Terms & Conditions
- Category: General
- Created: Wednesday, 30 January 2013 14:32
- Published: Wednesday, 30 January 2013 14:32
- Written by Will Atkinson
This page (together with the documents referred to on it) informs you of our terms and conditions for our e-commerce operations for which we supply the services listed on our website "www.smith-locking.co.uk" to you.
Please read these terms and conditions carefully before ordering any service we provide via the internet. You should note that by ordering any service listed, you agree to be legally bound by these terms and conditions.
Please note the provisions of these terms and conditions contain conditions which exclude or limit our liability and which grant us a right of indemnity against you in specific circumstances and, for these purposes, your attention is drawn to condition 8.6 and condition 9 respectively.
We also retain a contractual right, in accordance with condition 3.7 and condition 13 of these terms and conditions, to modify these terms and conditions as and when we see fit. We will, however, endeavour to inform you of such amendment or modification to these terms and conditions via e-mail one month in advance of such change.
Further, please note if there is any inconsistency between any of the conditions contained in these terms and conditions and the provisions of our letter of engagement the provisions of our letter of engagement shall prevail as per condition 3.8 of these terms and conditions.
You should print a copy of these terms and conditions for future reference.
By signing in to the client area of the site, you accept the terms and conditions herein. Please understand that if you refuse to accept these terms and conditions, you will not be able to order/use any services from/on our site.
Terms and Conditions:
1. INFORMATION ABOUT US
1.1 www.smith-locking.co.uk (the "Site") is a site operated by J.W Smith Limited ("we", "us", or "our"). We are registered in England and Wales under company number 4584772. Our registered office is situated at 17A Yorkersgate, Malton, North Yorkshire, YO17 7AA.
1.2 Our VAT number is 808 9396 83.
1.3 We are regulated by the Institute of Chartered Accountants in England and Wales.
1.4 Details about our audit registration can be viewed at www.auditregister.org.uk under reference number C001266470
1.5 In accordance with the disclosure requirements of the Provision of Services Regulations 2009, our professional indemnity insurer is Zurich Insurance PLC 3 Minster Court Mincing Lane London EC3R 7DD. The territorial coverage is worldwide excluding professional business carried out from an office in the United States of America or Canada and excludes any action for a claim brought in any court in the United States of America or Canada.
2. SERVICE AVAILABILITY
2.1 Our site is only intended for use by people resident in the United Kingdom and other specified services countries.
2.2 We do not accept orders for Services (the scope of which is defined in condition 3.1) from individuals outside of those countries or the United Kingdom. Some restrictions are placed on the extent to which we accept orders from specific countries.
2.3 These restrictions can be found on our Serviced Countries page. Please review our Serviced Countries page prior to ordering the Services from us.
2.4 By subscribing to, registering with, accessing or using the Site you (meaning yourself and any company or other entity or business for whom you work or otherwise represent) agree to be legally bound by these terms and conditions (the “Terms and Conditions”) as they may be modified in accordance with condition 13.1 and posted on the Site from time to time.
2.5 If you do not agree to the Terms and Conditions (or are not authorised to do so) you should not register, subscribe or access the Site.
3. THE SITE
3.1 The Site includes on-line information relating to the accounting services, accounting packages and products and other financial information provided by us; in particular, services relating to taxation, accounts and auditing, corporate finance, payroll, information technology solutions and forecasts and planning which isaccessible either on line or by registering for the email service (the "Services").
3.2 The material, information and content whether on the Site or sent to you by email or any other means ("the Content") does not constitute any form of professional investment or other advice, recommendation, representation or endorsement and should not be relied upon by you in making (or refraining from making) any business investment or other decision.
3.3 Appropriate independent advice should be sought before making any such decisions. Any information that you receive via or as a result of your registration or subscription to the Site whether or not it is classified as "real time", may have ceased to be current by the time it reaches you and therefore not entirely accurate.
3.4 We are not responsible for any use of the Content by you outside its scope as stated in this condition 3 of these Terms and Conditions.
3.5 It is solely your responsibility to evaluate the accuracy, completeness, usefulness and fitness for any purpose of all details of opinions, advice, and other information provided on the Site.
3.6 We will endeavour to allow uninterrupted access to the Site but such access may be suspended, restricted or terminated at any time.
3.7 We reserve the right to change, modify, substitute or remove without notice any information or data on the Site from time to time.
3.8 If there is an inconsistency between any of the conditions of these Terms and Conditions and the provisions of our letter of engagement the provisions of our letter of engagement will prevail. //Insert link to letter of engagement if possible.
4. YOUR STATUS
4.1 By subscribing to our services or registering with our Site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) You are resident in one of the Serviced Countries or the United Kingdom; and
(d) You are accessing the Site from that country or the United Kingdom.
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 After subscribing to our Services, you will receive an e-mail from us acknowledging that we have received your subscription for the Services or order for the Services. Please note this does not mean your subscription or order has been accepted.
5.2 Your subscription or order for the Services constitutes an offer to us to subscribe to our Services or to make an order for the Services. All subscriptions or orders for such are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms your subscription or order (the "Acceptance").
The contract between us (the “Contract”) will only be formed when we send you the Acceptance.
5.3 The Contract will only relate to those Services we have confirmed in the Acceptance. We will not be obliged to perform any other services which may have been part of your subscription or order unless confirmed in a separate Acceptance.
6. CONSUMER RIGHTS
6.1 Subject to condition 6.4, if you are contracting as a consumer you may cancel the Contract at any time within 7 working days, beginning on the day after you received the Acceptance.
6.2 To cancel a Contract in accordance with condition 6.1 of these Terms and Conditions you must inform us in writing.
6.4 Notwithstanding clause 6.1, where the Services are provided by us within 7 working days of the Acceptance being sent your right to cancel ceases once provision of the Services starts.
6.5 We aim to provide the Services as promptly as possible. You, therefore, accept that the Services will often be provided shortly after the Acceptance is received by youand as a result you may only have a short period (if any) in which to exercise your right to cancel in accordance with condition 6.1.
6.6 Where you cancel an order for the Services in accordance with this condition 6 of these Terms and Conditions, we will refund to you any sums paid for those Services within 30 days of receipt of the Cancellation Notice. We may deduct any direct costs we incur in fulfilling our obligations under clause 6 of these Terms and Conditions.
7. USER NAME AND PASSWORD
7.1 On registering or subscribing with us, you are issued with a password which must be used in conjunction with your e-mail address in order to access certain
restricted pages of the Site. The password and your e-mail address are personal to you and not transferable.
7.2 Your e-mail address and password are the methods used by us to identify you and, as such, important. You are responsible for all information and data up-loaded
to the Site by anyone using your e-mail address and password.
7.3 Any breach of security of your password and/or any unauthorised use of your e-mail address should be notified to us immediately.
7.4 For the avoidance of doubt, you may not adapt or circumvent the systems in place in connection with the Site nor access the Site other than through normal operations.
8. INFORMATION AND DATA SUBMITTED
8.1 We accept no liability for any information or data submitted or uploaded to the Site by any user and the limitations in condition 9 (our liability) of these Terms and Conditions apply.
8.2 You are responsible for ensuring that all the financial information and data submitted or uploaded to the Site is accurate, complete and up to date and for up dating such data when necessary.
8.3 You are responsible for ensuring that no financial information or data is submitted or uploaded which is untrue, defamatory, obscene or abusive or otherwise objectionable or in breach of any laws or rights of third parties.
8.4 You also warrant that you have taken all reasonable precautions to ensure that any data you upload or otherwise submit to the Site is free from viruses and anything else that might have a contaminating or destructive effect on any part of the Site or any ancillary technology used in connection with it.
8.5 We reserve the right in accordance with condition 3.7 of these Terms and Conditions (without limiting our rights to seek other remedies) to remove offending material placed on the Site that we consider to constitute a misuse of the Site or which is otherwise harmful to other users of the Site.
8.6 You will indemnify us for any claim or loss; including without limitation economic loss, suffered by us arising out of your neglect or failure to observe any of the provisions in this condition 8.
9. OUR LIABILITY
9.1 You agree that we will not have any liability:
(a) For any loss, damage or claim which arises as a result of, or in connection with, you use of our Services except to the extent that such loss, damage, expense or claim is directly attributable to our deliberate act or our negligence ("our liability"), and that our liability will be subject always to a maximum amount of £5,000,000 (for any one event or series of connected events);
(b) For any loss you suffer as a result of any event or occurrence outside our reasonable control; or
(c) In any circumstances for any loss of business, loss of profits, loss of anticipated savings, loss of or damage to data, third party claims or any consequential loss which you suffer.
9.2 We do not exclude our liability (if any) to you for personal injury or death resulting from our negligence, for fraud or for any matter which it would be illegal to exclude
or to attempt to exclude.
9.3 If any limitation or provision contained in this limitation of liability is found to be wholly or partial invalid or unenforceable under any applicable statute or rule of law it shall
to that extent be deemed omitted, but the validity of the other limitations or provisions in this condition 9 and our other Terms and Conditions shall not be affected.
10. INTELLECTUAL PROPERTY
10.1 The copyright in the material contained on Site, together with the design, text and graphics, and there selection and arrangement, and all software compilations, underlying
source code and software belong to us.
10.2 All rights are reserved. None of the material may be reproduced or redistributed without our written permission save for downloading and printing a single copy for your
own non-commercial activity.
10.3 You shall retain copyright in all data you submit or upload to the Site.
10.4 You grant us a worldwide exclusive, royalty free, non-terminable licence to use, copy, distribute, publish and transmit such data in any manner.
11.1 Where payment is required we will invoice you, in which case you shall pay within 30 days of receipt of such invoice from us, any fees incurred by you at the rates in
effect when such fees are incurred.
11.2 If you fail to pay us in accordance with condition 11.1 of these Terms and Conditions, we shall be entitled to charge you interest at 4% above the base rate from time
to time of Lloyds TSB. In addition, we may suspend your access to and use of the Site.
11.3 The interest arising in condition 11.2 shall accrue daily and be compounded monthly.
12.1 We may terminate your access to the Site and the Services within it on not less than 3 days written notice to you.
12.2 All disclaimers, indemnities and exclusions; in particular condition 8.6 and condition 9 of these Terms and Conditions shall survive termination of these Terms and Conditions
for any reason whatsoever.
13. AMENDMENT AND CHANGES
13.1 We may modify these Terms and Conditions at any time by publishing the modified version of the Terms and Conditions on the Site.
13.2 Any modification shall take effect 3 days after posting on Site.
14. GOVERNING LAW
14.1 These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims)
shall be governed by and construed in accordance with the law or England and Wales.
14.2 The parties of any Contract formed in accordance with condition 5 of these Terms and Conditions irrevocably agree that the courts of England and Wales shall have exclusive
jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions or its Content or subject matter or formation (including non-contractual disputes or claims).