You indicate acceptance of these terms and conditions of service by registering or placing an order with Blutick. These terms and conditions will not be varied for individual customers.
1.1 In this Agreement the following words and expressions shall have the following meanings:
1.1.1 “downtime” means any service interruption in the availability to visitors of the Website;
1.1.2 “intellectual property rights” means patents, trademarks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country;
1.1.3 “Blutick” means ‘Blutick Limited’
1.1.4 “IP address” stands for internet protocol address which is the numeric address for the server;
1.1.5 “ISP” stands for internet service provider;
1.1.6 “server” means the computer server equipment operated by Blutick in connection with the provision of the Services;
1.1.7 “the Services” means educational, data processing, support and any other services or facilities provided by Blutick.
1.1.8 “spam” means sending unsolicited and/or bulk emails;
1.1.9 “virus” means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user’s files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as “worms” or “trojan horses”;
1.1.10 “The Website” means blutick.com;
1.1.11 “visitor” means a third party who has accessed the Website;
1.2 Product specifications and details may be found at blutick.com.
1.3 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
1.4 The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
2.1 The Customer wishes to use Blutick for educational purposes, and tracking and processing of progress data.
2.2 Blutick provides educational and reporting services and has agreed to host the Customer’s data upon the following terms and conditions.
3.1 Blutick shall provide to the Customer the Services specified in their order subject to the following terms and conditions.
3.2 The Customer shall use The Services for educational and monitoring purposes, within or separate from an educational institution.
4. Charges & Payments
4.1 Payment methods include credit cards (including MasterCard and Visa), debit cards (including Maestro (Switch), Solo, Visa Electron and Visa Delta), direct debits and bank transfers.
4.2 Blutick do not accept cheques, postal orders, cash or any other form of payment other than those outlined in 4.1
4.3 The Charges are exclusive of VAT, which if payable shall be paid by the Customer.
4.4 Blutick shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.
4.5 Blutick do not provide credit facilities.
4.6 Pro-rata refunds will not be issued for yearly services that are cancelled before the end of the year.
4.7 Should your chosen payment method fail Blutick will attempt to settle your invoice using any other payment facilities available on your account.
4.8 Where possible, all services will renew until cancelled by the customer. It is the Customer’s responsibility to cancel services prior to renewal as no refund can be made once renewal has occurred. Customer’s must notify us at least 72 hours before a service is renewed if they wish to cancel that service. The cancellation process must be fully completed by you before your account is cancelled.
5. Software Licence and Rights
5.1 If the Customer requires use of software owned by or licensed to Blutick (“Blutick’s software”) in order to use the Services, Blutick grants to the Customer and its employees, agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable, non-exclusive licence to use Blutick Software in object code form only, in accordance with the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the Customer any right, title, interest or intellectual property rights in Blutick Software.
5.2 In relation to Blutick’s obligations under this Agreement in connection with the provision of the Services, the Customer grants to Blutick a royalty-free, world-wide, non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the website (“the Content”). For the avoidance of doubt, this Agreement does not transfer or grant to Blutick any right, title, interest or intellectual property rights in the Customer Software or the Content.
5.3 The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense Blutick Software.
6. Service Levels and Data Backup
6.1 Blutick shall use its reasonable endeavours to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, Blutick makes no warranties or representations that the Service will be uninterrupted or error-free and Blutick shall not, in any event, be liable for interruptions of Service or downtime of the server.
6.2 Blutick carries out data backups for use by Blutick in the event of systems failure. Blutick do not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly Blutick accepts no responsibility for data loss or corruption.
7.1 The Customer warrants and represents to Blutick that Blutick’s use of the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software to Blutick as set out in Clause 6.2.
7.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, Blutick shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.
The Customer agrees to indemnify and hold Blutick and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Blutick arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website.
9. Limitations of Liability
9.1 Nothing in these terms and conditions shall exclude or limit Blutick’s liability for death or personal injury resulting from Blutick’s negligence or that of its employees, agents or sub-contractors.
9.2 The entire liability of Blutick to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
9.3 In no event shall Blutick be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Blutick had been made aware of the possibility of the Customer incurring such a loss.
10. Term and Termination
10.1 This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.
10.2 Blutick shall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.
10.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:
10.3.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
10.3.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
10.3.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
10.3.4 the other party ceases to carry on its business or substantially the whole of its business; or
10.3.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
10.4 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.
10.5 On termination all data held in the customer’s account will be deleted.
11.1 Blutick may assign or otherwise transfer this Agreement at any time.
11.2 The Customer may not assign or otherwise transfer this Agreement or any part of it without Blutick’s prior written consent.
12. Force Majeure
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting.
15. Entire Agreement
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.
16. Governing Laws and Jurisdiction
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
18. User Agreements
Our full list of user agreements and privacy documentation is available here.