All customers who we work with on projects must read these terms and conditions to make sure that they understand all pertinent information about the services that we provide. If you are not sure about anything, give us a call on 01226720805.
Application
1. These Terms and Conditions will apply to the purchase of the services and goods by you (these terms will refer to you as the Customer or you). Our registered business name is We Are Awesome LTD whose trading name is awesome. - a company registered in England and Wales under number 10137762 whose registered office is at Digital Media Centre, County Way, Barnsley, South Yorkshire, S70 2JW with email address info@weare-awesome.co.uk; telephone number 01226720805; (these terms will refer to awesome. as the Supplier or us or we).
2. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Services and Goods from the Supplier if you are eligible to enter into a contract and are at least 18 years old.
Interpretation
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Services;
5. Delivery Location means the Supplier's premises or other location where the Services are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
8. Order means the Customer's order for the Services from the Supplier as submitted following the step by step process set out on the Website;
9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
10. Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
11. Website means our website www.weare-awesome.co.uk on which the Services are advertised.
12. Web-Platform means our products named ‘Playground’ or ‘Frisbee’ which are web-based platforms to host your website or web-app. The platforms contain CMS, CRM, Mail out, and Analytics services.
Services
13. The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.
14. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
15. All Services which appear on the Website are subject to availability.
16. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Customer responsibilities
17. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
18. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
Personal information and Registration
19. When registering to use our Web-Platform you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
20. All passwords are encrypted and we do not actively store any personally identifiable data. As a policy we ask our users not to add any such data into the Web-Platform system.
21. We retain and use all information strictly under the Privacy Policy.
22. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
23. The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted by you, we can reject it for any reason, although we will try to tell you the reason without delay.
24. The Order process is carried out by a member of the Supplier’s team and will always be backed up in writing (Email or Post). Each step allows you to check and amend any errors before submitting the Order, which will be declared via signature and return of a service agreement. It is your responsibility to check that you have used the ordering process correctly.
25. A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email or via post with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.
26. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.
27. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
28. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Fees and Payment
29. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges will be provided to you in writing (email or Post) by a member of the Supplier’s team, stating the date that we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard hourly/daily rate basis.
30. Fees and charges include VAT at the rate applicable at the time of the Order.
31. Payments can be made via BACS, Cheque (clearance required before carrying out services), or Direct Debit (when required)
Delivery of Services and Goods
32. All Services will be quoted under an estimated project time-scale and these times may be subject to change if any delays, issues, pauses or related breaks are made during a project timeline. The Supplier will communicate with the customer in writing to outline the progress of a project timeline.
33. Any delays during a project which are liable to the client may result in their project being re-scheduled within the supplier’s project calendar.
34. Any Goods that are to be supplied by the supplier to the customer in relation to your project will be delivered using third-party courier/logistics services. All deliveries will be attempted to reach the customer’s address by stated times upon dispatch. Due to events beyond our control, delays can occur in transit and in the instance of this happening, we will not be held responsible for any loss of sales, damage to the customer’s reputation or any related complaints. Delays in transit are at times beyond human control. In the instance of delays responsible by the third-party services, we will always attempt to seek compensation for the customer when possible. There is no guarantee that compensation can be issued, however the supplier will always carry out standard protocol in these instance.
35. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
36. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
37. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
38. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
39. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
40. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
41. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
42. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods and services (with no others) in the following circumstances:
a. goods that are made to your specifications or are clearly personalised;
b. goods which are liable to deteriorate or expire rapidly.
Right to cancel
43. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
44. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier, indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of services only (without goods), the cancellation period will expire 14 days from the day the Contract was entered into. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
45. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email). In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
46. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Commencement of Services in the cancellation period
47. We must not begin the supply of a service (being part of the Services) before the end of the cancellation period unless you have made an express request for the service.
Effects of cancellation in the cancellation period
48. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Payment for Services commenced during the cancellation period
49. Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Contract. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract. This amount is to be calculated on the basis of the total price agreed in the Contract or, if the total price were to be excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders. You will bear no cost for supply of that service, in full or in part, in this cancellation period if that service is not supplied in response to such a request.
Deduction for Goods supplied
50. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
51. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
a. 14 days after the day we receive back from you any Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
52. If we have offered to collect the Goods or if no Goods were supplied or to be supplied (ie it is a contract for the supply of services only), we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
53. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Returning Goods
54. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at Digital Media Centre, County Way, Barnsley, South Yorkshire, S70 2JW without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
55. For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
Conformity
56. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
57. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
58. It is not a failure to conform if the failure has its origin in your materials.
59. We will supply the Services with reasonable skill and care.
60. We will provide the following after-sales service: Customer support (such as Web Maintenance, Content Management, SEO, Services Training, IT & Communication, Brand Management) for the supplier’s services can be obtained by the customer for an additional charge, subject to scoping and quote by the supplier.
61. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Duration, termination and suspension
62. The Contract continues as long as it takes us to perform the Services.
63. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
b. is subject to any step towards its bankruptcy or liquidation.
64. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Successors and our sub-contractors
65. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
66. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery (and the right to cancel below).
Excluding liability
67. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
Governing law, jurisdiction and complaints
68. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
69. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
70. We try to avoid any dispute, so we deal with complaints as follows: Any queries or issues with the supplier’s services must be logged in writing via email (info@weare-awesome.co.uk) or post (awesome., Digital Media Centre, County Way, Barnsley, South Yorkshire, S70 2jW) and will be dealt with by the management department. The supplier will aim to deal with all matters within 5-10 working days. All responses by the supplier will be backed up in writing via email or post.