TERMS AND CONDITIONS FOR THE SUPPLY OF SERVICES
IF YOU USE ANY OF OUR SERVICES, YOU ARE AGREEING TO THESE TERMS AND
CONDITIONS
The Customer’s attention is particularly drawn to the provisions of clause 8.
1. INTERPRETATION
1.1 In these Conditions, the following definitions apply:-
Administration Fee: means the fee payable by the Customer to
the Supplier in the sum of Fifty Pounds (£50) plus VAT.
Booking Confirmation: means correspondence issued by the
Supplier to the Customer confirming they will provide the Services.
Business Day: means a day (other than a Saturday, Sunday or
public holiday).
Cancellation Fee: means the fee payable by the Customer to the
Supplier being 50 % of the Fee together with 100%of all Disbursements and
Expenses incurred by the Seller.
Charges: means the aggregate of the Fee, Disbursements and
Expenses payable by the Customer for the supply of the Services in accordance
with clause 5.
Commencement Date: has the meaning set out in clause 2.2.
Conditions: means these terms and conditions save that such
terms and conditions shall be read in conjunction with the Booking Confirmation
and any conditions expressly set out in the Booking Confirmation shall take
precedence over these terms and conditions.
Contract: means the contract between the Supplier and the
Customer for the supply of the Services in accordance with these Conditions.
Copyright: means the copyright of the Services and is the
property of the Supplier.
Customer: means the person or firm who purchases Services from
the Supplier.
Delivery Date: means the date specified by the Supplier when
the Services are to be delivered or provided.
Disbursements: including any costs properly incurred by the
Supplier in supplying the Services to the Customer.
Emergency Booking: means a booking on short notice giving the
Supplier 1 Business Day’s notice.
Expenses: including (but not limited to) the cost of the
Supplier, Translator, Interpreters travel (based on a per mile rate regardless
of the mode of transport), parking and any travelling time.
Fee: means the price for the Services (including travel time)
excluding Disbursements and Expenses as set out in the Booking Confirmation.
Intellectual Property Rights: means all patents, rights to
inventions, utility models, copyright and related rights, trade marks, service
marks, trade, business and domain names, rights in goodwill or to sue for
passing off, unfair competition rights, rights in design, rights in computer
software, database rights, moral rights, rights in confidential information
(including know-how and trade secrets) and any other intellectual property
rights, in each case whether registered or unregistered and including all
applications for an renewals of extensions of such rights, and all similar or
equivalent rights or forms of protection in any part of the world.
Intended Use: means for information and understanding purposes
only.
Languages: means Albanian, Amharic, Arabic, Armenian,
Belarusian, Bengali, Bulgarian, Cantonese, Catalan, Croatian, Czech, Danish,
Dutch, Estonian, Farsi, Finnish, Flemish, French, Gaelic, German, Greek,
Gujarati, Hebrew, Hindi, Hungarian, Icelandic, Indonesian, Italian, Japanese,
Korean, Laotian, Latvian, Lithuanian, Macedonian, Malay, Mandarin, Norwegian,
Polish, Portuguese, Punjabi, Romanian, Russian, Serbian, Slovak, Slovene,
Spanish, Swahili, Swedish, Tamil, Thai, Turkish, Ukrainian, Urdu, Vietnamese,
Welsh or other languages available on request but subject to availability.
Materials: means the documents, files, materials and work
provided by the Customer to the Supplier for the purposes of carrying out the
Services.
Order: means the Customer’s order for Services as set out in
the Booking Confirmation Form or the Customer’s written acceptance of the
Supplier’s quotation or set out in correspondence between the Customer and
Supplier and shall include those Emergency Bookings referred to in clause 5.1.4.
Proof-Reading Service: means an additional proof-reading
service provided by the Supplier of material supplied to the Customer by the
Supplier for an additional Fee.
Services: means the translation, interpretation, localisation,
conference liaison, editing, Proof-Reading Service, market research, conference
interpretation, telephone interpretation and desktop publishing in the Languages
and such other services to be supplied by the Supplier or a Translator or
Interpreter chosen by the Supplier using its absolute discretion.
Supplier: means Bostico International or Bostico International
Limited (Company Registration Number: 07063719) both of 1073 Christchurch Road,
Bournemouth, Dorset BH7 6BE.
Translator: means a third party who is an independent
contractor and not an employee of the Supplier who deals with the written word.
Interpreter: means a third party who is an independent
contractor and not an employee of the Supplier and who deals with the spoken
word.
Working Hours: means 09.00 to 17:30 hours during Business Days.
1.2 In these Conditions, the following shall apply:-
(a) a person includes a natural person, corporate or unincorporated body
(whether or not having separate legal personality);
(b) a reference to a party includes its personal representatives, successors or
permitted assigns,
(c) a reference to a statute or statutory provision is a reference to such
statute or statutory provision as amended or re-enacted. A reference to a
statute or statutory provision includes any subordinate legislation made under
that statute or statutory provision, as amended or re-enacted;
(d) any phrase introduced by the terms including, include in particular or any
similar expression, shall be construed as illustrative and shall not limit the
sense of the words preceding those terms; and
(e) a reference to writing or written includes faxes and e-mails.
2. BASIS OF CONTRACT
2.1 The Order constitutes an offer by the Customer to purchase Services from the
Supplier in accordance with these Conditions.
2.2 The Order shall only be deemed to be accepted when the Supplier issues a
written or email Booking Confirmation at which point and on which date the
Contract shall come into existence (‘the Commencement Date).
2.3 The Contract constitutes the entire agreement between the parties. The
Customer acknowledges that it has not relied on any statement, promise or
representation made or given by or on behalf of the Supplier which is not set
out in the Contract. Any samples, drawings, descriptive matter or advertising
issued by the Supplier, and any descriptions or illustrations contained in the
Supplier’s catalogues or brochures, are issued or published for the sole purpose
of giving an approximate idea of the Services described in them and shall not
form part of the Contract nor any other contract between the Supplier and the
Customer for the supply of the Services.
2.4 These Conditions apply to the Contract to the exclusion of any other terms
that the Customer seeks to impose or incorporate, or which are implied by trade,
custom, practice or course of dealing.
2.5 Any quotation given by the Supplier shall not constitute an offer, and is
only valid for a period of 5 Business Days from the date of its issue.
3. SUPPLY OF SERVICES
3.1 The Supplier shall supply the Services to the Customer in accordance with
the Order in all material respects.
3.2 The Supplier shall use all reasonable endeavours to meet any Delivery Date
specified in the Order, but any such dates shall be estimates only and time
shall not be of the essence for performance of the Services.
3.3 The Supplier shall use all reasonable endeavours to meet the requirements as
set out in clause 3.2 above, but the Supplier shall not be responsible for any
delays in the Delivery Date caused by events beyond the Supplier’s control.
3.4 The Supplier shall notify the Customer, within a reasonable period of time
from the Commencement Date in the event that they are unable to perform the
Services, and as soon as possible if the Order is an Emergency Booking.
3.5 The Supplier shall have the right to make any changes to the Services which
are necessary to comply with any applicable law or which do not materially
affect the nature or quality of the Services, and the Supplier shall notify the
Customer in any such event.
3.6 The Supplier warrants to the Customer that the Services will be provided
using reasonable care and skill but the Supplier offers no warranty as to the
accuracy of the Services.
3.7 The Supplier shall not be required to supply Services which involves
Material submitted by the Customer to the Supplier, which in their opinion using
their sole discretion, they consider of an obscene, blasphemous, illegal or
libellous nature.
3.8 The Supplier shall, unless otherwise stated or requested provide a
Translator or an Interpreter that is qualified and/or experienced.
3.9 The Supplier shall not provide a Court registered Translator unless
specifically requested to do so by the Customer in the Order.
4. CUSTOMER’S OBLIGATIONS
4.1 The Customer shall:-
4.1.1 ensure that the terms of the Order and any information it provides in the
Booking Confirmation and/or written correspondence are complete and accurate;
4.1.2 ensure that they clearly indicate the intended use of the Services and to
confirm for what purpose the Services are required;
4.1.3 undertake that the Material submitted by you to the Supplier shall not
contain anything of an obscene, blasphemous or libellous nature and shall not
(directly or indirectly) infringe Intellectual Property Rights of the Supplier
or any third party;
4.1.4 undertake that the Supplier receives the Material required at the earliest
opportunity to enable the Supplier to undertake the Services by the Delivery
Date;
4.1.5 undertake that the Services shall be used for the Intended Use only and
shall not be used in a public forum nor used for commercial purposes unless the
purpose has been agreed in writing by the Supplier;
4.1.6 co-operate with the Supplier in all matters relating to the Services and
shall provide further information as and when requested to do so by the
Supplier;
4.1.7 provide the Supplier, the Translator, the Interpreter, its employees,
agents, consultants and subcontractors, with access to facilities as reasonably
required by the Supplier;
4.1.8 provide the Supplier with such Material and information as the Supplier
may reasonably require in order to supply the Services, and ensure that such
information is accurate in all material respects;
4.1.9 provide the Supplier with such Material and information as the Supplier
may reasonably require subject to obtaining the owner’s consent to the release
of the Material and information;
4.1.10 undertake that any communication details shall be used solely in
connection with the Services provided and that they will not share this
information with third parties;
4.1.11 ensure that they specifically state if the Services will be required by a
Court registered interpreter. If the Customer fails to communicate this to the
Supplier at the time of booking then the Customer acknowledges that the Supplier
provides no warranty that the Services will be provided by a Court registered
interpreter; and
4.1.12 agree not to make any separate arrangements or transactions with any
Translators or Interpreters which has been provided by the Supplier for the
performance of the Order for a period of 6 months after the Commencement Date
(“the Restrictive Period”) and any such dealings by the Customer or any person
authorised by the Customer during the Restrictive Period without the written
consent of the Supplier shall trigger a penalty fee of £450 (“the Penalty Fee”)
such Penalty Fee to be payable immediately upon demand to the Supplier by the
Customer.
4.2 If the Supplier’s performance of any of its obligations under the Contract
is prevented or delayed by any act or omission by the Customer or failure by the
Customer to perform any relevant obligation (‘Customer Default’) then:-
4.2.1 the Supplier shall without limiting its other rights or remedies have the
right to suspend performance of the Services until the Customer remedies the
Customer Default, and to rely on the Customer Default to relieve it from the
performance of any of its obligations to the extent the Customer Default
prevents or delays the Supplier’s performance of any of its obligations;
4.2.2 the Supplier shall not be liable for any costs or losses sustained or
incurred by the Customer arising directly or indirectly from the Supplier’s
failure or delay to perform any of its obligations as set out in this clause
4.2; and
4.2.3 the Customer shall reimburse the Supplier on demand for any Fee payable
for any work that has been completed at such stage, costs or losses
Disbursements or Expenses sustained or incurred by the Supplier arising directly
or indirectly from the Customer Default.
5. CHARGES AND PAYMENT
5.1 The Charges for the Services shall be as follows:-
5.1.1 Based on the estimated Fees set out in the Booking Confirmation together
with all properly incurred Expenses and Disbursements. An estimate of the Fees
for providing the Services shall be set out in the Booking Confirmation but the
Customer acknowledges that a higher Fee may be charged by the Supplier and be
payable by the Customer if the matter becomes protracted or unduly complicated
due to the actions or additional requirements of the Customer.
5.1.2 The Fee charged by the Supplier to the Customer involving Services of a
translation nature shall be calculated on a price per word basis (such price per
word being set out by the Supplier in the Booking Confirmation and the Customer
acknowledges that the price per word may be different depending on the nature of
the Languages involved). Where a document to be translated is in a commonly used
computer form (such as Microsoft Word) then the Supplier shall be able to give
an approximate word count for the purposes of calculating the Fee for this
translation Services, Where the document is hand-written or in an unusual or
uncommon format (to be determined by the Supplier acting reasonably) then the
Supplier shall give an estimated word count for the purposes of calculating the
Fee which the Customer shall accept.
5.1.3 The Customer accepts that any Interpreters provided for use in Court shall
be subject to a minimum booking of at least three hours and the Fee and Charges
shall be construed accordingly.
5.1.4 The Supplier shall be entitled to charge the Customer for any expense
reasonably incurred by the Supplier, any Interpreters or Translators or other
individuals whom the Supplier engages in connection with the Services including,
but not limited to, travelling expenses, travel time, subsistence and any
associated expenses, and for the costs of services provided by third parties and
required by the Supplier for the performance of the Services, including the cost
of any materials.
5.1.3 The Supplier shall be entitled to charge an Administration Fee in the
event that the Customer requires any amendments to the Booking Form or Order or
requires any minor amendments or changes to Services already provided.
5.1.4 The Supplier shall be entitled to charge the Customer a higher fee of up
to 35% of the normal Fee for the Services (“Enhanced Fee”) for any Emergency
Bookings.
5.1.5 The Supplier shall be entitled to charge the Customer an Enhanced Fee
where Services are provided on non-Business Days and out of Working Hours.
5.1.6 The Supplier shall be entitled to charge the Customer on a ‘material
basis’ for the Proof-Reading Service which will be dependent upon the length of
text, subject matter and the output format. Medical, legal and material of a
technical nature will attract a higher rate at the Supplier’s sole discretion.
5.1.7 The Supplier shall be entitled to charge a fee of 100% of the Charges
together with any Travelling Expenses that have been incurred if a) the Order is
cancelled less than 2 Business Days before the Delivery Date, or b) if the
Supplier can demonstrate that the work has been materially completed prior to
such cancellation or c) if any Expenses or Disbursements have been incurred
prior to cancellation.
5.1.8 The Supplier shall be entitled to charge a Cancellation Fee if an Order is
cancelled giving 2 Business Days or more notice in writing.
5.19 The Supplier shall be entitled to charge an Administration Fee if an order
is amended or changed by the Customer at any stage in addition to any additional
Fees reasonably charged for additional work created by the amendments or changes
requested by the Customer.
5.2 The Supplier shall invoice the Customer on completion of the Service or on
cancellation of the Service or at appropriate intervals to be determined by the
Supplier acting reasonably.
5.3 The Customer shall pay each invoice submitted by the Supplier to the
Customer:-
5.3.1 within 30 days of the date of the invoice;
5.3.2 in full and in accordance with the instructions given by the Supplier; and
5.3.3 time for payment shall be of the essence of the Contract.
5.4 All amounts payable by the Customer under the Contract are exclusive of
amounts in respect of value added tax chargeable for the time being (‘VAT’).
Where any taxable supply for VAT purposes is made under the Contract by the
Supplier to the Customer, the Customer shall on receipt of a valid VAT invoice
from the Supplier, pay to the Supplier such additional amounts in respect of VAT
as are chargeable on the supply of the Services at the same time as payment is
due for the supply of the Services.
5.5 Without limiting any other right or remedy of the Supplier, if the Customer
fails to make any payment due to the Supplier under the Contract by the due date
for payment (‘Due Date’), the Supplier shall have the right to charge interest
on the overdue amount at the rate of 8 per cent per annum above HSBC Plc base
lending rate accruing on a daily basis from the Due Date until the date of
actual payment of the overdue amount, whether before or after judgment, and
compounding quarterly.
5.6 Without limiting any other right or remedy of the Supplier, if the Customer
fails to make any payment due to the Supplier which exceeds the sum of £25.00
exclusive of VAT, under the Contract by the Due Date, the Supplier shall have
the right to charge interest in line with the Late Payment of Commercial Debts
(Interest) Act 1998, whether or not the debt would otherwise fall within the
provisions of the Act.
5.7 The Customer shall pay all Charges due under the Contract in full without
any deduction or withholding except as required by law and the Customer shall
not be entitled to assert any credit, set-off or counterclaim against the
Supplier in order to justify withholding of payment of any such amount in whole
or in part. The Supplier may, without limiting its other rights or remedies, set
off any amount owing to it by the Customer against any amount payable by the
Supplier to the Customer.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 All Intellectual Property Rights in or arising out of or in connection with
the Services shall be owned by the Supplier.
6.2 The Customer acknowledges, that in respect of any third party Intellectual
Property Rights, the Customer’s use of any such Intellectual Property Rights is
conditional on the Supplier obtaining a written licence from the relevant
licensor on such terms as will entitle the Supplier to license such rights to
the Customer.
6.3 All Supplier Materials are the exclusive property of the Supplier.
7. CONFIDENTIALITY
7.1 The Customer agrees and shall keep in strict confidence all technical or
commercial know-how, specifications, inventions, processes or initiatives which
are of a confidential nature and have been disclosed to the Customer by the
Supplier and/or Translator, Interpreters, its employees, agents or
subcontractors, and any other confidential information concerning the Supplier’s
business or its products or its services which the Customer may obtain.
7.2 The Customer shall restrict disclosure of such confidential information to
such of its employees, agents or subcontractors as need to know it for the
purpose of discharging the Customer’s obligations under the Contract, and shall
ensure that such employees, agents or subcontractors are subject to obligations
of confidentiality corresponding to those which bind the Customer.
7.3 This clause 7 shall survive termination of this Contract.
8. LIMITATION OF LIABILITY – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
8.1 Nothing in these Conditions shall limit or exclude the Supplier’s liability
for:-
8.1.1 death or personal injury caused by its negligence, or the negligence of
its employees, agents or subcontractors; or
8.1.2 fraud or fraudulent misrepresentation.
8.2 Subject to clause 8.1 the Supplier:-
8.2.1 shall not be liable to the Customer, whether in contract, tort (including
negligence), breach of statutory duty, or otherwise, for any loss of profit, or
for any indirect or consequential loss arising under or in connection with the
Contract including any losses that may result from a breach of the Contract by
the Supplier, its employees, agents or subcontractors (including Translators and
Interpreters); and
8.2.2 shall not be liable to the Customer, whether in contract, tort (including
negligence), breach of statutory duty, or otherwise, for any loss of profit, or
for any indirect or consequential loss arising under or in connection with the
Proof-Reading Service including any losses that may result from a breach of the
Proof-Reading Service by the Supplier, its employees, agents or subcontractors.
8.3 The Service shall be fit for its stated purpose and target readership and
the level of quality specified in the Booking Form. Unless otherwise specified,
the Services shall be deemed to be required for the Intended Use only and the
Supplier shall not be liable to the Customer, whether in contract, tort
(including negligence), breach of statutory duty, or otherwise, for any loss of
profit, or for any indirect or consequential loss arising under or in connection
with the Services.
8.4 The Supplier shall use its best endeavours to achieve the Delivery Date,
however the Supplier cannot warrant the same and no liability shall attach to
the Supplier in the event of the Delivery Date being delayed. A delay in the
Delivery Date shall not in any way constitute a breach of this contract.
8.5 The Supplier’s total liability to the Customer in respect of all losses
arising under or in connection with the Contract, whether in contract, tort
(including negligence), breach of statutory duty, or otherwise, shall not exceed
the value of the Contract.
8.6 Except as set out in these Conditions, all warranties, conditions and other
terms implied by statute or common law are, to the fullest extent permitted by
law, excluded from the Contract.
8.7 This clause 8 shall survive termination of the Contract.
9. TERMINATION
9.1 Without limiting its other rights or remedies, the Supplier may terminate
the Contract with immediate effect by giving notice to the Customer if the
Customer fails to pay any amount due under this Contract or any other contract
on the due date for payment;
9.2 Without limiting its other rights or remedies, the Customer may terminate
the Contract with immediate effect by giving notice to the Supplier if the
Customer gives the Supplier at least 2 Business Days’ written notice in which
case the Cancellation Fee shall be payable. If the Customer terminates the
Contract giving less than at least 2 Business Days’ written notice or cancels an
Emergency Booking then the Customer shall pay the full Charges;
10. CONSEQUENCES OF TERMINATION
10.1 On termination of the Contract for any reason:-
10.1.1 the Customer shall immediately pay to the Supplier all of the Supplier’s
outstanding unpaid invoices for Fees together with interest, and in respect of
Services supplied, Disbursements and Expenses but for which no invoice has been
submitted, the Supplier shall submit an invoice, which shall be payable by the
Customer immediately on receipt;
10.1.2 the Customer shall return all of the Supplier’s Materials which have not
been fully paid for. If the Customer fails to do so, then the Supplier may enter
the Customer’s premises and take possession of them. Until they are returned, of
which the Supplier is to acknowledge receipt, the Customer shall be solely
responsible for their safe keeping and will not use them for any purpose not
connected with this Contract;
10.1.3 the accrued rights, remedies, obligations and liabilities of the parties
as at expiry or termination shall not be affected, including the right to claim
damages in respect of any breach of the Contract which existed at or before the
date of termination or expiry;
10.1.4 clauses which expressly or by implication have effect after termination
shall continue in full force and effect.
11. DISPUTE RESOLUTION
11.1 If any dispute arises between the Customer and the Supplier in respect of
any Services supplied by the Customer then either party must immediately make
the other party aware of such a dispute.
11.2 If the Customer wishes to lodge a complaint with the Supplier then the
Customer should ensure that the Supplier receives full written details of the
complaint within 7 days from the Delivery Date which should be sent to the
Supplier’s address addressed to the Supplier or by email to the Supplier.
11.3 All complaints received will be dealt with in an appropriate manner and in
accordance with the Conditions.
12. GENERAL
12.1 Force Majeure
12.1.1 For the purposes of this Contract, a Force Majeure Event means an event
beyond the reasonable control of the Supplier including but not limited to
strikes, lock-outs or other industrial disputes (whether involving the workforce
of the Supplier or any other party), failure of a utility service or transport
network, act of God, war, riot, civil commotion, malicious damage, compliance
with any law or governmental order, rule, regulation or direction, accident,
breakdown of plant or machinery, fire, flood, storm or default of suppliers or
subcontractors.
12.1.2 The Supplier shall not be liable to the Customer as a result of any delay
or failure to perform its obligations under this Contract as a result of a Force
Majeure Event.
12.1.3 If the Force Majeure Event prevents the Supplier from providing any of
the Services for more than 4 weeks, the Supplier shall, without limiting its
other rights or remedies, have the right to terminate this Contract immediately
by giving notice to the Customer.
12.2 Assignment and Subcontracting
12.2.1 The Supplier may at any time assign, transfer, charge, subcontract or
deal in any other matter with all of its rights under the Contract and may
subcontract or delegate in any manner any or all of its obligations under the
Contract to any third party or agent including any Interpreter or Translator.
12.2.2 The Customer shall not, without the prior written consent of the
Supplier, assign, transfer, charge, subcontract or deal in any other matter with
all or any of its rights or obligations under the Contract.
12.3 Notices
12.3.1 Any notice or other communication required to be given to a party under
or in connection with this Contract shall be in writing and shall be delivered
to the other party personally or sent by pre-paid first-class post, recorded
delivery or by commercial courier, at its registered office (if a company) or in
any other case, its principal place of business.
12.3.2 Any notice or other communication shall be deemed to have been duly
received if delivered personally, when left at the address referred to above,
or, if sent by pre-paid first-class post or recorded delivery, at 10:00am on the
second Business Day after posting, or if delivered by commercial courier, on the
date and at the time that the courier’s delivery receipt is signed.
12.3.3 This clause 11.3 shall not apply to the service of any proceedings or
other documents in any legal action. For the purposes of this clause “writing,”
shall not include faxes and for the avoidance of doubt notice given under this
Contract shall not be validly served if sent by fax or e-mail.
12.4 Waiver
12.4.1 A waiver of any right under the Contract is only effective if it is in
writing and shall not be deemed to be a waiver of any subsequent breach or
default. No failure or delay by the Supplier in exercising any right or remedy
under the Contract or by law shall constitute a waiver of that or any other
right or remedy, nor preclude its further exercise. No single or partial
exercise of such right or remedy shall preclude or restrict the further exercise
of that or any other right or remedy.
12.4.2 Unless specifically provided otherwise, rights arising under the Contract
are cumulative and do not exclude rights provided by law.
12.5 Severance
12.5.1 If a court or any other competent authority finds that any provision of
the Contract (or part of any provision) is invalid, illegal or unenforceable,
that provision or part-provision shall, to the extent required, be deemed
deleted, and the validity and enforceability of the other provisions of the
Contract shall not be affected.
12.5.2 If any invalid, unenforceable or illegal provision of the Contract would
be valid, enforceable and legal if some part of it were deleted, the provision
shall apply with the minimum modification necessary to make it legal, valid and
enforceable.
12.6 General
12.6.1 The Customer and the Supplier shall ensure that in the performance of its
obligations under these Conditions it will at all times comply with the relevant
provisions of the Data Protection Act 1998.
12.6.2 The Customer agrees that they will not engage in or contemplate engaging
in any separate arrangements with Translators and Interpreters during an Order
or for a period of one year after the Commencement Date and all correspondence
must be made through the Supplier.
12.6.3 Nothing in this Contract is intended to, or shall be deemed to,
constitute a partnership or joint venture of any kind between any of the
parties, nor constitute any party the agent of another party for any purpose. No
party shall have authority to act as agent for, or to bind, the other part in
any way whatsoever.
12.6.4 A person who is not a third party to the Contract shall not have any
rights under or in connection with the Contract.
12.6.5 Any variation, including the introduction of additional terms and
conditions, to the Order, shall only be binding when agreed in writing and
signed by the Seller.
12.6.6 This Contract and Order, and any disputes or claims arising out of or in
connection with them or its subject matter or formation (including
non-contractual disputes or claims) shall be governed by and construed in
accordance with English law, and the parties irrevocably submit to the exclusive
jurisdiction of the courts of England and Wales.
IF YOU USE ANY OF OUR SERVICES, YOU ARE AGREEING TO OUR TERMS AND CONDITIONS.