Terms & Conditions

Subscriber’s Terms and Conditions

Contracting Party
Your subscription contract will be fulfilled by Encouraging-words.org Ltd, a company registered in England and Wales under registered number 08053225 whose registered office is at Encouraging-words.org Ltd, 51 Purnells Way, Knowle, Solihull, B93 9JP.

When the contract is formed
By setting up a standing order in favour of Encouraging-words.org you agree you have read, understand and accept the terms and conditions below for all use of Encouraging-words.org’s services.  If you do not agree to these terms and conditions, do not subscribe.

Changes to terms and conditions
Encouraging-words.org reserves the right to update or amend these Terms and Conditions at any time.

Termination of service
Encouraging-words.org may, at its sole discretion, terminate or suspend the access to the Services or any portion thereof of any user for any reason.

Pricing
The monthly cost of the subscription is £6.00.  The cost of your subscription may increase from time to time.  When this happens we will contact you to request you amend your standing order.

Correct Information
We will send the service to the email address provided.  It is your responsibility to supply correct information to us including your email address.

Non-Delivery
We will not be liable to you for any delay in delivery or non-delivery of services where such delay or failure is due to circumstances beyond our control or the control of our sub–contractors and agents, including but not restricted to war, electricity power failure, utilities failure, failure of telecommunications links, failure of transport infrastructure, fire, flood, government act, act of God, legislative constraints, strikes, labour disputes or malicious damage involving employees.

Cancellation
You may cancel your subscription at any time by simply cancelling your standing order.

Copyright
All Encouraging-words.org materials, including the email messages, are copyrighted.  Except as expressly authorized by us, you agree not to copy, modify, sell, exploit for any commercial purposes, distribute or create derivative works based on any or all of Encouraging-words.org materials.  Re-distribution of the email messages-such as by automated email forwarding systems—is not permitted.

Liability
Although we have made efforts to ensure the information in any Encouraging-words.org service is accurate we assume no responsibility or liability for any injury, loss, damage, cost or expense suffered or claims made in connection with your use of the service.

Warranties
To the extent permitted by law, we exclude all warranties about any advice or information that you obtain through or from Encouraging-words.org and if we breach any warranties that we cannot lawfully exclude, we limit our liability to providing the relevant part of the email message again or refunding the cost of the email message.

Applicable law
These Terms and Conditions are governed by English law. You hereby irrevocably submit to the exclusive jurisdiction of the English courts notwithstanding the jurisdiction where you are based.

Entire Agreement
These Terms and Conditions override any contrary terms or conditions published by us in relation to any order placed by you with us.

Advocate’s Terms and Conditions

Contracting Party
The Advocate’s contract is with Encouraging-words.org Ltd, a company registered in England and Wales under registered number 08053225 whose registered office is at Encouraging-words.org Ltd, 51 Purnells Way, Knowle, Solihull, B93 9JP.

When the contract is formed
By sending information on potential subscribers to Encouraging-words.org you agree you have read, understand and accept the terms and conditions below.  If you do not agree to these terms and conditions, do not send any information.

Changes to terms and conditions
Encouraging-words.org reserves the right to update or amend these Terms and Conditions at any time.

Termination of contract
Encouraging-words.org may, at its sole discretion, terminate or suspend its contract with the Advocate for any reason.  The Advocate may also cancel the contract at any time.  If the Advocate ceases to be a subscriber they automatically terminate their contract as an Advocate.  Once a contract is terminated no further monies will be paid by Encouraging-words.org.

Unethical behaviour
Any Advocate acting in an unethical or unprofessional manner may have their contract terminated at the sole discretion of Encouraging-words.org.  This includes activities such as spamming.

Relationship of parties
While the parties shall work hand-in-hand for the benefit of both, the parties acknowledge and agree that the Advocate shall, from a legal perspective, act as and shall be an independent contractor and not an employee or agent of Encouraging-words.org. Nothing in this Agreement or these Terms and Conditions shall create a partnership, joint venture, agency, or franchise between the parties in the legal sense of these terms. The Advocate shall not sign any document in the name of or on behalf of Encouraging-words.org nor shall it hold itself out as being an agent of Encouraging-words.org or as having apparent authority to contract for or bind Encouraging-words.org.

Recruitment of subscribers
An Advocate will be credited with the recruitment of a subscriber after an Advocate has supplied information about a potential subscriber who then goes on to subscribe within three months.  The information supplied (Name, email address and mobile number) is required to definitively identify a potential subscriber.  If two Advocates supply information about the same potential subscriber, the Advocate who supplies the information first will be credited with the recruitment.  The subscribers recruited directly by the Advocate are known as level 1 subscribers.  If a level 1 subscriber then goes on to become an Advocate and recruit subscribers, these are known as level 2 subscribers.  Level 2 subscribers can then go on to recruit level 3 subscribers.

Commission and payments
Commission amounts and percentages are subject to change without notice.  The current payments are as follows:
The payments are as follows:

Level 1 subscribers:    15% of subscription cost (currently 90p)
Level 2 subscribers:    10% of subscription cost (currently 60p)
Level 3 subscribers:    5% of subscription cost (currently 30p)
There are no payments for level 4 subscribers.

Payments will be made monthly into the Advocate’s nominated bank account at the end of the month after the month the relevant subscriptions have been paid.

If one of the Advocate’s cancels their subscription the payments for that person will also stop.  If this subscriber has also become an advocate and recruited other subscribers, these subscribers will move up a level. 

Corporate subscriptions
The above payment amounts apply to individual subscriptions only.  If the Advocate is successful in recruiting corporate subscribers, the Advocate will be rewarded on a different basis.  This will be determined by Encouraging-words.org on a case by case basis.

Restrictions
The Advocate may not promote any other email subscription business or forward any Encouraging-words.org email messages to a third party.  Distribution of email messages remains the sole preserve of Encouraging-words.org.

Liability
Encouraging-words.org shall not be liable to the Advocate for defects in the service, interruptions in the accessibility to the service, infringements on data or loss of data on the information handling system, defects in the security system or viruses or other harmful software components, loss of profits, contracts, loss of reputation, loss caused by any third party deleting, removing, deactivating or tampering with the information handling system or other indirect or consequential loss whether arising from negligence, breach of contract or whatsoever.

Taxes
The Advocate is responsible for any and all taxes payable in your resident domicile or jurisdiction, for any income you receive from Encouraging-words.org.

Applicable law
These Terms and Conditions are governed by English law. You hereby irrevocably submit to the exclusive jurisdiction of the English courts notwithstanding the jurisdiction where you are based.

Entire Agreement
These Terms and Conditions override any contrary terms or conditions published by us in relation to any order placed by you with us.