TERMS & CONDITIONS

Background

These Terms and Conditions are the standard terms for the provision of services by WeAre3Fold Ltd a Private Limited Company registered in England under number 11199059, whose registered address is Suite 6 Dukes House, 4-6 High Street, Windsor, Berkshire, SL4 1LD.

 

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Business Day”

means any day other than a Saturday, Sunday or bank holiday;

“Calendar Day”

means any day of the year;

“Contract”

means the contract for the provision of Services, as explained in Clause 3;

“Deposit”

means an advance payment made to Us under sub- Clause 5.5;

“Month”

means a calendar month;

“Price”

means the price payable for the Services;

“Services”

means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation);

“Special Price”

means a special offer price payable for Services which We may offer from time to time;

“Order”

means your order for the Services [as attached] OR [as shown overleaf];

“Order Confirmation”

means Our acceptance and confirmation of your Order as described in Clause 3;

“We/Us/Our”

means WeAre3Fold Ltd,] a Private Limited Company, registered in England under number 11199059,  whose registered address is Suite 6 Dukes House, 4-6

High Street, Windsor, Berkshire, SL4 1LD.

 

1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means.

2. Information About Us

2.1 WeAre3Fold Ltd is a Private Limited Company registered in England under number 11199059, whose registered address is Suite 6 Dukes House, 4-6 High Street, Windsor, Berkshire, SL4 1LD.

 

2.2 Our VAT number is 289 8242 46

3. The Contract

3.1 These Terms and Conditions govern the sale and provision of Services by Us and will form the basis of the Contract between Us and you. Before submitting an Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.

3.2 Nothing provided by us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.

3.3 A legally binding contract between Us and you will be created upon our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing.

3.4 We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:

3.4.1 The main characteristics of the Services;

3.4.2 Our identity (set out above in Clause 2) and contact details (as set out below in Clause 11);

3.4.3 The total Price for the Services including taxes or, if the nature of the Services is such that the Price cannot be calculated in advance, the manner in which it will be calculated;

3.4.4 The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Services;

 

3.4.5 Our complaints handling policy;

3.4.6 Where applicable, details of after-sales services and commercial guarantees;

3.4.7 The duration of the Contract, where applicable, or if the Contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the Contract;

3.4.8 Where applicable, the functionality, including appropriate technical protection measures, of digital content;

3.4.9 Where applicable, any relevant compatibility of digital content with hardware and software that We are aware of or might reasonably be expected to be aware of.

 

 

4. Orders

4.1 All Orders for Services made by you will be subject to these Terms and Conditions.

4.2 You may change your Order at any time before We begin providing the Services by contacting Us. Requests to change Orders need to be made in writing.

4.3 If your Order is changed We will inform you of any change to the Price inwriting.

4.4 You must understand that upon entering into a contract, We are committing time and resources to this order and thus cancellation would result in lost income and lost business opportunities in an amount difficult to precisely calculate. Therefore, the following cancellation limitations will apply:

4.4.1 Third party referral partners are subject to Third party referral partner contract agreements and are not subject to the following policies.

4.4.2 If you request cancellation of this order for any reason 90 days or more before the event, you shall receive a full refund. If you request cancellation 45-89 days before the event, (25%) of the contract total will be owed to Us. If you request cancellation 31-44 days before the event, (50%) of the contract total will be owed to Us. After 30 days in advance of the event, We shall be entitled to (100%) of the contract total.

4.4.3 The client may reschedule the event but any costs incurred up to the date of the initial event such as manufacture, labour, loss of use and incurred additional expenses may be extra. Any savings from the initial event will be credited toward the new date. If the new date is cancelled then this will not be refunded.

4.4.4 Note refunds are the sole discretion of Us. Although an event may be cancelled or rescheduled, Us reserves the right to allow for consulting and coordinating when or if determining to allow for a cancelation or refund of any amount or for any reason.

4.5 You may cancel your Order. If you have already made any payments to Us under Clause 5 (including, but not limited to the Deposit), subject to sub- Clause 5.6, the payment(s) will be refunded as soon as is reasonably  possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation. If you request that your Order be cancelled, you must confirm  this in writing. If you wish to cancel the Services after this time period, or once We have begun providing the Services, please refer to Clause 10.

4.6 We may cancel your Order at any time before We begin providing the  Services due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform you as soon as is reasonably possible. If you have made any payments to Us under Clause 5 (including,  but not limited to the Deposit), the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Us informing you of the cancellation. Cancellations will be confirmed in writing.

 

 

5. Price and Payment

5.1 The Price of the Services will be that shown in Our budget in place at the time of your Order. If the Price shown in your Order differs from Our current Price We will inform you upon receipt of your Order.

5.2 Our Prices may change at any time but these changes will not affect Orders that We have already accepted.

5.3 All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment in full from you.

 

5.4 Before We begin providing the Services, you will be required to pay a Deposit of 50% of the total Price for the Services. The due date for payment of your Deposit will be included in the Order Confirmation.

5.5 In certain circumstances, if your Order is cancelled, your Deposit will be refunded in full or in part. The amount due will be calculated based upon the Price for the Services, Our budget, and the amount of work (if any) already undertaken by Us. Please refer to sub-Clauses 4.4 and 4.5 if your Order is cancelled before the Services begin, or to Clause 10 if the Services are cancelled after they have begun.

5.6 The balance of the budget will be payable one month in advance of delivering the service.

5.7 We accept the following methods of payment:

BACS;

CHAPS;

Cheque;

5.8 If you do not make payment to Us by the due date as shown on the invoice We may charge you interest on the overdue sum at the rate of 5% to 8% per annum above the base lending rate of HSBC from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.

5.9 The provisions of sub-Clause 5.10 will not apply if you have promptly contacted Us to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.

 

 

6. Providing the Services

6.1 As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in the industry, and in accordance with any information provided by Us about the Services and about Us.

6.2 We will begin providing the Services on the date confirmed in Our Order Confirmation.

6.3 We will make every reasonable effort to complete the Services on time (and in accordance with your Order). We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please see Clause 9 for events outside of Our control.

6.4 If We require any information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible.

6.5 If the information or action required of you under sub-Clause 6.5 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on your part, We may charge you a reasonable additional sum for that work.

6.6 In certain circumstances, for example where there is a delay in you sending Us information or taking action required under sub-Clause 6.5, We may suspend the Services (and will inform you of that suspension in writing).

 

6.7 In certain circumstances, for example where We encounter a technical problem, We may need to suspend the Services in order to resolve the issue. Unless the issue is an emergency and requires immediate attention We will inform you in advance in writing before suspending the Services.

6.8 If the Services are suspended under sub-Clauses 6.7 or 6.8, you will not be required to pay for them during the period of suspension. You must, however, pay any invoices that you have already received from Us by their due date(s).

6.9 If you do not pay Us for the Services as required by Clause 5, We may suspend the Services until you have paid all outstanding sums due. If this happens, We will inform you in writing. This does not affect Our right to  charge you interest under sub-Clause 5.10.

 

7. Our Liability

7.1 We shall provide Public Liability insurance cover of £5million for each and every claim.

 

8. Events Outside of Our Control (Force Majeure)

8.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

8.2 If any event described under this Clause 9 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

8.2.1 We will inform you as soon as is reasonably possible;

8.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;

 

8.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;

8.2.4 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel under sub-Clause 10.3.3. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation notice;

8.2.5 If the event outside of Our control continues for more than four weeks, We will cancel the Contract in accordance with Our right to cancel under sub-Clause 10.6.3 and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.

 

9. Cancellation

9.1 If you wish to cancel your Order for the Services before the Services begin, you may do so under sub-Clause 4.4.

9.2 Once We have begun providing the Services, you are free to cancel the Services and the Contract at any time by giving Us 14 Calendar days written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5.

9.3 If any of the following occur, you may cancel the Services and the Contract immediately by giving Us written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5. If you cancel  because of Our breach under sub-Clause 10.3.1, you will not be required to make any payments to Us. You will not be required to give 14 calendar days’ notice 0in these circumstances:

9.3.1 We enter into liquidation or have an administrator or receiver appointed over Our assets; or

9.3.2 We are unable to provide the Services due to an event outside of Our control (as under sub-Clause 9.2.4); or

9.3.3 We change these Terms and Conditions to your material disadvantage.

9.4 We may cancel your Order for the Services before the Services begin under sub-Clause 4.5.

9.5 Once We have begun providing the Services, We may cancel the Services and the Contract at any time by giving you 14 calendar days’ written notice. If you have made any payment to Us for any Services We have not yet  provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5.

9.6 If any of the following occur, We may cancel the Services and the Contract immediately by giving you written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5. We will not be required to give  14 Calendar Days’ notice in these circumstances:

 

9.6.1 You fail to make a payment on time as required under Clause 5 (this does not affect our right to charge interest on overdue sums under sub- Clause 5.10); or

9.6.2 You have breached the Contract in any material way and have failed to remedy that breach within 14 Calendar Days’ of Us asking you to do so in writing; or

9.6.3 We are unable to provide the Services due to an event outside of Our control (for a period longer than that in sub-Clause 9.2.5).

9.7 For the purposes of this Clause 10 (and in particular, sub-Clauses 10.3.1 and 10.6.2) a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party (i.e. you under sub- Clause 10.3.1 and Us under sub-Clause 10.6.2). In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.

 

10. Communication and Contact Details

10.1 If you wish to contact Us, you may do so by telephone at 07703537997 or by email at melanie@weare3fold.co.uk.

10.2 In certain circumstances you must contact Us in writing (when cancelling an Order, for example, or exercising your right to cancel the Services). When contacting Us in writing you may use the following methods:

10.2.1 Contact Us by email at melanie@weare3fold.co.uk; or

10.2.2 Contact Us by pre-paid post at WeAre3Fold Ltd, Suite 6 Dukes House, 406 High Street, Windsor, Berkshire, SL4 1LD.

 

11. Complaints and Feedback 

11.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

11.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available from Melanie Qutteineh.

11.3 If you wish to complain about any aspect of your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Services, please contact Us in one of the following ways:

11.3.1 In writing, addressed to Melanie Qutteineh, Managing Director, Suite 6 Dukes House, 406 High Street, Windsor, Berkshire,

SL4 1LD.

11.3.2 By email, addressed to Melanie Qutteineh, Managing Director, WeAre3Fold Ltd

11.3.3 By contacting Us by telephone on 07703537997.

 

 

12. We Use Your Personal Information (Data Protection)

12.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

12.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from Melanie Qutteineh.

 

13. Other Important Terms

13.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

 

13.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.

13.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

13.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

13.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

 

 

14. Governing Law and Jurisdiction

14.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

14.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.

14.3 Any dispute, controversy, proceedings or claim between you and Us relating  to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.