fee as defined in clause 11.3.

9.3 If you have not ordered the Service through an Introductory Period You can cancel any services you order via the Website within 7 days of your order being accepted, except that where the services are provided within 7 days of the order being accepted, your right to cancel ceases once provision of the services starts. We aim to provide services as promptly as possible. You accept that the services will often be provided shortly after the order is accepted and as a result you may only have a short period, if any, in which to cancel an order.

9.4 You may cancel your subscription to the Service at any time by writing to us at the postal address detailed below or by sending us an email to sales@sherston.co.uk. However if You cancel after a new 12 month subscription term has commenced You will not be entitled to a refund or re-credit of the subscription charges for that period.

10. Third party subscriptions
10.1 If another party (eg your LEA) is paying for the subscription, you will be asked to accept these terms of use at the time you first log onto the Site. In accepting them you agree to be bound by all terms of use herein other than clause 11.

11. Costs and invoicing.
11.1 Where payment is required we will explicitly say so. You shall also pay all applicable taxes related to charges made for the use of the Website at the same time.

11.2 If you fail to pay us within the time stipulated above, we shall be entitled to charge you interest at 4% above the base rate at the relevant time of Barclays Bank plc. Such interest shall accrue daily and be compounded monthly. In addition, we may suspend your access to and use of the Website.

11.3 Subscription - For access to all the online content supplied on the Service, schools pay an annual subscription of £99.95 ex. VAT if they have less than 100 pupils; £149.95 if your schools has 100 to 200 pupils and £199.95 for 201 pupils or more.

If required, a two or three year subscriptions are available. If you would like to take up these longer subscription options, please contact Sherston on 01666 843 200.

11.4 Processing your order
Payment for the Service can be taken in the following ways:
- Through invoice
- By credit/debit card online via our secure payment gateway
- By credit/debit card over the telephone to our telesales operators.

11.5 In the case of payment through invoice, the School will be invoiced at the same time as the subscription set-up confirmation email is sent by our system. Our invoice payment term is 30 days.

11.6 In the case of an online payment or payment via our telesales operators We shall send written confirmation of your subscription purchase to your stated email address detailing in addition to your other statutory requirements.

- Our scope of service
- The term of the subscription
- The value of your order (in the event that this has been paid for by a third party this will be of nil value).

11.7 In the event that this email from us to you bounces back to us for whatever reason, we shall instead post a letter of confirmation containing the same details to the Schools stated geographical address.

12. Renewal
12.1 We will endeavour to inform you of the subscription fee payable for subsequent years at least 30 days in advance of the anniversary of your current subscription. Your subscription will renew automatically unless you give us notice within 30 days before the commencement of the subsequent period.

12.2 In the event that renewal subscription fee is not received prior to the anniversary date of your current subscription your service will be temporarily withheld.

13. General
13.1 If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.

13.2 We may modify these terms and conditions at any time by publishing the modified terms and conditions on the Website. Any modifications shall take effect 3 days after posting on the Website.

14. Governing law
14.1 These terms are governed by and to be construed in accordance with English law. Any disputes shall be subject to the exclusive jurisdiction of the English courts.

For any queries regarding subscriptions please contact us at sales@sherston.co.uk