terms of sale
WHAT THESE TERMS COVER
These are the terms and conditions on which we supply our services or digital content (“services”) to you.
WHY YOU SHOULD READ THEM
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
ARE YOU A BUSINESS CUSTOMER?
In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
· You are an individual.
· You are buying services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
IF YOU ARE A BUSINESS CUSTOME THIS IS OUR ENTIRE ANGREEMENT WITH YOU
If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
INFORMATION ABOUT US AND HOW TO CONTACT US
Who we are. We are DO REALWORK Ltd, a limited company with company number 12513670 and its registered address at 259 Copnor Rd, Portsmouth, PO3 6JH in the United Kingdom.
How to contact us. You can contact us by writing to us at fleur@doreal.work
OUR CONTRACT WITH YOU
How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
OUR RIGHTS IN RELATION TO THE SERVICES
Minor changes to the services. We may change the services:
· to reflect changes in relevant laws and regulatory requirements; and
· to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the services.
OUR INTELLECTUAL PROPERTY RIGHTS IN RELATION TO THIS SERVICE
We are the owners or licensees of all intellectual property rights in the website, and the services you purchase, including any databases that hold relevant information about our website or our services. These rights are protected by copyright or trademark registration and you may only use the services, or any part of them, in accordance with these terms.
Upon payment of the price for any of our services, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable licence to use the services for your own personal, non-commercial use.
You must not redistribute, transmit, assign, sell, rent, exchange, commercially exploit, broadcast, modify, adapt, copy, edit, sub-licence, share, lend, or transfer any services, or part of the services, that you purchase through this website or from us unless agreed with us in writing. To do so would be breaching our intellectual property rights, and we reserve our rights to take legal action if this occurs.
PROVIDING THE SERVICES
We will supply the services to you until either the services are completed, or the three (3) month subscription expires, or you end the contract as described in below, or we end the contract by written notice to you as also described below.
We are not responsible for delays outside our control. If our supply of the services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
Reasons we may suspend the supply of services to you. We may have to suspend the supply of a service to:
· deal with technical problems or make minor technical changes;
· update the service to reflect changes in relevant laws and regulatory requirements;
· make changes to the service as requested by you or notified by us to you.
Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency.
If we have to suspend the services, we will adjust the price so that you do not pay for services while they are suspended.
You may contact us to end the contract for a service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the service in respect of the period after you end the contract.
We may also suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to and you still do not make payment within seven (7) days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not charge you for the services during the period for which they are suspended.
We may also suspend supply of the services if you do not abide by our policies. When we commence the supply of the services, we will advise you of our policies in relation to your engagement with the services and other participants and you will have access to these policies for the duration of the services. If you do not act in accordance with these policies, we may at our discretion suspend supply of the service to you. We will refund you any sums you have paid in advance for the service in respect of the period after we suspend supply of the service.
YOUR RIGHTS TO END THE CONTRACT
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer.
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
a) we have told you about an upcoming change to the services or these terms which you do not agree to;
b) we have told you about an error in the price or description of the service you have ordered and you do not wish to proceed;
c) there is a risk that supply of the services may be significantly delayed because of events outside our control;
d) we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
e) you have a legal right to end the contract because of something we have done wrong.
Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
How long do consumers have to change their minds? You have 14 days after the day we email you to confirm we accept your order. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at fleur@doreal.work
You may use the model cancellation form below, but you are not required to:
Cancellation form
To DO REALWORK Ltd
I hereby give notice that I cancel my contract of the supply of the REALWORK services, ordered on [customer to insert purchase date].
Name of customer: [customer to insert name]
Address of customer: [customer to insert address]
Date: [customer to insert date]
How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the services by the method you used for payment. However, we may make deductions from the price, as described below.
When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind, your refund will be made within 14 days of your telling us you have changed your mind
OUR RIGHTS TO END THE CONTRACT
We may end the contract if you break it. We may end the contract at any time by writing to you if:
a) you do not make any payment to us when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due;
b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services.
You must compensate us if you break the contract. If we end the contract in the situations set out above we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
We may withdraw the services. We may write to you to let you know that we are going to stop providing the services. We will let you know at least one (1) month in advance of our stopping the supply of the services and will refund any sums you have paid in advance for services which will not be provided.
IF THERE IS A PROBLEM WITH THE SERVICES
How to tell us about problems. If you have any questions or complaints about the services, please contact us via email at fleur@doreal.work
If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
· let you know that we cannot settle the dispute with you; and
· give you certain information required by law about our alternative dispute resolution provider.
YOUR RIGHTS IN RESPECT OF DEFECTIVE SERVICESS IF YOU ARE A CONSUMER
If you are a consumer we are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk
If your purchase is of services, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
YOUR RESPONSIBILITIES IN RELATION TO THE SERVICES
You have certain responsibilities in relation to the services you purchase from us. You agree that you are purchasing our services for your private, non-commercial use only.
You further agree that you will not redistribute, transmit, assign, sell, rent, exchange, commercially exploit, broadcast, modify, adapt, copy, edit, sub-licence, share, lend, or transfer any services, or part of the services, that you purchase through our website or from us unless agreed with us in writing.
You are responsible for ensuring that you do not lose, destroy, or damage any elements of the services you purchase from us.
CONFIDENTIALITY
You acknowledge and agree that other community members may share commercially sensitive and personally sensitive information, and you may have access to this commercially sensitive and personally sensitive information in your time as a member of the community. Without reservation you agree to keep all matters shared in written, verbal, audio or visual format confidential and you agree to take all reasonable actions to ensure that the confidentiality of such information is protected and maintained.
You acknowledge and agree that any information you share in the community is done so entirely at your own risk. We take no responsibility or liability for the release of any information by any members of our community.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
PAYMENT
Where to find the price for the services. The price of the service (which may include VAT) will be the price indicated on the order pages when you placed your order on our website. We use our best efforts to ensure that the price of the service advised to you is correct. However please see below for what happens if we discover an error in the price of the service you order.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we commence supply of the service, we will adjust the rate of VAT that you pay, unless you have already paid for the service in full before the change in the rate of VAT takes effect.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before making our services available for purchase. If, however, we discover that a service was incorrectly priced after accepting your order:
· where the correct price at your order date is less than our stated price at your order date, we will refund you the additional amount paid;
· if the correct price at your order date is higher than the price stated to you, we will contact you for your instructions as to whether to proceed with your order at the increased price and provide the services (which may involve us refunding the lower price you have paid, and you then re-purchasing the services for the correct price), or whether to cancel your order and issue a refund.
When you must pay and how you must pay. We accept payment with debit and credit cards. When purchasing services, you must pay for the services at the time of ordering them.
By purchasing ongoing services, you acknowledge and agree to being charged an ongoing recurring fee every month, which will be automatically deducted from your chosen credit card, debit card or bank account. This ongoing fee will continue to be deducted, without further consent from you or notice from us, until such time as you or we cancel the contract between us.
OUR RESPONSIBILITY
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the services.
We are not liable for business losses. If you are a consumer we only supply the services to you for domestic and private use. If you use the services for any commercial, business or re-sale purpose our liability to you will be limited as set out below.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
Nothing in these terms shall limit or exclude our liability for:
a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
b) fraud or fraudulent misrepresentation;
c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
d) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
Except to the extent expressly stated in these terms, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
Subject to the clauses above,
a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for services under this contract.
HOW WE MAY USE YOUR PERSONAL INFORMATION
How we will use your personal information. We will only use your personal information as set out in our Privacy Policy, a copy of which is available on our website.
OTHER IMPORTANT TERMS
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of these terms or the services in the English courts.