Terms and Conditions of Business IMPORTANT NOTE: These Terms and Conditions apply to all services ordered from or provided to you by Business In London ("we/us") and by requesting services from us you agree that these Terms and Conditions shall apply to those services and your order.
1. DEFINITIONS AND INTERPRETATION
1.1. IN THESE CONDITIONS, THE FOLLOWING DEFINITIONS APPLY Benefits: means the benefits made available to Clients and Members by the Business In London. Client: means the business or persons requiring and/or using the services of the Business In London. Client Contract: means the contract of Services agreed between the Client and the Business In London. Conditions: these Terms & Conditions as amended from time to time. Member: a person registered as a member of the Business In London Service. Membership: means membership of the Business In London Service. Membership Fees: means the fees payable in respect of Membership notified to Members upon application for and prior to renewal of Membership. Website: means the website located at www.business-in-london.com Request: means a request for Services placed by a Client or Member with the Business In London Service. In respect of the Business In London PA, a Request means the PA Service agreed on an hourly, daily, weekly or monthly basis. Services: means the services described on the Website through Business In London Service . Supplier: means a supplier engaged by Business In London Service on behalf of and as agent for a Member to provide goods and/or services to that Member.
1.2. IN THESE CONDITIONS, THE FOLLOWING RULES APPLY: a. Person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality). b. A reference to a party includes its personal representatives, successors or permitted assigns.
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c. A reference to a statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted. d. Any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and e. A references to writing or written includes e-mails
2. MEMBERSHIP APPLICATIONS
2.1. Details of the Business In London Service are set out on our Website at www.business-in-london.com.
2.2. You are obliged to provide correct personal details when you apply for Membership. Failure to do so may invalidate your Membership and any subsequent transactions. Your responsibility to provide accurate information is a continuing obligation and you must notify us promptly in the event that any information provided by you in connection with your Membership changes.
2.3. We will issue you with a Membership Number together with associated Membership documentation as soon as possible following receipt of your Membership Fee.
2.4. Your membership is personal to you. You are responsible for ensuring that no one uses your Membership.
2.5. We will ensure that your data is treated securely and in accordance with the Business In London Service Privacy Policy. Please note that all information you provide to us is stored on our secure servers.
2.6. You must notify the Business In London Service immediately by e-mail at info@business-in-london.com of any changes.
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3. MEMBERSHIP FEES, UPGRADES, CANCELLATIONS AND RENEWALS
3.1. For the first year of your Membership, Membership Fees payable shall be confirmed to you prior to acceptance of your Membership application. The first monthly or annual Membership Fee shall be payable in full upon acceptance of your Membership application and in respect of monthly Membership, subsequent Fees will be payable in advance. Any increase or decrease to the Membership Fees for subsequent years of Membership will be notified to all Members in advance of their Renewal Dates.
3.2. Subject to Clause 3.3, Membership Fees are non-refundable.
3.3. We reserve the absolute right to cancel or suspend your Membership (at our sole discretion) for any reason whatsoever. If we cancel your Membership, we may (at our sole discretion) refund the balance of the current month or annual Membership Fee on a pro-rata basis in respect of the unexpired period to which the monthly or annual Membership Fee relates.
3.4. Membership Fees are due on acceptance of your Membership applications and monthly or annually thereafter. All Memberships are reviewed on an annual basis (the "Renewal Date") and monthly and annual payment must be made to us by BACS transfer to the account on the application form.
3.5. If you do not wish to renew your Membership you must notify us at least 30 days prior to your Renewal Date.
3.6. If a Membership is allowed to lapse for over 30 days, we reserve the right to cancel the Membership.
3.7. We reserve the right to refuse to provide the Services should any payment due under these Conditions not be received.
3.8. If, during the course of your current Membership you wish to upgrade your Membership to a higher level of Membership based on your usage of the Services,
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the difference in price between the two categories of Membership will be payable on a pro-rata basis.
4. BUSINESS IN LONDON PA FEES
4.1. All invoices issued by or on behalf of Business In London Service in respect of personal assistant services ( " Business In London Services") are payable within 7 days of the date of the invoice and shall be paid by bank transfer. For Clients who have an agreed monthly rate, invoices will be issued on a monthly basis and will be due immediately by bank transfer.
4.2. Pre-paid work hours or days are non-refundable in the case of non-use. In exceptional cases, Business In London PA may at its entire discretion agree to "roll- over" non-used days into the following month upon special request subject to availability of the Business In London PA.
4.3. Ad-hoc hours requested by the Client outside of the hours agreed will be billed by us in increments of 60 minutes.
5. SUPPLY OF BUSINESS IN LONDON PA SERVICES
5.1. We shall supply the Services to the Client and/or Member in accordance with the relevant Request provided that we shall not be required to provide or facilitate supply of goods and/or services that we deems at our sole discretion may violate applicable laws, standards and/or regulations or may offend taste and decency in the relevant jurisdiction.
5.2. We shall use our best endeavours to meet any performance dates and/or times specified, but any such dates and/or times shall be estimates only and time shall not be of the essence for performance of the Services.
5.3. We shall have the right to make any changes to the Services or Requests which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services and Business In London PA Service shall notify the Client and/or Member in any such event.
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5.4. Outside normal business hours (or as may otherwise be required from time to time), Client and/or Member queries and/or Requests may be routed to an alternative Business In London PA for assistance.
5.5. We shall provide the Services using reasonable care and skill and, as far as reasonably possible, in accordance with your Request and reasonable instructions from time to time.
5.6. We may at your request purchase non-standard office supplies or services on your behalf. In any event that we act as a credit agent in this regard, we will issue an extra invoice receipt for immediate payment so that we can proceed with your request.
5.7. Bulk printing, binding, invitation printing and other non-standard requirements where it has been necessary to out-source will be agreed prior to out-sourcing and will be billed separately with invoices attached for immediate payment.
5.8. Additional costs incurred by us such as travel over and above travel to the Client and/or Members home or business required in carrying out any Request, postage, couriers, telephone calls will be charged extra.
6. SUPPLIERS
6.1. Suppliers are responsible for providing you with the services, products and Benefits you Request us to order on your behalf from time to time. The Business In London Service shall communicate with Suppliers on your behalf unless it is more appropriate for you to contact the Supplier directly.
6.2. Suppliers may impose their own terms and conditions, which, in every case apply to the supply of goods and/or services by that Supplier to you, and such terms and conditions shall be binding upon you at the time of order.
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6.3. Unless otherwise agreed by the Supplier, you shall not be entitled to cancel any services requested where, on your instructions, supply of the order has already begun.
6.4. You acknowledge that the Benefits are subject to availability and may change from time to time without notice.
6.5. If the Business In London Service's performance of any of its obligations under these Conditions is prevented or delayed by any act or omission by the Client and/or Member or failure by the Client and/or Member to perform any relevant obligation ("Member Default"): a. The Business In London Service shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Client and/or Member remedies the Member Default, and to rely on the Member Default to relieve it from the performance of any of its obligations to the extent the Member Default prevents or delays the Business In London Service of any of its obligations. b. The Business In London Service shall not be liable for any costs or losses sustained or incurred by the Client and/or Member arising directly or indirectly from the Business In London Service's failure or delay to perform any of its obligations; and c. The Client and/or Member shall reimburse the Business In London Service on written demand for any costs or losses sustained or incurred by the Business In London Service arising directly or indirectly from the Member Default.
7. LIMITATION OF LIABILITY
7.1. Nothing in these Conditions shall limit or exclude the Business In London Service's liability for: a. death or personal injury caused by its negligence, or the negligence of its Suppliers b. fraud or fraudulent misrepresentation; or c. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982. 7.2. Subject to clause 7.1:
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a. The Business In London Service shall not be liable to the Client and/or Member, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss or profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods; or, loss of contract, or loss of use or, loss of corruption of data or information whether direct or indirect or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses arising under or in connection with the Membership or the provision of Services. b. The Business In London Service's total liability to the Client and/or Member in respect of all other losses arising under or in connection with the Membership or the provision of Services, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall be limited to the total value of the Client's hourly agreement or monthly Membership Fee. 7.3. Your contract for the supply of products or services is made with the relevant Supplier only. The Business In London Service acts as an agent for the Supplier and, unless expressly provided otherwise, all your rights and remedies are against the Supplier.
7.4. You acknowledge that any contract entered into by you with any Supplier is an independent contract. The Business In London Service hereby disclaims any and all liability for any act or omission of any Supplier whether or not arranged through the Business In London Service.
7.5. The Business In London Service shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from Requests or any instructions supplied by you which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival, or any Member Default.
7.6. The Business In London Service shall not be liable to you or be deemed to be in breach of these Conditions by reason of any delay in performing, or any failure to perform, any of the Business In London Service's obligations in relation to the Services, if the delay or failure was due to any cause beyond the Business In London Service's reasonable control.
7.7. Except as expressly 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 these Conditions.
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8. COMMENCEMENT AND TERMINATION These Conditions shall take effect and be binding upon the Client and/or Member and the Business In London Service upon acceptance by the Business In London Service of a Client Contract or Membership Applications. These Conditions shall be applicable for the duration of the provision of Services through the Client Contract of the Business In London and the duration of your Membership and shall only cease to have effect upon the expiry or termination of your Client Contract or Membership. You agree that your only rights and remedies under these Conditions shall be against the Business In London Service and no other entity.
9. GENERAL
9.1. Privacy and Data Protection. The Services and your Membership are subject to the Business In London Service's Privacy Policy, incorporated into these Conditions which applies at all times in relation to any data that we collect from you.
9.2. Assignment and subcontracting: a. The Business In London Service may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under these Conditions and may subcontract or delegate in any manner any or all of its obligations under these Conditions to any third party or agent.
b. The Client and/or Member shall not, without the prior written consent of the Business In London Service, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights of obligations under these Conditions. 9.3. Waiver: a. A waiver of any right under these Conditions is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. b. Unless specifically provided otherwise, rights arising under these Conditions are cumulative and do not exclude rights provided by law. 9.4. Severance:
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a. If a court of any other competent authority finds that any provision of these Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of these Conditions shall not be affected. b. If any invalid, unenforceable or illegal provision of these Conditions would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable. 9.5. Changes: We may update these Conditions from time to time and will notify such changes to you. 9.6. Applicable law: These terms are governed by English law. This means a Contract for the purchase of products or Services through our Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.