1. DEFINITIONS
1.1 ”Buyer" means the individual or organisation who buys or agrees to buy the Services from the Supplier;
1.2 ”Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Supplier and the Buyer for the provision of Services incorporating these Terms and Conditions;
1.4 ” Services" means the services that the Buyer agrees to buy from the Supplier;
1.5 ” Supplier" means THE INTERACTIVE BUSINESS ENTERPRISE LTD. of Grosmont House, 20 Crag Hill Road, Thackley, Bradford BD10 0AA that owns and operates www.theinteractivebusiness.com.
1.6 "Terms of service” means the terms and conditions for the provision of Services set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
1.7 "Website" means www.theinteractivebusiness.com.
2. CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the provision of Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.4 Any complaints should be addressed to the Supplier's address stated in clause 1.5.
2.5 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.
3.ORDERING
3.1 All orders for Services shall be deemed to be an offer by the Buyer to purchase Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
3.2 When making an order through the Website,the Supplier shall confirm by email the details, description, price and delivery timescale for the Services.
4. PRICE AND PAYMENT
4.1 The price of the Services shall be that stipulated on the Website. The price is exclusive of VAT.
4.2 Payment of the price plus VAT, if applicable, must be made in full before commencement of the services by BACS unless otherwise agreed. Payment must be made without deduction or set-off.
4.3 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of the relevant Service until payment has been received.
4.4 Where applicable, the Supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of The Bank of England from time to time in force.
5. PERFORMANCE
5.1 The Supplier shall begin to perform the Services within the time stipulated on site.
5.2 The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.
5.3 Either party may terminate this agreement (as regards some or all of the Services) at any time for any reason by giving to the other 30 days written notice, and any payment due remains payable and, if already paid, will be refunded.
5.4 The Supplier may terminate this agreement (as regards some or all of the Services) or suspend some or all of the Services immediately on written notice if the Buyer breaches any term of this agreement, and any payment due remains payable and, if already paid, will be non-refundable.
5.5 The Supplier does not guarantee an improvement in sales, or marketing responses through use of the advice or digital services provided.
6. RIGHTS OF SUPPLIER
6.1 The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
6.2 The Supplier reserves the right to withdraw the Services from the Website at any time.
6.3 The Supplier shall not be liable to anyone for withdrawing the Services from the Website or for refusing to process an order.
7.AGE OF CONSENT
7.1 Where the Services may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Services.
7.2 If the Supplier discovers that the Buyer is not legally entitled to order certain Services, the Supplier shall be entitled to cancel the order immediately, without notice.
8.CANCELLATION
The Buyer has the right to cancel the Contract, by notice in writing, at any time before seven working days has passed from the day after the Contract was made. If, however, the Supplier starts to perform its side of the Contract with the agreement of the Buyer before the Buyer exercises this right to cancel, the right to cancel is lost.
9. LIMITATION OF LIABILITY
9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.
10. WAIVER
No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this agreement shall prejudice its rights to do so in the future.
11. FORCE MAJEURE
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system, and the Supplier shall be entitled to a reasonable extension of its obligations.
12.SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
13.CHANGES TO TERMS AND CONDITIONS
13.1 The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
13.2 Any renewal of the Services will be subject to the Supplier's then current Terms and Conditions.
14.GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
SCHEDULE
Special Conditions:
15.OWNERSHIP & COPYRIGHT
15.1 All strategies & concepts are © The Interactive Business Enterprise Ltd. unless otherwise shown. All rights reserved. Any copying or duplication of concepts, tools or mechanisms may result in criminal prosecution.
15.2 Ownership of the copyright passes to the end client on receipt of full payment. These concepts can be adapted for other clients by the Supplier as long as they are not in competition with said end client.
15.3 Work for agencies/studios will remain confidential unless otherwise agreed for the mutual promotion of services for both parties.
16.THIRD PARTY FULFILMENT
16.1 Development (if required) will be provided by specialist 3rd party freelancers. The Supplier has no responsibility for quality or delivery of software development once signed off by the client and embedded within their existing infrastructure.
17. COMMISSION & REFERRALS
17.1 A commission rate will be agreed on a project by project basis, with commission paid quarterly in arrears after receipt of payment by the client.