Trade Terms And Conditions
Terms and Conditions of evergreenenergy.co.uk
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website evergreenenergy.co.uk (site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You may take a copy of these terms and conditions for future reference, however as a sustainable company we do ask that you consider the environment before printing.
- All orders for goods (the “Goods”) to be supplied by Evergreen Energy Ltd (previously ASC Renewables Ltd) or any of its subsidiary companies as the case may be (hereinafter referred to as the “Company”) are subject to these conditions of sale and the placing of an order by a buyer (“the Buyer”) will constitute acceptance of these conditions.
- These conditions may not be modified or varied unless the Company agrees in writing and the Company will not be deemed to accept any other conditions nor waive any of these conditions by failing to object to provisions contained in any purchase order or other communications from the Buyer. No person has authority on behalf of the Company to vary any conditions except by a written variation signed by a director or the company secretary.
VALIDITY OF QUOTATIONS
- Quotations from the Company are stated to be open for such time as may be specified in each such quotation and provided it is not withdrawn by the Company in such period it remains capable of acceptance. No binding contract will be created by the acceptance by the Buyer of the Company’s quotation until notice of such acceptance has been given in a purchase order and has either been signed by the Company’s duly authorised representative or the Company has indicated to the Buyer orally or in writing its acceptance of such order.
- If the Buyer places an order with the Company without requesting a quotation from the Company or before such quotation has been provided, all deliveries carried out in satisfaction of such order will be subject to these conditions.
- Buyers are requested to make purchases via the designated Account Manager through the platforms provided. Buyers wishing to open a credit account are requested to agree to the terms set out within this document. The Proprietor(s), Partner(s) or an authorised employee (if a Limited Company), complete the registration for a trade account. A Credit search will be carried out by the Company. Until a credit account is approved in writing, orders will not be accepted until cleared funds have been received.
- Unless otherwise agreed by the Company in writing, accounts are payable in full prior to delivery of the Goods taking place. If the Buyer has exceeded any agreed credit terms, the Company may demand immediate payment of all amounts outstanding from the Buyer to the Company on any account. The Company reserves the right to withdraw credit at any time and demand immediate payment of all monies outstanding.
- The Company, at its discretion, shall be entitled to exercise its statutory right to claim interest under the Late Payment of Commercial Debts Regulations 2002 5a (1) & (3), as modified or re-enacted from time to time. The Company may exercise this right, in addition to any other rights it may have in respect of Goods or non-payment.
- Where the contract is to be or may be fulfilled in separate instalments, deliveries or parts, payment for each such instalment delivery or part will be made as if the same constituted a separate contract. Failure by the Buyer to pay for an instalment in accordance with this clause will entitle the Company without prejudice to its other rights and remedies to suspend further deliveries of Goods under any other contract to the Buyer, pending payment by the Buyer.
- The Buyer will indemnify the Company against all cost, losses and liability including but not limited to all legal expenses and disbursements incurred by the Company in recovering any amount which is overdue from the Buyer to the Company pursuant of the Agreement or otherwise.
- Unless otherwise agreed in writing all orders are executed subject to prices and any relevant discounts ruling at the date of receipt of the order and any price list of the Company whether published or not will not affect the right of the Company to charge for Goods in accordance with this clause. All prices are subject to the addition of Value Added Tax at the appropriate rate.
- In the event of termination, variation or suspension of a contract on the Buyer’s instruction or by lack of instruction, the contract price will be adjusted to reflect the additional costs incurred by the Company. Where a price per unit has been quoted and the Buyers requires a smaller number of units to be delivered than those quoted for, the Company reserves the right to adjust the rates of prices applicable thereto.
- Any contract will be subject to the Company being satisfied as to the Buyer’s credit worthiness and without prejudice to the generality of the foregoing the Company may in its absolute discretion, having informed the Buyer that the Goods are ready for delivery, refrain from delivering the Goods until such time as the Buyer tenders the purchase money to the Company in a form satisfactory to the Company.
- The Buyer may place orders on the Company website or by post, fax, e-mail or telephone.
- Where orders are sent by post fax or e-mail or in confirmation of telephone instructions, the Buyer will ensure they are clearly marked as such, failing which any additional expense incurred by the Company as a result of duplication of orders will be charged to the Buyer.
- Delivery dates (if any) given by the Company are given in good faith to indicate estimated delivery times but will not amount to any contractual obligation to deliver at the times stated. The Company will not be liable for any loss including (but not limited to) loss of profit, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company’s negligence) nor unless any delay exceeds 180 days will such delay entitle the Buyer to terminate or rescind the contract.
- Failure by the Company to deliver any one or more (but not all) instalments in accordance with this contact will not entitle the Buyer to treat this contract as repudiated.
- If the Buyer fails to take delivery of any of the Goods when they are ready for delivery, or fails to provide any instructions or authorisations required to enable Goods to be delivered on time the Goods will be deemed to have been delivered and (without prejudice to its other rights) the Company may:-
17.1 – store the Goods until actual delivery or sale and charge the Buyer for all related costs and expenses (including, without limitation, storage and insurance);
17.2 – following written notice to the Buyer, sell any of the Goods at the best price reasonably obtainable in the circumstances and charge the Buyer for any shortfall below the price agreed with the Buyer.
PASSING OF TITLE/RISK
- Risk of damage to or loss of the Goods will pass to the Buyer upon delivery.
- Ownership of the Goods will not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of the Goods and all other sums which are or which become due to the Company from the Buyer on any account.
- Until ownership of the Goods has passed to the Buyer, the Buyer must:
20.1 hold the Goods on a fiduciary basis as the Company’s Bailee;
20.2 store the Goods (at its own cost) separately from all other goods of the Buyer or any third party so that they are identifiable as the Company’s property;
20.3 not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods;
20.4 maintain the Goods in satisfactory condition insured on the Company’s behalf for their full price against all risks to the reasonable satisfaction of the Company. On request the Buyer will produce evidence of the policy of insurance to the Company; and
20.5 hold any proceeds of such insurance on trust for the Company separately from any other money, and not pay the proceeds into an overdrawn bank account.
- The Buyer may resell the Goods before ownership has passed to it provided such sale is:
21.1 in the ordinary course of the Buyer’s business at full market value and the Buyer will account to the Company accordingly; and
21.2 on the Buyer’s own behalf and the Buyer deals as principal when making such sale.
- If the Company cannot determine which goods are the Goods, the Buyer will be deemed to have sold all goods sold by the Company to the Buyer in the order which they were invoiced to the Buyer.
- The Company will be entitled to recover payment for the Goods notwithstanding that ownership of any Goods has not passed from the Company.
- The Buyer grants the Company, its agents and employees an irrevocable license at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Buyer’s right to possession has terminated, to recover them.
- The cost of 1-3-day delivery to a single address within mainland UK on orders over £100 exc. VAT is subsidised by The Company and charged at £2.50/£4.50 inclusive of UK VAT. All orders for Next Day service must be placed by 1330pm on date of order to quality for Next Day service and will be delivered the next working day thereon or the following day after if 1330pm deadline has passed. Saturdays and Sundays and Bank Holidays are not applicable to any delivery service we offer. Some of the Products may not be stocked so availability of Next Day service would have to be checked with the Company.
DAMAGE IN TRANSIT AND SHORTAGES
- The Company will repair or replace free of charge, Goods damaged in transit provided that the Company and its designated carriers receive written notification of such damage within three days of delivery. Goods received in a damaged or unsatisfactory condition must be signed for as such.
- On receipt Goods should be checked by the Buyer with the advice note enclosed with the Goods. Shortage claims or mis-picks will be considered if the Company and its designated carriers receive written notification of any such shortage within 3 days of delivery failing which no liability will be admitted. In any such case, the packaging and contents should be retained for inspection.
28.1 Goods correctly supplied may be returned (at the Buyer’s expense) without the Company’s written agreement within 30 days of purchase date. Goods so returned must be consigned carriage paid and accompanied by a Returns Form stating the recipients invoice/order number and date thereof together with the reason for return.
28.2 Goods supplied in error returned for exchange will be shipped to back to the buyer at the Company’s expense.
28.3 Goods returned due to mis-pick, damage or failure should be sent Royal Mail 2nd Class Recorded Delivery as we will not reimburse any other method of shipment.
28.4 Goods returned outside of the 30-day return period must be in a resalable condition and may be charged a 15% restocking fee. The Customer will only be offered credit or exchange. No refunds will be offered. A delivery charge may be applicable.
28.5 Goods returned that do not include their original packaging will not be accepted under any circumstances.
28.6 Goods returned within 30 days of purchase including their original packaging must be in perfect operational condition and may be charged a 15% restocking fee. A credit or exchange will be offered. A delivery charge may be applicable.
28.7 Any Goods returned to the Company inside of 14 days of purchase will be reimbursed the cost of Basic Delivery.
28.8 Any Goods returned to the Company that were not originally purchased from the Company will be made available for redelivery at sender’s expense for 7 days after delivery. The Company will not and does not take responsibility for any goods that are not theirs on their premises. After 7 days the goods will be destroyed.
28.9. If you return goods that don’t adhere to our returns procedure or don’t include a returns form, you may be liable for a £10 administration fee
- If the Goods (or any of them) are returned and are subsequently lost in transit the Company will only issue credit if it can be conclusively proved that the Company or its agents have actually removed the Goods from the Buyer’s premises.
DESCRIPTIVE MATTER, SPECIFICATIONS AND ILLUSTRATIONS
- All descriptive and forwarding specifications, drawings and particulars of weights and dimensions issued by the Company are approximate only and intended only to present a general idea of the goods to which they refer and will not form part of the contract. All particulars are provided by the manufacturer.
- The Company’s policy is one of continuous improvement and it reserves the right to make reasonable changes to product specifications at its discretion. When placing an order with the Company, the Buyer must satisfy himself that the Company’s then current specification of all the Goods is appropriate for its (or its customer’s) requirements.
LIMITATIONS OF LIABILITY
- Nothing in these terms and conditions excludes or limits the liability of the Company for death or personal injury caused by the Company’s negligence or fraudulent misrepresentation, or the conditions as to title implied by section 12 of the Sale of Goods Act 1979 as amended from time to time.
- Any quotation includes only such Goods accessories and work in the quantities and to the specifications, which are stated therein.
- The Company’s total liability in contract tort (including negligence or breach of statutory duty) misrepresentation or otherwise, arising in connection with the performance of this contract will be limited to the price agreed for the Goods.
- The Company will not be liable to the Buyer by reason of any representation or any implied warranty, condition or other term, or any duty at law or under the express terms of contract for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation (whether caused by the negligence of the Company, its employees, agents or subcontractors) which arise out of or in connection with this contract.
VALUE ADDED TAX
- Where chargeable Value Added Tax will be charged at the rate applicable at the date the Goods are dispatched.
- Unless otherwise agreed by the Company in writing, these conditions will in all respects be construed and operate as an English contract, inconformity with English Law, and the parties submit to the exclusive jurisdiction of the English courts.
- Any provision of this contract which is held by any competent authority to be invalid, void, voidable, unenforceable or unreasonable (in whole or part) will to the extent of such invalidity, voidance, unenforceability or unreasonableness be deemed severable and the other provisions of this contact and the remainder of such provisions will not be affected.
- Failure by the Company to enforce or partially enforce any provision of this contract will not be construed as a waiver of any rights under this contract.
- Any samples submitted to the Buyer at the Buyer’s request must be returned to the Company in good condition within ninety days of receipt or such shorter period as the Company may specify. The Company may charge the market value of all samples not so returned. Such market value will be the market value on the date when the sample was due to be returned.
CANCELLATION OF AN ORDER
- Your right to cancel an order for goods starts the moment you place your order and ends 14 days from the day you receive your goods. Any Orders cancelled and Goods returned to The Company inside of 14 days of purchase will be reimbursed the cost of Basic Delivery £2.50 (Cost calculated 08/02/2016).
- A buyer requiring Goods from a quality assured source or certificates of conformity must specify its requirements in writing at the time of placing the order.
- The Company will not be liable to the Buyer in any matter or be deemed to be in breach of this contract because of any delay in performing or any failure to perform any of the Company’s obligations under this contract if the delay or failure was due to any cause beyond the Company’s reasonable control.
- Without prejudice to the generality of condition 44 the following will be included as causes beyond the Company’s reasonable control:
44.1 governmental actions, war, threat of war, national emergency, riot, civil disturbance, sabotage or requisition;
44.2 Act of God, fire, explosion, flood, epidemic or accident;
44.3 Import or export regulations or embargoes;
44.4 Labour disputes not including disputes involving the Company’s work-force; or
44.5 Inability to obtain or delay in obtaining supplies of adequate or suitable material, fuel, parts, machinery or labour.
- It is prohibited for anyone to use any device or software program to directly or indirectly interface, or attempt to interface with this website, to retrieve content, and or any other data, including prices. It is also prohibited to interfere, or attempt to interfere with the normal working of this website, any activity that we consider places undue load or stress on our systems will be terminated. We constantly monitor everyone accessing our website, and any automated systems, or persons conducting an unreasonable amount of searches, with an aim to access information and/or prices will be terminated, and the blocked from our websites. Your use of the website indicates your agreement to be bound by these Conditions of Use.
- Goods bought from promotional offers that are offered as clearance or end of line will be refundable at the sale price only. If the item is no longer stocked by the company, there will be no material replacement. Credit can be issued against a replacement product.
- The Company will not be responsible for the compatibility of products bought from our websites with the compatibility of products not bought from our websites.
PROMOTIONAL VOUCHER CODES
47.1 Promotional voucher codes cannot be exchanged for cash.
47.2 No liability will be accepted for the replacement or refund of lost, stolen or expired promotional voucher codes.
47.3 Individual promotional voucher codes cannot be used in conjunction with any other offer.
47.4 Only one promotional voucher code can be used per order.
47.5 Promotional voucher codes are only redeemable through the Buyer’s designated Account Manager.
47.6 Promotional codes are not valid on Bundle item products
GENERAL PROMOTIONAL TERMS
48.1 The decisions of The Company in respect of any and all aspects of a promotion will be final and binding.
48.2 Promotions may not be combined with other programmes or offers from The Company except where stated in their terms and conditions.
48.3 The Company reserve the right to refuse any application of promotions for any reason whatsoever.
Services Terms and Conditions
This page together with the documents expressly referred to on it tells you information about us and the legal terms and conditions (“Terms”) on which we sell any of the services (“Services”) listed on our websites to you.
These Terms will apply to any contract between us for the provision of Services to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before subscribing for any Services from our Sites (defined below). Please note that before subscribing for our services you will be asked to agree to these Terms.
Please click on the button marked “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to subscribe to any of the Services from our Sites.
We may amend these Terms from time to time as set out in clause 5.
You (“You”, “Your”), confirm that you are acting in the course of a trade, business or profession.
These Terms, and any Contract between us, are only in the English language.
1 INFORMATION ABOUT US
We operate the website www.evergreenenergy.co.uk, www.easy-mcs.com and supporting websites www.mcsaccredited.com, www.mcssupport.co.uk, www.mcsseminars.com and www.easymcsacademy.com as well as www.greendealcertified.com, www.greendeal-academy.com and www.greendeal-support.com (the “Sites”). We are Qualitick™ Limited trading as Evergreen Energy (“We”, “Our” “Us”), a company registered in England and Wales under company number 7130108 and with our registered office at The Edge Business Centre, The Edge, Manchester, M3 5NA.
2 PROVIDING SERVICES
2.1 We will supply the Services to you from the date you subscribe for Services either by telephone or on our Sites for a period of 12 months (“Term”) after which the Contract with Us will automatically renew for another Term unless you provide us with written notice to terminate the Contract at least 30 days prior to end of the Term (“Termination”). Such termination shall take effect at the end of the Term.
2.2 On Termination You are not entitled to any refund from Us.
2.3 We will not be liable for any delay or non-performance where you have not provided any information that we have requested after we have asked for it.
2.4 We may have to suspend the Services if We have to deal with technical problems, or to make improvements to the Services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency.
2.5 If you do not pay Us for the Services when you are supposed to as set out in clause 3, We may suspend the Services with immediate effect until you have paid Us the outstanding amounts. We will contact you to tell you this.
3 PRICE AND PAYMENT
3.1 Applications can be completed online or by telephone. In line with compliance regulations from the PCI Security Council, We do not accept application forms via email, post or fax.
3.2 The price of the Services will be communicated to you when you sign up to receive the Services. Our prices may change at any time, but price changes will not affect orders for Services that you have already made payment for.
3.3 These prices exclude VAT although VAT is charged. If the rate of VAT changes between the date of the Order and the date of performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
3.4 We will take payment annually in advance for the Services. We accept payment by debit or credit card. By providing Your credit or debit card details, you authorise us to take payment from the associated account and to enter into a continuous payment authority. Under that authority, You agree that We may take payment for the Price from time to time as agreed. Information regarding continuous payment authorities is annexed to these terms and conditions in a document entitled “Continuous Payment Authority Information”. Please read this document carefully before entering into the Contract.
4 COOLING OFF PERIOD
4.1 Subject to clause 4.2 our Services are subject to a standard 7 working day cooling off period if you change your mind or for any other reason you decide you do not want to use the Services, you can notify us of your decision to cancel the Contract and receive a refund.
4.2 However, this cancellation right does not apply if:
4.2.1 the Services have been used by You in any capacity;
4.2.2 if training materials have been dispatched to You; or
4.2.3 if a training course is less than 3 weeks away from the date you contact us to cancel the Contract pursuant to clause 4.4.
4.3 Your right to cancel the Contract for Services starts from the date payment is taken by Us for provision of the Services.
4.4 To cancel a contract for Services, please contact us in writing to tell us by sending an e-mail to email@example.com or by sending a letter to Easy MCS, Viscount House, River Lane, Chester, CH4 8RH. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
4.5 You will receive a full refund of the price you paid for the Services. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 4.4.
4.6 We refund you on the credit card or debit card used by you to pay.
5 OUR RIGHT TO VARY THESE TERMS
5.1 We may revise these Terms from time to time in the following circumstances:
5.1.1 changes in how we accept payment from you; and
5.1.2 changes in relevant laws and regulatory requirements.
5.2 Every time you subscribe for Services from us, the Terms in force at that time will apply to the Contract between you and us.
5.3 Any changes we may make to our policies in the future will be posted on this page. Please check back frequently to see any updates or changes to our Terms.
6 INFORMATION WE MAY COLLECT FROM YOU
6.1 We may collect and process the following data about you:
6.1.1 Information you give us. You may give us information about you by filling in forms on our Sites or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our Sites, subscribe to our services, and when you report a problem with our Sites. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph.
6.1.2 Information we collect about you. With regard to each of your visits to our Sites we may automatically collect the following information:
188.8.131.52 technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
184.108.40.206 information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our Sites (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
8 USES MADE OF THE INFORMATION
8.1 We use information held about you in the following ways:
8.1.1 Information you give to us. We will use this information:
220.127.116.11 to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
18.104.22.168 to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
22.214.171.124 to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please contact us in writing with such request;
126.96.36.199 to notify you about changes to our service; and
188.8.131.52 to ensure that content from our Sites is presented in the most effective manner for you and for your computer.
8.1.2 Information we collect about you. We will use this information:
184.108.40.206 to administer our Sites and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
220.127.116.11 to improve our Sites to ensure that content is presented in the most effective manner for you and for your computer;
18.104.22.168 to allow you to participate in interactive features of our service, when you choose to do so;
22.214.171.124 as part of our efforts to keep our Sites safe and secure;
126.96.36.199 to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
188.8.131.52 to make suggestions and recommendations to you and other users of our Sites about goods or services that may interest you or them.
9 DISCLOSURE OF YOUR INFORMATION
9.1 We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
- We will include your information on our Sites so that we can advertise and promote businesses in specified categories of trade in specified geographical areas.
- We reserve the right to reject, remove and/or amend advertisements text graphics or other material submitted for inclusion on the Sites which in our opinion is obscene, defamatory, infringes the copyright or other rights of any third party, or which is illegal or does not meet our standards.
- We do not make any representation or endorsement of the creditworthiness or value of any visitor to the Sites who contacts you as a result of your entry on the Sites.
- We accept no liability for any transactions which take place between you and visitors to the Sites nor do we accept any responsibility or liability for any loss suffered by you or by any of your customers or any other person arising out of your entry on the Sites, howsoever caused.
- You agree to indemnify us for any loss we suffer as a result of any action brought against us as a result of your entry on the Sites, the material contained therein or any service or product supplied by you. We do not accept any liability for any feedback posted on the Sites from people who engage you through the Sites.
9.3 We may share your information with selected third parties including:
9.3.1 Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you;
9.3.2 Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others;
9.3.3 Analytics and search engine providers that assist us in the improvement and optimisation of our Sites.
9.4 We may disclose your personal information to third parties:
9.4.1 In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
9.4.2 If we are under a duty to disclose or share your personal data in order to comply with any legal obligation.
10.1 We will be seeking feedback and references from people who engage you through the Sites.
10.2 We reserve the right to call any customer who has submitted a questionnaire to confirm the authenticity of their feedback.
11 YOUR RIGHTS
11.1 You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at the address detailed above.
11.2 Our Sites may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
12 ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
13 CHANGES TO OUR SITES
13.1 We may update our Sites from time to time, and may change the content at any time. However, please note that any of the content on our Sites may be out of date at any given time, and we are under no obligation to update it.
13.2 We do not guarantee that our Sites, or any content on them, will be free from errors or omissions.
14 ACCESSING OUR SITES
14.1 We do not guarantee that our Sites, or any content on them, will always be available or be uninterrupted. Access to our Sites is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Sites without notice. We will not be liable to you if for any reason our Sites are unavailable at any time or for any period.
14.2 You are responsible for making all arrangements necessary for you to have access to our Sites.
15 YOUR ACCOUNT AND PASSWORD
15.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
15.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
16 INTELLECTUAL PROPERTY RIGHTS
16.1 We are the owner or the licensee of all intellectual property rights in our Sites, in the material published on it and in the Services. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
16.2 You may print off one copy, and may download extracts, of any page(s) from our Sites for your personal use and you may draw the attention of others within your organisation to content posted on our Sites.
16.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
16.4 Our status (and that of any identified contributors) as the authors of content on our Sites must always be acknowledged.
16.5 You must not use any part of the content on our Sites for commercial purposes without obtaining a licence to do so from us or our licensors.
16.6 If you print off, copy or download any part of our Sites in breach of these Terms, your right to use our Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
17 LIMITATION OF OUR LIABILITY
17.1 Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
17.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Services and Sites or any content on them, whether express or implied.
17.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
17.3.1 use of, or inability to use, our Sites; or
17.3.2 use of the Services; or
17.3.3 use of or reliance on any content displayed on our Sites.
17.4 If you are a business user, please note that in particular, we will not be liable for:
17.4.1 loss of profits, sales, business, or revenue;
17.4.2 business interruption;
17.4.3 loss of anticipated savings;
17.4.4 loss of business opportunity, goodwill or reputation; or
17.4.5 any indirect or consequential loss or damage.
17.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Sites or to your downloading of any content on it, or on any website linked to it.
17.6 We assume no responsibility for the content of websites linked on our Sites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
18.1 We do not guarantee that our Sites will be secure or free from bugs or viruses.
18.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our Sites. You should use your own virus protection software.
18.3 You must not misuse our Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Sites, the server on which our Sites are stored or any server, computer or database connected to our Sites. You must not attack our Sites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Sites will cease immediately.
19 OTHER IMPORTANT TERMS
19.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
19.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
19.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.5 If we fail to insist that you perform any of your obligations under these Terms, 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 and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19.6 These Terms are governed by English law. This means a Contract for the purchase of Services through our Sites or by telephone and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
19.7 Any software (“Software”) that is offered by us to you which is provided by any third party or affiliate company of Qualitick Limited T/A Evergreen Energy has not been independently verified us. Whilst such Software has been offered to our customers in good faith, no representation or warranty, express or implied, is or will be made by us and no responsibility or liability is or will be accepted by us in respect of your use of any such Software and any such liability is expressly disclaimed.
Continuous Payment Authority Information
1.This document adopts the definitions set out in the Terms.
2.You have agreed to pay the Price to Us using Your credit or debit card. By providing Us with Your credit or debit card details, You agree that We may deduct the Price from the card’s associated credit or bank account from time to time, as agreed.
3.We will deduct payment of the Price on the date that You provide payment details and thereafter annually on the Renewal Date.
4.We will write to You 30 days before the Renewal Date to notify You that payment will be taken.
5.The transactions will appear on your account statements with the name Easy MCS.
6.In the event that the Price changes, and We require any additional payment from You, We will write to You and inform You of the changes at least 30 days before We take the additional payment under the continuous payment authority.
7.You are entitled to cancel the continuous payment authority at any time. You may cancel by notifying us in writing, by email or by telephone that You no longer consent to the continuous payment authority. We will aim to respond to Your cancellation request within 7 days of receipt. We will not charge You a fee for cancelling the continuous payment authority.
8.Upon receipt of notice of cancellation of the continuous payment authority by You, We will no longer be entitled to take payment from Your account.
9.You may also cancel the continuous payment authority by notifying Your bank or credit provider of your wish to cancel. From the date upon which You notify Your bank or credit provider, We will no longer be entitled to take payment from Your account.
10.Please note that cancellation of the continuous payment authority does not relieve You of Your contractual liabilities under the Contract. In the event that You cancel the continuous payment authority, but You owe sums to Us under the Terms of the Contract, We shall be entitled to payment from You by other means.
If you decide to terminate your support with us at the end of your 12 month period, your online dashboard and access to all Software will become inactive. Prior to the termination date you may extract any data you have inputted or wish to retain. If you have been unable to extract the data prior to your support ending, an additional 7 days may be granted by us upon request for this purpose only, however after this 7 day period has expired no further access to your online dashboard or the Software will be permitted.