Terms and Conditions
Application and entire agreement
- These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by Phoenix Media Solutions Ltd to the person buying the services (you).
- You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.
- You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
- A “business day” means any day other than a Saturday, Sunday or bank holiday in England and Wales.
- The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
- Words imparting the singular number shall include the plural and vice-versa.
- We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
- We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.
- All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.
- You must obtain any permissions, consents, licences or otherwise that we need and must give us with access to any and all relevant information, materials, properties and any other matters which we need to provide the Services.
- If you do not comply with clause 10, we can terminate the Services.
- We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).
- The fees (Fees) for the Services are set out in the quotation and are on a time and materials basis.
- In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services.
- You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 14 also apply to these additional services.
- The Fees are of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
Cancellation and amendment
- We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 30 days from the date of the quotation, (unless the quotation has been withdrawn).
- Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.
- If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.
- If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party’s control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
- We will invoice you for payment of the Fees either:
- when we have completed the Services; or
- on the invoice dates set out in the quotation.
- You must pay the Fees due within 30 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
- Time for payment shall be of the essence of the Contract.
- Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 10% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
- All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
- If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.
- Receipts for payment will be issued by us only at your request.
- All payments must be made in £’s sterling unless otherwise agreed in writing between us.
Sub-contracting and assignment
- We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
- You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.
- We can terminate the provision of the Services immediately if you:
- commit a material breach of your obligations under these Terms and Conditions; or
- fail to make pay any amount due under the Contract on the due date for payment; or
- are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
- enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
- convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
- We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
Liability and indemnity
- Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.
- The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
- We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
- any indirect, special or consequential loss, damage, costs, or expenses or;
- any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
- any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
- any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
- any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
- You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
- Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
Circumstances beyond a party’s control
- Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
- All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
- Notices shall be deemed to have been duly given:
- when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
- when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
- on the fifth business day following mailing, if mailed by national ordinary mail; or
- on the tenth business day following mailing, if mailed by airmail.
- All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
- No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
- If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and jurisdiction
- This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
This notice provides you with details of how we collect and process your personal data through your use of our site www.trade-decorator.co.uk
Phoenix Media Solutions Ltd is the data controller and we are responsible for your personal data (referred to as “we”, “us” or “our” in this privacy notice.
If you need to email us about anything in this privacy notice, please email us at email@example.com or write to us at 18 Lower Makinson Fold, Horwich, Bolton, BL6 6PD.
If any of your personal information changes (e.g. when you change your email address, move address or name because you get married – in which case congratulations!) Please email us at the above email address and let us know how it has changed. From time to time we may email you to confirm that the information we hold for you is accurate and up to date.
2. Personal data we hold about you
We may collect the following data about you:
- Your name
- Your email address
- Your address
- Your Business name
- Any data about how you use our website
- Technical data such as your IP address, 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 device you use to access our website.
- Any other information which you directly provide to us whether through our contact form, over the phone, by email or otherwise, such as when entering our competitions.
3. How we may use your data
We will use your data in order to:
- Enter you in to the competition.
- Forward your details to our competition partner.
- Send you our e-Newsletter.
- Send you marketing communications where we are allowed by law to do so.
- Monitor the use of our website and online services.
- Keep records of communications.
- Analyse your use of our website and other online services.
- Administer and protect our business and website.
- Deliver relevant website content and advertisements to you.
- Comply with any legal obligations we are subject to or as required by a government authority.
- Manage our business.
4. Our lawful ground of processing
Under the General Data Protection Regulations, we are only legally able to process your personal data if we have a lawful ground for doing so.
Our lawful grounds of processing are:
- In relation to Prospect Data that we have obtained when you entered our competition that we process in order to enter you in to the draw, reply and keep records of this, you have given consent to the processing for the purpose of entering the competition and it our legitimate interests to reply to your communication and keep records for our business.
- In relation to Prospect Data that we have obtained on behalf of a third party (our competition partner), you have given consent for this to be passed to our partner for fulfilment of the prize should you win and to send you marketing communications where they are allowed by law to do so. It is their legitimate interest to reply to your communication and to keep records for their business.
- In relation to Marketing Data that we have obtained when you told us your marketing preferences, when you consented to us sending you our e-Newsletter, for the purpose of us sending you marketing communications, enabling you to take part in our competitions, prize draws and free give-aways, to deliver relevant website content and advertisements to you and measure and understand the effectiveness of this advertising, the processing is necessary for our legitimate interests which in this case are to study how customers and end users, use our products/ services, to develop them to grow our business and to develop our marketing strategy.
- In relation to user data that we have obtained through cookies on our website or other online services that we have developed for the purpose of operating our website, ensuring relevant content is provided to you, ensuring the security of our website, maintaining back-ups of our website and /or database and to enable publication and administration of our website other online services and business. The processing is necessary for the purposes of our legitimate interests which in this case are to enable us to properly administer our website and our business.
- In relation to Technical Date (that includes data about your use of our website and online services such as your IP address, details about your browser, Data on length of visit to pages of our website, page views and navigation paths and details on the number of times you use our website, time zone settings and other technology on the device you use to access our website). We process this data to analyse your use of our website and other online services to administer and protect our 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 allow us to properly administer our website and our business and to grow our business and to decide on our marketing strategy.
- In relation to your data we process in order to comply with legal requirements or as required by a Government authority, the process is necessary for compliance to a legal obligation to which we are subject.
- In relation to keeping records, this processing is either necessary for compliance with a legal obligation that we are subject to, or for our legitimate interests in responsible business operations or defending, pursuing or establishing a legal claim.
We do not collect any Sensitive Data about you. Sensitive data refers to data which includes details about your race and ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, genetic and biometric data.
We do not collect any information about criminal convictions or offences.
We do not carry out automated decision making or any type of automated profiling.
5. How do we collect your personal data
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.
We may also receive data from publicly available sources such as Companies House and the electoral register based inside the EU.
6. Marketing communications
Our lawful grounds for processing your personal data are either your consent or our legitimate interests (namely to grow our business).
Under the Privacy and Electronic Communications Regulations, we may only send you email or text marketing communications if (i) You made a purchase form us or asked for information from us about our goods or services, (ii) You agree to receiving 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 communications without your consent. However, you can opt out or receiving marketing communications from us at any time.
Before we share your marketing data with a third party for marketing purposes we will get your express consent.
You can ask us or third parties to stop sending marketing communications at any time by emailing us at firstname.lastname@example.org. We also have unsubscribe buttons on the bottom of all our emails.
7. 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 systems administration services
- Professional advisers including lawyers, bankers, accountants, auditors and insurers.
- Government bodies that require us to report processing activities or oteherwise disclose your personal data.
- Third parties to whom we transfer or merge our assets with.
We require all third parties 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.
8. 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 being per of the EU-US Privacy Shield, we may also transfer data to them, as they have equivalent safeguards in place; or
- Wheer we use certain service providers who are established outside of the EEA, we may use specific contracts or code of conduct or certification methods approved by the European Commission which give personal date the same protection it has in Europe.
If non of the above safeguards is available we may require your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.
9. Data security
We have put in place security measures to prevent your personal data from being accidentally lost, use, 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 breech and will notify you and any applicable regulator of a breech if we are legally required to.
10. Data retention
We will only retain your personal information 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 it’s amount, nature and sensitivity. Potential risk of harm for unauthorised use or disclosure, the processing purposes if this can, be achieved by other means and requirements
For tax purposes the law requires up to keep basic information about our customers (including contact, identity, financial and transactional data for 6 years after they stop
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.