FastTrack Terms and Conditions

Terms and conditions of supply


  1. DEFINITIONS

    • Subscription Form: Either (a) the form described as the subscription form or alternatively (b) the completed online subscription form, setting out particulars of the Subscriber, product and payment and signed by the Subscriber or the appropriate person on behalf of the Subscriber, together with, if any, schedules or documents setting out any subsequent variation agreed between the parties.
    • Subscriber: The subscriber is the person, persons or body authorised to represent the organisation described in the Subscription Form for the purposes of this Agreement.
    • Product: The product is the service or set of services supplied by Courtel Communications Limited ("CCL") to the Subscriber.
    • Software: The CourtServe PC software.
    • Use of the Product: The Product is to be used for the Subscriber's internal administrative and informational purposes only. Resale, reprinting, or any other form of redistribution of any Product or any portion thereof or derived there from, is expressly prohibited unless otherwise previously agreed in writing by CCL.

  2. CCL agrees

    • to provide the Subscriber for the term of this Agreement the Product and
    • to grant to Subscriber the right to the use of the Product and
    • where applicable, grants to the Subscriber a non-exclusive, non-transferable licence to run and use the Software on no more than the number of PC's specified by CCL. The Subscriber agrees to pay the amount due to CCL at the rate and by the method of payment set out in the Subscription Form.

  3. COMMENCEMENT & TERMINATION:

    This Agreement shall commence on the Commencement Date specified in the Subscription Form and, unless it shall have been terminated pursuant to Condition 11, shall continue unless and until
    • either party gives to the other no less than 30 clear days prior notice of cancellation to expire on the first or subsequent anniversary of the Commencement Date; or
    • CCL provides notice pursuant to the termination or expiry without renewal of the agreement between CCL and the Ministry of Justice relating to the distribution of court lists (the “Licence”). Such notices as provided for herein shall be mailed to the addresses set forth in the Subscription Form or to such other address as either party may designate by written notice to the other for the purposes of this Clause 3.

  4. RATE:

    The Subscriber agrees to pay CCL the Subscription Rate in accordance with the Payment Terms specified in the Subscription Form. Subsequent subscription payments shall be payable in advance of the anniversary of the Commencement Date of subsequent years or by monthly Bank Standing Order in advance.

  5. CROWN COPYRIGHT:

    Data and information contained in the Court Lists is subject to Crown Copyright. CCL is authorised to and hereby grants to the Subscriber a non-exclusive licence to use such data and information for its own internal purposes only. The Subscriber is prohibited from selling, supplying or re-transmitting the data and information to any third party in any form, and will indemnify CCL for any breach of Crown Copyright committed by any breach of this agreement.

  6. SOFTWARE COPYRIGHT:

    The Software is owned by CCL. It contains copyrighted material and is protected by the laws of England & Wales, international treaties and copyright laws. CCL also acknowledges the intellectual property rights of third parties in components used.

  7. SOFTWARE RESTRICTIONS:

    The Subscriber may not alter or modify the whole or any part of the Software nor permit the whole or any part of the Software to become combined with or incorporated in any other programme nor decompile, disassemble, or reverse engineer the Software.

  8. ASSIGNMENT:

    This Agreement may not be assigned by the Subscriber without the prior written consent of CCL, except that the Subscriber may assign this Agreement to a subsidiary, parent or affiliate of the Subscriber, provided that such subsidiary, parent, or affiliate accepts in writing all the terms and conditions of this Agreement and remains a subsidiary, parent or affiliate of the Subscriber during the term of this Agreement. The consent of CCL to such assignment shall not release the Subscriber from obligations and liabilities to CCL which have accrued hereunder as of the date of such assignment. CCL may at any time assign or sub-contract its obligations or benefits under this agreement

  9. DELIVERY:

    CCL shall, subject to Clause 13, deliver the Product(s) by the appropriate CCL delivery system (“Delivery System”). The Subscriber shall furnish space and bear and maintain all costs of installation and operation. Additional charges may be levied by CCL in respect of the installation and maintenance of any equipment and/or delivery system.

  10. DEFAULT:

    The following events shall be a default (“Default”) of the Subscriber under this Agreement:
    • the Subscriber neglects or fails, in whole or in part, to observe any of its obligations to CCL, including, but not limited to, making any payment due under this Agreement;
    • the Subscriber assigns this Agreement or any of its rights hereunder (except as permitted under the terms of Clause 8); or
    • a receiver, trustee in bankruptcy or similar officer is appointed to take charge of all or a part of the Subscriber’s property.

  11. REMEDIES UPON DEFAULT:

    Upon the occurrence of a Default, CCL may forthwith terminate this Agreement and cease delivery of the Product.

  12. EXCLUSION OF LIABILITY:

    In no event shall CCL be liable to the Subscriber for any
    • loss of profit, business, revenue or goodwill, or
    • indirect or consequential loss or damage, suffered by the Subscriber as a result of its use of the Product, Software or Delivery System.

  13. FORCE MAJEURE:

    CCL is responsible for the delivery of the Product(s) and for any technical support required to ensure continued delivery except for reasons beyond or outside its direct and/or immediate control. Such reasons shall include (but shall not be limited to) Acts of God, of licence, central or local government act, industrial dispute, fire, flood, lightning, explosion, disruption caused by computer viruses, disruptions to the Internet, delay or default on the part of any telecommunications, internet service or other third party supplier.

  14. ENTIRE AGREEMENT:

    The terms and conditions set out in this Agreement shall constitute the entire agreement between the Subscriber and CCL to the exclusion of all prior agreements, representations, warranties or undertaking whether oral or in writing.

  15. GOVERNING LAW:

    This Agreement shall be governed by the law of, and the parties submit to the exclusive jurisdiction of, the Courts of England & Wales.