Webinar Subscription Terms and Conditions
Definitions & Agreement: MBL Webinar Subscriptions (‘the Subscription’) are governed by these terms and conditions. By booking the Subscription and by using your Access Details you agree to be bound by the same. In these terms and conditions references to ‘you’ and ‘your’ means the people within your organisation. General: The Subscription is an annual (365 day) subscription for business users. It provides access to upcoming and on-demand webinars for all employees, partners, directors and other members of staff within one organisation. The Subscription is only available for online webinars and is not available in DVD format. Subscription Fee: The amount of the fee payable is determined by reference to the number of employees (including directors, partners and other members of staff) within your organisation at the date of the Subscription booking. Payment of the fee may be made annually in advance (‘Annual Fee’) or by 12 equal monthly instalments (‘Monthly Instalment Fee’). MBL Season Ticket: You must hold an MBL Season Ticket for the duration of the Subscription. If your MBL Season Ticket is not renewed upon expiry access to the Subscription will be terminated and your obligation to make payment of the Monthly Installment Fee will cease from the first month following the date of termination. If you have chosen to pay annually in advance then provided always that the Annual Fee has been paid in full we will refund the Annual Fee divided by 12 and multiplied by the number of months remaining under the Subscription by way of SmartPlan credits or payment as applicable. Booking Authority: Unless we have actual knowledge of organisational booking restrictions and/or suspect dishonesty or bad faith the individual or individuals booking the Subscription will be deemed to have actual, ostensible or apparent authority on behalf of your organisation. Payment: For SmartPlan holders choosing to pay annually in advance you must have sufficient credits available and the Annual Fee will be deducted from your SmartPlan. For SmartPlan holders choosing to pay by 12 equal monthly instalments the Monthly Instalment Fee will be deducted from your SmartPlan. Where insufficient credits are available for one or more monthly instalments your SmartPlan balance will be increased automatically by the amount of the Monthly Instalment Fee and we will send you an invoice(s) which is payable within 30 days from the date of each invoice. For Non SmartPlan holders choosing to pay annually in advance we will send you an invoice for the Annual Fee which is payable within 30 days from the date of the invoice. For Non SmartPlan holders choosing to pay by 12 equal monthly instalments we will send you an invoice for each Monthly Instalment Fee which is payable within 30 days from the date of each invoice. Activation: For SmartPlan holders we will send you an email containing your Access Details once your booking has been processed. For Non SmartPlan holders we will send you an email containing your Access Details once payment of the Annual Fee or the first Monthly Instalment fee, whichever is applicable, has been received. Mis-Use of Your Access Details: The Subscription may be terminated if you or anyone else within your organisation provides these details to third parties without the prior written consent of MBL. Copyright: Copyright and all intellectual property rights in the webinar programmes, materials, logos, graphics and associated website is vested in MBL and/or our presenters and no part may be copied or reproduced in any way without the prior written consent of MBL. Suspension of Service: If within 14 days of a written demand you fail to pay one or more Monthly Instalment Fee which is overdue for payment your Subscription will be suspended and access terminated. Fair Use: Due to the unlimited nature of the Subscription MBL operates a fair usage policy. If MBL deems your usage to be excessive and unfair such that it affects overall service provision of the Subscription and/or other users we reserve the right to suspend your Subscription pending resolution of the issue with you. In extreme cases we reserve the right to cancel your Subscription in its entirety. In the event of cancellation and provided always that the Annual Fee has been paid in full we will refund the Annual Fee divided by 12 and multiplied by the number of months remaining under the Subscription. Technical: It is your responsibility to ensure that our technology is compatible with your systems. MBL is not liable or responsible for any technical issues which may arise as a result of your failure to ensure compatibility as above. Due to its inherent nature you acknowledge that MBL is not liable or responsible for and delay, disruption or disturbance in the operation of the internet. Similarly you acknowledge that 24 hour access to the website may be interrupted due to telecommunications failures which are beyond the control of MBL and/or downtime for repairs, maintenance and upgrading. Technical Support: Email and telephone support is available between the hours of 9.00am and 5.30pm, Monday to Friday (excluding public holidays) and we will respond to requests as soon as reasonably practicable. Limitation of Liability: In the event of any breach by MBL arising out of or connected with the Subscription, MBL shall not be liable to you for the following: indirect or consequential loss, loss of profit, loss of earnings and revenue, loss of time, loss and/or corruption of data, anticipated savings or goodwill. In any event the maximum liability to you for any claim arising (whether in contract, negligence, tort or otherwise) shall be limited to the applicable fee paid in respect of the Subscription being the subject matter of the claim. Disclaimer: The Subscription and all supporting materials are prepared solely for training purposes and are not a substitute for legal advice. Presenters, authors and MBL will not accept responsibility for loss howsoever occasioned to any person or persons arising from any reliance; including reliance on any content for the purposes of giving advice to third parties. Force Majeure: MBL shall not be liable for any delay or failure in performance if such delay or failure result from events, circumstances or causes beyond its reasonable control. Waiver: No failure or delay by MBL to exercise any right or remedy provided under these terms and conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. Severance: If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision shall not affect the validity and enforceability of the rest of these terms and conditions. Other: Nothing in these terms and conditions shall limit or affect any loss or damage for death or personal injury as a result of MBL’s negligence. A person who is not a party to this agreement shall have no rights under the Contract (Rights of Third Parties) Act 1999 or any subsequent amendments to enforce any of its terms. These terms and conditions shall be subject to English law and any dispute and/or difference shall be determined by proceedings in the English courts.