Legal
This website is provided by MFX BIO TECH LTD, a company registered in England and Wales with registered number 07903219 and whose registered office is at Unit 2 Beverley Court 26, Elmtree Road, Teddington, TW11 8ST. In this privacy policy “MFX”, “us” or “we” shall mean MFX BIO TECH LTD.
By accessing, browsing and/or using this website, you agree to these Terms and Conditions. If you do not agree, do not access, browse or use this website.
If you are currently a party to a formal purchase agreement with us the terms of that agreement will supersede any of these Terms and Conditions to the extent of any inconsistency.
Although great care has been taken in preparing the information contained in this website, its contents are provided on an “as is” basis and MFX BIO TECH LTD makes no representation, warranty or guarantee regarding their accuracy, correctness, completeness or fitness for purpose and hereby expressly disclaim to the fullest extent permitted by law any liability or responsibility for any loss or damage resulting from use of or reliance upon information, data or opinions contained herein.
Privacy
The following describes our practices regarding any personal information that you provide to us through our website, mfxbiotech.com. Please take a moment to read this policy.
From time to time we may need to make changes to this privacy policy and the Terms and Conditions of use of this website. This may happen as the result of government regulation, new technologies, or other developments relevant to data protection. We advise you to regularly review this policy when you visit the website to learn more about how we safeguard your privacy.
COLLECTION AND USE OF YOUR PERSONAL INFORMATION
We will only collect personal information from you which you have voluntarily provided by completing an enquiry form on the website and/or which you have sent to us via email. If you provide us with your contact details, we may contact you to request further information.
If you do not want your personal data collected or used, please do not submit your data to us.
You agree that we may obtain, hold and use the personal information you provide for the purposes of providing you with our services and ancillary services (the “Purposes”). The Purposes include, without limitation:
Storing and processing information to better understand your needs and personalising and improving the website and our products and services;
To respond to any enquiries you have made;
To conduct surveys or promotions;
Contacting you if we change our products and services or terms or if we need to give you notice of those terms;
For the purpose of marketing our other products and services to you (by post, telephone, fax, email or other available method) unless you indicate or subsequently notify us that you do not wish to receive such material;
For the prevention of fraud;
For any purpose required by law or regulatory authorities;
For our billing or accounting purposes.
You consent to the transfer of your personal information to countries outside the European Economic Area (which countries may not provide the same protection for your personal information as the UK), in the event that the processing of your personal information involves such a transfer.
SHARING YOUR INFORMATION
We do not share, sell or distribute personal data to or with third parties unless:
The transfer of your data to third parties is strictly necessary for the performance of the Purposes;
You have consented to this; or
It is required to enforce or apply our terms and conditions or other agreements, or to protect the rights, property or safety of MFX, our clients or others (this includes exchanging information with other companies and organisations for fraud protection and credit risk reduction).
We may disclose, transfer, sell or assign any of the information described above, including personally identifiable information to third parties as a result of or in preparation for the sale, merger, consolidation, change in control, transfer of substantial assets, reorganisation or liquidation of MFX and you consent to such disclosure, transfer, sale or assignment.
SECURITY
We endeavour to protect the security of your personal information and to enforce your choices regarding the use to which your information is put. As you may be aware, no data transmission over the internet can be entirely secure. As a result, while we will always use reasonable endeavours to protect your personal information, we cannot guarantee that any information you submit to us will be free from unauthorised third party use or intrusion. Therefore, we cannot guarantee the security of your personal information nor the use of this website and accordingly we do not accept any responsibility for any damage or loss caused as a result.
We cannot guarantee that the website is free from viruses or malicious codes and accordingly we do not accept any responsibility for any damage or loss caused by any such viruses or codes. You agree that it is your responsibility to satisfy yourself that your own information technology / equipment you use to access the website is protected against such viruses and/or codes.
MONITORING EMAILS
We may monitor and/or keep records of email communications which you send to us in the interests of our business and in accordance with this policy.
COMMENTS
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. After approval of your comment, your profile picture is visible to the public in the context of your comment.
MEDIA
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website may be able to download and extract any location data from images on the website.
LINKS TO OTHER WEBSITES
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
Please be aware that we are not responsible for the policies, practices or security of such other websites. When you leave the website you should ensure that you read the privacy policies of websites you visit.
HOW LONG WE RETAIN YOUR INFORMATION
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
YOUR RIGHTS
In addition to our safeguards as detailed above, your personal data is protected in the UK by the Data Protection Act. This provides amongst other things that the data we hold about you should be processed lawfully and fairly. It requires that information we hold should be accurate, relevant and not excessive and that the information should, where necessary, be kept up to date and not retained for longer than is necessary. For further information on the Data Protection Act and the Information Commissioner please follow this link.
ACCESSING PERSONAL INFORMATION
You can ask to review the personal information we hold about you and ask us to change or delete any of this information. You can do this by contacting us by email or post at the addresses shown below. We may charge a small administration fee of £10 in relation to any requests for access to personal information.
Please help us keep your personal information current and accurate by contacting us if your personal information becomes out of date. If you have any queries please contact us by writing to MFX at the above address or by using our contact form.
E-COMMERCE: DATA WE COLLECT
We collect information about you during the checkout process on our store. If you visit our shop, we’ll track:
Products you’ve viewed: we’ll use this to, for example, show you products you’ve recently viewed;
Location, IP address and browser type: we’ll use this for purposes like estimating taxes and shipping;
Shipping address: we’ll ask you to enter this so we can, for instance, estimate shipping before you place an order, and send you the order!
We’ll also use cookies to keep track of basket contents while you’re browsing our site.
When you purchase from us, we’ll ask you to provide information including your name, billing address, shipping address, email address, phone number, credit card or payment details and optional account information like username and password. We’ll use this information for purposes including:
To send you information about your account and order;
Respond to your requests, including refunds and complaints;
Process payments and prevent fraud;
Set up your account for our store;
Comply with any legal obligations we have, such as calculating taxes;
Improve our store experience and offering;
Send you marketing messages, if you choose to receive them.
If you create an account, we will store your name, address, email and phone number, which will be used to populate the checkout for future orders.
We generally store information about you for as long as we need the information for the purposes for which we collect and use it, and we are not legally required to continue to keep it. For example, we will store order information for up to 7 years for tax and accounting purposes. This includes your name, email address and billing and shipping addresses.
We will also store comments or reviews, if you choose to leave them.
E-COMMERCE DATA: WHO HAS ACCESS?
Members of our team have access to the information you provide us. For example, both Administrators and Shop Managers can access:
Order information such as what was purchased, when it was purchased and where it should be sent;
Customer information such as your name, email address, and billing and shipping information.
Our team members have access to this information to help fulfil orders, process refunds and to support you.
E-COMMERCE DATA: WHAT WE SHARE WITH OTHERS
We share your payment data with Stripe in order to process payments. We share shipping data with our carriers in order to deliver your goods.
When shopping, Mailchimp keeps a record of your email and the cart contents for up to 30 days on their server. This record is kept to repopulate the contents of your cart if you switch devices or needed to come back another day. Read their privacy policy here.
For further information about cookies and how to disable them please go to aboutcookies.org.
Modern Slavery and Human Trafficking Policy
DEFINITIONS
MFX considers that modern slavery encompasses:
Human Trafficking;
Forced work, through mental or physical threat;
Being owned or controlled by an employer through mental or physical abuse or threat of abuse;
Being dehumanised, treated as a commodity or being bought or sold as property;
Being physically constrained or have restriction placed on freedom of movement.
COMMITMENT
The Group acknowledges responsibilities in relation to tackling modern slavery and commits to complying with the provisions set out in the Modern Slavery Act 2015 in that we do not trade with or support in any way any organisation, in the United Kingdom or overseas, which knowingly supports or is found to involve itself in slavery, servitude and forced or compulsory labour.
No labour provided to the Group in the pursuance of the provision of its own services is obtained by means of slavery or human trafficking. The Group strictly adheres to the minimum standards required to its responsibilities under the relevant employment legislation.
SUPPLY CHAINS
We have zero tolerance to slavery and human trafficking. We expect all those in our supply chain and contractors to comply with or own values in this regard.
POTENTIAL EXPOSURE
In general, the company considers exposure to slavery and/or human trafficking to be unlikely within our own theatre of operation. Nonetheless, we have taken steps to ensure that such practices do not take place in our own business nor the business of any organisation that supplies goods and/or services to us.
DUE DILIGENCE PROCESS FOR SLAVERY AND HUMAN TRAFFICKING
The Group has not, in its knowledge, conducted any business with any other organisation which has been found to have involved itself in modern slavery. In accordance with section 54(4) Modern Slavery Act 2015 in order to ensure that modern slavery and/or human trafficking is not taking place, where possible we build a long- standing relationship with all our local, national and international suppliers and make it clear what our expectations are in relation to their own business behaviours, we expect them to be akin to ours and for them to have their own modern slavery policy statements reflecting just that.
MEASURES
To check how effective we have been ensuring that slavery and human trafficking is not taking place in any part of our business or supply chains we use the following measures:
We have a system in place where staff are encouraged to speak-up and report any concerns they may have via a confidential email address. We very much encourage ‘whistle blowers’.
We have a vigorous Right to Work staff engagement process that is conducted before we employ staff.
We ensure minimum employment age adhered to in line with current legislation – generally all staff are 18+ years old.
We always apply national minimum wage thresholds, in line with current legislation.
Regular contact with our supply chain partners to ensure their understanding and compliance with our own expectations.
Access to online training videos for all staff so as to ensure they too know what signs to look for and how to report any concerns.
We operate a corporate social responsibility policy which incorporates our stance on modern slavery.
This policy takes into account and very much supports the policies, procedures and requirements documented within The Group management systems.
This statement is made pursuant to Section 54(1) of the Modern Slavery Act 2015 and will be reviewed each financial year.
Terms and Conditions of Sale
Sales to Consumers
WHEREAS
These Terms of Sale apply to the sale of Goods to Consumers by MFX BIO TECH LTD (“We”, “Us” or “Supplier”), a company registered in England and Wales whose registered office is at Unit 2 Beverley Court 26, Elmtree Road, Teddington, TW11 8ST to the Consumer to whom the invoice is addressed (“Consumer” or “You”).
You are deemed to have accepted these Terms and Conditions which form the basis of the Contract between us from the earlier of your acceptance of our quotation or the date of provision of the Services.
These Terms and Conditions apply to the exclusion of any other terms that the You may seek to include, impose or incorporate.
Unless the context otherwise requires the headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
DEFINITIONS AND INTERPRETATION
In these Terms of Sale unless the context otherwise requires, the following expressions have the following meanings:
“Consumer” shall bear the same meaning as set out in the Consumer Rights Act 2015;
“Contract” means a contract for the purchase and sale of Goods, as explained below;
“Goods” means the goods sold by Us through Our Website;
“Order” means your order for Goods.
“Our Website” means mfxbiotech.com and/or its subdomains.
RESTRICTIONS
Most of the goods we sell are for professional use only and so are not available to consumers / non-business users.
Consumers may only purchase Goods through Our Website if they are at least 18 years of age.
These Terms of Sale only apply to Consumers. If you are not a Consumer please consult our Business Terms of Sale below.
GOODS, PRICING AND AVAILABILITY
We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods but please note that mages of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold and images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary. This does not exclude Our responsibility for mistakes due to negligence on our part and refers only to minor variations of the correct Goods, not to different Goods altogether.
We cannot guarantee that Goods will always be available. Any stock indications provided on Our Website are an estimate and are synchronised daily to provide as near accurate stock levels at the point of purchase as possible.
Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods but any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
We make all reasonable efforts to ensure that all prices shown on Our Website are correct at the time of going online. We do reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed but please note that all prices on Our Website include VAT and if the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted.
All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of our mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 3 working days, We will treat your Order as cancelled and notify you of this in writing.
In the event that the price of Goods 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 Our Website at the time of placing your Order.
Delivery charges are not included in the price of Goods displayed on Our Website. Your delivery options and related charges will be presented to you as part of the order process.
ORDERS, PAYMENT AND DELIVERY
When we send confirmation of your Order this is to indicate that we have received your order. It does not indicate that a contract exists between us. No part of Our Website constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by our sending you confirmation of dispatch by email. Only once We have sent you a confirmation of dispatch will there be a legally binding Contract between You and Us.
Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process.
As part of our commitment to ensure your data has the best protection possible, payments are not processed on our website but are processed remotely by Stripe using best-in-class security tools and practices. Stripe has been audited by a PCI-certified auditor and is certified to PCI Service Provider Level 1. This is the most stringent level of certification available in the payments industry.
DELIVERY
We will normally deliver your Order within 5 working days.
You must inform us within two working days from receipt if the goods are lost or damaged in transit so that we can make a prompt claim against the delivery company and correct the problem. Please quote your order number in all correspondence.
You agree that proof of delivery supplied by our delivery company is sufficient evidence to establish that goods have been received. If your item is not in stock, we will back order for you. You have the option to cancel your order if you would rather not wait.
CANCELLATIONS AND RETURNS
If you are a Consumer in the European Union, you have a ‘cooling off’ period: a right to a cancel your order up to 14 days after the Order is complete. This period begins once We have sent you your confirmation of dispatch, i.e. when the Contract between you and Us is formed. You may also cancel for any reason before We send confirmation of dispatch.
If you wish to exercise your right to cancel during this period you must inform Us of your decision within the cooling-off period by emailing Us providing Us with your name, address, email address, telephone number, and Order Number. We will probably ask you why you have chosen to cancel but this is only to help us improve our goods and services. You are under no obligation tell us if you do not wish to but we really do appreciate feedback, good or bad.
Please note that you may lose your right to cancel if the Goods have been manufactured to order or if the Goods are sealed for hygiene reasons and you have unsealed them.
You must return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel your Order.
If you exercise your right to cancel during the ‘cooling off’ period you must bear the costs of returning Goods to Us. Please ensure you take out adequate insurance and we suggest You use a ‘tracked’ service to protect yourself in the event of loss or damage by your chosen carrier.
You may return Goods to Us by any suitable delivery service of your choice to an address that will be advised to you. Please make sure you have contacted us beforehand and received a returns authorisation from us before returning any Goods to us; this is to ensure we can refund you as quickly as possible after Goods are returned.
Refunds will be issued to you within 14 calendar days of the day on which We receive the returned Goods or, if We have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract. Refunds can only be made to the same payment method that you used when ordering the Goods.
LIABILITY
We only supply goods to Consumers for domestic and private use. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind including resale. We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity. See below for terms and conditions of sale to business users.
To the maximum extent permitted by law, We shall not be liable for special, incidental or consequential costs and damages or any other liabilities, whether arising out of breach of contract, warranty, tort (including negligence and strict liability) or other theories of law, with respect to product sold by Us or any undertakings, acts or omissions relating thereto. Without limiting the generality of the foregoing, We specifically disclaim any liability for property or personal injury damages, penalties, special or punitive damages, damages for lost profits or revenues, loss of use of Goods or any associated equipment, cost of capital, cost of substitute Goods, facilities or services, down-time, shut-down or slow-down costs, or for any other types of economic loss, or for claims of any third party for any such damages.
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); or for fraud or fraudulent misrepresentation.
Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a Consumer.
FORCE MAJEURE
We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemics or other natural disasters, or any other event that is beyond Our reasonable control.
OTHER TERMS
We may assign Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party without prior notice. If this happens, you will be informed by Us in writing. 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.
You may not assign your other obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
The Contract is between you and Us. It 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.
If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other competent authority, those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall remain valid and enforceable.
No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived those rights, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.
These Terms and Conditions, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
Sales to Businesses
WHEREAS
These Terms and Conditions apply to the provision of Services by MFX BIO TECH LTD (“We”, “Us” or “Supplier”), a company registered in England and Wales whose registered office is at Unit 2 Beverley Court 26, Elmtree Road, Teddington, TW11 8ST to parties which do not fall within the definition of a ‘consumer’ as set out in the Consumer Rights Act 2015 (“Customer” or “You”).
You are deemed to have accepted these Terms and Conditions which form the basis of the Contract between us from the earlier of your acceptance of our quotation or the date of provision of the Services.
These Terms and Conditions apply to the exclusion of any other terms that the You may seek to include, impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Unless the context otherwise requires the headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
SERVICES
We warrant that we will use reasonable care and skill in our performance of the Services including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify You if this is necessary.
We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as per the quotation; however, time shall not be of the essence in the performance of our obligations.
All of these Terms and Conditions apply to the supply of any goods as well as the Services unless we specify otherwise.
YOUR OBLIGATIONS
You must obtain any permissions, consents, licences or otherwise that we need and must give us access to any and all relevant information, materials, properties and any other matters which we need to provide the Services. If you do not comply with this clause we can at our sole discretion terminate the Services but You will still be liable to pay the Fees.
We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with clause 9 above.
FEES
The fees (Fees) for the Services are as described in our quotation, contract or invoice.
In addition to the Fees, we can recover from You the cost of services or materials required for the performance of the Services provided by third parties which We agree with You.
You must pay us for any additional services We provide that are not specified in any quotation in accordance with our then applicable rates in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 12 also apply to these additional services.
The Fees are exclusive of any applicable VAT and other taxes or levies imposed or charged by any competent authority.
CANCELLATION AND AMENDMENT
We at our sole discretion can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started within a period of 14 days from the date of the quotation.
If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use our reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to You.
If, due to circumstances beyond our control, including those set out below, we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
PAYMENT
We will invoice you for payment of the Fees either:
a) when we have completed the Services, or
b) on the invoice dates set out in the quotation (or as otherwise agreed between us in writing).
You must pay the Fees due in accordance with the payment terms stated on our invoice or otherwise in accordance with any other credit terms (the ‘Payment Terms’) agreed in writing between us.
Time for payment shall be of the essence of the Contract.
Without limitation to any other rights or remedies we have for statutory interest, if you do not pay according to the Payment Terms, we will charge you interest at the rate of 8% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and You may not apply any credit, set-off or counterclaim against Us in order to justify withholding payment of any such amount in whole or in part.
If you do not pay according to the Payment Terms we can suspend any further provision of the Services and cancel any future services which have been ordered by or otherwise arranged with You.
Receipts for payment will be issued by us only at your request.
All payments must be made in Pounds Sterling by bank transfer unless otherwise agreed in writing between us.
We may appropriate any payment made by You and apply it in total or partial satisfaction of any sum due from You to Us.
SUBCONTRACTING AND ASSIGNMENT
We can at any time assign, transfer, charge, subcontract or deal in any other manner with any or all of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
You must not without our prior written consent assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.
TERMINATION
We can terminate the provision of the Services immediately if you:
a) commit a material breach of your obligations under these Terms and Conditions; or
b) fail to make pay any amount due under the Contract on the due date for payment; or
c) are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of an insolvent debtor; or
d) enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors.
INTELLECTUAL PROPERTY
Unless agreed otherwise in writing we reserve all copyright and any other intellectual property rights of any kind which may subsist in any goods or materials supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
LIABILITY AND INDEMNITY
Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited to the total amount of Fees payable by you under the Contract.
We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
a) any indirect, special or consequential loss, damage, costs, or expenses or,
b) any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third-party claims; or
c) any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
d) any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
e) any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
FORCE MAJEURE
None of the parties shall be responsible to any other party for any delay in performance or non-performance due to any causes beyond the reasonable control of the parties hereto, but the affected party shall promptly upon the occurrence of any such cause so inform the other parties in writing, stating that such cause has delayed or prevented its performance hereunder and thereafter such parties shall take all action within their power to comply with the terms of this Agreement as fully and promptly as possible. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
COMMUNICATIONS
All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
Notices shall be deemed to have been duly given:
a) when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
b) when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
c) on the fifth Business Day following mailing, if mailed by national ordinary mail; or
d) on the tenth Business Day following mailing, if mailed by airmail.
A Business Day means any day other than a Saturday, Sunday or public holiday in England and Wales.
All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
NO WAIVER
The failure of any party at any time to enforce any of the terms, provisions or conditions of this Agreement or to exercise any right hereunder shall not constitute a waiver of the same or affect that party’s rights thereafter.
SEVERABILITY
If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions which will remain valid and enforceable.
LAW AND JURISDICTION
This Agreement is governed in all respects in accordance with English Law and shall be construed and take effect as an Agreement made in England. All disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English courts.
ENTIRE AGREEMENT
You acknowledge that these Terms and Conditions and our quotation form the entire agreement between us regarding provision of the Services and that you have not relied on any statement, promise or representation made or given by or on our behalf unless such representations or statements are annexed to these Terms and Conditions and signed by both parties.