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Terms and Conditions
The following terminology applies to these Terms and Conditions, Privacy Statement
and Disclaimer Notice and any or all Agreements:
["Client", “Customer”, “You” and “Your”]
refers to you, the person accessing the website and accepting the Company’s
terms and conditions. "The Company", “Ourselves”, “We”
and "Us", refers to our Company. “Party”, “Parties”,
or “Us”, refers to both the Client and ourselves, or either the
Client or ourselves where specified.
All terminology herein is relative to the offer and acceptance of goods/services and consideration of payment necessary constituting contractual obligation as defined by the Sale of Goods and Supply of Services Act (as amended) to assist the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products in accordance with and subject to prevailing English & Welsh Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Clients are deemed to have read, understood and agreed to abide by the following terms and conditions:
Privacy Statement
We are committed to protecting your privacy. Authorised employees within the
company on a need to know basis only use any information collected from individual
customers. We constantly review our systems and data to ensure security and
to provide the best possible service to our customers. Parliament has created
specific offences for unauthorised actions against computer systems and data.
We will investigate any such actions with a view to prosecuting and/or taking
civil proceedings to recover damages against those responsible.
Confidentiality
We are registered under the Data Protection Act 1998 and as such any information
concerning the Client and their respective Client Records is stored securely
and may be passed to third parties. However, Client records are regarded as
confidential and therefore will not be divulged to any third party, other than
our Clients if legally required to do so to the appropriate authorities. Clients
have the right to request sight of, and copies of any and all Client Records
we keep, on the proviso that we are given reasonable notice of such a request.
Clients are requested to retain copies of any literature issued in relation
to the provision of our services. When relevant we shall issue Client’s
with appropriate written information, handouts or copies of records as part
of an agreed contract, for the benefit of both parties.
In accordance with the Privacy & Electronic Communications (EU Directive) Regulations 2003 (PECR) we will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail without your consent. Any emails sent by this Company will only be in accordance with your consent in connection with the provision of agreed services and products and clients will be notified on each and every subsequent occasion they have the option to unsubscribe from future emails at any time.
Disclaimer
Exclusions and Limitations
The information contained in Company literature and website is provided on an
"as is" basis. To the fullest extent permitted by law, this Company:
? excludes all representations and warranties relating to the goods/services
and use of the website and its contents or which is or may be provided by any
affiliates or any other third party including in relation to any inaccuracies
or omissions in this website and/or the Company’s literature; and
? excludes all liability for damages arising out of or in connection with your
use of goods/services and the website. This includes, without limitation, direct
loss, loss of business or profits (whether or not the loss of such profits was
foreseeable, arose in the normal course of things or you have advised this Company
of the possibility of such potential loss), damage caused to your computer,
computer software, systems and programs and the data thereon or any other direct
or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury
caused by its negligence. The above exclusions and limitations apply only to
the extent permitted by law. None of your statutory rights as a consumer are
affected.
Payment
Cash or Cheque with Bankers Card, all major Credit/Debit Cards, Bankers Draft
or BACS Transfer are all acceptable methods of payment. Our Terms are payment
in full within thirty days. All goods remain the property of the Company until
paid for in full. Monies that remains outstanding by the due date will incur
late payment interest at the statutory [can contractually stipulate a reasonable
alternative] rate of 8% above the prevailing Bank of England's base preferential
rate on the outstanding balance until such time as the balance is paid in full
and final settlement. We reserve the right to seek recovery of any monies remaining
unpaid sixty days from the date of invoice via collection Agencies and/or through
the Small Claims Court in the event that the outstanding balance does not exceed
£3000. In such circumstances, we are entitled to claim the prevailing
statutory Late Payment charges and interest applicable to incurred debt recovery
costs.
Returned cheques will incur a £25 charge to cover banking fees and administrative costs. In an instance of a second Returned cheque, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
Cancellation Policy
Minimum 24 hours notice of cancellation required. Notification for instance,
in person, via email, mobile phone ‘text message’ and/or fax, or
any other means will be accepted subject to confirmation in writing. We reserve
the right to levy a £30 charge to cover any subsequent administrative
expenses.
Termination of Agreements and Refunds Policy
[Example shown is for services] Both the Client and ourselves have the right
to terminate the [Services/Goods] Agreement for any reason, including the ending
of services that are already underway. No refunds shall be offered, where a
Service is deemed to have begun and is, for all intents and purposes, underway.
Any monies that have been paid to us which constitute payment in respect of
the provision of unused Services, shall be refunded.
Availability
Unless otherwise stated, the [goods/services] supplied and featured on the website
are only available within the United Kingdom, or in relation to postings from
the United Kingdom. All advertising is intended solely for the United Kingdom
market. You are solely responsible for evaluating the fitness for a particular
purpose of any downloads, programs and text available through the website. Redistribution
or republication of any part of the website or its content is prohibited, including
such by framing or other similar or any other means, without the express written
consent of the Company. The Company does not warrant that the service from the
website will be uninterrupted, timely or error free, although it is provided
to the best ability. By using this service you thereby indemnify this Company,
its employees, agents and affiliates against any loss or damage, in whatever
manner, howsoever caused.
Variation of Terms
We have the right to vary these terms from time to time, providing reasonable
notice is given.
Logs
We use IP addresses to analyse trends, administer the site, track user’s
movement, and gather broad demographic information for aggregate use. IP addresses
are not linked to personally identifiable information. Additionally, for systems
administration, detecting usage patterns and troubleshooting purposes, our web
servers automatically log standard access information including browser type,
access times/open mail, URL requested, and referral URL. This information is
not shared with third parties and is used only within this Company on a need-to-know
basis. Any individually identifiable information related to this data will never
be used in any way different to that stated above without your explicit permission.
Cookies
Like most interactive web sites this Company’s website [or ISP] uses cookies
to enable us to retrieve user details for each visit and track browsing. Cookies
are used in some areas of our site to enable the functionality of this area
and ease of use for those people visiting. Some of our affiliate partners may
also use cookies.
Links to/from the website
You may not create a link to any page of the website without our prior written
consent. If you do create a link to a page on the website you do so at your
own risk and the exclusions and limitations set out above will apply to your
use by linking to it. We do not monitor or review the content of other party’s
websites which are linked to from our website. Opinions expressed, or material
appearing on such websites, are not necessarily shared or endorsed by us and
we should not be regarded as the publisher of such opinions or material. Please
be aware that we are not responsible for the privacy practices or content of
these sites. We encourage our users to be aware when they leave our site &
to read the privacy statements of these sites. You should evaluate the security
and trustworthiness of any other site connected to this site or accessed through
the website yourself before disclosing any personal information to them. This
Company will not accept any responsibility for any loss or damage in whatever
manner, howsoever caused, resulting from your disclosure to third parties of
personal information.
Copyright Notice
Copyright and other relevant intellectual property rights exists on all text
relating to the Company’s goods/services and the full content of the website.
Communication
We have several different e-mail addresses for different queries. These, &
other contact information, can be found on our Contact Us link on our website
or via Company literature or via the Company’s stated telephone, facsimile
or mobile telephone numbers.
This company is registered in England and Wales, the registered address is Imperial House, Unit 17a, 64 Willoughby Lane, London, N17 0SP.
Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation
under any Agreement which is due to an event beyond the control of such party
including but not limited to any Act of God, terrorism, war, Political insurgence,
insurrection, riot, civil unrest, act of civil or military authority, uprising,
earthquake, flood or any other natural or man made eventuality outside of our
control, which causes the termination of an agreement or contract entered into,
nor which could have been reasonably foreseen. Any Party affected by such event
shall forthwith inform the other Party of the same and shall use all reasonable
endeavours to comply with the terms and conditions of any Agreement contained
herein.
Waiver
Failure of either Party to insist upon strict performance of any provision of
this or any Agreement or the failure of either Party to exercise any right or
remedy to which it, he or they are entitled hereunder shall not constitute a
waiver thereof and shall not cause a diminution of the obligations under this
or any Agreement. No waiver of any of the provisions of this or any Agreement
shall be effective unless it is expressly stated to be such and signed by both
Parties.
General
The laws of England and Wales govern these terms and conditions. By accessing
the website you consent to these terms and conditions and to the exclusive jurisdiction
of the English & Welsh courts in all disputes arising out of such access.
If any of these terms are deemed invalid or unenforceable for any reason (including,
but not limited to the exclusions and limitations set out above), then the invalid
or unenforceable provision will be severed from these terms and the remaining
terms will continue to apply. Failure of the Company to enforce any of the provisions
set out in these Terms and Conditions and any Agreement, or failure to exercise
any option to terminate, shall not be construed as waiver of such provisions
and shall not affect the validity of these Terms and Conditions or of any Agreement
or any part thereof, or the right thereafter to enforce each and every provision.
These Terms and Conditions shall not be amended, modified, varied or supplemented
except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
The Company reserves the right to change these conditions from time to time
as it sees fit and your continued use of our goods/services and the website
will signify your acceptance of any adjustment to these terms. If there are
any changes to our privacy policy, we will announce that these changes have
been made on our home page and on other key pages on our site. If there are
any changes in how we use our site customers’ Personally Identifiable
Information, notification by e-mail or postal mail will be made to those affected
by this change. Any changes to our privacy policy will be posted on our web
site 30 days prior to these changes taking place. You are therefore advised
to re-read this statement on a regular basis.
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
© Matrix Personnel Ltd 2006 All Rights Reserved