GBVA TERMS AND CONDITIONS

TERMS AND CONDITIONS OF SALE

DEFINITIONS

Buyer means a person, firm or corporate body placing an order with the Company.

Company means GBVA. 

Conditions mean these Conditions of Sale.

Contract means the contract formed by the Company’s acceptance of the Buyer’s order.

Goods mean all services, goods or materials which are the subject of the Buyer’s order or which are to be supplied to the Buyer by the Company under these conditions.

Tender means any tender or quotation submitted by the Company for the supply of services/goods.

 

GENERAL

1.1    The responsibility for final proof-reading of documents lies with the client, and any errors notified within 48 hours of receipt will be corrected free of charge. After 48 hours it shall be deemed that the work has been accepted as free of errors and omissions and GBVA will accept no liability or loss arising from the performance of any services carried out under the agreement

1.2    Errors or omissions reported after 48 hours will still be corrected but the additional time spent will be charged to client

1.3    GBVA recommends any original documents are sent securely

1.4    Written confirmation is required before commencement of work. This indicates the client’s acceptance of our terms and conditions

1.5    GBVA will not be held liable or responsible for the end use of any document or work carried out by us. We retain the right to reject work which involves material we feel is illegal, immoral or objectionable

1.6    Written quotations will be provided prior to any work commencing

1.7    Work will be presented using Microsoft Office applications unless requested otherwise. 

1.8    Contracts can be terminated with 30 days written notice by either party. We reserve the right to charge for any work carried out prior to cancellation

1.9    Although every effort will be made to ensure reliable service, in event of equipment failure, GBVA cannot be held liable for any loss of information

 

CONFIDENTIALITY

2.1    GBVA will not at any time, directly or indirectly, divulge or disclose any information that is the property of the client.

2.2    Any information will not be used for personal benefit.

2.3    All information and data will be treated in the strictest of confidence.

2.4    This provision will continue after completion of any agreement.

2.5    If required by the client, GBVA would be happy to sign any confidentiality or non-disclosure agreement.

2.6    No information will be made available to a third party.

2.7    All work will be kept on file for a period of 12 months. After this time, work will be deleted unless specifically instructed.

 

VARIATION

3.1     A Tender is an invitation to the Buyer to make an offer by placing an order.

3.2    The Company may withdraw or alter a Tender at any time. A Tender shall be valid for a period of 30 days from the date of the Tender unless the Company specifies otherwise.

3.3    No Contract is made until the Company has confirmed in writing an acceptance of the Buyer’s order.

3.4    No amendment to or variation of the Contract shall be valid against the Company unless it is writing and signed by the Company.

3.5    The Company reserves the right at any time to correct errors in prices or specifications quoted and the Buyer shall not be entitled to terminate the Contract or claim damages or costs by reason of any such correction.

3.6    Any conditions of purchase offered by the Buyer shall be invalid and ineffective and shall be deemed to be rejected by the Company unless specifically accepted by the Company.

3.7    Orders placed must be in writing and must contain sufficient information to enable the Company to assess the order and (if accepted by the Company) proceed with the order. The Company may make reasonable amendments to the delivery and expectations of completion by reason of failure or delay of the Buyer in providing such information.

3.8    No order which has been accepted by the Company may be cancelled by the Buyer except with the agreement of the Company and on terms that the Buyer will indemnify the Company against all loss, costs (including cost of materials and labour), damages, charges and expenses incurred by the Company as a result of the cancellation.

 

PRICE AND PAYMENT

4.1    Monthly retainer packages must be paid in advance and unused hours cannot be carried over to subsequent months.

4.2    All charges are billed in 15-minute increments and charged on a monthly basis. There is a minimum charge of 1 hour.

4.3    A deposit of up to 50% will be requested before the commencement of work for Pay as You Go clients.

4.4    Payment can be made by cheque or BACS transfer.

4.5    A fee of £25.00 will be charged for any returned cheques.

4.6    If the client’s original requirements change, we reserve the right to change our original quotation following suitable consultation with the client.

4.7    Payment is strictly 14 days from receipt of invoice.

4.8    Failure to pay within 14 days may result in interest being charged (at a rate of 10% over base rate) per month on the outstanding balance.

4.9    Any and all costs incurred for chasing and/or recovering the outstanding payment will be added to the account.

4.10  Telephone, travel, printing, stationery, postage and other expenses will be charged separately to the hourly rate and package costs.

4.11   Mileage for required car travel will be charged at a rate of 40p per mile plus £25 per hour.

4.12   If there is a turnaround of work with 24 hours or less notice requested, additional charges will be applied.

4.13   All charges will be reviewed on 1 October of each year and clients will be notified of any new charges in writing.

4.14   The price of the service/goods shall be specified in the Tender or in the Company’s written acceptance of the order.

4.15   All prices are exclusive of Value Added Tax or other government charges.

4.16   Any extra work or materials or other that is required over the original tender will be subject to an extra charge.

4.17   The Contract price may be varied by the Company (by written notice to the Buyer) where the work or service is suspended, cancelled or varied on the Buyer’s instructions or lack of instructions or failure to provide sufficient or timely information under clause 3.6 or on account of the Buyer’s delay in making payments under the terms of Contract.

4.18   Or, between the date of Tender and delivery of the service/goods there are changes in costs to the Company in performing the Contract by reason of changes to costs in labour, components, materials or transport or by reason of any additional expense imposed on the Company by any law or Governmental authority.

4.19   If relevant, without prejudice to any remedies of the Company, the Buyer will be liable for payment of storage or refurbishment if the Buyer does not take delivery of any goods 3 days after notified goods are ready for delivery. The Buyer will be liable to pay for goods as if they have been delivered.

4.20  Deposits and stage payments are payable on demand.

4.21   Payment shall be received in cleared funds in the currency invoiced 14 days from the invoice date or 7 days after buyer notified of completion (whichever is earliest).

4.22   The Buyer shall not be entitled to withhold payment of any amount due under the Contract under any circumstances.

4.23   Should the Buyer make default any payment, file for bankruptcy, execute an assignment for the benefit of its creditors, enter voluntary or compulsory liquidation, or suffer a receiver or administrator to be appointed over all or any part of its assets, the Company may cancel any uncompleted/undelivered part of the Contract  and stop any services/goods in progress without incurring liability in respect of such cancellation or stoppage, without prejudice to the Company’s other rights or remedies including its right to claim against the Buyer in respect of any loss or damage sustained by reason of the non-completion of the Contract.

4.24  The Company does not support credit for Contracts.

 

DELIVERY

5.1    Any quoted completion/delivery terms will be calculated when all necessary information or materials and/or when advanced payments are received.

5.2    The Company will not be liable for any loss or damage whether direct or indirect consequential or otherwise if it is delayed or prevented from delivering the service/goods in whole or part. Any delay in delivering the service/goods shall not give rise to a right of the Buyer to treat the Contract as repudiated or reject the service/goods.

5.3   Without limitation the Company shall in no event be liable for any delay in or non-performance of its obligations due to any act of God, natural disasters, fire, flood, explosion, earthquake, accident, prohibition or limitation, act of Government, war insurrection, riot, strike or labour disturbance, shortages of material, any act or omission of Buyer, or any other cause or event whatsoever beyond reasonable control of the Company, whether or not foreseeable. In any event, the Company reserves the right to suspend or cancel the Contract at any stage without liability for any loss or without prejudice to the Company’s rights to receive payment for the goods or work previously done.

5.4   No further liability is acknowledged.

 

 

TERMS AND CONDITIONS OF WEBSITE

INTRODUCTION

1.1    Website usage agreement between GBVA and the user.

1.2   Use of this site constitutes agreement with the following terms and conditions. These conditions are governed by and interpreted with English law. Please read carefully.

1.3   This site is intended for use by citizens of the United Kingdom. This site is not intended for the distribution to, or use by, any persons in a country where such distribution or use would be contrary to local laws or regulations.

 

USE OF CONTENT

2.1   Throughout our website, trademarked names will be indicated. However, rather than repeatedly show the trademark symbol, we state that we are using such names in an editorial context with no intention of infringement of that trademark. Trademarked names as always remain the property of their respective companies.

2.2   We or our licensers own the copyright and all other intellectual property rights associated with the content save where otherwise stated.

2.3   We cannot warrant that the use of the site will not be interrupted or unavailable due to any factors outside our control.

2.4   You may not copy, distribute or display the site or any part of it. You may not link to or mirror any part of the site. Any infringement of any intellectual property rights in this manner will result in appropriate legal action.

2.5   Any rights not expressly granted in these terms are reserved.

 

CHANGES

3.1   We are continually seeking to update and improve the site. Therefore, we may make changes to any part of the site and these conditions and you will be bound by changes to these conditions from the time you next access the site.

3.2   No purported modifications of these conditions will be effective until we countersign it.

 

DISCLAIMER

4.1   The information on this site is provided on an ‘as is’ and ‘as available’ basis. We endeavour to ensure, but not guarantee or warrant the accuracy or completeness, availability or reliability of the information on our website. Our aim is to keep this information timely and accurate. If errors are brought to our attention we will try to correct them.

4.2   We exclude any warranty, expressed or implied, as to the quality or fitness for a particular purpose of any of the content on this site.

4.3   We reserve the exclusive right at our sole discretion to alter, limit or discontinue part of this site. Under no circumstances shall we be liable for any loss, damage or liability or expense suffered which is claimed to result from the use of this site, including without limitation, any fault, error, omission, interruption or delay. Use of this site is at the user’s sole risk.

4.4   Every effort is made to minimise disruption caused by technical errors. We accept no responsibility with regards to such problems incurred as a result of using this site or any link to external sites.

4.5   The materials on this site do not constitute medical, financial or other professional advice.

4.6   Users specifically acknowledge and agree that we are not liable for any conduct of any other user.

4.7   By accessing the site you agree that we are not liable to you or any third party for any errors or delays in the site or for any actions taken in reliance on it. You also agree that we will not be liable for any direct or indirect or consequential loss arising from the access or use of the site or from your access or use of other material on the internet via web links for this site.

4.8   We reserve the right to deny at our sole discretion any user access to this site or any portion thereof without notice. We have no obligation to forward any unread or unsent communication to you or any third party.

WEBSITE PRIVACY POLICY

 

INTRODUCTION

This privacy notice provides you with details of how we collect and process your personal data through your use of our site www.gbva.co.uk.

By providing us with your data, you warrant to us that you are over 18 years of age.

Gemma Cormack of GBVA is the data controller and we are responsible for your personal data (referred to as “we”, “us” or “our” in this privacy notice).

Full name of legal entity: Gemma Cormack trading as GBVA

Email address: gemma@gbva.co.uk

Postal address: 26 College Gate, Salisbury Close, Crewe, CW2 6NW

It is very important that the information we hold about you is accurate and up to date. Please let us know if at any time your personal information changes by emailing us at gemma@gbva.co.uk

 

WHAT DATA DO WE COLLECT ABOUT YOU, FOR WHAT PURPOSE AND ON WHAT GROUND WE PROCESS IT

Personal data means any information capable of identifying an individual. It does not include anonymised data.

We may process the following categories of personal data about you:

  • Communication Data that includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defence of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.

  • Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.

  • User Data that includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain backups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.

  • Technical Data that includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyse your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy. 

  • Marketing Data that includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws and free giveaways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.

  • We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).

 

SENSITIVE DATA

We do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offences.

 

HOW WE COLLECT YOUR PERSONAL DATA

We may collect data about you by you providing the data directly to us (for example by filling in forms on our site or by sending us emails).

 

We may receive data from third parties such as analytics providers such as Google based outside the EU, advertising networks such as Facebook based outside the EU, such as search information providers such as Google based outside the EU, providers of technical, payment and delivery services, such as data brokers or aggregators.

 

MARKETING COMMUNICATIONS 

Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely to grow our business).

 

Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications and in each case you have not opted out of receiving such communications since. Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However you can still opt out of receiving marketing emails from us at any time.

 

Before we share your personal data with any third party for their own marketing purposes we will get your express consent.

 

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you.

 

If you opt out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations etc.

 

 DISCLOSURES OF YOUR PERSONAL DATA

We may have to share your personal data with the parties set out below:

  • Service providers who provide IT and system administration services.

  • Professional advisers including lawyers, bankers, auditors and insurers

  • Government bodies that require us to report processing activities.

  • Third parties to whom we sell, transfer, or merge parts of our business or our assets.

We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.

 

INTERNATIONAL TRANSFERS 

We are subject to the provisions of the General Data Protection Regulations that protect your personal data. Where we transfer your data to third parties outside of the EEA, we will ensure that certain safeguards are in place to ensure a similar degree of security for your personal data. As such:

  • We may transfer your personal data to countries that the European Commission have approved as providing an adequate level of protection for personal data by; or

  • If we use US-based providers that are part of EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place; or

  • Where we use certain service providers who are established outside of the EEA, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe.

If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.

 

DATA SECURITY

We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorisation. We also allow access to your personal data only to those employees and partners who have a business need to know such data. They will only process your personal data on our instructions and they must keep it confidential.

 

We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.

 

DATA RETENTION

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorised use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.

 

For tax purposes the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they stop being customers.

 

In some circumstances we may anonymise your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

 

YOUR LEGAL RIGHTS

Under data protection laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent.

 

You can see more about these rights at:

https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/

If you wish to exercise any of the rights set out above, please email us at gemma@gbva.co.uk

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or refuse to comply with your request in these circumstances.

 

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

 

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you.

 

If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.

 

THIRD-PARTY LINKS

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

Gemma Cormack © 2020