Terms and Conditions

by | Aug 28, 2019

Terms and Conditions for SENDCO Solutions Ltd.

OVERVIEW

This website is operated by SENDCO Solutions Limited. Throughout the site, the terms “we”, “us” and “our” refer to SENDCO Solutions Limited. SENDCO Solutions Limited offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website.

It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Quotes:

1.1 The quotes provided by SENDCO Solutions are based on the information available at the time of the quote. The final invoice may vary from the quote based on any changes or additional services requested by the client.

1.2 Quotes are valid for a period of 45 days from the date of issue. After this period, SENDCO Solutions reserves the right to review and update the quote as necessary.

1.3 Any alterations or deviations from the original scope of work may result in adjustments to the quote, subject to the client’s approval.

1.4 The client acknowledges that quotes are not final prices, and actual costs may differ due to unforeseen circumstances or project complexities.

1.5 Quotes are provided for informational purposes only and do not constitute a binding agreement between the client and SENDCO Solutions.

Invoices:

2.1 Invoices will be issued by SENDCO Solutions upon completion of the agreed-upon services or at milestone points, as mutually agreed upon in writing.

2.2 Payment terms are 30 days from the date of the invoice unless otherwise stated in writing and agreed upon by both parties.

2.3 All payments shall be made in the currency specified on the invoice, and the client is responsible for any transaction fees associated with the payment.

2.4 Late payments may incur a penalty charge of 5% per month on the outstanding balance until the payment is made in full.

2.5 In the event of project suspension or termination by the client, the client shall be liable for any work completed up to that point and shall make payment within the agreed-upon terms.

2.6 Cancellation of work within 6 weeks of the start date shall incur a charge of 50% of the total estimated cost. SENDCO Solutions reserves the right to invoice the client for this cancellation fee.

Intellectual Property:

3.1 SENDCO Solutions retains ownership of all intellectual property rights associated with the quotes, invoices, and any deliverables provided as part of the services.

3.2 Upon receipt of full payment for the services, SENDCO Solutions grants the client a non-exclusive, non-transferable license to use the deliverables for their intended purpose.

3.3 The client shall not reproduce, modify, distribute, or sell the deliverables without prior written consent from SENDCO Solutions.

Confidentiality:

4.1 Both parties agree to treat all non-public information, including but not limited to trade secrets, client data, and proprietary information, as confidential.

4.2 Confidential information shall not be disclosed to any third party without the express written consent of the disclosing party.

Liability and Indemnification:

5.1 SENDCO Solutions shall not be liable for any indirect, consequential, or incidental damages arising from the services provided or the use of the deliverables.

5.2 The client agrees to indemnify and hold SENDCO Solutions harmless against any claims, liabilities, costs, or expenses incurred as a result of the client’s use of the deliverables or breach of these terms.

Governing Law and Jurisdiction:

6.1 These terms and conditions shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of laws principles.

6.2 Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of England.

Scope of Services:

7.1 SENDCO Solutions agrees to provide the services as described in the quote or project agreement, subject to these terms and conditions.

7.2 Any additional services requested by the client that are not included in the original quote may incur additional charges.

Free 15-Minute Consultation:

8.1 SENDCO Solutions offers a free 15-minute consultation to prospective clients to discuss their needs and how we can assist.

8.2 The free consultation is limited to one session per client or organization.

8.3 The consultation must be scheduled in advance and is subject to availability.

8.4 The free consultation is intended for preliminary discussions only. Any additional consultation time or follow-up meetings will be charged at our standard rates.

8.5 SENDCO Solutions reserves the right to terminate the consultation if it is deemed that the service is being abused or if the client is not adhering to the scheduled time.

8.6 The free consultation does not obligate SENDCO Solutions to provide any specific services or guarantees regarding the outcome of future services.

Force Majeure:

9.1 Neither party shall be liable for any failure to perform its obligations under these terms if such failure is caused by events beyond its reasonable control, including but not limited to natural disasters, war, or other unforeseen events.

Amendments and Changes:

10.1 SENDCO Solutions reserves the right to amend these terms and conditions at any time. Any such amendments will be posted on our website or communicated to the client in writing.

10.2 It is the client’s responsibility to review these terms regularly for any updates or changes.

Severability:

11.1 If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.

Contact Information:

12.1 For any questions or concerns regarding these terms and conditions, please contact SENDCO Solutions at [your contact information].

General Conditions

13.1 We reserve the right to refuse service to anyone for any reason at any time.

13.2 We do not hold or have access to your credit card or payment details as we use a third-party platform ‘Stripe’ to accept your payment. Please see our Privacy Policy for more information.

13.3 You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

13.4 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

13.5 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, Completeness and Timeliness of Information

14.1 We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

14.2 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Modifications to the Service and Prices

15.1 Prices for our products are subject to change without notice.

15.2 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

15.3 We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

Products

16.1 Certain products or services may be available exclusively online through the website. Other products may be available through external channels. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

16.2 We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

16.3 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Accuracy of Billing and Account Information

17.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

17.2 You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, so that we can complete your transactions and contact you as needed.

Optional Tools

18.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

18.2 You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

18.3 Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

18.4 We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third-Party Links

19.1 Certain content, products, and services available via our Service may include materials from third parties.

19.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

19.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

User Comments, Feedback, and Other Submissions

20.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

20.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

20.3 You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

Personal Information

21.1 Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please visit [link to your Privacy Policy].

Errors, Inaccuracies, and Omissions

22.1 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

22.2 We shall not amend any information submitted by you to us in relation to a product. We are not responsible for any information you provide to us in relation to a product.

22.3 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses

23.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer of Warranties; Limitation of Liability

24.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

24.2 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

24.3 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

24.4 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

24.5 In no case shall SENDCO Solutions, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Our aggregate liability to you for all products purchased by you in single or multiple transactions shall be limited to £250.00. Your liability to us shall be capped at £250.00 except in relation to any claims by third parties brought under Section 23.

Severability

25.1 In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

26.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

26.2 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. There can be no termination or refund on bespoke products unless the product is flawed (but not as a result of us using information supplied by you).

26.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

27.1 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

27.2 These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

27.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

28.1 These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales. In the event of any contractual claim or dispute, the courts of England will have jurisdiction over proceedings.

Changes to Terms of Service

29.1 You can review the most current version of the Terms of Service at any time on this page.

29.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Information

30.1 Questions about the Terms of Service should be sent to us at data@sendcosolutions.co.uk.

By accepting a quote or making payment on an invoice, the client agrees to be bound by these terms and conditions. SENDCO Solutions reserves the right to update or modify these terms at any time, with such changes becoming effective upon posting on our website or notifying the client in writing. It is the client’s responsibility to review the terms regularly for updates.