There are four versions of the Attain Guide Logo available for schools – one design is portrait aspect and one is landscape, with versions in colour and in white outline. Any version of the logo may be used, subject to the Terms and Conditions below.
The logo must link to your school's page on this website. If you have any questions regarding the logo, please do not hesitate to contact us: email@example.com
Attain Guide Logo Terms and Conditions
The downloading, and all usage, of the Attain Guide Logo ('AGL') is governed by our Terms and Conditions. Please read these carefully. If you do not agree with these Terms, you must not download or use the AGL.
IMPORTANT: ONLY SCHOOLS WITH AN ENTRY IN THE ATTAIN GUIDE MAY ENTER INTO THIS AGREEMENT AND USE THE ATTAIN GUIDE LOGO.
I have read and agree to the terms below:
The following terms and conditions form the basis of the agreement between us ('Attain') and you (the 'School').
The Attain Guide Logo ('AGL') is owned by Chapel Studios Ltd ('Attain'), a company incorporated and registered in England and Wales with company number 4350755 and whose principal place of business is Oxford Centre for Innovation, New Road, Oxford, OX1 1BY.
Capitalised terms used in these Terms and Conditions are defined in clause 15.
'Attain' and the Attain logo are registered trademarks of Chapel Studios Ltd. All other trademarks are property of their respective owners.
- Rights and permission
The AGL is subject to copyright and is owned by Attain. It may not be reproduced, copied or distributed by any means and in any form without the prior written permission of Attain.
Attain grants you a limited, non-exclusive, non-transferable licence to access, download and use the AGL subject to the terms of this agreement. All other use is strictly prohibited.
This agreement does not grant the School any Intellectual Property Rights in respect of any Attain trademarks or logos.
Furthermore, you agree that any perceived or actual goodwill or benefit accrued by the School as a result of using the AGL shall at all times belong to Attain.
You agree that you will not attempt to use the AGL in any application for a trademark or attempt to claim any rights, registered or unregistered, as part of any design or artwork incorporating the AGL.
Any usage of the AGL outside of the terms of this agreement constitutes an infringement of the Intellectual Property Rights of Attain.
- Attain's obligations
Attain does not warrant that your use of the AGL will be uninterrupted or error-free; and any costs incurred in using the AGL are the sole responsibility of the School.
Attain reserves the right to withdraw any use of the AGL at any point, and without notice or any obligation to any School, at its sole discretion.
- Your obligations
You warrant and represents to Attain that at all times when using the AGL you will comply with all applicable laws and regulations.
When using the AGL, you agree that you will ensure:
(a) the AGL is only displayed on the website belonging to the School;
(b) the AGL will not be altered in any way to change its visual proportions, colours, shape or style;
(c) the AGL will be displayed with clear space above, below, to the left and to the right and this clear space will be at least 0.5x wide, where x is the width of the AGL;
(d) the AGL will include a hypertext link to the School's entry on the Attain Guide website;
(e) the AGL must always be used in a manner acceptable to Attain.
Furthermore, you will not attempt to sublicense, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the AGL.
You agree to defend, indemnify and hold harmless Attain, its Affiliates and any Associated Persons against claims, actions, proceedings, losses, damages, expenses and costs (including court costs and reasonable legal fees) and liabilities arising out of or in connection with your use of the AGL, and your obligations under these terms.
- Limitation of Liability
Except as expressly and specifically provided in this Agreement, all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this Agreement; and the AGL is provided to the School on an 'as is' and 'as available' basis.
Attain shall not be liable whether in contract, tort (including negligence) breach of statutory duty or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss (in each case whether direct or indirect), nor for any indirect or consequential loss or damages however arising as a result of using the AGL, any associated Services or in connection with this Agreement;
Attain's total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall in respect of events occurring in any Contract Year be limited to the total of any Fees paid or payable by the School during such Contract Year.
Nothing in this Agreement excludes the liability of either Party for death or personal injury caused by a Party's negligence; or for fraud or fraudulent misrepresentation; or to the extent that such liability may not be excluded as a matter of applicable law.
- Term and Termination
This Agreement shall, unless otherwise terminated as provided in this clause 6, commence on the Effective Date and shall continue indefinitely, unless:
(a) either Party notifies the other Party of termination, in writing, with 30 days prior notice; or
(b) it is otherwise terminated in accordance with the provisions of this Agreement.
Without affecting any other right or remedy available to it, either Party may terminate this Agreement with immediate effect by giving written notice to the other Party if:
(a) the other Party commits a material breach of any other term of this Agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so;
(b) the other Party becomes insolvent.
On termination of this Agreement for any reason:
(a) you will immediately remove the AGL from the School website, destroy all copies of the AGL and no longer use it for any purpose;
(b) any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination shall not be affected or prejudiced; and;
(c) all surviving clauses shall continue in full force and effect.
Clause, schedule and paragraph headings shall not affect the interpretation of this Agreement. A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors or permitted assigns. References to clauses and schedules are to the clauses and schedules of this Agreement. The words 'include' and 'including' are deemed to be followed by the words 'without limitation'.
- Force majeure
Attain shall have no liability to the School under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement, by acts, events, omissions or accidents beyond its reasonable control, including strikes, lock-outs or other industrial disputes (whether involving the workforce of Attain or any other Party), failure of a utility service or transport or telecommunications network, war, riot, civil commotion, pandemic or other public health emergency, malicious damage, hacking, denial-of-service attacks, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors, provided that you are notified of such an event and its expected duration.
- Variation and waiver
Attain may make changes to this Agreement, and reserves the right to alter the AGL, at any time. You warrant that you will ensure that the latest version of the AGL is always used by the School and update all references within 30 days, if requested.
Your continued use of the AGL constitutes your acceptance of any changes. Otherwise, no variation of this Agreement shall be effective unless it is in writing and signed by the Parties (or their authorised representatives). No failure or delay by a Party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
- Rights and remedies
Except as expressly provided in this Agreement, the rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law. If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Parties.
- Entire Agreement
This Agreement, and any documents referred to in it, constitute the whole Agreement between the Parties and supersede any previous arrangement, understanding or Agreement between them relating to the subject matter they cover. Each of the Parties acknowledges and agrees that in entering into this Agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this Agreement or not) relating to the subject matter of this Agreement, other than as expressly set out in this Agreement.
The School shall not, without the prior written consent of Attain, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement. Attain may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.
- Third party rights
This Agreement does not confer any rights on any person or party (other than the Parties and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
- Governing law and jurisdiction
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. Each Party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
The following definitions and rules of interpretation in this clause apply in this Agreement:
AGL: the Attain Guide Logo, a design of linking graphic produced by Attain to be used by Schools when linking via a hyperlink from their website to the Attain Guide website (https://attain.guide).
Attain: a trading name of Chapel Studios Ltd, a company incorporated and registered in England and Wales with company number 4350755.
Affiliate: means in relation to either Party, each and any subsidiary or holding company of that Party and each and any subsidiary of a holding company of that Party with the terms 'subsidiary' and 'hold company' being given their meaning as set out in section 1159 of the Companies Act 2006.
Agreement: means these Terms and Conditions together with any other document expressly incorporated by reference.
Associated Person: means the officers, directors, employees, agents, subsidiaries, representatives, subcontractors of Attain and its Affiliates.
Intellectual Property Rights: mean patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Party: means the School or Attain (as applicable) and 'Parties' means both of them.
Services: means any advertising or marketing products offered by Attain to Schools, subject to a separate Agreement.
Terms and Conditions: means the terms and conditions set out in clauses 1 to 15.
User: means any person who is subject to these terms and conditions.