1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
(b) Order: your order for the Services;
(c) Property: the Property that you are advertising on our Website;
(d) Website: www.railwaystationcottages.co.uk;
(e) Services: the services that We are providing to you as set out in the Order;
(f) Terms: the terms and conditions set out in this document; and
(g) We/Our/Us: Railway Station Cottages Limited, Registered Number: 08715014
1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
2. OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which We supply Services to you.
2.2 Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you sign and submit the Order. If you think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.
2.3 When you sign and submit the Order to Us, this does not mean We have accepted your order for Services. Our acceptance of the Order will take place as described in clause 2.4.
2.4 These Terms will become binding on you and Us when We confirm to you in writing that We are able to provide you with the Services, at which point a contract will come into existence between you and Us.
2.5 This contract will terminate at the end of Our provision of the Services, unless We have agreed a further advertising period with you in writing. We will contact you 30 calendar days before your current subscription period ends to notify you of the terms of any renewal subscription period including the price. We reserve the right to alter any of the Terms including the price at the end of each annual subscription period.
3. PROVIDING SERVICES
3.1 We will supply the Services to you from the date agreed between Us in writing.
3.2 We will make every effort to complete the Services on time. However there may be delays due to an Event Outside Our Control. See clause 6 for Our responsibilities when an Event Outside Our Control happens.
3.3 We will need certain information from you that is necessary for Us to provide the Services, including for example an accurate description of your Property and photographs of your Property. We will contact you in writing about this. We will not be liable for any delay or non-performance where you have not provided this information to Us after We have asked.
3.4 You will be fully and solely responsible for the images and description of your Property for your advertisement with Us. Under no circumstances will We be liable for any claims made by visitors to Our Website who subsequently book a holiday in your Property for any inaccurate or misleading information in your advertisement on Our Website.
3.5 We will not be held liable for any claims by you relating to visitors failing to pay you or for any damages or losses caused by the visitors to your Property. We do not enter into any contract with visitors to your Property during your advertisement period on Our Website, or act as an agent for you as the Property-owner.
3.6 We are unable to guarantee the quantity of visitors to Our Website or to your Property pages. We will monitor the levels of visitors to Our Website and provide information on the number of visitors to your Property pages to you at quarterly intervals during your subscription period.
3.7 We may suspend the Services if We have to deal with technical problems or to make improvements to the Website. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the Services while they are suspended under this clause 3.4 but this does not affect your obligation to pay for any invoices We have already sent you.
3.8 If you do not pay Us for the Services when you are supposed to as set out in clause 4, We may suspend the Services with immediate effect until you have paid Us the outstanding amounts (except where you dispute an invoice under clause 4.5). We will contact you to tell you this. This does not affect Our right to charge you interest under clause 4.4.
4. PRICE AND PAYMENT
4.1 The price of the Services will be set out in Our price list in force at the time We confirm your Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you.
4.2 These prices do not currently include VAT as We are not VAT-registered. We will notify you in writing if we become VAT-registered and if our prices include VAT.
4.3 Where We are providing Services to you, We will ask you to make an advance payment of 100% of the price of the Services. Your rights to a refund on cancellation are set out in clause 7. We will invoice you for any outstanding balance of the Services on or any time after We have performed the Services (when your Property advertisement is live on Our Website). You must pay each invoice within 14 calendar days at the date of invoice by PayPal or cheque.
4.4 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of HSBC 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.
4.5 However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 4.4 will not apply for the period of the dispute.
5. OUR LIABILITY TO YOU
5.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence. Loss or damage is foreseeable if they were an obvious consequence of Our breach or if they were contemplated by you and Us at the time we entered into this contract.
5.2 We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6. EVENTS OUTSIDE OUR CONTROL
6.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
6.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, hacking or any other attack on Our web-site, failure of public or private electrical supply, or failure of public or private telecommunications networks.
6.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
6.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Services. Please see your cancellation rights under clause 7. We will only cancel the contract if the Event Outside Our Control continues for longer than 4 weeks in accordance with Our cancellation rights in clause 8.
7. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
7.1 Before We begin to provide the Services, you have the following rights to cancel an Order for Services, including where you choose to cancel because We are affected by an Event Outside Our Control:
(b) If you cancel an Order under clause 7.1(a) and you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
(c) However, if you cancel an Order for Services under clause 7.1(a) and We have already started work on your Order by that time, you will pay Us any costs We reasonably incurred in starting to fulfil the Order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact Us. However, where you have cancelled an Order because of Our failure to comply with these Terms (except where We have been affected by an Event Outside Our Control), you do not have to make any payment to Us.
7.2 Once We have begun to provide the Services to you, you may cancel the contract for the Services at any time by providing Us with at least 30 calendar days’ notice in writing. Any advance payment you have made for Services that have not been provided will be refunded to you. A refund for any complete calendar months remaining on your annual subscription may therefore be made by Us.
7.3 Once We have begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving Us written notice if:
(b) We go into liquidation or a receiver or an administrator is appointed over Our assets;
(c) We are affected by an Event Outside Our Control.
8. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
8.1 If We have to cancel an Order for Services before the Services start:
(b) If We have to cancel an Order under clause 8.1(a) and you have made any payment in advance for Services that have not been provided to you, We will refund this amount to you.
(c) Where We have already started work on your Order for Services by the time We have to cancel under clause 8.1(a), We will not charge you anything and you will not have to make any payment to Us.
8.2 Once We have begun to provide the Services to you, We may cancel the contract for the Services at any time by providing you with at least 30 calendar days’ notice in writing. If you have made any payment in advance for Services that have not been provided to you, We will refund this amount to you. Any days remaining on your annual subscription period that We have been unable to provide Services to you will be refunded.
8.3 We may cancel the contract for Services at any time with immediate effect by giving you written notice if:
(b) you break the contract in any other material way and you do not correct or fix the situation within 14 calendar days of Us asking you to in writing.
9. INFORMATION ABOUT US AND HOW TO CONTACT US
9.1 We are a company registered in England and Wales. Our company registration number is 08715014 and Our registered office is at Cedar Lodge, York Road, Shiptonthorpe, York, YO43 3PH. We are not currently VAT registered and We will notify you in writing if this changes.
9.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning our Director, Mr Chris Parkinson, on 01670 791564 or by e-mailing Us at email@example.com.
9.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail to firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
10. HOW WE MAY USE YOUR PERSONAL INFORMATION
10.1 We will use the personal information you provide to Us to:
(b) process your payment for such Services; and
(c) inform you about similar services that We provide, but you may stop receiving these at any time by contacting Us.
10.2 We will not give your personal data to any third party.
11. OTHER IMPORTANT TERMS
11.1 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
11.2 Each of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Terms will remain in full force and effect.
11.3 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
11.4 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.