1 Everyday Miracles Ltd are the publishers of the Daily and Weekly Sparkle dementia newspapers. Everyday Miracles Ltd also produce and sell a range of activity resources and services.
2 Everyday Miracles Ltd will provide subscribing organisations with The Daily Sparkle or The Weekly Sparkle and/or other activity resources and services.
3 The Daily and Weekly Sparkles will normally be transmitted in ‘PDF’ format by e-mail on, or before, Friday 4 pm for theforthcoming week (Monday through Sunday). In the event of the subscriber not receiving their editions by this time, it is their responsibility to notify us by 5pm of that Friday.
4 The Sparkles are provided with the express intention and on the understanding that they are printed on receipt of email. Within VAT regulations printed newspapers such as The Sparkles are zero rated.
5 Each edition will be sent in colour, suitable for printing in A4.
6 Everyday Miracles Ltd reserves the right to change the format.
7 The Sparkles are supplied to specific locations and are for the sole use of those associated to that location. Distribution or transmission outside of the specified location without express permission is strictly forbidden.
8 All editions are dated and are only to be used within 30 days of the edition date.
9 Annual subscriptions are payable within 30 days of invoice date.
10 All subscriptions, whether paid monthly, quarterly or annually, are paid in advance.
11 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 THE INTENDING SUBSCRIBER.
12 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 Daily Sparkle 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.
13 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.
14 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.
15 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 Daily Sparkle giving rise to such liability.
16 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.
17 No variation of this agreement shall be valid unless it is in writing and signed by or on behalf of each of the parties.
18 This agreement constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.
19 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.