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DesignSpark Software Subscription Additional Terms

RS Components Limited is a company registered in England and Wales under company number 1002091, with its registered office at Birchington Road, Weldon, Corby, Northamptonshire NN17 9RS, UK and with VAT number GB 243 1640 91 (“RS”). RS operates the following website: https://www.rs-online.com/designspark (the “Website”).

Under these terms, when we refer to “we”, “us” or “our” (or similar), we mean RS; and when we refer to “you” or “your” (or similar) we mean you as a “Consumer” if you are acting for purposes that are wholly or mainly outside your trade, business, craft or profession or you as a “Business User” if you are acting for purposes relating to your trade, business, craft or profession.

1. Use of third-party service and software providers

1.1 RS uses an appointed third-party service provider called FastSpring (“FastSpring”) to facilitate orders of the software products available on the Website (“Products”). FastSpring’s terms and conditions (available here) and privacy policy (available here) will apply to orders on the Website and should be read before proceeding with any order. Please note that we are not and cannot control or be responsible for the content or privacy and confidentiality practices of FastSpring.

1.2 To the maximum extent permitted by applicable law, RS makes no representations, warranties or guarantees (whether express or implied) in relation to, and is not liable for, any act or failure to act by FastSpring and the functioning of the applicable Product, and liability between you and FastSpring is as set out in FastSpring’s terms and conditions. If there is an inconsistency between the liability provisions of these Additional Terms and FastSpring’s terms and conditions, the liability provisions of these Additional Terms shall prevail.

1.3 Your use of the Product is also subject to the terms and conditions of the end user license (the “EULA”) which you will be required to enter into with the relevant software provider (the “Software Provider”). Please refer to the EULAs for each Product for information on our Software Providers.

1.4 To the maximum extent permitted by applicable law, RS makes no representations, warranties or guarantees (whether express or implied) in relation to, and is not liable for, any act or failure to act by a Software Provider and the functioning of the applicable Product, and liability between you and the Service Provider is as set out in the applicable EULA. If there is an inconsistency between the liability provisions of these Additional Terms and the applicable EULA, the liability provisions of these Additional Terms shall prevail.

2. Scope of these terms

2.1 In addition to FastSpring terms and conditions and the applicable EULA, these terms (“Additional Terms”) apply between RS and you when purchasing a non exclusive, revocable, non transferable licence to use the Products. These Additional Terms will become binding on you when you submit an order for Products via the Website.

2.2 Please note that the Website uses cookies, the use of which are governed by RS cookie policy (available here), and we only use your personal information in accordance with RS privacy policy (available here).

3. Changes to the Products

3.1 We reserve the right, for any reason and at our discretion, to withdraw or replace one or more of the Products, or any part thereof, by providing you with at least three (3) months’ prior written notice. Where a Product is being replaced, we will make reasonable efforts to ensure that the specifications of the replacement do not materially differ from those of the original Product.

3.2 If we discontinue any Product or any part of it, you may be eligible for a refund provided that all of the following conditions are met:

  1. you have an active subscription at the time of withdrawal, and
  2. you have used or activated the withdrawn Product or its relevant part during your subscription period, and
  3. you submit a support ticket requesting the refund.

3.3 Refunds will be calculated proportionally based on the remaining duration of your subscription.

3.4 We reserve the right to modify the specifications of our Products at any time. However, we will make reasonable efforts to ensure that such changes do not negatively impact the overall quality or functionality of the Product.

4. Liability

4.1 Nothing in these Additional Terms excludes or limits our liability for:

  1. death or personal injury caused by our negligence;
  2. fraud or fraudulent misrepresentation; or
  3. any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

4.2 If you are a Consumer:

  1. If we fail to comply with these Additional Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Additional Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable.
  2. Our total liability to you for any loss or damage arising out of or in connection with these Additional Terms in respect of any particular order will be limited to the value of that order, whether in contract (including under any indemnity), tort (including negligence).
  3. You agree not to use the Website, or place any orders for Products via Website, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  4. Nothing in these Additional Terms affects your statutory rights.

4.3 If you are a Business User:

  1. In no event will we be liable to you for any loss of profits, loss of revenue, loss of contracts, failure to realise anticipated savings or for any indirect or consequential loss, whether arising from negligence, breach of contract or otherwise.
  2. Our total liability to you for any loss or damage arising out of or in connection with these Additional Terms in respect of any particular order will be limited to the value of that order, whether in contract (including under any indemnity), tort (including negligence).
  3. You will indemnify and hold us harmless against any losses, costs, liabilities and expenses suffered or incurred by us and/or our affiliates as a result of any breach of these Additional Terms.

5. Governing law and jurisdiction

5.1 These Additional Terms are governed by English law. This means that any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by English law.

5.2 If you are a Business User, you and we irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Additional Terms or its subject matter or formation.

5.3 If you are a Consumer and we direct the Website to your country of residence:

  1. You may bring any dispute which may arise under these Additional Terms to, at your discretion, either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is within the United Kingdom, which courts are (with the exclusion of any other court) competent to settle any such a dispute.
  2. We will bring any dispute which may arise under these Additional Terms to the competent court of your country of habitual residence if this is within the United Kingdom or otherwise the competent court of England.
  3. You will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Additional Terms affects your rights as a Consumer to rely on such mandatory provisions of local law.

6. Other important information

6.1 Each of the clauses of these Additional Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

6.2 If we fail to insist that you perform any of your obligations under these Additional Terms, 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 and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

6.3 If you are a Business User, then these Additional Terms constitute the entire agreement between the parties and supersedes and extinguishes all agreements, arrangements, promises, undertakings, proposals, warranties, representations and understandings between them at any time before their respective signature (“Pre-Contractual Statements”), whether written or oral, relating to its subject matter. Each party acknowledges that in entering into these Additional Terms it does not rely on any Pre-Contractual Statement made by or on behalf of the other party (whether made innocently or negligently) in relation to the subject matter of these Additional Terms, other than those which are set out expressly in these Additional Terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on, and hereby waives all rights and remedies which might otherwise be available to it in relation to, any Pre-Contractual Statement.  Nothing in this clause shall limit or exclude the liability of either party arising out of any pre-contractual fraudulent misrepresentation or fraudulent concealment.

7. Contacting us

Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us by using the following details:

Terms last updated May 2025.

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