|Terms of Subscription|
Retail Motor Law Limited (“RML”)
Legal Advice Subscription Service
RML Legal Service
1. The RML Legal Service is an annual subscription based service designed specifically to assist business, which operate within the Retail motor industry whether in vehicle sales, body repair or mechanical service and repair.
2. During the course of the subscription, you, or someone nominated by you, are entitled to use the Service for the period of your subscription for your own business use only. You agree not to permit any other external party access to the Service.
3. You represent and warrant to RML that you will only use the Service in the ordinary course of your business, and will not in any circumstances resell the Service or any part thereof. Further you agree not to use the Service on behalf of any third party, nor use the Service for commercial gain. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Service. No pages shall be reproduced on or transmitted to or stored in or on any web site or other form of electronic retrieval system.
Use of the Helpline
4. The Helpline is provided in house by RML’s specialist advisors. The Helpline shall be provided during normal office hours. You may contact the Helpline on the numbers provided from time to time. You may also email of fax a document to RML who will then contact you to discuss your requirements. When discussing a Document with an RML adviser, you must ensure that you have all relevant documentation and information readily available.
The Subscription Fee
5. The Member shall make an agreed payment to RML (‘The Subscription Fee’), in return to access and use the services and the provisions by RML including telephone advice and assistance.
6. The Subscription Fee shall be payable annually in advance, unless paid in accordance with clause 7. The First subscription Fee shall be payable on or before the Subscription Date and each subsequent Subscription Fee shall be invoiced by RML prior to each anniversary of the Subscription date.
7. Subscriptions must be paid annually in full, except were RML expressly agrees in writing to accept the Subscription Fee by Standing Order. In consideration of RML agreeing to accept payments by instalments, the Member agrees that the initial subscription shall be for a minimum of 12 months and thereafter will be renewed annually unless cancelled in accordance with clause 9.
a. Failure, by the Client, to pay any part of the Subscription Fee as and when due shall give RML, without prejudice to its other rights and remedies, the right to demand immediate payment of the whole Subscription Fee.
b. RML agrees, on the expiry of the initial 12-month period, to confirm, by statement, the Standing Order amounts received for the preceding subscription.
8. Subscriptions run for a full year and credit will not be given for cancellations during the year.
9. RML shall grant to the Client non-exclusive rights to access and to use the Services upon the terms of the Agreement, which shall commence upon the date you first subscribe to the Services (‘the Subscription Date’) and shall continue unless and until terminated by either Party pursuant to this Clause.
a. RML may, without prejudice to its other rights or remedies, terminate the Agreement without notice by writing to its member in the event of:
i. The dissolution or liquidation of the member’s corporate identity, any declaration of insolvency by a competent court, or the appointment of a receiver or administrator in respect of the member, or
ii. Monies owing to RML by the member being in arrears and unpaid 28 days after the same shall have become due (whether legally demanded or not), or
iii. Member being in serious or persistent breach of any of its obligations under the Agreement, or
iv. The sale of all or substantially all of the member’s assets, or the transfer of a controlling interest in the member to an unaffiliated third party.
b. The rights and duties created by clause 10 shall survive the Termination of the agreement.
c. The Agreement may be terminated by the Member giving RML:
i. Not less than 30 days written notice to expire on any anniversary of the Subscription Date. Failure to give notice by such deadline shall mean that the Agreement shall continue and the Customer shall be liable to pay the Subscription Fee up until the following anniversary. RML may at its sole discretion allow an earlier termination upon payment by the Customer of a cancellation charge, or
ii. If the Subscription Fee is paid by Standing Order, by the Customer giving RML not less than 90 days written notice to expire on any anniversary of the Subscription Date. Failure to give notice by such deadline shall mean that the Agreement shall continue and the Customer shall be liable to pay the Subscription Fee up until the following anniversary, provided that RML may at its sole discretion allow earlier termination upon payment by the Customer of a cancellation charge, or
d. RML may, at it’s sole discretion, terminate the subscription by giving Member not less than 30 days written notice, if the Member refuses to implement or follow RML’s advice, or if the actions of the member are likely to cause harm to RML‘s reputation within the Retail Motor Industry. In such circumstance no credit will be given for any remaining subscription period.
10. Each party undertakes to keep confidential all information whether written or oral, which is obtained, in respect of the other party’s business affairs, whether said information is obtained directly as a result of the Subscription Service or not.
11. Prior to the commencement of the subscription service RML will request, and the Member agrees to supply, the names of persons within their organisation who are authorised to obtain advice from RML.
12. RML agrees to take all reasonable precautions to ensure that any advice given, especially with respect to employment, is only given to persons authorised by the member within the member’s organisation.
13. Whilst RML employs Solicitors they are not covered by the Law Society Solicitors’ Indemnity Fund, however, throughout the contract period, RML agrees to maintain professional indemnity insurance in respect of the services provided to members.
14. To the extent permitted by law, you agree that RML shall not be liable for any consequential or incidental damages (including but not limited to any financial loss and loss of business or profits) or for failure to meet any duties even if Retail Motor Law or its representatives have been advised of the possibility of such damages arising.
15. Notwithstanding any other provisions of the Terms, nothing shall limit RML's liability in respect of death or personal injury caused by RML's negligence.
16. Further the member also agrees to limit RML’s liability in respect to any losses incurred by the Member, save for those indicated in clause 15 above, as a result of any advice or assistance obtained through its legal service, to twice the Subscription Fee or, the amount that the member paid to RML annually to receive the Subscription Service.
17. If any provision of these Terms is held to be invalid or unenforceable, then the remaining provisions of the Terms and of the paragraph in question shall remain in full force and effect.
18. Any notice which RML or you are required to give pursuant to these Terms shall be made by e-mail or first class post, in the case of you, to the address provided below, in the case of us, to the address below.
19. RML employs barristers who have re-qualified as solicitors who hold current practising certificates issued by the Law Society. They do not have a practising certificate from, and are not fully regulated by, the Bar Council. Although the Bar Council can consider complaints against RML barristers, it cannot require them to pay compensation for inadequate professional service or pay compensation itself for any wrongdoing on the part of RML barristers. The primary rules governing RML lawyers are those of the Law Society. (See term 13 above)
20. No delay or omission on the part of Retail Motor Law in exercising any right, power or remedy under these Terms shall impair or detract from such right, power or remedy or operate as a waiver thereof.
21. These Terms shall be governed by and construed in accordance with English law, and by entering into this agreement you agree to submit to the exclusive jurisdiction of the English Courts.
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