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Terms and Conditions of Supply



Important Notice

PDC Business Services Limited products and services are intended for UK business use only, and not for consumers, or individuals under 18 years of age.

 

Your use of our shopping channel to buy product licences and services from us is governed by these Conditions, our Privacy Statement and our website's Legal Disclaimer. Please read these carefully before shopping.

 

Your use of any software will also be governed by the terms of a software licence, and our other products and services may also be governed by additional terms.

 

Any other third party products or services described on our site are supplied by the relevant third party and subject to that third party's terms and conditions. Even where third party products or services are co-branded by us, we do not endorse them, warrant the accuracy of third party information about those products or services, or warrant the quality or suitability of those products or services for your use.

 

General Contact Information about us

 

PDC Business Services Limited

 

 

7th Floor Silkhouse Court

Tithebarn Street

Liverpool

L2 2LZ

0151 281 6162

info@pdcbs.net

 

We are a limited company registered in England and Wales under company registration number 4671487. The Companies House register can be found at http://www.companieshouse.gov.uk Registers:

 

Our VAT no. 811651750

 

 

 

  1. Definitions

    Acceptance means an Electronic Communication from us accepting your Order

    Conditions means these standard terms and conditions for our supply of Products and/or Services

    Consumer means a person acting for purposes which are outside his or her business

    Contract means the contract between us for the licensing of Software and/or the sale of other Products and/or the supply of any Services (collectively, the "supply"), as set out in Condition 3.1

    Electronic Communication means an electronic communication between us by fax or e-mail

    Order means your contractual offer to buy Products or Services from us by placing an order through our Website

    Products means our Software and other products as set out in the Shopping Channel from time to time

    Services means the services as set out in the Shopping Channel from time to time Shopping Channel means the shop on our Website, which is currently found under "Products and Services"

    Software means our licensed software products as set out as set out in the Shopping Channel from time to time

    Specific Terms means terms which apply specifically to the Products (such as those in a software licence) or Services, and which are separate from these Conditions

    Website means PDC Business Services Limited's website currently at http://www.pdcbs.net


  2. How to conclude a Contract with us

    2.1. These are the steps you need to take to conclude a Contract with us.

    (A) Check variable information such as prices

    2.2. We will display on our Website certain variable information which you will need to know before you place your Order, such as the range and descriptions of Products and Services and their current prices (exclusive of VAT). This information may also be available outside the Website, for example in printed documentation or supplied over the telephone by our sales staff.

    2.3. Note that this variable information is known as an "invitation to treat" and not a contractual offer from us which you may accept. This means we reserve the right to correct any errors in that information without any liability to you. It also means that in no circumstances will we be contractually bound to supply you with Products or Services on the basis of any incorrect information, even if that information is repeated in your Order.

    (B) Make sure you read and understand our terms

    2.4. It is your responsibility to read the legal terms on our Website carefully and to raise any problems with us before you place your Order. That includes these Conditions, our Legal Disclaimer and Privacy statement and any Specific Terms that are available on our Website.

    2.5. Please note that our Shopping Channel is intended for businesses and not Consumers and that you may not use our Shopping Channel if you are under 18 years of age or if you are from outside the UK. If you accept the legal terms referred to in Condition 2.4 on behalf of a corporate buyer, you represent that you are authorised to do so. If you are not so authorised, nor deemed in law to have such authority, you assume sole personal liability for the obligations set out in those legal terms.

    (C) Complete your Order

    2.6. You will be responsible for selecting the Products and/or Services you wish to buy, for supplying your delivery address, for telling us how you wish to pay and for giving us any other information we request to enable us to fulfil your Order and comply with the Contract. All information you submit to us must be adequate, relevant, accurate and up to date.

    2.7. You may pay online by credit or debit card or ask us to send you an invoice. If you choose to pay by credit or debit card, we will check to see whether the transaction is authorised. If you ask to pay by invoice, we will post you a paper invoice, which you must pay within 30 days of the date of the invoice.

    2.8. When you have completed your Order, you will be shown a copy on screen. It is your responsibility to check your Order carefully to identify any errors and to correct them prior to placing your Order. The Website allows you to cancel your draft Order, and to edit any details and once you have finished checking and correcting your Order, please print out a copy before placing it.

    (D) Place your Order

    2.9. You may place your Order by clicking on the "Goto Checkout" button.

    2.10. We will acknowledge receipt of your Order on the Website and, if you request it, by e-mail, in each case without undue delay. This is not our Acceptance of your Order, but a confirmation of its receipt.

    (E) Wait for our Acceptance of your Order

    2.11. You may not assume we have accepted your Order until we send you an Acceptance. Only if and when you receive our Acceptance will we have made a binding legal Contract with you.

    2.12. You may receive an acknowledgement from our payment processor, advising you whether or not your credit or debit card payment has been authorised. This acknowledgment relates to your payment only and is not our Acceptance of your Order.

    2.13. We will be entitled to refuse to accept your Order if in our sole discretion we consider it necessary. If that happens we will let you know as soon as we can. If we accept your Order, we will send you an Acceptance without undue delay.

    2.14. Once we have entered into a Contract with you in accordance with this Condition 2, we shall supply you with the Products and Services that you specified in your Order in accordance with the terms of the Contract.


  3. Other information about the Contract

    3.1. We can only conclude the Contract with you in English, and not in any other language.

    3.2. The Contract between us will consist of (1) these Conditions (including our Privacy Statement), (2) your Order and (3) our Acceptance (the consideration for which shall be payment of the price in accordance with Condition 4). There can only be a Contract between us if all these elements are present. If there are applicable Specific Terms, these will also be included in the Contract.

    3.3. The Products and/or Services we supply to you shall be subject to any restrictions set out on our Website or in the Contract. If we provide you with a Service via our Website, you must abide by our Legal Disclaimer and any acceptable use policy or other applicable terms on the Website. For other Services, you must comply with any terms we notify to you, e.g. health and safety regulations for a Service provided to you face-to-face such as a workshop.

    3.4. We will not file the concluded Contract between us on line and you should therefore print out and retain copies of each element of the Contract. You will receive a copy of any Special Terms with the Product or service. The current version of these Conditions, and our Privacy Statement are available on our Website.

    3.5. You may only cancel an Order that we have accepted or cancel the Contract in the circumstances set out in Condition 6 below.

    3.6. These Conditions shall take precedence over and exclude any other terms and conditions you seek to impose. If there is a conflict between the Specific Terms and these Conditions, the Specific Terms shall take precedence.

    3.7. You may not vary these Conditions unless an authorised representative of ours agrees in writing.

    3.8. We may update or change these Conditions from time to time without notice and the date of the most current version is that set out at the top of these Conditions. You must read them each time you place an Order with us through our Website.

    3.9. We also reserve the right to make any changes without notice to our Privacy Statement, Legal Disclaimer, other information on our Website and the specification of the Website in order to comply with any applicable legal or regulatory requirements, in the interests of good business practice, or to improve the design or functionality.

    3.10. If you are a Consumer then your legal rights are not affected by these Conditions or the Contract.


  4. Price of the Products and Services and Payment

    4.1. The price of the Products and Services will be calculated in pounds sterling (or such other currency as we may accept in our absolute discretion) and will be shown to you on our Website at the bottom of your accepted Order.

    4.2. The prices on our Website are exclusive of Value Added Tax ("VAT"). Your Order will show VAT both as a separate item and as included in the total price.

    4.3. Subject to our obligation to supply the Products and Services at the price stated in a Contract we reserve the right at any time to increase the list prices of the Products and Services and to change the range of Products and Services available. We will endeavour to give you as much notice as we can of changes to the range and any increase in prices.

    4.4. If you fail to make any payment on the due date then, in addition to any other right or remedy available to us, we shall be entitled to:

4.4.1. cancel the Contract or suspend the performance of any Services; and

4.4.2. take any payment made by you against such of the Products and Services as we may think fit; and

4.4.3. exercise our legal right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 and subsidiary legislation as amended from time to time together with compensation for debt recovery costs.

 

  1. Intellectual property rights in the Products and Services

    5.1. You acknowledge that the copyright and any other intellectual property rights in the Products and/or Services remain with us or our licensors, and may not be used by you for any purpose other than your lawful use and in accordance with the Contract.

    5.2. If a third party successfully claims that that our Products or our Services infringe that third party's intellectual property rights we shall be entitled to replace the Products (or the part in question),re-supply the Services free of charge or, at our discretion, refund to you the price of the Products (or a proportionate part of the price) or the Services, but we are not accountable to you in any other way. In particular, we shall not be responsible for any defects or intellectual property rights claims arising from your customisation of the Products or Services or your other instructions.


  2. Cancellation and returns

    6.1. We want you to be completely satisfied with the Products or Services you buy from our Shopping Channel. If you are unhappy or wish to complain, then please call customer care on 0151 281 6162, or write to us at the address above. However there are circumstances in which you or we may need to cancel the Contract.

    6.2. In the event that the returns policy below differs from that in the Specific Terms accompanying the Product (such as the software licence), the returns policy in the Specific Terms shall apply in place of this policy.

    Our rights to cancel

    6.3. We shall be entitled to cancel your Order and any Contract if:

6.3.1. you order Products or Services that become unavailable, in which case we are not obliged to provide substitute software or substitute services but shall inform you of the unavailability, or

6.3.2. you do not pay us the price due for the Products and/or Services by the due date, or

6.3.3. you are from outside the UK, or

6.3.4. you are either not able or not authorised to enter into the Contract with us. Your rights to cancel and the returns policy for Products

6.4. Unless we agree otherwise, you will not be able to cancel a Contract for Services once performance of those Services has begun.

6.5. If we cancel your Order and any Contract for a Product or if for any reason you wish to return the Product to us for a refund, please ring us on 0151 281 6162 within 30 days of your receipt of the Products (which shall be deemed to be 2 working days after posting by us) to arrange the return. You will be given the following information:

         Account Number

         Returns Number

         Collection Date



6.6. Your return package must:

         include the Returns Number (so that the return can be identified)

         include the Product's CD with all packaging and associated documentation unused and in good condition, and

         be clearly marked with PDC Business Services Limited's address at the above address.



6.7. We will either arrange for the Product to be collected by courier on the Collection Date you are given or ask you to return the Products to us. You will be issued with a collection form which you should keep for your records as confirmation of the return. Risk of damage to or loss of the Products will remain with you until received by us at the above address.

Refunds

6.8. Whether it is you or we who have cancelled, and provided you have returned any Products to us as set out above, we shall refund any payment you have made to us within 30 days of cancellation, excluding (in the case of Products) any carriage costs and (in the case of Services) a pro-rata charge for any Services already provided.


  1. Exclusions and Limitations

    7.1. We shall accept the following liability:

7.1.1. for death or personal injury, resulting from our negligent act or omission, breach or default, or for our breach of any obligations implied by law which cannot be excluded; and

7.1.2. for direct physical loss or damage to your tangible property up to an amount in aggregate of one hundred and fifty percent (150%) of the total price paid for the Products and/or Services which directly caused that damage to property as set out on your accepted Order (the "Price") or five hundred pounds sterling (500), whichever is the greater, where, and to the extent that, such loss or damage is caused by our negligent act or omission, breach or default; and

7.1.3. for direct loss or damage, other than governed by Conditions 7.1.1 or 7.1.2 above or Condition 7.2 below, up to an amount in aggregate of one hundred and fifty percent (150%) of the Price paid where, and to the extent that, such loss or damage is caused by our negligent act or omission, breach or default.

7.2. Subject to Condition 7.1, we shall not be liable under or in relation to this Contract or its subject matter (whether such liability arises due to negligence, breach of contract, misrepresentation, or for any other reason excluding fraudulent misrepresentation) for any technical, factual, textual or other typographical inaccuracies, errors or omissions in information on the Website, for any loss or damage arising from the use of your credit or debit card on the Website, for the unavailability of the Website (or any part of it), for any delay in providing or failing to supply the Products or Services, for loss or damage to the Products which occurs during transit (as risk in the Products passes from us to you on despatch) or for any loss of profits, loss of business, loss of anticipated savings, loss of sales or turnover, loss of, or damage to reputation, loss of contract, loss of customers, loss of, or loss of use of any software or data, loss of use of any computer or other equipment or plant, wasted management or other staff time, losses or liabilities under or in relation to any other contract or any indirect, consequential loss or damage (including loss or damage suffered by you as a result of an action brought by a third party) whether that loss:

7.2.1. arises naturally from any breach of the Contract by us; or

7.2.2. was reasonably anticipated or contemplated by both of us when we entered into this Contract; or

7.2.3. is one which you specifically informed us was a likely consequence of a breach by us prior to that breach, and any implied warranties are excluded to the maximum extent permitted by law. For the purpose of this Condition, the term "loss" includes a partial loss or reduction in value as well as a complete or total loss.

7.3. We expressly agree that should any limitation of liability Condition or provision contained in the Contract be held to be invalid under any applicable legislation (primary or otherwise) or rule of law by reason of some part of that Condition or provision it shall, to that extent, be deemed omitted, but if we thereby become liable for loss or damage which would otherwise have been excluded or limited, as the case may be, such liability should be subject to the other applicable limitations and provisions set out in these Conditions.


  1. Confidential information

    You should be aware that with the exception of credit card numbers and the information we specifically request of you to enable us to enter into a contract with you, we do not wish to receive any information of a confidential or proprietary nature from you through this Website. Any such information you send to us will be deemed by us not to be confidential in nature and you will have granted us an irrevocable licence to use, display, modify, transmit or distribute such information in any manner we shall reasonably decide. To learn more about how we deal with personal information, such as names and addresses, see our Privacy Statement.


  2. Indemnity

    You agree to indemnify us and hold us, our employees, affiliates, agents, business partners and employees harmless from any claim or demand, including reasonable legal fees, made by a third party arising out of content you submit or transmit to this Website, your use of the Website or your breach of these terms and conditions.


  3. General

    10.1. We may perform any of our obligations or exercise any of our rights ourselves or through any third party provider.

    10.2. Any notice which is given under these Conditions shall be either by Electronic Communication or if by you, by pre-paid recorded delivery, addressed to us at the address in these Conditions and if by us by first class post addressed to you at the delivery address on your Order. Legal proceedings must be served by first class post or pre-paid recorded delivery only.

    10.3. Any Electronic Communication, including your Order, our acknowledgment of receipt of your Order and our Acceptance shall be deemed to be received when the party to whom the Electronic Communication is addressed is able to access it.

    10.4. If we choose to ignore a breach by you of these Conditions on one occasion, we may still take issue with you if you breach of the same or any other Condition after that.

    10.5. If a court decides that any of these Conditions is legally unacceptable or ineffective in whole or in part, that shall not affect the other Conditions or part Conditions.

    10.6. A person who is not a party to the Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to the benefit of any of these Conditions, unless we agree otherwise in writing.

    10.7. The laws of England shall govern the Contract, and you agree to submit to the non-exclusive jurisdiction of the English courts.

 

 

 


For further information call 0151 281 6162 or email info@pdcbs.net or click here to complete the online contact form.


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