Terms & Conditions

BACKGROUND:

These Terms and Conditions are the standard terms for the provision of services by Beauvy Ltd, a limited company, registered in England under number 14890240, whose registered (and trading) address is Finchale House, Belmont, Durham DH1 1TW, trading as Welby Education.

1.            Definitions and Interpretation

1.1          In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

1.2          Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means.

2.            Information About Us

2.1          Beauvy Ltd, a limited company, registered in England under number 14890240, whose registered (and trading) address is Finchale House, Belmont, Durham DH1 1TW, trading as Welby Education. Our VAT number is TBC.

3.            The Contract

3.1          These Terms and Conditions govern the sale and provision of Services by Us and will form the basis of the Contract between Us and you.  Before submitting an Order, please ensure that you have read these Terms and Conditions carefully.  If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.

3.2          Nothing provided by us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at our discretion, accept.

3.3          A legally binding contract between Us and you will be created upon our acceptance of your Order, indicated by Our Order Confirmation.  Order Confirmations will be provided in writing.

3.4          We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:

3.4.1     The main characteristics of the Services;

3.4.2     Our identity (set out above in Clause 2) and contact details (as set out below in Clause 11);

3.4.3     The total Price for the Services including taxes or, if the nature of the Services is such that the Price cannot be calculated in advance, the manner in which it will be calculated;

3.4.4     The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Services;

3.4.5     The duration of the Contract, where applicable, or if the Contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the Contract;

3.4.6     Where applicable, the functionality, including appropriate technical protection measures, of digital content;

4.            Orders

4.1          All Orders for Services made by you will be subject to these Terms and Conditions.

4.2.     We may cancel your Order at any time before We begin providing the Services due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control.  If such cancellation is necessary, We will inform you as soon as is reasonably possible.  If you have made any payments to Us under Clause 5 (including, but not limited to the Deposit), the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Us informing you of the cancellation.  Cancellations will be confirmed in writing.

4. 3     We reserve the right cancel your order at any point if we find out that you have used our resources fraudulently.  This includes purchasing a subscription at a lower band, as outlined in our payment structure.

5.            Price and Payment

5.1          The Price of the Services will be that shown in Our pricing structure at the time of your Order.  If the Price shown in your Order differs from Our current Price We will inform you upon receipt of your Order.

5.2          If We quote a Special Price which is different to the Price shown in Our current price list, the Special Price will be valid for the period stated.  Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired.

5.3          Our Prices may change at any time, but these changes will not affect Orders that We have already accepted.

5.4          We may ask for a Deposit of 20% of the total Price for the Services.  The due date for payment of your Deposit will be included in the Order Confirmation.

5.5          In certain circumstances, if your Order is cancelled, your Deposit will be refunded in full or in part.  The amount due will be calculated based upon the Price for the Services, Our price list, and the amount of work (if any) already undertaken by Us. 

5.6          The balance of the Price will be payable in advance of the Services.

5.7          We accept the following methods of payment:

5.7.1     Bank transfers

5.8          Credit and/or debit cards will be charged as soon as the services are agreed.

5.9          If you do not make payment to Us by the due date as shown ion your order confirmation, We may charge you interest on the overdue sum at the rate of 4% per annum above the base lending rate of Starling Bank.  Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment.  You must pay any interest due when paying an overdue sum.

5.10       The provisions of sub-Clause 5.10 will not apply if you have promptly contacted Us to dispute an invoice in good faith.  No interest will accrue while such a dispute is ongoing.

6.            Providing the Services

6.1          As required by law, We will provide the Services with reasonable skill and care, and in accordance with any information provided by Us about the Services and about Us.

6.2          We will begin providing the Services on the date confirmed in Our Order Confirmation.

6.3          We will continue providing the Services for one academic year (or until your subscription ceases).

6.4          We will make every reasonable effort to provide the Services on time (and in accordance with your Order).  We cannot, however, be held responsible for any delays if an event outside of Our control occurs.  Please see Clause 9 for events outside of Our control.

6.5          If We require any information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible.

6.6          If the information or action required of you under sub-Clause 6.5 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result.  If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on your part, We may charge you a reasonable additional sum for that work.

6.7          In certain circumstances, for example where there is a delay in you sending Us information or taking action required under sub-Clause 6.5, We may suspend the Services (and will inform you of that suspension in writing).

6.8          In certain circumstances, for example where We encounter a technical problem, We may need to suspend the Services in order to resolve the issue.  Unless the issue is an emergency and requires immediate attention We will inform you in advance in writing before suspending the Services.

6.9          If you do not pay Us for the Services as required by Clause 5, We may suspend the Services until you have paid all outstanding sums due.  If this happens, We will inform you in writing.  This does not affect Our right to charge you interest under sub-Clause 5.10.

7.            Problems with the Services and Your Legal Rights

7.1          We always use reasonable efforts to ensure that Our provision of the Services is trouble-free.  If, however, there is a problem with the Services We request that you inform Us as soon as is reasonably possible.

7.2          We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical. 

7.3          We will not charge you for remedying problems under this Clause 7 where the problems have been caused by Us, any of our agents or employees or sub-contractors or where nobody is at fault.  If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by you, We may charge you for remedial work.

As a consumer, you have certain legal rights with respect to the purchase of services.  For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. 

8.            Our Liability

8.1          We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors).  Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.

8.2          Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.

8.3          Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer.  For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

9.            Events Outside of Our Control (Force Majeure)

9.1          To the maximum extent permitted by law, We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

10.         Cancellation

10.1       If any of the following occur, you may cancel the Services and the Contract immediately by giving Us written notice.  If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5. 

10.1.1  We have breached the Contract in any material way and have failed to remedy that breach within 4 weeks of you asking Us to do so in writing; or

10.1.2  We enter into liquidation or have an administrator or receiver appointed over Our assets; or

10.1.3  We are unable to provide the Services due to an event outside of Our control (as under sub-Clause 9.2.4); or

10.1.4  We change these Terms and Conditions to your material disadvantage.

10.2       We may cancel your Order for the Services before the Services begin under sub-Clause 4.3.

10.3       Once We have begun providing the Services, We may cancel the Services and the Contract at any time by giving you 4 weeks written notice.  If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5.

10.4       If any of the following occur, We may cancel the Services and the Contract immediately by giving you written notice.  If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.  If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5.  We will not be required to give more than 2 weeks notice in these circumstances:

10.4.1  You fail to make a payment on time as required under Clause 5 (this does not affect our right to charge interest on overdue sums under sub-Clause 5.10); or

10.4.2  You have breached the Contract in any material way and have failed to remedy that breach within 1 week of Us asking you to do so in writing; or

10.4.3  We are unable to provide the Services due to an event outside of Our control (for a period longer than that in sub-Clause 9.2.5).

11.         Communication and Contact Details

11.1       If you wish to contact Us, you may do so by email at hello@welbyeduction.co.uk.

12.         Feedback and complaints

12.1       We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

12.2       If you wish to complain about any aspect of your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Services, please contact Us in one of the following ways:

12.2.1  In writing, addressed to Directors of Beauvy Ltd, Finchale House, Belmont, Durham DH1 1TW;

12.2.2  By email, addressed to Directors of Beauvy Ltd, hello@welbyeducation.co.uk;

13.         How We Use Your Personal Information (Data Protection)

We will only use your personal information as set out in Our Privacy Notice available on our website.

14.         Other Important Terms

14.1       We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs you will be informed by Us in writing.  Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

14.2       You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.

14.3       The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

14.4       If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.

14.5       No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

15.         Governing Law and Jurisdiction

15.1       These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

15.2       As a consumer, you will benefit from any mandatory provisions of the law in your country of residence.  Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.

15.3       Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.