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Terms and Conditions

 

  1. Definitions

    1. In these Terms of Business the following expressions shall have the following meanings save where the context otherwise requires:
      1. “FairSoftware” means Fairsoftware, a trading name of EPROFX Limited, International House 124 Cromwell Road, Kensington, London, England, SW7 4ET.
      2. “Details” the details which You must provide upon ordering Software Products via the Website including physical address, email address, age, bank account and credit, debit or charge card details.
      3. “Fee” means the fee shown on the Website for the provision of the Software Products exclusive of value added tax which where applicable shall be payable by You at the rate for the time being in force in the United Kingdom.
      4. “Software Products” any item produced and supplied by FairSoftware pursuant to these Terms.
      5. “Sale” a sale effected via the Website.
      6. “Terms” means these terms and conditions between FairSoftware and You.
      7. “Website” means FairSoftware website located at www.fairsoftware.co.uk
      8. “Working Days” means Monday to Friday 9am to 5pm excluding bank, public and statutory holidays.
      9. “You” means the person who enters Details.
    2. The clause headings and any other headings are inserted for convenience only and shall not affect the construction of these Terms.
  2. Use of Website

    1. In seeking to purchase Software Products via this Website You must provide accurate Details.
    2. You hereby warrant to FairSoftware that You are at least eighteen years of age and legally able to enter into contracts for the purchase of Software Products.
    3. FairSoftware reserves the right to withdraw any Software Products from the Website without prior notice and to refuse any orders for Software Products made by You.
    4. Please refer to our privcacy policy here.
  3. Orders

    1. All orders You place for Software Products displayed on the Website are subject to availability and it is Your responsibility to ensure that Your order is correct. You warrant that You are satisfied as to the suitability of the Software Products for the purpose required and their compatibility with any other items in conjunction with which You intend to use them.
    2. Orders for Software Products will be taken world wide.
    3. Any representations of the Software Products shown on the Website are provided for the purposes of guidance only.
    4. At all times, FairSoftware will make every effort to ensure that prices and descriptions for Software Products displayed on its Website are accurate. However, in the event that an error occurs relevant to an order that You have placed You will be advised at the earliest opportunity and You will be given the option to either cancel Your order or to place a new order.
    5. You are responsible for the payment of any local taxes due upon delivery and/or import of Software Products to You by FairSoftware and You indemnify and will keep indemnified FairSoftware against any claim for such payments and/or taxes.
  4. Payment

    1. You agree to pay the Fee at the time You place Your order.
    2. Once You have confirmed Your order on the secure payment screen it cannot be cancelled or changed except in accordance with clause 7 of these Terms.
    3. In the event that Your debit or credit card payment is refused by Your card issuer for whatever reason, FairSoftware will terminate the agreement with You in relation to the Sale without further obligation to You.
    4. FairSoftware will enclose with Software Products it delivers to You a copy of its invoice showing the Software Products ordered and amount paid.
    5. Non-delivery by any third party (including but not limited to the Royal Mail) shall not give You any right to delay payment to FairSoftware or to make any claim whatsoever against FairSoftware.
  5. Risk and Title

    1. Risk in the Software Products shall pass to You upon payment of the Fee or, if earlier, upon delivery of the same to You. Title to the Software Products shall pass to You only upon payment in full (in cash or cleared funds) of the Fee and You shall hold the Software Products as bailee for FairSoftware until FairSoftware has received payment in full of all Fees outstanding to it from You.
    2. If any of the Software Products are destroyed, damaged or lost from any cause (other than the fault or negligence of FairSoftware), FairSoftware may replace those Software Products but shall be entitled to charge you for such replacement.
  6. Delivery

    1. "Software Products" are delivered to the "Customer" via download to the "Customer"'s personal desktop computer or Office computer.
    2. You hereby agree to download "Software Products" and that you will not copy, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or transfer the "Software Products" to anyone else.
  7. Cancellation of Orders and Returns

    Please refer your our right to cancel policy here.

  8. Warranty and Limitation of Liability

    1. FairSoftware warrants that Software Products purchased through the Website will be of satisfactory quality and fit for the purpose for which they are supplied.
    2. All Software Products supplied by FairSoftware are warranted free from defects for 12 months from the date of purchase, unless otherwise stated. All warranties are return to base except where a manufacturer’s warranty exists in which case You must conform with the manufacturer’s warranty procedures. Defects in the Software Products arising due to fair wear and tear or due to damage howsoever caused by You or any third party will not be covered under this warranty. This warranty does not affect Your statutory rights as a consumer.
    3. FairSoftware shall not be liable to any person for any loss or damage arising from the use of any Software Products or information displayed on the Website.
    4. FairSoftwares hall not in any event be liable (whether in contract or otherwise) for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time, failure to make anticipated savings or liability You may incur to any third party arising in any way in connection with these Terms or otherwise whether or not such loss has been discussed by FairSoftware and You pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
    5. FairSoftware’s aggregate liability in respect of these Terms and any matter arising out of it (including claims whether made in contract or tort) shall be limited to a sum equal to twice the Fee excluding VAT.
    6. Subject as expressly provided in these Terms all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
    7. Nothing in this clause shall operate so as to exclude FairSoftware’s liability for death or personal injury arising out of its negligence.
    8. Each foregoing sub-clause of this clause shall constitute a separate and severable provision. The provisions of this clause shall continue in effect notwithstanding the termination, completion or any other matter which might otherwise cause these Terms to become ineffective.
  9. Miscellaneous

    1. These Terms shall form the entire agreement between the parties and supersede any previous agreement and (save so far as expressly preserved hereby) representations oral or otherwise made by either of the parties. You warrant that You have not relied on any representation made by FairSoftware in entering into this agreement.
    2. Failure by either party at any time to enforce any right claim or provision of these Terms or arising hereunder shall not be construed as a waiver of such right, claim or provision.
    3. All notices to FairSoftware shall be given by You in writing to the address shown above. All notices to You shall be given in writing to Your email address or to the address You have given for delivery of Software Products. All notices may be served by personal delivery or first class post. Any notice given by post shall be deemed to be received by the party to whom it was given 48 hours after posting (excluding Saturday, Sundays and UK bank and public holidays). Notices given by email shall be deemed to have been given 1 hour after transmission thereof.
    4. These Terms and Your agreement with FairSoftware shall be governed and construed in accordance with English Law. You irrevocably agree for the exclusive benefit of FairSoftware to submit any dispute hereunder to the jurisdiction of the courts of England but nothing herein shall prevent FairSoftware from taking proceedings against You in any other court of competent jurisdiction.
  10. Digital Software Products

    Under Article 4 (c) of the European Council Directive on the Legal Protection of Computer Programmes, digital Software Products are not “first sale,” and are covered by the EU Community Exhaustion doctrine.

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