ADI Sites Terms & Conditions
1: Introduction
The ADI Sites brand is owned and operated by Jon Reynolds Driver Training (www.winchesterdriving.co.uk). The control panel system and any other coding excluding third party scripts is owned by Pixart Studio (www.pixart-studio.co.uk). Your use of the ADI Sites website constitutes your acceptance of these Terms and Conditions and our Privacy Policy as amended from time to time. If you do not agree to these Terms and Conditions or our Privacy Policy you should not use the website.
2: Disclaimer
Jon Reynolds Driver Training will be the sole contact for members of ADI Sites.
3: Liability
ADI Sites members are solely responsible for their own website content. Jon Reynolds Driver Training is not responsible for content updated on members’ websites even though we provide web hosting and control panel access to administrate the members’ websites.
4: Unlawful use
You agree to use the ADI Sites website only for lawful purposes and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of the website by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is defamatory, or which may harass, cause distress or inconvenience to any person and the transmission of obscene or offensive content or the disruption of normal flow of dialogue within the website.
5: Self Employed Status
Jon Reynolds Driver Training and you declare and acknowledge that you are a self-employed independent contractor and nothing in these Terms & Conditions shall make you an employee or agent of Jon Reynolds Driver Training.
6: Length of Agreement
You agree to pay Jon Reynolds Driver Training for the ADI Sites website, as set out in Clause 5, for a minimum of 6 months from date of commencement of your membership of ADI Sites (subject to these terms & conditions). After the first 6 months your membership of ADI Sites may be terminated by either party giving to the other no less than four full week’s prior written notice of termination.
7: Your payment obligations
You shall:
a) Pay to Jon Reynolds Driver Training the monthly fee of £28 on the 28th day of every month by standing order for a minimum of 6 months until such time as your membership of ADI Sites is terminated.
b) The website fee as detailed above shall be of such amounts as are notified to you by Jon Reynolds Driver Training from time to time. All such fees and charges are available on request and, for the avoidance of doubt, Jon Reynolds Driver Training shall be entitled to vary the amount of such fees and charges by giving you at least four weeks advance notice.
c) The payments referred to in paragraph 5:a of this clause shall be paid by you by arranging an appropriate variable standing order mandate made in favour of Jon Reynolds Driver Training.
d) For the avoidance of doubt non-payment of Jon Reynolds Driver Training fees shall constitute a material breach of these terms and conditions in accordance with Clause 9.
8: Your key obligations
You agree to ensure that you hold all necessary licences and/or registrations (including all required DSA qualifications and renewals thereof) as shall properly enable you to give professional driving instruction in accordance with the DSA recommended procedures and submit to all relevant DSA driving instructor testing.
9: No compensation on termination
As a self-employed independent contractor you shall under no circumstances be entitled to receive any compensation or other payments if Jon Reynolds Driver Training terminates your membership of ADI Sites in accordance with Clause 9.
10: Use of Jon Reynolds Driver Training brand
Under no circumstances will you be entitled to: Make any representation that you represent, carry any endorsement from, or are in any way associated to Jon Reynolds Driver Training. Under no circumstances shall you be permitted to use any trade mark, service mark or other logo type of Jon Reynolds Driver Training.
11: Termination
Jon Reynolds Driver Training may terminate your membership of ADI Sites immediately in the event that you are in material breach of any of the provisions set out herein including but not limited to non-payment of funds due to Jon Reynolds Driver Training or you commit or are alleged to have committed any criminal offence which Jon Reynolds Driver Training considers could prejudice your ability to properly conduct driving instruction.
12: Return of Jon Reynolds Driver Training property on termination
The ADI Sites website shall remain the property of Jon Reynolds Driver Training on termination of your membership of ADI Sites.
13: Recovery of monies owed to Jon Reynolds Driver Training on termination
Within eight weeks of termination of your membership of ADI Sites Jon Reynolds Driver Training shall notify you of any sums owing to Jon Reynolds Driver Training under these terms and conditions and any such sums shall be paid by means of the variable standing order noted in Clause 5c or by such other means as Jon Reynolds Driver Training may reasonably require.
14: Use of Jon Reynolds Driver Training name and brand following termination
Following the termination of your membership of ADI Sites you must not make any representation that you or your business is or has been in any way connected with or associated to Jon Reynolds Driver Training. For the avoidance of doubt the parties agree that the provisions of this Clause 12 shall remain in full force and effect after your membership of ADI Sites has been terminated.
15: No assignment
The rights granted to you under these terms and conditions are personal to you and you may not assign or otherwise transfer them to any third party without Jon Reynolds Driver Training’s prior written consent.
16: No partnership
Nothing in these terms and conditions shall make you and Jon Reynolds Driver Training partners or parties to a joint venture or make either party liable for any of the debts or obligations of the other party and you shall in no way be considered as being an agent or representative of Jon Reynolds Driver Training in any dealings which you may have with any third party and you shall not act for or make any representation on behalf of Jon Reynolds Driver Training in any such dealings and shall have no power to contract on behalf of Jon Reynolds Driver Training.
17: Variation of this agreement
Jon Reynolds Driver Training reserves the right at any time without notice to revise the content of the ADI Sites website and these Terms and Conditions. In the event that you choose to continue using the ADI Sites website in accordance with Clause 5 you shall have accepted the revised website and/or terms and conditions.
18: Governing law
These Terms and Conditions shall be governed by and construed in accordance with English law and any disputes arising from or in connection with these Terms and Conditions and your use of the ADI Sites website shall be subject to the exclusive jurisdiction of the courts of England and Wales.
19: Headings
The headings used in these terms and conditions are for convenience only and shall not affect its interpretation.
20: Entire agreement
These Terms and Conditions supersede and invalidate all prior express or implied communications, representations, warranties, stipulations, undertakings and commitments made relating to the subject matter hereof which may have been made by Jon Reynolds Driver Training either orally or in writing prior to the date hereof, and which shall become null and void from the date these Terms and Conditions are signed.
21: Force Majeure
If Jon Reynolds Driver Training is prevented from or hindered or delayed in providing a fully functional website by reason of any circumstances beyond its reasonable control, it shall be excused performance to the extent it is affected by the circumstances concerned.
