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In these Terms the following words shall have the following meanings:
- “Agreement” means the agreement between Us and You governed by these Terms as varied from time to time.
- “Intellectual Property Rights” means copyright, patent, design right (registered or unregistered), service or trade mark (registered or unregistered), database right or other data right, moral right, or know how or any other intellectual property right.
- “Literature” means GetOnSite’s brochures, price lists and advertisements in any type of media.
- “Order” means your written request to Us for Services by submission of a completed application form providing details of a Site.
- “Services” means any and all services supplied by GetOnSite to You.
- “Site” means the construction site or sites detailed by you in the Order and such other sites as you may subsequently notify to us and in respect of which we supply Services
- “Terms” means these terms and conditions of business as varied from time to time.
- “We”, “Us”, “Our” and “GetOnSite” are references to GetOnSite a company incorporated in England and Wales with registered number 9779151 and whose registered office is situated at Culkerton Station, Culkerton, Tetbury, Gloucestershire, GL8 8SS
- “You” and “Your” are references to the individual, company, partnership, or organisation which places an Order.
- The Agreement shall come into existence when you place an Order and it will continue until such time as it is terminated in accordance with these Terms. By submitting an Order You shall be deemed to have accepted these Terms.
- These Terms shall govern the Agreement to the exclusion of all other terms and conditions.
- We reserve the right to vary these Terms from time to time, such variations becoming effective immediately upon being posted on Our website.
- These Terms, together with the Literature and Order, comprise the whole agreement relating to the supply of Services to You by Us. You agree that You have not relied on any representations save insofar as the same have been expressly incorporated in these Terms and You agree that You shall have no remedy in respect of any misrepresentation (other than fraudulent misrepresentation) which has not become a term of these Terms.
- We shall use reasonable care and skill in providing the Services to You.
- We reserve the right to make any changes to the Services described in Our Literature to conform with any applicable statutory requirements or which We deem appropriate to Our sole discretion.
- The Services are provided solely for Your use and shall not be used by any other party without Our written consent.
- We reserve the right to use persons other than Our employees to supply the Services to You.
- You shall provide Us (and our employees, contractors and agents) with all assistance, co-operation, and information required by Us in supplying the Services.
- The price of the Services shall be the price as stated in the Literature and/or the Order.
- Value Added Tax at the prevailing rate shall be added to the price of the Services whether or not stated in the Literature and/or the Order.
- Payment for the Services is due after the expiry of the initial 30 day free trial and must be made in accordance with our approved payment methods
- Where Services are supplied by Us to You under a credit agreement between us, We shall invoice You on or at any time after supply of the Services and unless We otherwise agree in writing payment must be made by You in full within 30 days of the invoice date.
- Upon giving 30 days prior notice to You at any time, We reserve the right to increase the price of the Services to You.
- Without prejudice to any other rights We may have, if You fail to pay the invoice price by the due date (i) You shall pay Us interest calculated in accordance with the provisions of the Late Payment of Commercial Debts (Interest) Act 1998 until the outstanding payment is made in full, and (ii) You shall reimburse Us in respect of all costs and expenses (including legal costs) incurred in the collection of any overdue amount, and (iii) We shall be entitled to cancel the Agreement and/or suspend supply of the
- Time shall be of the essence with respect to payment.
- No refund of any payment made for Services will be given in any circumstances.
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GetOnSite Limited are pleased to supply the goods and/or services referenced on this invoice. If we have agreed specific terms and conditions of supply with you in writing, those terms and conditions apply to this order. Otherwise, the goods and/or services are supplied exclusively in accordance with our standard terms and conditions attached here to.
- We provide warranties and accept liability only to the extent stated in this clause, and any conditions, warranties, or other terms concerning the supply of the Services which might otherwise be implied into or incorporated within these Terms are hereby excluded.
- We do not exclude or restrict Our liability for death and personal injury caused by Our own negligence or any other liability the exclusion of which is prohibited at law.
- In supplying the Services you acknowledge and accept that (i) Our only obligation is to exercise reasonable care and skill in providing the Services, (ii) We shall in no circumstances be liable for any indirect or consequential loss, damages or expenses (including without limitation loss of profits, contracts, business or goodwill) howsoever arising out of any problem, event, action, data loss, or default of Ours, (iii) We cannot warrant or guarantee that the Services will be uninterrupted, and (iv) time shall not be of the essence with respect to the supply of the Services.
- Our maximum aggregate liability to You for any breach or series of breaches of this Agreement and/or any negligence shall in no circumstances exceed twice the amount of fees you have paid to Us for the Services in the 12 months preceding any such breach or negligence.
- You are and remain responsible for ensuring that you comply with all relevant laws and regulations relating to your business, including those relating to health and safety. Our Service is based upon information you supply to us and we accept no liability for any inaccuracy or omission within that information.
- We reserve the right without notice or liability to You to defer the date of performance or to cancel the supply of the Services if We are prevented from or delayed in the carrying on of our business due to circumstance beyond our reasonable control provided that if the event in question endures for a continuous period in excess of 90 days You shall be entitled to give notice in writing to Us to terminate the Agreement.
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- We may at our sole discretion suspend or terminate the Agreement immediately if You commit a material breach of any of Your obligations under the Agreement or if You become insolvent, have an administrative receiver appointed of Your business, make or take steps to make any composition or arrangements with Your creditors, or are compulsorily or voluntarily wound up or cease to threaten to cease trading or We have reasonable grounds to believe that any of those events may occur. We may also terminate the Agreement by giving You no less than one months’ written notice at any time.
- Our termination of the Agreement in accordance with clause 7.1 shall be without prejudice to any other rights available to Us under these Terms. You will be liable to pay us for all charges incurred to the date of termination.
- Subject to clause 7.4, You may only cancel Your Order with our consent which we are entitled to withhold in any circumstances at our sole discretion. We reserve the right to raise a cancellation charge in the event that We consent to Your request to terminate an Order.
- You may terminate the Agreement (i) within 3 months of the date of your Order by giving us no less than 3 months’ notice in writing to expire at any time, or (ii) after 3 months from the date of your Order by giving us no less than 1 months’ notice in writing, or by giving us no less than 1 months’ notice in writing in the event that we give you notice of an increase in the price of the Services pursuant to clause 4.5 above.
- You must give us a minimum of 30 days written notice to terminate the Services in relation to an individual Site. In the event that the Services are required for an individual Site for a fixed period agreed by Us then we will charge you for that fixed period or for 30 days, whichever is the greater.
- In the event you give us notice to terminate the Agreement on the expiry of the initial 30 day free trial of the Services, or at any other time, you must promptly return to us any equipment issued to you at your own expense (such as a CSCS card reader). Any additional equipment or card readers supplied to you at your request will be charged for per Site.
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- You acknowledge that all Intellectual Property Rights in the Services are and shall remain owned respectively by our suppliers and Us and nothing in these Terms purports to transfer, assign, or grant any rights to You in respect of the intellectual Property Rights.
- You agree that You will treat as strictly private and confidential the Agreement and the Services and all information you obtain from the Services.
- You agree that You will not change, amend, remove, alter or modify the Services or any trademark or proprietary marketing in the Services.
- You agree to indemnify us and keep Us indemnified from and hold us on demand harmless from and against all costs, claims, demands, actions, proceedings, liabilities, expenses, damages, or losses (including without limitation consequential losses and loss of profit, and all interest and penalties and legal and other professional costs and expenses) arising out of or in connection with a breach of this clause 10.
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- You are not entitled to assign or novate the Agreement or any part of it without Our prior written consent.
- We may assign the Agreement or any part of it to any person, firm or company.
- You acknowledge that You have read and accepted the terms of our GDPR/Privacy policy and the basis upon which we process personal data..
- The parties to these Terms do not intend that any term of the Agreement shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to these Terms or a permitted assignee.
- Failure or delay by Us in enforcing or partially enforcing an provisions of the Agreement will not be construed as a waiver of any of Our rights under the Agreement.
- Any waiver by Us of any breach of, or any default under, any provision of the Agreement by You will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Agreement.
- If any provision or part of a provision is held to be invalid or unenforceable by any court or other body of competent jurisdiction, that provision or part of that provision shall be deemed severable and the other provisions or the remainder of the relevant provision will continue in full force and effect.
- Unless otherwise stated in these Terms, all notices from You to Us or vice versa must be in writing and sent to Our registered office as stipulated in clause 1.9 above (or such other address as we may notify to You from time to time) or Your address (or email address) as stipulated in the Order.
- You agree not to employ or engage in any capacity any person, firm or company employed or engaged by Us during any part of the term of the Agreement or for 6 months after the end of the Agreement.
- The Agreement shall be governed by and construed in accordance with English and Welsh law and shall be subject to the exclusive jurisdiction of the English courts.
