STANDARD TERMS AND CONDITIONS
1. GENERAL
1.1 These terms and conditions apply to the provision of a service ("the Service") by WTS Developments Limited trading as UKFreeholdland, registered in England (number) and having its registered office at Unit 4. Milestone Court, Leeds, West Yorkshire LS28 6HE ("UKFreeholdland") to you ("the Customer") in accordance with the Customer's requirements and order (the "Order") (the "Contract").
1.2 The Contract shall be made by means of an offer by the Customer submitted to UKFreeholdland through the UKFreeholdland website by completing the registration process set out therein through submission of forms on the UKFreeholdland website, which Order will be confirmed to the Customer in writing or by electronic mail by UKFreeholdland (the "Order Confirmation").
1.3 The Customer acknowledges that the website text or other content on the UKFreeholdland website constitute an invitation to treat and may not be construed by the Customer as any offer by or binding obligation upon UKFreeholdland to provide any service to the Customer.
1.4 All quotations and offers made by UKFreeholdland are given or made subject to the availability of goods, materials and any other items required to give effect to UKFreeholdland's obligations under the Contract.
2. SERVICE
2.1 The Service shall be provided within the United Kingdom only, in accordance with the Order and the Order Confirmation subject to these terms and conditions.
2.2 The Order shall not be deemed to be accepted by UKFreeholdland unless and until the Order Confirmation has been issued to the Customer.
2.3 UKFreeholdland may at any time without prior notification make any changes to the Service which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Service.
2.4 UKFreeholdland may at any time correct any typographical or other errors or omissions in any website text, brochure, promotional literature, quotation or other document relating to the provision of the Services without any liability to the Customer.
2.5 Any dates quoted for providing the Services are approximate only and not guaranteed and UKFreeholdland shall not be liable for any delay in providing the Services howsoever caused.
3. TERMS OF PAYMENT
3.1 The price of the Services shall be listed on the UKFreeholdland website. Pricing is subject to change and any new pricing will super cede previously listed pricing.
3.2 All prices are, unless otherwise stated, exclusive of any applicable value added tax.
3.3 Unless otherwise agreed in writing, payment of the price for the Services, and any VAT is due within 14 days of invoice.
3.4 Time of payment is of the essence of the Contract between UKFreeholdland and the Customer. If the Customer fails to make payment by any relevant due date, UKFreeholdland shall be entitled to suspend or cancel the Service. The Customer shall not be entitled to withhold or set off payments for any reason whatsoever.
4. WARRANTIES AND LIABILITY
4.1 Subject to the conditions set out below, UKFreeholdland warrants to the Customer that the Service will be provided using reasonable care and skill and, so far as reasonably possible, in accordance with the Order and the Order Confirmation and at the intervals and within the times specified by UKFreeholdland.
4.2 UKFreeholdland shall be under no liability in respect of any defect in the Service arising from any information supplied by the Customer which is incorrect, arising as a result of any fault or default of the Customer, or arising in connection with any materials or other services which are supplied by any third party.
4.3 Where any valid claim is made in accordance with the provisions hereof in respect of the Service, UKFreeholdland shall be entitled to re-execute the Service (or such part of the Service in question) or, at UKFreeholdland's sole discretion, refund to the Customer the price of the Service (or the appropriate proportion thereof), but, unless otherwise provided by law, UKFreeholdland shall have no further liability to the Customer.
4.4 Except in respect of death or personal injury caused by UKFreeholdland's negligence and except as otherwise specifically provided by law, the entire liability of UKFreeholdland under or in connection with the Contract shall not exceed UKFreeholdland's price for the Services.
4.5 Except as expressly provided for in these terms and conditions, all warranties, conditions or other implied terms are excluded to the fullest extent permitted by law, and UKFreeholdland hereby excludes any liability for any indirect, special or consequential loss.
4.6 The Customer warrants that any and all material provided by it, and its use by UKFreeholdland for the purpose of providing the Services, will not infringe the copyright or other rights of any third party, and the Customer shall indemnify UKFreeholdland against any loss, damages, costs, expenses or other claims arising from any such infringement.
5. PROPERTY RIGHTS
5.1 All intellectual property rights in any material provided to UKFreeholdland by the Customer shall belong to the Customer (or any other third-party where relevant).
5.2 All intellectual property rights in any material provided by UKFreeholdland to the Customer shall, unless otherwise agreed in writing, belong to UKFreeholdland (or any other third-party where relevant), subject only to the right of the Customer to use such material in connection with the Services.
6. CANCELLATION
6.1 The Customer agrees to the Services commencing immediately upon issue of an Order Confirmation, prior to the end of any statutory cancellation period, and the customer acknowledges and agrees that thereafter the customer will not have the right to cancel any Services under the Consumer Protection (Distance Selling) Regulations 2000 or otherwise.
7. TERMINATION
7.1 UKfreeholdland shall be entitled to terminate this agreement immediately on notice if at any time the Customer:
7.2 defaults in or commits any breach of the obligations under these Terms and Conditions; or
7.3 commit an act of bankruptcy, becomes apparently insolvent, make an arrangement or composition with creditors or (being a company) has a receiver, administrator or liquidator appointed or any proceedings have commenced relating to the insolvency or possible insolvency of the Customer; or
7.4 causes or threatens to cease to trade or if serious doubt arises as to the Customer's solvency.
7.5 UKFreeholdland shall not be deemed to have breached these Terms and Conditions or otherwise to be liable to the customer for any refund or otherwise for any delay in performance or non-performance of any obligations to the extent that such delay or non-performance is due to any circumstances beyond UKFreeholdland reasonable control.
8. MISCELLANEOUS
8.1 These Terms and Conditions set out the entire agreement between the Customer and UKFreeholdland, they supersede any previous agreement or understanding and may not be varied except in writing and agreed by UKFreholdland.
8.2. Any notice required or permitted to be given by the Customer or UKFreeholdland shall be in writing and addressed to the other party at its registered office or principal place of business.
8.3 No waiver by UKFreeholdland of any breach of these Terms and Conditions shall be considered as a waiver of any subsequent breach of the same or any other provision.
8.4 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions (and the remainder of the provision in question) shall be unaffected.
8.5 UKFreeholdland may assign the contract under these Terms and Conditions, including the provision of Services, or may sub-contract the whole, or any part thereof, to any other person, firm or company. Unless otherwise agreed in writing by UKFreeholdland, the Customer may not assign either the benefit or the burden of the Contract.
8.6 Where the place of performance of the Service is in England or Wales, then these Terms and Conditions shall be governed by the law of England and the Customer agrees to submit to the non-exclusive jurisdiction of the English courts.
8.7 Where the place of performance of the Service is in Scotland, then these Terms and Conditions shall be governed by the law of Scotland and the Customer agrees to submit to the non-exclusive jurisdiction of the Scottish courts.
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