1.1. This document (together with any documents referred to in it) tells you the terms and conditions upon which we sell and supply the services (the Services) listed on this website (the 'Website') to you.
1.2. Before confirming your order please:
1.2.1. Read through these terms and conditions (the 'Conditions') and in particular our cancellations and returns policy at clause 11. and limitation of our liability and your indemnity at clause 15.
1.2.2. Print a copy for future reference.
1.3. By ordering any of the Services listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.
1.4. We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.
2. ABOUT US
2.1. This Website is owned and operated by Minotech Ltd. trading as The Ministry of Technology ('we'/'us'/'our'). The Ministry of Technology is a trading name of Minotech Ltd; registered address Flat 7, Ladymead, 1 Castle Road, Clevedon, BS21 7BX. Registered in England & Wales: No 7990362
3.1. You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
3.2. We will contact you by email or provide you with information by posting notices on our Website.
4. ELIGIBILITY TO PURCHASE SERVICES
4.1. To be eligible to purchase the Services on this Website and lawfully enter into and form contracts with us, you must:
4.1.1. Be 18 years of age or over
4.1.2. Be legally capable of entering into a binding contract
4.1.3. Provide full details of an address in the United Kingdom or the European Economic Area (if you reside in the EEA) for the performance or delivery of the Services
4.2. If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.
5.1. The prices of the Services are quoted on request or on the Website.
5.2. Prices quoted are for performance of the Services in the United Kingdom unless otherwise specified.
5.3. Unless otherwise stated, the prices quoted exclude VAT (we are not VAT registered).
5.4. We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Services to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before we have commenced providing the Services.
6.1. Payment can be made by direct bank transfer or by cheque. We reserve the right to levy additional charges for payments made by cheque.
6.2. Payments are due 30 days from the date of invoice dispatch.
6.3. Additional expenses to be charged will be agreed with you before invoicing by email or writing. Large-scale expenses may require some payment upfront before work can be commenced.
6.4. By accepting these Conditions you undertake that all the details you provide to us for the purpose of purchasing the Services are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Services ordered
6.5. We shall contact you should any problems occur with your payment.
6.6. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when communicating with us.
7. ORDER PROCESS AND FORMATION OF A CONTRACT
7.1. All orders are subject to acceptance and availability. If any Services ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.
7.2. Any order placed by you constitutes an offer to purchase the Services from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
7.3. You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
7.4. You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Services ordered by you from the Website.
7.5. A contract between you and us (the 'Contract') incorporating these Conditions will only subsist after we have debited your payment card and have confirmed that we shall be providing the requested Service or made it available to be downloaded. We will send you an email to confirm this (a 'Confirmation Notice'). The Confirmation Notice will amount to an acceptance of your offer to buy the Services from us. The Contract will only be formed when we send you the Confirmation Notice (whether or not you receive it).
7.6. Where we agree to supply Services to you permanently or on an ongoing (continuous) basis, such as by subscription, they shall be provided for a minimum fixed period of time (the 'Minimum Duration'). The length of the Minimum Duration will depend on which package or product you have selected to purchase and is provided on the Website.
7.7. The Contract will relate only to the Services stated in the Confirmation Notice. We will not be obliged to supply any other Services which may have been part of your order until we have sent you a separate Confirmation Notice relating to it.
7.8. You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.
7.9. You will be subject to the version of our policies and Conditions in force at the time that you order the Services from us, unless:
7.9.1. Any change to those policies or these Conditions is required to be made by law or governmental authority
7.9.2. We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven working days of receipt of the Confirmation Notice.
8.1. Any dates quoted for completing performance of the Service are approximate only. If no date is specified then it will take place within 30 days or a reasonable time of the date of the Confirmation Notice, unless there are exceptional circumstances.
8.2. We shall not be liable for any delay in completing performance of the Service, however caused.
8.3. The Services may be sent to you in instalments.
9. CANCELLING YOUR CONTRACT AND RETURNS
9.1. Cancelling before receiving a Confirmation Notice.
9.1.1. You may cancel your order for the Services at any time prior to receiving a Confirmation Notice from us so long as you contact us in writing. You can send us a cancellation notice by sending an email to firstname.lastname@example.org or a letter to Flat 7, Ladymead, 1 Castle Road, Clevedon, North Somerset, BS21 7BX. Your cancellation notice must quote your business name, your name, address, the name or a description of the services and your order reference number.
9.2. Cancellation after receiving a Confirmation Notice.
9.2.1. You are entitled to cancel your Contract and within 7 working days from the date of the Confirmation Notice. This also applies, where appropriate and subject to clause 11.4., to items that are available to be downloaded. However, you will no longer have a right to cancel if, with your agreement, we have already commenced providing the Services to you before this period of time expires. We shall be deemed to have already commenced providing the Services, in circumstances where you have already downloaded products or materials that we made available to you, from the Website.
9.2.2. You may notify us of your wish to cancel by sending us a cancellation notice to email@example.com or a letter to Flat 7, Ladymead, 1 Castle Road, Clevedon, North Somerset, BS21 7BX. Your cancellation notice must quote your name, address, the name or a description of the services and your order reference number.
9.2.3. Upon receiving your cancellation notice, we will contact you providing any necessary instructions which you will be required to follow.
9.2.4. So long as you have complied with your obligations under this clause, we will refund the purchase price to you by debiting the payment card you used to purchase the Services.
9.3. Cancelling ongoing Services.
9.3.1. Some of the Services that we provide are available for either a fixed period or unspecified period of time (such as support contracts). In this clause these services are referred to respectively as 'Ongoing Fixed Term Services' and 'Ongoing Non-Fixed Term Services'.
9.3.2. You are entitled to cancel your Contract for any Recurrent Fixed Term Services and Recurrent Non-Fixed Term Services that you have purchased and obtain a refund within 7 working days from the date of the Confirmation Notice. This also applies, where appropriate, and subject to clause 11.4., to items that are available to be downloaded.
9.3.3. You will no longer have a right to cancel any Ongoing Fixed Term Services if, with your agreement, we have already commenced providing this service to you within 7 working days from the date of the Confirmation Notice. We shall be deemed to have already commenced providing the Ongoing Fixed Term Services, in circumstances where you have already downloaded products or materials that we made available to you from the Website.
9.3.4. In these circumstances you cannot cancel the Contract for any Ongoing Fixed Term Services until the end of the Minimum Duration (even where the Minimum Duration is more than one year) and you will not be entitled to a refund.
9.3.5. Although you may notify us of your intention to cancel an Ongoing Fixed Term Services at any time, such notice will only take effect after the Minimum Duration has elapsed. You may notify us of your wish to cancel the Ongoing Fixed Term Services by sending us a cancellation notice to firstname.lastname@example.org or a letter to Flat 7, Ladymead, 1 Castle Road, Clevedon, North Somerset, BS21 7BX. Your cancellation notice must quote your name, address, the name or a description of the services and your order reference number.
9.3.6. We may, at our sole discretion, agree to temporarily suspend any Ongoing Fixed Term Services if you will be unable to use the service, such as, for example, if you are going on holiday. We will require at least 30 working days' advance notice for this to be implemented. The maximum period of suspension will be 12 weeks in any calendar year. You may use the same contact details for providing a cancellation notice to request the Ongoing Fixed Term Services to be suspended.
9.3.7. You will still have a right to cancel any Ongoing Non-Fixed Term Services if we have already commenced providing this service to you within 7 working days from the date of the Confirmation Notice, upon giving us 2 weeks' advance notice in writing. You may notify us of your wish to cancel by sending us a cancellation notice to email@example.com or a letter to Flat 7, Ladymead, 1 Castle Road, Clevedon, North Somerset, BS21 7BX. Your cancellation notice must quote your name, address, the name or a description of the services and your order reference number.
9.4. Exception to the right to cancel
You will not have a right to cancel an order for any goods or services purchased from us, in the following situations:
9.4.1. If you expressly agree to us beginning to provide any services before the end of the cancellation period.
9.4.2. The Contract is for goods and/or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by us
9.4.3. The Contract is for the supply of:
22.214.171.124. Audio or video recordings and computer software if unsealed by you
126.96.36.199. Audio or video recordings and software and other items that you have successfully downloaded where a free trial or demonstration was available to you to view or download
9.5. Incorrectly priced or described services
9.5.1. Whilst we try and ensure that all the information on our Website is accurate, errors may occur. In the unlikely event that the price and/or description of an item listed on the Website has been incorrectly advertised, we will not be under any obligation to sell or provide those services to you.
9.5.2. If we discover the error before sending you a Confirmation Notice we will at our discretion, either reject your order and notify you of such rejection, or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the correct price and/or description. If we give you the option of cancelling your order or reconfirming it at the correct price and/or description but either cannot contact you or do not receive your response within 14 days of sending you notification (whether or not you receive it), we will reject your order.
9.5.3. If we discover the error after sending you a Confirmation Notice we may, at our discretion and without incurring any liability to you, cancel the Contract provided that the error is, in our reasonable opinion, obvious and unmistakable and could have reasonably been recognised by you. We will notify if we cancel the Contract.
9.5.4. If your order is cancelled or rejected and you have already paid for the Services, you will receive a full refund in accordance with clause 11.7.
9.6. Delivery by instalments
9.6.1. The Services may be sent to you in instalments. You may cancel the outstanding part of your order and receive a refund, if you have already paid, of the purchase price of the outstanding Services in accordance with clause 11.7.
9.7. Processing refunds
9.7.1. We will notify you about your refund via email within a reasonable period of time. We will usually process a refund as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you are entitled to a refund. Refunds will be made by crediting the payment card or electronic payment account you used to purchase the Services.
10.1. If you have a comment, concern or complaint about any Services you have purchased from us, please contact us via email at firstname.lastname@example.org or by post at Flat 7, Ladymead, 1 Castle Road, Clevedon, North Somerset, BS21 7BX.
11. INTELLECTUAL PROPERTY
11.1. The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to The Ministry of Technology moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
11.2. You may download, publish or copy the content and other downloadable items displayed on the Website subject to the condition that the material must credit ‘Keith Jackson’ and ‘The Ministry of Technology’ along with a link to the website.
11.3. You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content without complying to clause 11.2, above.
11.4. No licence is granted to you in these Conditions to use any of our trade marks or those of our affiliated companies.
11.5. Services sold by us and Website content may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights.
12. WEBSITE USE
12.1. You are permitted to use the Website and the material contained in it only as expressly authorised by us.
12.2. Any articles added to the website remain the Intellectual Property of the Article author but may be used and reproduced by other website users provided the article is linked and credited accordingly.
13. LIABILITY AND INDEMNITY
13.1. Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
13.1.1. Death or personal injury resulting from our negligence
13.1.2. Fraud or fraudulent misrepresentation
13.1.3. Action pursuant to section 2(3) of the Consumer Protection Act 1987
13.1.4. Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability
13.2. The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
13.3. We will not be liable if the Website is unavailable at any time.
13.4. We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
13.5. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.
13.6. We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
13.7. We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
13.8. We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:
13.8.1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or
13.8.2. any loss of goodwill or reputation; or
13.8.3. any special or indirect losses; or
13.8.4. any loss of data; or
13.8.5. wasted management or office time; or
13.8.6. any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any aspect related to your purchase of the Services even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, including those listed in clauses 15.8.1. to 15.8.6., is strictly limited to the purchase price of the Services you purchased.
13.9. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
13.10. This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
14. FORCE MAJEURE
14.1. We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control ('Force Majeure'), which, without limitation, include:
14.1.1. Strikes, lock-outs or other industrial action
14.1.2. Shortages of labour, fuel, power, raw materials
14.1.3. Late, defective performance or non-performance by suppliers
14.1.4. Private or public telecommunication, computer network failures or breakdown of equipment
14.1.5. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
14.1.6. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions.
14.1.7. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.1.8. Acts, decrees, legislation, regulations or restrictions of any government
14.1.9. Other causes, beyond our reasonable control
14.2. Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.
14.3. Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or us may, by written notice to the other, terminate the Contract with immediate effect upon service.
15. THIRD PARTY RIGHTS
15.1. Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
16. EXTERNAL LINKS
16.1. To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
16.1.1. The privacy practices of such websites
16.1.2. The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
16.1.3. The use which others make of these websites; or
16.1.4. Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources
17.1. All notices given by you to us must be given to us at Flat 7, Ladymead, 1 Castle Road, Clevedon, North Somerset, BS21 7BX or by using email@example.com. We may give notice as described in clause 3.
17.2. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three days after the date of posting of any letter. 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.
18. ENTIRE AGREEMENT
18.1. The Contract represents the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between us prior to such Contract except as has been expressly incorporated in such Contract.
18.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Conditions.
19.1. We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
19.2. All prices and descriptions supersede all previous publications. All product descriptions are approximate.
19.3. Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
19.4. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
19.5. All Contracts are concluded and available in English only.
19.6. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
19.7. A waiver by us of any default shall not constitute a waiver of any subsequent default.
19.8. No waiver by us of any of these Conditions or of any other term of a Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 3.
19.9. Any Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
20. GOVERNING LAW AND JURISDICTION
20.1. The Website is controlled and operated in the United Kingdom.
20.2. Every purchase you make shall be deemed performed in England and Wales.
20.3. The Conditions and any Contract brought into being as a result of usage of this Website will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.