Terms & Conditions

Welcome to the HeySummit Terms and Conditions. These Terms of and Conditions form the basis of the contract between you and HeySummit.

By using the HeySummit Services You are agreeing to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the HeySummit Services.

1. Interpretation

1.1. The definitions and rules of interpretation in this clause apply in these terms.

Agreement means these terms together with the Customer’s Order.

Authorised Users means those employees, agents and independent contractors of the Customer who are authorised by the Customer to use the Services and the Documentation, as further described in clause 2.2.4.

Business Day means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.

Change of Control means shall be as defined in section 1124 of the Corporation Tax Act 2010, and the expression change of control shall be construed accordingly.

Confidential Information means information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information in clause 11.6 or clause 11.7.

Customer means the person or business who purchases the Services from HeySummit.

Customer Data means the data inputted by the Customer, Authorised Users, or HeySummit on the Customer's behalf for the purpose of using the Services or facilitating the Customer's use of the Services including blog posts of the Customer posted on the Customers website.

Data Protection Legislation“Data Protection Legislation” means all applicable laws in relation to (a) data protection; (b) privacy; (c) interception and monitoring of communications; (d) restrictions on or requirements relating to the Processing of Personal Data of any kind, including the General Data Protection Regulation ((EU) 2016/679), the Data Protection Act 2018, and all other  laws addressing identity theft or security breach; "Data Controller", "Data Processor", “Data Protection Commissioner”, "Data Subject" "Personal Data” and “Processing” shall each have the meaning set out in the UK Data Protection Acts.

Documentation means the document made available to the Customer by HeySummit online via https://heysummit.com/ or such other web address notified by HeySummit to the Customer from time to time which sets out a description of the Services and the user instructions for the Services.

Effective Date means the date of completion of the Customer’s Subscription.

HeySummit means Hey Summit Ltd registered at71–75 Shelton StreetCovent GardenLondonWC2H 9JQ under company number 11538852.

Mandatory Policies means HeySummit's business policies and codes found at https://heysummit.com/legal/, as amended by notification to the Customer from time to time.

Normal Business Hours means 9.00 am to 6.00 pm local UK time, each Business Day.

Order means an order for the Services submitted by the Customer.

Services means the subscription services provided by HeySummit to the Customer under these terms via the Software accessed through https://heysummit.com/ or any other website notified to the Customer by HeySummit from time to time, as more particularly described in the Documentation.

Software means the online software applications provided by HeySummit as part of the Services.

Subscription Fees means the subscription fees payable by the Customer to HeySummit for the User Subscriptions, as made available at https://heysummit.com/pricing/.

Subscription Term means has the meaning given in clause 14.1.

Supplier Marks means any trademarks, service marks, service or trade names, logos, and other designations of HeySummit and its affiliates that we may make available to you in connection with this Agreement.

Third Party Processors includes the third parties used by HeySummit to deliver Services including but not limited to Profit well (https://profitwell.com), Stripe (https://stripe.com) and Amazon Web Services (https://aws.amazon.com).

Third Party Social Sites means the third party social sites used by HeySummit on behalf of the Customer including but not limited to Facebook, LinkedIn, Medium and Twitter.

User Subscriptions means the user subscriptions purchased by the Customer pursuant to clause 9.1 which entitle Authorised Users to access and use the Services and the Documentation in accordance with these terms.

Virus means any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.

2. User subscriptions

3. Additional user subscriptions

4. Services

5. Customer data

6. Third party providers

The Customer acknowledges that the Services may enable or assist it to access the website content of, correspond with, and purchase products and services from, third parties or Third Party Social Sites via third-party websites and that it does so solely at its own risk. HeySummit makes no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party or Third Party Social Sites website, or any transactions completed, and any contract entered into by the Customer, with any such third party. Any contract entered into and any transaction completed via any third-party website is between the Customer and the relevant third party, and not HeySummit. HeySummit recommends that the Customer refers to the third party's website or Third Party Social Sites terms and conditions and privacy policy prior to using the relevant third-party website. HeySummit does not endorse or approve any third-party website nor the content of any of the third-party website made available via the Services.

7. Supplier's obligations

8. Customer's obligations

9. Charges and payment

10. Proprietary rights

11. Confidentiality

12. Indemnity

13. Limitation of liability

14. Term and termination

15. Force majeure

HeySummit shall have no liability to the Customer under these terms if it is prevented from or delayed in performing its obligations under these terms, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of HeySummit or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that the Customer is notified of such an event and its expected duration.

16. Variation

No variation of these terms shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

17. Waiver

No failure or delay by a party to exercise any right or remedy provided under these terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

18. Rights and remedies

Except as expressly provided in these terms, the rights and remedies provided under these terms are in addition to, and not exclusive of, any rights or remedies provided by law.

19. Severance

20. Entire agreement

21. Assignment

22. No partnership or agency

Nothing in these terms is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

23. Third party rights

These terms does not confer any rights on any person or party (other than the parties to these terms and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.

24. Notices

Any notice or other information required or authorised by this Agreement to be given by either party to the other shall be given by e-mail or comparable means of communication and shall be deemed to have been duly sent on the date of transmission.

25. Governing law

These terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

26. Jurisdiction

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms or its subject matter or formation (including non-contractual disputes or claims).