Terms and Conditions for the Skin Analysis System Subscription Service
1. About us
1.1 Company details. Fernro Publishing Limited (company number 08360514) (we and us) is a company registered in England and Wales and our registered office is at 7a Robin Hood Lane, Sutton, Surrey, SM1 2RN. We operate the website www.skinscienceauthority.com.
1.2 Contacting us. To contact us e-mail our customer service team at email@example.com. How to give us formal notice of any matter under the Contract is set out in clause 17.2.
2. Our contract with you
2.1 Our contract. These terms and conditions (Terms) apply to the Skin Analysis System subscription service available to you via our website https://www.skinscienceauthority.com (the “Service”), which is made available on a subscription fee basis. You wish to use our Service in your business operations, and we have agreed to provide, and you have agreed to take and pay for our Service subject to these Terms (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.2 Entire agreement. This Contract is the entire agreement between you and us in relation to the Service. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in this Contract.
3. User Subscriptions
3.1 Purchasing your subscription. Please follow the onscreen prompts to purchase your User Subscription(s). Your Initial Subscription Term (as defined in clause 4.1) and the Subscription Fee will be as specified in the purchase process. You may only purchase your User Subscription(s) using the method set out on the site. Your purchase of the User Subscription is subject to these Terms.
3.2 Correcting input errors. Our purchase process allows you to check and amend any errors before completing your purchase with us. Please check the order carefully before confirming it. You are responsible for ensuring that your order submitted by you is complete and accurate.
3.3 Acknowledging receipt of your order. After you place your order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.4.
3.4 Accepting your order. Our acceptance of your order takes place when we send an email to you to accept it (Order Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence. The Contract will relate only to those Services confirmed in the Order Confirmation.
3.5 If we cannot accept your order. If we are unable to supply you with the User Subscription for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the User Subscription, we will refund you the full amount.
3.6 Right and Licence. Subject to you purchasing your User Subscription in accordance with clause 3.1, the restrictions set out in this clause 3 and the other Terms of this Contract, we hereby grant to you a non-exclusive, non-transferable right, without the right to grant sublicences, to permit you and any Authorised Users (being those employees, agents and independent contractors of yours who are authorised by you to use the Service), to use the Service during the Subscription Term solely for your internal business operations.
3.7 In relation to the Authorised Users, you undertake that:
(a) the number of Authorised Users that you authorise to access and use the Services, at any given time, shall not exceed the number of User Subscriptions you have purchased from time to time. For the avoidance of doubt, if you have purchased two User Subscriptions then only two of your Authorised Users may use the Services at any one time; and
(b) you will not allow or suffer any User Subscription to be used by more than one individual Authorised User unless it has been reassigned in its entirety to another individual Authorised User, in which case the prior Authorised User shall no longer have any right to access or use the Services.
3.8 You shall not access, store, distribute or transmit any viruses, or any material during the course of your use of the Service that:
(a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
(b) facilitates illegal activity;
(c) depicts sexually explicit images;
(d) promotes unlawful violence;
(e) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
(f) is otherwise illegal or causes damage or injury to any person or property;
and we reserve the right, without liability or prejudice to our other rights to you, to terminate your Contract with immediate effect.
3.9 You shall not:
(a) except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under these Terms, including clause 3.10 below:
(i) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software or content on the site in any form or media or by any means; or
(ii) attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or
(b) access all or any part of the Service in order to build a product or service which competes with the Service; or
(c) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Service available to any third party except the Authorised Users, or
(d) attempt to obtain, or assist third parties in obtaining, access to the Service, other than as provided under this clause 3; or
(e) introduce or permit the introduction of, any virus into our network and information systems.
3.10 Subject to clause 3.6, you shall be permitted to download and copy content on the site where it is expressly stated as permissible; namely within the Library and/or the Customer Record Card areas.
3.11 You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Service and, in the event of any such unauthorised access or use, promptly notify us.
3.12 The rights provided under this clause 3 are granted to you only, and shall not be considered granted to any subsidiary or holding company of yours.
4.1 This agreement shall, unless otherwise terminated as provided in clause 15, commence on the Commencement Date and shall continue for the amount of time as selected on the site when purchasing the Services and as confirmed in the Order Confirmation (the Initial Subscription Term) and, thereafter, this agreement shall be automatically renewed for successive periods of 12 months (each a Renewal Period), unless:
(a) either party notifies the other party of termination, in writing, at least 60 days before the end of the Initial Subscription Term or any Renewal Period, in which case this agreement shall terminate upon the expiry of the applicable Initial Subscription Term or Renewal Period; or
(b) otherwise terminated in accordance with the provisions of this agreement;
and the Initial Subscription Term together with any subsequent Renewal Periods shall constitute the Subscription Term.
5. Additional user subscriptions
5.1 Subject to clause 5.2 and clause 5.3, you may, from time to time during any Subscription Term, purchase additional User Subscriptions and we shall grant access to the Service to such additional Authorised Users in accordance with the provisions of these Terms.
5.2 If you wish to purchase additional User Subscriptions, you shall notify us in writing. We shall evaluate such request for additional User Subscriptions and respond to you with approval or rejection of the request. Where we approve the request, we shall activate the additional User Subscriptions within 7 days of our approval of your request.
5.3 If we approve your request to purchase additional User Subscriptions, you shall, within 30 days of the date of our invoice, pay to us the relevant fees for such additional User Subscriptions as set out on the site, and if such additional User Subscriptions are purchased by you part way through the Initial Subscription Term or any Renewal Period (as applicable), such fees shall be pro-rated from the date of activation by us for the remainder of the Initial Subscription Term or then current Renewal Period (as applicable).
5.4 In the event that the number of additional User Subscriptions results in the total amount of User Subscriptions reaching a lower price bracket of User Subscriptions, then the new additional User Subscriptions will commence with the lower rate, but the existing User Subscriptions will continue at their original price until the Subscription Term is due for renewal, at which time the existing User Subscriptions will benefit from the reduced Subscription Fee from the renewal date onwards.
6. Our Services
6.1 Descriptions and illustrations. Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.
6.2 Compliance with specification. We will supply the Service to you in accordance with the specification for the Service appearing on our website at the date of your order in all material respects.
6.3 Changes to specification. We reserve the right to amend the specification of the Service if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Service, and we will notify you in advance of any such amendment.
6.4 Reasonable care and skill. We warrant to you that the Service will be provided using reasonable care and skill.
6.5 Time for performance. We will use all reasonable endeavours to meet any performance dates specified, but any such dates are estimates only and failure to perform the Service by such dates will not give you the right to terminate the Contract.
6.6 Service Availability. We shall use commercially reasonable endeavours to make the Service available 24 hours a day, seven days a week, except for unscheduled maintenance performed outside normal business hours (being 9.00am to 5.00pm Monday to Saturday and excluding any UK bank holidays), provided that we have used reasonable endeavours to give you at least 6 normal business hours’ notice in advance.
6.7 No Warranty. We do not warrant that:
(i) your use of the Service will be uninterrupted or error-free; or
(ii) that the Service and/or the information obtained by you through the Service will meet your requirements.
6.8 Information Only. The information provided within the Service is for information purposes only. If you need medical advice on your client’s conditions, then you should consult a doctor or other appropriate medical professional. Your clients should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information provided within the Service. No warranties are given in relation to the medical information supplied on the site, and no liability will accrue to us in the event that one of your clients suffers a loss as a result of reliance upon the information you obtain from our site. Reliance on any of the information provided within the Service is solely at your own risk.
6.9 Delays. We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Service may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.10 These Terms shall not prevent us from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under these Terms.
6.11 We warrant that we have and will maintain all necessary licences, consents, and permissions necessary for the performance of our obligations under these Terms.
7. Customer Data
7.1 By using the Service you will be inputting data about your business, your staff and your clients for the purpose of using the Service. This is known as Customer Data.
7.2 You shall own all right, title and interest in and to all of the Customer Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of all such Customer Data.
7.4 Both parties will comply with all applicable requirements of the Data Protection Legislation. This being the legislation in the UK and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications).
7.5 This clause 7 is in addition to, and does not relieve, remove or replace, a party's obligations or rights under the Data Protection Legislation.
7.6 The parties acknowledge that:
(a) if we process any personal data on your behalf when performing our obligations under these Terms, you are the controller and we are the processor for the purposes of the Data Protection Legislation.
(b) the personal data may be transferred or stored outside the EEA or the country where you and the Authorised Users are located in order to carry out the Services and our other obligations under this agreement.
7.7 Without prejudice to the generality of clause 7.4, you will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of the personal data to us for the duration and purposes of this agreement so that we may lawfully use, process and transfer the personal data in accordance with these Terms on your behalf.
7.8 Without prejudice to the generality of clause 7.4, we shall, in relation to any personal data processed in connection with the performance by us of our obligations under these Terms:
(a) process that personal data only on your documented written instructions unless we are required by the laws of any member of the European Union or by the laws of the European Union applicable to us and/or Domestic UK Law (where Domestic UK Law means the UK Data Protection Legislation and any other law that applies in the UK) to process personal data (Applicable Laws). Where we are relying on Applicable Laws as the basis for processing personal data, we shall promptly notify you of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit us from so notifying you;
(b) not transfer any personal data outside of the European Economic Area and the United Kingdom unless the following conditions are fulfilled:
(i) you or us have provided appropriate safeguards in relation to the transfer;
(ii) the data subject has enforceable rights and effective legal remedies;
(iii) we comply with our obligations under the Data Protection Legislation by providing an adequate level of protection to any personal data that is transferred; and
(iv) we comply with reasonable instructions notified to us in advance by you with respect to the processing of the personal data;
(c) assist you, at your cost, in responding to any request from a data subject and in ensuring compliance with our obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
(d) notify you without undue delay on becoming aware of a personal data breach;
(e) at your written direction, delete or return personal data and copies thereof to you on termination of these Terms unless required by Applicable Law to store the personal data (and for these purposes the term "delete" shall mean to put such data beyond use); and
(f) maintain complete and accurate records and information to demonstrate our compliance with this clause 7 and immediately inform you if, in our opinion, an instruction infringes the Data Protection Legislation.
7.9 Each party shall ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the other party, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting personal data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to personal data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it).
7.10 For the avoidance of doubt, we shall encrypt all Customer Data that you submit to the site and all photographs shall be anonymised.
8. Third party providers
9. Your obligations
(a) ensure that the details in your order are complete and accurate;
(b) provide us with:
(i) all necessary co-operation in relation to these Terms; and
(ii) all necessary access to such information as may be required by us;
in order to provide the Service, including but not limited to Customer Data, security access information and configuration services;
(c) without affecting our other obligations under these Terms, comply with all applicable laws and regulations with respect to its activities under these Terms;
(d) carry out all other responsibilities set out in these Terms in a timely and efficient manner;
(e) ensure that the Authorised Users use the Service in accordance with these Terms and shall be responsible for any Authorised User's breach of these Terms;
(f) obtain and shall maintain all necessary licences, consents, and permissions necessary for us, our contractors and agents to perform their obligations under these Terms, including without limitation the Service;
(g) ensure that your network and systems comply with the relevant specifications provided by us from time to time; and
(h) be, to the extent permitted by law and except as otherwise expressly provided in this agreement, solely responsible for procuring, maintaining and securing its network connections and telecommunications links from its systems to our data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
10. Charges and payment
10.1 In consideration of us providing the Service you must pay our annual subscription charges (the Subscription Fee) in accordance with this clause 10.
10.2 The Subscription Fee is the price quoted on our site at the time you submit your order, and as confirmed in our Order Confirmation.
10.3 If you wish to change the scope of the Service after we accept your order, and we agree to such change, we will modify the Subscription Fee accordingly.
10.4 We reserve the right to increase the Subscription Fee on an annual basis with effect from each anniversary of the Commencement Date.
10.5 Our Subscription Fee is exclusive of VAT. Where VAT is payable in respect of some or all of the Service you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Subscription Fee.
10.6 Payment for the Service is in advance. We will either (i) take payment for the whole Subscription Fee(s) in one instalment upon acceptance of your order; or (ii) we shall accept the first monthly instalment upon acceptance of your order and will take subsequent payments monthly in advance. This depends on which payment option you have selected when the order is placed on our site.
10.7 You can pay for the Service using a debit card or credit card; or by direct debit. Your designated bank account will be charged automatically each month.
10.8 We will send you an electronic invoice within seven days of the beginning of the month following payment.
10.9 If you fail to make a payment under the Contract by the due date, then, without limiting our remedies under clause 15 (Termination), you will have to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 10.9 will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
10.10 We shall each pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
11. Proprietary rights
11.1 You acknowledge and agree that we and/or our licensors own all intellectual property rights in the Service and the content on the site. Except as expressly stated herein and at clause 3.6, these Terms do not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Service.
11.2 We confirm that we have all the rights in relation to the Service that are necessary to grant all the rights we purport to grant under, and in accordance with, these Terms.
12. How we may use your personal information
12.1 We will use any personal information you provide to us to:
(a) provide the Service;
(b) process your payment for the Service; and
(c) inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
13. Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
13.1 We have obtained insurance cover in respect of our own legal liability for individual claims not exceeding £1 per claim. The limits and exclusions in this clause reflect the insurance cover we have been able to arrange, and you are responsible for making your own arrangements for the insurance of any excess loss.
13.2 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
13.3 Subject to clause 13.2, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill; and
(g) any indirect or consequential loss.
13.4 Subject to clause 13.2, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to 100% of the total Charges paid under the Contract.
13.5 Nothing in these Terms limits or affects the exclusions and limitations set out in our Website Terms found at https://www.skinscienceauthority.com/terms.
13.6 This clause 13 will survive termination of the Contract.
14.1 We each undertake that we will not at any time during the Contract, and for a period of five years after termination of the Contract, disclose to any person any confidential information concerning one another's business, affairs, customers, clients or suppliers, except as permitted by clause 14.2.
14.2 We each may disclose the other's confidential information:
(a) to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 14; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
14.3 Each of us may only use the other's confidential information for the purpose of fulfilling our respective obligations under this Contract.
15.1 Without limiting any of our other rights, we may suspend the performance of the Service, or terminate the Contract with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within seven days of you being notified in writing to do so;
(b) you fail to pay any amount due under the Contract on the due date for payment;
(c) you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business;
(d) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
(e) your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
15.2 On termination of this Contract for any reason:
(a) all licences granted under this agreement shall immediately terminate and you shall immediately cease all use of the Service;
(b) we may destroy or otherwise dispose of any of the Customer Data in our possession in accordance with clause 7.8(e), unless we receive, no later than ten days after the effective date of the termination of this agreement, a written request for the delivery to you of the then most recent back-up of the Customer Data. We shall use reasonable commercial endeavours to deliver the back-up to you within 30 days of its receipt of such a written request, provided that you have, at that time, paid all fees and charges outstanding at and resulting from termination (whether or not due at the date of termination). You shall pay all reasonable expenses incurred by us in returning or disposing of Customer Data; and
(c) 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.
15.3 Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
15.4 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
16. Events outside our control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
16.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
16.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Services up to the date of the occurrence of the Event Outside Our Control.
17. Communications between us
17.1 When we refer to "in writing" in these Terms, this includes email.
17.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
17.3 A notice or other communication is deemed to have been received:
(a) if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
(b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
(c) if sent by email, at 9.00 am the next working day after transmission.
17.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
17.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
18.1 Assignment and transfer.
(a) We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you by posting on this webpage if this happens.
(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
18.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
18.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
18.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
18.6 Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.
19.0 Subscription Fees
Customer shall pay for all subscription fees, and hereby authorizes Fernro Publishing Ltd to debit client’s bank account or charge client’s credit card. Customer agrees that all subscriptions are recurring and that they and will renew automatically.
Fernro Publishing Ltd charges and collects in advance for use of Skin Analysis System. All services rendered are non-refundable. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the client is responsible for payments of all such taxes, levies, or duties.
Any currency exchange settlements are based on the client's agreement with the payment method provider. To be clear: these charges are the client's responsibility.
All our subscriptions offer a 14-day free trial to evaluate our software and its compatibility with their specific environment. It is your responsibility to evaluate your Skin Analysis System purchase, including its features, limitations, and system requirements before subscribing to any Subscription Plan.
You can cancel any time within the trial period. If you cancel after your trial ends, you’ll still have access to your Skin Analysis System until the end of the billing cycle, but you will not get charged again.
After 14 days, the chosen Subscription Plan Service is billed in advance on a monthly or annual basis and is non-refundable; no refunds will be issued. Fernro Publishing Ltd does not offer prorated refunds for cancelled subscription plans.
Important: No refunds or credits for partial months or years of service will be refunded to a customer upon cancellation. You are responsible for paying for the entire subscription. If you decide to cancel before the term of your subscription is up, then you will still be billed for the remaining billing cycle on your subscription, and will still have access to its benefits until it expires.
All subscriptions are recurring and will automatically renew after the end of each paid subscription period. Client must cancel their subscription before renewal if they do not wish to be charged.