TRADING TERMS & CONDITIONS FOR 360edge
In this document the following words shall have the following meanings:
1.1 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.2 "Customer" means any person who purchases Services from the Supplier;
1.3 "Proposal" means a statement of work, quotation or other similar document describing the services to be provided by the Supplier;
1.4 "Services" means the services specified in the Proposal;
1.5 "Supplier" means 360edge where '360edge' is a trading named of ESP Surveys Limited
1.6 "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2.1 These Terms and Conditions shall apply to all contracts for the supply of Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 Nothing in these Term and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.
3 THE ORDER
3.1 The Proposal attached to these Terms and Conditions shall remain valid for a period of 30 days.
3.2 The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier ("the Order") within the period specified in Clause 3.1. A signed order will be required at this time.
3.3 All Orders for the Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
4 PRICE AND PAYMENT
4.1 The price for the Services is as specified in the Proposal and any applicable charges outlined in the Proposal. Any work not listed in the Proposal, will be classed as additional work and a new Proposal will be issued.
4.2 Payment of the price shall be in the manner specified in the Proposal.
4.3 All invoices must be paid within 30 days of date of invoice.
4.4 If the Customer fails to make any payment within 7 days of it becoming due, the Supplier shall be entitled to charge interest at the current Bank of England base rate per month on the outstanding amounts.
5 CUSTOMER'S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
5.1 co-operate with the Supplier; 5.2 provide the Supplier with any information reasonably required by the Supplier;
5.3 obtain all necessary permissions, licences and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer; and 5.4 comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
6 SUPPLIER'S OBLIGATIONS
6.1 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
6.2 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
6.3 The Supplier provides the following guarantee(s) in relation to the Services carried out:
If the customer is unsatfisfied with any aspect of the work carried out, 360edge will endeavour to rectify the work to the customer’s satistaction. If the customer is still not satistied after this, then 360edge will offer a full refund.
7 LIMITATION OF LIABILITY
7.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Services.
7.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
7.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
8 CANCELLATIONS BY THE CUSTOMER
8.1 The Customer may cancel an Order by notifying the Supplier in writing at the address above within 14 days of placing an Order and any deposit paid will be refunded in full. However, any work already completed by the Supplier will be charged in full at the agreed rate.
8.2 If the Customer fails to cancel the order within the time specified in Clause 8.1 any deposit paid may not be returnable.
8.3 Where a monthly Total Care Plan has been agreed, the customer may cancel the agreement by giving 14 days written notice. However, the customer will be liable for all extra payments for work that has already been carried out, and has not been covered by the monies already paid. In this case, point 4.3 will supercede any existing payment agreements. No refunds will be due on payments already made.
9 CANCELLATION BY THE SUPPLIER
9.1 The Supplier reserves the right to cancel any or all works agreed at any time
9.2 Where possible the Supplier with endeavour to provide an alternative supplier to fulfil the Customer’s requirements.
10 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, weather, acts of terrorism, accidents, war or fire.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
12 LICENSING AND COPYRIGHT
Unless specified in the proposal, the copyright for all imagery remains with the Author (Supplier) in accordance with the Copyright, Designs ans Patents Act, 1988. All imagery is implicitly licenced for perpetual use by the client within the scope of the proposal (eg. Customer marketing on website) but is not for onward sale to any third parties by the Customer without entering into additional arrangements with the Author.
13 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.