1. These are the terms and conditions upon which Think Barrister Ltd (company number 09450740, VAT registration number 327240719, ICO registration number ZA270273) ( “we”, “us”, “our” etc.) provides the database software and hosting services known as Barristerbase (“the software” or “the database”) to the end-user (“you”, “your” etc.). They govern the initial supply of the software and all subsequent updates to it, as well as the hosting services referred to below.
2. Barristerbase is specialist software which has been custom-made for barristers to use in the course of their business as barristers. You agree that you enter into this contract as a business and not as a consumer, for the purposes of the Consumer Protection Act 2015, regulations thereunder and all other applicable consumer protection legislation.
3. You warrant that you are a barrister who holds a valid practising certificate or a pupil barrister engaged in pupillage and and that you will tell us immediately if you cease to be either.
4. The first month of using the database is free. The price thereafter is as shown on this website and will be confirmed when you sign up. The price you sign up for will not change for at least 12 months but may increase thereafter. You get one free month (by way of refund or otherwise) for every colleague you recommend who also signs up and pays for at least one month's charges. Monthly and annual payments are payable in advance by bank transfer or other agreed method of payment. The price includes (a) a single user licence for the database and the Filemaker software on which it runs (this means the database must only be used and accessed by you), (b) any updates to the same (which will be done by us), (c) the hosting of your database, and (d) 2GB of storage. Additional storage costs £1 per month per gigabyte. VAT is chargeable on top of all prices quoted.
5. By accepting these terms and using the database you are taken to have requested us to arrange and maintain on your behalf the hosting of your database with Enix Ltd (which trades as HostPresto – see http://hostpresto.com) on a server located in the United Kingdom. You are also taken to understand that Enix Ltd has no connection whatsoever with us and to have satisfied yourself that the hosting services it provides are suitable for you and its general terms and conditions (https://hostpresto.com/terms) are acceptable. We will help you as much as reasonably possible with any issues that arise from this hosting arrangement but you agree that you will not hold us liable for any acts or omissions of Enix Ltd, whether accidental, negligent or deliberate, even if they result in any interruption of access to your database or any loss of data within it.
6. You agree that for the purposes of all data protection legislation you are the controller of all data stored in the database and you authorise us to act as processor of your data . You understand and agree that the security of your data depends upon the Filemaker software with which the database is built and the hosting with Enix Ltd which we have arranged on your behalf (see above). Statements by us about the security of your data are based upon claims made by the Filemaker software and Enix Ltd but you agree not to hold us liable for the security of your data or any loss or damage caused by any breach of that security.
7. We agree to make reasonable efforts to ensure that the Barristerbase software works as it should but you agree that we are not liable for any loss or damage caused by any defects, bugs, errors etc. in it, whether financial or economic loss or otherwise, and whether caused directly or indirectly.
8. You may terminate this agreement at any time by giving us one month’s notice in writing, following which you will no longer have any access to your database or the data within it. You agree that upon termination you will uninstall all your copies of the Filemaker software and destroy any licence keys or certificates and similar. If you have paid the annual fee a pro rata refund will be made.
9. We may terminate this agreement as follows:
a. By giving you one month’s notice in writing if we are no longer able to provide the software and/or the hosting services referred to above. In this case we will make reasonable efforts to try and enable you to continue to use the database and/or your data in it.
b. With immediate effect if you fail to pay any charges due to us.
c. With immediate effect if you cease to be either a pupil barrister or a barrister with a valid practising certificate.
d. With immediate effect if there is any breach by you of this agreement or if we have reasonable grounds to suspect any misuse of the software or hosting services which is (or would be) harmful to us or our reputation.
10. You agree that for the purposes of all data protection legislation you are the controller of all data stored in the database and you authorise us to act as processor of your data . You and we agree to comply with all applicable data protection legislation.
11. This agreement is subject to the law of England and Wales and the jurisdiction of the English court. However both parties agree that before bringing any claim they will first submit to non-binding mediation or arbitration organised by the Bar Council.