Terms and Conditions

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These are the terms and Conditions of Service ("Terms") that govern the use of the www.fba.com ("the Site").  These terms contain important information about becoming a member of FBA and your rights and obligations pursuant to applicable law and regulations when using the Site.  Please read these Terms carefully.  By accessing the Site, you agree to be bound by these Terms, as amended from time to time, regardless of whether you register as a member.  It is your responsibility to bring these Terms to the attention of anyone who may, through you, view material on the Site.

If you have any questions, please contact FBA at terms@fba.com.

1. Introduction

1.1. This Site is operated by Fee Based Advisors LLP (FBA), registered office 349 Hagley Road, Birmingham, B17 8DL; Company Number 0C368712 registered in England, and provides a range of services including:

Financial, Legal, Accountancy and Real Estate services events diary;
Client referral services;
Consulting assignments for fee-based work;
Market Place to ethically trade clients and client lists;
FBA bonus points from many activities on this website.

The Site is supported by sponsoring organisations and advertisements ("the Sponsors") whose names appear on the Site and whose own sites may be accessible by Internet links from the Site.

1.2. Certain areas on the Site are only available to members.  Access to the rest of the Site is free.

2. Membership

 
2.1. In order to access certain areas of the Site, you will need to become a registered user ("Member") and select a User ID and password.  You will provide FBA with certain necessary details, all of which must be accurate, complete and up to date.  It is your responsibility to update FBA immediately with any changes to the information provided by e-mailing terms@fba.com .  Membership is divided into three categories, bronze, silver and gold depending on Member's qualification and industry experience.  You will receive different benefits of Membership depending upon which category of Membership you purchase.  You should refer to the site for further details of each categories benefit. 
 


2.2. Annual membership fee is payable, these may vary including introductory offer, dicount rate etc. 

2.3. All Members must be authorised by their respective regulatory bodies e.g. Financial Conduct Authority. Law Society Etc.

2.4. Without limiting any other remedy FBA may issue you with warnings or limit or suspend or terminate our service and your membership account or restrict or prohibit access to your activities on our Site (including, without limitation, cancelling bids and removing listings), delay or remove hosted content, remove any special status associated with your membership, reduce or eliminate any discount and take any technical and legal steps to keep you off the Site if:

you are in breach of the Terms at any time;

FBA thinks that you are infringing the rights of third parties (including, without limitation, intellectual property rights of third parties);

FBA thinks that you are acting inconsistently with the spirit of the Terms or any policy issued by FBA;

FBA thinks that any information you have provided is not true.

You agree not to hold FBA responsible for any loss you may incur as a result of FBA taking any of the actions described above.

3. Conditions of Use and Intellectual Property

3.1. All rights in the material on the Site and Newsletter "FBA Voice" (together "the Content") belongs to FBA or its third party licensors and is protected by copyright, trademarks, service markets and/or other proprietary rights and laws of the UK and other countries.  All individual articles, columns, emails and other elements on the Site and Newsletter are also copyright works and you agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Site or in these Terms.  FBA may licence third parties to use the Content in its sole discretion. 
 
3.2. You agree to use the Site and the Content solely for your own use and benefit and not for resale or other transfer or disposition to any other person or entity.  You further agree not to use, transfer, distribute or dispose of any Content in any manner that might compete with the business of FBA.
 
3.3. You accept that the Site is not configured for and is not to be used for the provision of financial advice or other professional advice.

3.4. Subject to the above, you may retrieve and display Content from the Site on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disc (but not on any server or other storage device connected to a network).

3.5. If you have purchased access to documents, we also grant you a non-exclusive, non-transferable licence for your own or own business purposes to: (i) make a reasonable number of copies as required in connection with the review, modification and signing of the document or a modified version thereof by the parties; (ii) modify that document; and (iii) provide copies of that document to parties signing it and their legal advisors.

3.6. Once any agreement for the purchase of documents has been concluded, you will have no right to cancel the agreement and your payment in respect of any document to which you have purchased access will therefore be non-refundable in accordance with Regulation 13 of the Consumer Protection (Distance Selling Regulations) 2000 ("Distance Selling Regulations")

3.7.FBA Logo is a trademark and may not be used without the express written permission of Fee Based Advisors.
 


3.8. You are responsible for procuring the necessary equipment and the payment of telephone and other charges necessary to access the Site.

3.9. Your membership details are personal to you and you are responsible for maintaining the confidentiality of your password and User ID.  You shall be responsible for all use of the Site made by anyone using that password and User ID.  Any unauthorised use of the Site and/or of your password and User ID should be notified to FBA immediately by e-mailing terms@fba.com .

4. Data Protection

 
FBA and you agree to comply with applicable data protections laws.  Subject to the Privacy Policy, which forms part of these Terms, you are deemed to have consented to the transfer of data relating to you to third parties in accordance with applicable law, unless you indicate your non-acceptance of this by clicking on the opt-out button on the Site.
 


5. Interactive Services

5.1.The Site may contain bulletin boards, discussion groups and other public areas that allow interactivity between users and feedback to be provided to FBA (together "Interactive Areas").  FBA does not control and is not responsible for the information and/or materials posted to Interactive Areas ("Posted Material") but reserves the right without reference to any third party to delete, move or edit any Posted Material or any part thereof.  It is a condition of your access to the Site and to the Interactive Areas in particular that you waive all rights (legal, moral or otherwise) in any Posted Material.

5.2. You are responsible for the content of your Posted Material and must comply with any additional rules, which may, from time to time, be issued at particular locations within the Interactive Areas.  In particular, you may not within the Interactive Areas:
 
5.2.1. post, publish or link to any specific matter which is or could be taken to be the provision of legal or other professional advice;

5.2.2. post, publish or link to any information obtained in breach of confidence or which is otherwise contrary to applicable law or regulation;

5.2.3. post, publish or link to any information or messages which are obscene, defamatory, threatening, degrading or which infringe copyright or any other rights of any third party or which are otherwise unlawful;

5.2.4. post, publish or link to any advertising or promotional material or any chain e-mails, "spam" or mail bombs;

5.2.5. impersonate any person, company, group or entity or misrepresent a relationship to or with any of the same;
 


5.2.6. post or publish information or messages containing a virus or other harmful component;
 


5.2.7. disguise the origin of any message;

5.2.8. collect or store other users' personal data; or



5.2.9. prevent or restrict the use of the Site and the Interactive Areas by other users.

5.3. By accessing the Interactive Areas, you agree to indemnify and hold harmless on demand FBA from all claims, costs and expenses (including legal and other professional fees), which FBA might suffer arising out of any of your Posted Material.
 


5.4. You acknowledge that FBA does not have control over the users posting messages to the Interactive Areas.  As a result, FBA cannot guarantee the veracity or accuracy of Posted Material.  All use of the Interactive Areas is at your risk.  You should not rely on Posted Material in any way.

5.5.Representatives of FBA may also submit Posted Material to the Interactive Areas.  In doing so, such representatives shall act in a personal capacity and any views they might express shall not be considered as the views of FBA nor as the views of a financial or other professional advisors.

5.6. You hereby agree to grant FBA a non-exclusive, perpetual, royalty-free licence to use, reproduce, modify, licence all or part of your Posted Material, including licensing third parties to use the same.

5.7. FBA does not review members' listings and is not involved in any actual transaction included between members.  FBA has no control over and does not guarantee the quality, safety or legality of any item advertised, the ability of members to refer work advertised, the ability of members to pay for work advertised or that a member will actually complete a transaction.  Please do not assume that the offer or purchase of any work is valid and legal simply because it is listed on our Site.  You accept sole responsibility for the legality of your actions under the laws applying to you and the legality of any work you list on our Site. 

6. Linking

6.1. You may create a link from your website to the home page of the Site provided that you complete the Registration Form at the Site and provided that you do not link to the Site from any site containing obscene, defamatory, threatening or degrading materials or material which infringes the intellectual property or other rights of any third party or which is otherwise unlawful.

6.2. Upon linking to the Site pursuant to these Terms, FBA shall grant you a non-exclusive, non-transferable, royalty-free licence to use the logo trade mark solely for the purposes of providing an underlined, textual link from your website to the Site.  No other use of FBA' trade marks or name is permitted without the express prior written permission of FBA.

6.3. The potential linking to an internal or subsidiary page of the Site located one or several levels down from the home page ("Deep Linking") or the bringing up of or presenting Content within another web site ("Framing") is not permitted without our prior written permission.  You must seek and obtain the prior written permission of FBA before Deep Linking or Framing the Site or any Content by contacting FBA providing: (a) your name, e-mail address and telephone number; (b) the name of your company; (c) the web address(es) where the proposed Deep Linking or Framing will occur; (d) specific details about the contemplated Deep Linking or Framing.

7. Links to External Sites

7.1. The Site contains links to other websites provided by Sponsors or other independent third parties ("External Sites"), either directly or by framing.  FBA shall endeavour to highlight such links although some External Sites may be co-branded with FBA.  FBA shall not be responsible for the availability or content of External Site and will not be a party to, or responsible in any way for, any arrangements regarding goods or services available from such External Sites.

7.2. The Site may be used to purchase products or services from Sponsors and other Members.  Any such contracts will be exclusively between you and the relevant third party, Member or Sponsor and FBA shall not be responsible in any way for any costs, claims, damages and liability arising in relation thereto, even if the contact in question was entered into through the site.

8. FBA News

FBA may give the option to subscribe to its e-mail newsletter through the Site.  Your use of that service and any Content shall be subject to these Terms.

9. Third Party Content

The Site may, from time to time, contain contributions from independent third parties as well as advertising and sponsorship.  Each such third party, advertiser and/or Sponsor shall be responsible for all aspects of the material they submit and FBA shall accept no responsibility for any errors or inaccuracies in any such material.

10. Competitions and Prizes

From time to time, FBA may run competitions, prize draws and promotions on the Site.  These shall be subject to additional terms and conditions applicable in each individual instance and which shall be made available at the time of such competitions.

11. Changes

FBA shall have the right at any time, in its sole discretion, to make modifications, additions or deletions to the Site, the Content, the Interactive Areas and these Terms.  Any changes to these Terms will be notified to you by e-mail or by publishing the revised Terms on the Site. By continuing to access the Site following a change to the Terms, you agree to be bound by any changes thereto.

12. Representations, Warranties and Indemnities

12.1. You represent, warrant and undertake that: (a) you have the capacity to enter into this agreement; (b) you are at least eighteen (18) years of age; (c) you will not infringe the copyright or any other intellectual property rights of FBA; (d) you will comply fully with the Terms; (e) all information provided by you on the Site or to FBA is true; (f) you will not copy, reproduce, recompile, decompile, disassemble, reverse engineer, upload, download, transmit, create derivative works from or otherwise exploit the Site or any software or intellectual property which is proprietary to any of the Sponsors.

12.2. You hereby agree to indemnify and hold harmless FBA and keep FBA fully and effectively indemnified on demand against all costs, claims, damages, liabilities and expenses (including any professional fees) which FBA might suffer by reason of a breach by you of the Terms and in particular any of the above representations.  For the avoidance of doubt, this indemnity shall extend to any losses which FBA may suffer as a result of the use by third parties of your password and User ID except in circumstances where you can demonstrate to FBA' satisfaction that such third party obtained the relevant details through no fault of their own.

13. Disclaimer and Limitation of Liability

13.1. The Content on the Site is provided by FBA for your general information only, is provided on an "as is" basis and is not intended to address your particular requirements.  In particular, the Content does not constitute and form of advice or recommendation and should not be relied on in making (or refraining from making) any specific personal or business decision.  You and your clients should seek independent financial and other professional advice before making any such decisions.  All arrangements between you and any third party named on the Site are at your sole risk and responsibility.

13.2. The documents on this Site are examples of their type and are designed to help the user understand what they are and what they do.  If you plan to use a particular document, we strongly recommend that you obtain legal advice from a lawyer before signing any document.  If you use any document from this site without first obtaining legal advice, you do so entirely at your own risk.

13.3. The example documents on this Site are standard agreements and may not be suitable for all uses.  They should be used as general drafting guides only.  We do not accept any responsible for any changes you make to a document or omissions from the documents on the website.

13.4. The law relevant to the documents and articles on the website is the law of England and Wales.  They may not be suitable for use in other parts of the United Kingdom and are not suitable for use in countries outside of the United Kingdom or England and Wales as the case may be.  It is your responsibility to ensure compliance with any foreign and local laws and requirements.

13.5. FBA makes no warranties or representations, whether express or implied, in relation to the Site, including but not limited to implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose.
 


13.6. FBA also makes no warranty that the Site will meet your requirements or that your use of the Site will be uninterrupted, timely, secure or error-free.

13.7. FBA obtains the Content from a number of sources and disseminates the same over the Internet (or other interactive electronic platform).  As a result, FBA is not able to and gives no warranties in respect of the Site, software and/or the Content.  The Site is provided on an "as is" basis and, to the extent permitted by law, any implied warranties of merchantability or fitness for purpose and any warranties relating to accuracy, completeness, standard of workmanship and level of care and attention are expressly excluded.

13.8. To the extent permitted by law, you agree that FBA shall not be liable for any consequential or incidental damages (including but not limited to any financial loss and loss of business or profits) or for failure to meet any duties even if FBA or its representatives have been advised of the possibility of such damages arising.

13.9. In the event of any damages arising out of your use of the Site, you agree that such damages shall be limited to the higher of the total amounts paid by you to FBA in the last month and the sum of £200.

13.10. Notwithstanding any other provisions of the Terms, nothing shall limit FBA' liability in respect of death or personal injury cause by FBA' negligence.
 


14. Privacy Policy

Please read the attached Privacy Policy, which is part of these Terms, and to which you consent.

15. Terms and Termination

15.1. Use of and access to the Site is not subject to any particular time limits.  Without prejudice to the accrued rights of any party, these Terms may be terminated at any time by either party without cause.  You may terminate these Terms by simply discontinuing your use of the Site.  FBA may terminate these Terms and your use of the Site at any time by electronic notice.  These Terms shall terminate automatically without notice from FBA in FBA' sole discretion, in the event you commit a breach of nay provision of these Terms.
 


15.2. Notwithstanding the provisions of this paragraph, paragraphs 12, 13 and 23 of these Terms shall survive a termination of the Terms and shall remain in full force and effect thereafter.

16. Changes

FBA reserves the right to modify, delete or change any aspect of the Content, the Interactive Areas, the Site and/or any of the technical specifications of any aspect of the same.  You agree and acknowledge that such changes may result in you being unable to access the whole or any part of the Site.

17. Force Majeure

 
FBA shall have no liability for an event of Force Majeure, this is an event or set of circumstances that is or are outside the reasonable control of FBA.

18. Headings

The paragraph headings in these Terms are used solely for the sake of convenience and shall not have any legal or contractual significance.

19. Entire Agreement

These Terms, as amended from time to time, and any other terms of business on the Site shall constitute the entire agreement between you and FBA in relation to your use of and access to the Site.

20. Severability

If any provision of these Terms is held to be invalid or unenforceable, then the remaining provisions of the Terms and of the paragraph in question shall remain in full force and effect.

21. Notices

Any notice which FBA or you are required to give pursuant to these Terms shall be made by e-mail or first class post, in the case of you, to the address provided on your registration form and, in the case of us, to the address posted on the Site.

22. Waiver

 
No delay or omission on the part of FBA in exercising any right, power or remedy under these Terms shall impair or detract from such right, power or remedy or operate as a waiver thereof.

23. Governing Law

These Terms shall be governed by and construed in accordance with English law.  By accessing the Site, you agree to submit to the exclusive jurisdiction of the English Courts.