These terms and conditions of use ("Terms") govern your use of the website operated by or on behalf of Phoenix Solutions Limited at http://www.phoenixdelivers.com ("Website"). By viewing and using the Website you agree to be bound by the Terms and your access to it is permitted strictly on that basis.
1. The Phoenix Solutions Limited reserves the right to make changes at any time without notice to the Terms of theWebsite. By continuing to use the Website, you signify your acceptance of any such changes.
2. The content of the Website is provided "as is" without any representations, warranties or guarantees of any kind (whether express or implied by law) including without limitation any warranties of accuracy, completeness, satisfactory quality, fitness for purpose and non-infringement of intellectual property rights.
3. The material contained on the Website is for general information purposes only and does not constitute medical or other professional advice. Nothing on the Website amounts to or should be treated as a contractual offer. The Phoenix Solutions Limited shall not be liable to any person for any loss or damage whatsoever (including without limitation those resulting from business interruption and/or loss of profits) which may arise from the use of, inability to use or reliance on the Website or the information contained within it, save that nothing in the Terms excludes or restricts the liability of the Phoenix Solutions Limited for death or personal injury caused by its negligence.
4. The Phoenix Solutions Limited accepts no responsibility or liability for the material on or operation of any website which is linked to or from the Website. Any links are provided for convenience only and a link does not constitute an endorsement or guarantee of any kind in respect of such websites (or vice versa).
5. The Phoenix Solutions Limited does not guarantee uninterrupted access to the Website or to any site, which is linked to or from the Website. No warranties are given in relation to the contents of the Website and in particular that such content will be accurate, complete or free from errors, bugs or viruses. The Phoenix Solutions Limited makes no commitment to update the Website or its contents or to remedy any defects. If you do experience difficulties in using the Website or find a broken link please use the "Contact" page to tell us about it.
6. The contents of the Website including any and all copyright and other intellectual property rights in it (including without limitation in any text, pictures or graphics) ("IPRs") are owned by Phoenix Solutions Limited. You may download and temporarily store any part of the Website for your own private, non-commercial purposes provided you do not remove any copyright or proprietary notices. No part of the Website may be copied, reproduced, translated or converted in whole or in part into any electronic or machine readable or other form without the prior written approval of Phoenix Solutions Limited. Your use of the Website does not constitute a licence for you to use any of the IPRs.
7. The Website is not a secure site and any information submitted (whether personal information or otherwise) is done so at entirely your own risk. Phoenix Solutions Limited shall not be liable to any person for any loss or damage whatsoever (including without limitation those resulting from business interruption and/or loss of profits) which may arise out of the submission of any information to the Website, save that nothing in the Terms excludes or restricts the liability of the Phoenix Solutions Limited for death or personal injury caused by its negligence.
8. You agree to use the Website only for lawful purposes and in a way, which does not restrict anyone else's use or enjoyment of it.
9. If you access the Website from outside the UK you are
responsible for compliance with local laws if and to the extent local laws are applicable.
10. If any provision of the Terms is found to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country then, within such state or country, to the extent such provision is illegal, invalid or otherwise unenforceable it shall be severed from these Terms. Any such illegality, invalidity or unenforceability shall not affect the other provisions of the Terms, which shall remain in full force and effect.
11. Nothing in the Terms excludes or restricts the liability of any member of the Phoenix Solutions Limited for death or personal injury caused by its negligence.
12. The Terms and any matters arising from or in connection with them shall be governed by and construed in accordance with English law and the English courts shall have exclusive jurisdiction over any claim or matter arising from or in connection with the Terms.
Phoenix Solutions Limited, Registered address: Suite 1 Second Floor Everdene House, Deansleigh Road, Bournemouth, England, BH7 7DU
Company registration: 07841478
Terms of Business
Scope of Terms of Business
All work carried out by or at the responsibility of Phoenix Solutions Ltd (Phoenix Solutions) for clients is subject to these terms of business. These terms may be varied or excluded (in whole or in part) by any Proposal or by subsequent agreement in writing signed on behalf of Phoenix Solutions and the client, but not otherwise.
Acceptance of Proposals
Proposals submitted by Phoenix Solutions shall, unless otherwise stated therein, remain open for acceptance for sixty days from the date of submission to the client. Acceptance shall be valid only if made in writing signed by or on behalf of the client. Variation of the terms of a Proposal shall be effective only if specified in the written acceptance and countersigned by an authorised representative of Phoenix Solutions.
Commencement of Work
Unless otherwise stated in the Proposal, the client shall take all steps to enable Phoenix Solutions to begin its work not later than thirty days after acceptance of the Proposal. The client will make available or place at Phoenix Solutions disposal all information facilities and personnel reasonably required by them to carry out its work, and generally will co-operate with them in all reasonable ways.
Phoenix Solutions will take all reasonable steps to meet the wishes of clients in the selection of sub-contractors and associates but reserves the right (unless otherwise required in writing by the client in its acceptance of a Proposal) to employ, discharge or replace at any time any sub-contractor or associate in carrying out work for clients. References in a Proposal to the utilisation of the services of a particular person as sub-contractor or associate shall imply only that Phoenix Solutions has consulted and intends to employ or retain such person but shall not imply that contractual arrangements have been made for such employment or retention.
Fees and Expenses
All fees expenses and other sums payable to Phoenix Solutions by the client shall be payable in every case within 15 days of the date of each invoice submitted by Phoenix Solutions. Expenses shall be reimbursed to Phoenix Solutions by the client at cost.
Where travelling expenses paid or payable by Phoenix Solutions are to be reimbursed by the client they shall be charged at cost. The standard rate for mileage is the prevailing rate quoted by the Automobile Association for the type of vehicle used.
Foreign Currency Expenses
Where any expense to be reimbursed by the client is paid by Phoenix Solutions in a currency other than Sterling it shall (unless otherwise stated in a Proposal) be reimbursed in Sterling calculated at the official rate of exchange prevailing at the date when the expenses were paid for.
If, after the acceptance of a Proposal, the rights of Phoenix Solutions or of the client under the agreement are wholly or substantially diminished or the performance thereof rendered wholly or substantially impossible by reason of force majeure, then the obligations of both parties shall cease forthwith except that the client shall pay to Phoenix Solutions all fees and expenses then owing (including all the expenses of or caused by or arising out of such termination) together with a sum equal to whichever is the lesser of the fees remaining to be paid thereafter or a proportion of the total fees equivalent to sixty days' work calculated pro rata against the total time estimated for the project.
Termination or Breach by Client
If, after acceptance of a Proposal, the client shall terminate or be in serious or (after warning) repeated breach of its agreement with Phoenix Solutions or act in such a manner as to render the performance of the agreement by Phoenix Solutions wholly or substantially impossible, then Phoenix Solutions's obligations under the agreement shall cease forthwith. In such a case the client shall immediately pay to Phoenix Solutions all fees and expenses (including all the expenses of or caused by or arising out of such termination) and other sums then owing to Phoenix Solutions under the agreement together with a sum equal to the whole of the fees thereafter remaining to be paid under the agreement.
All surveys, forecasts and recommendations in any Proposal, report or letter are made in good faith and on the basis of the information before Phoenix Solutions at the time. No statement in any Proposal, report or letter is to be deemed to be in any circumstances a representation, undertaking, warranty or contractual condition. Phoenix Solutions shall not be liable to the client for any indirect or consequential loss or damage. The total liability of Phoenix Solutions to the client shall not exceed the value of the contract. This amount includes any and all claims combined, including any costs and lawyers' fees awarded.
Phoenix Solutions intends to employ the methods, procedures, techniques, personnel and sources of information set out in the Proposal, but reserves the right to vary these as necessary or desirable in order to achieve the aims of the project.
Copyright is reserved to Phoenix Solutions in all Proposals, reports, surveys and other documents produced or commissioned by Phoenix Solutions under or in connection with any agreement with a client. No such document shall be copied or published (in whole or in part) or disseminated to any third party without the written permission of Phoenix Solutions. Permission will not be unreasonably withheld or withdrawn provided in all cases that Phoenix Solutions is satisfied that the copying or publication will not cause offence to or infringe the rights of any third party and provided further that Phoenix Solutions is satisfied that such copying or publication will be of the whole of the document concerned and not of a part or selection therefrom.
All Proposals, reports, surveys and other documents produced or commissioned by Phoenix Solutions will be treated by Phoenix Solutions as confidential to the client concerned and will not be shown or passed to any third party without written permission of the client.
These terms of business and all documents, arrangements and agreements to which they apply shall be construed and have effect in accordance with the laws of England, and the client accepts the exclusive jurisdiction of the English courts.
If any dispute or difference shall arise between Phoenix Solutions and a client concerning the meaning or effect of these terms of business or of any agreement between them to which these terms apply then if the same cannot be settled amicably it shall be referred to the arbitration of a single
Arbitrator to be agreed by the parties or in default of agreement to be appointed by the President for the time being of the Law Society, London. The costs of any such arbitration shall be in the discretion of the Arbitrator whose award will be considered and taken by the parties as final and binding.
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