Your use of this site constitutes acceptance of these terms
aicm Limited ("aicm") is a UK registered company, registration number 11650485, with its registered office at Crown House, 27 Old Gloucester Street, London WC1N 3AX.
Customer use of the site and any Services supplied directly by it is subject to the terms of this Agreement ("Agreement"). This Agreement sets out the rights and obligations between the Customer and aicm. The Customer is not eligible to receive the Services until the Customer has accepted this Agreement. Please read this Agreement carefully.
1. Interpretation
In these Conditions, unless the context otherwise permits:
"Authorised Representative" means a person whose job title is that of Director or Managing Director, or a person who holds the office of director.
"Consumption Analytics" means analytics, reporting, usage data, document consumption data, document activity data, trend data, weekly reporting or related information made available through the Service to help the Customer understand which Discovered Documents are being accessed, consumed, converted or reviewed.
"Converted Output" means any HTML page, structured page, editable page, extracted content, reformatted content, document view, data output, accessibility-related output or other output created, generated, assisted or made available by the Service from a Discovered Document.
"Customer" means the person, firm, company, entity or organisation with whom aicm contracts for the sale of Products and/or supply of Services.
"the Conditions" or "these Conditions" means the standard terms and conditions of sale set out in this document, or such replacement standard terms and conditions notified to the Customer as in force at the date of the Contract and which at that date appear on aicm's website at aicm.aaanow.ai/terms or such replacement address as aicm may specify.
"the Contract" means any contract for the purchase and sale or other supply of Products and/or the supply of Services by aicm to a Customer.
"Discovered Document" means any PDF, document file, linked document, embedded document, document asset or related file identified, located, accessed, reviewed or processed by the Service from the Customer's website, web pages, digital properties, website activity, document links or related online activity.
"Electronic Means" means any electronic means including without limitation on the Web, by EDI or XML.
"PDF Conversion" means the automated, assisted or system-supported interpretation, extraction, conversion, structuring, reformatting or presentation of a Discovered Document into a Converted Output.
"Quotation" means the quotation for Services that aicm provides to the Customer, in writing or electronically, which specifies the price to be paid for those Services.
"Review Tools" means any tools, controls, editing functionality, analytics, consumption reports, review screens or other functionality made available by aicm to support Customer review, correction, approval, update and ongoing maintenance of Converted Outputs.
"Secure Tag" means the tag, script, tracking mechanism or other technical method used by the Service to identify Customer website activity, locate Discovered Documents, assess document usage and support the provision of the Service.
"Service(s)" means collectively all services, programs, information and products that the Customer uses or otherwise accesses from time to time provided by aicm through its site.
The headings in these Conditions are for convenience only and shall not affect their interpretation.
aicm reserves the right to apply supplemental or other terms for Services to be supplied by aicm or used by the Customer outside the UK mainland.
2. Basis of the Sale
All Contracts between aicm and a Customer shall be governed by these Conditions, and where applicable any other terms and conditions pursuant to Clause 1, to the exclusion of any other terms and conditions not accepted in writing by an Authorised Representative of aicm, including without limitation any terms on or referred to in any Customer purchase order.
In the case of orders placed by Electronic Means which refer to any terms and conditions of the Customer, aicm's automatic taking on to its system of such order shall amount to a rejection of the Customer's terms and conditions and an offer to supply the Products or Services ordered on the basis of these Conditions.
No variation to these Conditions shall be binding unless agreed by letter and signed by an Authorised Representative of aicm.
It is the Customer's responsibility to be aware of the Conditions as current from time to time, but aicm will use best efforts to notify the Customer of any material changes to the Conditions before they become applicable.
The Customer's acceptance of these Conditions shall also be made, in respect of the first Contract and all subsequent Contracts, either by:
a. the Customer providing a purchase order to aicm; or
b. the Customer accepting Products or Services from aicm,
whichever occurs first.
No employee or agent of aicm other than an Authorised Representative has any authority to make any representation concerning Products or Services. An Authorised Representative has no authority to make such representation other than by letter (an "authorised representation"). Accordingly, the Customer agrees that in entering into any Contract it does not rely on any unauthorised representation, and the Customer agrees it shall have no remedy in respect of any unauthorised representation unless made fraudulently.
3. Customer Identification
In placing an order, including by Electronic Means, the Customer may utilise one or a combination of account names, account numbers and other forms of identification, including password or other code issued to the Customer, together and individually referred to as "Customer's Identification" or "Customer Identification".
It is the Customer's responsibility to keep the Customer's Identification confidential. The Customer has sole responsibility for its Customer Identification. The Customer shall immediately inform aicm in case of loss of password or in case of any abuse or attempted abuse of Customer password or other Customer Identification.
The Customer agrees that it is entirely responsible for use of the Customer's Identification and that it is the Customer's responsibility to have security measures and procedures in place to ensure use of its Customer Identification only by authorised personnel for authorised purposes.
The Customer agrees that aicm is entitled to rely absolutely on any orders placed with aicm which have utilised Customer's Identification, and to deliver as directed by such orders and to invoice and be paid in respect of such orders.
The Customer agrees that any order placed on aicm.com, including by Electronic Means mentioning or utilising Customer's Identification, is a valid and binding purchase order and shall be deemed to be a duly authorised act of the Customer.
The Customer acknowledges that aicm cannot guarantee the security of the Internet and the possibility of interception or corruption of data transmitted from the Customer to aicm using correct Customer Identification. aicm is nonetheless entitled to rely on data transmitted in the form it is received at aicm.com.
When the Customer obtained Customer Identification from aicm, it was represented to aicm that it was obtained by a legitimate employee or representative of the Customer that deals with aicm. The Customer represents and warrants that the information it provided to aicm in obtaining the Customer Identification is accurate and complete. The Customer also agrees to notify aicm immediately at any time that information ceases to be accurate and complete.
4. Contract Term and Renewal
Unless otherwise specified in the Quotation:
a. the fixed period of any Contract for ongoing Services shall be 12 months;
b. the Contract period shall automatically renew for another 12 month fixed period unless notice is given by the Customer to aicm in writing not less than 90 days before the end of any fixed period; and
c. aicm may increase the price charged for each successive fixed period by up to 8% above the price charged for the previous period.
5. Proprietary Rights of aicm
The Customer acknowledges and agrees that aicm exclusively owns or has been licensed by third parties to use all rights, title and interest in the Service and the information, data, databases, images, sound recordings, audio and visual clips and other content provided by aicm through the Service, individually and collectively referred to as the "content".
Nothing contained in this Agreement conveys to the Customer any right, title or interest in or to the Service or any content. The Customer shall not remove or modify any copyright or other notice placed on content. Internal distribution of content should be limited to those within the Customer organisation who are aware of the obligations imposed by this Agreement.
The Customer shall use the Service and content solely for the Customer's own internal use, and not for the benefit of any third party. In no event shall the Customer display, circulate, publish, retransmit, redistribute, reproduce or sell all or any part of content outside of the Customer's business organisation by any means or medium now or hereafter created. The Customer is not authorised to alter, cover or remove any reference to such intellectual property rights and shall adhere to any guidelines and restrictions provided by aicm with respect to such rights.
aicm shall have no duty to defend, indemnify or hold the Customer harmless from and against any or all claims brought against the Customer or damages and costs incurred by the Customer arising from the infringement of a third party's intellectual property rights, except to the extent aicm's supplier is offering such defence or indemnification to aicm on a pass through basis.
Upon threat of claim or claim of infringement, aicm may, at its option:
a. procure the right to continue using any part of the Service;
b. replace the infringing Service with a non-infringing Service of similar specification; or
c. refund to the Customer the price paid in advance by the Customer for the infringing Service.
Notwithstanding any other terms or conditions to the contrary, aicm's liability for infringement of intellectual property rights under these Conditions shall not exceed the Customer's payment for the infringing Service.
6. Important Disclaimers Regarding Content and Use Restrictions
6.1 Global Use
aicm makes no representations that content is appropriate for use in all locations, or that transactions, products, instruments or Services discussed are available or appropriate for sale or use in all jurisdictions, or by all investors or counterparties.
6.2 Linked Sites
Certain links are provided which may lead to websites maintained by third parties over whom aicm has no control, including sites maintained by aicm affiliates.
To the extent permitted by law, aicm takes no responsibility for the accuracy, content or any aspect of that material and disclaims any liability to the Customer for such material or for any consequence of the Customer's decision to use the links provided or the Customer's use of such material.
aicm also disclaims all liability and makes no representations or warranties for any products or Services sold or provided to the Customer by any third party, including aicm affiliates.
Customer purchase of products or Services through one of those other sites is subject to agreements and/or the terms and conditions in effect between the Customer and the providers of products and Services at those other sites. The Customer agrees that it shall not bring a suit or claim against aicm arising from or based on Customer purchase or use of products or Services through those other sites.
6.3 Delayed Information
The Customer acknowledges that some content available through the Service which appears to be in "real time" may in fact be delayed information.
6.4 No Warranty
The Customer acknowledges that the content provided through the Service is not intended to be a recommendation, offer or solicitation of any particular products or services.
In addition, the content provided represents the views and opinions solely of the author or the indicated source. aicm does not independently verify the accuracy or completeness of the content, nor does aicm endorse any particular content or views expressed therein.
aicm takes no responsibility for the accuracy, content or any aspect of the content and disclaims any liability to the Customer for the content or for any consequence of the Customer's decision to use the content.
The Customer agrees that it shall independently confirm any information presented to it through the Service before relying on such information.
aicm and its employees, contractors, agents and various contributors to the Service have no duty to correct or update any inaccurate or out-of-date content, except as expressly agreed in writing.
6.5 Downloaded Content
It is up to the Customer to take precautions to ensure that information and content the Customer downloads or otherwise selects for Customer use is free of viruses and other destructive items.
6.6 Customer Website Activity, Documents and Content
The Customer acknowledges that, in order to provide the Services, aicm may need to access, identify, review, store, process and analyse data from the Customer's website(s), web pages, digital properties, social media presences, document links, PDF assets and related online activity.
The Customer further acknowledges that Discovered Documents are normally identified through the Secure Tag and related website activity, rather than being provided directly to aicm by the Customer.
The Customer gives explicit permission for aicm to identify, access, process, analyse and store such data and Discovered Documents for the purpose of providing the Services.
The Customer is responsible for ensuring that it has the necessary rights, permissions and lawful basis to allow aicm to access, process and use the Customer's website data, Discovered Documents and related content for the purpose of providing the Services.
The Customer acknowledges that the Service may not identify every PDF or document connected to the Customer's website, especially where documents are blocked, hidden, restricted, deleted, password protected, incorrectly linked, technically inaccessible, served from third-party platforms, loaded dynamically, controlled by authentication, affected by browser settings or otherwise unavailable to the Secure Tag.
6.7 Changes
aicm may make changes to the Service and content. aicm reserves the right to do so without prior notice to the Customer.
In the event of any material change to the Service and/or content that is to the disadvantage of the Customer, the Customer has the right to terminate without penalty during the first thirty days.
6.8 Fair Usage Policy
Customers who have chosen to purchase the unlimited aicm Service will be subject to the aicm Fair Usage Policy. "Unlimited" in this instance means up to 50 websites or web addresses.
6.9 PDF Discovery, Conversion and HTML Outputs
6.9.1 Nature of PDF Conversion
aicm provides technology, tools and related Services to support the discovery, interpretation, conversion and management of Discovered Documents, including PDF documents, into Converted Outputs.
aicm will use reasonable skill, care and commercially reasonable best efforts when processing Discovered Documents, interpreting source files and producing Converted Outputs.
The Customer acknowledges that PDF Conversion is materially dependent on the quality, structure, tagging, layout, source construction, accessibility, design and completeness of the original Discovered Document.
The Customer acknowledges that many PDF documents were created for visual presentation, print distribution, manual reading or brand presentation, rather than for structured extraction, machine interpretation, accessibility, data reuse or reliable conversion into HTML.
6.9.2 No Guarantee of Complete or Error-Free Conversion
aicm does not represent, warrant or guarantee that any Discovered Document can be converted into a complete, accurate, accessible, legally compliant, regulatory compliant, current or error-free Converted Output.
Automated or assisted conversion may be limited, incomplete or inaccurate where the original Discovered Document contains structural, technical, visual, accessibility, content, layout or source-file issues.
The Customer acknowledges that automation must not be solely relied on. Converted Outputs must be reviewed, checked, corrected, approved and maintained by the Customer on a continuing basis.
6.9.3 Customer Review and Continuing Responsibility
The Customer remains responsible for reviewing, validating, editing, approving, publishing and maintaining all Converted Outputs before and after publication.
The Customer must review Converted Outputs against the original Discovered Document and against the Customer's own legal, regulatory, accessibility, brand, operational and content requirements.
aicm provides Review Tools to allow the Customer to amend, correct, update and maintain Converted Outputs. The Customer is responsible for using those Review Tools, or other appropriate internal review processes, to correct errors, update content, improve structure and maintain the accuracy of published information.
6.9.4 Consumption Analytics and Weekly Review
The Service may provide Consumption Analytics showing which Discovered Documents are being accessed, consumed, converted, reviewed or otherwise identified through website activity.
The Customer must review Consumption Analytics on a regular basis, and at least weekly unless otherwise agreed in writing, to understand which documents are being consumed and which documents require priority review.
As a minimum, the Customer must ensure that key documents are reviewed, checked and updated where applicable. Key documents include documents that are highly consumed, legally significant, regulatory, customer-facing, operationally important, commercially material, safety-related, policy-related or likely to influence decisions made by users, customers, regulators, search engines, AI systems or other automated systems.
Consumption Analytics are provided to support review and governance. They do not remove the Customer's responsibility to identify, review, maintain and update important documents across its website and digital estate.
6.9.5 Source Document Quality
The Customer acknowledges that aicm's experience indicates that over 90% of PDF documents assessed may be poorly structured, incompletely tagged, missing key information or not prepared for reliable machine interpretation.
The Customer acknowledges that the following source document issues may significantly affect aicm's ability, or any technology's ability, to interpret, extract, convert or reproduce a Discovered Document as usable HTML:
- missing, incorrect, incomplete or inconsistent PDF tags;
- incorrect, unclear, duplicated or absent reading order;
- missing, incorrect or poorly nested heading structures;
- manually formatted text that appears structured visually but is not semantically structured;
- lists created with spacing, symbols or visual formatting rather than genuine list structures;
- missing, incomplete or inaccurate document metadata, including title, language and author;
- missing bookmarks, missing page labels, missing tables of contents or poor navigation;
- hidden layers, duplicated content, artefacts, annotations or embedded objects;
- scanned pages, image-only pages or flattened page images;
- poor optical character recognition, unclear text, handwriting, stamps or signatures;
- missing or unreliable Unicode mapping, embedded fonts or character encoding;
- low-quality images, compressed images or images containing essential text;
- diagrams, maps, charts or illustrations without meaningful alternative text;
- visual reliance on colour, layout, spacing or proximity to communicate meaning;
- content that is visually apparent to a sighted reader but not exposed as machine-readable structure;
- PDF generation methods that remove, flatten, obscure or corrupt the original structure;
- file corruption, encryption, security settings, password protection or restricted extraction settings;
- oversized files, slow files, unstable files or files containing excessive embedded assets;
- legal schedules, appendices, forms or notices where the original layout carries material meaning;
- content served through redirects, scripts, third-party systems, CDNs, authentication or restricted access;
- documents that are updated or replaced on the Customer's website without corresponding review of the Converted Output.
6.9.6 Reading Order, Headings and Structure
The Customer acknowledges that visual order in a PDF does not necessarily reflect the underlying reading order of that PDF.
A document may appear logical to a sighted reader while exposing a different, incomplete or confusing order to machines, assistive technologies or conversion systems.
Missing, incorrect or inconsistent reading order may affect the accuracy, sequence and meaning of Converted Outputs.
Missing headings, incorrectly nested headings or visual headings that are not genuine structural headings may also affect conversion quality and user navigation.
aicm will use best efforts to identify likely reading order and structure. The Customer remains responsible for confirming that the final Converted Output follows the correct logical order and reflects the intended meaning.
6.9.7 Tables, Schedules and Complex Data
Tables, schedules, pricing grids, timetables, matrices and column-based layouts may be difficult to convert accurately where the original Discovered Document does not contain proper table structure.
Visual table appearance does not mean that the PDF contains genuine table data, recognised header cells, row associations, column associations or reliable reading order.
Conversion may be limited or inaccurate where tables contain merged cells, split cells, nested tables, repeated headings, multi-page continuation, footnotes, rotated text, vertical headings, symbols, colour-coded meaning, irregular spacing or complex legal schedules.
Column-tabbed data, multi-column text and visually aligned content may also be misread where the PDF relies on spacing rather than semantic structure.
aicm will make best efforts to identify the intended relationships, but the Customer remains responsible for confirming the final meaning, sequence and structure.
6.9.8 Lists, Fonts, Navigation and Metadata
Lists created manually through spacing, symbols, punctuation, indentation or visual formatting may not be recognised as genuine semantic lists. Such content may require manual correction within the Converted Output.
Fonts, embedded fonts, missing fonts, substituted fonts, character encoding, ligatures and non-standard symbols may affect text extraction, interpretation and presentation.
Text that appears readable in a PDF may not always be exposed as reliable machine-readable text.
Missing bookmarks, missing page labels, missing tables of contents and incomplete navigation may limit the ability of the Service to recreate meaningful document navigation.
Missing metadata, including title, language and author, may also limit interpretation, accessibility and machine readability.
6.9.9 Images, Diagrams and Flattened Pages
Images, diagrams, charts, scanned pages and flattened PDF pages may materially limit the ability to extract meaningful content.
In some PDFs, an entire page may exist as a single flattened image, even where it appears to contain text, tables, headings, columns, diagrams or other structured elements.
Where content is embedded inside an image, aicm may need to rely on image detection, optical character recognition or visual interpretation.
These methods may produce incomplete, inaccurate or uncertain results, especially where the image quality is poor, the layout is complex, the text is small, the contrast is low or the content is technical.
The Customer acknowledges that image-based content may require human review, human description, manual transcription, alternative text creation or complete restructuring before it can be considered accurate, accessible or fit for publication.
6.9.10 Maps, Floor Plans and Spatial Documents
Maps, floor plans, site plans, building layouts, transport diagrams, evacuation plans, wayfinding plans and similar spatial documents may have significant limitations when converted into HTML or text-based accessible formats.
Such documents often communicate meaning through location, scale, distance, orientation, proximity, symbols, colour, labels, routes, boundaries and visual relationships.
The Customer acknowledges that these visual and spatial relationships may be difficult or impossible for any system to interpret fully, especially where the original document has limited structure, relies on imagery or has been flattened into a single image.
The Customer further acknowledges that attempting to describe a map, floor plan or spatial document in full text may create an excessively long, complex or unusable output.
In some cases, a shorter, purpose-led accessible alternative may be more appropriate than a full literal description. Such alternatives may include key location summaries, route instructions, address details, room lists, access information, contact details, searchable location data or a human-created description focused on the user need.
aicm does not warrant that maps, floor plans or spatial documents can be converted into complete, accurate or fully accessible equivalents. The Customer remains responsible for deciding what accessible alternative is appropriate, proportionate and suitable for the intended audience and use case.
6.9.11 Over-Engineered and Over-Designed PDFs
Some Discovered Documents are designed primarily to deliver a highly visual, branded, aesthetic or editorial experience.
These may include brochures, campaign documents, annual reports, prospectuses, design-led publications, complex reports, image-heavy materials or documents produced from creative design software.
The Customer acknowledges that over-engineered, over-designed or highly visual PDFs may contain limited semantic structure, limited machine-readable order and substantial reliance on imagery, spacing, overlays, background design, columns, callouts, graphic composition or visual emphasis.
Such documents may be difficult for aicm, or any conversion technology, to interpret accurately because they were not originally designed as structured information.
Where a document has been designed principally for visual impact, aicm may not be able to preserve the same meaning, layout, sequence, emphasis, hierarchy or relationships when converting the document into HTML.
In these cases, the Customer may need to manually review, restructure, rewrite, simplify or approve the converted content before it can be treated as usable web content.
6.9.12 Accessibility-Related Limitations
aicm may support the creation of more usable HTML outputs, but the original Discovered Document may contain accessibility defects that limit reliable conversion.
These defects may include missing tags, poor tag structure, incorrect reading order, absent heading hierarchy, missing alternative text, inaccessible tables, poor colour contrast, non-semantic lists, missing document language and incomplete metadata.
The Customer acknowledges that accessibility improvement is not automatic and may require manual review, editorial judgement, structural correction, user testing and specialist accessibility review.
The Customer remains responsible for determining whether any Converted Output meets the accessibility, legal, regulatory or organisational standards that apply to the Customer.
6.9.13 Legal, Regulatory and High-Risk Content
Where a Discovered Document contains legal schedules, statutory wording, policy documents, compliance statements, financial tables, technical specifications, safety information, medical information, regulatory notices or other high-risk content, the Customer must review the Converted Output with particular care.
aicm does not verify the legal, regulatory, financial, medical, technical or professional accuracy of Converted Outputs.
The Customer remains responsible for confirming that all Converted Outputs are accurate, current, complete and suitable for their intended audience, purpose and publication context.
6.9.14 Limits of Secure Tag Discovery
The Customer acknowledges that Secure Tag discovery is dependent on the Customer's website, website availability, tag deployment, page structure, browser behaviour, user activity, document access, links, redirects, technical permissions and third-party systems.
The Service may not identify, access or assess every document where documents are not accessed by users, are not linked from monitored pages, are served through restricted systems, are blocked by technical controls, are unavailable at the time of activity, are behind authentication, are affected by cookie settings or are otherwise outside the scope of the Service.
The Customer remains responsible for ensuring that important documents are identified, reviewed and maintained, whether or not they are discovered by the Secure Tag.
6.9.15 No Reliance Without Review
The Customer must not rely on any Converted Output as accurate, complete, accessible, legally compliant, regulatory compliant or suitable for publication unless the Customer has reviewed and approved that output.
The Customer must not treat automated conversion as a replacement for responsible human review, editorial ownership, accessibility review, legal review, regulatory review or ongoing content governance.
6.9.16 Changes After Conversion
The Customer acknowledges that a Discovered Document may change after conversion, including where a PDF is updated, replaced, moved, deleted, renamed, redirected or republished on the Customer's website.
The Customer remains responsible for reviewing Consumption Analytics, identifying material changes and ensuring that Converted Outputs remain accurate, current and appropriate after the original Discovered Document changes.
aicm is not responsible for any inaccuracy, omission, outdated information or inconsistency that arises because a Discovered Document or related source content changed after conversion and was not reviewed, corrected or updated by the Customer.
7. Service and Support
All support provided is based on UK working hours, being from 09.15 to 16.30 UK time. Support is not provided outside of these hours, nor during public holidays in England and Wales, unless otherwise agreed in writing with the Customer.
Support requests should not be used as a replacement for training. Support requests may only be lodged by those who have attended the relevant aicm training.
Where the support request is satisfied by additional one-to-one training, aicm has the right to charge for this at a rate of £375 excluding VAT per half-day, with a half-day minimum.
Standard support covers reporting of bugs, errors or system failures, and clarifications or explanations of diagnostics reported by a Service.
Standard support does not include investigation as to the cause of diagnostics reported by the Service where this entails review of the code, operation or delivery of the Customer's content, website, social media page, documents or assets contained or linked from them, unless the cause is determined to be a bug or fault in the Service.
Support relating to Converted Outputs, Discovered Documents, accessibility issues, PDF structure, table interpretation, map interpretation, floor plan interpretation, legal schedules, document content, reading order or source document quality may require additional review, specialist input or chargeable support unless the issue is determined to be a bug or fault in the Service.
Any support requests must be made via the online support service under "Help and Support", following login to the Service via the website.
Support requests will be acknowledged on a best efforts basis within 60 minutes of the Customer's completion and submission of the support form.
Once the request has been acknowledged and a support ticket ID allocated, the standard response time is 8 working hours. This is the time for the initial response and not necessarily the time for the request to be resolved.
aicm will close the support ticket when it believes the request to be resolved. Should the Customer not agree that the request is resolved, full details sufficient for aicm to be able to investigate should be emailed to support@aicm.com.
8. Support Incidents
Where the Customer has purchased additional support by way of Support Incidents, aicm will endeavour to provide details as to the root cause of a reported diagnostic.
The Customer may need to provide specific details or further information as and when requested in order to enable aicm to effectively solve Support Incidents. If this information is not provided in a timely manner, then the Incident may be closed.
Unless otherwise agreed in writing, the maximum investigation time for a Support Incident is 1 working day.
A Support Incident does not transfer responsibility for the accuracy, approval, accessibility, legal compliance, regulatory compliance or ongoing maintenance of the Customer's content, Discovered Documents or Converted Outputs from the Customer to aicm.
9. Limitation of Liability
aicm shall not be liable to the Customer or be deemed to be in breach of any Contract by reason of any delay in performing or any failure to perform any of aicm's obligations in relation to the Services if the delay or failure was due to any cause beyond aicm's reasonable control.
aicm shall not be liable to the Customer for any economic or financial loss or damage, including without limitation any loss of profits, loss of revenue, liabilities incurred by the Customer to third parties relating to Products delivered or Services rendered by aicm, additional expenses incurred or the cost of time spent.
aicm shall not be liable to the Customer for any consequential, indirect or special loss or damage, costs, expenses or other claims for consequential compensation whatsoever, including without limitation loss of or damage to data or loss of goodwill, incurred or suffered by the Customer and in every case howsoever caused or arising, whether caused by the negligence of aicm, its employees or agents or otherwise.
aicm's liability for direct loss or damage arising from damage to tangible property for which aicm is liable shall be limited to the VAT exclusive price of the relevant Service in connection with which any claim for damage or loss is made.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for certain damages, in such states or jurisdictions, the liability of aicm, its partners, employees, agents, contractors or other suppliers shall be limited in accordance with this Agreement to the extent permitted by law.
Nothing in these Conditions shall in any way exclude or limit any liability aicm may have for death or personal injury caused by its negligence.
If provision of the Service, and/or its availability, is impeded by the lack of availability of the Customer's website, aicm does not accept and is not liable for delivery of the Service until the Customer's website is fully available.
aicm does not represent, warrant or guarantee that the Service or content will be free from errors or will be available at all times. The Customer understands that aicm accepts no responsibility for security of information on the Internet.
Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond aicm's reasonable control:
a. Act of God, explosion, flood, tempest, fire or accident;
b. act of terrorism, war or threat of war, sabotage, insurrection, civil disturbance or requisition;
c. acts, restrictions, regulations, byelaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
d. import or export regulations or embargoes;
e. strikes, lock outs or other industrial actions or trade disputes, whether involving employees of aicm or a third party;
f. difficulties of aicm's supplier in obtaining raw materials, labour, fuel, parts or machinery;
g. failure, unavailability or material change in the Customer's website, web pages, digital properties, document locations, links, redirects, third-party systems or hosting arrangements;
h. restricted access, authentication, password protection, security controls, file corruption, browser settings, cookie settings, consent settings or technical measures preventing access to Customer content or Discovered Documents.
The Customer should only share personal data with aicm if it has been specifically requested and only if the Customer can, if necessary, provide confirmation that it has permission to share such data.
aicm will never ask for, and the Customer should never share, sensitive personal data as defined in data protection law. aicm provides services only to businesses on a commercial basis, not to individuals or consumers.
aicm shall not be liable for any loss, claim, damage, cost, regulatory exposure, accessibility complaint, misinformation, misrepresentation, user reliance, publication error or other consequence arising from the Customer's failure to review, correct, approve, maintain or update a Converted Output.
aicm shall not be liable for inaccuracies, omissions, formatting issues, interpretation errors, accessibility defects, structural defects, legal defects, regulatory defects or content defects that arise from the structure, condition, design, tagging, layout, build method, accessibility quality, source quality or technical availability of the original Discovered Document.
aicm shall not be liable for any failure to identify, locate, access, process or convert a PDF or document where such failure arises from website structure, website activity, tag deployment, customer configuration, restricted access, authentication, third-party platforms, redirects, broken links, deleted files, password protection, file corruption, browser settings, user consent settings, security controls or any cause outside aicm's reasonable control.
aicm shall not be liable where a Converted Output is published, used, relied on or made available by the Customer before the Customer has completed its own review and approval process.
aicm shall not be liable for any failure to create a complete, accurate or fully accessible equivalent of a map, floor plan, site plan, building layout, route diagram, transport diagram, evacuation plan or similar spatial document.
aicm shall not be liable where a text description of a spatial document is incomplete, too long, too short, difficult to use, unsuitable for a particular user need or unable to reproduce the full meaning of the original visual document.
The Customer acknowledges that Review Tools and Consumption Analytics are provided to support Customer governance, but do not transfer responsibility for document accuracy, accessibility, legal compliance, regulatory compliance, publication approval or ongoing content maintenance from the Customer to aicm.
Nothing in this section shall exclude or limit any liability that cannot be excluded or limited under applicable law.
10. General
This Agreement does not confer any rights, remedies or benefits upon any person other than the Customer and aicm.
This Agreement may only be amended by a written or electronic form duly accepted and agreed to by aicm and the Customer, and such amendment shall refer to this Agreement.
The Customer may not assign this Agreement without the prior written consent of aicm.
aicm may reassign this Agreement to a third party without notice. If it does so, it guarantees that the third party will meet aicm's obligations under this Agreement.
This Agreement shall be binding on and inure to the benefit of the parties and their respective successors and assigns. Termination shall not prejudice the accrued or continuing rights and liabilities of either party.
Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a proper legal authority, the validity and enforceability of the other provisions shall not be affected.
The Customer represents and warrants to aicm that the information the Customer provided to aicm in the registration process and in other areas of the Service is true, accurate and complete.
Upon request by aicm, the Customer hereby agrees to defend, indemnify and hold harmless aicm, its officers, directors, employees, agents, contractors or other suppliers from all liabilities, claims and expenses, including legal fees, that arise from a breach of this Agreement for which the Customer is responsible, or from the use of the Service or content.
The Customer further agrees to defend, indemnify and hold harmless aicm, its officers, directors, employees, agents, contractors or other suppliers from liabilities, claims and expenses arising from the Customer's publication, use, approval, non-review, delayed review, non-correction or continued use of any Converted Output.
aicm reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification arising out of or caused in whole or in part by the Customer, aicm or any such persons' use of or reliance on the Service or its content by the Customer.
Notwithstanding any other terms of these Conditions, it is agreed that the provision or display of pricing and other information by aicm to the Customer does not amount to an offer by aicm to provide Services at that price or on any other terms. Supply of such information is only an invitation to treat. An order by the Customer for Services shall be the offer.
In the case of orders placed by Electronic Means only, notwithstanding any acceptance by aicm of any offer for any Service, if there has been a material or obvious pricing error by aicm, aicm shall be entitled within 30 days of its acceptance of such offer to either invoice the Customer for the Customer's true list price, not exceeding the prevailing market price, of the Service at the date of order or, if the Customer shall prefer, terminate the relevant Service and credit the Customer for any related charges invoiced by aicm.
The Customer is not allowed for any purpose whatsoever to use aicm's logos and trademarks without aicm's prior written approval from an Authorised Representative.
The Customer agrees that aicm may use Customer data, including any personal data, for the purpose of marketing and sales, and the Customer agrees to aicm's collection, storage and use of such data for this purpose. Personal data will not be shared with third parties without the Customer's consent.
The Customer agrees to receive information, promotions and other communications from aicm by email and other communication tools.
No waiver by aicm of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
The Customer agrees that it shall comply with applicable laws, rules, regulations, ordinances and other similar national and international requirements of the country, state and province in which the Customer is accessing and using the Service and content.
If any provision of these Conditions is held by any authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby.
aicm has the right to withdraw, without notice, any services provided free of charge.
The Contract shall be governed by the laws of England and the Customer submits to the exclusive jurisdiction of the English Courts.