Standard Terms and Conditions For Supply Of Goods and Services
In this document the following words shall have the following meanings:
1.1 ‘Consumer’ shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
1.2 ‘Customer’ means any person or company who purchases Goods and Services from the Supplier;
1.3 ‘Proposal’ means a statement of work, quotation, Internet website or other document or electronic media describing the Goods and Services to be provided by the Supplier.
1.4 ‘Goods’ means the articles specified in the Proposal;
1.5 ‘Service or ‘Services’ means the services specified in the Proposal;
1.6 ‘Supplier’ means Posthumous Plans, a sole trading company of Jason Peters with office at 54 Newington Green, London, N16 9PX, England, and e-mail address of email@example.com.
1.7 ‘Terms and Conditions’ means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
1.8 The expression ‘the Act’ means the Companies Act 1985 as amended by the Companies Act 1989, but so that any of these Terms and Conditions to any provision of the Act shall be deemed to include a reference to any statutory modification or re-enactment of the provision for the time being in force.
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods or Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 Nothing in these terms and conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
3 THE ORDER
3.1 All Orders for Goods or Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
4 PRICE AND PAYMENT
4.1 The price for the Goods or Services are subject to any applicable charges.
4.2 Payment of the price shall be in the manner specified in the Proposal.
4.3 If the Customer fails to make any payment for services within 30 days of it becoming due, the Supplier shall be entitled to charge interest at the current base rate plus 2.00% per month on the outstanding amounts.
5.1 The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods or performance of Services.
5.2 All risk in the Goods shall pass to the Customer upon delivery.
5.3 Services specified in the Proposal will be provided by the Supplier to the Customer for a specified period but not exceeding 12 (twelve) months. At the expiration of the agreed period the Supplier may at their sole discretion and without notice either;
Elect to terminate the Services supplied to the Customer or,
Invite the Customer to renew Services as specified by the Supplier and at prices prevailing at the time of renewal.
6.1 Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
7 CUSTOMER’S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
7.1 Cooperate with the Supplier;
7.2 Provide the Supplier with any information reasonably required by the Supplier;
7.3 Obtain all necessary permissions, liceses and consents required before the commencement of the Services, the cost of which shall be the sole responsibility of the Customer, and
7.4 Comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
7.5 For the provision of Services by the Supplier the Customer must provide the Supplier with a proper contact address (PO Box is not acceptable) and any contact details as required by the Supplier and agree to inform the Supplier immediately in writing (an email with a send receipt is an acceptable form of writing) of any changes thereto. The Supplier may at their discretion either suspend or terminate the supply of services if they are unable to contact the Customer.
8 SUPPLIER’S OBLIGATIONS
8.1 The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier.
8.2 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognized standards and codes of practice.
8.3 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
9 CANCELLATIONS AND REFUNDS FOR GOODS AND SERVICES
9.1 Where Goods are faulty or do not comply with any of the Proposal, the Customer must notify the Supplier within seven (7) days of notifying the Supplier. Once the Supplier has confirmed the Goods are faulty or do not comply with any of the contract the Customer shall be entitled to replacement of Goods or a full refund.
9.2 Where Services do not comply with any of the Contract, the Customer must notify the Supplier within 7 (seven) days. Once the Supplier has confirmed the Services do not comply with any of the Contract the Customer shall be entitled to a full refund.
9.3 Any request by the Customer to cancel an Order must be made by notifying the Supplier in writing (an email with read receipt is an acceptable form of writing) at the contact address specified at the time of placing the order. Refunds will not be made where;
(a) The Goods ordered have been manufactured; or
(b) The Goods or Services being supplied comply with the contract; or
(c) The Supplier has incurred expenditure with sub-contractors to fulfill the order.
All mail items received and business information acquired by the Supplier are treated as commercially confidential and will not be disclosed or supplied to any third party outside of the Supplier or partner companies as agreed in the contract for provision of Services. The duty of confidentiality by the Supplier to the Customer does not apply when the Supplier is required by English law to provide information to the police or other organisations empowered by statute or under any money laundering regulations in force for the time being
11 LIMITATION OF LIABILITY
11.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however, the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
11.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
11.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
The Customer agrees to indemnify each of the Supplier, his principals, agents and respective servants against:
12.1 the consequences of any defect in, or unsuitability of any article, plant or other equipment or incorrect information provided by the Customer.
12.2 The consequences of any breach of health and safety regulations made, or code of practice approved, pursuant to the statute.
12.3 All claims by third parties and any other claim under common law or by statute arising out of any such defect, unsuitability or breach.
12.4 All damages, penalties, costs and expenses to which each of any of them may become liable as the result of work done in accordance with any Contract between them which involves the infringement of any letters patent, copyright, design, trademark or other intellectual property right or any claim for such infringement.
12.5 Any claims, costs and expenses incurred in respect of any threatened action and any costs and expenses incurred arising out of any action which is settled by the parties concerned without being tried by a court or other tribunal; and all actions, costs, claims and demands arising out of any Contract between them whether occasioned by breach, negligence or by any other cause whatsoever.
The Supplier shall have right to terminate any agreement with the Customer forthwith on giving notice in writing (an email is an acceptable form of writing) to the Customer on the occurrence of any one or more of the following events:
13.1 breach of any of the terms of this Contract by the Customer.
13.2 If a petition I made for the Customer’s bankruptcy or a criminal bankrupt order is made against the Customer or if the Customer makes any composition or arrangement with or for the benefit of creditors or makes any conveyance or assignment for the benefit or creditors.
13.3 Where the Customer is a company:
If any action is taken for or with a view to winding up, or a petition is presented for an administration or a winding up order against it or such an order is made, or it becomes insolvent or unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986, or an administrative receiver, receiver or manager of its undertaking is duly appointed by a creditor or by the court, or possession is taken of any of its property by an encumbrancer and in that event such termination shall not affect any rights which the Supplier may have against the Customer in consequence of the breach by the Customer.
13.4 If without reasonable cause the Customer with-holds either an agreed interim or full payment to the Supplier in respect of this contract or any other contract between the two parties.
13.5 If it is the Suppliers belief that the Services are being used with fraudulent or criminal intent.
14 FORCE MAJEURE
Neither party shall 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, flood, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions for Supply of Goods and Services 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.
The Customer shall not be entitled to assign his, her or its rights or obligations under any contract with the Supplier without the prior written consent of the Supplier.
Where a notice is to be given to any party hereto it may be served by leaving it at the registered office or last known address of that party. Otherwise it may be sent by first class letter post to the registered office or the last known address of that party, when it shall be deemed to have been served at the expiration of 48 (forty-eight) hours after it has been posted.
18 GOVERNING LAW
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.
Website Terms and Conditions
by SEQ Legal
Website Terms and Conditions
(2) Terms and Conditions Document Source Credit and Company Address
This document was created using an SEQ Legal template.
SEQ Legal LLP,
Tel: +44(0)1491 821123
(3) Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
[(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;]
[(e) edit or otherwise modify any material on the website; or]
[(f) redistribute material from this website [except for content specifically and expressly made available for redistribution [(such as our newsletter)].]
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
(4) Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.
(5) Restricted access
Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
If we provide you with / you generate a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that the password is kept confidential.
You must notify us in writing immediately if you become aware of any unauthorised use of your account or password.
You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
You must not use any other person’s user ID and password to access our website[, unless you have that person’s express permission to do so].
[We may disable your user ID and password at any time in our sole discretion with or without notice or explanation.]
(6) User content
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights.
Your content must not be illegal or unlawful, must not infringe any third party’s legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
(7) Limited warranties
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(8) Limitations and exclusions of liability
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
(14) Exclusion of third party rights
(15) Entire agreement
(16) Law and jurisdiction
(17) Registrations and authorisations
Posthumous Plans is registered with HMRC as a sole trader business as of 13_02_13. Registration application has been acknowledged, awaiting verification.
Jason Peters is a licentiate member of the Landscape Institute (L.I.) UK, and has been a member of the L.I. since 1998, holding membership number 15000, and subject to the rules of the code of conduct which can be found at:
We are registered with [trade register]. You can find the online version of the register at [URL]. Our registration number is [number].]
(18) Our details
The full name of our company is Posthumous Plans.
Posthumous Plans is a sole trader business owned and operated by Mr Jason Peters, e-mail posthumousplans (at) gmail.com
We are registered in England and Wales, our registered address is 54 Newington Green, London, N16 9PX under registration number [______].
You can contact us by completing the ‘contact us’ section of this website.
by SEQ Legal
We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.
This document was created using an SEQ Legal template.
(2) What information do we collect?
We may collect, store and use the following kinds of personal information:
[(a) information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views, website navigation and downloads/comments/reviews/purchases;
[(b) information relating to any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services;
[(c) information that you provide to us for the purpose of registering with us including address;
[(d) information that you provide to us for the purpose of subscribing to our website services, email notifications and/or newsletters;
[(e) any other information that you choose to send to us; and
[(f) other information provided.
A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.
We may use both “session” cookies and “persistent” cookies on the website. Session cookies will be deleted from your computer when you close your browser. Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.
[We will use the session cookies to: keep track of you whilst you navigate the website; keep track of items in your shopping basket; prevent fraud and increase website security. We will use the persistent cookies to: enable our website to recognise you when you visit and keep track of your preferences in relation to your use of our website.
Our payment services providers may also send you cookies.
Most browsers allow you to reject all cookies, whilst some browsers allow you to reject just third party cookies. For example, in Internet Explorer (version 9) you can refuse all cookies by clicking “Tools”, “Internet options”, “Privacy”, and selecting “Block All Cookies” using the sliding selector. Blocking all cookies will, however, have a negative impact upon the usability of many websites.
(4) Using your personal information
We may use your personal information to:
(a) administer the website;
(b) improve your browsing experience by personalising the website;
(c) enable your use of the services available on the website;
(d) send you goods purchased via the website, and supply to you services purchased via the website;
(e) send statements and invoices to you, and collect payments from you;
(f) send you general (non-marketing) commercial communications;
(g) send you email notifications which you have specifically requested;
(h) send you our newsletter and other marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (and you can inform us at any time if you no longer require marketing communications);
(i) provide third parties with statistical information about our users – but this information will not be used to identify any individual user;
(j) deal with enquiries and complaints made by or about you relating to the website;
(k) keep the website secure and prevent fraud;
(l) verify compliance with the terms and conditions governing the use of the website and
(m) Where you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the licence you grant to us.]
Your privacy settings can be used to limit the publication of your information on the website. You can adjust your privacy settings by requesting anonymity which will contain the caption ‘name and address supplied’ under your comment/testimonial, or by simply including only the information you wish to be attributed, i.e. Mr. Smith, England.
We will not, without your express consent, provide your personal information to any third parties for the purpose of direct marketing.
In addition, we may disclose your personal information:
(a) to the extent that we are required to do so by law;
(b) in connection with any ongoing or prospective legal proceedings;
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
[(d) to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and]
[(e) to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.]
(6) International data transfers
Information which you provide may be transferred to countries which do not have data protection laws equivalent to those in force in the European Economic Area.
In addition, personal information that you submit for publication on the website (i.e. testimonials, reviews), will be published on the internet and may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.
You expressly agree to such transfers of personal information if you have entered them for publication.
(7) Security of your personal information
We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
We will store all the personal information you provide on our secure (password- and firewall-protected) servers.
[All electronic transactions entered into via the website will be protected by encryption technology.]
You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
[You are responsible for keeping your password [and other login details] confidential. We will not ask you for your password (except when you log in to the website).]
(8) Policy amendments
(9) Your rights
You may instruct us to provide you with any personal information we hold about you. Provision of such information will be subject to:
(a) the payment of a fee (currently fixed at GBP 10); and
(b) the supply of appropriate evidence of your identity [(for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address)].
We may withhold such personal information to the extent permitted by law.
You may instruct us not to process your personal information for marketing purposes, by sending an email to us. In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.
(10) Third party websites
The website contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.
(11) Updating information
Please let us know if the personal information which we hold about you needs to be corrected or updated.
(13) Data controller
The data controller responsible in respect of the information collected on this website is [company/business name].
Our data protection registration number is [number].