FIRSTWRITER.COM SUBSCRIPTION TERMS AND CONDITIONS
This agreement outlines our commitments to our subscribers (such as the level of service and support they are entitled to) and a subscriber's obligations to us (such as how the service is paid for and what details need to be provided). If you think at any time that we are failing to fulfil our obligations under this agreement you can ask for a refund.
1. TERMS USED IN THIS AGREEMENT
For the purposes of this agreement the terms "you" and "your" refer to the accountholder. The terms "we", "us", and "firstwriter.com" refer to the administrators of the firstwriter.com website as laid out below (see 8, "PARTIES"). The term "account" refers to the facility provided by firstwriter.com whereby you are granted access to the subscribers' area of the site and where your personal details are stored. The term "subscription" should be taken to refer to the agreement for payment you make with the payment processor of your choice (either WorldPay or PayPal) during the subscription process.
2. OUR OBLIGATIONS TO YOU
2.1 - Account Creation - Subject to receipt of the appropriate account creation fee submitted through an authorised payment processor firstwriter.com is obliged to offer you the means of creating an account online. In the event of any problem with the online account creation (whether caused by computer failure or user error) firstwriter.com is obliged to create an account manually for you within two working days of receipt of communication from you outlining the problem and providing details of your payment. Pro-rata refunds will be made for any delay (beyond two working days after receipt of notification and payment details) in creating your account. Refunds will not be made if payment details are not provided, if you do not identify yourself sufficiently, or if your communication does not reach us due to factors beyond our control.
2.2 - Account Activation - Subject to the provision of a genuine and correctly spelt email address capable of receiving emails from firstwriter.com (including emails generated automatically by a computer) firstwriter.com is obliged to provide you with the means of activating your account to allow you to access the restricted areas of the site. This is normally done via an activation code sent by email. In the event that you do not receive the email containing the activation code firstwriter.com is obliged to activate your account manually for you within two working days of notification of your problem, combined with proof that the email address you have provided is capable of receiving emails. Acceptable proof includes (but is not limited to) an email received from the address in question, or the quotation of a manually generated code, sent to the address in question, in an email from another address. All correspondence must include clear reference to the problem in hand and the required action to be taken. Pro-rata refunds will be made for any delay (beyond two working days after receipt of notification and proof sent with clear instructions) in activating your account. Refunds will not be made if proof is not provided, if you do not identify yourself sufficiently, if your communication is blank or unclear, or if your communication does not reach us due to factors beyond our control.
2.3 - Availability - While your account is open and not contravening any of the terms laid out in this agreement firstwriter.com is obliged to grant you access to the subscribers' area of firstwriter.com via a unique username and password. While every effort is made to ensure that the site is available at all times there may be occasions when, due to unforeseen technical difficulties that may affect the server, the internet in general, or other equipment, the site (including the subscribers' area) may be unavailable. firstwriter.com makes no representation that the subscribers' area will be available at all times and accepts no liability for any temporary unavailability, for which no refunds will be made.
2.4 - InstantAlert Emails - For as long as the InstantAlert service is provided, firstwriter.com is obliged to compile and send to you any InstantAlert emails you request to receive, however we are not responsible for the delivery of these emails once they have been sent from our server, and no refunds can be made for non-receipt of these emails due to the policies and functioning of other companies and systems that you rely on for email delivery (for instance, anti-spam filtering on your computer or email account; your email account being over quota, etc.). firstwriter.com is obliged to ensure that InstantAlert emails are sent as correct HTML code displayable on Microsoft Outlook and Outlook Express when run in their default settings. You understand and accept that no guarantees can be given regarding the way in which your own software may display these emails, and we cannot accept liability or offer refunds for any failure of your software to display these emails correctly, or for any impaired functionality or appearance. As a daily service, firstwriter.com is obliged to compile and send a minimum of an average of one alert a day. This does not necessarily mean that there will be an alert in any given 24 hour period, but that over a period of a month there will be at least as many alerts sent as days in that month. Depending on your preferences, the number of alerts sent may not equal the number of alerts you receive. The number of alerts you receive is dependent upon the preferences you select and you are not guaranteed to receive an InstantAlert matching your preferences every day. Restrictive or uncommon preferences will reduce the frequency of emails you receive. No guarantees can be given for the frequency of InstantAlert emails under any given configuration of preferences. The InstantAlert service is not guaranteed to exist for the lifetime of your subscription, and the service may be terminated at any time with notification given in the InstantAlert emails themselves, along with the option of cancelling your subscription should you no longer wish to continue it.
2.5 - Customer Support - firstwriter.com is obliged to respond to any support request within two working days of receipt, subject to the provision of a correct and working email address. No support can be provided by any other means than by email, including by telephone. If appropriate, a pro-rata refund will be considered for any delay (over two working days from receipt of your communication, complete with correct and working email address) in providing an initial answer to your query. No liability is accepted and no refunds made for non-delivery of emails and other communications sent to or by firstwriter.com.
2.6. - Account Functionality - Should you encounter difficulty accessing the restricted area of the site, firstwriter.com is obliged to test your account within two working days of receipt of communication from you outlining your problem and providing your correct username/email address. Pro-rata refunds will be made for any period exceeding two working days of receipt of such communication before an initial response to your request is given. In testing your account, firstwriter.com is obliged to verify that the restricted area of the site can be accessed over an open internet connection using your login details when submitted using Microsoft's Internet Explorer run in its default settings. You are aware of the fact that the settings and configurations of your own software and/or computer may cause problems accessing the restricted area, and that firstwriter.com cannot offer support or accept liability for such problems. Once firstwriter.com has verified that your account can be accessed using the appropriate software and settings it is your responsibility to ensure that you have the necessary equipment and configuration to use your account. No representation is made that accounts can be accessed from any combination of computer, software, and settings, and (since the necessary software may be freely obtained) no refund can be given for any problems encountered due to the use of inappropriate software/settings. You acknowledge and accept that if your account is tested and found to be working that any problem you continue to encounter is a problem with your own equipment and not the responsibility of firstwriter.com.
2.7 - Account Security - firstwriter.com is obliged to take all reasonable precautions to ensure that your account is secure and that your personal details are not accessible to any third party operating in the normal course of business. With regard to your payment card details, these will be held securely by your elected payment processor, and will not be available via the firstwriter.com site. All information exchanges including your card details will be carried out over secure connections. With regard to less sensitive personal information, such as your name, address, etc. this will be accessible by you using your username and password via the firstwriter.com website over a standard internet connection. Your firstwriter.com username and password may be sent to you by standard email and may appear on screens within the restricted area accessed with your username and password. Details of account status and date of termination can be obtained with your username only. Your firstwriter.com username and password will not allow anyone to see your card details, or initiate any payment on your card, unless you have deliberately made your firstwriter.com username and password the same as your username and password for your account with your payment processor. firstwriter.com advises strongly against doing so, and if you choose to do so it is at your own risk. firstwriter.com accepts no responsibility for and cannot be held liable for any losses arising from loss of data or the compromising of sensitive data as a result of actions beyond its control, including (but not limited to) hardware failure, software failure, or malicious attacks by third parties. firstwriter.com must not and will not knowingly discuss or disclose your account or any of your personal details with, or act upon any request made in relation to your account by any person who does not provide your full username and password as proof of identity or accountholder authority. Where login details are unavailable and cannot be retrieved, verification of other personal details will be accepted. firstwriter.com is obliged to monitor activity on your account, and if this activity suggests that your password may have become compromised access must be suspended to protect your personal details. firstwriter.com must then issue you with a new password and reactivate your account within two working days. Pro-rata refunds will be made for any period of inactivity beyond two working days.
2.8 - Accuracy of information - firstwriter.com is obliged to provide information that is correct to the best of its knowledge, and to follow up any notifications of errors in a reasonable timeframe. However, firstwriter.com cannot be held liable for any errors or inaccuracies in its databases, or any loss that may arise from a user acting on information provided by firstwriter.com. Inclusion does not constitute recommendation and any action you undertake in relation to any information provided by firstwriter.com is undertaken entirely at your own risk. No refunds can be given for the provision of inaccurate information, unless it can be demonstrated that firstwriter.com has been made aware of the inaccuracy and has been negligent in failing to correct it.
2.9 - User data - firstwriter.com may offer users the ability to store information on its website, such as saved searches etc. This facility is provided for convenience only and should not be relied upon as the sole repository of any important information. It is each user's responsibility to back-up and keep their own copy of any information they wish to keep. firstwriter.com cannot be held liable for any loss of information. Information cannot be retrieved and will not be supplied if an account is inactive or terminated. By cancelling your firstwriter.com account you will immediately lose access to any stored information. firstwriter.com will endeavour to retain user data for at least three months following account closure, however this cannot be guaranteed. Where available, data can be recovered during this period by taking out a new subscription.
3. YOUR OBLIGATIONS TO US
3.1 - Email Address - To activate your account and gain access to the restricted areas of the site you are required to provide an active email address capable of receiving emails from firstwriter.com, and evidence that you are able to receive emails sent to it, either by clicking the link provided in the welcome email sent to your email address upon account creation, by entering the account activation code also sent in this email in the appropriate form on the website, or by sending an email from the account (clearly stating the purpose of the email) which is then received by us. You have no right to access the site until you have provided evidence in one of the above forms that the email address you have given is capable of receiving emails. No refund can be given for any period of account inactivity due to your failure to provide adequate evidence, or failure to make clear in any communications sent the purpose of those communications (for instance, blank emails sent as proof of email validity).
3.2 - Automatic Response Emails - You agree not to use auto-responders on the email address registered on your firstwriter.com account, if you choose to receive InstantAlert emails. InstantAlert emails cannot be sent to addresses that produce automatic responses (including vacation messages, over-quota messages, non-delivery messages, spam filtering messages, or any other kind of automatic email response), and you understand that should such an automatic response be generated by your email address your InstantAlerts will be stopped without notification (since notification would be given by email, and most automatic responses are indications that messages sent by email cannot be delivered). You may only reactivate your InstantAlerts when you can ensure that your email account will not generate automatic responses. You must reactivate manually by reconfiguring your InstantAlert settings.
3.3 - Changes to Email Address - Should you at any point stop being able to receive emails at the address you provide you must inform us and make an official username alteration request (a request to change your username, sent from a new email address, quoting your current username and password) within 21 days. Should you fail to inform us of a change to your email address you will be in breach of contract and your account may be cancelled without notification or refund. If your failure to inform us of your change of email address later causes problems you may be asked to pay a one-off Non-Notification Fee of $75/£50/€75 in line with the currency of your subscription. If requested, this must be paid within 30 days.
3.4 - Payments - By taking out a subscription to firstwriter.com you agree to pay for any service rendered, including but not limited to account creation, account upgrade, and the maintenance of your account, in line with the terms of each payment plan as laid out below, as well as any fees that become payable under the terms of this agreement, including but not limited to Non-Notification Fees, Disputed Payment Fees, and Late Payment Fees.
3.5 - Disputed Payments - By taking out a subscription to firstwriter.com you assert that you will honour all payments made and will not dispute any payments made, either through your bank, credit card company, payment processing company, or by any other means, other than by requesting a refund directly from firstwriter.com. It is your responsibility to ensure that payments you make are not reversed. Should any payment you make to firstwriter.com be reversed, either at your request or by your bank or other payment company, or because you have insufficient funds available, you agree to pay a Disputed Payment Fee of $45/£30/€45 in line with the currency of your subscription. If any payments you make to firstwriter.com are reversed for any reason you will remain liable for this amount and agree to pay the amount reversed in full through one of the payment options offered by us, plus the full amount of the Disputed Payment Fee. You agree to make this payment before the end of the calendar month following the month in which the email notification that payment is required is sent. It is your responsibility to ensure you provide us with an email address capable of receiving emails from us, and non-receipt of emails informing you of the required payment will not nullify the debt or mitigate non-payment. If you do not receive the emails sent to you because your email address has changed without you having notified us of this fact as per the conditions under 3.3 you will also become liable for a Non-Notification Fee of $75/£50/€75 in line with the currency of your subscription.
3.6 - Late Payments - firstwriter.com does not offer a free credit facility. All payments must be settled when they become due. If any payment (or any part of any payment) owed by you under any of the terms of this agreement remains unpaid at the end of the calendar month following the month in which it becomes due you agree to pay a Late Payment Fee of $15/£10/€15 (in line with the currency of your subscription) in addition to the original amount owed. If a payment (or any part of any payment) continues to remain outstanding after the first Late Payment Fee has been applied, then further Late Payment Fees of $15/£10/€15 (in line with the currency of your subscription) will be applied at the end of each calendar month until the debt is settled in full. If the debt is allowed to increase it will be passed on to a debt collection agency in your country, who will continue to pursue you for payment and will initiate legal proceedings against you at their discretion. This will be recorded on your credit rating and will adversely affect your ability to obtain credit from banks and other lenders in the future. firstwriter.com reserves the right to collect outstanding amounts arising under any of the terms in this agreement via the payment agreement established to pay for the subscription at its discretion. By subscribing to firstwriter.com you grant firstwriter.com the right to collect any such outstanding payments from your card. The collection of such outstanding amounts is subject to the same rules on Disputed Payments and Late Payments as ordinary payments (see 3.5 and 3.6).
3.7 - Database Maintenance - As a subscriber to firstwriter.com you are required to provide notification of any errors you find in the databases, using the "Report an Error" facility, or the "Contact Us" page.
3.8 - Account Security - As a subscriber to firstwriter.com you must keep your login details secret at all times and never share them with any other person. If activity on your account suggests that your login details have become compromised your account will be automatically suspended and you will be issued with a new password within two working days. You must not revert to your previous password, which may have been compromised.
4. PAYMENT PLANS
4.1 - Account Creation Fees - firstwriter.com subscriptions are created on the basis of receipt of the appropriate account creation fee, the value of which varies depending on the payment plan chosen (see below), or the setting up of the appropriate payment agreement. Account creation fees are one-off payments made at or near the start of a subscription and are not refundable, unless there has been an error in creating or a failure to create an account. Once an account has been correctly created (either by you or manually by firstwriter.com staff) the account creation fee is not refundable. Account creation is not synonymous with account activation: accounts that have been created but not activated do not qualify for a refund. Account creation fees do not form part of the ongoing cycle of subscription payments and do not relate to or guarantee access for any particular time period.
4.2 - Account Maintenance Fees - Account maintenance fees are regular fees due at the end of a period of subscription, covering the elapsed period of subscription since the last account maintenance fee was paid, or the payment of the account creation or account upgrade fee. There is no obligation to make any account maintenance payment, and these can be avoided by cancelling your account prior to the date upon which the account maintenance fee becomes due, but once an account maintenance fee becomes due and is made it is not refundable. The exact timing of account maintenance payments may vary from the time of account creation by as much as 24 hours and it is your responsibility to take this potential fluctuation into account when planning your payments/cancelling your account.
4.3 - Account Upgrade Fees - Account upgrade fees are one-off payments made to switch an account from one payment cycle and/or amount to another. Once an account upgrade fee has been paid and an account has been upgraded the payment is not refundable. Account upgrade fees do not form part of the ongoing cycle of subscription payments and do not relate to or guarantee access for any particular time period.
4.4 - Monthly Subscription - The monthly payment plan consists of an account creation fee of $4.49/£2.99/€4.49 which is non-refundable and covers the creation of your account only. Once your account is created you begin to accrue charges. At the end of the month you will owe $4.49/£2.99/€4.49 for that month's subscription, subject to price increases, and this becomes due at the end of the month. This payment will be transferred from your card automatically at the end of the month in line with the request you generated with WorldPay/PayPal when you took out your subscription. Should your subscription end for any reason before the end of the month you will not be held liable for any outstanding pro-rata charges accumulated since the payment of your last account maintenance fee, account creation fee, or account upgrade fee. Automatic transfers will continue on a monthly basis until you terminate the agreement you made with WorldPay or PayPal.
4.5 - Quarterly Subscription - The quarterly payment plan consists of an account creation fee of $11.25/£7.49/€11.25 which is non-refundable and covers the creation of your account only. Once your account is created you begin to accrue charges. At the end of the quarter you will owe $11.25/£7.49/€11.25 for that quarter's subscription, subject to price increases, and this becomes due at the end of the quarter. This payment will be transferred from your card automatically at the end of the quarter in line with the request you generated with WorldPay/PayPal when you took out your subscription. Should your subscription end for any reason before the end of the quarter you will not be held liable for any outstanding pro-rata charges accumulated since the payment of your last account maintenance fee, account creation fee, or account upgrade fee. Automatic transfers will continue on a quarterly basis until you terminate the agreement you made with WorldPay or PayPal.
4.6 - Annual Subscription - The annual payment plan consists of an account creation fee of $34.99/£22.99/€34.99 which is non-refundable and covers the creation of your account only. Once your account is created you begin to accrue charges. At the end of the year you will owe $34.99/£22.99/€34.99 for that year's subscription, subject to price increases, and this becomes due at the end of the year. This payment will be transferred from your card automatically at the end of the year in line with the request you generated with WorldPay/PayPal when you took out your subscription. Should your subscription end for any reason before the end of the year you will not be held liable for any outstanding pro-rata charges accumulated since the payment of your last account maintenance fee, account creation fee, or account upgrade fee. Automatic transfers will continue on an annual basis until you terminate the agreement you made with WorldPay or PayPal.
4.7 - Combination Subscription (MA) - The combination payment plan consists of an account creation fee of $4.49/£2.99/€4.49 which is non-refundable and covers the creation of your account only, followed by an account upgrade fee of $39.99/£26.89/€39.99 one month later, which is also non-refundable and covers the upgrade of your account only. Once your account is upgraded you begin to accrue charges. At the end of the year you will owe $39.99/£26.89/€39.99 for that year's subscription, subject to price increases, and this becomes due at the end of the year. This payment will be transferred from your card automatically at the end of the year in line with the request you generated with WorldPay/PayPal when you took out your subscription. Should your subscription end for any reason before the end of the year you will not be held liable for any outstanding pro-rata charges accumulated since the payment of your last account maintenance fee, account creation fee, or account upgrade fee. Automatic transfers will continue on an annual basis until you terminate the agreement you made with WorldPay or PayPal.
4.8 - Life Subscription - The life subscription consists of an account creation fee of $99.99/£64.99/€99.99 which is non-refundable and covers the creation of your account only. Once your account is created it is left running indefinitely. There are no further charges or ongoing payment agreements and access is unlimited. The term "life" refers to the life of the firstwriter.com website, and does not imply or guarantee that you will be provided with a service for the rest of your natural life.
4.9 - Free Trial Subscription - The free trial subscription plan includes a trial period of up to seven days following account creation (the point at which you create your payment agreement), during which you may cancel your account and subscription at any time using the automatic online systems. No assertion is made that you will be able to access the site for the full trial period, or that you will be able to receive all InstantAlerts sent in the free trial period. You will only be able to access the account from the point at which you verify your email address until the point at which you terminate your account (should you do so prior to the end of the free trial period). The point at which you activate the account does not affect the date upon which the free trial period ends. If your account is still open at the end of the free trial period your account creation fee of $39.99/£26.89/€39.99 becomes due and will be processed automatically after a period of grace of between two and three days. Account creation fees will be waived for accounts terminated in this period, provided you also cancel your payment agreement with your payment provider prior to the payment being processed. Once the payment has been processed it is not refundable. When you subscribe you will be given the date upon which the payment will be made and you should cancel your account at least three days prior to this date if you do not wish to make payment. If you continue your subscription beyond the seven day trial period it is understood that you are happy to make the agreed payments and no reminders will be sent prior to payment. No refunds can be given for any failure on your part to cancel your account or payment agreement in the specified time period via the online systems provided. No cancellation requests can be accepted by email. Account creation fees cover the creation of your account only. Once your account creation fee is paid you begin to accrue charges. At the end of the year you will owe $39.99/£26.89/€39.99 for that year's subscription, subject to price increases, and this becomes due at the end of the year. This payment will be transferred from your card automatically at the end of the year in line with the request you generated with WorldPay/PayPal when you took out your subscription. Should your subscription end for any reason before the end of the year you will not be held liable for any outstanding pro-rata charges accumulated since the payment of your last account maintenance fee, or account creation fee. Automatic transfers will continue on an annual basis until you terminate the agreement you made with WorldPay or PayPal. You may take out only one free trial. If you take out a free trial subscription having already had a free trial subscription in the past then you will be billed for the full account creation fee and will be required to pay this regardless of the duration of the subscription.
4.10 - Payment Agreements - By taking out a subscription to firstwriter.com you request either WorldPay or PayPal to transfer money to firstwriter.com from your elected credit or debit card for an account creation fee (appropriate to the pricing plan you have chosen), and (except in the case of the life subscription) to make further transfers on a recurring basis appropriate to the pricing plan you have chosen (payments are made to cover the subscription period immediately elapsed, but if account termination occurs part-way through a subscription period you will not be held liable for any pro-rata charges generated since your last account creation, account upgrade, or account maintenance fee). The precise date and time of your payment may vary depending on the number of days in the month, and your time zone. If you wish to avoid making a payment you should cancel at least three days in advance of the anticipated payment date, and you are aware that no refunds can be given for any failure upon your part to do so. Once payment is made, it cannot be refunded. In common with almost all direct debit or standing order arrangements, prior notification is not given before a payment is made, and it is your responsibility to ensure that there are sufficient funds available to your card to make the payment. firstwriter.com cannot be held liable for any additional charges you may incur as a result of, for instance, insufficient funds being available to your card. These transfers will continue until you cancel your account and instruct WorldPay or PayPal (as appropriate) to stop these transfers. Please note that firstwriter.com is at no time made aware of your card details, and as such is unable to make charges to your card. The payment agreement you make when you subscribe is between yourself and WorldPay or PayPal, and it is your responsibility to administer this agreement. firstwriter.com cannot be held responsible for unwanted transfers of money made as a result of your negligence to administer your agreement to your satisfaction, and regrets that, due to the charges involved, cannot make refunds for any payments accidentally made in this manner. Subscriptions may be subject to price changes, but you will be notified in advance of any alterations and given the opportunity to cancel your subscription should you so wish.
4.11 - Variations to payment amounts - All amounts indicated above are the current prices for accounts created as of the current date. Prices may vary as a result of special offers, use of vouchers, etc. and may differ from previous prices under which an account was created. Where current pricing differs from the pricing on an existing account the prices charged on that account may be raised or lowered in line with the current pricing at firstwriter.com's discretion, or remain the same as stated on the original agreement at the point of subscription. Lowering or raising of the current prices shall not constitute grounds for a refund or cause for a surcharge, and shall not necessitate the alteration of the ongoing payments already agreed with existing subscribers.
5. ACCOUNT DURATION AND TERMINATION
5.1 - Duration - Your account will remain active from the point at which you enter your activation code to the point at which your subscription is cancelled in accordance with any of the points detailed below (excepting interruptions to service caused by technical errors, possible security issues (see 2.7 and 3.8), or suspensions imposed due to account misuse or suspected account misuse at firstwriter.com's discretion). You must have an active payment agreement in operation with WorldPay or PayPal relating to your account for it to remain open, and it will be deactivated as soon as such agreement ceases to exist.
5.2 - Subscription Cancellation - You may cancel your subscription at any time by logging into your account and clicking the button/link provided for this purpose. firstwriter.com does not accept email requests for cancellation as these do not provide adequate proof of your identity and authority as accountholder (see 2.7), and because the online cancellation process includes important information about cancelling your account and instructions on how to terminate your WorldPay or PayPal subscription. If you send an email requesting the cancellation of your account you will be directed to the online cancellation facility. Your account will not be cancelled and your subscription will not be stopped. You remain liable for any further payments made in the interim. When you cancel your account you will be given instructions to help you cancel your WorldPay or PayPal agreement. You are solely responsible for the termination of this agreement and firstwriter.com neither accepts responsibility nor issues refunds for further payments made as a result of your negligence. It is also possible to cancel your subscription directly through WorldPay or PayPal as appropriate, however we ask that you do not do this as this will also mean you do not receive the important information regarding your account termination included in our online cancellation process. If you do cancel your subscription directly through WorldPay or PayPal your account will be closed, usually within two working days, and you will be liable for a pro-rata charge for the period since your last payment up to and including the date of account termination, up to a maximum of two working days after your subscription cancellation. Please note that it is not possible for your account to remain open if your subscription is cancelled, and if for any reason we receive notification that your subscription agreement has been terminated (whether it was your intention to do this or to close your account or not) your account will be closed and no refunds will be made. It is your responsibility to ensure that your subscription agreement remains active uninterruptedly for the duration of the period that you wish to access the site and firstwriter.com accepts no responsibility for any failure on your part to do so.
5.3 - Subscription Failure - If a due subscription payment fails to be made your account will be closed. Potential reasons for subscription payments failing include the card from which payments are made expiring, being cancelled, or having insufficient funds available. Up to three attempts will be made by your chosen payment processor to process the transfer you arranged with them. If the final attempt fails then your account will be closed, usually within two working days. You will remain liable for this payment.
5.4 - Account Misuse - firstwriter.com reserves the right to close without warning any accounts being used for any other purpose than for the provision of information held in the subscribers' area to the individual subscriber. Possible forms of misuse include, but are not restricted to the following: (i) Data theft - information provided is for the benefit of the individual subscriber only, and must not be shared, published, or otherwise disseminated in any way; (ii) password-sharing - the sharing of login details is strictly prohibited. Our system will detect and automatically suspend accounts being accessed from more than two separate locations in any given 24 hour period. In such a situation your account will be suspended but your subscription will remain active, and you will be supplied with new login details. Should the situation recur your account will be closed and your subscription will be cancelled; (iii) incorrect information - if the information you provide about yourself is false or incorrect you may be denied access to your account or your account may be closed. This applies in particular to the sign-up process where the use of a false or inaccurate email address, or one which cannot receive emails from firstwriter.com, will render you unable to activate your account, for which we accept no responsibility and for which no refunds will be issued. No refunds will be given for any accounts closed due to misuse.
5.5 - Money-Off Offers - firstwriter.com offers certain services to subscribers at a reduced rate. This is intended to reward long-term subscribers and should not be used as a means of procuring cut-price services by subscribing to procure the service and then, having procured the service, cancelling the subscription. In the case of competition entries such behaviour will result in the entries being immediately disqualified from the competition and no refund will be given. In the case of other services not already rendered the offer of discount will be withdrawn and further monies required. Again, no refunds will be given as the issuing of refunds generates charges from the payment processors.
6. TECHNICAL REQUIREMENTS
To use firstwriter.com's services you will need certain equipment, not supplied by firstwriter.com. This includes a computer, an internet connection, and the necessary software to browse the internet and access emails. firstwriter.com and InstantAlert emails are designed for and tested on Microsoft Internet Explorer, Netscape Navigator, Microsoft Outlook, and Microsoft Outlook Express, all run in their default settings. Performance on other applications cannot be guaranteed, and no assurance can be provided that firstwriter.com services can be used with any configuration of computer, software, and settings. The necessary programs to utilise firstwriter.com services are available for free on the internet, and as such no refund can be made for any failure of your own equipment to receive, process, and correctly display firstwriter.com services.
7. REFUNDS POLICY
Refunds will be given at the discretion of the company management, and only in circumstances where firstwriter.com has failed to fulfil its obligations as laid out in this agreement. Applications for refunds must be made through the appropriate form at http://www.firstwriter.com/refunds and cannot otherwise be considered. Refunds will not be granted for cancelled subscriptions either wholly or in part. Account creation and upgrade fees are non-refundable. A refund will be provided if there has been a failure on the part of firstwriter.com to fulfil its obligations with regard to account creation as laid out in the terms of this agreement, but under no circumstances whatsoever will a refund be considered once the account has been correctly created and the restricted information thereby made available. Failure to activate an account is not grounds for a refund as InstantAlert services may still be received, even if an account has not been activated. Any payments sent after the termination of your account as a result of your payment agreement remaining active are understood to be donations to firstwriter.com and are gratefully received. They are not refundable, and should you dispute them after the event you remain liable for them under the same conditions as disputed subscription payments (see 3.5). No refunds can be made under any circumstances more than 21 days after payment. Refunds, where suitable, will be provided either wholly or in part, as deemed appropriate by the company management.
The parties to this contract shall include (i) any person who commences the online account creation process and continues that process to the point of payment (referred to above as "you" or "your"); and (ii) the administrators and proprietors of the firstwriter.com website, being at this time the Partnership of J.P. and A. Dyson, trading as "First" and "firstwriter.com" (referred to above as "we", "us", and "firstwriter.com"). In the event of the sale or transfer of the website or business the contract will pass to the new administrators of the site.
These terms and conditions are the current terms and conditions covering subscription to firstwriter.com and supersede any previous terms and conditions and may be superseded in themselves or amended in future without prior consultation. If any part of this contract is held by any competent authority to be invalid or unenforceable in whole or in part this shall not affect the validity of the other provisions of this contract, or the remainder of the provision in question. English law shall apply to the contract and the parties agree to submit to the non-exclusive jurisdiction of the English courts.