Liverpool BA – PromoteSME
1.1 – “Buyer” or “Customer” means the individual or organisation who buys or agrees to buy the goods and/or services from the supplier;
1.2 – “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 – “Contract” means the contract between the supplier and the buyer for the sale and purchase of goods and/or services incorporating these Terms and Conditions;
1.4 – “Goods” means the articles that the buyer agrees to buy from the supplier;
1.5 – “Services” means the services that the buyer agrees to buy from the supplier;
1.6 – “Supplier” means Liverpool BA of 54 St James Street, Liverpool, L1 0AB that owns and operates www.promotesme.com;
1.7 – “Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the supplier;
1.8 – “Website” means www.promotesme.com
2.1 – Nothing in these Terms and Conditions shall affect the buyer’s statutory rights.
2.2 – These Terms and Conditions shall apply to all contracts for the sale of goods and/or services by the supplier to the buyer and shall prevail over any other documentation or communication from the buyer.
2.3 – The purchase of goods and/or services shall be deemed conclusive evidence of the buyer’s acceptance of these Terms and Conditions.
2.4 – 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 Supplier.
2.5 – Any special conditions applying to the provision of the services are set out in the schedule to this agreement.
2.6 – Any complaints should be addressed to the supplier’s address.
3.1 – All orders for goods and/or services shall be deemed to be an offer by the buyer to purchase goods and/or services pursuant to these Terms and Conditions and are subject to acceptance by the supplier. The supplier may choose not to accept an order for any reason.
3.2 – When making an order through the website, the steps the buyer needs to take to complete the order process are described on the website
We reserve the right to review and modify fees periodically as service provision changes.
4. PRICE AND PAYMENT
4.1 – The price of the goods and/or services shall be that stipulated on the website. All rates and fees are exclusive of VAT, which will be charged at the prevailing rate.
4.2 – The total purchase price, including VAT and delivery charges, if any, will be displayed in the buyer’s shopping cart prior to confirming the order.
4.3 – After the order is received the supplier shall confirm by email the details, description and price for the goods and/or services together with any other relevant information
4.4 – Payment of the price plus VAT and delivery charges, if applicable, must be made at the time of ordering.
4.5 – Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the supplier will be entitled immediately to cease or suspend the provision of any service or further work until payment has been received.
4.6 – Where applicable, the supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 5% per annum above the base rate of Natwest from time to time in force.
5. CUSTOMER’S OBLIGATIONS
5.1 The Customer shall:
i) co-operate with the Supplier in all matters relating to the Services;
iii) provide the Supplier with such information and materials as the Supplier may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
5.2 If our performance of any of our obligations under the contract is prevented or delayed by any act or omission by the Customer or failure by you to perform any relevant obligation (Customer Default):
i) without limiting or affecting any other right or remedy available to us, we shall have the right to suspend performance of all services until you remedy the Customer Default, and to rely on the Customer Default to relieve us from the performance of any of our obligations in each case to the extent the Customer Default prevents or delays our performance of any of its obligations;
ii) we shall not be liable for any costs or losses sustained or incurred by you, arising directly or indirectly from the failure or delay to perform any of our obligations as set out in this Clause; and
iii) You shall reimburse us on written demand for any costs or losses sustained or incurred by us, arising directly or indirectly from the Customer Default
6. ARTWORK & DESIGN
Artwork and design facilities are included in the packages offered on the website. Where additional artwork is necessary, an extra charge may be made dependent on the amount of work involved, subject to the agreement and approval of the buyer.
7. PERFORMANCE OF SERVICES
7.1 – The supplier shall begin to perform the services upon receipt of a completed order.
7.2 – The supplier shall perform the services with reasonable skill and care. However, where applicable, the supplier does not guarantee that the services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The supplier may have to suspend the services for repair, maintenance or improvement. If so, the supplier will restore them as quickly as is reasonably possible.
8. RIGHTS OF SUPPLIER
8.1 – The supplier reserves the right to periodically update prices on the website, which cannot be guaranteed for any period of time. The supplier shall make every effort to ensure prices are correct at the point at which the buyer places an order.
8.2 – The supplier reserves the right to withdraw any goods and/or services from the website at any time.
8.3 – The supplier shall not be liable to anyone for withdrawing any goods and/or services from the website or for refusing to process an order.
9. AUTHORITY TO PURCHASE
If the supplier discovers that the buyer is not legally entitled to order certain goods and/or services, the supplier shall be entitled to cancel the order immediately, without notice.
10. DELIVERY OF GOODS AND/OR SERVICES
10.1 – Promotional services offered on the website will normally be commenced within 7 working days of acceptance of order.
10.2 – The supplier shall use its reasonable endeavours to meet any date agreed for delivery of services. In any event time of delivery shall not be of the essence and the supplier shall not be liable for any losses, costs, damages or expenses incurred by the buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
10.3 – Where a specific delivery date has been agreed, and where this delivery date cannot be met, the buyer will be notified and given the opportunity to agree a new delivery date.
11. LIMITATION OF LIABILITY
11.1 We shall provide the Services in good faith, however, due to the nature of the Services, We do not warrant that the Services shall be uninterrupted or error free and no warranty, either express or implied, is given in relation to the Services.
11.2 The Customer acknowledges that We have no control over the information transmitted by the Customer via the Service and that We do not examine the use to which the Customer puts the Service or the nature of the information the Customer sends or receives. We hereby excludes all liability of any kind for the transmission or reception of information of whatever nature.
11.3 We do not accept any liability whatsoever for the acts or omissions of other providers of telecommunication service or for faults in or failures of their apparatus.
11.4 Our liability shall not in any event include loss whether direct or indirect of business, revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or total consequential loss whatsoever.
11.5 We make no warranty as regards to Our Services and will not be responsible for any damage allegedly suffered or claimed by the Customer for any reason including but not limited to loss of data, wrong or non deliveries and service interruptions.
11.6 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded.
11.7 Nothing in these Conditions shall exclude our liability for death or personal injury resulting from our negligence;
11.8 Our total aggregate liability to the Customer for any claim in contract, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the Charges paid by the Customer in respect of the Services which are the subject of any such claim;
11.9 In any event no claim shall be brought unless the Customer has notified Us of the claim within three months of it arising.
No waiver by the supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
13. FORCE MAJEURE
The supplier 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, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the supplier shall be entitled to a reasonable extension of its obligations.
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.
15. CHANGES TO TERMS AND CONDITIONS
The supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the buyer upon making a purchase.
16. GOVERNING LAW AND JURISDICTION
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.
17.1 – All prices shown are exclusive of VAT, unless otherwise stated.
17.2 – Liverpool BA DO NOT imply that they are endorsed or approved by the owners of any brand names or trademarks that may be featured across our website.
Complaints are defined as any expression of dissatisfaction or grievance made in relation to our business.
If you are unhappy with any element of the Liverpool BA PromoteSME service, please let us know by contacting us by telephone on 0151 709 8932, by emailing email@example.com or in writing to Liverpool BA, 54 St James Street, Liverpool L1 0AB
When taking a complaint, we will record the name and contact details of the customer, as well as full details of the complaint including the date.
We will not share customers personal details or details of their complaint unless we have their written consent.
We strive to resolve all complaints within 10 working days. Written complaints will be acknowledged promptly.