These terms and Conditions include

A. Summary of Training Course Cancellation and transfer policy

1. Website Terms and Conditions

2. Standard terms and conditions for goods and services not purchased online

3. Standard terms and conditions for subscriptions purchased online 

4. Standard terms and conditions for goods and services purchased online by a business

5. Standard terms and conditions for goods and services purchased online by a consumer

A. Summary of Training Course Cancellation and transfer policy

If a training place cannot be used by the buyer, it can be transferred (with 14 days prior notice) to another person, on receipt of notification by email.

A training place may be transferred without charge (with 14 days prior notice), to an alternative date, at the discretion of Code Consultancy Services Ltd, who will always try to accommodate the changes.

If no alternative date is found, a refund minus an administration charge of up to 20% will be made. In the case of a training place being cancelled with between 14 and 7 days notice, 50% of the fee will be refunded, if cancelled with less than 7 days notice, the full course fee must be paid.

If transfers are requested more than once, a fee of 25% of the total may be applied to each subsequent transfer.

Code Consultancy Services Ltd reserves the right to cancel a course. In such cases full refunds will be made on all bookings or a free transfer made to an alternative date.

1. Website Terms and Conditions

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Code Consultancy Services LTD's relationship with you in relation to this website. The term 'Code Consultancy Services LTD' or 'us' or 'we' refers to the owner of the website whose registered office is:145 St John Street , London, EC1V 4PY. T: 0207 608 5524. The term 'you' refers to the user or viewer of our website. The use of this website is subject to the following terms of use: * The content of the pages of this website is for your general information and use only. It is subject to change without notice. * Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. * Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. * This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. * All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. * Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence. * From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). * You may not create a link to this website from another website or document without Code Consultancy Services LTD's prior written consent. * Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales. Website disclaimer The information contained in this website is for general information purposes only. The information is provided by Code Consultancy Services LTD and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Through this website you are able to link to other websites which are not under the control of Code Consultancy Services LTD. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, Code Consultancy Services LTD takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control. Blogs Some individuals may post information on the Code Consultancy Services LTD site. The opinions expressed in blogs are their own, are not necessarily reviewed in advance by anyone but the individual authors, and neither Code Consultancy Services LTD nor any other party necessarily agrees with them. Copyright notice This website and its content is copyright of Code Consultancy Services LTD - © Code Consultancy Services LTD 2008-18. All rights reserved. Except where stated otherwise, any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: * you may print or download to a local hard disk extracts for your personal and non-commercial use only. * you may copy the content to individual third parties for their personal use, but only if if you acknowledge the website as the source of the material. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

2. Standard terms and conditions for goods and services not purchased online

Code Consultancy Services Ltd

STANDARD TERMS AND CONDITIONS

FOR GOODS AND SERVICES NOT PURCHASED ONLINE

1.            Application of Conditions

1.1          The Supplier shall supply and the Customer shall purchase the Goods and Services in accordance with the proposal and any modifications agreed which are subject to these Conditions.

1.2          The Contract shall be to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Customer.

2.            Definitions and Interpretation

2.1          In these Conditions:-

2.2          Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.

2.3          The headings in these Conditions are for convenience only and shall not affect their interpretation.

3.            Basis of Sale and Service

3.1          The Supplier's employees or agents are not authorised to make any representations concerning the Goods and Services unless confirmed by the Supplier in writing.  In entering into the Contract the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.

3.2          No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Customer and the Supplier.

3.3          Sales literature, price lists and other documents issued by the Supplier in relation to the Goods and Services are subject to alteration without notice and do not constitute offers to sell the Goods which are capable of acceptance.  An order placed by the Customer may not be withdrawn cancelled or altered prior to acceptance by the Supplier and no contract for the sale of the Goods and Services shall be binding on the Supplier unless the Supplier has issued a quotation which is expressed to be an offer to sell the goods and services or has accepted an order placed by the Customer by whichever is the earlier of:-

3.3.1     the Supplier's written acceptance;

3.3.2     delivery of the Goods; or

3.3.3     the Supplier's invoice.

3.4          Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Supplier shall be subject to correction without any liability on the part of the Supplier.

4.            The Goods

4.1          No order submitted by the Customer shall be deemed to be accepted by the Supplier unless and until confirmed in writing by the Supplier's authorised representative.

4.2          The specification for the Goods shall be those set out in the Supplier's sales documentation unless varied expressly in the Customer's order (if accepted by the Supplier). The Goods will only be supplied in the minimum units (or multiples) stated in the Supplier's price list or in multiples of the sales outer as specified. Orders received for quantities other than these will be adjusted accordingly, illustrations, photographs or descriptions whether in catalogues, brochures, price lists or other documents issued by the Supplier are intended as a guide only and shall not be binding on the Supplier.

4.3          The Supplier reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory or regulatory requirements or, where the Goods are to be supplied to the Supplier's specification, which do not materially affect their quality or performance.

4.4          No order which has been accepted by the Supplier may be cancelled by the Customer except with the agreement in writing of the Supplier on the terms that the Customer shall indemnify the Supplier in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Supplier as a result of cancellation.

5.            The Services

5.1          With effect from the Commencement Date the Supplier shall, in consideration of the Fees being paid in accordance with the Terms of Payment will provide the services expressly identified in the proposal or otherwise agreed under this agreement.

5.2          The Supplier will use reasonable care and skill to perform the services identified in the proposal or otherwise agreed under this agreement.

5.3          The Supplier shall use all reasonable endeavours to complete its obligations under the Schedule, but time will not be of the essence in the performance of these obligations.

6.            Price

6.1          The price of the Goods and Services shall be the price listed in proposal current at the date of acceptance of the Customer's order or such other price as may be agreed in writing by the Supplier and the Customer.

6.2          Where the Supplier has quoted a price for the Goods other than in accordance with the Supplier's published price list the price quoted shall be valid for 30 days only or such lesser time as the Supplier may specify.

6.3          The Supplier reserves the right, by giving notice to the Customer at any time before delivery, to increase the price of the Goods and Services to reflect any increase in the cost to the Supplier which is due to any factor beyond the control of the Supplier (such as, without limitation, any foreign exchange fluctuation currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods and services which are requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate information or instructions.

6.4          Except as otherwise stated under the terms of any proposal or in any price list of the Supplier, and unless otherwise agreed in writing between the Customer and the Supplier, all prices are inclusive of the Supplier's charges for packaging and transport as specified in the proposal.

6.5          The price is exclusive of any applicable value added tax excise, sales or taxes or levies of a similar nature which are imposed or charged by any competent fiscal authority in respect of the Goods and Services, which the Customer shall be additionally liable to pay to the Supplier.

6.6  The price quoted is based on the project being completed within 18 months of the date of commissioning, unless stated otherwise in the proposal. Code Consultancy Services Ltd reserves the right to charge additional payment for projects extending beyond 18 months of the date of commissioning. The  additional cost will be will be charged at £75 per hour. The minimum additional charges are £100 per month for small projects or £150 per month for larger projects. 

7.            Payment

7.1          All payments required to be made pursuant to this Agreement by either party shall be made in accordance with the payment terms in the proposal or where not specified, within 14 days of the date of the relevant invoice, without any set-off, withholding or deduction except such amount (if any) of tax as that party is required to deduct or withhold by law.

7.2          The time of payment shall be of the essence of these terms and conditions.  If the Customer fails to make any payment on the due date in respect of the price or any other sum due under these terms and conditions then the Supplier shall, without prejudice to any right which the Supplier may have pursuant to any statutory provision in force from time to time, have the right to charge the Customer interest on a daily basis at an annual rate equal to the aggregate of 2 per cent and the base rate of Barclays Bank from time to time on any sum due and not paid on the due date. Such interest shall be calculated cumulatively on a daily basis and shall run from day to day and accrue after as well as before any judgement.

7.3          All payments shall be made to the Supplier as indicated on the form of acceptance or invoice issued by the Supplier.

7.4          Refunds due to cancellations will only be made if stated in the proposal and then only according to the service specific policy. For clarification; once a proposal has been accepted and instruction to proceed given or implied, for a Code Assessment or a BREEAM assessment or other service, any cancellation by the customer will result in the full fee being payable within 14 days. A service will be deemed to be cancelled if the customer indicates that they will not progress or finalise the work within 12 months.

8.            Delivery and Performance

8.1          Delivery of the Goods shall be made by the Supplier delivering the Goods to the place in the United Kingdom specified in the proposal.

8.2          The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by the Supplier in writing. The Goods may be delivered by the Supplier in advance of the Delivery Date upon giving reasonable notice to the Customer.

8.3          If the Customer fails to take delivery of the Goods or any part of them on the Delivery Date and/or fails to provide any instructions, documents, licences, consents or authorisations required to enable the Goods to be delivered on that date, the Supplier shall be entitled upon given written notice to the Customer to store or arrange for the storage of the Goods and then notwithstanding the provision of Condition 10.1 of these Conditions risk in the Goods shall pass to the Customer, delivery shall be deemed to have taken place and the Customer shall pay to the Supplier all costs and expenses including storage and insurance charges arising from such failure.

8.4          With effect from the Commencement Date the Supplier shall, in consideration of the amount(s) being paid in accordance with the proposal will provide the services expressly identified in the schedule or otherwise agreed under this agreement.

9.            Non-Delivery of Goods and Services

9.1          If the Supplier fails to deliver the Goods or Services and any of them on the Delivery Date other than for reasons outside the Supplier's reasonable control or the Customer's or its carrier's fault:-

9.1.1     if the Supplier delivers the Goods and Services at any time thereafter the Supplier shall have no liability in respect of such late delivery;

9.1.2     if the Customer gives written notice to the Supplier within 14 business days after the Delivery Date and the Supplier fails to deliver the Goods and Services within 14 Business Days after receiving such notice the Customer may cancel the order and the Supplier's liability shall be limited to the excess (if any) of the cost of the Customer (in the cheapest available market) of similar goods to those not delivered over the price of the Goods not delivered..

10.         Risk and Retention of Title

10.1       Risk of damage to or loss of the Goods shall pass to the Customer at:

10.1.1   in the case of Goods to be delivered at the Supplier's premises, the time when the Supplier notifies the Customer that the Goods are available for collection;

10.1.2   in the case of Goods to be delivered otherwise than at the Supplier's premises, the time of delivery or, if the Customer wrongfully fails to take delivery of the Goods, the time when the Supplier has tendered delivery of the Goods; or

10.1.3   in the case of goods being installed by the Supplier, the time that the Supplier notifies the Customer that the installation is complete.

10.2       Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, legal and beneficial title of the Goods shall not pass to the Customer until the Supplier has received in cash or cleared funds payment in full of the price of the Goods.

10.3       [Sub-clause 10.2 notwithstanding, legal and beneficial title of the Goods shall not pass to the Customer until the Supplier has received in cash or cleared funds payment in full of the price of the Goods and any other goods supplied by the Supplier and the Customer has repaid all moneys owed to the Supplier, regardless of how such indebtedness arose.]

10.4       Until payment has been made to the Supplier in accordance with these Conditions and title in the Goods has passed to the Customer, the Customer shall be in possession of the Goods as bailee for the Supplier and the Customer shall store the Goods separately and in an appropriate environment, shall ensure that they are identifiable as being supplied by the Supplier and shall insure the Goods against all reasonable risks.

10.5       The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the Supplier, but if the Customer does so all money owing by the Customer to the Supplier shall (without prejudice to any other right or remedy of the Supplier) forthwith become due and payable.

10.6       The Supplier reserves the right to repossess any Goods in which the Supplier retains title without notice. The Customer irrevocably authorises the Supplier to enter the Customer’s premises during normal business hours for the purpose of repossessing the Goods in which the Supplier retains title and inspecting the Goods to ensure compliance with the storage and identification requirements of sub-clause 10.4.

10.7       The Customer’s right to possession of the Goods in which the Supplier maintains legal and beneficial title shall terminate if;

10.7.1   The Customer commits or permits any material breach of his obligations under these Conditions;

10.7.2   The Customer enters into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with his creditors;

10.7.3   The Customer is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors;

10.7.4   The Customer convenes any meeting of its creditors, enters into voluntary or compulsory liquidation, has a receiver, manager, administrator or administrative receiver appointed in respect of its assets or undertaking or any part thereof, any documents are filed with the court for the appointment of an administrator in respect of the Customer, notice of intention to appoint an administrator is given by the Customer or any of its directors or by a qualifying floating charge-holder (as defined in paragraph 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of the Customer or for the granting of an administration order in respect of the Customer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Customer.

11.         Assignment

11.1       The Supplier may assign the Contract or any part of it to any person, firm or company.

11.2       The Customer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Supplier.

12.         Defective Goods

12.1       If on delivery any of the Goods are defective in any material respect and either the Customer lawfully refuses delivery of the defective Goods or, if they are signed for on delivery "condition and contents unknown" the Customer gives written notice of such defect to the Supplier within three business days of such delivery, the Supplier shall at its option:-

12.1.1   replace the defective Goods within 14 days of receiving the Customer's notice; or

12.1.2   refund to the Customer the price for the goods which are defective;

but the Supplier shall have no further liability to the Customer in respect thereof and the Customer may not reject the Goods if delivery is not refused or notice give by the Customer as aforesaid.

12.2       No Goods may be returned to the Supplier without the prior agreement in writing of the Supplier.  Subject thereto any Goods returned which the Supplier is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection shall either be replaced free of charge or, at the Supplier's sole discretion the Supplier shall refund or credit to the Customer the price of such defective Goods but the Supplier shall have no further liability to the Customer.

12.3       The Supplier shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow the Supplier's instructions (whether oral or in writing), misuse or alteration of the Goods without the Supplier's approval, or any other act or omission on the part of the Customer, its employees or agents or any third party.

12.4       Goods, other than defective Goods returned under Conditions 12.1 or 12.2, returned by the Customer and accepted by the Supplier may be credited to the Customer at the Supplier's sole discretion and without any obligation on the part of the Supplier.

12.5       Subject as expressly provided in these Conditions, and except where the Goods are sold under a consumer sale, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

12.6       The Customer shall be responsible to ensure that, except to the extent that instructions as to the use or sale of the Goods are contained in the packaging or labelling of the Goods, any use or sale of the Goods by the Customer is in compliance with all applicable statutory handling and sale of the Goods by the Customer is carried out in accordance with directions given by the Supplier or any competent governmental or regulatory authority and the Customer will indemnify the Supplier against any liability loss or damage which the Supplier might suffer as a result of the Customer's failure to comply with this condition.

13.         Customer's Default

13.1       If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to:-

13.1.1   cancel the order or suspend any further deliveries of Goods and Services to the Customer;

13.1.2   appropriate any payment made by the Customer to such of the Goods and Services (or the goods supplied under any other contract between the Customer and the Supplier) as the Supplier may think fit (notwithstanding any purported appropriation by the Customer); and

13.2       This condition applies if:-

13.2.1   the Customer fails to perform or observe any of its obligations hereunder or is otherwise in breach of the Contract; or

13.2.2   the Customer becomes subject to an administration order or makes any voluntary arrangement with its creditors (within the meaning of the Insolvency Act 1986) or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation; or

13.2.3   an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer; or

13.2.4   the Customer ceases, or threatens to cease, to carry on business; or

13.2.5   the Supplier reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.

13.3       If Condition 13.2 applies then, without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

14.         Liability

14.1       Except in respect of death or personal injury caused by the Company’s negligence, the Company will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under express terms of this contract, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the Company’s servants or agents or otherwise) which arise out of or in connection with the supply of the Goods and Services.

14.2       The Customer shall indemnify the Supplier against all damages, costs, claims and expenses suffered by  arising from loss or damage to any equipment (including that of third parties) caused by the Customer, or its agent or employees.

14.3       Where the Customer consists of two or more persons such expression throughout shall mean and include such two or more persons and each or any of them.  All obligations on the part of such a Customer shall be joint and several obligations of such persons.

14.4       The Supplier shall not be liable to the Customer or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of the Supplier's obligations if the delay or failure was due to any cause beyond the Supplier's reasonable control.

15.         Communications

15.1       All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax or sent by electronic mail:

15.1.1   (in the case of communications to the Supplier) to its registered office or such changed address as shall be notified to the Customer by the Supplier; or

15.1.2   (in the case of the communications to the Customer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Customer set out in any document which forms part of the Contract or such other address as shall be notified to the Supplier by the Customer.

15.2       Communications shall be deemed to have been received:

15.2.1   if sent by pre-paid first class post, two Business Days after posting (exclusive of the day of posting); or

15.2.2   if delivered by hand, on the day of delivery; or

15.2.3   if sent by fax or electronic mail on a Business Day prior to 4.00 pm, at the time of transmission and otherwise on the next Business Day.

15.3       Communications addressed to the Supplier shall be marked for the attention of Steven Knight.

16.         Force Majeure

16.1       In the event that either party is prevented from fulfilling its obligations under this Agreement by reason of any supervening event beyond its control including but not limited to war, national emergency, flood, earthquake, strike or lockout (subject to Sub-clause 16.2) the party shall not be deemed to be in breach of its obligations under this Agreement. The party shall immediately give notice of this to the other party and must take all reasonable steps to resume performance of its obligations.

16.2       Sub-clause 16.1 shall not apply with respect to strikes and lockouts where such action has been induced by the party so incapacitated.

16.3       Each party shall be liable to pay to the other damages for any breach of this Agreement and all expenses and costs incurred by that party in enforcing its rights under this Agreement.

16.4       If and when the period of such incapacity exceeds 6 months then this Agreement shall automatically terminate unless the parties first agree otherwise in writing.

17.         Waiver

No waiver by the Supplier of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.

18.         Severance

If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

19.         Third Party Rights

A person who is not a party to the Contract shall have no rights under the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.

20.         Governing Law and Jurisdiction

These terms and conditions shall be governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English and Welsh courts.

3. Standard terms and conditions for goods and services purchased online

BACKGROUND:

This agreement applies as between you, the User of this Web Site and Code Consultancy Services Ltd, the owner(s) of this Web Site.  Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.

1.            Definitions and Interpretation

In this Agreement the following terms shall have the following meanings: 

2.            Intellectual Property

2.1          Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Code Consultancy Services Ltd, or our affiliates.  By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

2.2          Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 or those detailed in Clauses 3 and 4 of these Terms and Conditions apply.

3.            Use of Free Content

You may print, reproduce, copy, distribute, store or in any other fashion re-use Free Content from the Web Site for personal, commercial or educational purposes only unless otherwise indicated on the Web Site or unless given express written permission to do so by Code Consultancy Services Ltd.  Specifically you agree that:

3.1          you will not systematically copy Free Content from the Web Site with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Code Consultancy Services Ltd;

3.2          you may, as a student of a recognised Learning Establishment, use the Free Content of the Web Site for educational purposes provided an appropriate reference is given for all Content so applied using a suitable referencing system of your choice or as stipulated by your Learning Establishment; and

3.3          employees of Learning Establishments may use the Free Content of the Website for teaching purposes.

4.            Use of Paid Content

4.1          Payment of a Subscription Fee grants you a licence to use all Paid Content on the Web Site for the duration of your subscription.  You may use such Content in the following ways:

4.1.1     for personal purposes;

4.1.2     for commercial purposes; and

4.1.3     for educational purposes.

4.2          Under such a licence, you agree that:

4.2.1     you will not systematically copy Paid Content from the Web Site with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Code Consultancy Services Ltd;

4.2.2     you may, as a student of a recognised Learning Establishment, use the Paid Content of the Web Site for educational purposes provided an appropriate reference is given for all Content so applied using a suitable referencing system of your choice or as stipulated by your Learning Establishment; and

4.2.3     employees of Learning Establishments may use the Paid Content of the Website for teaching purposes.

5.            Third Party Intellectual Property

Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties.  This Content, unless expressly stated to be so, is not covered by any permission granted by Clauses 3 and 4 of these Terms and Conditions to use Content from the Web Site.  Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.

6.            Links to Other Web Sites

This Web Site may contain links to other sites.  Unless expressly stated, these sites are not under the control of Code Consultancy Services Ltd or that of our affiliates.  We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

7.            Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.codeconsultancy.co.uk without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of Code Consultancy Services Ltd.  To find out more please contact us by email at services@CodeConsultancy.co.uk.

8.            Use of Communications Facilities

8.1          When using the FORUMS/CHAT or other facilities and / or any other System on the Web Site you should do so in accordance with the following rules:

8.1.1     you must not use obscene or vulgar language;

8.1.2     you must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

8.1.3     no Content that is intended to promote or incite violence;

8.1.4     it is advised that posts on message boards, chat facilities or similar and communications with Code Consultancy Services Ltd are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;

8.1.5     you must not post links to other web sites containing any of the above types of Content;

8.1.6     the means by which you identify yourself must not violate these terms of use or any applicable laws;

8.1.7     you must not engage in any form of commercial advertising.  This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;

8.1.8     you must not impersonate other people, particularly employees and representatives of Code Consultancy Services Ltd or our affiliates; and

8.1.9     you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”;

8.2          You acknowledge that Code Consultancy Services Ltd reserves the right to monitor any and all communications made to us or using our System.

9.            Accounts

9.1          In order to access Paid Content on this Web Site and to use the forums, chat or similar facilities you are required to create an Account which will contain certain personal details which may vary based upon the type of Account that you choose.  By continuing to use this Web Site you represent and warrant that:

9.1.1     all information you submit is accurate and truthful; and

9.1.2     you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

9.2          Sharing of accounts is not permitted unless expressly authorised in writing by Code Consultancy Services Ltd.  You are required to keep your Account details confidential and must not reveal your Username and Password to anyone.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

9.3          When choosing your Username you are required to adhere to the terms set out above in Clause 8.  Any failure to do so could result in the suspension and/or deletion of your Account.

10.         Subscriptions

10.1       Subscription charges commence on the date that you activate your subscription.  Your credit / debit card will be billed on activation and at periods agreed and specified for the product/service you are purchasing thereafter.

10.2       Your first payment will be at the price advertised on the Web Site.  Code Consultancy Services Ltd reserve the right to change Subscription Fees from time to time and any such changes may affect your subscription rate:

10.2.1   increases in price wil be reflected in your subscription on the date of the immediately subsequent renewal; and

10.2.2   decreases in price will be reflected in your subscription on the date of the immediately subsequent renewal.

For further information on subscriptions and pricing, please visit our Subscriptions page.

10.3       If you terminate your subscription or account you will continue to have access to the Paid Content for the remainder of the Subscription Period you are currently in up until the renewal date whereupon access will cease unless you choose to pay the Subscription Fee and reactivate your subscription.

10.4       If you have subscribed in error you must inform Code Consultancy Services Ltd within 24 hours of subscribing and must not use the Web Site or its Content during that time.  If any use can be traced to your Account, no refund will be provided.

11.         Termination

11.1       Either Code Consultancy Services Ltd or you may terminate your account and (where relevant) your subscription.  If Code Consultancy Services Ltd terminates your Account or subscription, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

11.2       If Code Consultancy Services Ltd terminates your account as a result of your breach of these Terms and Conditions you will not be entitled to any refund.

11.3       If Code Consultancy Services Ltd terminates your account or subscription for any other reason, you will be refunded any remaining balance of your Subscription Fee.  Such a refund will be calculated based upon the fee being divided by the number of days in the applicable Subscription Period and multiplied by the number of days remaining until the end of the Subscription Period.

11.4       If Code Consultancy Services Ltd terminates your account or subscription, you will cease to have access to Paid Content from the date of termination.

11.5       If you terminate your account or subscription, you will continue to have access to Paid Content for the remainder of your subscription period as per Clause 10.3.

12.         Privacy

Use of the Web Site is also governed by our privacy policy which is incorporated into these terms and conditions by this reference.  To view the Privacy Policy, please click on the link above or search on the website.

13.         Disclaimers

13.1       Code Consultancy Services Ltd makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.

13.2       Whilst every reasonable endeavour has been made to ensure that all information provided on this Web Site will be accurate and up to date, Code Consultancy Services Ltd makes no warranty or representation that this is the case.  We make no guarantee of any specific results from the use of our services.

13.3       No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

13.4       Commercial use of the information on this Web Site is permitted, however Code Consultancy Services Ltd makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.

13.5       Whilst every effort has been made to ensure that all descriptions of services available from Code Consultancy Services Ltd correspond to the actual services available, Code Consultancy Services Ltd is not responsible for any variations from these descriptions.

14.         Availability of the Web Site

The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

Code Consultancy Services Ltd accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

15.         Limitation of Liability

15.1       Code Consultancy Services Ltd liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising out of our breach of these Terms and Conditions shall be limited to the value of a User’s current subscription.  For all other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein, to the maximum extent permitted by law, Code Consultancy Services Ltd accepts no liability. Users should be aware that they use the Web Site and its Content at their own risk.

15.2       Nothing in these Terms and Conditions excludes or restricts Code Consultancy Services Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of Code Consultancy Services Ltd.

15.3       Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

16.         No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

17.         Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

18.         Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to services@codeconsultancy.co.uk.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

19.         Law and Jurisdiction

These Terms and Conditions and the relationship between you and Code Consultancy Services Ltd shall be governed by and construed in accordance with the Law of England and Wales and Code Consultancy Services Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

4. Standard terms and conditions for goods and services purchased online by a business

BACKGROUND:

This agreement applies as between you, the User of this Web Site or Purchaser and Code Consultancy Services Ltd, the owner(s) of this Web Site.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

No part of this Web Site is intended to constitute a contractual offer capable of acceptance.  The Purchaser’s order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to the Purchaser indicating that the order has been fulfilled and has been dispatched.

1.            Definitions and Interpretation

In this Agreement the following terms shall have the following meanings: 

2.            Business Customers

These Terms and Conditions apply to business customers only. IF YOU ARE A NON-BUSINESS CUSTOMER PLEASE CONSULT OUR BUSINESS TERMS AND CONDITIONS for consumers LOCATED below.

3.            International Customers

If Goods are being ordered from outside Code Consultancy Services Ltd’s country of residence, import duties and taxes may be incurred once the Goods reach their destination.  Code Consultancy Services Ltd is not responsible for these charges and we undertake to make no calculations or estimates in this regard.  If a Purchaser buying internationally, they are advised to contact their local customs authorities for further details on costs and procedures.  The Purchaser of the Goods will also be the importer of record and as such should ensure that the purchase is in full compliance with the laws of the country into which the Goods are being imported.  Please be aware that Goods may be inspected on arrival at port for customs purposes and Code Consultancy Services Ltd gives no guarantee that the packaging of the Goods will be free of signs of tampering.

4.            Intellectual Property

4.1          Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Code Consultancy Services Ltd, our affiliates or other relevant third parties.  By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

4.2          Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Code Consultancy Services Ltd.

5.            Third Party Intellectual Property

5.1          Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

5.2          Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.

6.            Fair Use of Intellectual Property

Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

7.            Links to Other Web Sites

This Web Site may contain links to other sites.  Unless expressly stated, these sites are not under the control of Code Consultancy Services Ltd or that of our affiliates.  We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

8.            Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.codeconsultancy.co.uk without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of Code Consultancy Services Ltd.  To find out more please contact us by email at services@CodeConsultancy.co.uk.

Use of Communications Facilities

8.1          When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:

8.1.1     obscene or vulgar language must not be used;

8.1.2     Content that is unlawful or otherwise objectionable must not be submitted.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

8.1.3     Content that is intended to promote or incite violence must not be submitted;

8.1.4     it is advised that submissions are made using the english language(s) as we may be unable to respond to enquiries submitted in any other languages;

8.1.5     the means by which Users identify themselves must not violate these terms of use or any applicable laws;

8.1.6     Users must not impersonate other people, particularly employees and representatives of Code Consultancy Services Ltd or our affiliates; and

8.1.7     our System must not be used for unauthorised mass-communication such as “spam” or “junk mail”.

8.2          You acknowledge that Code Consultancy Services Ltd reserves the right to monitor any and all communications made to us or using our System.

9.            Accounts

9.1          In order to purchase Goods on this Web Site and to use the use the forums, chat or similar facilities Users are required to create an Account which will contain certain personal details and Payment Information which may vary based upon a User’s use of the Web Site as we may not require payment information until a purchase is to be made.  By continuing to use this Web Site you represent and warrant that:

9.1.1     all information you submit is accurate and truthful;

9.1.2     if you are buying on behalf of your employers, you have the authority to submit Payment Information where any such authority is required; and

9.1.3     you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

9.2          It is recommended that you do not share your Account details, particularly your username and password.  Code Consultancy Services Ltd accepts no liability for any losses or damages incurred as a result of your Account details being shared by you.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

9.3          If you have reason to believe that your Account details have been obtained by another without consent, you should contact Code Consultancy Services Ltd immediately to suspend your Account and cancel any unauthorised purchases that may be pending.  Please be aware that purchases can only be cancelled until they are dispatched.  In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Code Consultancy Services Ltd accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.

9.4          When choosing a username Users are required to adhere to the terms set out above in Clause 9.  Any failure to do so could result in the suspension and/or deletion of your Account.

10.         Termination and Cancellation

10.1       Either Code Consultancy Services Ltd or a User may terminate an Account.  If Code Consultancy Services Ltd terminates your Account, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

10.2       If Code Consultancy Services Ltd terminates an Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.

10.3       Code Consultancy Services Ltd reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.

10.4       If purchases are cancelled for any reason prior to dispatch Purchasers will be refunded any monies paid in relation to those purchases.

10.5       If a User terminates their Account any non-dispatched purchases will be cancelled and a full refund of any monies paid in relation to those purchases will be paid through the payment method used when the Goods were purchased.

11.         Payment

11.1       Any and all invoices are due for payment on the date shown on the invoice, unless alternative arrangements have been agreed between the Purchaser and Code Consultancy Services Ltd.

11.2       Interest will be charged on a daily basis, commercial interest at 2% above the base rate of the Bank of England obtaining at the time.

12.         Goods, Pricing and Availability

12.1       Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Code Consultancy Services Ltd correspond to the actual Goods, Code Consultancy Services Ltd is not responsible for any variations from these descriptions.  This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether.  Please refer to Clause 16.1 for incorrect Goods.

12.2       Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.

12.3       Code Consultancy Services Ltd does not represent or warrant that such Goods will be available.  Stock indications may be provided on the Web Site however these may not take into account sales which have taken place during your visit to the website.

12.4       All pricing information on the Web Site is correct at the time of going online.  Code Consultancy Services Ltd reserves the right to change prices and alter or remove any special offers from time to time and as necessary.  All pricing information is reviewed and updated periodically.

12.5       In the event that prices are changed during the period between an order being placed for Goods and Code Consultancy Services Ltd processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;

12.6       All prices on the Web Site do not include VAT.  Code Consultancy Services Ltd’s VAT number is (not currently registered).

13.         Property, Risk and Account of Profits

13.1       Title in Goods will not pass to the Purchaser until the full purchase price for those Goods has been received by Code Consultancy Services Ltd.  Title remains with Code Consultancy Services Ltd until payment is complete.

13.2       If the Purchaser sells the Goods on to its own customers in any form, either as purchased from Code Consultancy Services Ltd or forming a component part of a larger Good, and any amount of the purchase price payable to Code Consultancy Services Ltd remains outstanding, the Purchaser must account to Code Consultancy Services Ltd for the proceeds of such a sale.  The Purchaser is then required to hold such proceeds on trust for Code Consultancy Services Ltd until payment has been received in full by Code Consultancy Services Ltd.

13.3       Code Consultancy Services Ltd reserves the right to trace all proceeds under the principles of Re Hallett’s Estate (1880) 13 Ch D 696.  Once the payment date has passed, if any sums remain outstanding, Code Consultancy Services Ltd has the right to enter the Purchaser’s premises and remove any Goods which, by virtue of Clause 14.1, remain the property of Code Consultancy Services Ltd.

14.         Delivery

14.1       Code Consultancy Services Ltd will notify you by way of email when your goods are to be dispatched to you.  The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.

14.2       If Code Consultancy Services Ltd receives no communication from you, within 14 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.

15.         Returns Policy

Code Consultancy Services Ltd aims to always provide high quality Goods that are fault free and undamaged.  On occasion however, goods may need to be returned.  Returns are governed by these Terms and Conditions.

15.1       If the Purchaser receives Goods which do not match those ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, the Purchaser should contact us within 10 days to arrange collection and return.  Code Consultancy Services Ltd is responsible for paying shipment costs.  The Purchaser will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used when the Goods were purchased.  Refunds and replacements will be issued upon our receipt of the returned Goods.

15.2       If any Goods purchased have faults when they are delivered, the Purchaser should contact Code Consultancy Services Ltd within 28 days to arrange collection and return.  Code Consultancy Services Ltd is responsible for paying shipment costs.  Goods must be returned in their original condition with all packaging and documentation.  Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.

15.3       If any Goods develop faults within their warranty period, the Purchaser is entitled to a repair or replacement under the terms of that warranty.

15.4       If Goods are damaged in transit and the damage is apparent on delivery, the Purchaser should sign the delivery note to the effect that the goods have been damaged.  In any event, such damage should be reported to Code Consultancy Services Ltd within 10 days and arrange collection and return.  Code Consultancy Services Ltd is not responsible for paying shipment costs.  Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.

15.5       If the Goods have been dispatched or have reached you, but the Purchaser decides that they are no longer required, the Goods can be returned to Code Consultancy Services Ltd within 10 days of receipt.  Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of Code Consultancy Services Ltd.  The Purchaser is responsible for paying shipment costs if Goods are returned for this reason.

15.6       If the Purchaser wishes to return Goods to Code Consultancy Services Ltd for any of the above reasons, please contact us using the details on contact us page of the website, to make the appropriate arrangements.

15.7       Code Consultancy Services Ltd reserves the right to exercise discretion with respect to any returns under these Terms and Conditions.  Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

15.7.1   Any use or enjoyment that you may have already had out of the Goods;

15.7.2   Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;

15.7.3   The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;

15.7.4   Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.

Such discretion to be exercised only within the confines of the law.

16.         Privacy

Use of the Web Site is also governed by our privacy policy which is incorporated into these terms and conditions by this reference.  To view the Privacy Policy, please click on the link above or search on the website.

17.         Disclaimers

17.1       Code Consultancy Services Ltd makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

17.2       No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

17.3       No part of this Web Site is intended to constitute a contractual offer capable of acceptance.

18.         Changes to the Service and these Terms and Conditions

Code Consultancy Services Ltd reserves the right to change the Web Site, its Content or these Terms and Conditions at any time.  Users and Purchasers will be bound by any changes to the Terms and Conditions from the first time the Web Site is used by them following the changes.  If Code Consultancy Services Ltd is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by Purchasers in the future.

19.         Availability of the Web Site

The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

Code Consultancy Services Ltd accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

20.         Limitation of Liability

20.1       To the maximum extent permitted by law, Code Consultancy Services Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

20.2       Nothing in these Terms and Conditions excludes or restricts Code Consultancy Services Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of Code Consultancy Services Ltd.

20.3       Nothing in these Terms and Conditions  excludes or restricts Code Consultancy Services Ltd’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.

20.4       Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

21.         No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

22.         Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

23.         Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to services@codeconsultancy.co.uk.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

24.         Law and Jurisdiction

These terms and conditions and the relationship between you and Code Consultancy Services Ltd shall be governed by and construed in accordance with the Law of England and Wales and Code Consultancy Services Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

5. Standard terms and conditions for goods and services purchased online by a consumer

BACKGROUND:

This agreement applies as between you, the User of this Web Site and Code Consultancy Services Ltd, the owner(s) of this Web Site.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

No part of this Web Site is intended to constitute a contractual offer capable of acceptance.  Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

1.            Definitions and Interpretation

In this Agreement the following terms shall have the following meanings: 

2.            Age Restrictions

Persons under the age of 18 should use this Web Site only with the supervision of an Adult.  Payment Information must be provided by or with the permission of an Adult.

3.            Business Customers

These Terms and Conditions do not apply to customers buying Goods in the course of business. IF YOU ARE A BUSINESS CUSTOMER PLEASE CONSULT OUR BUSINESS TERMS AND CONDITIONS.

4.            International Customers

If Goods are being ordered from outside Code Consultancy Services Ltd’s country of residence, import duties and taxes may be incurred once your Goods reach their destination.  Code Consultancy Services Ltd is not responsible for these charges and we undertake to make no calculations or estimates in this regard.  If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures.  As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported.  Please be aware that Goods may be inspected on arrival at port for customs purposes and Code Consultancy Services Ltd cannot guarantee that the packaging of your Goods will be free of signs of tampering.

5.            Intellectual Property

5.1          Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Code Consultancy Services Ltd, our affiliates or other relevant third parties.  By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

5.2          Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Code Consultancy Services Ltd.

6.            Third Party Intellectual Property

6.1          Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

6.2          Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.

7.            Fair Use of Intellectual Property

Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

8.            Links to Other Web Sites

This Web Site may contain links to other sites.  Unless expressly stated, these sites are not under the control of Code Consultancy Services Ltd or that of our affiliates.  We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

9.            Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.codeconsultancy.co.uk without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of Code Consultancy Services Ltd.  To find out more please contact us by email at services@CodeConsultancy.co.uk.

10.         Use of Communications Facilities

10.1       When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:

10.1.1   You must not use obscene or vulgar language;

10.1.2   You must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

10.1.3   You must not submit Content that is intended to promote or incite violence;

10.1.4   It is advised that submissions are made using the english language(s) as we may be unable to respond to enquiries submitted in any other languages;

10.1.5   The means by which you identify yourself must not violate these terms of use or any applicable laws;

10.1.6   You must not impersonate other people, particularly employees and representatives of Code Consultancy Services Ltd or our affiliates; and

10.1.7   You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

10.2       You acknowledge that Code Consultancy Services Ltd reserves the right to monitor any and all communications made to us or using our System.

11.         Accounts

11.1       In order to purchase Goods on this Web Site and to use the forums chat or similar facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase.  By continuing to use this Web Site you represent and warrant that:

11.1.1   all information you submit is accurate and truthful;

11.1.2   you have permission to submit Payment Information where permission may be required; and

11.1.3   you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

11.2       It is recommended that you do not share your Account details, particularly your username and password.  Code Consultancy Services Ltd accepts no liability for any losses or damages incurred as a result of your Account details being shared by you.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

11.3       If you have reason to believe that your Account details have been obtained by another without consent, you should contact Code Consultancy Services Ltd immediately to suspend your Account and cancel any unauthorised purchases that may be pending.  Please be aware that purchases can only be cancelled until they are dispatched.  In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Code Consultancy Services Ltd accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.

11.4       When choosing your username you are required to adhere to the terms set out above in Clause 10.  Any failure to do so could result in the suspension and/or deletion of your Account.

12.         Termination and Cancellation

12.1       Either Code Consultancy Services Ltd or you may terminate your Account.  If Code Consultancy Services Ltd terminates your Account, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

12.2       If Code Consultancy Services Ltd terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.

12.3       Code Consultancy Services Ltd reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.

12.4       If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.

12.5       If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.

13.         Goods, Pricing and Availability

13.1       Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Code Consultancy Services Ltd correspond to the actual Goods, Code Consultancy Services Ltd is not responsible for any variations from these descriptions.  This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether.  Please refer to Clause 15.1 for incorrect Goods.

13.2       Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.

13.3       Code Consultancy Services Ltd does not represent or warrant that such Goods will be available.  Stock indications may be provided on the Web Site however these may not take into account sales which have taken place during your visit to the website.

13.4       All pricing information on the Web Site is correct at the time of going online.  Code Consultancy Services Ltd reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated periodically.

13.5       In the event that prices are changed during the period between an order being placed for Goods and Code Consultancy Services Ltd processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;

13.6       All prices on the Web Site do not include VAT.  Code Consultancy Services Ltd’s VAT number is (not currently registered).

14.         Delivery

14.1       Code Consultancy Services Ltd will notify you by way of email when your goods are to be dispatched to you.  The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.

14.2       If Code Consultancy Services Ltd receives no communication from you, within 14 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.

15.         Returns Policy

Code Consultancy Services Ltd aims to always provide high quality Goods that are fault free and undamaged.  On occasion however, goods may need to be returned.  Returns are governed by these Terms and Conditions.

15.1       If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 10 days to arrange collection and return.  Code Consultancy Services Ltd is responsible for paying shipment costs.  You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods.  Refunds and replacements will be issued upon our receipt of the returned Goods.

15.2       If any Goods you have purchased have faults when they are delivered to you, you should contact Code Consultancy Services Ltd within 28 days to arrange collection and return.  Code Consultancy Services Ltd is responsible for paying shipment costs.  Goods must be returned in their original condition with all packaging and documentation.  Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.

15.3       If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty.

15.4       If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged.  In any event, you should report such damage to Code Consultancy Services Ltd within 10 days and arrange collection and return.  Code Consultancy Services Ltd is not responsible for paying shipment costs.  Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.

15.5       You have a statutory right to a “cooling off” period.  This period begins once your order is complete and ends 7 days after the Goods have been delivered.  If you change your mind about the goods within this period, please return them to Code Consultancy Services Ltd within 7 days of receipt.  Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of Code Consultancy Services Ltd.  You are responsible for paying shipment costs if Goods are returned for this reason.

15.6       If you wish to return Goods to Code Consultancy Services Ltd for any of the above reasons, please contact us using the details on contact us page of the website, to make the appropriate arrangements.

15.7       Code Consultancy Services Ltd reserves the right to exercise discretion with respect to any returns under these Terms and Conditions.  Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

15.7.1   Any use or enjoyment that you may have already had out of the Goods;

15.7.2   Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;

15.7.3   The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;

15.7.4   Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.

Such discretion to be exercised only within the confines of the law.

16.         Privacy

Use of the Web Site is also governed by our privacy policy which is incorporated into these terms and conditions by this reference.  To view the Privacy Policy, please click on the link above or search on the website.

17.         Disclaimers

17.1       Code Consultancy Services Ltd makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

17.2       No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

17.3       No part of this Web Site is intended to constitute a contractual offer capable of acceptance.

18.         Changes to the Service and these Terms and Conditions

Code Consultancy Services Ltd reserves the right to change the Web Site, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes.  If Code Consultancy Services Ltd is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

19.         Availability of the Web Site

The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

Code Consultancy Services Ltd accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

20.         Limitation of Liability

20.1       To the maximum extent permitted by law, Code Consultancy Services Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

20.2       Nothing in these Terms and Conditions excludes or restricts Code Consultancy Services Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of Code Consultancy Services Ltd.

20.3       Nothing in these Terms and Conditions  excludes or restricts Code Consultancy Services Ltd’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.

20.4       Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

21.         No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

22.         Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

23.         Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to services@codeconsultancy.co.uk.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

24.         Law and Jurisdiction

These terms and conditions and the relationship between you and Code Consultancy Services Ltd shall be governed by and construed in accordance with the Law of England and Wales and Code Consultancy Services Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.