Terms and conditions
STANDARD TERMS AND CONDITIONS FOR THE SUPPLY OF SERVICES
(1) DEFINITIONS
1.1 'Client' shall mean the party ordering the Services from the Company
1.2 'Company' shall mean The Business Direct gateway Ltd and each body corporate which is from time to time its subsidiary or its holding company or a subsidiary of its holding company
1.3 'Enquiry Form' shall mean the enquiry form completed by the Client on this website
1.4 'Services' shall mean the services specified on the [invoice] that the Client will be sent once you have completed the Enquiry Form on this website and confirmed your order which the Company has agreed to supply to the Client in accordance with these terms and conditions
(2) GENERAL
All contracts made by the Company for the supply of the Service are subject to and governed by these terms and conditions which may only be varied by the Company in writing and any other terms and conditions shall not form part of the contract between the Company and the Client.
(3) FORMATION OF CONTRACT
3.1 No binding contract shall be deemed to have come into existence unless an Enquiry Form has been completed by the Client and accepted in writing by the Company by email or otherwise and shall be at price stated on the Order Form.
3.2 The Company provides all of its services subject to the availability of its staff and facilities. For pre-paid service materials, if the Company cannot confirm the formation plan for the services within 72 hours of receipt of payment then it will refund the Client's payment in full and without the Company being obliged to complete the work and without any liability to the Client for non-performance or otherwise.
(4) PAYMENT
4.1 Where the Company has agreed that the Client may pay by installments, the Client is obliged to make the payments on the due dates. In the event that the Client fails to pay the full amount due on the due dates, the Client shall pay interest on the amount unpaid at the rate of four percent (4%) per month above the base rate of Lloyds Bank plc from the date any sum becomes due until the date the sum owed is paid with interest and the Company shall be entitled to suspend the carrying out of the Services until such payment is made without any liability to the Client for non-performance or otherwise.
4.2 Any claims of whatsoever nature by the Client against the Company in respect of the Services shall not entitle the Client to withhold payment for any part of the Services or other service purchased by the Client from the Company.
4.3 The client agrees to be bound by The Business Direct Gateway Ltd refund policy: Refunds will only be given in extreme circumstances - for instance the failure to deliver an order - and that all refunds are at the complete discretion Business Direct Gateway Ltd.
4.4 Where the Contract for the supply of Services requires the performance of the Contract before the expiry of seven working days beginning with the day after the day on which the Contract is concluded the Client will not have the right to cancel the Contract. The Client may cancel an order for the supply of services within seven working days from the day the Contract was concluded provided the Company may make a charge for any direct costs incurred as a result of the Client's order for the Services. The Client confirms that such requirements as need to be met by the Company under The Consumer Protection (Distance Selling) Regulations 2000 as amended have been met. If the Client is entitled to cancel the order the Company will refund the Client the amount the Client originally paid for the supply of the Services less any direct costs incurred within 30 days from the date the Company received notice of the cancellation.
(5) LIABILITY
The Company shall be liable for death or personal injury caused by its negligence but subject thereto in no circumstances will the Company incur any liability of any kind or nature whether in contract or tort or otherwise or for any loss of profits or any other consequential loss arising out of the use of the Services by the Client or the late delivery of any of the Services.
(6) PROVISION OF SERVICES
6.1 the Company hereby warrants that:
6.1.1 the Services that will be provided to the Client will be provided exclusively by members of Business Direct Gateway or member within the group..
6.1.2 the Services are copyright-free and where relevant the work which forms part of the Services are subject to analysis by its quality control team.
6.1.3 the Company does not own and is not affiliated with any databank or database that uses client details or pass onto third parties.
6.1.4 the Company will not to re-sell, re-publish, or re-distribute, either for sale or otherwise, any written material supplied by the Client as part of the Services. Further that the Company will never knowingly put any material supplied by the client on any website or database or competitors.
6.1.5 the Client maintains full copyright of any material supplied to the Company and any material completed by the Company as part of the Services.
(7) CONFIDENTIALITY
7.1 Subject to the terms of the privacy statement on the Company's website the Company agrees that the Clients use of its Services will be kept completely confidential and that their personal or other details will never knowingly be revealed to any third parties other than those directly involved in the supply of the Services.
(8) COPYRIGHT
All services provided by the Company remain the copyright of the Company. When Client supply materials tot eh company, the Client shall indemnity and keep the Company indemnified against all liability in respect of any infringement of copyright or any other similar right or claim resulting from a breach of this condition.
(9) WAIVER
9.1 No failure to exercise no delay in exercising on the part of the Company of any right or remedy shall operate as a waiver
9.2 The waiver or variation of any of these terms and conditions at any time by the Company will constitute a waiver or variation for the purpose of that particular transaction only and the Clients obligations in respect of the failure performance shall remain in full force and effect
(10) EVENTS BEYOND THE COMPANY'S REASONABLE CONTROL
The Company will not be held responsible for any delay or failure to comply with its obligations under these terms and conditions of the delay or failure arises from any cause which is beyond its reasonable control. This condition does not affect your statutory rights.
(11) ASSIGNMENTS
The Client will not assign its rights or obligations under these terms and conditions without the prior written consent of the Company
(12) THIRD PARTY RIGHTS
The Contract created by these terms and conditions in between the Company and the Client and is not to confer any rights or any nature upon any party other then the Client and the Company
(13) TERMINATION
13.1 The Company may terminate the Contract immediately by notice in the event of the Client's failure to make the due payments under the Contract without rebate or allowance on the due date
13.2 In the event of the Company terminating the Contract the buyer being in breach of any of its terms and conditions the Client shall immediately pay to the Company all sums due under the Contract without rebate or allowance.
(14) ALTERATIONS OF SERVICE OR AMENDMENTS TO THE CONDITIONS
The Company reserves the right to make changes to these terms and conditions. The Client's contract with the Company will be subject to the terms and conditions at the time the Client confirms the order on the website unless any change to these terms and conditions is required to be made by law or government authority. If any of these conditions is deemed invalid void or for any reason unenforceable that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
(15) GOVERNING LAW
The interpretation and performance of any Contract between the Company and the Client and of any of these terms and conditions shall be governed by and continued in accordance with English Law
