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Terms and Conditions
Your attention is in particular drawn to the provisions of condition 7.
1. INTERPRETATION
1.1 The definitions and rules of interpretation in this condition apply in these conditions.
Bank means bank, building society or other financial institution (at which you have an account) from which you wish to pay for the Services by direct payment.
Company: Bishco (London) Ltd trading as Sub-It.co.uk of 15 Palmerston Road Twickenham Middlesex TW2 7QX
Content means all information and material capable of being represented on a computer or Internet website including without limitation code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages and files.
Contract: the contract between the Company and you for the provision of the Service incorporating these conditions.
Distance Selling Regulations means the Consumer Protection (Distance Selling) Regulations 2000.
Effective Date means the date when the Company confirms acceptance of your offer to pay for the Service.
Initial Subscription Fee means the initial charge for provision of the Service upon joining the site.
Initial Term means the minimum term of one year commencing from and including the Effective Date.
Renewal Term means the term of one year.
Service means provision of access to the Site and related hosting services including the provision to link from the Site to private home pages.
Site means the website known as sub-it with the address www.sub-it.co.uk.
You means the Customer entering into the Agreement with the Company.
1.2 A reference to a law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.3 Words in the singular include the plural and in the plural include the singular.
1.4 A reference to one gender includes a reference to the other gender.
1.5 Condition headings do not affect the interpretation of these conditions.
2. APPLICATION OF TERMS
2.1 Subject to any variation under condition 2.3 the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which you purport to apply under any purchase order, confirmation of order, specification or other document).
2.2 No terms or conditions endorsed on, delivered with or contained in your purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.
2.3 These conditions apply to the provision of the Service and any variation to these conditions and any representations about the Services shall have no effect unless expressly agreed in writing and signed by the Managing Director of the Company. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract. Nothing in this condition shall exclude or limit the Company's liability for fraudulent misrepresentation.
2.4 Any order or acceptance of a quotation for provision of the Service shall be deemed to be an offer by you to accept provision of the Service subject to these conditions.
2.5 No order placed by you shall be deemed to be accepted by the Company until a written acknowledgement of order is issued by the Company or (if earlier) the Company delivers the Service.
3. COMMENCEMENT AND DURATION
3.1 The Service supplied under this agreement shall be provided by the Company to you as soon as is reasonably practical following acceptance by the Company of your offer in accordance with condition 2.5 and after payment in full for the Service has been received. In the event of the Company failing to provide the Service within 30 days of payment in full for the Service being received you may cancel this agreement in which case you will be entitled to a full refund of your fees.
3.2 The Service supplied under this agreement shall continue to be supplied for the duration of the Initial Term and thereafter shall continue on a rolling basis for the Renewal Term unless and until one month's notice to terminate is given, such notice to expire on the anniversary date of this agreement unless this agreement is terminated in accordance with condition 15.
3.3 Any dates specified by the Company for provision of the Service are intended to be an estimate and time for provision of the Service shall not be made of the essence by notice. If no dates are so specified, delivery of the Service shall be within a reasonable time.
3.4 Subject to the other provisions of these conditions the Company shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the provision of the Service (even if caused by the Company's negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 30 days.
4. THE COMPANY'S OBLIGATION
4.1 The Company shall use reasonable endeavours to provide the Service in accordance with this agreement.
5. YOUR OBLIGATIONS
5.1 You shall:
(a) co-operate with the Company in all matters relating to the Service;
(b) provide, in a timely manner, such information as the Company may request and ensure that it is accurate in all material respects;
(c) ensure that you do not offer for sale goods or services or use or display materials that are illegal, defamatory, vulgar, offensive, dangerous, menacing or are otherwise, in the Company's reasonable opinion, inappropriate.
5.2 If the Company's performance of its obligations under this agreement is prevented or delayed by any act or omission on your part, the Company shall not be liable for any costs, charges or losses sustained or incurred by you arising directly or indirectly from such prevention or delay.
5.3 You acknowledge that all fees for the Service are exclusive of any taxes and/or telecommunication fees. All telecommunication fees incurred by you in connection with the use of the Service remain solely and at all times your responsibility.
5.4 You agree to pay the fees as provided for in this agreement.
5.5 You agree to comply with all other obligations contained in this Agreement.
6. FEES
6.1 Payment of the Initial Subscription Fee is due in pounds sterling and is payable on submission of your request for the Service.
6.2 Time for payment shall be of the essence.
6.3 No payment shall be deemed to have been received until the Company has received cleared funds.
6.4 You agree to pay any additional Services following payment of the Initial Subscription Fee on a monthly basis.
6.5 Payment of all fees must be by a valid credit or debit card by direct payment, unless otherwise agreed in writing by the company. You are required to provide your credit/debit card or Bank details when you submit your request for the Service. You are solely responsible for such credit card debit card or bank information which you provide to the Company and must promptly inform the Company of any changes thereto. You are solely responsible for ensuring the Service is cancelled or renewed. The Company shall have no liability to you or any third party in connection with any failure to renew or errors in renewing the Service. Fees will automatically be debited to your chosen method of payment.
6.6 The fees payable is the applicable fee as detailed from time to time on the Site. The fee is exclusive of Value Added Tax and all other applicable taxes related to the Service.
6.7 Without prejudice to any other right or remedy that it may have, if you fail to pay the Company on the due date, the Company may:
(a) charge interest on such sum from the due date for payment at the annual rate of 3% above the base lending rate from time to time of Barclays Bank PLC, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment and the Company may claim interest under the Late Payment of Commercial Debts (Interest) Act 1998; and
(b) suspend the Service until payment has been made in full.
7. LIMITATION OF LIABILITY
YOUR ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF THIS CONDITION
7.1 This condition 7 sets out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you in respect of:
(a) any breach of this agreement ;
(b) any use made by the you of the Service; and
(c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement .
7.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.
7.3 Nothing in these Conditions limits or excludes the liability of the Company:
(a) for death or personal injury resulting from negligence; or
(b) for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by the Company; or
7.4 Subject to conditions 7.2 and condition 7.3:
(a) the Company shall not be liable for:
(i) loss of profits; or
(ii) loss of business; or
(iii) depletion of goodwill and/or similar losses; or
(iv) loss of anticipated savings; or
(v) loss of goods; or
(vi) loss of contract; or
(vii) loss of use; or
(viii) loss of corruption of data or information; or
(ix) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; or
(x) any losses whatsoever arising from downtime to the Service; or
(xi) any damage of any type suffered as a result of the loss of confidentiality of information stored on the internet;
(b) the Company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the Service.
8. INDEMNITY
8.1 You agree to fully indemnify and hold the Company harmless from any claims, liabilities and expenses (including, without limitation, legal expenses) arising as a result of or in connection with this agreement and the provision of the service to you.
8.2 By using the Site you agree to indemnify the Company and its parents, subsidiaries, affiliates, officers, and employees and hold them harmless from any and all claims and expenses, including legal fees, arising from your use of the Site, your use of the Service, or your submission of ideas and/or related materials to the Site or from any person's use of any account or password you maintain regardless of whether such use is authorized by you. By using the Site, utilising the services or submitting any ideas and/or related materials to the Site, you are hereby agreeing to release the Company and its parents, subsidiaries, affiliates, officers, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Service or to any disputes regarding use of ideas and/or related materials submitted to the Site. You hereby agree to waive all law that may limit the efficacy of such release.
9. CONTENT
9.1 The Company reserves the right, at its absolute discretion, to refuse to accept, or continue to accept any Content:
9.1.1 which the Company believes offers for sale goods or services or uses or displays materials that are illegal, pornographic, racist, defamatory, obscene, vulgar, offensive, dangerous, menacing or are otherwise inappropriate;
9.1.2 in relation to which complaints have been made;
9.1.3 that has become the subject of a government complaint or investigation; or
9.1.4 which the Company believes is contrary to the intent or spirit of the Site and this Agreement.
9.2 The Company reserves the right in its absolute discretion to remove any Content that is available via the Service.
9.3 Where you offer goods and/or services via the Site, you agree:
9.3.1 you are responsible for all goods and services so offered;
9.3.2 you will display on the Site and on any link to your own website contact information, including at a minimum:
(i) if you are an individual, your first name, last name and address; and
(ii) if you are a company, the company's name, registered office, company number, telephone number, fax number, e-mail address and the name of the managing director;
9.4 In relation to any goods or services offered by you on or via the Site, you represent and warrant that you have the full power and authority under all relevant laws and regulations to offer and sell the goods and services offered, including but not limited to holding all necessary licenses from all necessary jurisdictions to engage in the advertising and sale of the goods or services offered.
10. WARRANTIES
10.1 Save as expressly prohibited by law, the Company hereby excludes all express or implied warranties including without limitation any warranties as to fitness for purpose and any express or implied warranties that might arise from custom, practice or course of dealing.
10.2 The Company warrants that the Service will be provided using reasonable care and skill. However, you acknowledge that the Company cannot warrant that the Site will be free from errors or run uninterrupted. In particular, you acknowledge that the Site may be subject to downtime occasioned by necessary maintenance on the part of the Company (emergency or routine) or by third parties.
10.3 The Company shall have no obligation to list or link to your domain name or Website.
10.4 You hereby agree and acknowledge that:
(a) your website may be subject to interventions by a non-authorised third party, and as a consequence may be corrupted;
(b) that any information placed on the Internet is not protected against copying, possible diversions and possible viruses; and
(c) that any third party is able to create a link giving access to your Website without your agreement.
10.5 You warrant that you are authorised to enter this agreement and are over 18 years of age.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 As between you and the Company, all intellectual property rights and all other rights in the Site which belong to the Company shall remain the property of the Company (including, but not limited to, the name "Sub - It"). You may utilise any software on the Site which forms part of the Service free of charge and on a non-exclusive, worldwide basis to such extent as is necessary to enable you to make reasonable use of the Service. If this agreement is terminated, this licence will automatically terminate.
11.2 You hereby grant the Company a world-wide, royalty-free non-exclusive licence whilst this Agreement subsists to link to, show, distribute and advertise your website, any link on your website and your Content on the Site.
11.3 You hereby agree and confirm that you are solely responsible for all Content placed by you on the Site, whether posted publicly or sent privately. You are solely responsible for the accuracy and completeness of all such Content.
12. THIRD PARTY LINKS
12.1 The links on the Site are provided only for the convenience of vistors to the Site. The Company has no interest in, responsibility for, or control over any linked sites and makes no promises or warranties of any kind, express or implied, including those of merchantability and fitness for a particular purpose, as to the content of any linked site. In no event shall the Company be liable for any damages resulting from use of these links even if the Company has been informed of the possibility of such liability.
12.2 The Site, or third parties, may provide links to other websites or resources. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or materials available on or through any such side or resource.
13. DATA
13.1 In the event of your collecting and storing personal data of visitors to any site linked via the Site, you agree that:
13.1.1 visitors to your site are informed that you are collecting such information and advised of the use to which such data will be used and processed;
13.1.2 you will only utilise such information in a manner consistent with your disclosures, applicable laws and government regulations, including by way of example and without limitation applicable laws and government regulations regarding "spam" and the unsolicited mass distribution of information;
13.1.3 you will ensure that visitors to your site will have the ability to opt out of mailings from you;
13.1.4 you will delete all information relating to a visitor if so requested to do so by such visitor or by the Company on behalf of such visitor.
13.1.5 you will, at all times, comply with the provisions of the Data Protection Act 1998 or any equivalent legislation in jurisdictions other than the United Kingdom.
13.2 You will, at all times, comply with the Company's privacy policy from time to time in force as published on the Site.
14. DISTANCE SELLING REGULATIONS
14.1 You have the right to cancel your order for the Service and obtain a full refund of the Initial Subscription Fee paid provided the Company has not started to provide the Service to you and provided written confirmation of cancellation is given within seven working days beginning with the day following the day on which your order for the Service is accepted by the Company.
14.2 Written notice of cancellation may be given by registered post or by way of e mail.
14.3 The Company is required to provide you with the following information in respect of the Service:
14.3.1 The Service is provided by Bishco (London) Ltd trading as Sub-It.co.uk
of 15 Palmerston Road Twickenham Middlesex TW2 7QX,
Telephone Number: 08454 60 61 60
14.3.2 Service provided - see clause 1.1;
14.3.3 Price for the Service and method of payment - see clause 6;
14.3.4 Minimum term of the agreement - one year;
14.3.5 Contact details for complaints/enquiries
Bishco (London) Ltd trading as Sub-It.co.uk
of 15 Palmerston Road Twickenham Middlesex TW2 7QX,
Telephone Number: 08454 60 61 60
E-mail: comments@sub-it.co.uk
Cancellation rights - see clause 15.
15. TERMINATION
15.1 Subject to clause 14 above, you may terminate this agreement by giving not less than one month's written notice of termination, such notice to expire at the end of the Initial Term or any subsequent anniversary thereof. Such notice shall be sent by e mail or registered post.
15.2 Save as provided in clause 14, you will not be entitled to a refund of fees in the event of termination.
15.3 On termination of this agreement for any reason:
15.3.1 You shall immediately pay to the Company all fees outstanding, unpaid invoices and interest and, in respect of the Service supplied but for which no invoice has been submitted, the Company may submit an invoice, which shall be payable immediately on receipt;
15.3.2 The Company will remove your Content from the Site;
15.3.3 The accrued rights of the parties as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination shall not be affected.
15.4 In the event of you failing to pay any fee to the Company in respect of the Service (including, without limitation, you disputing payment of the fees
with your credit/debit card issuer or Bank or if your means of payment has been declined) the Company reserves the right to immediately terminate the Service and remove any or all of your Content from the Site.
15.5 The Company shall have the right, in its absolute discretion, to immediately terminate the Service and remove your Content from the Site if it reasonably believes that you have engaged in fraud or other illegal/immoral activities or have conducted yourself in a manner likely to bring the name of the Company or the Site into disrepute.
15.6 Save as otherwise provided for in this agreement any termination of the Service by the Company will take effect immediately without entitlement to a refund of fees.
15.7 The Company reserves the right, at any time, and in its sole discretion, to terminate the Service or remove the Content. In such circumstances you agree that your sole remedy will be the refund of a pro-rata proportion of the Initial Subscription Fee paid by you for the Service to the date of termination of the Service or removal of the Content.
16. ACCESS AND PASSWORDS
Your Content and access to the Site is protected by a login system. Subscribers to the Site are issued with passwords which expire at the end of their set term of use of the site. Your login details are personal to you. You may not share these with anyone else. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorised by you. If at any time you believe somebody else may know your username and password, you must notify us by e mail and request a new password. The Company reserves the right to remove your Content from the Site if we believe you are allowing a third party to use your login.
17. ASSIGNMENT
17.1 The Company may assign this agreement or any part of it to any person, firm or company .
17.2 You shall not be entitled to assign this agreement or any part of it without the prior written consent of the Company.
18. FORCE MAJEURE
The Company reserves the right to delay or defer the date of provision of the Service or to cancel this agreement or reduce the scope of the Service (without liability to you) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting suppliers, provided that, if the event in question continues for a continuous period in excess of 90 days, you shall be entitled to give notice in writing to the Company to terminate this agreement.
19. GENERAL
19.1 Each right or remedy of the Company under this agreement is without prejudice to any other right or remedy of the Company whether under the Contract or not.
19.2 If any provision of this agreement is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the agreement and the remainder of such provision shall continue in full force and effect.
19.3 Failure or delay by the Company in enforcing or partially enforcing any provision of this agreement shall not be construed as a waiver of any of its rights under this agreement.
19.4 Any waiver by the Company of any breach of, or any default under, any provision of this agreement by you shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of this agreement.
19.5 The parties to this agreement do not intend that any term of this agreement shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
19.6 The formation, existence, construction, performance, validity and all aspects of this agreement shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
Privacy Policy
BACKGROUND:
This Policy applies as between you, the User of this Web Site and Bishco (London) Limited trading as Sub-It.co.uk ("Sub-It") the owner and provider of this Web Site. This Policy applies to our use of any and all Data collected by us in relation to your use of the Web Site and any Services or Systems therein.
1. Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
"Account" means collectively the personal information, Payment Information and credentials used by Users to access Material and / or any communications System on the Web Site;
"Content" means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
"Members" Means members of the Sub-It website;
"Data" means collectively all information that you submit to the Web Site. This includes, but is not limited to, Account details and information submitted using any of our Services or Systems;
"Sub-It" means Bishco (London)Limited trading as Sub-It.co.uk of 15 Palmerston Road, Twickenham, Middlesex TW1 4JH
"Service" means collectively any online facilities, tools, services or information that Sub-It makes available through the Web Site either now or in the future;
"System" means any online communications infrastructure that Sub-It makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users" means any third party that accesses the Web Site and is not employed by Sub-It and acting in the course of their employment; and
"Web Site" means the website that you are currently using www.Sub-It.co.uk and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. Data Collected
Without limitation, any of the following Data may be collected:
2.1 name;
2.2 date of birth;
2.3 gender;
2.4 job title;
2.5 profession;
2.6 contact information such as email addresses and telephone numbers;
2.7 demographic information such as post code, preferences and interests;
2.8 financial information such as credit / debit card numbers;
2.9 IP address (automatically collected);
2.10 web browser type and version (automatically collected);
2.11 operating system (automatically collected);
2.12 a list of URLS starting with a referring site, your activity on this Web Site, and the site you exit to (automatically collected); and
2.13 service requirements
3. Our Use of Data
3.1 Any personal Data you submit will be retained by Sub-It for as long as you use the Services and Systems provided on the Web Site. Data that you may submit through any communications System that we may provide may be retained for a longer period of up to six months.
3.2 Unless we are obliged or permitted by law to do so, and subject to Clause 4, your Data will not be disclosed to third parties. This does not include our affiliates and / or other companies within our group, and our members of the Site.
3.3 All personal Data is stored securely in accordance with the principles of the Data Protection Act 1998. For more details on security, see clause 9 below.
3.4 Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Web Site. Specifically, Data may be used by us for the following reasons:
3.4.1 internal record keeping;
3.4.2 improvement of our products / services;
3.4.3 transmission by email of promotional materials that may be of interest to you;
3.4.4 contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customise or update the Web Site;
3.4.5 facilitating the provision of related Web Site services to you by our members.
4. Third Party Web Sites and Services
4.1 Sub-It may, from time to time, employ the services of other parties for dealing with matters that may include, but are not limited to, payment handling, delivery of purchased items, search engine facilities, advertising and marketing. The providers of such services do have access to certain personal Data provided by Users of this Web Site. Any Data used by such parties is used only to the extent required by them to perform the services that Sub-It requests. Any use for other purposes is strictly prohibited. Furthermore, any Data that is processed by third parties must be processed within the terms of this Policy and in accordance with the Data Protection Act 1998.
4.2 You hereby authorise Sub-It to disclose Data to members of the Sub-It Web Site in order to facilitate the provision to you of waste and related services by our members.
5. Changes of Business Ownership and Control
5.1 Sub-It may, from time to time, expand or reduce its business and this may involve the sale of certain divisions or the transfer of control of certain divisions to other parties. Data provided by Users will, where it is relevant to any division so transferred, be transferred along with that division and the new owner or newly controlling party will, under the terms of this Policy, be permitted to use the Data for the purposes for which it was supplied by you.
5.2 In the event that any Data submitted by Users will be transferred in such a manner, you will not be contacted in advance and informed of the changes.
6. Your Right to Withhold Information
You may access certain areas of the Web Site without providing any Data at all. However, to use all Services and Systems available on the Web Site you may be required to submit Account information or other Data.
7. Accessing your own Data
7.1 Members may access their own Account at any time to view or amend the Data and may modify or update Data if circumstances change.
7.2 You have the right to ask for a copy of your personal Data on payment of a small fee.
7.3 Non-members do not have access to their Account. If you require removal or amendment of Data, you should e-mail Sub-It on: comments@sub-it.co.uk.
8. Security
8.1 Data security is of great importance to Sub-It and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected online.
9. Changes to this Policy
Sub-It reserves the right to change this Privacy Policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Web Site and you are deemed to have accepted the terms of the Policy on your first use of the Web Site following the alterations.
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