Legal
Terms and Conditions for the Supply of Services
B2B terms for supply of services
Agreed Terms
1. About us
1.1 Company details. Creation Rights Ltd (company number 16941560) (we and us) is a company registered in England and Wales and our office is at Creation Rights Ltd, 1 Lime Street, Fourth Floor, London, England, EC3M 7HA, United Kingdom. We operate the website www.creationrights.com.
1.2 Contacting us. To contact us, email us at team@creationrights.com. How to give us formal notice of any matter under the Contract is set out in clause 15.2.
2. Our contract with you
2.1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of Services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.2 Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3 Language. These Terms and the Contract are made only in the English language.
3. Placing an order and its acceptance
3.1 Placing your order. Please follow the onscreen prompts to place your order. You may only submit an order using the method set out on the site. Each order is an offer by you to buy the services specified in the order (Services) subject to these Terms.
3.2 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it.
3.3 Acknowledging receipt of your order. After you place your order, you will receive an email from us acknowledging that we have received it, but this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.4.
3.4 Accepting your order. Our acceptance of your order takes place when we send an email to you to accept it (Order Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence. The Contract will relate only to those Services confirmed in the Order Confirmation.
3.5 If we cannot accept your order. If we are unable to supply you with the Services for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Services, we will refund you the full amount.
4. Our services
4.1 Descriptions and illustrations. Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.
4.2 Compliance with specification. Subject to our right to amend the specification (see clause 4.3) we will supply the Services to you in accordance with the specification for the Services appearing on our website at the date of your order in all material respects.
4.3 Changes to specification. We reserve the right to amend the specification of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services.
4.4 Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.
4.5 Time for performance. We will use all reasonable endeavours to meet any performance dates specified in the Order Confirmation, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.
5. Your obligations
It is your responsibility to ensure that: the terms of your order are complete and accurate; you cooperate with us in all matters relating to the Services; you provide us with access to your premises and other facilities as we may reasonably require; you provide us with such information and materials we may reasonably require; you prepare your premises for the supply of the Services; you obtain and maintain all necessary licences, permissions and consents; you comply with all applicable laws; you keep all of our materials at your premises in safe custody at your own risk.
If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation (Your Default): we will be entitled to suspend performance until you remedy Your Default; we will not be responsible for any costs or losses you sustain; it will be your responsibility to reimburse us on written demand for any costs or losses we sustain.
6. Charges
In consideration of us providing the Services you must pay our charges (Charges) in accordance with this clause 6. The Charges are the prices quoted on our site at the time you submit your order. If you wish to change the scope of the Services after we accept your order, and we agree to such change, we will modify the Charges accordingly. We reserve the right to increase the Charges on an annual basis. Our Charges are exclusive of VAT. Where VAT is payable you must pay us such additional amounts at the applicable rate.
7. How to pay
Payment for the Services is in advance. We will take your first payment upon acceptance of your order and will take subsequent payments in advance. You can pay using a debit card or credit card or bank transfer. Payment will be automated through the website. For any failed or cancelled payments, a £20 administration fee will be levied. If you fail to make a payment by the due date, you will have to pay interest on the overdue sum at 4% a year above the Bank of England's base rate from time to time.
8. Intellectual property rights
All intellectual property rights in or arising out of or in connection with the Services (other than intellectual property rights in any materials provided by you) will be held by us. You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the term of the Contract for the purpose of providing the Services to you.
9. How we may use your personal information
We will use any personal information you provide to us to: provide the Services; process your payment for the Services; and inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us. We will process your personal information in accordance with our Privacy Policy.
10. Limitation of liability
We have obtained insurance cover in respect of our own legal liability for individual claims not exceeding £100.00 per claim. Nothing in the Contract limits any liability which cannot legally be limited. Subject to that, we will not be liable to you for loss of profits; loss of sales or business; loss of agreements or contracts; loss of anticipated savings; loss of use or corruption of software, data or information; loss of or damage to goodwill; and any indirect or consequential loss. Our total liability to you arising under or in connection with the Contract will be limited to £1,000.00 of the total Charges paid under the Contract. Unless you notify us that you intend to make a claim in respect of an event within the notice period (3 months from the day you became aware of the event), we shall have no liability for that event.
11. Confidentiality
We each undertake that we will not at any time disclose to any person any confidential information concerning one another's business, affairs, customers, clients or suppliers, except as permitted by law or as required by law, a court of competent jurisdiction or any governmental or regulatory authority.
12. Termination
We may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if: you commit a material breach and fail to remedy that breach within 30 days; you fail to pay any amount due on the due date; you take any step in connection with entering administration, liquidation or similar; you suspend or cease to carry on all or a substantial part of your business; or your financial position deteriorates to such an extent that in our opinion your capability to fulfil your obligations has been placed in jeopardy. On termination you must return all of our materials and any deliverables not fully paid for.
13. Events outside our control
We will not be liable for any failure or delay in performing our obligations that is caused by any act or event beyond our reasonable control (Event Outside Our Control). If an Event Outside Our Control takes place we will contact you as soon as reasonably possible and our obligations will be suspended for the duration. You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 60 days.
14. Non-solicitation
You must not attempt to procure services that are competitive with the Services from any of our directors, employees or consultants, whether as an employee or on a freelance basis, during the period that we are providing the Services to you and for a period of six months following termination of the Contract.
15. Communications between us
When we refer to "in writing" in these Terms, this includes email. Any notice or other communication given under the Contract must be in writing and be delivered personally, sent by pre paid first class post or other next working day delivery service, or email. A notice is deemed received: if delivered personally, on signature of a delivery receipt; if sent by post, at 9.00 am on the second working day after posting; or if sent by email, at 9.00 am the next working day after transmission.
16. General
We may assign or transfer our rights and obligations under the Contract to another entity. You may only assign or transfer your rights or obligations with our agreement in writing. Any variation of the Contract only has effect if it is in writing and signed by you and us. The Contract is between you and us. No other person has any rights to enforce any of its terms. The Contract is governed by English law and we each irrevocably agree to submit all disputes to the exclusive jurisdiction of the English courts.
Contact Us
For any questions about these Terms, please contact us at team@creationrights.com or Creation Rights Ltd, Creation Rights Ltd, 1 Lime Street, Fourth Floor, London, England, EC3M 7HA, United Kingdom.
Full name of legal entity: Creation Rights Ltd
Email address: team@creationrights.com
Postal address: Creation Rights Ltd, 1 Lime Street, Fourth Floor, London, England, EC3M 7HA, United Kingdom