expert
Hostcomm Ltd
- 8 Broad Street, Ottery St Mary, Ottery St Mary Exeter, Devon, United Kingdom (UK)
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Terms And Conditions
assistAR
Standard terms of business for the supply of services by experts via AssistAR
1.1 assistAR provides a platform for service users to obtain expert advice.
1.2 What these terms cover. These are the terms and conditions on which third party experts supply services to service users via assistAR. assistAR’s service user terms will apply to your use of the assistAR website which can be found here [INSERT LINK TO SERVICE USER TERMS]. assistAR is not a party to the contract between service users and experts. Please read assistAR’s service user terms which sets out your contractual relationship with assistAR in more detail.
1.3 References to ‘we, our, us’ mean the expert providing the service to via assistAR set out in your order confirmation. References to ‘you, ‘your’, ‘customer’ or ‘consumer’ means the recipient of the service provided by the expert via assistAR.
1.4 Why you should read them. Please read these terms carefully before you use our services. These terms tell you who we are, how we will provide our services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.5 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
· You are an individual.
· You are buying services wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
Provisions specific to consumers only are in [COLOUR[DG1] ] and those specific to businesses only are in [COLOUR].
1.6 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
1.7 How to contact us. You can contact us via [LINK].[DG2]
1.8 How we may contact you. If we have to contact you we will do so at the email address you provided to us in your order.
2.1 How we will accept your order. Our acceptance of your order will take place when we send you a confirmation email confirming we accept it, at which point a contract will come into existence between you and us.
2.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the services.
2.3 Your [order[DG3] ] number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3. Your rights to make changes
If you wish to make a change to the services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
4.1 Minor changes to the service. We may change the service:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the services.
4.2 More significant changes to the services and these terms. In addition, as we informed you in the description of the service on our website, we may make more substantial changes to the services, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received.
4.3 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
5.1 When we will provide the service. We will begin the services on the date and time agreed with you during the order process.
5.2 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
5.3 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the service to you. If so, this will have been stated during the order process. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 8.2 will apply). We will not be responsible for delay or our inability to provide the service if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5.4 Reasons we may suspend the service. We may have to suspend the service to:
(a) deal with technical problems or make minor technical changes;
(b) update the service to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 4).
5.5 Your rights if we suspend the supply of the service. We will contact you in advance to tell you we will be suspending the service, unless the problem is urgent or an emergency. If we have to suspend the service we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than [DAYS] and we will refund any sums you have paid in advance for the service in respect of the period after you end the contract.
6. Your rights to end the contract
6.1 You can always end your contract with us. Your rights when you end the contract will depend on what service you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2;
(b) If you are a consumer and have just changed your mind about the service, see clause 6.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
(c) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see Error! Bookmark not defined.Error! Reference source not found..
6.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the service or these terms which you do not agree to (see clause 4.2);
(b) we have told you about an error in the price or description of the service you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the service may be significantly delayed because of events outside our control;
(d) we have suspended the service for technical reasons, or notify you we are going to suspend it for technical reasons, in each case for a period of more than [DAYS]; or
(e) you have a legal right to end the contract because of something we have done wrong.
6.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). Your right as a consumer to change your mind does not apply in respect of our services once these have commenced or been completed, even if the cancellation period is still running;
6.4 How long do consumers have to change their minds? If you are a consumer you have 14 days after the day we email you to confirm we accept your order. However, once we have commenced or completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
6.5 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 6.1), you can still end the contract before it is completed. A contract for services is completed when we have commenced or finished providing the services. If you want to end the contract in these circumstances, just contact us to let us know.
7. How to end the contract with us (including if you are a consumer who has changed their mind)
7.1 Tell us you want to end the contract. To end the contract with us, please let us know by completing the [form INSERT LINK TO ONLINE FORM TO CONTACT EXPERT].
7.2 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid by the method you used for payment. However, we may make deductions from the price, as described below.
7.3 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
7.4 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
8. Our rights to end the contract
8.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within [7] days of us reminding you that payment is due; or
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services.
8.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9. If there is a problem with the service
How to tell us about problems. If you have any questions or complaints about the service, please contact us.
10.1 Where to find the price for the service. The price (which includes VAT) will be the price indicated on the order pages when you placed your order. We take care to ensure that the price advised to you is correct. However please see clause 10.3 for what happens if we discover an error in the price of the service you order.
10.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the services, we will adjust the rate of VAT that you pay, unless you have already paid for the service in full before the change in the rate of VAT takes effect.
10.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, the services may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
10.4 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
10.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of [5]% a year above the Bank of England base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11. Our responsibility for loss or damage suffered by you if you are a consumer
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.
11.3 When we are liable for damage to your property. If we are providing services we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
11.4 When we are liable for damage caused by defective digital content. If services which we have supplied damage a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice or for damage which was caused by you failing to correctly follow instructions.
11.5 We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 12.
12. Our responsibility for loss or damage suffered by you if you are a business
12.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) defective products under the Consumer Protection Act 1987.
12.2 Except to the extent expressly stated above, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for services under such contract.
13. How we may use your personal information
13.1 How we will use your personal information. We will only use your personal information as set out in our [LINK TO PRIVACY POLICY].
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree.
14.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms[, except as explained in clause 14.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
14.7 Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. Please ask us for further details.
14.8 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
