Terms and Conditions for the Supply of Services
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After registering as a user for the services, you will receive an e-mail from us acknowledging your registration. Please note that this does not mean that a contract has been formed between us. It is not until you have used any of the services on our website that you make an offer to us to purchase those services. All offers are subject to acceptance by us and by allowing you to use the services the contract between us will be formed (
Contract). All Contracts are subject to these terms and conditions.
We reserve the right to terminate the Contract between us at any time at will.
Please note that your Contract with us is in relation to services on our website only. We are not liable for any agreement you enter into with a third party user for services.
PRICE AND PAYMENT
The price of the services will be as quoted on
our website from time to time. When applicable, we reserve the right to add VAT at the current rate. Members will be informed at least a month in advance of any changes to VAT policy.
You will be sent a notification of the preparation of your invoice on the 25
th of each month. This invoice will be available to view, print & download from the site & will detail your use of the services for each calendar month. Payment is due within 30 days of the date of the invoice.
Payment for the services must be by credit or debit card. We accept payment with MasterCard, Visa Credit, UK Visa Electron, MasterCard Debit, UK Visa Debit, UK Maestro, Solo. For Pay As You Go customers, credit cards will incur a £1.50 surcharge, per transaction. Debit cards are free to use and Pay Monthly customers incur no transaction fees whatsoever.
If you fail to pay the full amount due under the invoice you are liable for interest to accrue on the full amount from the due date for payment at the annual rate of 8% above the base lending rate from time to time of HSBC Bank Plc, accruing on a daily basis until payment is made, whether before or after any judgment. We reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998. Additionally, your access to the site and all facilities will be restricted until the invoice is settled, in full.
LIABILITY
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the value of the services you have used. This does not include or limit in any way our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation. We will usually refund any money received from you using the same method originally used by you to pay for the services.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us and even if such losses result from a deliberate breach of these terms by us that would entitle you to terminate the Contract between us, including but not limited to loss of income or revenue, business, profits, contracts, anticipated savings or data.
WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
EVENTS BEYOND OUR CONTROL
We will not be held responsible for any delay or failure to comply with our obligations under a Contract if the delay or failure arises from any cause, which is beyond our reasonable control.
GENERAL
You and us are independent contractors, and no agency, partnership, joint venture, employee/employer or franchisor/franchisee relationship is intended or created by these terms.
Our failure to act with respect to a breach by you does not waive our right to act with respect to subsequent or similar breaches. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our reasonable control. If any provision of the terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the terms remain in full force and effect.
SEVERABILITY
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
VARIATIONS
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our website.
JURISDICTION AND APPLICABLE LAW
These terms and conditions shall be governed in accordance with English law. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to or use of our website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.