Version 1.0: These terms and conditions were last updated on Thursday, 13 May 2021. They may be updated in the future and we will post the new version here on our website.
These terms and conditions (the “Terms”) apply to the referral scheme (the “Referral Scheme”) operated by SWA Design LLP (“SWA Design”) for Subscribers, allowing them to earn discounts on their SWA Design subscription cost.
For the purposes of these Terms, “Subscribers” are customers of SWA Design who pay full subscriptions for the SWA Design service either monthly or annually directly to SWA Design and who are not on any free trial or otherwise discounted subscription, and excluding always any accountant partners or their clients and any customers accessing SWA Design via an intermediary and/or paying for the SWA Design service to a third party (e.g. a reseller). If you are in doubt as to whether you constitute a ‘Subscriber’ then please contact us. Subscribers shall be either an “Existing Subscriber” being a Subscriber who makes a referral under this Referral Scheme, or a “New Subscriber” being a new customer that is referred to SWA Design by an Existing Subscriber under this Referral Scheme and who legally commits to a subscription to the SWA Design service. To clarify, in order to be a New Subscriber, a party must not be an existing customer of SWA Design (for any product or services), whether directly or indirectly, and ignoring any change in a party’s legal form from time to time (e.g. a sole trader who incorporates as a limited company will be deemed to be the same party for these purposes). Subscribers are deemed to be bound by these Terms: (i) in the case of an Existing Subscriber making a referral, when they provide a Referral Code to a potential New Subscriber; and (ii) in the case of a New Subscriber, when they enter a Referral Code in the SWA Design sign up process.
In order to qualify for discount(s) under the Referral Scheme, an Existing Subscriber must refer a New Subscriber in accordance with these Terms. Existing Subscribers may refer more than one New Subscriber, and once a New Subscriber has legally committed to a subscription to the SWA Design service, they may then in turn become an Existing Subscriber (by referring further New Subscribers). For the avoidance of doubt, the Referral Scheme shall apply to the current SWA Design service. In the event that SWA Design offers any revised, enhanced or different service (a ‘new service’), then it shall be at SWA Design’s option whether or not it extends the Referral Scheme to any new service.
3. Distribution of Referral Codes & URLs
SWA Design may from time to time make available to Existing Subscribers a code (“Referral Code”) and a URL (“Referral URL”). Such Referral Codes shall be unique to each Existing Subscriber. Existing Subscribers may pass the Referral Code and Referral URL to potential New Subscribers. Each Referral Code may be used by more than one New Subscriber. Existing Subscribers shall not distribute any Referral Code or Referral URL: (i) in exchange for any payment or other benefit from a third party; (ii) in any publication for which they have been paid by a third party (e.g. a sponsored blog post); (iii) in any manner which has the aim or effect of damaging the business or reputation of SWA Design or any of its commercial partners; or (iv) on any discount code website, voucher website or any similar service. SWA Design permits Subscribers to share Referral Codes on their owned websites, social media and in relevant forums and communities, and to refer to SWA Design in doing so. Subscribers are not permitted to: (a) undertake any paid advertising to promote their Referral Code; (b) create any website using ‘SWA Design’ or any similar term in the domain to promote their Referral Code; nor (c) purchase any advertising keywords for any internet search engine (e.g. Google Adwords) using ‘SWA Design’ or any similar term. Existing Subscribers agree to provide details to SWA Design on request as to how they have distributed Referral Codes and/or Referral URLs.
4. Using a Referral Code
Potential New Subscribers can enter a Referral Code by accessing the website via the Referral URL, or alternatively in the Billings section after the New Subscriber has completed the standard SWA Design sign up process. Please note once the Referral Code has been entered in the Billings section, the New Subscriber must press ‘apply’ at the bottom of the screen to ensure their discount is applied. The Referral Scheme is only available to New Subscribers at the time of signing up for the SWA Design service and referral discounts will not be applied to any Subscribers retrospectively once a paying subscription has commenced. Where a valid Referral Code is entered and the Terms are complied with, SWA Design will apply the discounts detailed below. Referral Codes are provided by SWA Design in good faith, and Subscribers shall also act in good faith in relation to them. Each Referral Code shall be subject always to SWA Design’s discretionary right to invalidate it without notice (acting reasonably).
When each New Subscriber signs up to the SWA Design service using a valid Referral Code, SWA Design shall apply the following discounts:
a. New Subscribers paying monthly shall be entitled to a ten per cent (10%) discount on their standard monthly subscription charge with effect from their first payment date, provided that they apply the Referral Code before that date. Such a ten per cent (10%) discount shall continue to apply insofar as their referring Existing Subscriber consistently remains an active customer of SWA Design (assessed each month on the New Subscriber’s payment date);
b. New Subscribers paying annually shall be entitled to a ten per cent (10%) discount on their standard annual subscription charge with effect from their first payment date, provided that they apply the Referral Code before that date. Such a ten per cent (10%) discount shall continue to apply insofar as their referring Existing Subscriber consistently remains an active customer of SWA Design (assessed each year on the New Subscriber’s payment date);
c. Existing Subscribers paying monthly shall be entitled to a ten per cent (10%) discount on their standard monthly subscription charge with effect from their next payment date after the relevant referred New Subscriber makes their first payment (whether monthly or annual). Such a ten per cent (10%) discount shall continue to apply insofar as the referred New Subscriber consistently remains an active customer of SWA Design (assessed each month on the Existing Subscriber’s payment date); and
d. Existing Subscribers paying annually shall be entitled to a ten per cent (10%) discount on their standard annual subscription charge with effect their next payment date after the relevant referred New Subscriber makes their first payment (whether monthly or annual). Such a ten per cent (10%) discount shall continue to apply insofar as the referred New Subscriber consistently remains an active customer of SWA Design (assessed each year on the Existing Subscriber’s payment date).
6. Discount Conditions
Where any discount is only effective after a set period (e.g. an Existing Subscriber’s discount is only effective after a New Subscriber has made their first payment), it shall not be applied retrospectively for that period. New Subscribers are only entitled to one discount for using a Referral Code, but may then themselves pass Referral Codes to third parties, and then earn discount(s) acting as an Existing Subscriber. Where a New Subscriber is otherwise entitled to another discount other than under the Referral Scheme (for example, a partner discount, charity discount or a second company discount), only one discount may be used. Nevertheless an Existing Subscriber that benefits from another discount (e.g. a charity discount) may provide Referral Codes to third parties and if they become New Subscribers, then the Existing Subscriber shall receive a discount of ten per cent (10%) on the standard undiscounted cost of their subscription (i.e. 10% of the full cost, ignoring the charity discount). Discounts shall not accrue to any Existing Subscriber nor any New Subscriber whom they refer: (i) in any period where either of them is on a free trial; (ii) once either of them ceases to be an active customer of SWA Design, or otherwise no longer qualifies as a Subscriber or breaches the Terms. If either the Existing Subscriber or New Subscriber no longer has an active SWA Design account the discount will no longer be applied to the remaining active Subscriber. In the case where a remaining active Subscriber is receiving any other discounts from other referral activity, such other discounts will not be affected. No cash or other alternatives shall be offered in place of any discounts.
7. Multiple Referrals
Where an Existing Subscriber (whether paying annually or monthly) successfully refers more than one New Subscriber, the discounts shall apply cumulatively until there is a sufficient number of current referrals earning discounts to make the Existing Subscriber’s subscription free. For the avoidance of doubt, once the Existing Subscriber’s subscription is free, they shall receive no further benefit under the Referral Scheme even if they make further referrals. Existing Subscribers who make over 10 successful referrals may be eligible to join SWA Design’s evangelist scheme and should contact firstname.lastname@example.org, subject “Evangelist Scheme”.
SWA Design provides the Referral Scheme on a temporary basis in good faith and at its sole discretion. Subscribers shall utilise the Referral Scheme in good faith, and acknowledge that insofar as permitted in law, SWA Design shall not have any liability in connection with the Referral Scheme. SWA Design’s decisions as to the validity of any Referral Code and as to any party’s entitlement to any discount under this Referral Scheme shall be final and binding. SWA Design has the right to amend these Terms without notice, and shall post amended Terms on its website. Notwithstanding any provision of these Terms, SWA Design retains the right at any time without reason, at SWA Design’s sole direction, to: (i) amend, withdraw and/or suspend the Referral Scheme (in whole or in part); and/or (ii) exclude any particular Subscriber(s) from the Referral Scheme. Should SWA Design decide to materially amend the Referral Scheme, or to withdraw or suspend it (in whole or in part), SWA Design shall provide Subscribers with at least three (3) months’ notice by email, unless such amendment, withdrawal or suspension is due to breach of these Terms or any other contract SWA Design has with the Subscriber, in which case SWA Design may cease that Subscriber’s rights under the Referral Scheme immediately without notice. SWA Design does not guarantee the availability or continuation of the Referral Scheme for any period. Additionally, where a Subscriber has breached these Terms or any other terms and conditions applying to use of the SWA Design services, SWA Design retains the right to reclaim the value of any discounts granted to such Subscriber.
Referral discounts may be assigned from one Subscriber to another where the change in Subscriber details is required only to reflect a change in the legal form of a Subscriber (e.g. sole trader incorporating a limited company, and therefore changing their SWA Design account type).
10. Relationship of the Parties
Subscribers shall not use the name, branding or trade marks of SWA Design: (i) in any way which suggests any relationship of agency, partnership or any similar affiliation between the Subscriber and SWA Design; (ii) in any other manner which may damage the reputation, goodwill or business of SWA Design; or (iii) for any purpose not expressly permitted by these Terms. For the avoidance of doubt, the foregoing shall not extend to any use for which SWA Design has granted permission (e.g. by providing Subscribers with SWA Design branded email or website banners)
A failure or delay by SWA Design to exercise any right or remedy provided under these Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms or by law shall prevent or restrict the further exercise of that or any other right or remedy. Any waiver of any right or remedy under these Terms is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms. These Terms and any dispute arising from them shall be governed by English law, and SWA Design and Subscribers hereby agree to the exclusive jurisdiction of the England courts.