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Terms and Conditions
...of
the use of this website
...for the
provision of consultancy services
...relating to
provision of training, seminars and other presentations
Terms and
Conditions of the use of this website
Note: This website
www.businessforbusiness.co.uk and other websites owned or
operated by business for business are referred to in this
document as the Site
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Business for Business Internet
Marketing Limited.
Registered address:
Unit 14, Seaway Parade, Baglan Energy park, Port Talbot SA12
7BR.
Registered in England and Wales Nº
06225488
Vat no. GB 978 3981 45
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Privacy Policy
Please see our
privacy policy
statement
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Use of the Site
You may access the Site solely
for your own personal use. You must not use any content of
the Site for any commercial or illegal purpose.
By submitting any material to us, you acknowledge that we
may copy, modify, distribute or create a derivative work
from the Material in any manner that we shall determine. You
will indemnify us if any third party takes action against us
in relation to the Material.
We reserve the right to suspend the Site at any time for
operational, regulatory, legal or other reasons.
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Intellectual Property Rights
The Site and its content are
protected by intellectual property rights, including
copyright and trade marks. Except as expressly authorised by
us or relevant parties, you agree not to copy, download,
adapt, alter, modify, rent, lease, loan, sell, distribute or
create derivative works of any content of the Site, in whole
or in part.
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Disclaimers
Your use of the Site is at your sole risk. The Site is
provided on an "as is" and "as available" basis and we do
not guarantee that the Site will be suitable for your
purposes or requirements. If your computer does not support
relevant technology, you may not be able to use certain
services or access certain information on the Site. The Site
is accessed via the World Wide Web which is independent of
us. Your use of the World Wide Web is solely at your own
risk and subject to all applicable national and
international laws and regulations. We shall have no
responsibility for all information or service obtained by
you on the World Wide Web. The content of the Site has been
compiled from a variety of sources and is subject to change
without notice. We use reasonable care in compiling and
presenting the content of the Site, but we give no guarantee
that the content is complete, accurate, error or virus free
or up to date. So far as permitted by law, we disclaim all
warranties, conditions and other terms of any kind, whether
express or implied, whether in contract, tort (including
liability for negligence) or otherwise, including, but not
limited to any implied term of satisfactory quality, fitness
for a particular purpose, and any standard of reasonable
care and skill.
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Limitation of Liability
Business for Business Internet
Marketing Limited shall not be liable, to the fullest extent
permitted by applicable law, for any damages that may result
from the use or non-use of any of the content of this
website.
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General Information
Business for Business Internet
Marketing Limited website www.businessforbusiness.co.uk is
provided for the purposes of our Clients seeking information
regarding our products and services. It does not at this
time offer for sale specific items or currently trade
online.
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Governing Law
This Agreement, all matters regarding the interpretation or
enforcement of it, and any other matters or disputes arising
in connection with it or its subject matter, including the
Consultancy Services (see below) shall be governed by
English law and the parties hereby submit to the exclusive
jurisdiction of the English courts.
Terms and Conditions
for the provision of services
The services
referred to in these terms and conditions are provided by
Business for Business Internet Marketing Limited of Unit 14, Seaway
Parade, Baglan Energy Park, Port Talbot. Registered in England and Wales No. 06225488
Vat no GB 978 3981 45
1. SCOPE OF
CONTRACT
1.1 The terms
and conditions set out in this Agreement and the proposal shall
govern the contract between Business for Business Internet
Marketing Limited and the Client for the provision of the
Consultancy Services.
1.2 Including
to the exclusion of all other terms and conditions, any oral or
written quotation, purchase order, acceptance or acknowledgement
of an order by the Client, any specification not set out in this
Agreement or any other document (whether or not referred to in
this Agreement) or any purported attempt by the Client to impose
or incorporate its own terms and conditions.
1.3 All
drawings, descriptive matter, specifications, advertising and
promotional material issued by Business for Business Internet
Marketing Limited and any descriptions or illustrations contained in
Business for Business Internet Marketing Limited Website or
brochures are issued or published for the sole purpose of giving
an approximate idea of the Consultancy Services described in
them, and shall not form part of this Agreement.
1.4 In this
Agreement: (i) any terms in the singular shall include the
plural and vice versa; (ii) the words “include” “including” “in
particular” or “excluding” or the like will not be construed as
a terms of limitation, (iii) any reference to a "Clause" means a
clause of this Agreement; (iv) the headings are included for
convenience only and may not be used in construing or
interpreting this Agreement.
1.5
“Consultancy Services” means the service to be provided by
Business for Business Internet Marketing Limited to the Client as
described in the Proposal, and "Deliverables” means those
documents or forms of information or delivery to be provided in
the Service, again as set out in the Proposal.
1.6 “Client”
means where the Client is an individual or individuals, business
or businesses, for profit or not-for-profit, private or public
who employs or contracts the services of Business for Business
Internet Marketing Limited. “Business” means where the Client is
either (i) a company, partnership or sole trader or (ii)
individual(s) acting other than as Consumers, who, for example,
are requesting the Service as they are marketing a website for
whatever purpose.
1.7 "Customer" refers the
customers of the client, and is also used interchangeably when
referring to websites as "users" whether commercial or
otherwise.
2.
QUOTATIONS
2.1 The parties
confirm that all quotations provided by Business for Business
Internet Marketing Limited are not an offer capable of acceptance.
Each order for Consultancy Services on the basis of the Proposal
placed by the Client shall be deemed to be an offer by the
Client to purchase the Consultancy Services subject to this
Agreement. No such order placed by the Client shall be deemed to
be accepted by Business for Business Internet Marketing Limited
until a written confirmation of the order is sent to the Client.
This will normally be in the form of an email although this may
be subject to change in individual circumstances.
2.2 Unless
previously withdrawn or Business for Business Internet Marketing
Ltd specify otherwise in writing, quotations are valid for a
period of 90 days only from the date of issue. If, after such a
period, Business for Business Internet Marketing Ltd, at their
discretion or at the Client's request, agrees to supply the
Consultancy Services detailed in such a lapsed quotation this
Agreement shall apply thereto.
3.
PERFORMANCE
3.1 Business
for Business Internet Marketing Ltd will use reasonable
endeavours to perform the Consultancy Services and deliver the
Deliverables to the Client by or within any date or period
agreed in writing, but such dates or periods are estimates only
given in good faith and Business for Business Internet Marketing
Ltd will not be liable for any failure to complete or deliver by
such dates or within such periods. Time for performance of the
Consultancy Services or delivery of the Deliverable will not be
of the essence nor be made of the essence by notice. In any
event, or if no dates or periods are so specified, performance
or delivery will be within a reasonable time.
3.2 Where the
Client wishes to change the scope of the Consultancy Services or
any Deliverables, including any dates for performance or
delivery it shall put such request in writing to Business for
Business Internet Marketing Ltd. Business for Business Internet
Marketing Ltd shall confirm in writing whether it will be able
to comply with the request and set out any changes to the Fees
or dates of performance or delivery. This will normally be in
the form of an email. For the avoidance of doubt, although
Business for Business Internet Marketing Ltd will endeavour to
comply with reasonable requests by the Client for such changes,
it shall not be under any obligation to do so.
3.3 The Client
shall provide Business for Business Internet Marketing Ltd with
such information, cooperation, assistance and access to the
pertinent information, at the Client’s cost, as Business for
Business Internet Marketing Ltd may reasonably require in
connection with the provision of the Consultancy Services.
Business for Business Internet Marketing Ltd will not be
responsible for any delays as a result of the Client’s breach of
this Clause. For example if the Client delays giving Business
for Business Internet Marketing Ltd access to the relevant
information required for Business for Business Internet
Marketing Ltd to perform the Consultancy Services then delays or
changes to dates previously agreed may be unavoidable.
3.4 Neither
party shall be liable for any breach of its obligations under
this Agreement due to any cause beyond its reasonable control
(“force majeure”) provided the party concerned has acted
reasonably and prudently to prevent and to minimise the effect
of such causes. For the avoidance of doubt where the Client
suffers a force majeure event, the Client shall still be liable
to pay any Fees which become due and payable for Consultancy
Services provided by Business for Business Internet Marketing
Ltd during the event of force majeure and where Business for
Business Internet Marketing Ltd suffers a force majeure event,
the Client shall not be liable to pay for any Consultancy
Services not provided by Business for Business Internet
Marketing Ltd. Should an event of force majeure continue without
interruption for 3 months or more, then either party may by
notice to the other, cancel this Agreement without incurring any
liability for any resulting loss or damage.
4. CLIENT'S
INSTRUCTIONS
4.1 If
Consultancy Services are carried out to a specification, design
or other instruction supplied by the Client or any third party
on the Client’s behalf then:
(i) the Client
will be solely responsible for the suitability and accuracy of
such specification, design or other instruction; and
(ii) the Client
warrants to Business for Business Internet Marketing Ltd that
Business for Business Internet Marketing Ltd’ use of, or its
acting upon, such specification, design or other instruction
will not infringe any rights of any third party;
(iii) the
Client will reimburse Business for Business Internet Marketing
Ltd for any loss damage or expense Business for Business
Internet Marketing Ltd may incur as a result of any claim made
against Business for Business Internet Marketing Ltd in relation
to such specification, design or other instruction and/or
Business for Business Internet Marketing Ltd’ use of it,
including any compensation paid to a third party and Business
for Business Internet Marketing Ltd associated legal costs.
5. SAFETY
5.1 The Client
undertakes that it will at all times provide a safe environment
for any of Business for Business Internet Marketing Ltd’
employees, agents or sub-contractors who pursuant to providing
the Consultancy Services attend their premises or any other
premises which are under the Client’s ownership and/or control.
The Client will comply with all statutory or other regulations
and codes of practice in connection with such premises.
5.2 Where the
provision of the Consultancy Services involves Business for
Business Internet Marketing Ltd working on or with any materials
provided by the Client, it is a fundamental condition of this
Agreement that the Client shall ensure that such hardware,
equipment or other materials shall not present either on their
own or when handled in any manner which should be reasonably
anticipated by the Client, any hazardous situation whether to
Business for Business Internet Marketing Ltd, its employees,
agents or sub-contractors, or otherwise. In particular the
Client shall immediately inform Business for Business Internet
Marketing Ltd of any suspected hazard including but not limited
to those of a radioactive, explosive, toxic, carcinogenic,
biological environmental or other nature. If any such hazards
are identified during the course of the provision of the
Consultancy Services Business for Business Internet Marketing
Ltd reserves the right to terminate this Agreement immediately.
Any costs or expenses incurred by Business for Business Internet
Marketing Ltd up to the date of such termination and all loss or
damage resulting from Business for Business Internet Marketing
Ltd exposure to any such hazard (including the Fees for any
Consultancy Services provided up to the time of termination)
shall be payable by the Client.
5.3 The Client
will reimburse Business for Business Internet Marketing Ltd and
Business for Business Internet Marketing Ltd’ employees, agents
and sub-contractors, in respect of any loss, damage, expense,
claim or injury it may suffer as a result of any breach of this
Clause 5.
6.
CONFIDENTIALITY
6.1 Each party
shall keep strictly confidential all information concerning the
business of the other party (including any trade secrets and
Intellectual Property Rights (patents, trade marks, registered
designs and applications for same, copyright, design rights,
knowledge and know-how, techniques, professional or proprietary
practices, trade and business names and any other similar
protected rights in any country) received from or on behalf of
the other party, or otherwise relating to this Agreement, and in
each case which is of a secret or confidential nature
(“Confidential Information”).
6.2 Each party
undertakes to only use the other party’s Confidential
Information for the purposes envisaged by this Agreement.
Business for Business Internet Marketing Ltd shall only disclose
the Client’s confidential information to such of its employees,
agents and sub-contractors who have a reasonable need to know
the same, and who are subject to a written equivalent obligation
of confidentiality.
6.3 The
obligations of confidence contained in this Clause 6 shall not
apply to any Confidential Information that the recipient party
can reasonably prove
(i) was in the
public domain at the time of disclosure;
(ii) was
lawfully in its possession and was not acquired directly or
indirectly from the other party or from a third party under an
obligation of confidence (directly or indirectly) to the other
party;
(iii) is or
becomes public knowledge by act or acts other than those of such
party; and/or
(iv) is
required to be disclosed by law.
7.
TERMINATION
7.1 This
Agreement shall automatically terminate upon the complete
delivery of the Consultancy Services and/or Deliverables as set
out on the Proposal.
7.2 This
Agreement may be terminated for cause by either party in the
following circumstances, with immediate effect, from the date of
service on the other of written notice if the other party is in
breach of any material obligation under this agreement and, if
the breach is capable of remedy, that party has failed to remedy
such breach within 28 days of receipt of notice so to do.
7.3 Where the
Client is an individual or consumer, Business for Business
Internet Marketing Ltd may terminate this Agreement immediately
if a bankruptcy order is made against them (or any of them)
7.4 Either
party may terminate this Agreement if (i) an order is made or a
resolution is passed for the winding up of the other party; or
(ii) an administrator is appointed to manage the affairs,
business and property of the other party; or (iii) a receiver is
appointed of any of the other party’s assets or undertaking or
(iv) the other party makes any arrangement or composition with
its creditors or makes an application to a court of competent
jurisdiction for the protection of its creditors in any way.
7.5 Without
prejudice to any other of its rights or remedies, upon
termination, the Client shall immediately pay the Fees for
Consultancy Services performed up to the time of termination
provided that any Deliverables completed, or part completed or
evidence and/or content of progress of consultancy activities
will be provided to the Client.
8. FEES AND
PAYMENT
The Fees shall
be calculated as set out in the Proposal, and, if not set out on
the Proposal, calculated in accordance with Business for
Business Internet Marketing Ltd’ then current rates.
8.1 Unless
otherwise agreed by Business for Business Internet Marketing Ltd
in writing, invoices shall be rendered at Business for Business
Internet Marketing Ltd’s discretion either on completion of the
Consultancy Services or at intervals during the performance of
the Consultancy Services.
8.2 Invoices
are payable by the date for payment as set out on that invoice.
8.3 Without
prejudice to any other rights of Business for Business Internet
Marketing Limited, in the event that the Client/Account Client is in
breach of any of the payment terms contained in this Agreement
Business for Business Internet Marketing Limited reserves the
right to charge interest upon the sum outstanding and overdue
for more than thirty days at 8 per cent above Barclays Bank Plc
base rate per annum calculated from the due date for payment
until the date of actual payment.
8.4 Consultancy services other
than monthly maintenance or management services are subject to
advance payment of 20% of the fee charged. This includes
(but is not limited to) fees for set-up, initialisation,
research or review, authoring or similar. Advance charging
of deposits are at the discretion of Business for Business
Internet Marketing Limited.
8.5 Where
monthly management consultancy activities are supplied, monthly
management fees will be paid by regular invoice, standing order or direct debit
to Business for Business Internet Marketing Limited. By the Client
agreeing to a monthly management payment scheme the Client is
committing to paying the whole fee due for the full period of
the contract, usually one year. The Management agreement period
is not subject to cancellation once the Client has accepted and
the management period has begun. Non-payment or late payment of
monthly management fees will result in the full amount becoming
due unless by prior arrangement and agreement in writing.
8.6 Unless by prior arrangement
prices are always quoted and invoiced in GBP (£ Sterling).
Currency exchange rates on the day of invoicing apply.
8.7 Non-payment
will result in debt recovery action being taken against the
Client for the outstanding amount. The client will repay the
outstanding amount to Business for Business Internet Marketing
Limited within 14 days of receiving the invoice for the outstanding
amount. The Client will pay a late payment fee of £40.
8.8 Without
prejudice to any other rights Business for Business Internet
Marketing Limited may have, Business for Business Internet Marketing
Limited may suspend its performance of the Consultancy Services
during any period in which any invoices or other payments due
under this Agreement remain overdue including any interest
payable thereon.
9.
WARRANTIES
9.1 Business
for Business Internet Marketing Limited warrants that (subject to
the other provisions of this Agreement) it will use reasonable
skill and care in providing the Consultancy Services.
9.2 If the
performance of the Consultancy Services do not conform with the
warranty in Clause 9.1 Business for Business Internet Marketing
Limited
shall at its option either: (i) promptly carry out such
Consultancy Services to the correct standard or (ii) refund the
price of the applicable at the pro rata amount of the Fees. Such
remedy will only be available to the Client if it reports the
non-conformity with the warranty to Business for Business
Internet Marketing Limited within 1 month of receipt of the Service
and Deliverables.
9.3 If Business
for Business Internet Marketing Limited complies with Clause 9.2 it
shall have no further liability for a breach of the warranty in
Clause 9.1 in respect of such Consultancy Services. If the
Client does not report the breach of the warranty within the
time limit in Clause 9.2 it shall have no remedy.
9.4 All
warranties, conditions and other terms implied by statute or
common law (save as expressly provided in this Agreement and for
the conditions implied by section 12 of the Sale of Goods Act
1979) are, to the fullest extent permitted by law, excluded from
this Agreement.
9.5 Any
re-supplied Consultancy Services under Clause 9.2 will be
warranted on these terms.
10.
LIABILITY
10.1 Business
for Business Internet Marketing Limited accepts liability for any
loss or damage to private property, death or personal injury
caused by the Consultancy Services supplied, the negligence or
deliberate misconduct of Business for Business Internet
Marketing Limited, or any employees acting on Business for Business
Internet Marketing Limited’ behalf, provided, however that in all
cases Business for Business Internet Marketing Limited’ liability
for losses suffered by the Client shall be assessed as set out
in clauses 10.2, 10.3 and 10.4 below.
10.2The World
Wide Web is independent of Business for Business Internet
Marketing Limited. The Clients use of the World Wide Web for
business, trade or other purposes is beyond the control of
Business for Business Internet Marketing Limited and is solely at
the Client’s own risk and subject to all applicable national and
international laws and regulations. Business for Business
Internet Marketing Limited shall have no liability for any
information or service obtained on the World Wide Web, or for
gains or losses incurred by virtue of the Clients online
activities.
10.3 In any
event Business for Business Internet Marketing Limited’ total
liability to the Client shall not exceed the contract value.
10.4 In
claiming against Business for Business Internet Marketing
Limited for any such losses, the Client is expected to have acted
reasonably, for example, with regard to:
(i) how the
losses were accrued – including steps taken to mitigate or to
avoid losses occurring; &
(ii) taking
reasonable precautions to avoid loss (such as contacting
Business for Business Internet Marketing Limited promptly upon
becoming aware of an issue).
(iii) having reasonable
expectations of the outcomes or performance from any undertaking
resulting from consultancy services provided.
11. GENERAL
11.1
Sub-contracting: Business for Business Internet Marketing
Limited reserves the right to sub-contract the provision of the whole or
part of any Consultancy Services required under this Agreement
in whole or in part where specific expertise is required for the
provision of such services and provided that the subcontract
occurs without negatively affecting the provision of the
Consultancy Services and Deliverables and the rights and
remedies of the Client under the Agreement.
11.2
Assignment: Neither party may assign, transfer, or otherwise
dispose of its rights or obligations under this Agreement
without the prior written consent of the other party (not to be
unreasonably withheld or delayed).
11.3
Modification: No variation or modification of this Agreement
(including any specification of the Consultancy Services) shall
be valid unless in writing and signed by both parties.
11.4 No Waiver:
The failure of either party to require the performance of any of
the terms of this Agreement or the waiver by either party of any
default under this Agreement will not prevent a subsequent
enforcement of such term, nor be deemed a waiver of any
subsequent breach.
11.5
Severability: Should any provision of this Agreement be declared
invalid for any reason, such decision will not affect the
validity of any remaining provisions which will remain in force
and effect. In any such event, the parties will negotiate in
good faith to replace the invalid provision with an equivalent
economic provision.
11.6 Status of
the Parties: Nothing in this Agreement is intended to or shall
operate to create a partnership or joint venture of any kind
between the parties or to authorise either party to act as agent
for the other and neither party shall have authority to act in
the name or on behalf of or otherwise bind the other in any way.
11.7 No Set
Off: The Client shall pay all Fees to Business for Business
Internet Marketing Limited
in full (without deduction or withholding
more than a reasonable and proportionate amount except as
required by law and the Client shall not be entitled to assert
any credit, set-off or counterclaim against Business for
Business Internet Marketing Limited to justify withholding payment
of more than a reasonable and proportionate amount of any such
amount, in whole or in part).
11.8 Third
Parties: Nothing in this Agreement will be construed as
conferring any rights on any person that is not a Party to this
Agreement, whether under The Contracts (Rights of Third Parties)
Act 1999 or otherwise.
11.9 Notices:
Any notices should be in writing and should be made by hand, by
recorded delivery or by email or fax (for notices sent by email
a supporting physical copy must be sent on the same day by post)
to such numbers as the parties may specify from time to time.
Notices sent by hand, by fax or by recorded delivery post will
be treated as having been received on the working day after the
day upon which they were sent. Proof of fax transmission and of
successful far-end receipt must be kept. Emails will only be
treated as having been received when a non-automated response is
obtained from the email recipient.
11.10 Entire
Agreement: This Agreement constitutes the entire agreement and
supersedes all previous verbal or written proposals and
agreements between the Parties relating to the Consultancy
Services. The Client shall have no remedy, and Business for
Business Internet Marketing Limited shall have no liability, in
respect of any statement whether written or oral made to it upon
which it relied in entering into this Agreement unless such
statement was made by Business for Business Internet Marketing
Limited knowing that it was untrue or it was a statement as to a
fundamental matter under the Agreement
11.11 Governing
Law: This Agreement, all matters regarding the interpretation or
enforcement of it, and any other matters or disputes arising in
connection with it or its subject matter, including the
Consultancy Services shall be governed by the law of England and
Wales and the parties hereby submit to the exclusive
jurisdiction of the courts in England and Wales.
Terms and Conditions
for the provision of training
Business for Business
Internet Marketing Limited
whose registered office is Unit 14, Seaway Parade, Baglan Energy
Park, Port Talbot, SA12 7BR.
Company Registered in
England and Wales No. 06225488
Vat no GB 978 3981 45
1. APPLICATION of THESE TERMS
These Terms and Conditions will govern the provision of any
Internet Marketing Training, sessions, workshops, educational
programmes or courses, speeches or presentations at seminars or
conferences or otherwise to equivalent effect by Business for
Business Internet Marketing Limited, its personnel or
representatives, to you and you agree to be bound by these
Conditions.
2. DEFINITIONS
"Account Client" means an individual(s), training provider or
company, business or other organisation who, at the sole
discretion of Business for Business Internet Marketing Limited,
is permitted to open an account with Business for Business
Internet Marketing Limited and settle payment for any course
provided in accordance with Clause 4(B).
"Client" means
an individual(s), training provider or company, business or other
organisation to whom a Course is provided under
these Terms and Conditions who is not
an Account Client.
"The Contract"
means the agreement between a Client/Account Client and Business
for Business Internet Marketing Limited relating to the Course
provision, the Terms and Conditions, the Course Fee and any
subsequent changes thereto as notified by Business for Business
Internet Marketing Limited in writing
"Course" means
one (or more) of the training sessions, workshops, educational
programmes or courses, speeches or presentations at seminars or
conferences or otherwise, full details of which are provided on
the web site under the heading [Internet Marketing Training and
Seminars and Conferences Workshops] or as supplied to the
Client/Account Client separately in writing.
"Course Fee"
the total cost of the Course including where applicable any
travelling costs or other expenses incurred if the Course is not
held on Business for Business Internet Marketing Limited
premises solely as a result of that course.
"Equipment"
means any computers, laptops, servers, networks, internet
broadband, wireless or other connections, other computer
associated equipment or presentation equipment, teaching aids,
props or other tools, used or supplied for the purpose of the
course, owned or appropriated by Business for Business Internet
Marketing Limited and accessed or used by a Client/Account
Client during a Course.
3. BOOKING TERMS
Client course bookings may be made in person, by post, telephone
or via email and places held provisionally for 5 days.
Confirmation of a place on any Course will be made upon receipt
by of a Client's deposit. Confirmation together with
course information will normally be sent to the client by email.
Business for Business Internet Marketing Limited reserves the
right to change the content or detail of any Course without
notification. Business for Business Internet Marketing Limited
shall be entitled to refuse to admit any Client to a Course if
payment has not been received in full.
Account Clients' bookings are accepted on receipt of a purchase
order.
4. PAYMENT TERMS
(A) Clients
Clients should pay a 50% deposit to Business for Business
Internet Marketing Limited when booking Courses and the balance
or full Course Fee must be paid at least 7 days before the
Course commencement date.
(B)
Account Clients
Account Clients will be invoiced by Business
for Business Internet Marketing Limited after the completion of
a Course and such invoice(s) must be paid in full by the Account
Client within 14 days of the date of the said invoice. Unless by prior arrangement prices
are always quoted and invoiced in GBP (£ Sterling). Currency
exchange rates on the day of invoicing apply.
5. CANCELLATIONS
In the event of a cancellation within 7 days of the confirmed
course date no refund will be given, or in the case of an
Account client, invoices for the course shall remain properly
due and owing and shall be paid by the Client to Business for
Business Internet Marketing Limited within 14 days of the
relevant Course Date.
Cancellation within 21 days in advance of the date of the course
shall incur an administrative fee of 25% of the full course
fees. Notification of cancellations must be received in writing
or by email by Business for Business Internet Marketing Limited.
Business for Business Internet Marketing Limited reserves the
right to cancel any Course. Cancellations will be advised
whenever possible at least 5 days prior to the Course date and
alternative dates offered. In the case of cancellation by
Business for Business Internet Marketing Limited
a full refund will
be given.
6.
SUBSTITUTIONS
Delegates may be substituted at the discretion of Business
for Business Internet Marketing Limited. We reserve the right
to make a supplementary or administrative charge for
substitution of any delegate.
7. INTEREST
Without prejudice to any other rights of Business for
Business Internet Marketing Limited, in the event that the Account
Client is in breach of any of the payment terms contained in
this Agreement Business for Business Internet Marketing Limited
reserves the right to charge interest upon the sum outstanding
and overdue for more than thirty days at 8 per cent above
Barclays Bank Plc base rate per annum calculated from the due
date for payment until the date of actual payment.
8. INDEMNITY
The Client/Account Client agrees to indemnify Business for
Business Internet Marketing Limited in respect of all costs,
interest, damages, losses and other charges (including legal
costs) incurred by Business for Business Internet Marketing
Limited as a result of the non-attendance of a Course where
prior notice has not been given in accordance with clause 5 or
where any damage is caused by the Client/Account Client to any
of the Equipment. Except in respect of death or personal injury
caused by Business for Business Internet Marketing Limited’
negligence Business for Business Internet Marketing Limited
shall not be liable to the Client by reason of any
representation (unless fraudulent), or any implied warranty,
condition or other term, or any duty at common law, or under the
express terms of the contract, for any indirect, special or
consequential loss, which shall include, but shall not be
limited to loss of profit or any damages, costs, expenses or
other claims (whether caused by the negligence of Business for
Business Internet Marketing Limited, its employees or otherwise)
which arise out of or in connection with the provision of
Course(s).
9. BUSINESS for
BUSINESS INTERNET MARKETING Limited' OBLIGATIONS
Business for Business Internet Marketing Limited will endeavour
to provide the training set out in the details of the Course
outline description with all reasonable care and skill. The
Client/Account Client will supply any necessary Equipment unless
otherwise agreed. All Course materials will be supplied on the
day of the Course, the cost of which is included in the Course
Fee. If Business for Business Internet Marketing Limited is
prevented from complying with its obligations under these terms
and conditions due to circumstances beyond its control, Business
for Business Internet Marketing Limited shall immediately inform
the Client/Account Client of such difficulties and shall not be
liable in such case for any losses, consequential or otherwise,
incurred.
10. THE
CLIENT's / ACCOUNT CLIENT's OBLIGATIONS
In addition to the obligations contained in this Agreement
regarding booking, payment terms and cancellation rights, the
Client/Account Client hereby accepts that it is in the interests
of Business for Business Internet Marketing Limited to ensure
the retention of any Trainers/course providers acting on behalf
of Business for Business Internet Marketing Limited and therefore
agrees that during the continuance of this Agreement and for a
period of 6 months thereafter no Client/Account Client or any
individual, firm or company acting in conjunction with them
shall solicit or endeavour to solicit the services of any
Trainer or course provider who is employed or retained by
Business for Business Internet Marketing Limited without first
obtaining the prior written consent of Business for Business
Internet Marketing Limited.
11. WAIVER
No whole or partial waiver of any breach of the Terms and
Conditions shall be held to be a waiver of any other or any
subsequent breach.
12. DATA
PROTECTION
Business for Business Internet Marketing Limited may hold
information provided by Clients/Account Clients on a computer
system and will do so in accordance with the Data Protection Act
1998. Business for Business Internet Marketing Limited will to
provide a copy of such information relevant to a particular
Client/Account Client upon receipt of a cheque made payable to
Business for Business Internet Marketing Limited for £25.00 in
respect of an administration fee in this regard.
13.
ASSIGNMENT
The Client/Account Client will not assign, transfer or otherwise
dispose of its rights to any third party the benefit/burden of
this Contract without the prior written consent of Business for
Business Internet Marketing Limited. Business for Business
Internet Marketing Limited reserves the right to assign,
transfer or otherwise dispose of its rights or obligations under
the Contract.
14. ENTIRE
AGREEMENT
The Contract is the complete and exclusive statement of the
terms agreed between the parties relating to the provision by
Business for Business Internet Marketing Limited of one (or
more) of the Courses which supersedes all previous
communications, agreements and other arrangements, written or
oral and it is expressly agreed that no other terms or
conditions were in the contemplation of the parties when
entering into the Contract and that no variation of the Contract
shall be effective unless in writing and signed by both parties.
15.
APPLICABLE LAW
The Contract shall be construed in accordance with and governed
by the laws of England Wales and both parties hereby irrevocably
agree that the Courts of England and Wales shall have
non-exclusive jurisdiction to resolve any controversy or claim
of whatever nature arising out of or relating to the Contract or
any alleged breach of it.
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