Terms of Service
Thank you for using CertSuite Electrical Certification Software. These terms and conditions govern your use of our service so, if you don’t agree with any part of them, please let us know and do not use the service. Your attention is drawn to clauses 7.4 and 8.
The CertSuite service consists of the web site and app for smartphones and tablets such service being made available to subscribers subject to and upon these terms and conditions.
The service is provided by Megger Limited (Company registered number 02110613), and our registered office is at Archcliffe Road, Dover, Kent, CT17 9EN.
You must be at least 16 years of age to use our service.
You will need to set up an account in accordance with clause 5 below.
You can choose if you want to subscribe annually or monthly. If you choose an annual subscription, then you will pay for the whole year. If you choose monthly, then you will pay for the month. The subscription fees are non-refundable.
You will need to pay the subscription fees for yourself and every user that you authorise to use the service. You are not permitted to let the service be used by people other than you and your authorised users. After the one month free trial you will need to purchase licences for every user that you want to authorise to use the service. If you do not have sufficient licences to cover your users you will get a warning when you log on or try to print a certificate. You will be given an opportunity to pay for the correct number of licences. If you fail to do so within ten business days your account will be suspended and none of your users will be able to print out any certificates.
The subscription will renew automatically at the end of the year or end of the month (as applicable), however, you have the right to end the subscription in order that it doesn’t renew - just notify us in advance of the relevant renewal date. Whilst you may cancel your subscription at any time, no monies will be refunded to you from the subscriptions already paid. When your subscription renews your account manager will be invoiced for the number of users registered with the service. If you pay by direct debit you will be given two weeks’ notice of the renewal. If we hear nothing from you we will debit your account as usual.
You will be given a number of alternative ways to pay for your subscription, details of which are available on our website or as we otherwise agree with you.
You must comply with any policies or regulations applicable to the service or as we otherwise reasonably require.
We are entitled to increase the subscription fees from time to time and will give you reasonable advance notice of any increase.
You acknowledge and agree that we, together with our licensors, own and control all the copyright and other intellectual property rights in our service and the material on our service. Save as expressly stated in these terms and conditions, you are not granted any rights to, under or in any copyright and other intellectual property rights in our service and the material on our service which vest solely in us.
Licence to use the service
You may only use our service for your own personal and business purposes, and you must not use our service for any other purposes.
Subject to payment of the subscription fees and your adherence to these terms and conditions we grant you and your authorised users a non-exclusive, non-transferable right (without the right to grant sub-licences) to use the service during your subscription term.
We are continually trying to improve the service, but we reserve the right to restrict access to areas of our service, or indeed our whole service; you must not circumvent or bypass any access restriction measures on our service.
You must not use our service in any way that causes damage to the service or impairment of the performance, availability or accessibility of the service, and you must not use it in in any way that is unlawful, illegal, fraudulent or harmful.
You are not permitted to copy, modify, duplicate republish, sell, rent or sub-license material from our service in any form or media or by any means. You must not attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the service in order to build a product or service which competes with or is similar to the service or otherwise.
You must ensure that all the information you supply to our service is true, accurate, current and is not misleading. Nor must you introduce any virus or vulnerability into our network and/or information systems.
You must comply with all applicable laws and regulations and co-operate with us in relation to the service in a timely way.
You are responsible for procuring, maintaining and securing your own network connections and telecommunications links to access the service through your systems.
Registration and accounts
You register for an account with our service by submitting the account registration information to our service, and clicking on the verification link in the email that the service will send to you.
Please do not allow any other person to use your account to access the service. You must notify us immediately if you become aware of any unauthorised use of your account. You must not use any other person's account to access the service.
Please keep your password confidential. Remember: you are responsible for any activity on our service arising out of any failure to keep your password confidential.
If you fail to use the service properly, we may cancel or suspend your account. If you wish to cancel your account, please contact us at email@example.com.
"Your content" means all data and materials (including text, graphics, images and files) that you submit to our service.
Your content must not be illegal or unlawful, must not infringe any person's legal rights. Your content must not be libellous or maliciously false, offensive or indecent, infringe any copyright or other intellectual property right. It is your responsibility to make sure that your content meets these conditions. You are solely responsible for the legality, reliability, integrity, accuracy and quality of your content.
If we reasonably suspect that your content has breached these terms and conditions, we may delete some or all of your content and/or terminate your subscription to our service.
We will do our best to make sure that all the information we present to you through the service is correct and accurate. However, we do not warrant or represent the completeness or accuracy of the information published in our service.
We work hard to maintain our excellent track record in the availability of the service. However, we do not warrant that the service will remain available at all times. We do not warrant that the use of the service will be uninterrupted or error free or that it will be free from viruses or vulnerabilities.
We reserve the right to discontinue or alter any or all of our service, and to stop supporting our service, at any time in our sole discretion without notice or explanation.
To the maximum extent permitted by applicable law, the total liability of CertSuite and its suppliers will be limited to the amount that you have paid to use the service in the current subscription year.
Limitations and exclusions of liability
Nothing in these terms and conditions will:
- limit or exclude any liability for death or personal injury resulting from negligence;
- limit or exclude any liability for fraud or fraudulent misrepresentation;
- limit any liabilities in any way that is not permitted under applicable law; or
- exclude any liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section 7 and elsewhere in these terms and conditions:
- are subject to Section 8.1; and
- govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software or be responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet and you acknowledge that the service may be subject to delays, limitations and other problems inherent in the use of such communications facilities. In the event of any loss or damage to your content your sole and exclusive remedy against us shall be that we use reasonable commercial endeavours to restore the lost or damaged content from the latest back-up available. We will not be responsible for any loss, destruction, alteration or disclosure of your content caused by any third party.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the service or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
We may revise these terms and conditions from time to time. The revised terms and conditions shall apply to the use of our service from the date of publication of the revised terms and conditions on the service. Please review these terms and conditions regularly.
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions. However, you may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Third party rights
A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
Subject to Section 8.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our service and shall supersede all previous agreements between you and us in relation to your use of our service.
Law and jurisdiction
These terms and conditions shall be governed by and construed in accordance with English law. Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.