1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply our products and services to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas, you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
• You are an individual.
• You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
See references to Consumer Contracts Regulations 2013.
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information about us and how to contact us
2.1 Who we are. We are MSN TRAINING LIMITED a company registered in England and Wales. Our company registration number is 10866444 and our registered office is at Suite 4, Brooklyn Chambers, 1 Brooklyn Road, Cheadle, SK8 1BS. Our registered VAT number is GB 275661084.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0161 706 0411 or by writing to us at email@example.com or by post at Suite 4, Brooklyn Chambers, 1 Brooklyn Road, Cheadle, SK8 1BS.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Once you confirm to us by phone or via email that you would like to go ahead with your order, we will email you an order form or link with the order form to complete and a copy of our terms and conditions.
3.2 You will be required to complete the order form and the payment method form or make a payment, at which point we will accept your order. Upon receipt of your completed order and payment method forms or payment, we shall set up your order in accordance with the order form.
3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the product.
4. Our rights to make changes
4.1 Changes and updates to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements;
(b) to ensure the content is up-to-date; and
(c) to implement minor technical adjustments and improvements.
These changes will not affect your use of the product.
4.2 How will you be notified of such changes or updates to the products. If we do introduce any changes or updates to the product you have purchased from us on a subscription basis, we will notify you in writing within 14 days of such update becoming available. There is no additional charges for such updates to subscription customers.
5. Our products
5.1 Product description on the website. The images on our website are for illustrative purposes only. We make every effort to ensure that the product description provides accurate information on the content of each product.
5.2 Ensure the product is right for you. If in doubt about suitability of a product, we advise you to contact us directly by phone or via email before purchasing the product to ensure it fits your needs.
6. Providing the products
6.1 When we will provide the products.
We will supply the services to you until the subscription expires or you end the contract as described in clause 7 or we end the contract by written notice to you as described in clause 9.
6.2 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) to update the product's content (see clause 4).
6.3 Your rights if we suspend the supply of products. If the product remains suspended for a period of more than 15 days, you can contact us in writing and we will refund any sums you have paid in advance for the product in respect of the period the product remained suspended.
6.4 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 11.4) and you still do not make payment within 5 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 11.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 11.5).
7. Your rights to end the contract
7.1 How can you end your contract with us. You can only terminate your contract with us on an anniversary of the subscription by giving us 60 days notice in advance of such anniversary.
7.2 Exercising your right to change your mind if you are a consumer only (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. This right applies only for products you have purchased but have not accessed. If you access the product, your right to cancel within the cooling off period automatically ceases to apply. This clause does not apply to a business customer.
8. How to end the contract with us (including if you have changed your mind)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) By email. email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. In writing to Suite 4, Brooklyn Chambers, 1 Brooklyn Road, Cheadle, SK8 1BS, including details of what you bought, when you ordered or received it and your name and address.
8.2 How we will refund you. If you are entitled to a refund under these terms and conditions, we will refund you the price you paid for the products or the pro-rata payment to the method you used for payment.
8.3 When your refund will be made. We will make any refunds due to you as soon as possible and, in any case, within 14 days of the cancellation or termination of your contract with us.
9. Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due; or
(b) you breach any of these terms and conditions.
9.2 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 30 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
10. If there is a problem with the product
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0161 706 0411 or write to us at email@example.com or by post at: Suite 4, Brooklyn Chambers, 1 Brooklyn Road, Cheadle, SK8 1BS.
10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
11. Price and payment
11.1 Where to find the price for the product. The price of the product (exclusive of VAT unless otherwise stated) will be the price indicated on the order form when you place your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
11.4 When you must pay and how you must pay. We accept most payment methods. Please contact us directly for a full list of payment methods accepted.
(a) For bespoke services and products, you must make an advance payment of 50% of the price of the services or products, before we start providing them. We will invoice you for the balance of the price of the services when we have completed the order.
(b) For subscription services and products, we will invoice you monthly in advance for the services or products until the subscription is cancelled. You must pay each invoice within 7 calendar days after the date of the invoice.
11.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount. We also reserve the right to pass the outstanding debt for collection to an appointed agent at your cost.
11.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12. Our responsibility for loss or damage suffered by you
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 10.2 and for defective products under the Consumer Protection Act 1987.
12.3 Your responsibility to mitigate your losses. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
12.4 We are not liable for business losses. If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 13.
13. Our responsibility for loss or damage suffered by you if you are a business
13.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
13.2 Subject to clause 13.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sum paid by you for product(s) under such contract.
14. How we may use your personal information
14.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
14.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
15. Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person only if we agree to this in writing.
15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts only.