European Construction Costs Ltd. September 2013
In these terms and conditions the following expressions shall have the following meanings:
1.1 “Authorised User” means only your employees authorised by you to access and use the Online Services.
1.2 “The Handbook” means the annual handbook to be purchased by you from us as part of your annual subscription.
1.3 “The Online Services” means the online services provided to subscribers through the Website.
1.4 “We”, “us” means European Construction Costs Limited (company registration number 08145334) whose registered office is at One Eleven Edmond Street, Birmingham B3 2HJ and the expression “our” shall be construed accordingly.
1.5 “Website” means our website (www.constructioncosts.eu).
2. The Contract
Your order to subscribe for the Handbook and the Online Services will be accepted by our sending an email confirming acceptance of your order to you at the email address you provide in the order form. The email will require use of the given user name and password to activate your subscription account and access the Online Services.
3.1 You may cancel the subscription within fourteen days of the date of acceptance of your order for the subscription by giving notice to us in writing at the contact address shown on the Website provided strictly that:-
3.1.1 If you have received the Handbook before you cancel or receive it after you have given notice of cancellation then you must send the Handbook back to our contact address at your own cost and risk. The Handbook must be received by us in the condition it was in when delivered to you for us to make a refund.
3.1.2 You must not have activated the Online Services by means of the user name and password supplied to you and there will be no right of cancellation if you have.
Subject to your complying with the requirements of this clause 3.1 in full we will refund your subscription monies to you.
3.2 There is no other right for you to cancel the annual subscription and no refund of your subscription will be provided whether in full or part.
3.3 For continuous subscriptions, your subscription will renew automatically for a further year unless you give us notice in writing at our contact address not less than one months before the expiry of the year of the current subscription.
3.4 We may cancel your annual subscription immediately if you are in material breach of any of these terms and conditions and without prejudice to the generality of the foregoing in the event of any failure by you to pay the subscription charges. There will be no refund of the subscription or any part of it in such event.
3.5 Cancellation/termination of your subscription shall be without prejudice to the rights and liabilities of you and us in relation to any subsisting rights and liabilities.
4. Price and delivery
4.1 The annual price payable for the Handbook and the Online Services is as shown on our Website.
4.2 We seek to make clear what Value Added Tax or other such taxes or duties apply to the prices quoted for the Handbook and Online Services. In any event, all prices are to be treated as exclusive of Value Added Tax and other taxes or duties which shall be paid in addition to the price.
4.3 The price includes delivery costs unless otherwise set out on our Website.
4.4 We will deliver the Handbook to you at the delivery address given by you when making the order. We will deliver as soon as reasonably practicable and delivery should in any event be made within 30 days.
4.5 If paying by direct debit, please note that European Construction Cost Ltd has appointed the BACS Approved Direct Debit Bureau, Eazy Collect Services Limited, (www.eazycollect.co.uk) to collect your payments and ECC Ltd will be shown on your bank statement.
4.6 If paying by credit or debit card European Construction Costs Ltd. has appointed WorldPay(UK) Ltd. (Streamline Merchant Services) as their card processing agent.
5. Use of the Online Services
5.1 Only Authorised Users may access and use the Online Services and you must ensure that each person having access to the Online Services is an Authorised User and is using those Online Services only in accordance with these terms and conditions.
5.2 We reserve the right in our sole discretion to deny users access to the Website or any part of our Website without notice and to decline to provide the Online Services to any user that is in breach of these terms and conditions.
6. Events Beyond Our Control
We shall not be liable to you for any breach of these terms and conditions or any failure to provide or delay in providing the Online Services through our Website which are caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.
8.1 If the Handbook delivered to you is damaged we shall have no liability to you unless you notify us in writing at our contact address of the damage within fourteen days of the delivery of the Handbook.
8.2 If you do not receive the Handbook within thirty days of the date of acceptance of your order we shall have no liability to you unless you notify us in writing at our contact address of the problem within forty days of the date on which your ordered was accepted.
8.3 We do not represent or warrant that access to our Website or any part of it will be uninterrupted, reliable or fault free.
8.4 We do not represent or warrant to you that the Handbook or our Website or any of its or their contents will be accurate, complete or reliable.
8.5 We do not represent or warrant that the Online Services will be provided with any specific degree of care and skill or that the Handbook or the Online Services will be fit for any particular purpose.
8.6 To the extent permitted by law, we exclude all liability (whether arising in contract tort or otherwise and whether or not due to our negligence) we may otherwise have to you as a result of:
(a) any technical factual textual typographical or functional errors inaccuracies or omissions on or relating to the Website or any information on the Website or in the Handbook,
(b) the unavailability of our Website (or any part of it),
(c) the Handbook or the Online Services not being fit for their intended purpose, or
(d) any misrepresentation on or relating to our Website or within the Handbook (other than a fraudulent misrepresentation made by us).
8.7 The limitations and disclaimers set out on the Website and within the Handbook shall apply to the use of the Handbook and the Online Services and in the event of any conflict between those provisions and these terms and conditions then these terms and conditions shall prevail.
8.8 You agree that we shall have no liability to you for indirect or consequential loss damage or expenses (including without limitation loss of income or profits or goodwill or loss of data).
8.9 Notwithstanding the foregoing provisions our maximum liability to you in respect of your use of the Handbook and the Online Services will in any event be limited to the amount of the annual subscription fees paid by you during the year in which any such liability arose.
8.10 You agree that each of these limitations is reasonable having regard to the nature of our Website and the Handbook the manner in which the data is compiled and the level of the subscription fee.
8.11 None of the exclusions or limitations set out above shall exclude or restrict our liability for death or personal injury caused by our negligence.
8.12 None of the above exclusions shall affect any statutory rights which are not capable of being excluded.
8.13 Each of the above exclusions or limitations shall be construed as a separate and severable provision of these terms and conditions.
9. Intellectual Property Rights
All rights in the design text graphics and other material on our Website and within the Handbook are the copyright of us or other third parties. Any other use of such materials other than use in accordance with the Online Services and in accordance with these terms and conditions without our prior written permission is strictly prohibited.
10. Third Party Rights
A person who is not a party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the agreement arising from your order but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
Unless otherwise expressly stated in these terms and conditions all notices from you to us must be in writing and sent to our contact address as displayed on our Website and all notices from us to you will be displayed on our Website from time to time or maybe emailed to you at the email address given on your order or may be sent to the delivery address notified in your order.
12. Governing Law
The contract between us shall be governed by and interpreted in accordance with English law and you irrevocably submit to the exclusive jurisdiction of the English Courts.
European Construction Costs Ltd is a UK limited liability company registered at UK Companies House; No 8145334. Registered address; 111 Edmund Street Birmingham B3 2HJ.