What these terms cover. These are the terms and conditions (the Terms) on which we supply 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 products to you, how we may change or end the contract and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.
Information about us and how to contact us
Who we are. We are Networking Knowho Ltd a company registered in England and Wales. Our company registration number is 13117715 and our registered office is at 4 Dryburn View, Durham DH1 5AP.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
Placing an order and its acceptance
Placing your order. Please follow the onscreen prompts to place your order for the subscription service you require (the Order). You may only submit an Order using the method set out on our website netkno.co.uk (our Website). Each Order by you is an offer by you to purchase the services specified in the Order subject to these Terms (the Services).
Correcting input errors. Our order process allows you to check and amend any errors before submitting your Order to us. Please check the Order carefully before confirming it. You are responsible for confirming that your Order is complete and accurate.
Acknowledging receipt of your Order. After you place your Order, you will receive an email from us acknowledging that we have received it. Please note, this does not mean that your Order has been accepted. Our acceptance of your Order will take place as described in clause 3.4.
Accepting your Order. Our acceptance of your Order takes place when we send an email to you to accept it, at which point and an on which date (the Commencement Date), a contract between you and us will come into existence (the Contract). These Terms will only relate to those services confirmed in the order confirmation.
If we cannot accept your order. If we are unable to supply you with the Services for any reason, we will inform you of this by email and we will not process your Order. Should payment have been taken for these Services, we will refund you the full amount.
Changes to your order. If you wish to make a change to the Services you have ordered please contact us. We will let you know if this change is possible. If it is possible, we will let you know about any changes to the price of the Services or anything else which would be necessary as a result of your requested change. We will then ask you to confirm whether you wish to go ahead with the change.
Time for performance. We shall during the term of the subscription as stated on your Order, provide the Services to you and subject to the provisions of these Terms. Any performance dates specified to you during the Services are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.
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.
Descriptions. Any descriptions on our Website are published for the sole purchase of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.
Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.
Benefits of the services
As part of our Services, we may provide our opinions and advice to you in respect of a proposed networking strategy.
You acknowledge that:
we express no opinion on matters of fact;
we are not responsible for investigating or verifying the accuracy of our opinions expressed through the Services;
we do not assume any obligation to notify you of future changes in any respect which may affect our opinions expressed through the Services; and
our opinions expressed through the Services are not to be relied on for business operations.
It is your responsibility to ensure that:
you cooperate with us in all matters relating to the Services; and
you provide us with such information as set out in our online questionnaire, and ensure that such information is complete and accurate in all material respects.
Charges and payment
Our prices for providing the Services are quoted on our Website at the time you submit your Order (the Charges). You shall pay the Charges in accordance with this clause 7.
You shall on the Commencement Date provide to us valid, up-to-date and complete credit or debit card details and any other relevant valid, up-to-date and complete contact and billing details. If you provide your credit or debit card details to us, you hereby authorise us to bill such credit card on the Commencement Date for the Charges payable.
If we are unable to take payment in respect of 7.2, you will not be able to access any part of our Services and we shall be under no obligation to provide any or all of the Services until we have received the payment concerned.
All amounts and fees stated or referred to in these Terms:
shall be payable in pounds sterling;
subject to clause 4.2 and clause 12.2, are non-cancellable and non-refundable; and
are exclusive of VAT. Where VAT is payable in respect of some or all of the Services you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges.
Intellectual property rights
All intellectual property rights in or arising out of or in connection with the Services (other than intellectual property rights in any materials that you may provide) will be owned by us.
How we may use your personal information
We will use any personal information you provide to us to:
provide the Services; and
process your payment for the Services.
Limitation of liability
Except as expressly and specifically provided in these terms we shall have no liability whatsoever in relation to your reliance on our opinions expressed through the Services.
Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
death or personal injury caused by negligence; or
fraud or fraudulent misrepresentation.
Subject to clause 10.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
loss of profits;
loss of sales or business;
loss of agreements or contracts;
loss of use or corruption of software, data or information;
loss of or damage to goodwill; and
any indirect or consequential loss.
Subject to clause 10.1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total amount of fees actually paid by you for the Services.
This clause 10 will survive termination of the Contract.
We may be given access to confidential information from each other in order to perform our obligations under these terms. Confidential information shall not be deemed to include information that:
is or becomes publicly known other than through any act or omission of the receiving party;
was in the other party’s lawful possession before the disclosure;
is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or
is independently developed by the receiving party, which independent development can be shown by written evidence.
Subject to clause 11.4, we shall both hold each other’s confidential information in confidence and not make the other’s confidential information available to any third party, or use the other’s confidential information for any purpose other than the implementation of these terms.
We shall both take all reasonably steps to ensure that the other’s confidential information to the relevant party has access is not disclosed or distributed by employees or agents in violation of these terms.
A disclosure of confidential information may be made to the extent such confidential information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction, provided that, to the extent the disclosing party is legally permitted to do so and it gives the other party as much notice of such disclosure as possible and, where notice of disclosure is not prohibited and is given in accordance with this clause 11.4, it takes into account the reasonable request of the other in relation to the content of such disclosure.
Neither you nor us shall be responsible for any loss, destruction of disclosure of confidential information caused by any third party.
You acknowledge that details of the Services constitute our confidential information.
The above provisions of this survive termination of these terms however arising
Term and termination
Term. These terms shall, unless otherwise terminated as provided by this clause 12, commence on the Commencement Date and shall continue for the term as specified in your Order.
Your rights to end the Contract. If you are a consumer then you have 14 days after the Commencement Date to change your mind and cancel the Contract. However, once we have completed the Services you cannot change your mind, even if the period is still running. If you cancel after we have started the Services, you must pay is for the Services provided up until the time you tell us that you have changed your mind.
Tell us you want to end the Contract. To exercise your rights under clause 12.2, please contact us on 07825184525 or email us at [email protected].
Our rights to end the Contract. We may end the contract at any time by writing to you if:
you do not make any payment to us when it is due; and
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, for example, you failing to complete our online questionnaire.
Communications between us
When we refer to “in writing” in these Terms, this includes email.
Any notice or other communication given by one of us to the otherunder or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
A notice or other communication is deemed to have been received:
if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
if sent by email, at 9.00 am the next working day after transmission.
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 email, that such email was sent to the specified email address of the addressee.
The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
Assignment and transfer
We may assign or transfer our rights and obligations under the Contract to another entity.
You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
No partnership or agency. Nothing in these terms is intended to or shall operate to create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between us. Neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.