This statement was updated on 23rd May 2018 and is GDPR compliant.
Please Scroll down for Terms and conditions relating to: Downloads, Shipping, Returns, Training
Terms and Conditions
Information presented on this web site is considered public information and may be distributed or copied for the purpose of promoting Kudlian Software Limited and its products. Use of appropriate byline/photo/image credit is requested. Whilst Kudlian Software makes every effort to provide accurate and complete information, various data such as names, telephone numbers, etc. may change prior to updating. Kudlian Software welcomes suggestions on how to improve this site and correct errors. Kudlian Software provides no warranty, expressed or implied, as to the accuracy, reliability or completeness of furnished data.
Some of the documents on this server may contain live references (or pointers) to information created and maintained by other organisations. Please note that Kudlian Software does not control and cannot guarantee the relevance, timeliness, or accuracy of these outside materials.
Security
For site security purposes and to ensure that this service remains available to all users, this system employs software programs to monitor network traffic to identify unauthorised attempts to upload or change information, or otherwise cause damage. Unauthorised attempts to upload information or change information on this web site are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986 and the National Information Infrastructure Protection Act. Information may also be used for authorised law enforcement investigations.
Terms of Payment
Payments
All orders not on account are to be prepaid prior to shipping. Payment options are cleared Cheque or credit card through PayPal. Buyers with an established Kudlian Software Limited approved account are subject to payment terms of 28 days. We reserve the right to charge interest charges of per 25% per month will be levied on any account not paid within the payment terms. We reserve the right to withhold further credit without prior notice should payment terms not be honoured.
Pricing
Prices listed are subject to change without prior notification. Orders will be charged at prices in effect on the day of ordering. Unless otherwise stated, all prices are Ex VAT and carriage.
Currency
Where a price for a product or service has been stated it should be assumed to represent units of Great British Pound Sterling (GBP). Any exceptions to this rule will be specifically identified. The use of the Pound signifier (£) should likewise be taken to specify GBP also.
Where a price is marked with the Dollar signifier ($) it indicates a value in United States Dollars (USD) unless specified otherwise.
Availability
All goods offered for sale are subject to availability. Our policy is to continually improve our products. This means that product specifications may change on occasion without notice.
Duty, Brokerage and Taxes
All applicable duties, taxes, and brokerage costs will be charged to the buyer on all shipments. It is the buyers responsibility to supply details of VAT status for exemption when ordering. Failure to do so may incur a charge if the customer requires re invoicing. See also Payment above.
Shipping
All shipping charges will be charged to the buyer and will be prepaid or charged on the customers account unless otherwise specified or arranged. VAT is charged on carriage. In exceptional circumstances, when deemed necessary, we reserve the right to change the carrier used without prior notice. Any order is subject to availability. We reserve the right to ship and invoice any portion of an order. Time of delivery is estimated as accurately as possible, but does not take into account any delays or breakdowns beyond our control, and as such is not guaranteed.
The risk in goods sold passes to the buyer upon receipt of the shipment but the title property in the goods remains vested in Kudlian Software Limited until the purchase is paid in full. It will be the responsibility of the buyer to return the product in saleable condition should these conditions not be met.
Delivery Speed - Deliveries are made during working days (Monday - Friday). Weekends do not count in the delivery timeframes. We do not currently offer the option for weekend deliveries.
• Deliveries to Education Institutions - We will not deliver to schools during holiday periods. If you wish to have a package delivered out of term time then we will need specific delivery instructions to ensure the package arrives. If you are then not able to take the delivery, a return cost will become due.
• Out of Areas Deliveries - Additional charges may apply to out of areas postcodes due to the additional costs of shipping to these areas (e.g. Scottish Highlands, Channel Islands, Isle of Man, Northern Ireland). It may also take a little longer than the specified timeframe to deliver your items. See the bottom of this page for further information.
Damaged/Lost Shipments
Kudlian Software Limited cannot be held responsible, nor can we accept, the return of merchandise damaged in transit without proper written consent. If a shipment is delivered to the customer in a damaged condition it is the customer’s responsibility to immediately report this damage to the carrier and, if possible, at the time of signing indicate on the delivery receipt.
You are required to notify Kudlian Software immediately of any damage. It is essential to have a damage report issued and filed with the carrier. Kudlian Software Limited will replace any damaged merchandise only upon acceptance of the carrier’s claim. Kudlian Software will replace any lost goods in the same manner they were originally shipped. Unless otherwise stated, goods shipped within the UK require a signature on receipt.
Returns Policy - Please read carefully
Returns
Please check our full Returns Policy.
Illustrations
Where relevant, Kudlian Software present images demonstrating their products in use. These images are intended for illustrative purposes and should not be assumed to be the exact range of features or design of a final product. If you unsure as to the precise features or capabilities of an application you should request further information from the Support area of this web site.
Licences
Please read the licence details..
Special Offers
Special offers may be applied from time to time. Special additional Terms and Conditions relating to the offer will be published at the time.
Disclaimer
The information contained in this website has been compiled with all possible care and we do not accept liability for any errors or omissions. We reserve the right to vary or amend our terms of business without prior notice.
Download
These Download Terms and Conditions ("Agreement") constitute a legal agreement between you (either an individual or single entity) and Kudlian Software Limited, "Kudlian", setting forth the terms and conditions governing your downloading of software accompanying this Agreement ("SOFTWARE") which includes computer software and may include "online" or electronic documentation.
By downloading the SOFTWARE you indicate your acceptance of this Agreement and are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not authorised to download the SOFTWARE.
This license is not a sale of the SOFTWARE and you do not become the owner of the SOFTWARE through your purchase of any product, download and/or use. KUDLIAN retain ownership of the SOFTWARE and all copies thereof and all related intellectual property rights, and reserves all rights not expressly granted to you under this Agreement. This Agreement constitutes the complete and exclusive agreement, oral or written, between you and KUDLIAN.
1. GRANT OF LICENSE
2. KUDLIAN hereby grants to you a non-exclusive, limited license to download one (1) copy of the SOFTWARE onto one (1) of your own computers. In order to install and use such downloaded SOFTWARE, you must separately agree to the end user license agreement that accompanies the SOFTWARE, which shall appear when you install the SOFTWARE. You may not sublicensee, the SOFTWARE or any part of it.
The SOFTWARE is protected by UK copyright law and international copyright laws and treaties.
3. RESTRICTIONS
Except as otherwise stated in this Agreement, you may not make or distribute copies of the SOFTWARE to others or electronically transfer the SOFTWARE from one computer to another over a network. You may not decompile, reverse engineer, disassemble or otherwise reduce the SOFTWARE to a human-perceivable form, except as may be permitted by law. YOU MAY NOT ALTER OR REMOVE ANY COPYRIGHT, TRADEMARK OR OTHER PROTECTIVE NOTICES CONTAINED IN THE SOFTWARE. YOU MAY NOT ASSIGN OR OTHERWISE DISPOSE OF, MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL, DISTRIBUTE, NETWORK, OR CREATE OR HAVE CREATED DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.
4. TERM
The limited license to the SOFTWARE granted hereunder will terminate automatically without notice from Kudlian if you fail to comply with any provisions of this license. Upon termination, you must remove the SOFTWARE and all copies thereof immediately. You may terminate this license at any time by removing from your computer(s) the SOFTWARE and all copies thereof.
5. FOREIGN EXPORT
You agree and certify that neither the SOFTWARE nor any related technical data is being or will be shipped, transferred or re-exported, directly or indirectly, into any country in violation of any applicable laws or regulations.
1. LIMITED WARRANTY AND DISCLAIMER
1. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, AND KUDLIAN, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, KUDLIAN, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE SOFTWARE, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER KUDLIAN, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE SOFTWARE, HOWEVER CAUSED, EVEN IF KUDLIAN, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE SOFTWARE IS AUTHORISED EXCEPT UNDER THIS DISCLAIMER.
2. KUDLIAN hereby reserves the right to modify, adapt, translate or improve the SOFTWARE at any time.
1. GENERAL
These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts in relation to any dispute arising out of or relating to these Terms and/or your use of the Website and/or the Website Service. If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect. KUDLIAN’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by KUDLIAN in writing. Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you and KUDLIAN.
1. TRAINING & Free Training – These should be read in conjunction with our full terms and conditions found on our website. They are provided as a guide for the terms and conditions applying to the Free training and Free CPD Training offers.
Free Training Offer. Please also read the other terms and conditions above carefully. The Training voucher, hereafter also referred to as voucher, to the value of £399 may only be used for a half-day training session, (Max 3 hours) as provided by Kudlian Software Limited under the terms of the offer and detailed in the conditions below.
1. FREE training voucher(s) can only be used in the offer s specified by Kudlian Software Limited for training and cannot be used with any other offer.
2. Training is delivered in a session and one session can be taken as either AM, PM, or Twilight. Each session is a maximum of 3 hours.
3. One Free Training vouchers is only redeemable against a single session.
4. Invoices for software licences must be paid in full before FREE training can be undertaken/delivered.
5. Free training vouchers may NOT be used to pay for software licences or any other products or against any Additional Charges.
6. Training sessions may be extended for an additional cost in line with our current training rates see below under Additional Charges.
7. Training, including FREE training, may also incur additional costs such as travel and subsistence, based on location, see below under Additional Charges.
8. Cancellation of training and FREE training, once booking is confirmed, will incur a cancellation fee of £75 +VAT. FREE training vouchers may NOT be used to pay for this fee.
9. Booked training sessions may be moved to an alternative date only at the discretion, and with the agreement, of Kudlian Software limited and may incur an administration fee of up to £50. FREE training vouchers may NOT be used to pay for this administration charge. Where travel and accommodation have already been booked, it may not be possible to offer an alternative date.
10. Kudlian Software’s FREE training Vouchers can only be used against training supplied by Kudlian Software Limited and cannot be transferred to any other training or for goods or be used with or as part of any other offer.
11. Travel, subsistence and other expenses will be charged if the training location is more than 30 miles from our offices at B80 7JS. Full rates on application. Distance calculated using Google Maps and AA journey reckoner. See Additional charges below. An invoice will be raised for any additional charges. FREE training vouchers cannot be used to pay for any of these additional charges.
12. All FREE training must be booked and confirmed, within three months of software invoice date.
13. Booking agreements must be completed before training can be delivered.
14. FREE training is for the purchasing establishment only and no third party delegates, delegates from other schools etc, may participate unless by prior agreement with Kudlian Software Limited.
15. Places on FREE Training courses may not be sold by the purchasing establishment or offered to any other third party.
16. A training date is offered at the discretion of Kudlian Software Limited.
17. It Is the responsibility of the customer to ensure all equipment is made available to delegates and that requested equipment and software are the correct specifications, that the software to be used for training and any additional software, is installed and fully working prior to the training day.
18. Access to internet may be required.
19. A FREE training voucher can only be used with the software purchased as part of an offer or promotion and where it is specifically indicated.
20. Training dates can only be offered on a ‘first come first served’ basis.
21. Kudlian Software reserve the right to cancel training, at no cost to the customer, by giving 14 days written notice and will look to seek an alternative date.
22. Kudlian Software Limited will not reimburse or give credit for Free training vouchers, training that has been cancelled or not taken within the time limits set out in the terms and conditions.
23. Kudlian Software Limited reserve the right to cancel and or decline to offer a training date.
Booking and organising training is the sole responsibility of the customer.
Training must be taken within a period of 150 days from the invoice date and may not be used after that time period.
Prices quoted are all ex VAT.
No equivalent cash value or equivalent voucher refunds will be given in cases where training is not taken for whatever reason.
In the event that training is not undertaken, this will be dealt with by Kudlian Software Limited on a case by case basis and in line with
our full terms and conditions.
Additional Charges
Training
1. Half days training designated as AM, PM, or Twilight (3 hours max) normal price £399 +VAT
2. Additional training, if taken in addition to an already booked half day session, on same day, same location (3 hours additional max) £200.
Normal Full Day Training rate £650 ex VAT
4. Travel costs will be charged where venues are more than 40 miles from Kudlian Software’s registered office at B80 7JS
• Distance is calculated using Google Maps and AA Route Planner.
• Car mileage charges based on HMR Guidance, AMAPS. Other travel costs such as railway, flights etc, will be advised.
• Subsistence and overnight accommodation, if required, will be advised.
All prices quoted are ex VAT.
Voucher Codes
Voucher codes 2017
HFW49 20% discount on Multiple User software only - expires 1/09/17
Extended period HFW49 - BETT 2017 and BrickLive discount software offer on animation software - expires 1/01/2018
Voucher Codes 2018
WK0318 Primary School - pay half day training £399 ex VAT and Travel, subsistence, and receive FREE site licence of I Can Animate or I Can Present expires 30/06/18
Tel: +44 (0)7540124052