1. Our Contract
1.1 These Terms and Conditions govern the supply of consultancy services provided by Soakaway Solutions Ltd (No. 10989733) of 374 Ashby Road, Coalville, Leicestershire LE67 3LE (hereinafter ‘we’ and ‘us’) to the customer (hereinafter ‘you’). Our VAT number is 280070333 .
1.2 All orders placed by you and purchases of consultancy services from us (whether by telephone, via our website or by such other means as we may permit) are on the basis of these Terms and Conditions and are subject to acceptance by us either (as applicable): (i) by delivery of the consultancy services to you as direct result of a website purchase; or (ii) by providing the consultancy services that you have commissioned by or company either face to face, over the telephone or by any other form of written agreement, at which point a legally binding contract is constituted between us.
1.3 The processing of your payment and acknowledgement of your order does not constitute legal acceptance of your order.
2.1 On our website, you may place an order to purchase a consultancy design service advertised for sale by following the on-screen prompts after clicking on the item you wish to purchase. You will have an opportunity to check and correct any input errors in your order up until the point at which you place your order by continuing beyond checkout and subsequent payments pages.
2.2 All orders placed by you and purchases of consultancy services by you from us are subject to acceptance by us (as described in clause 1.2). We may choose not to accept your order or purchase for any reason and will not be liable to you or to anyone else in those circumstances.
2.3 Where we accept your order, we have a legal duty to supply consultancy services in a 'reasonable time frame' that are in conformity with these Terms and Conditions.
3. Price & Payment
3.1 The price payable for the consultancy services you order are as set out on our website at the time you submit your order. All prices include the current applicable VAT rate.
3.2. We reserve the right to change the price of our services, at any time due to market conditions but we will confirm the prevailing price with you before accepting your order or purchase. We are not obliged to accept your order or purchase for such service(s) and may decline it or limit the order quantity.
3.3 Occasionally, we advertise services at a promotional price; you must quote the relevant promotion code, otherwise you may be charged the full price.
3.4 Occasionally, an error may occur and services may be either incorrectly priced or described in which case we will not be obliged to provide the service at the incorrect price or in accordance with the incorrect description or at all. We reserve the right to correct any errors from time to time. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price or correct description. If we are unable to contact you or you do not wish to continue with the order at the correct price or correct description, we will cancel your order and refund the price you have paid.
3.5 We must receive payment for the entire price of the service you order, before it can be processed, unless we have agreed otherwise in advance in writing.
3.6 For website orders, payment can be made by most major credit or debit cards or by PayPal, by completing the relevant details on the checkout page.
3.7 By using a credit/debit card to pay for your order or purchase, you confirm that the card being used is yours or that you are authorised to use it.
3.8 All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of the card refuses to authorise payment we will not accept your order or purchase, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for the item not being delivered or provided to you. We are not responsible for the card issuer or bank charging the holder of the card as a result of our processing of your credit/debit card payment in accordance with your order or purchase.
3.9 We recommend that you do not communicate your payment card details to anyone, including us, by email. Subject to clause 9.5, we cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.
3.10 If you are a trade customer, you are responsible for all orders placed by your employees and for any purchases made on cards issued to you and we are not bound by any individual order limit you may impose on your employees.
3.11 If you are a trade customer, you may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counterclaim, which you may have, or allege to have.
3.12 We shall be entitled at all times to set off any debt or claim which we may have against you against any sums due from us to you.
3.13 The format of our invoice and statements to you will solely be dictated by us and we will not enter into any variation of our format unless any proposed variations are requested in writing at least six months in advance and expressly agreed by us.
3.14 In the event of non-payment of invoices for consultancy services rendered, we reserve the right to add reasonable administration charges for costs incurred in the process of recovering any outstanding money owed. This is in addition to any fees or interest amounts which can be added under the Late Payment of Commercial Debts (Interest) Act 1998.
4. Delivery & Title
4.1 We aim to deliver consultancy service(s) in accordance with your order, usually within the stated anticipated time frame (except in exceptional circumstances). Depending on the complexity of the project, consultancy services will usually provided with a 7-14 working day period. Complex schemes or those that require input from third parties may be significantly longer and we will advise of this during the design process.
4.2 Before placing your order, please ensure that you are familiar and comfortable to our anticipated project delivery timescales.
5. Contact Details
5.1 If you wish to place an order, cancel or discuss your order, or make a complaint with respect to your order, please contact us by post at Soakaway Solutions Ltd 374 Ashby Road, Coalville, Leicestershire LE67 3LE, by phone on 07825 187719, or by email at firstname.lastname@example.org.
6. Cancellation, Returns & Refunds
6.1 You may cancel your order up to the point in which you have supplied us with the necessary information to complete your project. Should you fail to provide the necessary information within 7 days of purchase we will write to you cancelling your order.
6.2 Once we have informed you that we have the necessary information to complete consultancy services on your behalf, cancellation will no longer be possible and no refunds will be provided.
6.3 To exercise your right to cancel, you must do this in writing by emailing email@example.com or by writing to 374 Ashby Road, Coalville, Leicestershire LE67 3LE.
6.4 Following cancellation, subject to clause 6.2, we will refund you the price paid for the cancelled order (or part of the order cancelled). We will pay the refund within 14 days after the day:
6.4.1 you notified us to cancel your order
6.5 We will refund you using the same means of payment as you used to pay for your order or purchase.
Legal Rights as a Consumer
6.6 The provisions of this clause 8 do not affect your legal rights if you are a consumer.
7.1 If you purchase services from us as a consumer (which means anyone who acts outside the course of their business, trade or profession), to the extent not prohibited by law, we accept no liability for any:
7.1.1 loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our contract)
7.1.2 loss which arises when we are not at fault or in breach of these Terms and Conditions;
7.1.3 business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses, as well as business interruption);
7.1.4 Loss that may arise from errors shown on third party information or any other information provided to the company to produce consultancy services.
7.2 If you are a trade customer, we shall have no liability to compensate you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund we make under these Terms and Conditions or otherwise at our discretion.
7.3 Without prejudice to clause 7.2, if you are a trade customer, we shall not be liable to you(whether in contract, tort (including negligence), breach of statutory duty or otherwise)for any: (i) loss of profits, business, contracts, goodwill, business opportunity and other similar losses, or any business interruption; or (ii) indirect or consequential loss, neither will we be liable to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties.
7.4 If you are a trade customer, you acknowledge and agree that these Terms and Conditions constitute the entire and only agreement between us.
7.5 Nothing in these Terms and Conditions is intended to affect your legal rights if you are a consumer, nor is it intended to exclude or limit our liability to you for fraud, fraudulent misrepresentation, for death or personal injury resulting from our negligence or for any other liability which cannot be limited or excluded as a matter of applicable law.
8.1 We may suspend or terminate our contract to supply consultancy services by notice in writing to you if you are in breach of an obligation here-under or you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets. Upon termination, any payments you owe to us (even if they are not yet due for payment) will be immediately due and payable and we shall be under no further obligation to supply services to you.
9. Events beyond Our Control
9.1 We shall have no liability to you for any failure or delay in supply or delivery of services here-under or for any other liability, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, mechanical failures, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition or restrictions of imports or exports).
10.1 If any provision of these Terms and Conditions (including any provision in which we exclude or limit our liability to you) is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected. Our contract shall be governed by and interpreted in accordance with English law.