The Sparkles Monthly Resource Packs:
1 Everyday Miracles Ltd are the publishers of the Monthly Resource Packs.
2 Everyday Miracles Ltd will provide companies with The Monthly Resource Packs
3 The Packs will be sent by letter post to arrive at the subscriber’s address on or before the 28th of the month prior to that edition’s named month. In the event of their not receiving the Resource Pack by the 28th, it is the responsibility of the subscriber to notify us.
4 Each edition will be printed and sent in colour.
5 Everyday Miracles Ltd reserves the right to change the format.
6 The Sparkles are supplied to specific locations and are for the sole use of those associated to that location. Distribution or passing on Resource Pack materials outside of the specified location without express permission is strictly forbidden.
7 All editions are dated and are only to be used within 30 days of the edition date, after which time the copies must be destroyed by the subscriber.
8 Annual subscriptions are payable within 30 days of invoice date. Where subscriptions are paid monthly or quarterly they are to be paid in advance.
9 Cancellation: SUBSCRIBERS CAN CANCEL THIS AGREEMENT AT ANY TIME BY GIVING 30 DAYS NOTICE IN WRITING INCLUDING VIA EMAIL. A FREE TRIAL SUBSCRIBERS CAN CANCEL AT ANY TIME WITHOUT INCURRING ANY COST. AN AUTOMATIC SUBSCRIPTION SHALL NOT BE ASSUMED. A SUBSCRIPTION CAN ONLY BE ENTERED INTO AFTER RECEIVING WRITTEN INSTRUCTIONS FROM YOURSELVES.
10 Consequences of Termination: Upon expiry or termination of this agreement for any reason, the licence granted will expire and the Customer must destroy all copies of The Sparkles Monthly Resource Packs in its possession or control and will procure that all individuals at the Site to whom copies have been distributed will also destroy their copies.
11 Everyday Miracles Ltd makes every effort to ensure that the content of the material it provides is accurate and up to date. However, Everyday Miracles Ltd shall have no liability for any inaccuracy in information.
12 Force majeur. Everyday Miracles shall have no liability to the Customer under this agreement if it is prevented from, or delayed in performing, its obligations under this agreement or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of Everyday Miracles or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, terrorist action, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, other extremely adverse weather conditions or default of Everyday Miracle's subcontractors.
13 Everyday Miracle's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of this agreement shall be limited to the price paid for the edition of The Sparkles Monthly Resource Pack giving rise to such liability.
14 Everyday Miracles may, from time to time and without notice, change the terms of this agreement in order to comply with any applicable law, safety or statutory requirements, provided that such changes do not materially affect the nature or scope of the product, or the price.
15 No variation of this agreement shall be valid unless it is in writing and signed by or on behalf of each of the parties.
16 This agreement constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.
17 Each party acknowledges that, in entering into the agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than for breach of contract, as expressly provided in this agreement.