Definitions                                                                      

In this Agreement the following definitions shall apply:

• ChangeBEAT is a trading name of Contact to ContRact Ltd.

• “Contact to ContRact” means Contact to ContRact Ltd, of Totteridge, London, N20 8WZ.

• "The Licensee” means the individual or company to whom ExecKIT ToolKITs have been provided.

• “ExecKIT” is a collection of copyrighted ”components” which are electronic documents, spreadsheets, presentations and other forms or software, containing content designed to be relevant to the IT software and services executive.

• “ExecKIT ToolKITs” consist of one or more such components (as described at www.ExecKIT.com) which may be transmitted electronically or otherwise provided to the Licensee.

• “Single User Licence” means a licence granted by Contact to ContRact for the personal use of the single person who downloads (or otherwise acquires) the ExecKIT ToolKIT on one single-user personal computer only. Such a licence strictly forbids the copying or transmission of the ExecKIT ToolKIT or any components thereof in any way whatsoever.

• “Server Licence” means a licence granted by Contact to ContRact which entitles the Licensee to make the ExecKIT ToolKIT or its derivatives available through a shared computer resource to some, any or all of the employees of the company or legal entity to whom the licence is granted. This Server Licence enables all of the employees to use the ExecKIT ToolKIT or components during the normal course of business and allows them to copy ExecKIT ToolKITs to personal computers owned by (or on behalf of) the legal entity to whom the licence is provided for the use of the employees (or contractors) as a part of their normal business. The Server Licence is provided on the basis of the number of employees who work for the company (or other legal entity) on whose behalf the server licence is acquired.

• This Agreement is accepted by the Licensee at the point where a transfer of an ExecKIT ToolKIT is initiated.

Intellectual Property

Contact to ContRact asserts herewith ownership of the copyright and all other intellectual property rights in ExecKIT components. Copyright and intellectual property in ExecKIT components shall remain vested in Contact to ContRact, and all rights are reserved. It is strictly forbidden to reproduce, copy, transmit or otherwise pass on ExecKIT ToolKITs or components, or any element of ExecKIT components, except as provided for in this document. The Licensee shall not sub-license or resell any elements of ExecKIT, or its derivatives, to any third party.

Agreement

In consideration of full payment of the charge as displayed at ExecKIT.com, Contact to ContRact will grant to the Licensee a perpetual non-exclusive, non-transferable Single User Licence or Server Licence for the use of ExecKIT ToolKITs, subject to the restrictions described in this agreement.

By downloading this toolkit you agree that Contact to ContRact Ltd may send to you news about its activities, products or services from time to time. You will have the option to unsubscribe if you prefer not to receive these communications.

Exclusions

It is strictly forbidden for consultants or consultancy companies or any other person or organisation to license, purchase or download and use ExecKIT components for the purposes of supporting the sale of consulting services or any other purpose to third parties or offering a similar or competing service to ExecKIT except as separately agreed with Contact to ContRact in writing.

Installation

It will be the responsibility of the Licensee to install and maintain ExecKIT ToolKITs for the Licensee’s own use. The Licensee may edit and update the ExecKIT ToolKIT, but may not remove or obscure the Contact to ContRact copyright notice.

Contact to ContRact's Warranty

Contact to ContRact undertakes to supply one copy of the agreed ExecKIT ToolKIT. Contact to ContRact's only warranty is that if the copy of data provided is unreadable, Contact to ContRact shall provide another copy until such time as the data may be read. Save as provided above, Contact to ContRact disclaims all warranties of any kind either expressed or implied including without limitation implied warranties of suitability and fitness for a particular purpose.
In no event shall Contact to ContRact be liable for direct or indirect loss or damage nor shall the Licensee be entitled to incidental or consequential damages or damages for loss of profits.
All fees are exclusive of VAT and any sales or similar taxes (including import duties, local, city or federal taxes where applicable) and any expenses for which the Licensee shall be solely responsible.

Payment

Immediate payment is required for all credit and debit card payments.

Delivery

Upon receipt of payment you will receive a confirmation e-mail confirming your transaction. After this you will receive another e-mail which will contain a download link allowing you to access your chosen product.

Customer Support and Problem Handling

All queries and refunds are handled in a timely manner and we strive to provide excellent customer service. Any queries and claims for credit should be sent directly to ChangeBEAT, and we endeavour to respond to all complaints within five working days.

If you should have any queries or wish to request a refund, please contact ChangeBEAT, citing the relevant order/invoice number.

ChangeBEAT
ChangeBEAT House
PO Box 28629
London
N20 8WZ
United Kingdom
Tel: +44 (0) 208 446 6946
E-mail: ToolKITSupport@ChangeBEAT.com

Viruses

Contact to ContRact shall check ExecKIT components before delivery for the existence of any computer viruses with a virus-checking package. The Licensee shall also check ExecKIT components on receipt. Contact to ContRact can accept no liability for any viruses found in ExecKIT components under any circumstances whatever.

Permission to Copy or Modify

The Licensee may adapt and modify ExecKIT components to support its own business activities. Subject to the Licensee’s statutory rights, the Licensee undertakes to use and modify ExecKIT components only in accordance with this Agreement for its own business purposes and otherwise not to copy it except under the terms of the Server Licence as defined above. The Licensee may also take only so many back-up copies of the software as are reasonably necessary for operational security.
Copyright notices contained in ExecKIT components and on the media containing ExecKIT shall be reproduced in the exact form in any copy made of ExecKIT components.

Security

The Licensee shall effect and maintain adequate security measures to safeguard ExecKIT from access or use by any unauthorised person and shall retain all copies thereof under its effective control.

Severability

If any part or provision of this Agreement not being of a fundamental nature be held illegal or unenforceable, the validity or enforceability of the remainder of this Agreement shall not be affected.

Waiver

The failure of either party at any time to enforce any provision of this Agreement shall in no way affect its right thereafter to require complete performance by the other party. Any waiver to be effective must be in writing from the party granting the waiver.

Law

The construction, validity and performance of this Agreement shall be governed by English law, and the parties hereby irrevocably submit to the non-exclusive jurisdiction of the Courts of England and Wales.

Entire Agreement

No representation made or given by or on behalf of Contact to ContRact shall form part of the agreement between Contact to ContRact and the Licensee unless it is specifically incorporated in this Agreement. No addition to or modification of this Agreement shall apply unless specifically agreed in writing by Contact to ContRact and the Licensee.