Tuesday 18 November 2008  

TERMS AND CONDITIONS OF USE

OF CheapAccounting.co.uk

DEFINITIONS

"Client" means the individual or organisation who buys or agrees to buy the service from the Firm;

"Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

"Contract" means the contract between the Firm and the Client for the sale and purchase of services incorporating these Terms and Conditions;

"Services" means the use of CheapAccounting.co.uk;

"Firm" means CheapAccounting.co.uk;

"Terms and Conditions" means the terms and conditions set out in this document and any special terms and conditions agreed in writing by the Firm.

CONDITIONS

Nothing in these Terms and Conditions shall affect the Client's statutory rights.

These Terms and Conditions shall apply to all contracts for the provision of services by the Firm to the Client and shall prevail over any other documentation or communication from the Client.

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 Firm.

ACCEPTANCE OF TERMS

Your access to and use of CheapAccounting.co.uk ("the Website") is subject exclusively to these Terms and Conditions. Use of the web site shall be deemed conclusive evidence of the Client's acceptance of these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. If you do not accept these Terms and Conditions you must immediately stop using the Website.

ORDERING

All orders for services shall be deemed to be an offer by the Client to purchase the service pursuant to these Terms and Conditions and are subject to acceptance by the Firm. The Firm may choose not to accept an order for any reason.

When making an order through the Website, the technical steps the Client needs to take to complete the order process are described in help pages (how to sign up) and by entering the relevant data through the registration pages.

PRICE AND PAYMENT

The Firm will provide services as described in the services pages on the site for each of the packages offered, for the price or fee as stipulated.

After the order is received for a package, the Firm shall confirm acceptance by email.

Payment of the price or fee must be made in full before use of the service can commence.

The price or fee for the service is payable monthly in advance.

The minimum contract term is one year. Cancellation can only occur once 12 monthly fees have been received.

28 days notice of cancellation must be given in writing.

The Firm may undertake other work for the client from time to time. The fees for such services will be confirmed in writing by the raising of an invoice. Payment must be made in full within 14 days of the date of the invoice.

RIGHTS OF FIRM

The Firm reserves the right to adjust the price and specification of any services on the Website at its discretion.

The Firm reserves the right to withdraw any services from the Website at any time.

The Firm shall not be liable to anyone for withdrawing any services from the Website or for refusing to process an order.

FORCE MAJEURE

The Firm 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, breakdown of plant or machinery and the Firm shall be entitled to a reasonable extension of its obligations.

ADVICE

The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision. The calculations included in the site are based upon the data that is entered by the Client of the service. The calculations should be used as guidance only and CheapAccounting.co.uk accepts no responsibilities for any inaccuracies of the calculations.

It is agreed between the Client and the Firm that the Firm shall not be liable for any loss or damage of whatever nature or however arising which may be suffered by any person acting or refraining from acting as a result of advice provided. The Client accepts that any such liability shall be borne by the Client. Any terms which may be implied by statute or otherwise in any contract made under this Agreement are excluded.

The services are provided subject to the following conditions:

The Client will make a complete and accurate disclosure to the Firm of all facts relating to any matter that is the subject of Services. The Client accepts that the facts disclosed to the Firm by the Client will be taken to be a complete and accurate record of the facts unless the Client notifies the Firm in writing of any necessary alterations or additions.

The Firm will accept no liability arising directly or indirectly as a result of incomplete or inaccurate disclosure to the Firm. The Client accepts that any such liability shall be borne by the Client.

CHANGES TO WEBSITE

CheapAccounting.co.uk reserves the right to:

change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that CheapAccounting.co.uk shall not be liable to you for any such change or removal; and

change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

LINKS TO THIRD PARTY WEBSITES

The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

COPYRIGHT

All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to CheapAccounting.co.uk or otherwise used by CheapAccounting.co.uk as permitted by law.

In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

DISCLAIMERS AND LIMITATION OF LIABILITY

The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

To the extent permitted by law, CheapAccounting.co.uk will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

CheapAccounting.co.uk makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

The liability of the Firm for all or any damages or losses (including interest and cost) suffered or incurred by the Client shall be limited to the damages which shall in no circumstances exceed the Price of the Services and the Firm shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

The Client agrees to hold harmless and indemnify the Firm against any misrepresentation, whether intentional or unintentional, supplied orally or in writing in connection with this agreement. The Client agrees not to bring any claim in connection with services provided by the Firm against any of the Firm's employees on a personal basis.

Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of CheapAccounting.co.uk for death or personal injury as a result of the negligence of CheapAccounting.co.uk or that of its employees or agents.

INDEMNITY

You agree to indemnify and hold CheapAccounting.co.uk and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against CheapAccounting.co.uk arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

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.

WAIVER

No waiver by the Firm (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.