FOCUSRITE COLLECTIVE PLUG-IN SUBSCRIPTION TERMS
These terms govern your access to the full version of our Collective plug-in software (“Full Version”) via a paid-for subscription (“Paid Subscription”). You may cancel or pause your Paid Subscription at any time.
By purchasing a Paid Subscription, you agree to be bound by these terms and the Licence Terms.
1. Information about us and how to contact us
Who we are. We are Focusrite Audio Engineering Limited a company registered in England and Wales. Our company registration number is 02357989 and our registered office is at Artisan, Hillbottom Road, High Wycombe, Buckinghamshire, HP12 4HJ.
How to contact us. You can contact us by emailing our customer service team at email@example.com or by writing to us at Artisan, Hillbottom Road, High Wycombe, Buckinghamshire, HP12 4HJ.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us when registering your account.
2. These terms
2.1 What these terms cover. These are the terms and conditions that apply to your purchase of a Paid Subscription. These terms are to be read, and should apply, in conjunction with the Licence Terms which will govern your use of the Full Version. These can be found here. If there is a conflict between these terms and the Licence terms, these terms will take precedence to the extent of the conflict.
2.2 Why you should read them. Please read these terms and our Licence Terms carefully before you purchase the Paid Subscription. These terms tell you who we are, how we will provide the Paid Subscription to you, how you and we may cancel or change the Paid Subscription, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2.3 Changes to these terms. We may vary or update these terms from time to time but will provide you with notice before we make any major changes, for example, by displaying a prominent notice on our website or sending you an email. This gives you the opportunity to review the changes before they become effective. If you do not wish to accept the changes, you may cancel your Paid Subscription as described below in paragraph 5 (CANCELLATION). If you do not cancel your Paid Subscription after we notify you of the proposed changes, your continued use of the Full Version will constitute your acceptance of the updated terms. These terms were most recently updated on the date that appears at the top of this document.
3. Subscription Terms
3.1 Eligibility. To be eligible to purchase a Paid Subscription, you must be at least 18 years of age.
3.2 Register an account. To purchase a Paid Subscription, you will be required to register an account via our website. You agree that any registration information that you submit to us is true, accurate and complete.
4.1 Purchasing a Paid Subscription. You may purchase a Paid Subscription by paying the monthly subscription fee, as set out on the pre-payment page (“Monthly Subscription Payment”). Your first Monthly Subscription Payment will be payable on the date of your purchase of the Paid Subscription (“Date of Purchase”). Your Monthly Subscription Payment will automatically renew for 15 continuous months from the Date of Purchase, on the anniversary of the Date of Purchase for each of those months (“Monthly Payment Date”) unless you pause or cancel your Paid Subscription (“Subscription Term”). You can cancel by contacting us, as described below in paragraph 5 (CANCELLATION). Your Paid Subscription allows you to install a Full Version on a maximum of three devices only at any one time.
PLEASE NOTE: By purchasing the Paid Subscription, you authorise us and agree to us charging the Monthly Subscription Payment to your designated payment method automatically on each Monthly Payment Date of the Subscription Term for the duration of the Subscription Term unless you choose to cancel, as described below in paragraph 5 (CANCELLATION). We will send you receipts of your Monthly Subscription Payments and remind you of how many Monthly Subscription Payments you have left of your Subscription Term.
4.2 After the Subscription Term. At the end of the Subscription Term, you will no longer have to pay the Monthly Subscription Payment and will be given unlimited access to the Full Version. The Full Version will not be sold or transferred to you. You will be granted a perpetual licence to the Full Version but we will remain the owners. Please refer to our Licence Terms for further information in respect of your rights to use the Full Version. If you cancel your Paid Subscription at any time during the Subscription Term, you will not be entitled to full access to the Full Version. For further information on this, see paragraph 3 (ACCESS ONCE YOU HAVE CANCELLED).
4.3 Changes to the Monthly Subscription Payment. We may change the price of the Monthly Subscription Payment from time to time. If we do, we will communicate any of these changes to you by giving you at least 30 days’ notice prior to any increase in the Monthly Subscription Payment being made effective, to give you the opportunity to cancel if you do not accept the price change. You may cancel at any time, as described below in paragraph 5 (CANCELLATION), prior to the price change taking effect. By continuing to use the Full Version after the price change takes effect, you will be deemed to have accepted the price change.
4.4 If we cannot accept your purchase. If your payment method is invalid, and we are unable to charge you the Monthly Subscription Payment, we may not be able to accept your purchase of the Paid Subscription and you will not be able to download or access the Full Version until you update your payment method. Where possible, we will inform you of this when it happens. You can edit your payment method any time in your account.
4.5 Accessing the Full Version. Once you have purchased the Paid Subscription, the Full Version will be available for you to download and access via your account. We will provide you with access to the Full Version until you cancel as described below in paragraph 6 (CANCELLATION) or we end these terms by written notice to you as described below in paragraph 5 (OUR RIGHTS TO CANCEL).
5.1 Cancelling before you have downloaded the Full Version. Once you have purchased a Paid Subscription, you may cancel it at any time and for any reason (without incurring any cancellation fee) within 14 days starting from your Date of Purchase, and receive a full refund of the Monthly Subscription Payment, as long as you have not downloaded the Full Version onto your device (“Cooling-off Period”). To cancel during the Cooling-off Period, please complete and submit the cancellation form which can be found here https://store.focusrite.com/images/documents/UK_Cancellation_Form.docx
5.2 We will email you to confirm receipt of your cancellation.
PLEASE NOTE: If you have consented to us providing the Full Version during the Cooling-off Period and have downloaded it during or after the Cooling-off Period, you will not be entitled to a refund of the Monthly Subscription Payment. For example, if you purchase a Paid Subscription on 1st January, the last day of the Cooling-off Period in which you may cancel the Paid Subscription will be 14 days later, on the 15th January. If you have consented to us providing the Full Version during the Cooling-off Period and have downloaded it onto your device during this time, you will no longer be entitled to a refund.
5.3 Cancelling after you have downloaded the Full Version. You may cancel the Paid Subscription at any time and for any reason during the Subscription Term (without incurring any cancellation fee) either a) after the Cooling-off Period; or b) before the next Monthly Subscription Payment is payable, but you will not be entitled to a refund. As set out above, you may cancel by either clicking on the Cancellation button in your account page or by completing the cancellation form above in 5.1.
5.4 Access once you have cancelled. You will no longer have access to the Full Version if you cancel your Paid Subscription at any time during the Subscription Term. Once you cancel (for any of the reasons set out above), your access to the Full Version will be removed from the day after the last day of the Monthly Subscription Payment term.
5.5 Refunds. We will issue any refunded amounts back to the payment method you used for the Monthly Subscription Payment within 14 days.
5.6 Our rights to cancel. We may cancel your Paid Subscription and remove your access to the Full Version at any time if you do not make the Monthly Subscription Payment when it is due and you still do not make the Monthly Subscription Payment within 10 days of us reminding you that it is due or where you are otherwise in breach of these terms.
6 PROMOTIONAL DISCOUNTS AND OFFERS
6.1 From time to time we may offer promotional discounts and offers on the Full Version. All promotions are subject to separate terms and conditions.
7 If there is a problem with the full version
7.1 How to tell us about problems. If you have any questions or complaints about the Full Version, please contact our customer service team at firstname.lastname@example.org.
7.2 If there is a problem with the Full Version. We are under a legal duty to provide the Full Version in conformity with these terms. If the Full Version is defective, faulty or not as described then you may have a legal right to a refund. Please contact us as soon as possible using the contact details contained in these Terms.
7.3 We are not responsible for delays outside our control. We try to make the Full Version available at all times, but, of course, due to the inherent nature of online and internet-based services to fulfil part of the service, we cannot guarantee this. If the Full Version is unavailable owing to an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel the Paid Subscription and receive a refund for the access you have paid for but not received.
8 How we may use your personal information
9 Limitation of liability
9.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time these terms were made, both we and you knew it might happen. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
9.2 If the Full Version damages a device or computer belonging to you, we will either repair the damage or pay you compensation. However, to the fullest extent permissible by law, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
9.3 The Full Version is for domestic and private use. If you use the Full Version for any commercial, business or resale purpose, to the fullest extent permissible by law, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.4 We make no representation or commitment and shall have no liability or obligation whatsoever to you in relation to any third party goods or services used by you in connection with or in conjunction with your use of the Full Version which are not supplied by us.
10. Other important terms
10.1 We may transfer these terms to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we are going to do this. If you are unhappy with the transfer you may contact us to end these terms within 7 days of us telling you about it.
10.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
10.3 If a court finds part of these terms illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
10.4 Even if we delay in enforcing these terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of you breaking these terms that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
10.5 No one else can enforce these terms. These terms (or any contract made under them) do not create any right enforceable by any person other than you or us. You and we each agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, no claim may be consolidated or joined with more than one person’s or party’s claims. Unless both you and we agree otherwise, neither you nor we may join any consolidated, representative, or class proceeding.
10.6 Reliance on these terms. We intend to rely on these written terms and any document expressly referred to in them in relation to the subject matter of any contract between us made under them. We and you will be legally bound by these terms.
10.7 Language These terms may be presented to you in more than one language. However, the English language version of these terms shall prevail. The contracts between us made under these terms will be concluded in English.
10.8 Which laws apply to these terms and where you may bring legal proceedings. These terms are governed by the laws of England and Wales and you can bring legal proceedings in respect of the Paid Subscription in the courts of England and Wales. If you live in Scotland, you can bring legal proceedings in respect of these terms in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of these terms in either the Northern Irish or the English courts. If you live in the United States, each party waives, to the fullest extent permitted by law, any right to trial by jury in any action, suit, claim or proceeding brought to enforce, defend or interpret any rights or remedies arising hereunder, relating to or in connection with these terms. All claims, disputes or litigation arising out of or relating to these terms, in any form, manner or method whatsoever, shall be brought within one (1) year from the occurrence of the initial action, inaction or right which gave rise to such claim, dispute or litigation. This limitation of claims is a reflection of the risks assumed by the parties in order for you to obtain the right to use the Full Version.