Terms and Conditions:
(1) Player Factory whose address is Player Factory Football Coaching, 20 The Cross, Neston CH64 9UB (‘Player Factory’) and
(2) The Person Firm or Company whose details appear on the Order Form (‘The Advertiser’)
2.1 “Order Form” means the completed online or hard copy subscription request form.
2.2 “Website” means the website www.player-factory.com
2.3 “Agreement” means the Order Form and these Terms and Conditions which are incorporated into the same.
2.4 “Fees” means the payments and fees referred to in the Order Form to be paid in accordance with Clause 8 below.
2.5 “Intellectual Property Rights” means copyright trade marks trade names database rights rights in undisclosed or confidential information and other similar or related intellectual property rights whether registered or not.
- Obligations of ‘PLAYER FACTORY’
3.1 ‘PLAYER FACTORY’ will operate the Website and will deliver coaching drills as per the Agreement.
3.2 ‘PLAYER FACTORY’ agrees to provide all levels of access required as per the agreement.
- Obligations of The Subscriber
4.1 The Subscriber will be responsible for the payment of Fees in accordance with Clause 6 and will be deemed to have full authority in all matters connected with the Agreement.
- Initial Term/Renewal
The initial term of this Agreement will be for one (1) month on a monthly paid contract or twelve (12) months on an annual paid contract (‘initial term’) commencing on the date of this agreement. At the expiration of the initial term, this Agreement will automatically renew for another month (a “Renewal Term” and collectively with the initial Term the “Term”) unless the Subscriber provides ‘Player Factory’ with notice of its intention not to renew this Agreement and cancels the payment subscription at least three (3) days prior to the expiration of the then current term.
Cancellation must be made by emailing email@example.com to give official notice of cancellation. ‘Player Factory’ will send a confirmation of cancellation once cancelled.
6.1 The Fees for Advertising include charges for coaching drill creation, all design, production and display of material on the website www.player-factory.com and any/all promotions/campaigns, featured or otherwise.
6.2 The Subscriber agrees to pay the Fees by Debit/Credit card. Queries regarding payments must be submitted to ‘PLAYER FACTORY’ by email (firstname.lastname@example.org).
6.3 The Subscriber will be liable to pay interest on any amount not paid when due at the rate of 4% above Barclay’s Bank base rate in force from time to time from the due date until the actual date of payment.
7.1 This Agreement cannot be cancelled by the Subscriber during the Initial Term or Renewal Term.
7.2 This Agreement can be cancelled at the end of the Initial Term and the Renewal Term pursuant to Clause 6 by giving at least three (3) days written notice by email to email@example.com.
- Warranties Liability Indemnity
8.1 The Subscriber will fully indemnify keep fully indemnified and hold harmless ‘PLAYER FACTORY’ against all actions proceedings costs damages expenses claims demands and liabilities arising from or in connection with the Subscriber’s negligence or any breach by the Subscriber of this Agreement or in any manner howsoever arising.
9.1 ‘PLAYER FACTORY’ can terminate this Agreement by giving written notice to the Subscriber if the Subscriber commits any material breach of any of the provisions of this Agreement and either:
9.1.1 the breach is not capable of remedy; or
9.1.2 if the breach is capable of remedy (including but not limited to where the Subscriber has failed to pay the Fees within the required time periods) and the Subscriber fails to remedy it within 48 hours after receiving a written notice from ‘PLAYER FACTORY’ containing full particulars of the breach requiring remedy.
9.1.3 In both circumstances in 11.1.1 and 11.1.2 the full Fees for the term remain payable.
9.2 Either party can terminate this Agreement forthwith by notice in writing to the other party if the other party enters into liquidation otherwise than for the purpose of an amalgamation or reconstruction save in circumstances approved by the first party; or the other party ceases to carry on business has a receiver or administrator appointed over its assets or undertakings enters into any arrangement with its creditors or takes or suffers any similar action in consequence of a debt or other liability.
9.3 Termination by either party will be without prejudice to any rights which may have accrued at the date of termination.
During the period of this Agreement the parties will use reasonable endeavours to ensure that the details of this Agreement and any proprietary or confidential information relating to the business products accounts finance or contractual arrangements or other dealings transactions technical information or trade secrets of the other party are not disclosed.
11.1 The parties hereby acknowledge and agree that:
11.2 This Agreement is personal to the Subscriber.
11.3 No failure delay or neglect by either party to enforce at any time any provision of this Agreement will be construed as nor will it be deemed a waiver of that party’s right in respect of such provision nor will it in any way affect the validity of this Agreement nor prejudice that party’s rights.
11.4 Except where provided for in this Agreement no variation will be binding on either party unless in writing and agreed between both parties.
11.5 No person who is not a party to this Agreement will be entitled to enforce any of its terms pursuant to the Contracts (Rights of Third Parties) Act 1999.
11.6 Any notice to be given under this Agreement will be in writing by email and will be deemed to be effectively served if sent by email to firstname.lastname@example.org.
11.7 This Agreement contains the entire agreement and understanding of the parties and supersedes all prior agreements understandings or arrangements (oral and written) relating to the subject matter of this Agreement.
11.8 This Agreement shall be governed and construed in accordance with the laws of England and Wales and the parties hereby agree to submit to the exclusive jurisdiction of the courts of England and wales.
11.9 Each party hereby acknowledges and consents to the other party without further notice electronically recording telephone conversations between their respective representatives in connection with the Agreement or other commercial matters between them.
VALID as from September 2018