Terms and Conditions
Application and entire agreement
These Terms and Conditions apply to the provisions of services detailed in our quotation (Services) by Fatherhood Community Solutions CIC a company registered in England and Wales under number 8486481. whose registered office is at 20 Mobley Green, Luton (we or us) to the person buying the services (you).
1. You are deemed to have accepted these Terms and Conditions when you accept our conditions or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and your quotation (the Contract) are the entire contract between us.
2. You acknowledged that you have not relied on any statement, promise or representation made or given by or on our 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 ore dealing.
Interpretation
3. A “business day” means any other than Saturday, Sunday or bank holiday.
The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
4. Words imparting the singular numbers shall include the plural and vice-versa
Services
5. We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
6. We will use our 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 the essence in the performance of our obligations.
7. All these Terms and Conditions apply to the supply of goods as well as Services unless we specify otherwise.
Your Obligations
8. Your must obtain any permission, consents, licences or otherwise that we need and must give us with any and all relevant information, materials, properties and any other matters which we need to provide the Service.
9. If you do not comply with clause 10, we can terminate the Services.
10. We are not liable for any delay or failure to provide the Services If this caused by your failure to comply with the provisions of this section (Your Obligations).
Fees
11. The fees (Fees) for the Services are set out in the quotation and on a time and material basis.
12. In addition the Fees, we can recover from you a) reasonable incidental expenses including , but limited to travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of Services.
13. You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our 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 14 also apply to these additional services.
14. The Fees are any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
Cancellation and amendments
15. We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not been started, within a period …….days of days from the quotation, (unless the quotation has been withdrawn).
16. Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.
17. If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional cots will be included in the Fees and invoiced to you.
18. If, due to circumstances beyond our control, including those set out below (Circumstances beyond a part’s control), we have to make any changes in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
Payment
19. We will invoice you for payment of Fees either ;
a) When we have completed the Services or,
b) On the invoice dates set out in the quotation or,
20. You must pay the Fees due within…………………….days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
21. Time for payment shall be in essence of the Contract.
22. Without limiting any other right or remedy we have statutory interest , if you do not pay within the period set out above, we will charge you interest at a rate of ……………%per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payments is received in full.
23. All payments due under these Terms and conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set off or counter claim against the other in order to justify withholding payment of any such amount in whole or in part.
24. If you do not pay within the period set out the above, we can suspend any further provision of the Services and cancel ant future services which have been ordered be, or otherwise arranged with, you.
25. Receipts for payments will be issued by only at your request.
26. All payments must be made in…………..unless otherwise agreed between us.
Sub-Contracting and assignment
27. We can at any time assign, transfer charge, subcontract or deal in any other manner with all or any of your rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
28. You must not, without our prior written consent , assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.
Termination
29. We will terminate the provision of Services immediately if you;
a) Commit a material breach of your obligations under these Terms and conditions; or
b) Fail to make any amount due under this Contract on the due date of payment; or
c) Are or become or, in our reasonable opinion , are about to become, the subject of bankruptcy order to take advantage of any other statutory provision for relief of insolvent of debtor; or
d) Enter into a voluntary arrangement under Part 1 of the insolvency Act 198, or any other scheme or arrangement is made with its creditors; or
e) Convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for appointment of an administration in respect of you, notice of intention to the appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder ( as defined in para.14 of Schedule BI 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.
Intellectual Property
30. We reserve all copyright and any other intellectual property which may subsist in any goods supplied in connection with the provisions of Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
Liability and Indemnity
31. Our liability under these Terms and Condition, and in breach of statutory duty and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.
32. The total amount of our liability is limited to the total amount of Fees payable by you under Contract.
33. We are not liable (whether caused by our employees, agents or otherwise) in connection of provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotations for:
a) Any indirect, special or consequential loss, damages, costs or expenses or;
b) Any loss of profits, or anticipated profits; loss of data; loss of business; loss reputation or goodwill; business interruption or other third party claims; or
c) Any failure to perform any of our other obligations if such delay or failure due to any cause beyond our reasonable control or;
d) Any losses caused directly or indirectly by any failure or your breach in relation to your obligations or;
e) Any losses arising directly or indirectly 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
f) You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to any third parties) caused by you or your agents or employees.
g) Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation or , for any other matters for which it would be unlawful to limit or exclude liability.
Circumstances beyond a party’s control
34. 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 Service Provider failure, industrial action,
Civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond d the control of the party in question. I the delay continues for a period of 90 days, either of us may terminate or cancel Services to be carried under these Terms and Conditions.
Communications
35. 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)
36. Notices shall be deemed to have been given:
a) When delivered, if delivered by courier or other messenger (including registered mail) during the business hours of the recipient;
b) When sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
c) On the fifth business day following mailing, if mailed by national ordinary mail; or
d) On the tenth business day following mailing, if mailed by airmail.
37. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
No Waiver
38. No delay, act of omission by a party in exercising any right in 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
39. 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
41. These Terms and Conditions are governed by and interpreted according to English Law. All disputes arising under these Terms and Conditions are subject to exclusive jurisdiction of the English courts.
These Terms and Conditions apply to the provisions of services detailed in our quotation (Services) by Fatherhood Community Solutions CIC a company registered in England and Wales under number 8486481. whose registered office is at 20 Mobley Green, Luton (we or us) to the person buying the services (you).
1. You are deemed to have accepted these Terms and Conditions when you accept our conditions or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and your quotation (the Contract) are the entire contract between us.
2. You acknowledged that you have not relied on any statement, promise or representation made or given by or on our 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 ore dealing.
Interpretation
3. A “business day” means any other than Saturday, Sunday or bank holiday.
The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
4. Words imparting the singular numbers shall include the plural and vice-versa
Services
5. We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
6. We will use our 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 the essence in the performance of our obligations.
7. All these Terms and Conditions apply to the supply of goods as well as Services unless we specify otherwise.
Your Obligations
8. Your must obtain any permission, consents, licences or otherwise that we need and must give us with any and all relevant information, materials, properties and any other matters which we need to provide the Service.
9. If you do not comply with clause 10, we can terminate the Services.
10. We are not liable for any delay or failure to provide the Services If this caused by your failure to comply with the provisions of this section (Your Obligations).
Fees
11. The fees (Fees) for the Services are set out in the quotation and on a time and material basis.
12. In addition the Fees, we can recover from you a) reasonable incidental expenses including , but limited to travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of Services.
13. You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our 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 14 also apply to these additional services.
14. The Fees are any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
Cancellation and amendments
15. We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not been started, within a period …….days of days from the quotation, (unless the quotation has been withdrawn).
16. Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.
17. If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional cots will be included in the Fees and invoiced to you.
18. If, due to circumstances beyond our control, including those set out below (Circumstances beyond a part’s control), we have to make any changes in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
Payment
19. We will invoice you for payment of Fees either ;
a) When we have completed the Services or,
b) On the invoice dates set out in the quotation or,
20. You must pay the Fees due within…………………….days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
21. Time for payment shall be in essence of the Contract.
22. Without limiting any other right or remedy we have statutory interest , if you do not pay within the period set out above, we will charge you interest at a rate of ……………%per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payments is received in full.
23. All payments due under these Terms and conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set off or counter claim against the other in order to justify withholding payment of any such amount in whole or in part.
24. If you do not pay within the period set out the above, we can suspend any further provision of the Services and cancel ant future services which have been ordered be, or otherwise arranged with, you.
25. Receipts for payments will be issued by only at your request.
26. All payments must be made in…………..unless otherwise agreed between us.
Sub-Contracting and assignment
27. We can at any time assign, transfer charge, subcontract or deal in any other manner with all or any of your rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
28. You must not, without our prior written consent , assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.
Termination
29. We will terminate the provision of Services immediately if you;
a) Commit a material breach of your obligations under these Terms and conditions; or
b) Fail to make any amount due under this Contract on the due date of payment; or
c) Are or become or, in our reasonable opinion , are about to become, the subject of bankruptcy order to take advantage of any other statutory provision for relief of insolvent of debtor; or
d) Enter into a voluntary arrangement under Part 1 of the insolvency Act 198, or any other scheme or arrangement is made with its creditors; or
e) Convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for appointment of an administration in respect of you, notice of intention to the appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder ( as defined in para.14 of Schedule BI 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.
Intellectual Property
30. We reserve all copyright and any other intellectual property which may subsist in any goods supplied in connection with the provisions of Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
Liability and Indemnity
31. Our liability under these Terms and Condition, and in breach of statutory duty and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.
32. The total amount of our liability is limited to the total amount of Fees payable by you under Contract.
33. We are not liable (whether caused by our employees, agents or otherwise) in connection of provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotations for:
a) Any indirect, special or consequential loss, damages, costs or expenses or;
b) Any loss of profits, or anticipated profits; loss of data; loss of business; loss reputation or goodwill; business interruption or other third party claims; or
c) Any failure to perform any of our other obligations if such delay or failure due to any cause beyond our reasonable control or;
d) Any losses caused directly or indirectly by any failure or your breach in relation to your obligations or;
e) Any losses arising directly or indirectly 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
f) You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to any third parties) caused by you or your agents or employees.
g) Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation or , for any other matters for which it would be unlawful to limit or exclude liability.
Circumstances beyond a party’s control
34. 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 Service Provider failure, industrial action,
Civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond d the control of the party in question. I the delay continues for a period of 90 days, either of us may terminate or cancel Services to be carried under these Terms and Conditions.
Communications
35. 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)
36. Notices shall be deemed to have been given:
a) When delivered, if delivered by courier or other messenger (including registered mail) during the business hours of the recipient;
b) When sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
c) On the fifth business day following mailing, if mailed by national ordinary mail; or
d) On the tenth business day following mailing, if mailed by airmail.
37. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
No Waiver
38. No delay, act of omission by a party in exercising any right in 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
39. 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
41. These Terms and Conditions are governed by and interpreted according to English Law. All disputes arising under these Terms and Conditions are subject to exclusive jurisdiction of the English courts.
