This page tells you the terms and conditions on which we will supply to you the products (Products) listed on our website www.bespoke-data.uk (our site) via one of our subscription services (Services). Please read these terms and conditions carefully before subscribing to one of our Services. You should understand that by subscribing to one of our Services, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference..
- YOUR STATUS
By placing an order through our site, you warrant that:
1.1 you are legally capable of entering into binding contracts; and
1.2 you are at least 18 years old;
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1 After completing signup, you will receive an e-mail from us acknowledging that we have received your first payment. The contract between us (Contract) will only be formed when we send you the e-mail.
2.2 The subscription plan to our Services consists of an initial charge and then followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Bespoke Data may submit periodic charges (e.g., monthly) without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before Bespoke M&A Ltd (Bespoke Data) reasonably could act. To terminate your authorisation or change your payment method, log into your account and manage your automatic subscription payment.
2.3 By subscribing to our Services you are agreeing to pay recurring periodic subscriptions for an indefinite time until cancelled by you. You can cancel your subscription at any time. You will not be charged for any cancellation. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
2.4 Account Cancellations. If you wish to cancel your monthly subscription with us, you must cancel 7 days before your next payment is due to be collected, in order to avoid receiving the following months’ access to our subscription products. Customers cancelling after their payment has been taken will receive the following months access to our subscription products.
2.5 We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
- PRICE AND PAYMENT
3.1 The price of the Products will be as quoted on our site, except in cases of obvious error.
3.2 Product prices exclude VAT.
3.3 Product prices are liable to change at any time.
3.4 Payment for all Services are processed via Stripe and GoCardless. We accept all major debit and credit cards.
- WARRANTY
The Customer acknowledges that Bespoke Data has not given any warranties or guarantees of any nature with respect to the success or satisfactory conclusion of the use of our Products or as to the economic, financial or other results that the Customer may obtain or experience as a result of the use of our Products.
- OUR LIABILITY
5.1 Bespoke Data shall use reasonable skill and care in the provision of the Products.
5.2 The liability of Bespoke Data in connection with or arising out of the subscription to our Services set out in these terms, or any variation or addition to it, (whether in contract, negligence or wilful or reckless misconduct or otherwise) shall in no circumstances exceed £15,000 in aggregate in respect of all such losses.
5.3 Bespoke Data shall not be responsible for any consequential loss or damage.
5.4 Having regard to Bespoke Data’s and the Customer’s interest in limiting the personal liability and exposure to litigation of individuals, the Customer shall not bring any claim in respect of any damage against any employee or agent of Bespoke M&A personally. For the avoidance of doubt, Bespoke M&A is a Limited Liability Company and all services are provided by or on behalf of The Limited Liability Company and (so far as permissible at law) without personal liability on the part of the individual or individuals involved in providing such services.
5.5 A party shall not be liable to the other party for any delay and/or failure to perform in accordance with the terms of the Services if such delay and/or failure are as a result of events beyond the reasonable control of that party (including, without limitation, fire and flood, acts of government).
5.6 The provisions of this paragraph shall survive termination of subscription to our Services.
- WRITTEN COMMUNICATIONS
6.1 All correspondence and papers in Bespoke Data’s possession or control and generated for its internal purposes shall be Bespoke Data’s sole property, kept in strict confidence and not disclosed to any person without the Customer’s consent, unless otherwise required to do so by law or a competent regulatory authority or unless the information contained in them is in the public domain, other than by reason of Bespoke Data’s unlawful disclosure.
All confidential information (including in particular historical financial information concerning the Customer’s business (and that of the Customer’s group companies) disclosed by the Customer to Bespoke Data shall remain owned by the Customer, and Bespoke Data shall use it only for the purposes of the Services, and keep it confidential and not disclose it to any third party without the Customer’s prior written consent, unless otherwise required to do so by law or a competent regulatory authority or unless the information contained in them is in the public domain, other than by reason of Bespoke Data’s unlawful disclosure. Upon cancellation of the Services, Bespoke Data shall (at the Customer’s request and option) return or destroy confidential information disclosed to it by the Customer. Bespoke Data may retain its own working papers generated for the purpose of the Services in accordance for evidential and regulatory purposes, provided such information is kept confidential at all times.
- TRANSFER OF RIGHTS AND OBLIGATIONS
7.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
7.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
7.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
- INTELLECTUAL PROPERTY RIGHTS
8.1 We are the owner or the licensee of all intellectual property rights in our site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
8.2 You may print off one copy, and may download extracts, of any pages from our site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
8.3 If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorise us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to.
- WAIVER
9.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
9.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
9.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 6 above.
- SEVERABILITY
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- ENTIRE AGREEMENT
11.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
11.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
11.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
11.4 Nothing in this clause limits or excludes any liability for fraud.
11.5 You authorise us to use your company logo for marketing purposes to promote our services either on our website or in hard copy format.
- OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
12.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
12.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you an order confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within fourteen working days of receipt by you of the Products).
- LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Using our experience of building bespoke models and analytics platforms for leading private equity backed companies, Bespoke Data has developed a leading range of subscription forecast model and analytics platforms. While bespoke platform builds are still available, our subscription products are developed to work for the vast majority of businesses. In addition to subscription products our offer extends to professional services to help get up and running with our subscription platforms, if required.