Terms of Service

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Please read these terms and conditions carefully.  By confirming your acquisition of a Zenplans Accounts Package, you confirm that you accept these terms and conditions and that you agree to comply with them.  If you do not agree to these terms and conditions, you must not confirm your acquisition of a Zenplans Account Package.

1. ABOUT US

1.1 Zenplans.com and any affiliated applications and websites (“our site”) is operated by Zen Plans Ltd (”we” and “us”). We are a limited company, registered in England and Wales under company number 12014930 and have our registered office at 293 Kenton Lane, Harrow, England, HA3 8RR.

1.2 To contact us, please email help@zenplans.co.uk

2. OUR CONTRACT WITH YOU

2.1 These terms and conditions (“Terms”) apply to the acquisition by you, and the supply by us to you, of a Zenplans Accounts Package (“Contract”). These Terms apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

2.2 The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty that is not set out in the Contract or these Terms.

2.3 You should print off a copy of these Terms for future reference.

3. ZENPLANS ACCOUNTS PACKAGE AND CONTRACT TERM

3.1 We shall provide Zenplans Accounts Package to you in accordance with these Terms.   In these Terms:

(a) The Base Zenplans Accounts are the number of Zenplans Accounts which you agree to purchase upon acceptance of these Terms.  

(b) The Additional Zenplans Accounts are any additional Zenplans Accounts (over and above the Base Zenplans Accounts) to be provided by us to you under these Terms.  

(c) The Zenplans Accounts Package comprises the Base Zenplans Accounts and the Additional Zenplans Accounts.

3.2 We shall make the number of Zenplans Accounts which comprise the Zenplans Accounts Package available to an equivalent number of your nominees, on Zenplans’ Client terms and conditions of use.

3.3 You will, and you will procure that your nominees will, co-operate with us in all matters relating to the services provided by us under these Terms.

3.4 The Contract between you and us will come into existence upon acceptance by you of these Terms (“Commencement Date”) and shall continue for a period of 12 months unless terminated earlier in accordance with these Terms (“Initial Term”).  Thereafter the Contract shall continue for further period of 12 months unless terminated earlier in accordance with these Terms (each a “Renewal Term”).  The Initial Term and any Renewal Term shall together be known as the “Contract Term”. 

4. CHARGES

4.1 In consideration of us providing the Zenplans Accounts Package to you, you must pay our charges including VAT (“Charges”) in accordance with this clause 4.

4.2  The Charges comprise the following:

(a) A Base charge for each of the Base Zenplans Accounts (being the price quoted on our site for the Base Zenplans Accounts on the date of acceptance of these Terms); and

(b) An additional charge for each Additional Zenplans Account (being the price quoted on our site for the Additional Zenplans Accounts on the date of acceptance of these Terms).

4.3 We reserve the right to increase the Charges after expiry of the Initial Term. We will provide you with at least [30] days’ notice of any increase in Charges.  Any increase in Charges will become effective on the day following expiry of the [30] day notice period.

5. HOW TO PAY

5.1 Payment for your Zenplans Accounts Package is monthly in advance.  The first payment is due on the date of acceptance of these Terms. 

5.2 We will submit an invoice to you in respect of the Charges payable each month. 

5.3 Payment for the Zenplans Account is by credit card or by direct debit. Your designated bank account will be charged for the Charges payable each month during the Contract.  

5.4 Without prejudice to any other right or remedy that it may have, if you fail to pay us any sum due on the due date:

(a) you shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%; and

(b) we may suspend all or part of the Zenplans Accounts Package until payment has been made in full or we may terminate the Contract in accordance with clause 13.1. 

5.6 You shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

6. CANCELLING YOUR ZENPLANS ACCOUNTS PACKAGE

6.1 You may cancel the Contract and receive a refund within 14 days of the Commencement Date, PROVIDED THAT none of the Zenplans Accounts which form part of your Zenplans Accounts Package have been accessed. You must notify us of the cancellation in accordance with the procedure set out in clause 6.3.  If you do not notify us of the cancellation using the procedure set out in clause 6.3, your cancellation will not be valid. If you cancel the Contract within 14 days of the Commencement Date in accordance with this clause 6.1, you will be entitled to a full refund of any monies paid. You cannot cancel the Contract and obtain a refund after any Zenplans Account which forms part of your Zenplans Accounts Package has been accessed, even if the initial 14 day period is still running. 

6.2 Following expiry of the initial 14 day period from the Commencement Date, you may cancel the Contract at any time during the Contract Term provided you give us at least 7 days’ notice of the cancellation prior to expiry of the Initial Term or any Renewal Term, as the case may be.  No refunds will be given in these circumstances.  You must use the procedure for cancellation set out in clause 6.3.  If you do not notify us of the cancellation using the procedure set out in clause 6.3, your cancellation will not be valid.

6.3 To cancel the Contract, you must cancel through the Subscription and Payments page on our site. We will email you to confirm we have received your cancellation.

6.4 Upon cancellation in accordance with this clause 6, your Zenplans Accounts Package will be suspended with effect from the date of expiry of the notice of cancellation or the last day of the Initial Term or the Renewal Term (as the case may be), whichever is earlier, and you and your nominees will cease to have access to the Zenplans Accounts Package (unless any such nominee wishes to continue to use a Zenplans Account and agrees to purchase a Zenplans Account in their own right).

7. OUR SERVICES

7.1 Any descriptions, explanations or illustrations on our site are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.

7.2 The services under the Contract will be provided by us using reasonable care and skill.

8. YOUR OBLIGATIONS

8.1 It is your responsibility to ensure that:

(a) the information you may provide to us regarding your nominees is correct and accurate in all material respects, and you will notify us of any changes to such information including a change of email address; 

(b) you co-operate with us in all matters relating to the services we provide to you under the Contract; and

(c) you inform us immediately if you become aware that any third party is using or attempting to use a Zenplans Account which forms part of the Zenplans Accounts Package without your consent.

8.2 You shall not upload, store, distribute, introduce or transmit through our site:

(a) any viruses, trojans, worms, logic bombs or any other material or device that is malicious or technologically harmful and which may prevent, impair or otherwise adversely affect the operation of our site or any computer software, hardware or network connected to our site; and/or

(b) any material that (i) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (ii) facilitates illegal activity; or (iii) depicts sexually explicit images or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activities (and we have the right to remove any such material).

8.3 You are responsible for configuring your information technology, computer programmes and platform to access our site.  

8.4 Whilst we will use all reasonable endeavours to keep our site secure and free from bugs and viruses, we do not guarantee that our site will be secure or free from bugs or viruses and you are responsible for using your own virus protection software.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 All intellectual property rights in or arising out of or in connection with the Zenplans Accounts Package are owned by us.

9.2 All intellectual property rights in the material published on our site (other than intellectual property rights in any materials uploaded by your nominees onto a Zenplans Account) including without limitation all content and design of our site (“Materials”) is owned by us.  

9.3 You retain all of your ownership rights in your content and any materials uploaded by you onto your Zenplans Account and you grant us a limited licence to store that content and materials.  Further details of how we will store any materials that you upload are set out in our Privacy Policy.

9.4 The Materials are protected by copyright laws. All rights are reserved.

9.5 The Contract does not grant you any rights to, or in, any patents, copyrights, database rights, trade secrets, trade names, trade marks (whether registered or unregistered) or any other rights or licences in respect of the Zenplans Account Package, our site, the Materials or any related documentation.

9.6 You must not:

(a) attempt to copy, duplicate, modify, create derivative works from or distribute all or any portion of the Materials except to the extent expressly set out in these Terms; 

(b) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human perceivable form all or any part of the Materials; or

(c) access all or any part of our site in order to build a product or service which competes with the products and services provided by us.

9.7 You may not download any of the Materials without our prior written consent.  

9.8 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us.  

9.9 If you print off, copy or download any part of our site in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.  We reserve the right to suspend or cancel your Zenplans Account Package in these circumstances.

11. HOW WE MAY USE PERSONAL INFORMATION

11.1 We will use any personal information you provide to us regarding you and/or your nominees to provide the services under the Contract and provide access for your nominees to the Zenplans Accounts forming part of the Zenplans Accounts Package.

11.2 Further details of how we will use and process personal information [including our confidentiality obligations] are set out in our Privacy Policy.

12. LIMITATION OF LIABILITY

12.1 Nothing in these Terms or the Contract limits or excludes any liability which cannot legally be limited or excluded, including liability for fraud or fraudulent misrepresentation.

12.2 Subject to clause 12.1, we exclude all implied conditions, warranties, representations or other terms that may apply to our site or content on it.

12.3 Subject to clause 12.1, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with these Terms or the Contract or the use of, or inability to use, our site, including without limitation:

(a) any loss or damage resulting from a virus, trojan, logic bomb or any other material or device that is malicious or technologically harmful, which originates from your computer hardware or software or the computer hardware or software of any of your nominees;

(b) any loss or damage resulting from a third party accessing any Zenplans Account which forms part of the Zenplans Accounts Package, where such access was not caused by or arising out of our negligence or wilful default;

(c) any loss of use or corruption of software, data or information; 

(d) any loss of profit, loss of business or revenue, business interruption or loss of opportunity; 

(e) any loss of or damage to goodwill; or

(f) any indirect, special or consequential loss or damage.

12.4 Notwithstanding clauses 12.1 to 12.3, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise, will be limited to 50% of the total Charges paid by you under the Contract during the 12 month period commencing on date of acceptance by you of these Terms or any anniversary of that date (as the case may be) during which such liability arises.

12.5 Unless you notify us that you intend to make a claim under this clause within the notice period, we shall have no liability for the event giving rise to such claim (“Event”). The notice period for a claim shall start on the day on which you became, or ought reasonably to have become, aware of the Event having occurred and shall expire 1 month from that date. The notice must be in writing and must identify the Event and the grounds for the claim in reasonable detail.

12.6 This clause 12 will survive termination of the Contract.

13. TERMINATION

13.1 Without limiting any of our other rights, we may suspend your Zenplans Accounts Package, or terminate the Contract with immediate effect (with no further liability to you) by giving written notice to you if:

(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 10 days of you being notified in writing to do so; or

(b) you fail to pay any amount due under the Contract on the due date for payment.

13.2 On termination of the Contract:

(a) you shall immediately pay to us any outstanding amounts under the Contract; and

(b) all of the Zenplans Accounts which comprise the Zenplans Accounts Package shall be suspended forthwith and your nominees cease to have access to the relevant Zenplans Accounts (unless any such nominee wishes to continue to use a Zenplans Account and agrees to purchase a Zenplans Account in their own right).  

13.3 Termination of the Contract will not affect either party’s rights and remedies that have accrued as at termination.

13.4 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

14. EVENTS OUTSIDE OUR CONTROL

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (“Event Outside Our Control”).

14.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under the Contract will be suspended for the duration of the Event Outside Our Control.

14.3 You may cancel the Contract if an Event Outside Our Control has continued for more than 30 days during the Contract Term. To cancel please follow the procedure set out in clause 6.3. If you opt to cancel in these circumstances we will refund the amount of the Charges you have paid, less a pro rata percentage of the Charges incurred under the Contract up to the date of your cancellation.

15. COMMUNICATIONS BETWEEN US

15.1 When we refer to “in writing” in these Terms, this includes email.

15.2 Any notice or other communication given under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.

15.3 A notice or other communication is deemed to have been received:

(a) if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;

(b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or

(c) if sent by email, at 9.00 am the next working day after transmission.

15.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

15.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.

16. GENERAL

16.1 Assignment and Transfer.  

(a) We may assign or transfer our rights and obligations under the Contract to another entity. We will notify you in writing or by posting on our site if this happens.

(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

16.2 Variation. Any variation of the Contract or these Terms will be notified to you in writing or by posting on our site, and such variation will take effect on the first day of the next Renewal Term.  If you do not agree to the variation of the Contract or these Terms then you should cancel the Contract in accordance with the procedure set out in clause  6.3.

16.3 Waiver. If we do not insist that you perform any of your obligations under the Contract or these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

16.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

16.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.

16.6 Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.

Please read these terms and conditions carefully.  By confirming your acquisition of a Zenplans Account, you confirm that you accept these terms and conditions and that you agree to comply with them.  If you do not agree to these terms and conditions, you must not confirm your acquisition of a Zenplans Account.

1. ABOUT US

1.1 Zenplans.com and any affiliated applications and websites (“our site”) is operated by Zen Plans Ltd (”we” and “us”). We are a limited company, registered in England and Wales under company number 12014930 and have our registered office at 293 Kenton Lane, Harrow, England, HA3 8RR.

1.2 To contact us, please email help@zenplans.co.uk

2. OUR CONTRACT WITH YOU

2.1 These terms and conditions (“Terms”) apply to the acquisition by you, and the supply by us to you, of a Zenplans Account (“Contract”). These Terms apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

2.2 The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty that is not set out in the Contract or these Terms.

2.3 You should print off a copy of these Terms for future reference.

3. OPENING A ZENPLANS ACCOUNT AND CONTRACT TERM

3.1 Please follow the onscreen prompts to open your Zenplans Account. You may only open a Zenplans Account using the method set out on our site. 

3.2 Our accounts opening process allows you to check and amend any inputting errors before acquiring a Zenplans Account. Please check your details carefully before confirming your Zenplans Account. You are responsible for ensuring that your Zenplans Account details are complete and accurate.

3.3 Your Zenplans Account will be opened, and the Contract between you and us will come into existence, when you have completed all the required information during the accounts opening process and you click Sign Up (“Commencement Date”). We will email you to confirm that your Zenplans Account has been opened.

3.4 The Contract will commence on the Commencement Date and continue until cancelled or terminated in accordance with these Terms (“Contract Term”).

4. CHARGES

4.1 The organisation shown as the provider of your Zenplans Account in the Accounts Settings section of your Zenplans Account (“Company”) shall be liable for paying all charges in relation to your Zenplans Account. No charges shall be payable by you to us in relation to your Zenplans Account.

5. CANCELLING YOUR ZENPLANS ACCOUNT

5.1 You may cancel the Contract at any time during the Contract Term. You must use the procedure for cancellation set out in clause 5.3.  If you do not notify us of the cancellation using the procedure set out in clause 5.3, your cancellation will not be valid.

5.2 To cancel the Contract, you must cancel your Zenplans Account on our site. We will email you to confirm we have received your cancellation.

5.3 Upon cancellation in accordance with this clause 5, your Zenplans Account will be suspended with effect from the date of expiry of the notice of cancellation, and you will cease to have access to your Zenplans Account from that date.

6. OUR SERVICES

6.1 Any descriptions, explanations or illustrations on our site are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.

6.2 The services under the Contract will be provided by us using reasonable care and skill.

7. YOUR OBLIGATIONS

7.1 It is your responsibility to ensure that:

(a) the information you input when opening your Zenplans Account is correct and accurate in all material respects, and you will notify us of any changes to such information including a change of email address;

(b) you co-operate with us in all matters relating to the services we provide to you under the Contract; and

(c) you keep all of your original materials and documents which you upload to your Zenplans Account at your premises in safe custody at your own risk, maintain them in good condition and not dispose of them for the duration of the Contract. 

7.2 You shall not upload, store, distribute, introduce or transmit through our site:

(a) any viruses, trojans, worms, logic bombs or any other material or device that is malicious or technologically harmful and which may prevent, impair or otherwise adversely affect the operation of our site or any computer software, hardware or network connected to our site; and/or

(b) any material that (i) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (ii) facilitates illegal activity; or (iii) depicts sexually explicit images or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activities (and we have the right to remove any such material).

7.3 You are responsible for configuring your information technology, computer programmes and platform to access our site.  

7.4 Whilst we will use all reasonable endeavours to keep our site secure and free from bugs and viruses, we do not guarantee that our site will be secure or free from bugs or viruses and you are responsible for using your own virus protection software.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 All intellectual property rights in or arising out of or in connection with the Zenplans Account are owned by us.

8.2 All intellectual property rights in the material published on our site (other than intellectual property rights in any materials uploaded by you onto your Zenplans Account) including without limitation all content and design of our site (“Materials”) is owned by us.  

8.3 You retain all of your ownership rights in your content and any materials uploaded by you onto your Zenplans Account and you grant us a limited licence to store that content and materials.  Further details of how we will store any materials that you upload are set out in our Privacy Policy.

8.4 The Materials are protected by copyright laws. All rights are reserved.

8.5 The Contract does not grant you any rights to, or in, any patents, copyrights, database rights, trade secrets, trade names, trade marks (whether registered or unregistered) or any other rights or licences in respect of the Zenplans Account, our site, the Materials or any related documentation.

8.6 You must not:

(a) attempt to copy, duplicate, modify, create derivative works from or distribute all or any portion of the Materials except to the extent expressly set out in these Terms; 

(b) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human perceivable form all or any part of the Materials; or

(c) access all or any part of our site in order to build a product or service which competes with the products and services provided by us.

8.7 You may not download any of the Materials without our prior written consent.  

8.8 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us.  

8.9 If you print off, copy or download any part of our site in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.  We reserve the right to suspend or cancel your Zenplans Account in these circumstances.

9. KEEPING YOUR ZENPLANS ACCOUNT DETAILS SAFE

9.1 If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

9.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms or the Contract.  

9.3 If you know or suspect that anyone other than you and your Delegate knows your user identification code or password, you must promptly notify us at help@zenplans.co.uk.

9.4 You must notify us in the relevant section of your Zenplans Account of any nominated third party that you appoint (“Delegate”), including their full name and contact email address.  You must ensure that your Delegate agrees to these Terms, in particular clause 8.

9.5 In the event of your death or incapacity, upon receipt by us of a copy of your death certificate or proof of your incapacity (as the case may be) from your nominated Delegate, using the Delegate’s email address that you notify to us in your Zenplans Account, we will grant your nominated Delegate access to your Zenplans Account, and you hereby consent thereto.  We will not be responsible for verifying the validity or accuracy of a death certificate or proof of incapacity presented to us by your nominated Delegate.  Your nominated Delegate shall be entitled to access your Zenplans Account for a period of [12] months following the date of your death or incapacity (and no additional fee shall be payable in respect thereof). 

10. HOW WE MAY USE YOUR PERSONAL INFORMATION

10.1 We will use any personal information you provide to us to provide the services under the Contract and process your payment for the Zenplans Account.

10.2 Further details of how we will use and process personal information [including our confidentiality obligations] are set out in our Privacy Policy.

11. LIMITATION OF LIABILITY

11.1 Nothing in these Terms or the Contract limits or excludes any liability which cannot legally be limited or excluded, including liability for fraud or fraudulent misrepresentation.

11.2 Subject to clause 11.1, we exclude all implied conditions, warranties, representations or other terms that may apply to our site or content on it.

11.3 Subject to clause 11.1, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with these Terms or the Contract or the use of, or inability to use, our site, including without limitation:

(a) any loss or damage resulting from a virus, trojan, logic bomb or any other material or device that is malicious or technologically harmful, which originates from your computer hardware or software

(b) any loss or damage resulting from a third party accessing your Zenplans Account, where such access was not caused by or arising out of our negligence or wilful default;

(c) any loss of use or corruption of software, data or information; 

(d) any loss of profit, loss of business or revenue, business interruption or loss of opportunity; or

(e) any indirect, special or consequential loss or damage.

11.4 Notwithstanding clauses 11.1 to 11.3, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to 50% of the total Charges paid by the Company under the Contract in respect of the 3 month period immediately preceding the loss or damage.

11.4 This clause 11 will survive termination of the Contract.

12. TERMINATION

12.1 Without limiting any of our other rights, we may suspend your Zenplans Account, or terminate the Contract with immediate effect (with no further liability to you) by giving written notice to you if:

(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 10 days of you being notified in writing to do so; or

(b) the Company fails to pay any amount due in relation to your Zenplans Account on the due date for payment or

(c) the Company terminates their agreement with us relating to the provision of your Zenplans Account

12.2 On termination of the Contract you will cease to have access to your Zenplans Account.  Details of what happens to your uploaded materials after termination of the Contract are set out in our Privacy Policy.

12.3 Termination of the Contract will not affect either party’s rights and remedies that have accrued as at termination.

12.4 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

13. EVENTS OUTSIDE OUR CONTROL

13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (“Event Outside Our Control”).

13.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under the Contract will be suspended for the duration of the Event Outside Our Control.

13.3 You may cancel the Contract if an Event Outside Our Control has continued for more than 30 days during the Contract Term. To cancel please follow the procedure set out in clause 5.3. 

14. COMMUNICATIONS BETWEEN US

14.1 When we refer to “in writing” in these Terms, this includes email.

14.2 Any notice or other communication given under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.

14.3 A notice or other communication is deemed to have been received:

(a) if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;

(b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or

(c) if sent by email, at 9.00 am the next working day after transmission.

14.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

14.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.

15. GENERAL

15.1 Assignment and Transfer.  

(a) We may assign or transfer our rights and obligations under the Contract to another entity. We will notify you in writing or by posting on our site if this happens.

(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

15.2 Variation. Any variation of the Contract or these Terms will be notified to you in writing or by posting on our site, and such variation will take effect on the first day of the next Renewal Term.  If you do not agree to the variation of the Contract or these Terms then you should cancel the Contract in accordance with the procedure set out in clause 5.3.

15.3 Waiver. If we do not insist that you perform any of your obligations under the Contract or these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

15.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

15.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.

15.6 Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.

Please read these terms and conditions carefully.  By accessing the Zenplans Account as a nominated delegate, you confirm that you accept these terms and conditions and that you agree to comply with them.  If you do not agree to these terms and conditions, you must not access the Zenplans Account.

1. ABOUT US

1.1 Zenplans.com and any affiliated applications and websites (“our site”) is operated by Zen Plans Ltd (”we” and “us”). We are a limited company, registered in England and Wales under company number 12014930 and have our registered office at 293 Kenton Lane, Harrow, England, HA3 8RR. 

1.2 To contact us, please email help@zenplans.co.uk

2. THESE TERMS

2.1 You are accessing this Zenplans Account as a nominated delegate.

2.2 These terms and conditions (“Terms”) apply to the access by you, and the supply by us to you, as a delegate, of the Zenplans Account to which you have been nominated as a delegate. These Terms apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

2.3 These Terms constitute the entire agreement between you and us in relation to their subject matter. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty that is not set out in these Terms.

2.4 Any descriptions, explanations or illustrations on our site are published for the sole purpose of giving an approximate idea of the services described in them. They do not form part of these Terms or have any contractual force.

2.5 You should print off a copy of these Terms for future reference.

3. ACCESS TERM

3.1 You may access this Zenplans Account for so long as the Zenplans Account holder grants you permissions as a delegate, in accordance with those permissions. 

3.2 In the event of the death or incapacity of the Zenplans Account holder, upon receipt by us of a copy of the death certificate or proof of incapacity of the Zenplans Account holder (as the case may be), we will grant you read only access to the parts of the Zenplans Account that the Zenplans Account holder had delegated you future access to, for a maximum period of 12 months from the date of such death or incapacity. We will not be responsible for verifying the validity or accuracy of a death certificate or proof of incapacity presented to us in accordance with this clause; however if in our opinion the death certificate or proof of incapacity presented to us is or appears to be fraudulent, invalid or inaccurate then, in our discretion, we will be entitled to withhold full access to you, to the Zenplans Account and we will not be required to make any further enquiries into the death or incapacity of the Zenplans Account holder.

4. CHARGES

No charges shall be payable by you to us in relation to the Zenplans Account.

5. CANCELLING THE ZENPLANS ACCOUNT

5.1 If, following the death or incapacity of the Zenplans Account holder, you no longer need access to the Zenplans Account, please cancel your Zenplans Account on our site. We will email you to confirm we have received your cancellation.

5.2 Upon cancellation in accordance with this clause, the Zenplans Account will be suspended with effect from the date of cancellation, and you will cease to have access to the Zenplans Account.

6. YOUR OBLIGATIONS

6.1 It is your responsibility to ensure that you co-operate with us in all matters relating to the services we provide to you in relation to the Zenplans Account.

6.2 You shall not upload, store, distribute, introduce or transmit through our site:

(a) any viruses, trojans, worms, logic bombs or any other material or device that is malicious or technologically harmful and which may prevent, impair or otherwise adversely affect the operation of our site or any computer software, hardware or network connected to our site; and/or

(b) any material that (i) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (ii) facilitates illegal activity; or (iii) depicts sexually explicit images or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activities (and we have the right to remove any such material).

6.3 You are responsible for configuring your information technology, computer programmes and platform to access our site.  

6.4 Whilst we will use all reasonable endeavours to keep our site secure and free from bugs and viruses, we do not guarantee that our site will be secure or free from bugs or viruses and you are responsible for using your own virus protection software.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 All intellectual property rights in or arising out of or in connection with the Zenplans Account are owned by us.

7.2 All intellectual property rights in the material published on our site including without limitation all content and design of our site (“Materials”) is owned by us.  

7.3 The Materials are protected by copyright laws. All rights are reserved.

7.4 These Terms do not grant you any rights to, or in, any patents, copyrights, database rights, trade secrets, trade names, trade marks (whether registered or unregistered) or any other rights or licences in respect of the Zenplans Account, our site, the Materials or any related documentation.

7.5 You must not:

(a) attempt to copy, duplicate, modify, create derivative works from or distribute all or any portion of the Materials except to the extent expressly set out in these Terms; 

(b) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human perceivable form all or any part of the Materials; or

(c) access all or any part of our site in order to build a product or service which competes with the products and services provided by us.

7.6 You may not download any of the Materials without our prior written consent.  

7.7 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us.  

7.8 If you print off, copy or download any part of our site in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.  We reserve the right to suspend or cancel the Zenplans Account in these circumstances.

8. KEEPING YOUR ZENPLANS ACCOUNT DETAILS SAFE

8.1 If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

8.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.  

8.3 If you know or suspect that anyone other than knows your user identification code or password, you must promptly notify us at help@zenplans.co.uk

9. HOW WE MAY USE YOUR PERSONAL INFORMATION

9.1 We will use any personal information you provide to us to provide the services in relation to the Zenplans Account.

9.2 Further details of how we will use and process personal information [including our confidentiality obligations] are set out in our Privacy Policy.

10. LIMITATION OF LIABILITY

10.1 Nothing in these Terms limits or excludes any liability which cannot legally be limited or excluded, including liability for fraud or fraudulent misrepresentation.

10.2 Subject to clause 10.1, we exclude all implied conditions, warranties, representations or other terms that may apply to our site or content on it.

10.3 Subject to clause 10.1, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with these Terms or the use of, or inability to use, our site, including without limitation:

(a) any loss or damage resulting from a virus, trojan, logic bomb or any other material or device that is malicious or technologically harmful, which originates from your computer hardware or software

(b) any loss or damage resulting from a third party accessing the Zenplans Account, where such access was not caused by or arising out of our negligence or wilful default;

(c) any loss of use or corruption of software, data or information; 

(d) any loss of profit, loss of business or revenue, business interruption or loss of opportunity; or

(e) any indirect, special or consequential loss or damage.

10.4 Notwithstanding clauses 10.1 to 10.3, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to 50% of the total Charges paid in relation to the Zenplans Account in the 1 month period preceding the death or disability of the Zenplans Account holder.

10.4 This clause 10 will survive suspension or cancellation of the Zenplans Account.

11. BREACH

Without limiting any of our other rights, we may suspend the Zenplans Account (with no further liability to you) by giving written notice to you if you commit a material breach of any of these Terms and (if such a breach is remediable) fail to remedy that breach within 10 days of you being notified in writing to do so.

12. EVENTS OUTSIDE OUR CONTROL

12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control (“Event Outside Our Control”).

12.2 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under these Terms will be suspended for the duration of the Event Outside Our Control.

13. COMMUNICATIONS BETWEEN US

13.1 When we refer to “in writing” in these Terms, this includes email.

13.2 Any notice or other communication given under or in connection with these Terms must be in writing and be delivered by email.

13.3 A notice or other communication is deemed to have been received at 9.00 am the next working day after transmission of the email.

13.4 In proving the service of any notice, it will be sufficient to prove that the email was sent to the specified email address of the addressee.

13.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.

14. GENERAL

14.1 Assignment and Transfer.

(a) We may assign or transfer our rights and obligations under these Terms to another entity. We will notify you in writing or by posting on our site if this happens.

(b) You may not assign or transfer your rights or your obligations under these Terms to any other person.

16.2 Variation. Any variation of these Terms will be notified to you in writing or by posting on our site, and such variation will take effect immediately.  If you do not agree to the variation of these Terms then you must discontinue accessing the Zenplans Account.  If you continue accessing the Zenplans Account after notification of such variation you will be deemed to have agreed to the variation.

16.3 Waiver. If we do not insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

16.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

16.5 Third party rights. These Terms operate between you and us. No other person has any rights to enforce any of these Terms.

16.6 Governing law and jurisdiction. These Terms are governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with these Terms to the exclusive jurisdiction of the English courts.

Please read these terms and conditions carefully.  By confirming your acquisition of a Zenplans Account, you confirm that you accept these terms and conditions and that you agree to comply with them.  If you do not agree to these terms and conditions, you must not confirm your acquisition of a Zenplans Account.

1. ABOUT US

1.1 Zenplans.com and any affiliated applications and websites (“our site”) is operated by Zen Plans Ltd (”we” and “us”). We are a limited company, registered in England and Wales under company number 12014930 and have our registered office at 293 Kenton Lane, Harrow, England, HA3 8RR.

1.2 To contact us, please email help@zenplans.co.uk.

2. OUR CONTRACT WITH YOU

2.1 These terms and conditions (“Terms”) apply to the acquisition by you, and the supply by us to you, of a Zenplans Account (“Contract”). These Terms apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

2.2 The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty that is not set out in the Contract or these Terms.

2.3 You should print off a copy of these Terms for future reference.

3. OPENING A ZENPLANS ACCOUNT AND CONTRACT TERM

3.1 Please follow the onscreen prompts to open your Zenplans Account. You may only open a Zenplans Account using the method set out on our site. 

3.2 Our accounts opening process allows you to check and amend any inputting errors before acquiring a Zenplans Account. Please check your details carefully before confirming your subscription. You are responsible for ensuring that your subscription for a Zenplans Account is complete and accurate.

3.3 Your Zenplans Account will be opened, and the Contract between you and us will come into existence, when you have completed all the required information during the accounts opening process and you click “Pay and Join” in the final step of that process (“Commencement Date”). We will email you to confirm that your Zenplans Account has been opened.

3.4 If you have purchased a monthly subscription (“Monthly Plan”), the Contract will continue for successive one month periods (after expiry of the first month following the Commencement Date) unless and until you give us notice of cancellation in accordance with clause 6.3. If you have purchased an annual subscription (“Annual Plan”), the Contract will continue for successive one year periods (after expiry of the first year following the Commencement Date) unless and until you give us notice of cancellation in accordance with clause 6.3.  The initial period of one month or one year in respect of the Monthly Plan and Annual Plan respectively shall be known as the “Initial Term”.  Each successive one month period or one year period in respect of the Monthly Plan and Annual Plan respectively shall be known as the “Renewal Term”.  The Initial Term and the Renewal Term together shall be known as the “Contract Term”.

4. CHARGES

4.1 In consideration of us providing access to a Zenplans Account, you must pay our charges including VAT (“Charges”) in accordance with this clause 4.

4.2  The Charges are the prices quoted on our site at the time you confirm your subscription for a Zenplans Account.

4.3 We reserve the right to increase the Charges. We will provide you with at least 7 days’ notice of any increase in Charges.  Any increase in Charges will become effective at the start of the following Renewal Term.

5. HOW TO PAY

5.1 Payment for your Zenplans Account is in advance on the Commencement Date and the first day of any Renewal Term (unless you have cancelled the Contract in accordance with clause 6).

5.2 Payment for the Zenplans Account is by credit or debit card. Your designated bank account will be charged for the Charges payable in relation to the Contract.  

5.3 Your designated bank account will be charged for the Charges payable in relation to the Initial Term on the Commencement Date, and in relation to each Renewal Term automatically on the first day of the Renewal Term unless you have given notice of cancellation in accordance with Clause 6.  If for any reason your designated bank fails to pay the Charges on the due date in relation to a Renewal Term, your Zenplans Account may be suspended or terminated in accordance with clause 13.1. 

5.3 You shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

6. CANCELLING YOUR ZENPLANS ACCOUNT

6.1 You may cancel the Contract and receive a refund within 14 days of the Commencement Date. You must notify us of the cancellation in accordance with the procedure set out in clause 6.3.  If you do not notify us of the cancellation using the procedure set out in clause 6.3, your cancellation will not be valid. If you cancel the Contract within 14 days of the Commencement Date in accordance with this clause 6.1, you will be entitled to a full refund of any monies paid. 

6.2 Following expiry of the initial 14 day period from the Commencement Date, you may cancel the Contract at any time during the Contract Term provided you give us at least 7 days’ notice of the cancellation prior to expiry of the Initial Term or any Renewal Term, as the case may be.  No refunds will be given in these circumstances.  You must use the procedure for cancellation set out in clause 6.3.  If you do not notify us of the cancellation using the procedure set out in clause 6.3, your cancellation will not be valid.

6.3 To cancel the Contract, you must cancel through the Subscription and Payments page on our site on our site. We will email you to confirm we have received your cancellation.

6.4 Upon cancellation in accordance with this clause 6, your Zenplans Account will be suspended with effect from the date of expiry of the notice of cancellation or the last day of the Initial Term or the Renewal Term (as the case may be), whichever is earlier, and you will cease to have access to your Zenplans Account.

7. OUR SERVICES

7.1 Any descriptions, explanations or illustrations on our site are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.

7.2 The services under the Contract will be provided by us using reasonable care and skill.

8. YOUR OBLIGATIONS

8.1 It is your responsibility to ensure that:

(a) the information you input when opening your Zenplans Account is correct and accurate in all material respects, and you will notify us of any changes to such information including a change of email address;

(b) you co-operate with us in all matters relating to the services we provide to you under the Contract; and

(c) you keep all of your original materials and documents which you upload to your Zenplans Account at your premises in safe custody at your own risk, maintain them in good condition and not dispose of them for the duration of the Contract. 

8.2 You shall not upload, store, distribute, introduce or transmit through our site:

(a) any viruses, trojans, worms, logic bombs or any other material or device that is malicious or technologically harmful and which may prevent, impair or otherwise adversely affect the operation of our site or any computer software, hardware or network connected to our site; and/or

(b) any material that (i) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (ii) facilitates illegal activity; or (iii) depicts sexually explicit images or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activities (and we have the right to remove any such material).

8.3 You are responsible for configuring your information technology, computer programmes and platform to access our site.  

8.4 Whilst we will use all reasonable endeavours to keep our site secure and free from bugs and viruses, we do not guarantee that our site will be secure or free from bugs or viruses and you are responsible for using your own virus protection software.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 All intellectual property rights in or arising out of or in connection with the Zenplans Account are owned by us.

9.2 All intellectual property rights in the material published on our site (other than intellectual property rights in any materials uploaded by you onto your Zenplans Account) including without limitation all content and design of our site (“Materials”) is owned by us.  

9.3 You retain all of your ownership rights in your content and any materials uploaded by you onto your Zenplans Account and you grant us a limited licence to store that content and materials.  Further details of how we will store any materials that you upload are set out in our Privacy Policy.

9.4 The Materials are protected by copyright laws. All rights are reserved.

9.5 The Contract does not grant you any rights to, or in, any patents, copyrights, database rights, trade secrets, trade names, trade marks (whether registered or unregistered) or any other rights or licences in respect of the Zenplans Account, our site, the Materials or any related documentation.

9.6 You must not:

(a) attempt to copy, duplicate, modify, create derivative works from or distribute all or any portion of the Materials except to the extent expressly set out in these Terms; 

(b) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human perceivable form all or any part of the Materials; or

(c) access all or any part of our site in order to build a product or service which competes with the products and services provided by us.

9.7 You may not download any of the Materials without our prior written consent.  

9.8 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us.  

9.9 If you print off, copy or download any part of our site in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.  We reserve the right to suspend or cancel your Zenplans Account in these circumstances.

10. KEEPING YOUR ZENPLANS ACCOUNT DETAILS SAFE

10.1 If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party 

10.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms or the Contract.  

10.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at help@zenplans.co.uk

10.4 You must notify us in the relevant section of your Zenplans Account of any nominated third party that you appoint (“Delegate”), including their full name and contact email address. Your Delegate must agrees to our delegate terms to access your Zenplans Account.

10.5 In the event of your death or incapacity, upon receipt by us of a copy of your death certificate or proof of your incapacity (as the case may be) from your nominated Delegate, using the Delegate’s email address that you notify to us in your Zenplans Account, we will grant your nominated Delegate access to your Zenplans Account, and you hereby consent thereto.  We will not be responsible for verifying the validity or accuracy of a death certificate or proof of incapacity presented to us by your nominated Delegate.  Your nominated Delegate shall be entitled to access your Zenplans Account for a period of 12 months following the date of your death or incapacity (and no additional fee shall be payable in respect thereof). 

11. HOW WE MAY USE YOUR PERSONAL INFORMATION

11.1 We will use any personal information you provide to us to provide the services under the Contract and process your payment for the Zenplans Account.

11.2 Further details of how we will use and process personal information [including our confidentiality obligations] are set out in our Privacy Policy.

12. LIMITATION OF LIABILITY

12.1 Nothing in these Terms or the Contract limits or excludes any liability which cannot legally be limited or excluded, including liability for fraud or fraudulent misrepresentation.

12.2 Subject to clause 12.1, we exclude all implied conditions, warranties, representations or other terms that may apply to our site or content on it.

12.3 Subject to clause 12.1, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with these Terms or the Contract or the use of, or inability to use, our site, including without limitation:

(a) any loss or damage resulting from a virus, trojan, logic bomb or any other material or device that is malicious or technologically harmful, which originates from your computer hardware or software

(b) any loss or damage resulting from a third party accessing your Zenplans Account, where such access was not caused by or arising out of our negligence or wilful default;

(c) any loss of use or corruption of software, data or information; 

(d) any loss of profit, loss of business or revenue, business interruption or loss of opportunity; or

(e) any indirect, special or consequential loss or damage.

12.4 Notwithstanding clauses 12.1 to 12.3, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to 50% of the total Charges paid by you under the Contract in respect of the Initial Term or the Renewal Term (as the case may be) during which such liability arises.

12.4 This clause 12 will survive termination of the Contract.

13. TERMINATION

13.1 Without limiting any of our other rights, we may suspend your Zenplans Account, or terminate the Contract with immediate effect (with no further liability to you) by giving written notice to you if:

(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 10 days of you being notified in writing to do so; or

(b) you fail to pay any amount due under the Contract on the due date for payment.

13.2 On termination of the Contract you will cease to have access to your Zenplans Account.  Details of what happens to your uploaded materials after termination of the Contract are set out in our Privacy Policy

13.3 Termination of the Contract will not affect either party’s rights and remedies that have accrued as at termination.

13.4 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

14. EVENTS OUTSIDE OUR CONTROL

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (“Event Outside Our Control”).

14.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under the Contract will be suspended for the duration of the Event Outside Our Control.

14.3 You may cancel the Contract if an Event Outside Our Control has continued for more than 30 days during the Contract Term. To cancel please follow the procedure set out in clause 6.3. If you opt to cancel in these circumstances we will refund the amount of the Charges you have paid, less a pro rata percentage of the Charges incurred under the Contract up to the date of your cancellation.

15. COMMUNICATIONS BETWEEN US

15.1 When we refer to “in writing” in these Terms, this includes email.

15.2 Any notice or other communication given under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.

15.3 A notice or other communication is deemed to have been received:

(a) if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;

(b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or

(c) if sent by email, at 9.00 am the next working day after transmission.

15.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

15.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.

16. GENERAL

16.1 Assignment and Transfer.  

(a) We may assign or transfer our rights and obligations under the Contract to another entity. We will notify you in writing or by posting on our site if this happens.

(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

16.2 Variation. Any variation of the Contract or these Terms will be notified to you in writing or by posting on our site, and such variation will take effect on the first day of the next Renewal Term.  If you do not agree to the variation of the Contract or these Terms then you should cancel the Contract in accordance with the procedure set out in Clause  6.3.

16.3 Waiver. If we do not insist that you perform any of your obligations under the Contract or these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

16.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

16.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.

16.6 Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.

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