| TERMS
& CONDITIONS OF BUSINESS |
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These
Terms and Conditions govern your use of the 4 Health Ltd website (www.4-health.biz)
and your relationship with 4 Health Ltd (4 Health Ltd, we or us).
Please read them carefully as they affect your rights and liabilities
under the law. If you do not agree to these Terms and Conditions, please
do not register for or use the 4 Health Ltd site. Please note that to use
any of the value added services provided to users of the 4-health.biz
Site, you are required to register as an authorised user on the site. |
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1.0 |
Definitions
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In these conditions “the
company” means 4 health Ltd and “the client”
means the person to whom this document is addressed. |
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2.0
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Conditions |
These conditions shall
form the basis of the contract between the company and the client.
Notwithstanding anything to the contrary in the clients’ standard conditions
of purchase, these conditions shall apply except as far as expressly agreed
in writing by the company. |
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2.1 |
No servant or agent of the company has the power
to vary these conditions orally, or to make representations or promises
about the effectiveness of our service, their fitness for any purpose or any
other matter whatsoever. |
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3.0
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Order
Acceptance |
Unless otherwise expressly
stated in writing, all quotations and estimates by the company are
invitations to treat. The client order is an offer and will be binding upon
the company posting its confirmation of the order. A confirmed order may
only be cancelled or varied with the company’s consent; the giving of the
company’s consent shall not in any way prejudice the company’s right to
recover from the client full compensation for any loss or expense arising
from such cancellation or variation. |
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4.0
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Guarantee |
The company shall carry
out a thorough evaluation of the services within a reasonable time after
their delivery and shall give a written report of outcomes and effectiveness
to the client. Subject to compliance with
the above obligation, which shall be a condition precedent to the company’s
liability, the company will make good any non conformity in the company’s
services which fail to meet agreed objectives. |
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4.1 |
In case of subcontracted
services supplied by the company as part of a contract or order the company
will assign to the client its rights against its subcontractor and these
rights shall be taken in extinction of and substitution for any rights which
the client would otherwise have had against the company. |
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4.2 |
The liability of the
company under this guarantee and for any other failure to carry out the
services with reasonable skill and care or failure to carry out the services
at the agreed time, shall be limited for each claim or related claims to the
invoice value of the services in dispute and the company shall not be liable
for any direct or consequential loss or damage howsoever caused. It shall
be the duty of the client to insure against such consequential loss and to
hold the company harmless therefore. |
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5.0
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Delivery |
Unless otherwise stated
all quotations and estimates assume delivery of the service on premises
chosen by the company. The client will be responsible for meeting the cost
of other venues. The company reserves the
right to change venues to a venue within a reasonable distance of the
original venue or the speaker at short notice without liability, if, in the
reasonable opinion of the company, the changes do not materially affect the
agreed objectives, any liability of the company for any other change shall
not exceed the invoice value of the service in question. |
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6.0
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Cost
Variations |
All quotations and
estimates issued by the company are, unless otherwise stated, based on
current cost of delivery of this service (materials, hours and wages) and
are subject to amendment on or after acceptance to meet any recognised rise
or fall in such cost. |
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7.0
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Taxes and Levies |
Any variation to prices
quoted as a result of government taxes and levies will be for the clients
account. Prices are exclusive of VAT. |
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8.0
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Design |
All course materials
remain the property of the company until the services have been paid in
full. However, all intellectual property rights in the materials remain the
company’s property unless contractually stated otherwise and the client
shall not copy or reproduce any part of the materials. In any event, the
company reserves the right to reuse any original material designed by the
company at any future date and in any context. |
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9.0
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Terms of
Sale |
The client shall pay
strictly net 30 days after the date of invoice and shall pay interest on
overdue accounts of 4 per cent above Standard Bank base rate, accruing
daily. If the client shall fail to pay promptly, he shall lose the benefit
of any previously agreed discount. |
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9.1 |
The use of materials
delivered by the company shall only be permitted when the client has paid
all that is owing to the company on whatever grounds. |
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9.2 |
The client shall pay all
accounts in full and not exercise any rights of set-off or counterclaim
against invoices submitted. |
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10.0
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References |
All orders are accepted
subject to trade references being satisfactory. |
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11.0
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Law |
English Law shall be the
proper law of the contract. |