TERMS & CONDITIONS
This page (together with any documents referred to on it) tells you the terms and conditions for use of our website and service including any Apps (collectively known as “Service/s”), together with the terms for our services to our Users (“You”, “Customer”). Please read these terms and conditions carefully before ordering any Services via our site. You should understand that by subscribing to or booking one of our Services, you agree to be bound by these terms and conditions.
By purchasing any services via or by using our website, you are stating that you accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any services from our site. If you do not agree to these terms, you should immediately refrain from any future use of our website.
1.0 INFORMATION ABOUT US:
1.1 We operate the website www.fixedpricetrade.com which is the trading style Fixed Price Trade Ltd, a company registered in England & Wales, Company number 9377900, and whose registered offices are at Cobalt Business Exchange, Cobalt Business Park, NE28 9NZ United Kingdom.
3.0 YOUR STATUS:
By using our Services site, you warrant that:
3.1 you are legally capable of entering into binding contracts; and
3.2 you are at least 18 years old;
3.3 you are resident in the UK and you are accessing our site from that country.
4.0 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US:
4.1 After placing an order for our services, you will receive an e-mail acknowledging it. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to use our Services. All orders are subject to acceptance by us, and we will confirm such acceptance to you by confirming the order has been accepted. The contract between us (Contract) will only be formed when we send you such Confirmation.
4.2 The Contract will relate only to those services we have confirmed. We will not be obliged to supply any other additional Service whether expected by you or not.
5.0 SUBSCRIPTION SERVICE:
5.1 The “Members or Users)” access to our Service consists of registering your details with us and accepting the appropriate charges as agreed by you. By entering into this Agreement, you acknowledge that your details remain with us for our payment processing feature and you accept responsibility for any and all charges for utilising the Service agreed, unless you provide prior required notice that you have terminated this authorisation or wish to terminate. Such notice will not affect any charges submitted which are due, or which occurred before we reasonably could act. To terminate your authorisation or change any payment method, please email us at firstname.lastname@example.org
5.2 We use a third party payment service in lieu of directly processing your credit card information ourselves. Currently this is via paypal. The third party payment service currently accepts all major debit and credit cards. By submitting your credit card information, you grant us the right to store and process your information with the third party payment service, which may change from time to time and you agree with such service. We will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service. You acknowledge that we may change the third party payment service and move your information to any other similar service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
5.3 By using our service you are agreeing to pay all due charges until cancelled by you or us. You are able to cancel your order at any time prior to commencement of any work/ services. See below under Refunds.
5.4 You can re-use our services at any time following your cancellation or termination, but we reserve the right not to permit your re-use where we have previously elected to terminate your previous use, at our absolute discretion.
5.5 We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reason for our decision.
6.0 PAYMENT TERMS
6.1 You are responsible for paying all sums due in connection with services used as set out in these terms.
6.2 Failure by You to use any of the services booked or arranged, does not relieve You of payment obligations under these Terms.
6.3 You should be aware that further terms and conditions required by Paypal may apply, and can be found at www.paypal.co.uk
7.0 TERMINATION OF SERVICE
7.1 We reserve the right to immediately terminate a User’s use of our Services (with or without notice). Termination of service in no way relieves or excuses the User from any obligation to pay any outstanding charges or expenses. In the event that we start collection proceedings (including through any third party collection agency) of any type, the User shall be liable for all collection costs, including any reasonable legal fees and expenses.
7.2 We reserve the right to terminate a User’s account and/or services immediately if a User has used the Website for unsuitable or inappropriate means or has behaved in an unsuitable manner, as determined by us in our absolute discretion. This may include inappropriate or extortionate use of our Feedback or reviews facility.
8.1 The Fees chargeable to Users may include any applicable value added tax (VAT).
9.0 CONSUMER RIGHTS:
9.1 Your Consumer rights are not affected by any terms specifically agreed, other than those provided for by current legislation.
10.0 OUR CONTENT
The copyright, trademarks, designs and any other intellectual property rights (“Intellectual Property Rights”) within this Website are owned by Fixed Price Trade Ltd or by third parties that have given us permission to use them. The use of these materials by You, or anyone else authorised by You, is prohibited unless specifically permitted by these Terms or by Us with explicit prior written consent. Any unauthorised use of the images, design, appearance, text or other content may violate copyright laws, trade mark laws, the laws of privacy and publicity, and other legal regulations and statutes.
10.1 You acknowledge that damages may not be an adequate remedy for any infringement of our Intellectual Property Rights and that we shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of Intellectual Property Rights by you and that no proof of special damages shall be necessary for the enforcement of these rights.
11.0 ACCESS TO CONTENT
11.1 Your right to use and access the Membership area of the Website is personal to you, and you must not allow any other person to gain access to the Membership area of the Website using your username and password. You must keep your username and password confidential.
11.2 You are entitled to use and access the Membership area of the Website from the time you receive a username and password by email until your Membership expires or is terminated in accordance with these Terms. Your username and password will be subsequently disabled by us. We reserve the right to retain any User names used for your account.
We can change any prices detailed on the Website or in any pre-contract information (including these Terms), at any time. Prices charged will be those confirmed to you at the time you submit your order for our paid-for services. All fees for services are payable in advance.
13.0 CANCELLATION & REFUNDS
13.1 Under UK legislation (Distance Selling Regulations), you have the right to cancel your online purchase within seven (7) Working Days from the date you submit your application for our services. If such cancellation occurs 7 clear days from time or order/payment to the date that the Job or Service takes place, you will be refunded in full.
13.2 In any event, 24 hours clear notice prior to commencement of any service must be given to qualify for a full refund. If cancellation takes place within 24 hours of commencement, a partial refund shall be given minus 1 (one) day’s labour charge at the appropriate rate.
13.3 Please note however that due to the personal and unique constituency and/or individually tailored nature of our services, this right of refund is immediately lost should you accept the commencement of any of the services ordered, ie if the Job or work is commenced.
14.1 We shall arrange the Services and provide them with reasonable skill and care appropriate to the appropriate existing industry standards.
14.2 We shall not be liable for any personal taste dissatisfaction the Subscriber may suffer in connection with the Website and/or the use of our Services.
14.3 Nothing in these Terms shall exclude or limit our liability for (a) death or personal injury caused by our negligence (as such term is defined by the Unfair Contract Terms Act 1977); (b) fraud; (c) misrepresentation as to a fundamental matter; or (d) any liability which cannot be excluded or limited under applicable law.
14.4 Subject to the foregoing, we will not be liable or responsible to you or any third person for any amount or kind of loss or damage that may result (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type, and whether in tort (including without limitation negligence, contract or otherwise) in connection with the services offered by the Website or the Website itself in any way or in connection with the use, inability to use or the results of use of this Website.
14.5 By agreeing to these Terms, You agree to fully and effectively indemnify us against all third party claims, costs, losses and/or liabilities relating to this contract and Your usage of the Website or actions in relation to the Website.
14.6 Although we make every effort to ensure tradesmen, suppliers and companies used via our Services are legitimate, reputable and have appropriate qualifications, membership to and/or approval of trade related bodies, organisations and associations and that the information on this Website is accurate, the approval of trades personnel used by Us is based upon the information supplied to us from such traders, suppliers and companies. Subsequently, we cannot be held responsible for any errors or inaccuracies in such information or for the suitability or quality of any of the services supplied by such third parties. You hereby indemnify and hold Us blameless for any loss or damage or lack of quality of these trades personnel, and further agree that any action required to uphold your rights shall be directed at those trades personnel, and not Us.
15.1 A waiver of any right under these Terms is only effective if it is agreed in writing by Us for the particular circumstances for which it is given.
15.2 In the event that any provision of these Terms is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of this are received by either of the parties from any relevant competent authority, it may be severed from these Terms and the remaining provisions of these Terms shall remain in full force and effect.
15.3 These Terms, and any document referred to herein, represent the entire agreement between Us and You for the provision of any services and supersede any prior agreement, understanding or arrangement between the parties, whether made orally or in writing, in relation to the services.
15.4 The User acknowledges that, in entering into this Contract with Us on these Terms, that it has not relied upon any representation, undertaking or promise by Us, or has been implied from anything said or written between the parties prior to the contract being finalised, except as expressly stated in these Terms.
15.5 The User shall have no remedy in respect of any untrue statement made by any Agent or Sub-Contractor of Fixed Price Trade Ltd, whether orally or in writing, prior to the date of the contract, and the User’s only remedy shall be for breach of contract as provided in these Terms.
15.6 These Terms are made only for the benefit of the parties to it and (where applicable) their successors and permitted assigns and is not intended to benefit, or be enforceable by, anyone else who is not a party to them, and the provisions of the Contract (Rights of Third Parties) Act 1999 shall not apply.
15.7 These Terms and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or any subject matter contained within the Terms.
16.0 CONTACT DETAILS
16.1 Our mailing address for the service of any documents or correspondence is Fixed Price Trade Ltd, Cobalt Business Exchange, Cobalt Business Park, NE28 9NZ, UK.
16.2 Our email address for any contact, comments or enquiries should be sent to email@example.com