TERMS AND CONDITIONS
Please read all these Terms and Conditions.
As we can accept your availed services and make a legally enforceable agreement without further reference to you, you must read these Terms and Conditions to make sure that they contain all that you want and nothing that you are not happy with.
Application
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These Terms and Conditions will apply to the purchase of the services by the Client. We are Philiz Exclusives Limited whose service name is Prime Biz Solutions a company registered in England.
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These are the terms on which we sell all Services to you. Before choosing and purchasing services on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked 'I Accept'. If you do not click on the button, you will not be able to complete your Purchase. You can only purchase the Services from the Website if you are eligible to enter into a contract and are at least 18 years old.
Interpretation
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Client means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
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Contract means the legally-binding agreement between the Client and the Prime Biz Solutions for purchase of Services;
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Purchase means the Client's purchase for the Services from the Prime Biz Solutions as submitted following the step-by-step process set out on the Website;
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Privacy Policy means the terms which set out how we will deal with confidential and personal information received from the Client via the Website;
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Services means the services advertised on the Website, of the number and description set out in the Purchase;
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Website means our website www.primebizsolutions.com on which the Services are advertised.
Services
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The description of the Services is as set out in the Website, social media, brochures or other form of advertisement. Any description is for illustrative purposes only.
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In the case of Services made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
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All Services which appear on the Website are subject to availability.
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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.
Client Responsibilities
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You must co-operate with us in all matters relating to the Services, provide us and our authorized 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 licenses and consents (unless otherwise agreed).
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Failure to comply with the above is a Client 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
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When registering to use the Website 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.
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We retain and use all information strictly under the Privacy Policy.
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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
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The description of the Services on our website does not constitute a contractual offer to sell the Services. When a Purchase has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
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The Purchase process is set out on the Website. Each step allows you to check and amend any errors before submitting the Purchase. It is your responsibility to check that you have used the purchasing process correctly.
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A Contract will be formed for the Services purchased only when you receive an email from us confirming the Purchase (Purchase Confirmation). You must ensure that the Purchase Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Purchased placed by you. By placing a Purchase you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Purchase Confirmation). You will receive the Purchase Confirmation within a reasonable time after making the Contract, and before performance begins of any of the Services.
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Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time.
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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 Client and the Prime Biz Solutions in writing.
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We intend that these Terms and Conditions apply only to a Contract entered into by you as a Client. 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
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The fees (Fees) for the Services, is set out on the Website at the date 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 daily rate basis.
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Fees and charges include VAT at the rate applicable at the time of the Purchase.
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You must pay by submitting your credit or debit card details with your Purchase and we can take payment immediately or otherwise before delivery of the Services.
Delivery
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In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
Risk and Title
31. You do not own the rights to the content or services made by Prime Biz 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 still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and Cancellation
32. You can withdraw the Purchase 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.
Right to Cancel
33. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
34. 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). You can use the attached model cancellation form, but it is not obligatory. 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.
34. You can also electronically fill in and submit the model cancellation form or any other clear statement of the Client's decision to cancel the Contract on our website www.primebizsolutions.com . If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Services (eg by email) without delay.
35. 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
36. We must not begin the service (being part of the Services) before the end of the cancellation period unless you have made an express request for the service.
Conformity
37. It is not a failure to conform if the failure has its origin in your materials.
38. We will render the Services with reasonable skill and care.
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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 qualifies 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
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The Contract continues as long as it takes us to perform the Services.
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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:
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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
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is subject to any step towards its bankruptcy or liquidation.
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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
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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 Prime Biz will be liable for the acts of any subcontractors who it chooses to help perform its duties.
Circumstances Beyond the Control of Either Party
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In the event of any failure by a party because of something beyond its reasonable control:
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the party will advise the other party as soon as reasonably practicable; and
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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 Client's above rights relating to delivery (and the right to cancel below).
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Privacy
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Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
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For the purposes of these Terms and Conditions:
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'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
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'GDPR' means the UK General Data Protection Regulation.
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'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
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We are a Data Controller of the Personal Data we Process in providing the Services to you.
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Where you supply Personal Data to us so we can provide Services to you, and we Process that Personal Data in the course of providing the Services to you, we will comply with our obligations imposed by the Data Protection Laws:
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before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
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we will only Process Personal Data for the purposes identified;
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we will respect your rights in relation to your Personal Data; and
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we will implement technical and organizational measures to ensure your Personal Data is secure.
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For any enquiries or complaints regarding data privacy, you can e-mail: admin@primebizsolutions.com.
Excluding Liability
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The Prime Biz does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Prime Biz'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 Client - because we believe you are not buying the Services wholly or mainly for your business, trade, craft or profession.
Governing Law, Jurisdiction and Complaints
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The Contract (including any non-contractual matters) is governed by the law of England and Wales.
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Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Client lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
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We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 working days..
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We aim to follow these codes of conduct, copies of which you can obtain as follows: UK Teacher's Standards available from https://assets.publishing.service.gov.uk/media/61b73d6c8fa8f50384489c9a/Teachers__Standards_Dec_2021.pdf ICO available from https://ico.org.uk
Attribution
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These Terms and Conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).
Model Cancellation Form
To Email address: sales@primebizsolutions.com
I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale [for the supply of the following service [*], Ordered on [*]/received on [*]______________________(date received) Name of consumer(s): Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper)
Date
[*] Delete as appropriate.