1. INTERPRETATION

1.1 The definitions and rules of interpretation in this clause apply in these Terms and Conditions:

Additional Terms
The additional terms and conditions (if any) agreed to by the Licensor and Licensee as set out or referred to in the Order Form including any addendum thereto.
Additional Terms
The additional terms and conditions (if any) agreed to by the Licensor and Licensee as set out or referred to in the Order Form including any addendum thereto.
Affiliate
Each and any person or organisation attached to the Licensor.
Agreement
The agreement between the Licensor and the Licensee, such agreement being embodied in the Order Form, these Terms and Conditions and any Additional Terms.
Credit
A credit is a single email sent out of Promitto to a contact held in the database
Intellectual Property Rights
All copyright, database rights, patents, trademarks, service marks, and all other intellectual property rights whether registered or unregistered and all applications and rights to apply for the registration of any of the rights above and all other forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world.
Licensee
The organisation, firm, company or other entity to whom the license in respect of the Service is granted by the Licensor under the terms of this Agreement and whose details are set out on the Order Form.
Licensor
BiP Solutions Ltd of Medius, 60 Pacific Quay, Glasgow, G51 1DZ.
Order Form
The online registration form and any associated pages and communications used to sign up for the Service identifying the Licensee whereby in any case the Licensee’s acceptance has been signified by acceptance of these Terms and Conditions during the email verification and account activation process.
Promotional Discount Code
A one time use code that can be used to obtain a discount to the services provided on www.pro-mitto.co.uk. Discount codes have no monetary value and can only be used in conjunction with a purchase of greater value and before the promotional end date.
Service
The software / computer programmes described in clause 4 and those listed in the Order Form and all Updates during the Term, any data, text, information and software or other material and all accompanying written materials provided to the Licensee under this Agreement by any means whatsoever, including without limitation on any storage medium now known or hereafter devised or through any means of online communication and delivery (including communication and delivery via the internet) and includes any Updates specified on the Order Form (if applicable).
Subscriber
A User who has registered to use the Service under the terms of a Subscription. Such Users’ access to the Service’s features is provisioned in accordance with their Subscription Level.
Subscription
A purchase and agreement made by a Licensee to receive and be given access to paid-for Services at a particular Subscription Level
Subscription Fee
The licence fee payable by a Licensee for use of the Service as set out on the Order Form and payable by the Licensee to the Licensor in accordance with Clause 5 for their Subscription.
Subscription Level
The Subscription Level denotes the level of access a User has as a Subscriber to different combinations of tools and benefits, with higher subscription levels allowing Users greater access to product features and credits.
Subscription Renewal Fee
The licence fee payable by a Licensee to the Licensor for continued use of the Service in accordance with Clause 5.
Subscription Period
The contractual period of time over which a Subscription runs, commencing on activation of the Licensee’s User account and each anniversary thereof. Although this is typically one year, it may be longer subject to what the Licensee agreed to on the Order Form.
You / Your
The person signing up to and agreeing to these Terms and Conditions on behalf of and representing the Licensee, and therefore by association is interchangeable with “Licensee”.
Your Data
All electronic data or information or documents submitted by You to the Service. These will be treated strictly as confidential (see Clause 15)
User(s)
The person or persons specifically identified to BiP as named Users of the Service on behalf of the Licensee.

1.2 Clause headings shall not affect the interpretation of this Agreement.

1.3 Words in the singular shall include the plural and vice versa.

1.4 Any obligation in this Agreement to not do something includes an undertaking not to permit that thing to be done.

1.5 These Terms and Conditions shall take precedence over any terms or conditions that the Licensee purports to apply in conflict with these Terms and Conditions herein, whether the Licencee’s terms are contained in Licensee’s purchase orders, supplier agreements, or otherwise.

2. APPLICABILITY

These Terms apply to users registering on the Website on or after 15th April 2019. For existing users, these Terms will become effective on 15th April 2019.

3. SERVICE LICENCE

3.1 This Agreement constitutes a legal contract between the organisation (Licensee), as identified on the Order Form and the Licensor (hereinafter ‘BiP’) that governs the Licensee’s use of BiP’s Subscription Service available at www.pro-mitto.co.uk

3.2 Upon commencement of a Subscription, BiP as Licensor grants the Licensee the right to have up to five named Users (identified by an email address that specifically identifies the User) per Subscription of the Service.

3.3 By Subscribing to or registering for the Service, you confirm that You have authority to enter into this Agreement on behalf of the Licensee. Should BiP Solutions suspect that such information is untrue, inaccurate, not current or incomplete, it has the right to suspend or terminate a Licensed User’s usage of the Service.

3.4 You are responsible for all usage or activity on the Service. Distribution of Your password to others for access to the Service is expressly prohibited and shall constitute a breach of these Terms.

3.5 These terms apply to the BiP Service programmes (including, but not limited to CGI scripts, Subscription wizard, HTML code, BiP databases and BiP content and information programmes) that the Licensee will use.

3.6 As You represent the Licensee, you should read these terms carefully. By using the Service the Licensee agrees to be bound by these Terms and Conditions. If these Terms and Conditions are not accepted in full, the Licensee is not authorised to use the Service. The Terms and Conditions will be deemed to have been accepted on behalf of the Licensee if You Subscribe to or register for the Service.

3.7 You shall not store or save any information or data in or using the Service that is not directly pertinent to Your email campaigns or the legitimate scope of the Service.

3.8 The Licensee may not use, copy, modify, adapt, translate, reverse engineer, decompile or disassemble the Service, except as permitted hereunder or to the extent such acts may not be prohibited by law in the country of use or create derivative works based on the Service. All rights not expressly granted are reserved by BiP.

3.9 BiP reserves the right to amend the Terms and Conditions at any time and notify you via email of these changes. Such changes will be effective 30 days from our notification to you. It is the Licensee’s responsibility to review the Terms and Conditions regularly to ensure the Licensee is aware of the latest Terms and Conditions. Continued use of the Service will constitute acceptance of the modified Terms and Conditions. If the Licensee does not agree to any changes to these Terms and Conditions, then the Licensee’s only remedy is to cease using the Service and email customersupport@promitto.co.uk. Failure by BiP to inform of changes shall result in the Licensee being bound by the terms signed up to when taking out the subscription, latest renewal or the last revised version that they were informed of, whichever is the most recent.

3.10 You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “Your Data”). Your Data includes any content posted by You or by Users participating in Your campaigns and hosted through the Services. You are solely responsible for Your Data and any transactions or other activities conducted by You on or through the Services. By posting or distributing Your Data on or through the Services, You represent and warrant to BiP that (i) You have all the necessary rights to post or distribute Your Data, and (ii) your posting or distribution of Your Data does not infringe or violate the rights of any third party.

3.11 Solely for purposes of providing the Services, you hereby grant to BiP a non-exclusive, royalty-free, worldwide right and license to make archival or back-up copies of Your Data. Except for the rights expressly granted herein, BiP does not acquire any right, title or interest in or to Your Data, all of which shall remain solely with You.

4. THE SERVICE

4.1 The Service, also known as Pro Mitto, constitutes an email marketing platform, data leasing service and online portal where, subject to Subscription Level, the Licensee will get access to a variety of online business intelligence tools, data and resources, including but not limited to:

(i) Public sector and enterprise contact information

(ii) Email delivery tools

(iii) Reporting tools

5. TERMS OF BUSINESS

5.1 If the Licensee commences with a Subscription, the Licensee’s Subscription will commence from the date on which the User activates his / her account and will continue for a minimum of one year.

5.2 Subscriptions will automatically renew at the end of a one-year period unless the Licensee cancels their Subscription

5.3 Cancellations must be in writing and at least 30 days before the renewal date.

5.4 The first Subscription Period will be charged at the fee indicated in the registration process.

5.5 Should You fail to make payment within 14 days of the subscription start, or the renewal date, BiP reserve the right to suspend the service until payment of the undisputed amount is made. This does not remove the entitlement for BiP to pursue for the full balance due. The period of suspension of service will not be added to the subscription term or refunded.

5.6 Applications may be subject to credit checks.

5.7 Subscriptions may be upgraded by the Licensee during the Subscription term; however, the Licensee’s Subscription will now commence from the date on which the User upgrades his / her account and will continue for a minimum of one year from that date.

5.8 If a discount has been given against any subscription, whether as part of any promotional offer or otherwise, the discount will not apply beyond the current Subscription Period and the subscription will be renewed at the then prevailing full list price.

6. CANCELLATIONS AND DOWNGRADES

6.1 All requests to cancel must be completed via the online service.

6.2 Cancellations will only be effective from the end of the Subscription period then in progress. The Licensee will continue to be a subscriber to the service until the end of the current Subscription Period then in progress and will continue to receive the service(s) for the remainder of that current Subscription Period.

6.3 Where full payment of the current Subscription Period has been received, no refunds will be due or given. Where full payment of the current Subscription Period has not been received, any outstanding fees will become payable.

6.4 Subscribers may cancel within 14 days of the subscription start date and a full refund will be made as long as no credits have been used. . Cancellations after 14 days from the subscription start date will be effective from the end of the subscription period then in progress. The full balance owing will be payable.

6.5 You can downgrade to a lower package level only at the end of the subscription period using the online service

8. OUTSTANDING SUBSCRIPTION PAYMENTS

8.1 Failure to make full payment or failure to make monthly instalment payments, will result in the service being limited and you will not be able to send any email campaigns. This does not affect BiP’s right to collect full payment for the Subscription Fee. Should the full service be resumed, the period of time for which the Subscription has been limited will not be added to the Subscription period.

8.2 Any invoice outstanding beyond the periods stipulated above may be referred to an external debt collection agency, in which case a surcharge of 15% plus VAT will be payable to cover the collection costs incurred. This surcharge, together with all other charges and legal fees incurred will be the responsibility of the Licensee and will be legally enforceable.

8.3 Under the terms of The Late Payment of Commercial Debts (Interest) Act 1998, BiP retains the right to charge interest on overdue accounts. The interest on overdue bills is calculated at the rate of 8% above the Bank of England base reference rate. Purchasers cannot contract out of late payment legislation.

9. ABUSE PREVENTION

9.1 Licensees must adhere to the Abuse Prevention Policy

9.2 BiP reserves the right to cancel Licensees account if a user fails to follow the Abuse Prevention Policy

10. YOUR DATA ON TERMINATION OR EXPIRY OF THIS LICENCE

10.1 On the termination or expiry of this Licence, you shall cease, and shall ensure that all Users cease, all use of the Service.

10.2 You are responsible for downloading any data or documents you wish to retain beyond the life of your Subscription. You accept it is Your responsibility to do this prior to the end of your Subscription using the download facilities provided in the Service. Access to the Service will not be available for this purpose beyond the end of your Subscription Period.

10.3 Should you fail to download your data or documents before your subscription ends or terminates, BiP shall not be liable for any loss incurred by you arising from deletion of your data.

10.4 BiP will maintain data for a period of 6 months after the subscription period ends and at the expiry of this time the data will be deleted.

10.5 Should you wish access to the data after the subscription period ends, BiP reserve the right to charge for this service

11. OTHER RESTRICTIONS

11.1 The Licensee acknowledge that this Licence is to a maximum of five (5) named Users on behalf of the organisation identified on the Order form and neither this Licence nor the Service may be transferred, sub-licensed or otherwise assigned except with the express permission of BiP. In the event that the Licensee wishes to change a User, this can be completed via the online service.

11.2 Any export of the Service is subject to the requirements and restrictions of applicable laws and regulations.

11.3 The Licensee and User(s) agree that others will not be allowed to use the User’s User name, password and/or account and the Licensee and User(s) are responsible for maintaining the confidentiality and security of the account.

11.4 The Licensee agrees to notify BiP immediately of any known or suspected unauthorised use of the password and/or Subscription, including loss, theft, or unauthorised disclosure of Your password(s). You are responsible for maintaining the confidentiality of Your password. BiP shall not be responsible for any losses arising out of the unauthorised use of the User’s username, password or account and the Licensee agrees to indemnify and hold harmless BiP for any improper, unauthorised or illegal uses of the same. You will never be required to reveal Your password to any agent or representative of BiP.

11.5 Under no circumstances shall BiP , nor its affiliates, agents, and suppliers, be liable for any damages, including without limitation, direct, indirect, incidental, special, punitive, consequential, or other damages (including without limitation lost profits, lost revenues, or similar economic loss), whether in contract, tort, or otherwise, arising out of the use or inability to use the Service or any linked site, even if BiP are advised of the possibility thereof, nor for any claim by a third party except in the case of death or personal injury caused by BiP Solutions Ltd’s negligence.

11.6 The Licensee shall not copy, use, modify, transmit, distribute, reverse engineer, or in any way exploit copyrighted or proprietary materials available on this site, except as expressly permitted by BiP Solutions Ltd. Exporting, or extracting BiP Solutions Ltd data from this website into other databases is expressly prohibited as is the reselling of BiP Solutions Ltd information. All trademarks, service marks, and trade names in this site are the marks of the respective owner(s), and any unauthorised use thereof is strictly prohibited. BiP Solutions Ltd shall not be liable for any errors, inaccuracies or delays in content, or for any actions taken in reliance thereon. BiP Solutions Ltd expressly disclaims all warranties, expressed or implied, as to the accuracy of any the content provided, or as to the fitness of the information for any purpose.

11.7 the Licensee or any Users shall not send emails created using the Service through any other service

12. FAIR AND ACCEPTABLE USE POLICY

12.1 BiP’s fair and acceptable usage policy is designed to make sure the Services provided to You deliver value, are fast and reliable. This clause details uses of the Services that BiP consider to be unfair or unacceptable. You must ensure that any use of the Services, by You complies with this policy. If You contravene this policy BiP may (a) give You notice to stop the unacceptable use(s), or (b) terminate or suspend Your Services with or without notice as we consider appropriate under this agreement.

12.2 You shall not use the Services for:

12.2.1 Unlawful, fraudulent, criminal or otherwise illegal activities.

12.2.2 Sending, receiving, publishing, posting, distributing, disseminating, encouraging the receipt of, uploading, downloading or using any material which is offensive, abusive, defamatory, indecent, obscene, unlawful, harassing or menacing or a breach of the copyright, trademark, intellectual property, confidence, privacy or any other rights of any person.

12.2.3 Activities that invade another’s privacy, cause annoyance, inconvenience or needless anxiety to any person.

12.2.4 Activities that are in breach of any third party’s rights, including downloading, installation or distribution of pirated software or other inappropriately licensed software, deletion of any author attributions, legal notices or proprietary designations or labels in any file that is uploaded, falsification of the origin or source of any software, document or other material.

12.2.5 Anything that may disrupt or interfere with BiP’s network or Service or cause a host or the network to crash.

12.2.6 Launching “denial of service” attacks; “mail bombing” attacks or “flooding” attacks against a host or network.

12.2.7 Granting access to the Services to others who are not authorised Users, or in any way reselling or re-providing the Services to third parties.

12.2.8 Making excessive use of, or placing unusual burdens on the network, for example by sending or receiving large volumes of email, uploading excessively large files.

12.2.10 Circumventing the user authentication or security process of the host or network.

12.3 You are responsible for all uses made of the Services through Your account and for any breach of this policy whether an unacceptable use occurs or is attempted, whether You knew or should have known about it, whether or not You carried out or attempted the unacceptable use alone, contributed to or acted with others or allowed any unacceptable use to occur by omission. You agree that BiP is not responsible for any of Your activities in using the Services.

12.4 If BiP feel that Your activities are so excessive that other customers are detrimentally affected, BiP may give You a written warning (by email or otherwise). In extreme circumstances, if the levels of activity do not immediately decrease after the warning, BiP may terminate or suspend Your Services.

12.5 In order to safeguard the network and facilities as well as to protect against egregious use of the storage facilities provided with the Services, your usage will be subject to these terms of fair usage and BiP may monitor your usage to ensure compliance. The vast majority of BiP’s Customers will not use the Services’ storage facilities excessively. BiP will determine from time to time what is deemed excessive usage in relation to typical uses of the Services. Currently the usage range per Customer is estimated well below 10Gb of cloud storage space. This estimate is subject to periodic review based on future customer behaviour and usage of the Services.

12.6 sending emails to individuals under the age of 13

12.7 uploading or providing any social security numbers, driver’s license or state identification number or other government related identifier, financial account numbers (i.e., credit card, checking account, savings account, etc.), medical, employment, criminal records, or insurance numbers, passport numbers, or other highly sensitive personally identifiable information (collectively, “Sensitive PII”) to the Services or use the Services to collect, transfer, or store any Sensitive PII

12.8 hosting images or content on BiP Solutions servers or through BiP Solutions’s Services for any purpose other than for the sending of email campaigns

12.9 sending or transfering any message through the Services that is greater than 300 Kilobytes or use the Services in any other manner that puts an excessive burden on the bandwidth of the Services

12.10 storing or transmiting Malicious Code

13. LICENSEE’S USE OF BIP WEBSITES AND WEB-BASED ELEMENTS OF THE SERVICE

13.1 The Licensee may not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’ or other automatic device, programme, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of any BiP websites, the Service or any materials or in any way reproduce or circumvent the navigational structure or presentation of the Service to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. BiP reserves the right to bar any such activity, including via software and other electronic means.

13.2 The Licensee may not attempt to gain unauthorised access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any BiP server, or to any of the services offered on or through any BiP websites, by hacking, password ‘mining’ or any other illegitimate means.

13.3 The Licensee may not probe, scan or test the vulnerability of any BiP websites, and/or the Service or any connected network, nor breach any of BiP’s security or authentication measures. The Licensee may not reverse look-up, trace or seek to trace any information on any other User of or visitor to any BiP website or the Service, or exploit the Service or any services or information made available or offered by or through BiP’s websites, in any way where the purpose is to reveal any third party information. The Licensee will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of BiP’s websites, the Service or other systems. The Licensee agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service. The Licensee will not make or attempt any denial of service attacks against BiP.

16. CONFIDENTIALITY

16.1 During the course of the parties’ relationship, a party may have access to the other party’s Confidential Information. The parties agree that the term “Confidential Information” shall mean any information, technical data, or know-how, including, without limitation, that which relates to research, products, services, customers, markets, inventions, processes, designs, marketing, future business strategies, trade secrets, finances, and other nonpublic information of the disclosing party, including the details of this Agreement. The amount and type of Confidential Information to be disclosed is completely within the sole discretion of each party.

16.2 The parties agree that Confidential Information does not include a party’s information which the other party can establish by legally sufficient evidence:

16.2.1 Was in the possession of, or was rightfully known by a party without an obligation to maintain its confidentiality prior to its receipt from the other party;

16.2.2 Is or becomes generally known to the public without a breach of this Agreement;

16.2.3 Is obtained by a party in good faith from a third party having the right to disclose it without an obligation of confidentiality;

16.2.4 Is independently developed by a party without use, directly or indirectly, of Confidential Information received from the other party; or

16.2.5 Is authorised in writing by a party to be released from the confidentiality obligations herein.

16.3 Non-Disclosure: Each party agrees that it shall not use or permit the use of any Confidential Information of the other party except to the extent reasonably required for purposes of this Agreement, nor disclose or permit to be disclosed the Confidential Information of the other party to any person or entity (other than its own employees, agents, representatives, or affiliated entities having a reasonable need for such information for the purposes of this Agreement and that have agreed to keep such information confidential), nor duplicate any Confidential Information of the other party which consists of computer software or documentation or other materials expressly restricted against copying or which carry the notation “Confidential,” “Company Confidential,” and/or “Proprietary”, unless such duplication, use or disclosure is specifically authorized in writing by the other party. Each party agrees that damages may not be adequate to protect the other party in the event of a threatened breach of this Clause 15, and that either party may take equitable action, including seeking injunctive relief, to enforce this Clause 15.

16.4 The provisions of this Section 16 shall survive the termination or expiration of this Agreement.

16.5 Legal Disclosure. If it is reasonably necessary for the receiving party to disclose any Confidential Information to (i) enforce this Agreement, (ii) comply with a judicial or administrative proceeding or similar process, or (iii) comply with a stock exchange rule, or rule of any other regulatory authority which has jurisdiction over receiving party, the receiving party will, if permitted, provide the disclosing party with prompt written notice so the disclosing party may, at the disclosing party’s sole expense, seek a protective order or other appropriate remedy and/or waive compliance with the provisions of this Agreement. In the event such protective order or other remedy is not obtained, the receiving party will not be in breach of Section 24 by furnishing such Confidential Information as legally required and will exercise commercially reasonable efforts to obtain assurance that confidential treatment will be accorded the Confidential Information so disclosed, at the disclosing party’s expense.

17. CONSEQUENCES OF BREACH OF THESE TERMS

17.1 In the event that BiP considers or determines, in their discretion, that the Licensee has breached, violated or contravened any provision of this Agreement or have otherwise demonstrated inappropriate conduct in the use of the Service, BiP reserves the absolute right, at its sole discretion to:

i Warn the Licensee of the License violation and ask the Licensee to discontinue such conduct. and/or

ii Discontinue the Licensee’s access to the Service and/or any other related services, and/or

iii Take measures (including terminating, suspending or restricting the User’s use of the Service) to prevent the Licensee from using the Service or linking to or accessing the website, and/or

iv Terminate this Licence with immediate effect.

17.2 If BiP terminates this Agreement or suspends the Licensee’s User account(s) for any of the reasons set forth in this Agreement, BiP shall have no liability or responsibility to the Licensee, and BiP will not refund any amounts that the Licensee has previously paid.

18. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS

18.1 If BiP receives a notice alleging that the Licensee has engaged in behaviour that infringes BiP’s or any other party’s intellectual property rights, or reasonably suspects the same, BiP may suspend or terminate the Licensee’s account without notice. If BiP suspends or terminates the Licensee’s account under this paragraph, it shall have no liability or responsibility to the Licensee, including for any amounts that the Licensee has previously paid.

18.2 The Licensee shall have no liability or responsibility for any claim that arises in respect of an infringement by BiP against a third party’s intellectual property rights.

19. PATENTS AND TRADE MARKS

19.1 All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of BiP and/or its affiliates. The Licensee may not copy, display or use any of these marks without prior written permission of the relevant owner. The Service and/or portions of the Service may be protected under patent law and may be the subject of issued patents and/or pending patent applications.

20. MODIFICATIONS TO SERVICE

20.1 BiP reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to the Licensee, without any liability to the Licensee or to any third party.

20.2 BiP reserves the right to vary the free and paid-for content/features of the Service and does not guarantee that the content/features of the Service provided free of charge will remain free of charge and does not guarantee that the content/features of the Service provided subject to payment will remain a paid-for service.

21. LIMITED WARRANTY

21.1 BiP will use reasonable endeavours to make the Service available 24 hours a day during the Licensee’s Subscription period. However, BiP will not be liable if for any reason the Service is not available at any particular time or for any reasonable period.

22. END USER REMEDIES

22.1 BiP’s entire liability and the Licensee’s exclusive remedy in the event that a valid claim is made by the Licensee to BiP within the terms of the aforesaid warranty shall be, at BiP’s option, the repair, reinstatement or replacement of the Service within a reasonable time.

22.2 If any provision of this Licence is judged to be illegal or unenforceable by a court of competent jurisdiction, the remainder of the provisions of the Licence shall continue in full force and effect.

23. NO OTHER WARRANTIES

23.1 BiP and its licensors disclaim all other conditions or warranties express or implied, statutory or otherwise which are hereby expressly excluded to the extent permitted by law. For the avoidance of doubt, neither BiP nor its licensors warrant the quality or accuracy of any information or documentation resulting from or transmitted using the Service. There is no warranty by BiP or any other party or person that the functions contained in the Service will meet the Licensee’s requirement or that the operation of the Service will be uninterrupted or error free. The Licensee assumes all responsibility for the selection of the Service to achieve the Licensee’s intended results, and for the installation use and results obtained from it.

24. FORCE MAJEURE

24.1 BiP will not be liable for any delay in performing or failure to perform its obligations under this Licence due to any cause outside BiP’s reasonable control. Such delay or failure shall not constitute a breach of this Licence and the time for performance of the affected obligation shall be extended by such period as is reasonable.

25. PRIVACY AND COOKIES

25.1 This website uses cookies to store information on Users’ computers. Most of these cookies are essential to make the site work and have already been set. Others help BiP to improve the service by giving some insight into how the site is being used. BiP’s Privacy Policy details the cookies that are set and the information they store.

25.2 By using the Service and/or by accepting these Terms and Conditions the Licensee also accepts BiP’s Privacy Policy. BiP’s Privacy Policy can be found here.

26. LOCAL LAWS AND EXPORT CONTROL

26.1 BiP Solutions operates the Service from its headquarters in the United Kingdom and makes no representation that it is appropriate or available for use in other locations. 27.2 The Licensee acknowledges and agrees that Materials are subject to Scottish laws and Regulations. Diversion of such Materials contrary to Scottish law is prohibited.

27. LAW AND JURISDICTION

27.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Scotland and any disputes shall be subject to the jurisdiction of the courts of Scotland, unless otherwise submitted by BiP Solutions Ltd.

28. PROMOTIONAL DISCOUNTS

28.1 Early Bird Discount – Early bird discount of 20% is only valid against the purchase of a subscription product, when paying for the full year in advance via invoice and must be redeemed by midnight on the 28th of April 2019. This discount code cannot be used in conjunction with any other offer or discount.

28.2 Launch Discount – The launch discount of 10% is only valid against the purchase of a subscription product, when paying for the full year in advance via invoice and must be redeemed by midnight on the 29th of May 2019. This discount code cannot be used in conjunction with any other offer or discount.