Gary Keedy SpinScience Standard Service Terms and Conditions
Background: These Terms and Conditions are the standard terms for the provision of services by Gary Keedy SpinScience.
1. Definitions and Interpretation
1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business Day” means any day other than a Saturday, Sunday or bank holiday;
“Calendar Day” means any day of the year;
“Contract” means the contract for the provision of Services, as explained in Clause 1;
“Month” means a calendar month;
“Price” means the price payable for the Services;
“Services” means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation);
“Special Price” means a special offer price payable for Services which We may offer from time to time;
“Order” means your order for the Services [as attached]
“Order Confirmation” means Our acceptance and confirmation of your Order as described in Clause 2;
“We/Us/Our” means Gary Keedy SpinScience and includes all employees and agents of Gary Keedy SpinScience.
1. Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by email, text message, fax or other means.
1. The Contract
1.1 These Terms and Conditions govern the sale and provision of Services by Us and will form the basis of the Contract between Us and you. Before submitting an Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please contact Us for clarification.
1.2. Nothing provided by us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
1.3. A legally binding contract between Us and you will be created upon our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing.
2.1. All Orders for Services made by you will be subject to these Terms and Conditions.
2.2. You may cancel your Order within 7 calendar days of placing it. If you have already made any payments to Us under Clause 3, the payment(s) will be refunded to you within 7 calendar days. If you request that your Order be cancelled, you must confirm this in writing. If you wish to cancel the Order or the Services after this time period, please refer to Clause 7.
2.3. We may cancel your Order at any time before We begin providing the Services in the following circumstances:
2.3.1. The required personnel and/or required materials necessary for the provision of the Services are not available; or
2.3.2. An event outside of Our control continues for more than 14 calendar days (please see Clause 6 for events outside of Our control).
2.4. If We cancel your Order before We begin providing the Services under sub-Clause 2.3. and you have already made any payments to Us under Clause 3 the payment(s) will be refunded to you within 7 calendar days. We shall not be responsible for any other costs, reimbursements, damages (direct or indirect), or any other losses arising from such cancellation by us.
2.5. If We cancel your Order, the cancellation will be confirmed by Us in writing.
3. Price and Payment
3.1. The Price of the Services will be that shown in Our Order Confirmation.
3.2. If We agree a Special Price in Our Order Confirmation which is different to the price shown in Our current price list, the Special Price will be valid for that time agreed on the Order only.
3.3. Our Prices may change at any time but these changes will not affect Orders that We have already accepted.
3.4. Before We begin providing the Services, you will be required to pay the full amount of the total Price for the Services. We accept the following methods of payment:
3.4.3. BACS transfer to nominated bank account
4. Problems with the Services
4.1. As a consumer, you have certain legal rights with respect to the purchase of services. We are, for example, required to provide the Services with reasonable care and skill. You also have remedies if We use materials that are faulty or incorrectly described. More information on your rights as a consumer can be obtained from your local Citizens Advice Bureau or from the Office of Fair Trading.
5. Our Liability
5.1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious and direct consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.
6. Events Outside of Our Control (Force Majeure)
6.1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our control.
6.2. If any event described under this Clause 6 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
6.2.1. We will inform you as soon as is reasonably possible;
6.2.2. Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
6.2.3. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary or possible;
6.2.4. If the event outside of Our control continues for any period that makes it impossible, for any reason, for us to provide the Services, the Contract will be cancelled at our entire discretion and you will be entitled to any refund of any fees already paid.
7.1. If you wish to cancel your Order for the Services before the Services begin, you may do so under sub-Clause 2.2.
7.2. At least 72 hours notice must be given in writing for cancellation of a session. Failure to do so will result in Us claiming any facility hire charge incurred for the session with the difference being refunded.
7.3. At least 24 hours notice must be given in writing by Us for cancellation of a session. Failure to do so means We are obliged to provide and alternative session at a time mutually agreed by both parties.
8. Communication and Contact Details
8.1. If you wish to contact Us you may do so by email.
8.2. In certain circumstances you must contact Us in writing (when cancelling an Order, for example, or exercising your right to cancel the Services). When contacting Us in writing you may use the following methods: Contact Us by email.
9. How We Use Your Personal Information (Data Protection)
9.1. All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
9.2. We may use your personal information to:
9.2.1 Provide Our Services to you.
9.2.2 Process your payment for the Services.
9.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
9.3 We will not pass on your personal information to any other third parties without first obtaining your express permission.
10. Other Important Terms
10.1. We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
10.2. You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
10.3. 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 and Conditions.
10.4. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
10.5. No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
11. Governing Law and Jurisdiction
11.1. These Terms and Conditions (and the Contract) (including any noncontractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
11.2. Any dispute, controversy, proceedings or claim between Us and you relating to these Terms and Conditions (or the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the non-exclusive jurisdiction of the courts of England and Wales.