Acceptance of these terms
These Terms of Service ("Terms") govern access to and use of the Lezly website and any related anti-piracy or digital-rights-protection services (collectively, the "Services") provided by Lezly Limited, a company registered in England and Wales. By accessing the Services, you confirm that you have read, understood and agree to be bound by these Terms.
If you are entering into these Terms on behalf of an organisation, you warrant that you are authorised to bind that organisation. Where an engagement is governed by a separate Master Services Agreement or Statement of Work executed between Lezly and your organisation, that agreement will prevail to the extent of any conflict with these Terms.
How an engagement begins
Engagement begins when both parties countersign a Statement of Work. The Statement of Work will set out the protected catalogue or event window, the service lines engaged, the named partner-in-charge, the fee, and any specific deliverables.
Until such Statement of Work is executed, no protective work is undertaken on your behalf, and no fees are payable. We will, however, gladly hold an unbilled initial conversation to determine whether engagement is the right step.
Scope of the Services
Lezly's services include, depending on the Statement of Work: detection of unauthorised use of protected content; preparation and filing of statutory notices; coordination with platforms, hosts, registrars and intermediaries; investigation and dossier preparation; and the production of evidence packages suitable for civil proceedings.
Lezly does not provide legal advice. While our staff include qualified solicitors and former counsel, instructions from us do not constitute legal advice and are not a substitute for instruction of in-country counsel where proceedings are contemplated.
Fees and payment
Fees are set out in the Statement of Work and are typically structured as a fixed monthly retainer with separately invoiced disbursements. Invoices are payable within thirty (30) calendar days of issue, in pounds sterling, by bank transfer to the account specified on the invoice.
Late payment carries interest at 4% above the Bank of England base rate, calculated daily, in line with the UK Late Payment of Commercial Debts (Interest) Act 1998.
Confidentiality
Each party will treat the other's confidential information as such, will use it only for the purposes of the engagement, and will not disclose it to any third party without prior written consent. This obligation survives termination indefinitely in respect of trade secrets, and for five years in respect of all other confidential information.
Lezly will at no time use the existence of an engagement or any client information as marketing material without your prior, specific, written consent.
Data protection
Lezly is a data controller in respect of personal data processed about you and your representatives, and a data processor in respect of personal data processed on your behalf as part of an engagement. A separate Data Processing Agreement will be executed where required by GDPR or equivalent laws.
Our processing posture is set out in our Privacy Policy.
Warranties and limitations
Lezly warrants that the Services will be performed with reasonable skill and care by appropriately qualified personnel. Save as expressly set out in these Terms or in a Statement of Work, all other warranties, conditions and terms (whether express or implied) are excluded to the maximum extent permitted by law.
Our aggregate liability arising under or in connection with the Services is limited to the fees actually paid by you to Lezly in the twelve months immediately preceding the event giving rise to the claim. Nothing in these Terms limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot be limited by law.
Termination
Either party may terminate an engagement on ninety (90) days' written notice. Either party may terminate immediately if the other commits a material breach of these Terms or the Statement of Work and fails to remedy the breach within thirty (30) days of written notice.
On termination, fees up to the date of termination remain payable; we will return or destroy your data in accordance with the Data Processing Agreement; and obligations of confidentiality, data protection, and limitations of liability will continue.
Governing law and forum
These Terms and any dispute arising under them are governed by the laws of England and Wales. The courts of England have exclusive jurisdiction, save that Lezly may bring proceedings in any jurisdiction where you have assets or operations to protect a legitimate interest.
How to reach us about these Terms
For questions about these Terms, please write to [email protected] or to Lezly Limited, 120 Blackwell Street, London EC2A, United Kingdom.