Terms of Use of Site

TERMS AND CONDITIONS OF USE OF OUR SITE

Definitions

1. In these terms and conditions:

a. ‘our site’ means our presence on the Internet including any downloadable documents provided by us on our site ;

b. ‘our’, ‘we’ and ‘us’ means Holden Smith Consultancy Ltd and, where applicable, its officers, employees and authorised agents; and

c. ‘you’ and ‘your’ includes you and any business with which you are associated and on behalf of which you use our site (‘your business’).

d. ‘site member’ means you have signed up as a member of our site using the sign up form and completed all necessary steps including your agreement to receive our newsletter and your agreement to these terms, and you must have completed the process by verifying your email address when prompted to do so.

2. By using our site, or downloading documents or information from our site, you enter into a binding contract with us on the following terms and conditions.

A UK based service only

3. Our site is directed exclusively at commercial enterprises and consumers in the United Kingdom.

Our promises

4. We will permit you to access, use and interact with our site, and use our services subject to these terms and conditions.

5. We will:

a. exercise reasonable care in compiling our site;

b. use reasonable efforts to make our site available to you at all times; and

c. take the steps set out in our privacy policy to endeavour to secure any personal data and credit card information you give us.

Retention Recovery Service

6. If we carry out the Retention Recovery Service on a no win no fee basis which means we are not obligated to you in any way and you are not obligated to us in any way, save to the extent as set out expressly under these terms.

7. If you require us to recover retention payments for you the following process will apply:

a. You shall request we recover retention payments for you.

b. We may request information from you relating to the retention payments.

c. On review of the information provided we shall advise if we are able to attempt recovery on the no win no fee basis and seek an instruction from you which may be in any form.

d. On receipt of any part of your retention payment, a payment will immediately become due from you to us in the agreed amount.

7.1 Our Retention Recovery Services exclude any works carried out by us, or costs incurred by you, in connection with defects, litigation, Adjudication, or any other alternative dispute resolution processes. If services are required in connection with such matters then a quotation will be provided in addition to the retention recovery fee.

Exclusions and limitations

8. We do not represent or warrant that access to our site, or any part of it, will be uninterrupted, reliable or fault-free.

9. We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable.

10. To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:

a. any technical, factual, legal, textual or typographical inaccuracies, errors or omissions on or relating to our site or any information on or downloaded from our site;

b. the unavailability of our site (or any part of it), goods or services;

c. any delay in providing, or failure to provide or make available, services;

d. any misrepresentation on / or relating to our site, the services (other than a fraudulent misrepresentation made by us or on our behalf).

11. You agree that we shall have no liability for indirect or consequential losses, loss of data, income or profits or damages for loss of or damage to property.

12. You agree that each of these limitations is reasonable having regard to the nature of our site.

13. Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.

Links to other sites

14. Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.

No commercial use

15. You agree that you will use our site only for your personal or internal business purposes and that you shall not exploit our site or any of its contents for any commercial purpose.

General

16. Third party rights

a. Where in these terms representations and warranties are made to us and to suppliers of goods and services through our site, you acknowledge and agree that such representations and warranties are intended to grant rights to, and operate for the benefit of, all such suppliers and that each such supplier may rely upon and enforce such representations and warranties against you by virtue of the Contracts (Rights of Third Parties) Act 1999.

Variations

17. We reserve the right at any time without notice to revise the content of our site (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use.

The use of your information

18. You agree that we may collect, store, and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our privacy policy.

19. All rights in the design, text, graphics and other material on our site and the selection or arrangement thereof are the copyright of us or other third parties. Permission is granted to electronically copy and print in hard copy portions of our site solely in connection with the acquisition of services through our site. Any other use of materials on our site (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without our prior written permission is strictly prohibited. You hereby grant to us a perpetual, royalty-free, irrevocable licence to copy, issue copies, communicate to the public, make publicly available and include in a cable programme service (either in whole or in part or in a modified or edited form) any material you upload or post to our site (whether to a chat room, bulletin board or otherwise). You acknowledge and agree that such material is not uploaded or posted subject to any obligation of confidence.

Trade marks

20. All trade marks, product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder’s rights.

Access

21. We reserve the right in our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide the service to any user that is in breach of these terms and conditions of use.

Events beyond our control

22. We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.

Applicable law and jurisdiction

23. These terms and conditions (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to them or their formation) shall be governed by and interpreted in accordance with English law and, for these purposes, the parties irrevocably submit to the exclusive jurisdiction of the English courts.

Unenforceability

The enforceability or otherwise of any provisions of these terms and conditions shall not affect the enforceability of the rest of these terms and conditions.