ONLINE COMPANY INFO TERMS OF SALE
These Terms of Sale set out the terms under which we sell and provide Services to business customers through this website, onlinecompany.info (the "Site"). Please read these Terms of Sale carefully and ensure you understand them before ordering any Services from Our Site. You will be required to read and accept these Terms of Sale when ordering Services. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Services through the Site.
1.1 In these Terms of Sale the following expressions have the following meanings:
|"Contract"||means a contract for the purchase and sale of Services, as explained on clause 6;|
|"Order"||means your order for the Services;|
|"Order Confirmation"||means our acceptance and confirmation of your Order;|
|"Order Number"||means the reference number for your Order;|
|"Services"||means the services which are to be provided by us to you as specified in your Order and confirmed in our Order Confirmation; and|
|"we/us/ours"||means Online Company Info Limited trading as onlinecompany.info.|
2. Information about us
This Site is owned and operated by Online Company Info Limited trading as onlinecompany.info, a company registered in England and Wales under company number 08471562 and with its registered office address at Kemp House, 152-160 City Road, London, EC1V 2NX. Our VAT number is GB 159 6948 45.
3. Access to and use of the Site
3.1Access to the Site is free of charge.
3.2It is your responsibility to make any and all arrangement necessary in order to access the Site.
3.3Access to the Site is provided "as is" and on an "as available" basis. We may alter, suspend or discontinue the Site (or any part of it) at any time and without notice. We will not be liable to you in any way if the Site (or any part of it) is unavailable at any time for any period.
4. Business customers and consumers
4.1 These Terms of Sale apply to business customers only. These terms of Sale do not apply to individual consumers purchasing Services for personal purposes (that is, not in connection with, or for use in, their trade, business, craft, or profession).
4.2 These Terms of Sale, together with any other documents referenced herein that are applicable to the Services ordered, constitute the entire agreement between us and you with respect to your Purchase of Services from us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance or promise made by or on behalf of us that is not set out or otherwise referred to in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
5. Services, pricing and availability
5.1 We use reasonable efforts to ensure that all general descriptions of the Services available from us correspond to the actual Services that will be provided to you. However, please note that the exact nature of the Services may vary depending upon your individual requirements and circumstances.
5.2 Please note that clause 5.1 does not exclude our responsibility for mistakes due to negligence on our part and refers only to variations of the correct Services, not to different Services altogether.
5.3 We neither represent nor warrant that all Services will be available at all times and cannot necessarily confirm availability until confirming your Order.
5.4 We use reasonable efforts to ensure that all prices shown on the Site are correct at the time of going online. We reserve the right to change prices from time to time and as necessary. Changes in price will not affect any Order you have already placed.
5.5 We check all prices when we process your Order. If we have shown incorrect pricing information, we will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed. We will give you the option to purchase the Services at the correct price or to cancel your Order (or the affected part thereof). We will not proceed with processing your Order until you respond. If we do not receive a response from you within seven days, we will treat your Order as cancelled and notify you of the same in writing.
5.6 If the price of Services you have ordered changes between your Order being placed and us processing that Order and taking payment, you will be charged the price shown on the Site at the time of placing your Order.
5.7 Prices on the Site are shown exclusive of VAT. If the VAT rate changes between your Order being placed and us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
A copy of the Pricing Schedule will be found at http://www.onlinecompany.info/prices
6 Orders - how Contracts are formed
6.1 Before submitting your Order to us you will be given the opportunity to review your Order and amend any errors. Please ensure you check your Order carefully before submitting it.
6.2 No part of the Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean we have accepted it. Our acceptance is indicated by us sending you an Order Confirmation by email. Only once we have sent you an Order Confirmation will there be a legally binding contract between us and you (the "Contract").
6.3 If, for any reason, we do not accept or cannot fulfil your Order, any payments you have made will be refunded to you within 14 days, using the same payment method that you used when ordering the Services.
6.4 You may change your Order in the 15 minutes after placing it by contacting us. If you change your Order and we accept your changes, we will confirm all agreed changes in writing.
6.5 We may cancel your Order at any time before we begin providing the Services if:
|6.5.1||the required personnel and/or required materials necessary for the provision of the Services are not available; or|
|6.5.2||an event outside of our control continues for more than 30 days.|
6.6 If we cancel your Order under clause 6.5 and we have taken payment, any such sums will be refunded to you within 14 days. If we cancel your Order, we will confirm this in writing.
7.1 Payment for the Services will be due in the form of an advance payment of the total price for the Services. Price and payment details will be confirmed in the Order Confirmation. Your chosen payment method will be charged as indicated.
7.2 In respect of other fees and charges arising in relation to the Services we will issue an invoice to you. You must pay that invoice within 30 days of its date.
7.3 All sums due must be paid in full without any set-off, counterclaim, deduction or withholding (except where any deduction or withholding of tax is required by law).
7.4 If you do not make any payment to us by the due date, we may charge you interest on the overdue sum at the rate of 4% per annum above the base lending rate of Barclays Bank plc from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgement. You must pay any interest due when paying an overdue sum.
8. Provision of the Services
8.1 We will provide the Services with reasonable skill and care.
8.2 We will begin providing the Services on the date agreed when you make your Order (which we shall confirm in the Order Confirmation). We will continue providing the Services until completion.
8.3 We will use reasonable efforts to provide the Services in a timely manner. We cannot, however, be held responsible for any delays if an event outside of our control occurs.
8.4 If we require any information or action from you in order to provide the Services, we will inform you of this as soon as is reasonably possible. If such information or action is delayed, incomplete or otherwise incorrect, we will not be responsible for any delays caused as a result. If additional work is required from us to correct or compensate for a problem arising as a result of delayed, incomplete or otherwise incorrect information or action you have provided or taken we may charge you a reasonable additional sum for that work.
8.5 In certain circumstances, for example where there is a delay in you sending us information or taking action required under clause 8.4, we may suspend the Services.
8.6 In certain circumstances, for example where we encounter a technical problem, we may need to suspend or otherwise interrupt the Services to resolve the issue. Unless the issue is an emergency that requires immediate action, we will inform you in advance before suspending or interrupting the Services.
8.7 If the Services are suspended or interrupted under clauses 8.5 or 8.6 you will not be required to pay for them during the period of suspension. You must, however, pay any sums that may already be due by the appropriate due date(s).
8.8 If you do not pay us for the Services as required by clause 7, we may suspend the Services until you have paid all outstanding sums due. If this happens, we will inform you in writing. This does not affect Our right to charge you interest on any overdue sums under clause 7.3.
8.9 We will use reasonable efforts to remedy problems with the Service as quickly as is reasonably possible and practical.
8.10 We will not charge you for remedying problems under this clause 8 where the problems have been caused by us or any of our agents or sub-contractors. If we determine that a problem has been caused by you, including your provision of incorrect or incomplete information or taking of incorrect action, clause 8.4 will apply and we may charge you for the remedial work.
9. Cancelling the Services
9.1 You may change your Order in the 15 minutes after placing it by contacting us by email, providing us with your name, email address, telephone number and Order Number.
9.2 Eligibility for refunds may vary according to the Services ordered. You will be required to pay for Services supplied up until the point at which you inform us that you wish to cancel (this may include charges for preparatory work we have undertaken where we have reasonably incurred costs). Such sums will be deducted from any refund due to you or, if no refund is due, we will invoice you for the relevant sums.
9.3 Refunds under this clause 9 will be issued to you within 14 days of the day on which you inform us that you wish to cancel, using the same payment method that you used when ordering the Services.
10 Ending the contract because of something we have done
|10.1.1||we breach the Contract in a material way and fail to remedy the breach within 14 days of you asking us to do so in writing;|
|10.1.2||we go into liquidation or have a receiver or administrator appointed over our assets;|
|10.1.3||we change these Terms of Sale to your material disadvantage; or|
|10.1.4||we are adversely affected by an event outside of our control that continues for more than 60 days.|
10.2 If you wish to cancel under this clause 10, please do so by email or post, providing us with your name, address, email address, telephone number and Order Number.
10.3 Eligibility for refunds may vary according to the Services ordered. You will be required to pay for Services supplied up until the point at which you inform us that you wish to cancel (this may include charges for preparatory work we have undertaken where we have reasonably incurred costs). Such sums will be deducted from any refund due to you or, if no refund is due, we will invoice you for the relevant sums.
10.4 Refunds under this clause 10 will be issued to you within 14 days of the day on which you inform us that you wish to cancel, using the same payment method that you used when ordering the Services.
11 Our rights to cancel
11.1 We may cancel the Contract after we have begun providing the Services due to an event outside of our control that continues for more than 30 days, or due to the non-availability of required personnel and/or required materials necessary for the provision of the Services. In such cases, you will only be required to pay for Services we have already provided up until the point at which we inform you we are cancelling. Such sums will be deducted from any refund due to you or, if no refund is due, we will invoice you for the relevant sums.
11.2 Once we have begun providing the Services, we may cancel the Contract at any time and will give you at least seven days’ written notice of such cancellation. You will only be required to pay for Services you have received. Such sums will be deducted from ay refund due to you or, if no refund is due, we will invoice you for the relevant sums.
11.3 We may cancel immediately by giving you written notice if:
|11.3.1||you fail to make a payment by the due date (this does not affect our right to charge you interest on any overdue sums as set out in clause 7.3); or|
|11.3.2||you breach the contract in a material way and fail to remedy the breach within 14 days of us asking you to do so in writing.|
You will only be required to pay for Services we have already provided up until the point at which we inform you we are cancelling. Such sums will be deducted from any refund due to you or, if no refund is due, we will invoice you for the relevant sums.
11.4 Refunds under this clause 11 will be issued within 14 days of the day on which we inform you that we wish to cancel, using the same payment method that you used when ordering the Services.
12. Our liability
12.1 Subject to clause 12.3, we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity or for any indirect or consequential loss arising out of or in connection with any contract between you and us.
12.2 Subject to clause 13.3, our total liability to you for all other losses arising out of or in connection with any contract between you and us, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall be 100% of the total sums paid by you under the Contract in question.
12.3 Nothing in these Terms of Sale seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.
13 Events outside of our control
13.1 We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster or any other event that is beyond our reasonable control.
13.2 If any event described under this clause 13 occurs that is likely to adversely affect our performance of any of our obligations under these Terms of Sale:
|13.2.1||we will inform you as soon as is reasonably possible;|
|13.2.2||our obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits we are bound by will be extended accordingly;|
|13.2.3||we will inform you when the event outside of our control is over and provide details of any new dates, times or availability of Services as necessary; and|
|13.2.4||if the event outside of our control continues for more than 30 days, we may cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid within 14 days after the date on which we inform you of the cancellation, using the same payment method that you used when ordering the Services.|
13.3 If an event outside of our control occurs and continues for more than 60 days and you wish to cancel the Contract as a result, do so by email or post, providing us with your name, address, email address, telephone number and Order Number. Any refunds due to you as a result of such cancellation will be paid to you within 14 days of the day on which you inform us that you wish to cancel, using the same payment method that you used when ordering the Services.
14. Contact details
If you wish to contact us in relation to these Terms of Sale, please telephone +44(0)20 3086 8454, email firstname.lastname@example.org or write to Kemp House, 152 - 160 City Road, London, EC1V 2NX. (If you write to us, you should obtain a proof of posting certificate and/or use a service requiring a signature on receipt.)
15. Data protection
15.1 All information of yours that we may use will be collected, processed and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation ("GDPR") and your rights under the GDPR.
15.2 For details of our collection, processing, storage and retention of personal data, please refer to our Privacy and Cookies Policy
16. Other important terms
16.1 We may transfer, assign or novate our obligations and right under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if we sell our business). If this occurs, your rights under these Terms of Sale will not be affected and our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
16.2 You may not transfer, assign or novate your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without our prior written consent.
16.3 The contract is between you and us. Is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
16.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms of Sale, which shall be valid and enforceable.
16.5 No failure or delay by us in exercising any of our rights under these Terms of Sale means we have waived that right, and no waiver by us of a breach of any provision of these Terms of Sale means we will waive any subsequent breach of the same or any other provision.
16.6 We may revise these Terms of Sale from time to time. If we change these Terms of Sale at any time, we will give you at least seven days’ written notice of the changes before they come into effect. If you wish to cancel the Contract as a result, please refer to clause 10.1.3.
17. Governing law and jurisdiction
17.1 These Terms of Sale, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
17.2 Any disputes concerning these Terms of Sale, the relationship between you and us, or any matter arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.