Terms and Conditions

MY TERMS & CONDITIONS

  

Please read all these terms and conditions

As I can accept order/s and make a legally enforceable agreement without further reference to you, you must read these terms and conditions prior to commence with the contract.

Application and entire agreement

  1. These Terms & Conditions (T&Cs) will apply to the purchase of the services and goods (where sold with services) by you (The Customer or you). I am Nicholas Newman, from John Snow Place, Headington, Oxford, OX38BB with email address: ‘[email protected]’ and website: ‘nicnewmanoxford.com’. I am Energy Consultant and Journalist (the supplier or me or I).
  2. These are the terms on which I sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms & ConditionsYou can only purchase the Services from the Website if you are eligible to enter into a contract and are at least 18 years old.
  3. You are deemed to have accepted these Terms and Conditions when you accept my quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and my quotation (the Contract) are the entire agreement between us.
  4. You acknowledge that you have not relied on any statement, promise or representation made or given by or on my behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

 

Your obligations

  1. You must obtain any permissions, consents, licences or otherwise that I need and must give me with access to any and all relevant information, materials, properties and any other matters which I need to provide the Services.
  2. If you do not comply with clause-5, I can terminate the Services.
  3. I am not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section.

 

Interpretation

 

  1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
  2. Contract means the legally-binding agreement between you and I for the supply of services;
  3. Interpretation
    1. A ‘’business day’’ means any day other than a Saturday, Sunday or bank holiday in England and Wales.
    2. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
  4. Delivery location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order and agreed accordingly.
  5. Durable Medium means paper email, or any other medium that allow information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
  6. Goods any goods that I (may) supply to you with the Services, of the number and description as set out in the Order;
  7. Order means the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the Website;
  8. Privacy Policy means the terms which set out how I sell deal with confidential and personal information received from you via the Website;
  9. Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
  10. Website means my website ‘nicnewmanoxford.com’

 

Services

  1. I warrant that I shall use reasonable care and skill in my performance of the Services which will comply with the quotation, including any specification in all material respects. I can make any changes to the Services which are necessary to comply with any applicable law or safety requirements, and I shall notify you if this is necessary.
  2. I shall use my reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of my obligations.
  3. In the case of Services tailored to your requirements, it is your responsibility to ensure that any information or specification you provide is accurate and up to date.
  4. All Services which appear on the Website are subject to availability.
  5. I can make changes to the Services which are necessary to comply and adhere with any applicable law or safety requirements (also see above). I shall notify you of these changes if I believe them to be necessary.
  6. All these Terms and Conditions apply to the supply of any Services unless I specify otherwise.

 

Customer responsibilities

  1. You must co-operate with me in all matter relating to the Services, provide me and my authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
  2. Failure to comply with the above is a Customer default which entitles me to suspend performance of the Services until you remedy it or if you fail to remedy it following my request, I can terminate the Contract with immediate effect on written notice to you.

 

Personal Information

 

  1. I retain and use all information strictly under the Privacy Policy and Data Protection legislation of England & Wales.
  2. I may contact you by using email or other electronic communication methods and by pre-paid post and you expressly agree to this.

 

Basis of Sale

  1. The description of the Services and any Goods in my website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website or agreed in person or in any way, I can reject it for any reason, although I shall endeavour to provide you with reason/s without delay at my discretion.
  2. The Order process is set out on the Website. Each step allows you to check and amend any errors prior submitting the Order.  Nonetheless, you are responsible to check that you have placed the order using the correct process.
  3. A Contract will be formed for the Services ordered only when you receive an email from me confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform me immediately or any errors.  I am not responsible for any inaccuracies in the Order placed by you.  By placing an Order, you agree to me giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation).  You will receive the Order Confirmation within a reasonable time after making the Contract or the time-limitation expressly agreed mutually, but in any event not later than the completion of Services under the contract, and before performance begins of any of the Services.
  4. Any quotation or estimate of Fee (as defined below) is valid for a maximum period of 30 days from its date, unless I expressly withdraw it at an earlier time.
  5. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
  6. I intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer/Customer. If this is not the case, you must tell me, so that I can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.

 

Conformity and Suitability of the Services

  1. I am legally bound to provide my Services in conformity with the Contract and will not have conformed if it does not meet the following obligations.
  2. Upon the completion, the Services will:
  3. Be of satisfactory quality;
  4. Be reasonably fit for any particular purpose for which you have bought the Services which, before the Contract is made, you made known to me (unless you do not actually rely, or it is unreasonable for you to rely, on my skill and judgement) and be fit for any purpose held out by me or set out in the Contract; and
  5. Conform to their description
  6. It is not a failure to conform if the failure has its origin in your describing it appropriately to me.
  7. I shall provide Services with reasonable skill, experience and care.
  8. In relation to the provision of my Services, anything I say or write to you, or anything some else says or writes to you on my behalf, about me or about the Services, is a term of the Contract, or when making any decision about the Services after entering into this Contract. Anything you consider is subject to anything that qualified it and was said or written to you by me or on behalf of me on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or late).

 

Fees and Payment

  1. The fees (Fees) for the Services are set out in the quotation and are on a time and materials basis.
  2. In addition to the Fees, I can recover from you:
    1. reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses,
    2. the cost of services provided by third parties and required by me for the performance of the Services, and
    3. the of any materials required for the provision of the Services.
  3. You must pay me for any additional services provided by me that are not specified in the quotation in accordance with my then current, applicable rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 30 above also apply to these additional services.
  4. The Fees are of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
  5. You must pay by submitting your credit or debit card details (or bank transfer where appropriate) with your Order and I can take the payment immediately otherwise before delivery of the Services.
  6. I will invoice you for payment of the Fees either:
    1. When I have completed the Services; or
    2. On the invoice dates set out in the quotation.
  7. You must pay the Fees due within 14 days of the date of my invoice or otherwise in accordance with any credit terms agreed between us.
  8. Time for payment shall be of the essence of the Contract.
  9. Without limiting any other right or remedy I have for statutory interest, if you do not pay within 14 days, I shall be rightful to charge interest at the rate 15% per annum above the base lending rate of the Bank of England from time to time on the account outstanding until payment is received in full.
  10. All payments due under these Terms & Conditions must be made in full without any deductions or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
  11. If you do not pay within the period set out above, I can suspend any further provision of the Services and cancel any future services which have been ordered by, or other arranged with you.
  12. Receipts for payment will be issued by me only at your request.
  13. All payments must be made as above, unless otherwise agreed in writing between us.

 

Delivery

  1. I shall deliver the Services, as expressly agreed between you and I, by the time or within the agreed period or, failing any agreements:
  2. in the case of Services, within a reasonable time; and
  3. in the case of Goods, without undue delay and, in any event, nor more than 30 days after the day on which the Contract is entered into.
  4. In any case, regardless of events beyond my control, if I do not deliver the Services on time, you can require me to reduce the Fees or charges by an appropriate amount at my discretion. This may also include the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction may where appropriate, be up to the full amount of the Fees or charges.
  5. In any case, unless events beyond my control and I do not deliver the Services on time, you may (in addition to any other remedies) treat the Contract at an end if:
  6. I have refused to deliver the Services, or if delivery on time is essential taking into account all the relevant circumstances at the relevant circumstances at the time the Contract was made that delivery on time was essential; or
  7. After I have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and I have not delivered within that period.
  8. If you treat the Contract at an end, I shall (in addition to other remedies) promptly return all payments made under the Contract, so having done, you cannot pursue any legal claim against me.
  9. If you were entitled to treat the Contract at an end, but do not do so, you are not preventing the Order, however, If I had embarked upon your Order, whatever work I have done will be deemed for payment.

Sub-Contracting and assignment

  1. I can at any time assign, transfer, charge, subcontract or deal in any other fashion with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner I see fit, to any third party.
  2. You must not, without my prior written consent, assign, transfer, share subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.

 

Withdrawal and Termination

  1. I can terminate the provision of the Services immediately if you:
    1. commit a material breach of your obligations under these Terms and Conditions; or
    2. fail to pay any amount due under the contract on the due date for payment; or
    3. are or become or, in my reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
    4. enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme is made with its creditors; or
    5. convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administration or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in 12 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
  2. You can withdraw the Order of services by informing me before Contract is created, if you simply wish to change your mind and without giving me a reason, and without incurring any liability.
  3. You can cancel the Contract except for any Services which are made to your special requirements by informing no later than 3 calendar days from the day the Contract was entered into. If you simply wish to change your mind and without giving me a reason, and without liability, except in that, you must pay me for the work I have so carried out in that period of time. Then, I can accordingly without delay refund to you the price for those Services which have been paid in advance.
  4. Either you or I can cancel an order for any reason prior to your acceptance (rejection) of the quotation.
  5. Cancellations can be reached on mutually agreed terms at both parties’ discretion, however, they must follow the prevalent laws of England and Wales on the subject matter.
  6. If you want to amend any details of the Services, you must inform me in writing as soon as possible. I shall make reasonable effort to make any required changes and additional costs will be included in the Fees accordingly and invoiced to you.
  7. If, due to circumstances beyond my control, including those set out in the clauses above (Circumstances beyond a party’s control). If I must make any changes in the Services, or how these are provided, I shall notify you immediately. I shall endeavour to keep any such changes to a minimum.

 

Intellectual property

  1. I reserve all copyright/s and any other intellectual property rights which may subsist in any goods supplied in connection with provision of the Services.
  2. I reserve the right to take any appropriate action/s to restrain or prevent the infringement of such intellectual property rights.

 

Liability and indemnity

  1. My liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.
  2. The total amount of my liability is limited to the total amount of Fees payable by you under the Contract.
  3. I am not liable (whether caused by my employees (if any), agents or otherwise) in connection with my provision of the Services or the performance of any or my other obligations under these Terms and Conditions or the quotation for:
    1. any indirect, special or consequential loss, damage, costs, or expenses or:
    2. any loss of profits; loss or anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or other third part claims; or
    3. any failure to perform any of my obligations if such delay or failure is due to any cause beyond my reasonable control; or
    4. any loss caused directly or indirectly by any failure or your breach in relation to your obligations; or
    5. any losses arising directly or from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
  4. You must indemnify me against all damages, costs, claims and expenses suffered by me arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
  5. Nothing in these Terms and Conditions shall limit or exclude liability for death or personal injury caused by my negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.

 

Circumstance beyond a party’s control

  1. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Services Provider failure, industrial action, civil unrest, acts of God, e.g.  fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.  If the delay continues for a period of 90 days either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.

 

Communications

  1. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
  2. Notices shall be deemed to have been duly given:
    1. when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient;
    2. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated or return receipt is generated;
    3. on the fifth business day following mailing, if mailed by national ordinary mail; or
    4. on the tenth business day following mailing, if mailed by airmail.

 

No waiver

  1. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.

Severance

  1. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

 

 

Law and jurisdiction

  1. The agreement shall be governed by and interpreted in accordance with the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

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Copyright © 2018 by author: Mr Mohamad Tariq Khan (Oxford Law Solutions): All rights reserved. No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the publisher, except in the case of brief quotations embodied in critical reviews and certain other non-commercial uses permitted by copyright law. For permission requests, write to the publisher, addressed “Attention: Permissions Coordinator,” at the address below.

27 John Snow Place, Headington, Oxford, Oxfordshire, OX38BB, United Kingdom.