Terms and Conditions of Supply of Services
Terms and Conditions of Supply of Services
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the advertising services (Services) listed on our website SimplySurrey.co.uk (our sites) to you. Please read these terms and conditions carefully before ordering any Services from our sites. You should understand that by ordering any of our Services you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Where ordering any services online or on our sites you confirm that you have read and accepted these terms and conditions. When confirming your order via email or telephone you are confirming that you have read and accepted these terms and conditions.
By confirming your order for Services or using any of the Services, you agree to these terms and conditions. If you are agreeing to these terms and conditions for the supply of Services by an organisation, you are agreeing to these terms and conditions on behalf of that organisation. You must have the authority to bind that organisation to these terms and conditions, otherwise you must not sign up for or use the Services.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Services from us.
1. Information about us
1.1 SimplySurrey.co.uk is a trading names of Shriji Group Ltd a limited company registered in England and Wales with Company Number: 9431215.
2. Service availability
2.1 We shall use reasonable endeavours to provide the Services to you in accordance with the description given on our sites in all material respects.
2.2 We shall use reasonable endeavours to meet any performance dates specified in the Confirmation, but any such dates shall be estimates only and time for performance by us shall not be of the essence of this agreement.
3. Your status
By placing an order through our sites, you warrant that:
you are legally capable of entering into binding contracts;
you are at least 18 years old;
4. How the contract is formed between you and us
4.1 After placing an order, you will receive an e-mail from us acknowledging we have received your order. Upon receipt of our email acknowledgement of your order, the contract between us (Contract) is formed.
4.2 The Contract will relate only to those Services which have been ordered.
5. Your obligations
5.1 You shall provide us with the text and any images, logos, and/or trade marks to be contained in a job posting or banner advertisement (“Customer Materials”) within 28 days of placing an order.
5.2 You shall ensure that the Customer Materials are accurate and not misleading and comply with our Terms and Conditions of Use
5.3 You shall ensure that the Customer Materials do not infringe the rights of any third party including any intellectual property rights.
5.4 Where the Services include managed services (where we write advertisements based on information which you provide to us) you shall ensure that all information which you provide to us is accurate and not misleading and does not infringe the rights of any third party.
5.5 Where the Services include the display of your logo and/or trade mark(s) you are responsible for ensuring that you provide us with the logo in an appropriate size and format in accordance with our instructions.
5.6 You shall indemnify us against any claim, loss or damage which we suffer as a result of your breach of any of your obligations.
6. Our status
6.1 We may provide links on our sites to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products or services you purchase from third party sellers through our sites, or from companies to whose website we have provided a link on our sites, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
7. Availability and delivery
7.1 Your order will be fulfilled within a reasonable time of the date of the order, unless there are exceptional circumstances.
7.2 Where the Services have an expiry date for use, Services must be activated by you prior to the expiry date. Services not activated prior to the expiry date will be withdrawn and no refund offered.
7.3 Where there is a delay in delivering the Services which results from your failure to provide us with relevant information, text, wording and/or logos to complete an advertisement we shall have no liability to you if the Services are not delivered on time or if the Services expire before they are used.
8. Price and payment
8.1 The price of some Services will be as quoted on our sites from time to time, except in cases of obvious error
8.2 Prices of Services will also be quoted by members of our sales team during sales discussions or in written proposals for the supply of Services
8.3 These prices do not include VAT.
8.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.
8.5 Our sites contains a large number of Services and it is always possible that, despite our best efforts, some of the Services listed on our sites may be incorrectly priced. We will normally verify prices as part of our confirmation procedure so that, where a Service’s correct price is less than our stated price, we will charge the lower amount when dispatching the Service to you. If a Service’s correct price is higher than the price stated on our sites, we will normally, at our discretion, either contact you for instructions before activating the Service, or reject your order and notify you of such rejection.
8.6 We are under no obligation to provide the Service to you at the incorrect (lower) price, even after we have sent you a Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
8.7 Payment for all Services must be via accepted method. Accepted methods are currently PayPal. If you do not have a PayPal account, you can make payment using a Credit/Debit card via the PayPal guest account facility. Company name on payments will be shown as Shriji.
8.8 Unless otherwise agreed by us in writing, payment must be made in cleared funds before we will commence the provision of the Services. Where a variation to this is agreed in writing by us, such variation will also state the deadline for payment. In the case where we agree to provide services on the basis of payment via invoice, our terms and conditions of payment are 14 days from the date on the invoice.
8.9 In cases where Services are ordered or provided on a subscription basis, (including monthly, quarterly, six monthly and annually), unless otherwise agreed by us in writing, the minimum term for subscription is six months. If you fail to make any payment(s) or in the case of late payment(s) we reserve the right to immediately charge you in full for the remainder of the subscription agreement and payment due will be due within 14 days of any such charge.
9. Intellectual Property
9.1 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 trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography 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 and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
9.2 You shall retain all Intellectual Property Rights in the Customer Materials.
9.3 All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by us.
9.4 Where the provision of the Services includes the display of your logo and/or trade mark (including Services such as featured recruiter/employer and banner advertising) you hereby permit us to use and display your logo and/or trade mark on the site as necessary to provide the Services to you.
10.1 A party (Receiving Party) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature or which are expressed to be of a confidential nature by the other party (Disclosing Party), and have been disclosed to the Receiving Party by the other party its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party’s business or its products or its services which the Receiving Party may obtain. The Receiving Party 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 Receiving Party’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 Receiving Party. This clause 11 shall survive termination of the Contract.
11. Our refunds policy
11.1 You are advised to carefully check the Terms and Conditions of Use which outline the requirements and restrictions on the contents of advertisements prior to ordering as no refund will be given where an advertisement is rejected because of its failure to comply with these terms.
11.2 Refunds may be given where we are unable to provide the Services. To apply for a refund please contact us on SimplySurrey.co.uk /surreyjobs/contact. Refunds are given only at our discretion.
11.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
12. Our liability
12.1 Our liability for losses you suffer as a result of us breaching this agreement is strictly limited to direct losses and we shall not be liable to you for any of the following types of loss howsoever arising whether caused by tort (including negligence), breach of contract or otherwise:
12.1.1 loss of income or revenue;
12.1.2 loss of business;
12.1.3 loss of profits or contracts;
12.1.4 loss of anticipated savings;
12.1.5 loss of data; or
12.1.6 waste of management or office time.
12.2 The amount of our liability under clause 12.1 above shall not exceed an amount equal to the purchase price of the Services which you have purchased in the twelve months leading up to the breach.
12.3 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.
13.1 Without limiting its other rights or remedies, each party may terminate the Contract with immediate effect by giving written notice to the other party if:
13.1.1 the other party commits a material breach of the Contract and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach;
13.1.2 an Insolvency Event affecting the other party occurs.
For the purposes of this agreement, an Insolvency Event shall mean
(a) other than for the purposes of a bona fide reconstruction or amalgamation, such party passing a resolution for its winding up, or a court of competent jurisdiction making an order for it to be wound up or dissolved, or that party being otherwise dissolved; or
(b) the appointment of an administrator of, or the making of an administration order in relation to, either party, or the appointment of a receiver or administrative receiver of, or an encumbrancer taking possession of or selling, the whole or any part of the entity’s undertaking, assets, rights or revenue; or
(c) that party entering into an arrangement, compromise or composition in satisfaction of its debts with its creditors or any class of them, or taking steps to obtain a moratorium, or making an application to a court of competent jurisdiction for protection from its creditors; or
(d) that party being unable to pay its debts, or being capable of being deemed unable to pay its debts, within the meaning of section 123 of the Insolvency Act 1986.
13.1.3 you fail to pay any amount due under this Contract on the due date for payment.
13.1.4 you or any of your officers, directors, employees, agents or sub-contractors is involved in any behaviour or operation which could adversely affect our good name or result in damage to our reputation.
13.2 Without limiting our other rights or remedies, we shall have the right to suspend provision of the Services under the Contract or any other contract between the you and us if you become subject to an Insolvency Event or if we reasonably believes that you are about to become subject to an Insolvency Event.
14. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our sites, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to SimplySurrey.co.uk on SimplySurrey.co.uk /surreyjobs/contact. We may give notice to you by posting on our Website and/or the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16. Transfer of rights and obligations
16.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it to any third party or other company regardless of its relationship to you without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17. Events outside our control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
17.2.1 strikes, lock-outs or other industrial action;
17.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
17.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
17.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
17.2.5 impossibility of the use of public or private telecommunications networks; and
17.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. Entire agreement
20.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
20.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
20.3 The Services are provided as described on our website and no warranty as to their effectiveness or audience is given.
21. Our right to vary these terms and conditions
21.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
21.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Services).
22. Law and jurisdiction
Contracts for the purchase of Services through our sites will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.