BLUEBEAN STANDARD TERMS AND CONDITIONS (‘Terms’)
1.1 In these conditions when the following words with capital letters are used in these Terms, this is what they will mean:
Event Outside Our Control: is defined in paragraph 8.2;
Order: the Client’s order for the Services as set out above;
Services: the services that BlueBean is providing to you as set out in the Order;
Terms: the terms and conditions set out in this document;
We/Our/Us: means BlueBean (which is the trading name of Peter Boyle of 15 Church View, as above); and
You: means the Client.
1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
2. OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which We supply Services to you.
2.2 Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you sign the Order. If you think that there is a mistake please contact Us to discuss.
2.3 When you sign and submit the Order to Us, this does not mean We have accepted the Client’s order for Services. Our acceptance of the Order will take place as described in paragraph 2.4. If BlueBean is unable to supply you with the Services, We will inform you of this and We will not process the Order.
2.4 These Terms will become binding on you and Us when We issue you with a written acceptance of an Order or We contact you to tell you that BlueBean is able to provide you with the Services, at which point a contract will come into existence between you and Us.
3. CHANGES TO ORDER OR TERMS
3.1 If you want to change the terms of your Order you must give us at least 24 hours notice in writing. If We require a change in the Terms or in the Order We will give you at least 24 hours notice, and the change will take effect on expiry of the notice (subject to your rights to cancel in paragraph 9).
3.2 If you wish to cancel an Order before it has been fulfilled, please see the Client’s right to do so in paragraph 9.
4 PROVIDING SERVICES
4.1 We will supply the Services to you from the date set out in the Order or the date agreed between Us.
4.2 We will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See paragraph 8 for Our responsibilities when an Event Outside Our Control happens.
4.3 We may have to suspend the Services but We will contact you to let you know in advance where this occurs, and will give you at least 24 hours notice of any suspension unless the problem is urgent or an emergency. You do not have to pay for the Services while they are suspended under this paragraph 4.3 but this does not affect the Client’s obligation to pay any invoices We have already sent you for Services already supplied.
4.4 If you do not pay Us for the Services when you are supposed to as set out in paragraph 6.3, We may suspend the Services with immediate effect until you have paid Us the outstanding amounts. We will contact you to tell you this. This does not affect Our right to charge you interest under paragraph 6.4.
5 IF THERE IS A PROBLEM WITH THE SERVICES
5.1 In the unlikely event that there is any defect with the Services please contact Us and tell Us as soon as reasonably possible. Please give Us a reasonable opportunity to respond to your complaint.
5.2 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care. Advice about the Client’s legal rights is available from the Client’s local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. PRICE AND PAYMENT
6.1 Any price set out in the Order will apply, and in the absence of a price noted in the Order, the price of the Services will be set out in Our price list in force at the time We confirm the Client’s Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you. Our price list is on our website at www.bluebeancpc.com
6.2 These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
6.3 Where BlueBean is providing Services to you, We may ask you to make an advance payment, and if so this will be set out in the Order above. Your rights to a refund on cancellation are set out in paragraph 9. We will invoice you for the balance, if any, of the Services as set out in the Order above, and if the Order is silent on the point then when or any time after We have performed the Services. Invoices are due for payment at the date of invoice.
6.4 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the Bank of England base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
6.5 However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, paragraph 6.4 will not apply for the period of the dispute.
7 OUR LIABILITY TO YOU
7.1 Subject to paragraphs 7.2, 7.4 and 8, if We fail to comply with these Terms, BlueBean is responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but BlueBean is not responsible for any loss or damage that is not foreseeable or is your responsibility. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by you and Us at the time we entered into this contract.
7.2 We only supply the Services for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.3 We do not exclude or limit in any way Our liability for:
7.3.1 death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
7.3.2 fraud or fraudulent misrepresentation;
7.3.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
7.3.4 breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
7.3.5 defective products under the Consumer Protection Act 1987.
7.4 Subject to clause 7.3:
7.4.1 We are not liable for any of the following matters: misrepresentation in Your CV, nor any errors in content, typographical or otherwise in your CV, as it is Your responsibility to ensure that your CV is accurate and correct;
7.4.2 We are not liable for and take no responsibility for You missing any job or other application deadline, as responsibility for compliance with any deadline is Your’s and Your’s alone;
7.4.3 We are not liable for your performance at any interview or for what you say at an interview, which is your responsibility; and
7.4.4 Our total liability to You in respect of the Services in respect of all and any claims brought by You, including for breach of contract, negligence or other default, except where specifically noted to the contrary in the above Order, is in all cases the amount of the fee paid by You to Us, which we consider is reasonable bearing in mind the nature of the Services.
8 EVENTS OUTSIDE OUR CONTROL
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
8.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
8.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
8.3.1 We will contact you as soon as reasonably possible to notify you; and
8.3.2 Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
8.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Services. Please see the Client’s cancellation rights under paragraph 9. We will only cancel the contract if the Event Outside Our Control continues for longer than 2 weeks in accordance with Our cancellation rights in paragraph 9.
9 YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
9.1 Before We begin to provide the Services, you have the following rights to cancel an Order for Services, including where you choose to cancel because BlueBean is affected by an Event Outside Our Control or if We change these Terms under paragraph 3.1 to the Client’s material disadvantage:
9.1.1 you may cancel any Order for Services at any time before the start date for the Services provided you give Us at least 24 hours advance notice prior to any agreed start time or meeting time for the Services;
9.1.2 if you cancel an Order under paragraph 9.1.1 and you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you, unless you have failed to give at least 24 hours notice of cancellation. If you give at least 24 hours advance notice of cancellation then we will give you a full refund. If you fail to give at least 24 hours notice of cancellation then: (a) We will not refund any advance payment of £100 or less, and (b) any refund of any advance payment to the extent it is above £100 will be entirely at our discretion.
9.1.3 If you cancel an Order for Services under paragraph 9.1 and We have already started work on the Client’s Order by that time, you will pay Us any costs We reasonably incurred in starting to fulfil the Order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact Us.
9.1.4 However, where you have cancelled an Order because of Our failure to comply with these Terms (except where We have been affected by an Event Outside Our Control), you do not have to make any payment to Us.
9.2 Once We have begun to provide the Services to you, you may cancel the contract for the Services at any time by providing Us with at least 14 calendar days’ notice in writing and any advance payment you have made for Services that have not been provided will be refunded to you.
9.3 Once We have begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving Us written notice if:
9.3.1 We break this contract in any material way and We do not correct or fix the situation within 5 days of you asking Us to in writing;
9.3.2 We go into an insolvent winding up;
9.3.3 We change these Terms under paragraph 3.1 to the Client’s material disadvantage;
9.3.4 BlueBean is affected by an Event Outside Our Control.
10 OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
10.1 We may have to cancel an Order before the start date for the Services, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide the Services. If this happens:
10.1.1 We will promptly contact you to let you know;
10.1.2 if you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
10.1.3 where We have already started work on the Client’s Order for Services, We will not charge you anything and you will not have to make any payment to Us.
10.2 Once We have begun to provide the Services to you, We may cancel the contract for the Services at any time by providing you with at least 14 calendar days’ notice in writing. If you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
10.3 We may cancel the contract for Services at any time with immediate effect by giving you written notice if:
10.3.1 you do not pay Us when you are supposed to as set out in paragraph 6.3. This does not affect Our right to charge you interest under paragraph 6.4; or
10.3.2 you break the contract in any other material way and you do not correct or fix the situation within 48 hours of Us asking you to in writing.
INFORMATION ABOUT US AND HOW TO CONTACT US
11.1 BlueBean is the business of Peter Boyle (see paragraph 1.1) who trades as ‘BlueBean’.
11.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephone 07512041120, using the ‘contact us’ page on Our website www.bluebeancpc.com or email firstname.lastname@example.org.
11.3 If you wish to contact Us in writing, or if any paragraph in these Terms requires you to give Us notice in writing (for example, to cancel the contract for services which We have started to provide), you can send this to Us by e-mail, email@example.com by hand, or by pre-paid post to Peter Boyle 15 Church View Longhorsley Morpeth NE65 8UH. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order. In each case where notice is given by pre-paid post the notice shall be deemed not to have been given until delivery of the notice is at the service address.
HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1 We will use the personal information you provide to Us to:
12.1.1 provide the Services;
12.1.2 process the Client’s payment for such Services; and
12.1.3 inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
12.2 We will not give the Client’s personal data to any third party.
OTHER IMPORTANT TERMS
13.1 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
13.2 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.3 If We fail to insist that you perform any of the Client’s obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
13.4 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts.
13.5 Intellectual Property. All the intellectual property rights in all materials provided by Us or made available by us on Our website for the purposes of the Services or otherwise shall remain within the ownership of BlueBean (or, as the case may be, its licensor). Such intellectual property may only be used by the Client for the purposes of and limited to this Contract, for his personal use, and must not be copied, modified, disseminated in any way or used by the Client for the purposes of any trade, commerce or business. Any permission to use such materials is terminable at any time on notice given by BlueBean (or,as the case may be, its licensor).
Copyright © BlueBean CPC 2014