Terms of Business

Terms of Business for THE TRAINER EXPLAINER®️

1. OUR AGREEMENT

a. These Terms apply to your online purchase of a The Trainer Explainer® video. In these Terms the agreement between you and us that we create your video in line with your online instructions to us is referred to as the Booking.
b. Our website provides a general statement of the content, intentions and objectives of our Services to provide a The Trainer Explainer® video, which is a general description of our service, not a contractual representation. The effectiveness of the video product resulting from your Booking depends to a significant extent on your description of what you are trying to achieve with it.

2. EXPECTATIONS

a. You have made an online order. If this is for a specially commissioned video, your video will be made to respond as accurately and imaginatively to your brief as we can. If your order is for a stock workshop/course/learning product, the design is locked and not changeable and the video is sold as is..
b. The work is normally undertaken at our premises.
c. Our objectives, expressed in general terms, will be:
• to ensure a quality edited video
• to promote the objectives specified in the brief;
• to respond accurately to your specification.
d. In order for us to achieve the best results for you, we need your active co-operation. Specifically, you should:
• Promptly provide the resources you are responsible for;
• Generate a clear specification that identifies what you want to achieve.. …
• respond clearly to the guidelines we have produced on how to generate clear video specifications
e. You acknowledge that
• Your video will be watermarked and/or credited with our brand/trademark to signify our creative input, and you agree that our watermarks/credits will not be removed or replaced or resized at any time.
• Your video will be our copyright, and you will ensure that our copyright claim is not removed from the video. You are granted a perpetual royalty-free worldwide licence to use and display the video.

3. BUSINESS ARRANGEMENTS

a. Our Services are provided on a ‘business-to-business’ basis.
• The way we work is part of our trade know-how and shall not be under your direction or control.
• We shall continue to market our services and work for other clients and maintain an independent business of our own.
b. Geographical restriction: Our products are currently only available to customers in the United Kingdom. If you are domiciled outside the UK, please contact us separately by email for a review of your requirements and how we may assist you.

4. BUSINESS CONTINUITY AND RESILIENCE

a. Availability and deadlines: We may delegate elements of your work, or entire projects to suitably qualified members of our team to provide an appropriate depth of resources to meet your business deadlines.
b. All our team are contracted to confidentiality and appropriate GDPR standards where necessary.
5. TIMING AND STANDARD OF PROVISION OF SERVICES
a. We will use our reasonable endeavours to deliver Services according to the timetable described in the Booking.
b. If you want additional services, we will be happy to quote you for them.
c. Timetables: Our ability to meet timetables depends on your giving us access in good time to all the information or resources we need from you. If you are late with information or resources, we reserve the right to reschedule Services or you may simply have lost that period of services. There is no automatic right to roll over work from an earlier period.

6. FEES, PAYMENTS AND EXPENSES

a. Fees and expenses are charged in accordance with the Booking. Where applicable VAT/sales tax will be charged at the appropriate rate.

7. RIGHTS TO USE / COPYRIGHT / TRADEMARK RIGHTS

a. You are granted a perpetual royalty-free worldwide licence to use and display your The Trainer Explainer® video. You do not have the right to modify or alter the video.
b. The Rights in information and documents that you supply to us will remain yours.
c. Your video will remain our copyright work, shall be watermarked and/or credited with our brand/trademark to signify our creative input, and you agree that our watermarks/credits and our copyright claim will not be removed or replaced or resized at any time.
d. You do not acquire any rights to any templates or structures or methodologies that we used to create Materials.
e. Information and documents which we provide to you remain our absolute property unless and until assigned to you.
f. You promise not to breach any third-party copyright, trade/service mark or privacy rights in sending us material to work on. You promise not to use any confidential or restricted information that belongs to someone else in sending us work.

8. POLICIES AND PROCEDURES

a. Resolving problems: If there is anything about your project that is not going as you want, or if you have any query or complaint, speak to us straight away.
b. Health and safety: When working at our own premises, we are responsible for our own health and safety.
c. We handle personal data in accordance with our data privacy policy.

9. CONFIDENTIAL INFORMATION

a. Your information and our confidentiality: You may need to share Confidential Information with us. It may be business information or information about individuals (which is also covered in Clause 10 below). We will only use Confidential Information that you send us to perform the Services set out in the Booking or if we are required to disclose it by law. You should be clear in the specification for your video if you are providing any information to us that should not be included or referred to in your video. In the absence of clear signalling to the contrary, we will assume that all information you provide to us in describing the content for your video may be included by us in the finished prouct.
b. We may keep some Confidential Information to keep a record of what we did for you. We will keep personal data in line with our data retention policy (a copy of which can be found with our data privacy policy).
c. Documents and information: We will need to agree with you a safe and secure system of you sending us your confidential documents and information (and us returning them to you). We are not liable for data that is not securely transmitted to us.
d. Note that we may make and keep temporary backups to ensure continuity of service.

10. DATA PRIVACY

a. We will process your own Personal Data in line with our data privacy policy.
b. We are subject to a duty of confidence (see Clause 9.a, and Clause b (in relation to our team)).

11. RESTRICTION AND LIMITATION

a. We will not be liable for delay or failure to provide Services where it is not reasonably practicable to do so due to circumstances beyond our control.
b. Indemnity: You will indemnify us against any fines, costs, expenses, losses or other harm that comes to us from following any unlawful instruction or instruction to act in an unlawful way or instruction that involves a breach of any third party rights that was given by you.
c. Limitation of liability: Our fee rates are determined on the basis of the limits of liability set out in the next four paragraphs. You may request that we agree to a higher limit of liability (provided insurance cover can be obtained therefor) in which case our fee rates may be adjusted, or an additional charge may be made.
d. There shall be no personal liability of any of our principals, directors, partners, employees, agents or sub-contractors arising in any way out of the performance or non-performance of Services or relating to the supply of products.
e. We shall have no liability for any loss of actual or anticipated profit by you occasioned by any breach by us of our contract, nor shall we have any liability for any indirect or consequential losses or expenses suffered by you, however caused, including but not limited to loss of anticipated profits, goodwill, reputation, business receipts or contracts, or third party claims for losses or expenses.
f. Our aggregate financial liability to you shall not exceed the fees paid by you for the products or services which gave rise to such liability.
g. Nothing in these Terms shall be interpreted as excluding or restricting any legal liability on us or others where liability cannot legally be excluded or restricted.

12. DEFINITIONS AND LAW

a. In these Terms, the following words or phrases have the meaning set out in this clause.

"Booking" an agreement between you and us, established by you entering details and making payment on our website, that we create your video in line with your online instructions to us.

"Clause" a numbered clause of these Terms of Business.

"Confidential Information" all information:
- that we discover because of or through our connection with you; and
- which is about or relating to you or your business (including financial information, products, services, service levels, customer satisfaction, proposed services and products, pricing, and margins) or your people (including your directors or partners, investors, staff, suppliers, customers, clients, prospects and contractors).
However, "Confidential Information" does not include information that is openly published by you, or information that is publicly available without breach of our confidentiality obligation.

"including" the word "including" shall not imply any limitation on the generality of the concept or thing of which examples are being given.

"Materials" means written, audio and visual materials used or produced in the course of or to support delivery of Services, including handouts, videos, questionnaires, games, case studies, explanatory material, notes, calculations, specifications, reports, designs, drawings, flow charts, plans, reference material, prototypes.

"Rights" includes:
- intellectual property rights including (but not limited to) copyrights, patents, registered designs, design rights, trademarks, service marks, and
- the right to apply for or register any such protection, and
- all rights relating to trade secrets and other unpublished information.

"Services" the work to be supplied or the outcomes to be achieved by us, as set out in a Booking.

"You" refers to the person, firm or organisation for whom we will perform Services.

"We" and "us" Wordsmith & Paper Ltd, a company registered in England with company number 10825721.

b. No waiver: If we or you delay or fail to enforce any term of a Booking or these Terms on any occasion, that will not affect or limit our or your ability to enforce that term on any other occasion or at any time.
c. Severability: If any provision or part of a provision of a Booking or these Terms is unenforceable, word(s) shall be struck from the agreement to the minimum extent necessary to make the agreement enforceable and this shall not affect the enforceability of the other provisions of the agreement.
d. Law and jurisdiction: This Agreement is governed by the laws of England and subject to the exclusive jurisdiction of the English courts.

© 2021 Irenicon Ltd. All rights reserved.

 

The Trainer Explainer Terms of Business

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Terms of Website Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website, whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site.

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our site:

• Our Privacy Policy (available on this website under the Legal section), which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
• Our Acceptable Use Policy (available on this website under the Legal section), which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
• Our Cookie Policy (available on this website under the Legal section), which sets out information about the cookies on our site.

If you purchase goods from our site, our Terms and conditions of supply will apply to the sales.

Information about us

This website is a site operated by the company named on this website. All relevant company details and regulatory authorities are on this website.

Changes to these terms

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes to our site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at the contact email address on this website.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No reliance on information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our site; or
• use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and conditions of supply.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy (available on this website under the Legal section).

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you licence).

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy (available on this website under the Legal section).

The views expressed by other users on our site do not represent our views or values.

You are solely responsible for securing and backing up your content.

Rights you licence

When you upload or post content to our site, you grant the following licenses:

• A worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the services provided by our site and across different media and to promote the site or services; and
• A worldwide, non-exclusive, royalty-free, transferable licence to allow third parties to use the content for their purposes.

We will only ever use your materials to carry out your instructions to us – unless, very exceptionally, a court or other regulator orders us to disclose them.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy (available on this website under the Legal section).

If you wish to make any use of content on our site other than that set out above, please contact us via the email address on this website.

Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

Applicable law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Contact us

To contact us, please email us using the contact email address on this website.

Thank you for visiting our site.

Privacy Policy

The Trainer Explainer_Data Privacy Policy_17 MAR 2021

Cookie Policy

Cookies are little bits of code our website downloads to your device so we can track (anonymously) how customers move through our site and help you get back to where you last left.

We like to figure out what works and what doesn’t, and keep improving what we do.

We monitor the volume of visitors to our website, how you found us, where you came from and which pages you view when visiting our site.   We do not know who you are unless you contact us and tell us.

Sometimes we use Facebook pixels to figure out what type of person visits our sites and who likes us so we can create advertising that appeals to our customers and potential customers.

We use google analytics to figure out whether our site is working and to improve problem pages and make your customer journey easier.

None of this results in us contacting you or monitoring you in any personal or individual way – we just like to know who our typical customer is and what they like.

We also monitor whether you are a customer visiting the store again, so we can learn to offer you the support and help you need.

Necessary cookies can only be disabled by changing your browser settings.

The other cookies can be controlled by using the cookie consent pop up on this site.  You can change your consent on later visits if you want to.

Please note that by deleting or disabling some cookies, your user experience may be affected, and you might not be able to take advantage of certain functions of our site, including identifying yourself as an existing customer when using customer only discount codes.