Terms and Conditions
Where the context admits: “We” & “Us” includes Cater Bearwood Ltd Registered in England and Wales: Company Number: 6054759 of: 3 Kingston Road, Exmouth, EX8 2LU, United Kingdom or any party acting on Cater Bearwood Limited implicit instructions. “You” includes the person purchasing the Services or any party acting on the customer’s instructions.
The relationship entered into between you and us is governed by these following terms, which shall apply during, and where necessary after, the period of the commercial relationship between you and us.
1.Payment
1.1. All charges payable by you for the Services shall be in accordance with the scale of charges and rates accepted in the proposal, errors and omissions excepted and shall be due and payable in accordance with 1.3 unless otherwise stated in the proposal.
1.2. We reserve the right to change pricing at any time although all pricing is guaranteed for any pre-payment.
1.3. Payment is due within 30 days of the date of invoice.
1.4. All payments must be in UK Pounds Sterling.
1.5. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a “returned cheque” charge of £25.
1.6. Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled but not obliged forthwith to suspend the provision of Services to you.
2.Termination and Refunds
2.1. We shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you If you:
2.1.1. fail to pay any sums due to us as they fall due.
2.1.2. break any of these terms and conditions.
2.1.3. are a company and you go into liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors.
2.2. No refunds will be made under any circumstances for Services suspended in accordance with 2.1.
2.3. We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this You will be entitled to a pro rata refund based upon the remaining period of prepayment.
2.4. On termination of this Agreement or suspension of the Services we shall be entitled immediately to stop access to any of our systems and to remove all data located on any of our Servers.
3.Indemnity
3.1. You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to You, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of any of the terms of this Agreement.
4.Limitation of Liability
4.1. All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded to o the extent applicable under UK law, subject always to sub clause 4.2.
4.2. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
4.3. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
4.4. In any event no claim shall be brought unless you have notified us of the claim within one month of it arising.
4.5. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
5. Notices
5.1. Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error-free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
6. Non-Waiver
6.1 Any forbearance or failure by us to enforce a contractual provision to which you are subject shall not affect our right to require such performance at any subsequent time, nor shall the waiver or forbearance by us of any breach of any provisions of the agreement herein be taken to be or held to be a waiver of the provision or provisions itself of themselves.
7. Law
7.1. This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the exclusive jurisdiction of the English courts.
8. Headings
8.1. Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
9. Entire Agreement
9.1. These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you confirm that you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.