Version 1.1 2004-03-01
1.1 These terms govern your subscription to the FirmStyle Service. They are in addition to the terms applying to other Services agreed between us. They will prevail in matters relating to the FirmStyle Service.
Documents in our Service(s) that have been identified by us from time to time as capable of reformatting by subscription to the FirmStyle Service.
3. Our obligations
3.1 We will develop computer programs to enable you to download FirmStyle Documents substantially in your style, as specified and agreed between us.
3.2 The projected date for completion of the programs is stated on the Invoice. We will use reasonable endeavours to complete the programs by this date.
3.3 We will update FirmStyle Documents within 24 hours of any updates made on any Service.
4. Your obligations
4.1 You will provide promptly any information or assistance we need during preparation of the programs.
5.1 Under this paragraph:
a "critical fault" is a reproducible fault in the computer programs, caused by an event within our control, which hinders or prevents you from downloading FirmStyle Documents substantially in your style;
a "non-critical fault" is a reproducible fault in the computer programs, caused by an event within our control, other than a critical fault; and
a maintenance release is a release of software which corrects faults, adds functionality or otherwise amends or upgrades the performance of the programs or any software underlying them.
5.2 We will take reasonable steps to correct critical faults promptly. We will reimburse your annual Subscription Fee pro-rata if one or more critical faults hinders or prevents you from downloading FirmStyle Documents substantially in your style for a combined period of ten or more days.
5.3 We will take reasonable steps to correct non-critical faults. However, where a non-critical fault is due to be corrected as part of a forthcoming maintenance release, then for a period of three months prior to the issue of such maintenance release, we may decline to correct that non-critical fault. Where we judge, in our reasonable discretion, that a non-critical fault would take more than two man weeks or £5,000 in time and materials to correct, we may put off correcting it until a future maintenance release or altogether.
5.4 The correction of faults may prove a complex and unpredictable task. We, therefore, do not warrant that critical or non-critical faults will be corrected within a specified period of time.
5.5 Where you are hindered or prevented from downloading FirmStyle Documents substantially in your style as a result of a change in your software or computer configuration, this will not constitute a fault.
5.6 You may at any time request that we update your programs to take account of changes to your style. We will be obliged to make those changes where they fall within our capability and service offering at the time. We will quote and charge for the work involved on a time and materials basis.
5.7 We may at any time change or withdraw the FirmStyle Service at our discretion. If we do this within two years of completion of your programs, we will reimburse the cost of preparing the programs for you and any unused period of your Subscription Fee pro rata.
6. Limitation of liability
6.1 Our liability to you for any loss or damage is limited to damages of an amount equal to the fee for preparing the computer programs and the Subscription Fee for the current Subscription Fee period.
6.2 This clause does not affect claims in respect of death or personal injury caused by negligence and does not limit or exclude any liability for fraud or fraudulent misrepresentation.
For and on behalf of
For and on behalf of Practical Law Company Limited