1.1. This document (together with any documents referred to in it) tells you the terms and conditions upon which we sell and supply the services (the ‘Services’) listed on this website (the ‘Website’) to you.
1.2. Before confirming your order please:
1.2.1. Read through these terms and conditions (the ‘Conditions’) and in particular our liability clause in section 9 and Cancellation of agreement at clause 11.
1.2.2. Print a copy for future reference.
1.3. By ordering any of the Services listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.
1.4. We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.
2. ABOUT US
2.1. This Website is owned and operated by Online Company Info (hereinafter called OCI), a limited company registered in England and Wales under company number: 08471562 having our registered office at Kemp House, 152-160 City Road LONDON EC1V 2NX.
3.1. You agree that email and other electronic communications can be used as a long-distance means of communication and 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.
3.2. We will contact you by email or provide you with information by posting notices on our Website.
4.1. On receiving an Order the parties shall agree the price for the Service and a delivery time. OCI shall use reasonable endeavours to deliver the Service requested by the Subscriber in accordance with these parameters and shall keep the Subscriber fully informed of its progress.
4.2. OCI is not obliged to accept an Order but if it does not it shall inform the Subscriber of its decision within one Business Day of receiving an Order.
4.3. In the event that OCI does accept an Order it shall deliver the Services in a professional and timely manner.
4.4. In the event that OCI is unable to deliver the Service in accordance with the request and in a timely manner on any occasion there will be no Charges due by the Subscriber in respect of that Order. The parties agree that OCI shall have no other liability whatsoever either to the Subscriber or to any third parties for failure to deliver the Service on any occasion.
5.1. The prices of the Services are quoted on the Website.
5.2. Unless otherwise stated, the prices quoted exclude VAT (we are VAT registered).
5.3. For PayGo, the Charges shall be payable with effect from the Activation Date and as listed in the pricing schedule.
5.4. The Charges for Documents provided on a PAYGO or Upfront Payments basis is based on the Pricing Schedule. A copy of the Pricing Schedule will be found at http://www.onlinecompany.info/pricelist
5.5. The Pricing Schedule is subject to revision required to reflect any increase in the cost to us due to and without limitation, any foreign exchange fluctuation, increase in 3rd party costs. The Charges applied, therefore, will be based on the Pricing Schedule current at the time that the Subscriber places an order with OCI. The most current Pricing Schedule will be found at http://www.onlinecompany.info/pricelist
5.6. For PayGo, the Charges shall be invoiced monthly based on usage and shall be payable within 30 days of the invoice issue date.
5.7. The Subscriber agrees to pay OCI’s valid invoices, which shall fall due within 30 days of receipt. The Subscriber agrees to pay interest on any late payments in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended) (to be compounded daily) from the due date of payment until judgment or sooner payment. If any amount is disputed, the undisputed balance shall be paid in accordance with this clause pending resolution of such dispute.
7. INTELLECTUAL PROPERTY
7.1. The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Online Company Info moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
7.2. You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
7.3. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
7.4. You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
7.5. No licence is granted to you in these Conditions to use any of our trade marks or those of our affiliated companies.
7.6. Services sold by us and Website content may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights.
8. WEBSITE USE
9.1. Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
Death or personal injury resulting from our negligence
Fraud or fraudulent misrepresentation
Action pursuant to section 2(3) of the Consumer Protection Act 1987
Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability
9.2. The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
9.3. OCI will use all reasonable care in acquiring information to be provided to the customer however such information may be derived from information contained in a public register and as such we accept no responsibility for the accuracy of any part of any search or report. We do not accept responsibility for any inaccuracy, omission or other error in any public register upon which our search or report is based or where such information has been provided verbally either by the customer or any other third party.
9.4. It is expressly agreed that, if OCI is found to be liable in the performance of this agreement, the customer will not be entitled to claim any compensation or damages other than repayment of the payments that he/she already made for the portion of the services where default or an error attributable to the Registrar in question occurred, or non-payment of this portion of the services.
9.5. Under no circumstances will OCI pay compensation for consequential loss such as commercial loss, loss of business, loss of income, reduced profits, loss of rights to generate receivables, and so on.
9.6. We will not be liable if the Website is unavailable at any time.
9.7. We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
9.8. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.
9.9. We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
9.10. We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
9.11. We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any aspect related to your purchase of the Services even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, including those listed in clauses Error! Reference source not found. to 9.11, is strictly limited to the purchase price of the Services you purchased.
9.12. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
9.13. This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
10. FORCE MAJEURE
10.1. We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control (‘Force Majeure’), which, without limitation, include:
Strikes, lock-outs or other industrial action
Shortages of labour, fuel, power, raw materials
Late, defective performance or non-performance by suppliers
Private or public telecommunication, computer network failures or breakdown of equipment
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Acts, decrees, legislation, regulations or restrictions of any government
Other causes, beyond our reasonable control
10.2. Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.
10.3. Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or us may, by written notice to the other, terminate the Contract with immediate effect upon service.
11. CANCELLATION OF THE AGREEMENT
11.1. This agreement may be cancelled if either party fails to comply with the obligations, clauses and conditions thereof and/or any amendments thereto. The immediate and automatic cancellation will take effect within 15 days of the date on which the party exercising its right of cancellation sends a registered letter with acknowledgement of receipt. Cancellation of the agreement, or suspension thereof by OCI, may under no circumstances result in the full or partial refund of the subscription price.
12.1. In order to monitor and improve customer service, we sometimes record telephone calls.
13. THIRD PARTY RIGHTS
13.1. Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
14. EXTERNAL LINKS
14.1. To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
14.1.1. The privacy practices of such websites
14.1.2. The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
14.1.3. The use which others make of these websites; or
14.1.4. Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources
15. LINKING TO THE WEBSITE
15.1. You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.
15.2. Any agreed link must be:
15.2.1. To the Website’s homepage
15.2.2. Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted
15.2.3. Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it
15.2.4. Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists
15.3. We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
15.4. We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.
16.2. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
17. ENTIRE AGREEMENT
17.1. The Contract represents the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between us prior to such Contract except as has been expressly incorporated in such Contract.
17.3. 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 Conditions.
18.1. We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
18.2. All prices and descriptions supersede all previous publications. All product descriptions are approximate.
18.3. OCI’s services are not intended to be used as the sole basis for any business decision, and are based upon data which is provided by third party’s, the accuracy and/or completeness of which it would not be possible and/or economically viable for OCI to guarantee.
18.3.1. Any inaccuracy, incompleteness or other error in OCI data which arises as a result of data provided to OCI by the customer or any third party;
18.3.2. Any failure of the services to achieve any particular result for the customer.
18.4. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
18.5. All Contracts are concluded and available in English only.
18.6. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
18.7. A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.8. No waiver by us of any of these Conditions or of any other term of a Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 3
18.9. Any 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 the 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.
19. GOVERNING LAW AND JURISDICTION
19.1. The Website is controlled and operated in the United Kingdom.
19.2. Every purchase you make shall be deemed performed in England and Wales.
19.3. The Conditions and any Contract brought into being as a result of usage of this Website will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.