These Terms and Conditions (“Terms and Conditions”) govern your access to and use of the SFG20 Service (defined below), including access on a free trial or demonstration basis. By using the SFG20 Service in any way, you indicate your agreement to these Terms and Conditions. The SFG20 Service is made available to you for personal study and research use and/or the provision of training to students, trainees or apprentices of the College stated in your Registration Form only.
Please note that we may change these Terms and Conditions from time to time. Unless otherwise specified by us, all changes to the Terms and Conditions come into force on the date that the changes are posted to the SFG20 website (including for existing Users). Changes will be notified through the SFG20 Service or may be (but are not required to be) communicated by e-mail.
1. About us
- The SFG20 Service is provided by BESA Publications Limited whose registered office is at Old Mansion House, Eamont Bridge, Penrith, Cumbria CA10 2BX (“BESA Publications”, “we”, “us” or “our”). We are registered in England and Wales under company number 03034318. Our VAT number is 188752161.
- If you need assistance, have any queries or wish to make a complaint, please contact us by e-mail at info@theBESA.com or by telephone on 01768 860405 between the hours of 9:00 am to 5:00 pm GMT, Monday to Friday (excluding public holidays in England).
2. The SFG20 Service
- The SFG20 Service is a hosted service provided by us from the website at SFG20.co.uk, (as varied from time to time) (the “SFG20 website”) which permits access to the SFG20 library of standard maintenance specifications for building engineering services, together with technical updates and current legislative references (the “SFG20 Service”). A more detailed description of the SFG20 Service is available on the SFG20 website and/or in any technical or other documentation or materials (including any user instructions) provided by us through the SFG20 website or otherwise (“User Guides”).
- Subject to these Terms and Conditions, and in consideration of you becoming familiar with the use of the SFG20 Service and the potential for the SFG20 Service to be used in your current and/or future employment (which would be subject to a separate licence), you are licensed to access the Licenced Product for the Licence Term in order to enhance the study and delivery of courses approved by BESA Publications from time to time.
3. How to register
- You must use the Registration Form to request a Licence to use the Licenced Product. Your completed Registration Form will be treated as your agreement to these Terms and Conditions, but no contract will be formed unless and until BESA Publications accepts your Registration Form.
- We are not obliged to accept any Registration Form but if we do, we will communicate our acceptance in writing (which may be by email).
- These Terms and Conditions apply to your contract with us to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of
4. Licence Term
- Subject to clause 9, each Licence Term commences on the later of the date set out in the written acceptance of your Registration Form by us or the commencement date stated in the Registration Form, and expires at the expiry date stated in the Registration Form.
- Prior to the expiry of the current Licence Term, we may notify you that you can renew or extend the Licence Term at our sole discretion subject always to the Preconditions.
5. Licence to use the SFG20 Service
- Licence: Subject to the terms of the College Registration Agreement and acceptance of your Registration Form, we hereby grant to you a non-exclusive, non-transferable right to access and use the SFG20 Service (including, without limitation, the SFG20 Materials (defined below)) in accordance with your Licenced Product during the Licenced Term in accordance with these Terms and
- Licence Conditions: The licence set out in clause 5.1 (“Licence”) is subject to the following conditions (“Licence Conditions”):
- Purpose: Access to and use of the SFG20 Service is only permitted for the purposes of non-commercial research or study and/or the provision of training to students, trainees or apprentices of the College (“Permitted Purpose”).
- Restrictions: You shall not:
- use the SFG20 Service or any of the SFG20 Materials for any purpose other than the Permitted Purpose, or
- except to the extent expressly permitted under these Terms and Conditions, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the SFG20 Service and/or the SFG20 Materials (as applicable) in any form or media or by any means, or
- attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the SFG20 Service or SFG20 website, or
- access all or any part of the SFG20 Service and/or SFG20 Materials (defined below) in order to build or provide a product or service which competes with the SFG20 Service or SFG20 Materials, or
- incorporate any part of the SFG20 Service or SFG20 Materials into any other product or service (including any online service), or
- except to the extent expressly permitted under these Terms and Conditions, license, sell, rent, lease, transfer, assign, distribute, display, disclose, commercially exploit, or otherwise make the SFG20 Service and/or SFG20 Materials available to any third party, or
- use or attempt to use the SFG20 Services and/or SFG20 Materials outside the scope of the Licenced Product and the Licence Term, or
- attempt to obtain, or assist third parties in obtaining, access to the SFG20 Service and/or SFG20 Materials, other than as expressly permitted under these Terms and
- Users: Access to and use of the SFG20 Service is only permitted to you if the Preconditions stated on your Registration Form are satisfied and you are authorised by BESA Publications as a User of the Licenced Product. As a User, you must:
- only use the SFG20 Service for the Permitted Purpose and for no other purpose;
- keep a secure password for your use of the SFG20 Service and keep your password confidential;
- not share your passwords and usernames with any person;
- notify us as soon as possible if you cease, or are no longer eligible, to use the SFG20 Service for the Permitted Purpose;
- allow us to monitor your use of the SFG20 Service to ensure that it is in accordance with these Terms and Conditions.
- SFG20 Materials: As part of the SFG20 Service you will be given access to data, content and materials (such as maintenance specifications, legislative references and updates, templates (including customisable templates) and other information or material. In these Terms and Conditions all data, content and materials (including the User Guides and Product Description) made available by us via or through the SFG20 Service are referred to as the “SFG20 Materials” and all references to access to or use of the SFG20 Service shall include access to and use of the SFG20 Materials in accordance with these Terms and Conditions during the Licence Term. The following specific conditions apply in relation to the SFG20 Materials:
- the right to electronically display SFG20 Materials retrieved from the SFG20 Service is limited to the display of those SFG20 Materials for the Permitted Purpose;
- if the right to print individual task schedules is available for the Licenced Product, such right extends only to the printout of a reasonable number of individual task schedules using the printing commands in the SFG20 Service or your web browser software;
- unless expressly permitted in these Terms and Conditions or in the Product Description for the applicable Licenced Product;
- you may not download any SFG20 Materials nor make (nor permit any third party to make) more than one copy of any SFG20 Materials printed directly from the SFG20 Service,
- you may not reuse copies of SFG20 Materials which they have printed specifically for use in relation to the Permitted Purpose for any other purpose,
- the SFG Materials may not be uploaded into any third party CAFM system or any other third party software products or systems,
- the SFG Materials may not be uploaded to any portable or hand held devices or systems, and
- you may not permit any third party, including employers or customers of yours, to use any SFG20 Materials themselves in relation to the performance of maintenance activities and you must inform such third parties that if they wish to use the SFG20 Materials for their own maintenance activities, they must purchase a subscription directly from BESA Publications;
- All access to and use of the SFG20 Materials via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of the SFG20 Services is strictly prohibited. Use of the SFG20 Materials is permitted only via manually conducted, discrete, individual search and retrieval activities;
- Incorporation of or reference to the SFG20 Service or SFG20 Materials in any other software package, application or web service, including but not limited to FM maintenance packages, O&M documentation libraries or helpdesk systems, whether your own or provided by a third party, is prohibited;
- You shall not remove, obscure or tamper with any copyright, trademark or other proprietary notice contained in the SFG20 Service or on any SFG20 Materials (including any permitted print outs of SFG20 Materials);
- Except as expressly provided in these Terms and Conditions, you are otherwise prohibited from downloading, storing, reproducing, transmitting, displaying, printing, copying, distributing or using the SFG20 Materials.
- You shall not access, store, distribute, publish, make available or transmit any viruses, worms, Trojan horses, other malware or any material during the course of your or their use of the SFG20 Service that is unlawful, harmful, threatening, bullying, defamatory, obscene, infringing, harassing, discriminatory, gives the impression that it emanates from us or any other person, if this is not the case; infringes the copyright, trademark or other intellectual property rights of any third party; or causes or risks damage or injury to any person or property. We reserve the right, without liability to you, to disable your access to any material that breaches or which we reasonably believe may breach the provisions of this clause, to remove any such material, to disable or terminate your access to the SFG20 Service in the event of any breach of this clause 7.3. No refunds shall be
- You shall not attempt to interfere with, damage or disrupt (intentionally or unintentionally, whether by denial of service attack, distributed denial of service attack, system overload, high usage or automated usage or otherwise howsoever) any part of the SFG20 Service or any equipment or network on which the SFG20 Service is stored.
- You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the SFG20 Service and, in the event of any such unauthorised access or use, promptly notify
- The rights provided under this clause 7 are granted to you only.
6. User Data
- You shall own all rights, title and interest in and to all of your business or study information which you input into any of the SFG20 Materials or the SFG20 Service, but you do not own any right, title or interest in the SFG20 Materials themselves or any customisable contents or customisations of such SFG20 Materials which have not originated solely from you and which do not consist solely of your business information (“User Data”). You shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the User Data. You hereby grant to us a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, distribute, display, modify and create derivative works of such User Data solely for the purposes and to the extent necessary to provide the SFG20
- Whilst we will not intentionally delete your User Data during a Licence Term, we shall have no liability for storing or failing to store your User Data during the Licence We will delete all your User Data 90 days after the end of your last Licence Term. Please note that we may introduce charges for data storage (“Data Storage Fee”) if you exceed any data limit we specify from time to time and your right to continue to use the SFG20 Service shall be subject to you paying the applicable Data Storage Fee (which shall be payable by direct debit or within 30 days of the date of invoice).
7. Intellectual property rights
You acknowledge and agree that (save for the User Data) we and/or our licensors own all right, title and interest to and all intellectual property rights (including all copyright, patent, trade mark and other intellectual property rights) in the SFG20 Service and the SFG20 Materials, including the SFG20 website, any related software, any databases, data (other than User Data), technology, reports, templates, models and documentation. Except as expressly stated herein, these Terms and Conditions do not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the SFG20 Service or SFG20 Materials.
8. Limited warranty and exclusions
- The parties acknowledge and agree that the SFG20 Service is being made available to the User by BESA Publications on a limited basis for the Permitted Purpose only.
- Subject to these Terms and Conditions, we warrant (for your benefit only) that the SFG20 Service shall operate materially in accordance with the User Guides.
- We do not warrant that your use of the SFG20 Service will be uninterrupted or error-free; nor that the SFG20 Service, User Guides, other SFG20 Materials and/or the information obtained by you through the Service will meet your requirements.
- We do not warrant that the content of the SFG20 Materials or any information provided as part of the SFG20 Service is complete, accurate and up to The SFG20 Service and/or SFG20 Materials is not and should not be deemed to be a substitute for professional or legal advice or judgment nor to provide technical advice with respect to particular circumstances. Whilst reasonable efforts are made to keep the SFG20 Materials up to date you should obtain independent verification or advice before relying upon any piece of information in circumstances where loss or damage may result. Please note that the SFG20 Service is based on and in England and Wales and is currently targeted at users operating with properties in England and Wales only. No legislation is included from any other jurisdiction.
- We are not 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 SFG20 Service may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
- To the extent permitted by law, no warranty, condition, undertaking or term implied, statutory or otherwise, as to the condition, quality, performance, durability or fitness for purpose of the SFG20 Service is given by
- Your sole and exclusive remedy for any breach by us of the limited warranty in clause 10.1, is to use reasonable endeavours to remedy any defect in the SFG20 Service or, if we deem it impractical to do so (in our sole discretion) to permit you to terminate your Licence Term.
9. Limitation of liability
- This clause 9 sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors or those of our affiliates) to you in respect of:
- any breach of these Terms and Conditions,
- any use made by you of the SFG20 Service and/or SFG20 Materials or any part of them, and
- any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Terms and
- Except as expressly and specifically provided in these Terms and Conditions:
- you assume sole responsibility for use of the SFG20 Service and the SFG20 Materials by you,
- all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms and Conditions, and
- the SFG20 Service and the SFG20 Materials are provided to you on an "as is"
- Nothing in these Terms and Conditions excludes or restricts our liability for:
- death or personal injury caused by our negligence, or
- fraud or fraudulent misrepresentation, or
- any other matter the liability for which cannot be restricted or excluded by
- Subject to clause 9.2 and clause 9.3, we shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms and Conditions.
- We may terminate this Agreement immediately by written notice to you if you:
- commit a material or persistent breach of this Agreement which you fail to remedy (if remediable) within 7 days after the service of written notice requiring you to do so; or
- fail to satisfy the Preconditions at any given time.
- Upon termination for any reason:
- all rights granted to you under this Agreement shall cease;
- you must cease all activities authorised by this Agreement; and
- you must immediately delete or remove the SFG20 Service and SFG20 Material from all computer equipment in your possession and immediately destroy or return to us (at our option) all copies of the SFG20 Service and SFG20 Material then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
11. Communications between us
- If you wish to contact us in writing, or if any condition in this Agreement requires you to give us notice in writing, you can send this to us by email or by pre-paid post to SFG20, BESA Publications Limited at Old Mansion House, Eamont Bridge, Penrith, Cumbria CA10 2BX or sfg20.info@theBESA.com. We will confirm receipt of this by contacting you in writing, normally by email.
- If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide or confirm to us.
12. Other important terms
- We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- You may only transfer your rights or your obligations under this Licence to another person if we agree in writing.
- BESA Publications shall be entitled to enforce clauses 4, 14.2 and 14.3 of this Agreement.
- A person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement. This does not affect any right or remedy of a third party which exists, or is available, apart from that Act.
- Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- These terms are governed by the laws of England and Wales and you can bring legal proceedings in respect of these terns in the courts of England and Wales.
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