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TERMS AND CONDITIONS OF SALE – SERVICES
BACKGROUND
These Terms and Conditions explain the basis under which the Service Provider will provide the Services to the Client for the price described.
The Client should read these Terms and Conditions carefully to make sure that they understand what is agreed.
1 DEFINITIONS
In these Terms and Conditions, the following words and phrases have the following meanings:
‘Client’ | the person or company buying the Services.
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‘Confirmation of Acceptance’ | the Service Provider’s confirmation that the Client’s order has been accepted and a binding agreement has been formed for the supply of the Services.
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‘Parties’ | the Client and the Service Provider
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‘Party’ | either one of the Client or the Service Provider
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‘Service Provider’ | the person or company selling the Services; contact details at the end of these Terms and Conditions
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‘Services’ | the services that the Client is purchasing.
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‘Terms and Conditions’ | this document detailing the rights and responsibilities of the Parties |
2.1 The Service Provider is under a legal duty to supply the Services using reasonable care and skill.
2.2 The Services will be performed so far as reasonably practicable, at such time or times as the Service Provider shall decide. Any times, dates or periods given by the Service Provider for provision of the Services are estimates only. The Service Provider will make reasonable efforts to comply with any such time estimates and will perform the Services within a reasonable time. However, time is not of the essence in respect of the Service Provider’s performance of the Services.
3 ORDERING
3.1 By ordering Services from the Service Provider, the Client makes an offer to buy the Services for the price given by the Service Provider. There is no binding contract between the Parties at the time when the order is made.
3.2 The Service Provider will contact the Client by email or text message to confirm the order. This Confirmation of Acceptance is the Service Provider’s acceptance of the order made by the Client. When the Confirmation of Acceptance is received, there will be a binding contract between the Parties in accordance with these Terms and Conditions. The binding contract will only be for the Services that are included in the Confirmation of Acceptance.
4 PRICE AND PAYMENT
4.1 To make a booking the Client must pay a non-transferable booking fee of 50% per person via bank transfer. This booking fee is refundable up to 14 days of the event.
4.2 Without prejudice to any other legal right or remedy:
4.2.1 if any agreed payment is not received by the Service Provider by the due date, they can charge interest on the outstanding sum or sums. Interest will be charged at 2% per annum above the Bank of England base rate, accruing daily from the due date until payment is made.
4.2.2 if the amounts not paid to the Service Provider when due total 10% or more of the total value of the Services, the Service Provider is entitled to suspend the performance of any remaining Services until the outstanding payments are made; and
4.2.3 the Client will not refuse to pay any amount which is owed to the Service Provider where there is only a minor or inconsequential defect or error in the performance of the Services.
5 CLIENT’S RESPONSIBILITIES
5.1 The Client shall co-operate fully with the Service Provider in the performance of the Services. Co-operation shall include, but is not limited to:
5.1.1 responding promptly and properly to any correspondence, request, query or communication from or on behalf of the Service Provider.
5.1.2 promptly providing any information, documentation, instruction, support or other assistance as the Service Provider reasonably requires.
5.1.3 paying any and all sums due on time.
5.2 If the Client does not comply fully and properly with their responsibilities under this clause, the Service Provider may, without prejudice to their legal rights:
5.2.1 charge the Client for any costs or expenses thereby reasonably incurred; or
5.2.2 suspend the provision of the Services until such time as the Client complies, so far as reasonably practicable, with their responsibilities under these Terms and Conditions.
6 RIGHT TO CANCEL
6.2 The cancellation period will expire after 14 days from the day that the contract for Services is agreed.
6.3 To exercise the right to cancel, the Client must inform the Service Provider, using the contact details provided below, of the decision to cancel by a clear statement (eg a letter or email).
6.4 To meet the cancellation deadline, it is enough for the Client to send a notice under this clause before the cancellation period has expired.
7 EFFECTS OF CANCELLATION
7.1 If the Client cancels under these Terms and Conditions, the Service Provider will reimburse any payments received from the Client.
7.2 The Service Provider will make the reimbursement without undue delay, and not later than 14 days after the day on which the Service Provider is informed about the Client’s decision to cancel.
7.3 The Service Provider will make the reimbursement using the same means of payment as the Client used for the initial transaction, unless the Client has expressly agreed otherwise; in any event, the Client will not incur any fees as a result of the reimbursement.
7.4 If the Client asked for the Services to start during the cancellation period, the Client must pay the Service Provider an amount which is in proportion to what has been performed until the Client communicated to the Service Provider the cancellation of the contract, in comparison with the full coverage of the contract.
8 CLIENT’S RIGHTS
8.1 If the Service Provider fails to carry out the Services with reasonable care and skill or within a reasonable time, the Client has the right to request the Service Provider re-performs the relevant part of the Services. Any such request can only be made by the Client if it is still possible for the Service Provider to supply the Services to the required standard.
8.2 Where a price reduction is due under this clause, any refund due to the Client shall be paid within 14 days of the Service Provider agreeing that the Client is entitled to one. Any refund will be made by the same means of payment that the Client used, unless expressly agreed otherwise between the Parties. The Service Provider will not charge any fee for any such refund.
9 LIABILITY AND INDEMNITY
9.1 Nothing in these Terms and Conditions seeks to limit the liability of the Service Provider for fraudulent acts or omissions, death or personal injury caused in connection with the provision of the Services, whether arising in contract, negligence, tort, breach of statutory duty or otherwise.
9.2 Neither Party shall be liable to the other whether in contract, negligence, tort, breach of statutory duty or otherwise for any loss or damage sustained by the other Party indirectly or consequentially and including but not limited to economic loss or loss of profits, goodwill or business in general.
9.3 Subject to the rest of this clause, the Service Provider’s total liability to the Client will not, in any circumstances, exceed the total amount of the price payable by the Client.
9.4 In the event that the Client or their servants or agents breach these Terms and Conditions, or are negligent in their actions, the Client will, to the fullest extent permitted by law, indemnify the Service Provider against any liability, loss, claim, damage, expense suffered by the Service Provider as a result.
10 CONFIDENTIALITY
10.1 The Parties will use their best endeavours to keep confidential any confidential information relating to the other Party that is provided or otherwise accessed in the performance of the Services. Neither Party shall disclose any confidential information without the consent of the other Party, except to comply with an order of a court of competent jurisdiction or if required in connection with legal proceedings relating to these Terms and Conditions.
10.2 The Parties’ obligations under this clause shall continue after the termination or completion of the Services unless or until the information concerned becomes public knowledge or is otherwise in the public domain through no fault of the Party bound to keep it confidential under this clause.
11.1 These Terms and Conditions can only be amended by the agreement of the Parties in writing with signatures on behalf of both.
11.2 The Service Provider is permitted to assign or transfer any rights or obligations under these Terms and Conditions or subcontract the same for performance to a third party. The Client is not permitted to assign or transfer any rights or obligations under these Terms and Conditions without the prior written permission of the Service Provider.
12.1 Neither Party shall be liable for any delay or failure to do anything under these terms and conditions due to circumstances beyond the reasonable control of that Party. Such circumstances include – but are not limited to – industrial action, lock out, trade dispute, power failure, internet outage, fire, natural disaster, or outbreak of war. As soon as is reasonably possible after the discovery of such circumstances, the affected Party must notify the other Party in writing of any anticipated or existing delay or failure in performance.
12.2 If the circumstances referred to in this clause continue for a period of longer than 30 days, either Party can end the contract by giving 28 days’ notice in writing to the other. All money owing under these Terms and Conditions before the circumstances arose shall be paid immediately.
13 ENTIRE AGREEMENT
13.1 These Terms and Conditions and the Confirmation of Acceptance taken together are the entire agreement between the Service Provider and the Client and supersede any and all prior terms, conditions, or representations to the fullest extent permitted by law.
14.1 These Terms and Conditions shall be governed by and construed in accordance with English law and the courts of England and Wales will have exclusive jurisdiction in relation to them.
