Subscription and Payment Terms

1. Definitions

The definitions and rules of interpretation in this clause apply throughout the Subscription and Payment Terms (the ‘Terms’):

Authorised User: the named account holder (‘you’);
Cancellation Period: a period of 14 days from the date of the Subscription Date under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (‘the Regulations’);
Date of Cancellation: the date on which you cancel your User Subscription on your PrimaryHQ account’s billing page;
Generations: as defined in the User Agreement;
Payment Date: each date that a payment falls due, being a monthly anniversary from the Subscription Date;
Payment Details: the details provided for purpose of payment of the Subscription Fee, being the card number, security code, expiry date, name on the card and the billing address;
PrimaryHQ: Ryan Gall trading as PrimaryHQ;
PrimaryHQ Address: as defined in the User Agreement;
Privacy Policy: PrimaryHQ’s privacy policy;
Services: as defined in the User Agreement;
Subscription and Payment Terms: PrimaryHQ’s Subscription and Payment Terms relating to the User Subscription contained in this document;
Subscription Date: the date on which you agree to the Subscription and Payment Terms and make the first Subscription Fee payment;
Subscription Fee: a monthly fee of £4.99 (exclusive of VAT if applicable);
Termination Period: the period from the Date of Cancellation until the calendar day before the next Payment Date would have occurred if the User Subscription had not been cancelled;
User Agreement: the agreement entered into between PrimaryHQ and users of PrimaryHQ for use of the Services;
User Subscription: a PrimaryHQ subscription for the Authorised User’s use of the Services following payment of the Subscription Fee.

2. Applicability of Subscription and Payment Terms

The Subscription and Payment Terms apply to all users of PrimaryHQ who hold a User Subscription. The User Agreement applies to all users of PrimaryHQ. In the event of any conflict between the User Agreement and the Subscription and Payment Terms, the User Agreement will take priority. Capitalised terms used but not defined in the Subscription and Payment Terms have the meanings given to them in the User Agreement.

3. About PrimaryHQ

PrimaryHQ is operated by Ryan Gall, a sole trader trading as PrimaryHQ, of PrimaryHQ, C/O Unit 2, Hounsell Building, North Mills Trading Estate, Bridport, Dorset DT6 3BE hello@primaryhq.co.uk (“PrimaryHQ”, “we”, “us” or “our”).

4. The Services

4.1. A User Subscription entitles the Authorised User to generate up to 30 Generations during each monthly subscription period.

4.2. Any unused Generations expire at the end of the relevant monthly subscription period and do not roll over to future subscription periods.

5. Charges and Payment

5.1. You shall pay the Subscription Fee to PrimaryHQ for the User Subscription on a monthly basis. The Subscription Fee will be billed monthly via Stripe, our payment processor, starting on the day you subscribe. Your subscription renews automatically each month on that same date - for example, if you subscribe on the 15th, you will be billed on the 15th of each following month up to the Date of Cancellation.

5.2. By agreeing to these Terms, you are confirming that the Payment Details you have entered are correct, up-to-date and complete.

5.3. By agreeing to the Terms, you authorise PrimaryHQ to bill the Subscription Fee to this payment method on a monthly basis up to the Date of Cancellation.

5.4. If PrimaryHQ has not received payment due on the Payment Date, then PrimaryHQ may suspend access if payment remains outstanding after reasonable attempts to take payment.

5.5. Subscriptions are only available to Authorised Users with a UK billing address. Should your billing details later change, you have an obligation to notify PrimaryHQ as such. Should your billing address change to a different UK or non-UK address, PrimaryHQ reserves the right to cancel the User Subscription.

5.6. Please note that PrimaryHQ does not store the Payment Details you supply to us, Stripe handles and secures all Payment Details directly.

5.7. PrimaryHQ may make reasonable changes to the number of Generations available as part of a User Subscription for technical, operational or commercial reasons. No change will take effect until the start of your next subscription period following notice from PrimaryHQ of such changes. You have a right, following such notice, to elect not to renew the User Subscription and can do so by following the cancellation provisions set out in clause 6.

5.8. PrimaryHQ reserves the right to change the Subscription Fee. If the Subscription Fee is changed, we will give you reasonable notice of the change. Changes will only take effect on a future renewal date.

6. Cancellation, Refunds and the ‘Cooling-Off Period’

6.1. The User Subscription shall, unless otherwise cancelled as provided in clause 6, commence on the Subscription Date and continue until the Date of Cancellation.

6.2. PrimaryHQ reserves the right to cancel your User Subscription for any breach by you of the User Agreement, the Subscription and Payment Terms and/or the Privacy Policy at any time, without notice. If PrimaryHQ cancels your User Subscription, your access to the User Subscription will end immediately and you will no longer be able to use the Services or make further Generations. We will not take any further Subscription Fee payments from you unless we explicitly allow you to reactivate your User Subscription.

6.3. By purchasing a User Subscription, you expressly request that we begin supplying the Services immediately and before the end of the Cancellation Period. You acknowledge that the Services will be made available to you from the Subscription Date and that you may begin using your User Subscription, including generating Generations, immediately. Nothing in these Terms affects your statutory right to cancel during the Cancellation Period under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. However, if you exercise your right to cancel during the Cancellation Period after requesting immediate access to the Services, we may make a deduction from any refund to reflect the value of the Services supplied to you before cancellation, as further described below.

6.4. You can cancel the User Subscription at any time on your PrimaryHQ account’s billing page. Upon cancellation:

You retain access to the User Subscription until the end of the Termination Period; cancellation does not affect your right to continue using Generations already lawfully created before cancellation, subject to the User Agreement;
You will not be charged once the Termination Period has ended;
No refund will be made for Generations not used during the Termination Period.

6.5. Your right to change your mind and the Cooling-Off Period:

6.5.1. Under the Consumer Contracts Regulations 2013 you have the right to terminate this contract within 14 days without giving any reasons. The cancellation period will expire after 14 days from the day of the conclusion of the contract.

6.5.2. To exercise the right to cancel you must inform us of your decision to cancel this contract with a clear statement sent by a letter sent by post to the PrimaryHQ Address or by email to hello@primaryhq.co.uk. You may use the attached cancellation form, but it is not obligatory. If you do use the cancellation form, please return it to us by post or by email using the above contact details.

6.5.3. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the Cancellation Period has expired.

6.5.4. If you cancel this contract during the Cancellation Period, we will reimburse you all payments received from you. If you have requested to begin the performance of the Services during the Cancellation Period (which you have done so by agreeing to these Terms), the amount that we reimburse you shall be reduced by an amount calculated by reference to the proportion of the monthly generation allowance used before cancellation (i.e. if 5 Generations have been generated prior to cancellation, a further £0.83 will be deducted from your refund to reflect the use of the Services).

6.6. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of the reimbursement.

Cancellation Form

To PrimaryHQ, C/O Unit 2, Hounsell Building, North Mills Trading Estate, Bridport, Dorset, DT6 3BE, hello@primaryhq.co.uk

I hereby give notice that I cancel my contract of sale for the supply of the following service: PrimaryHQ User Subscription which was activated on …………….

Name of consumer:

Address of consumer:

Signature of consumer (only if this form is notified on paper):

Date: