Service Terms & Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the services (Services) listed on our website www.customerseal.com (our site) to your company or business (you). Please read these terms and conditions carefully before ordering any Services from our site. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Services from our site.

1. Information about us

1.1 www.customerseal.com is a site operated by Customer Seal Limited (we/us/our). We are registered in England and Wales under company number 06961230 and with our registered office at Tamar Science Park, 1 Davy Road, Plymouth, Devon, PL6 8BX. Our main trading address is Tamar Science Park, 1 Davy Road, Plymouth, Devon, PL6 8BX. Our VAT number is 980 6987 59.

2. Your status

2.1 By placing an order through our site, you warrant that:

2.2 You are legally capable of entering into binding contracts on behalf of the company or business for whom the Services are to be provided; and

2.3 You are at least 18 years old; and

2.4 You have provided us with the details of a valid credit or debit card, registered to your home or business address, and you authorise us to process a charge or charges to such card; and

2.5 You consent to us contacting you without notice at such times as we see fit in order to provide the Services. You agree that we may appoint third parties to perform tasks for delivery of the Services and you irrevocably accept such appoint without restriction; and

2.6 You agree to honestly complete any questionnaire or other paperwork that we may provide to you from time to time; and

2.7 You agree that we may contact you by telephone to perform the Services and you further agree that we may record such conversations for the purposes of training and providing feedback to you; and

2.8 You are not a consumer within the meaning given to it under the Consumer Protection (Distance Selling) Regulations 2000 and as such have no rights of cancellation.

3. How the contract is formed between you and us

3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to provide the Services. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms we will provide the Services (the Service Confirmation). The contract between us (Contract) will only be formed when we send you the Service Confirmation.

3.2 The Contract will relate only to those Services whose dispatch we have confirmed in the Service Confirmation. We will not be obliged to supply any other services which may have been part of your order until confirmed in a separate Service Confirmation.

4. Consumer rights

4.1 You acknowledge that the Services are being provided to you in the ordinary course of business and you have no rights of cancellation.

4.2 We agree that you may receive a refund for the Services in accordance with our refund policy contained on our website [http://www.customerseal.com/refund-policy]. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

5. Availability and delivery

5.1 We aim to deliver the Services within one year of the Service Confirmation being sent to you.

5.2 The Services shall be split into two parts. In the first three one month, commencing on the date of the Service Confirmation, we will carry out an initial test of your customer services. We will then carry out a further test within the period of one year at such time as we may determine.

5.3 The Services will be provided on the basis of our in-house audit scoring system, StoreScore™ [http://www.customerseal.com/storescore].

5.4 We agree that you may publish the Customer Seal trade mark on your website once we have confirmed to you that you have passed the audit forming the Services. If you publish the Customer Seal trade mark you warrant that you accept the terms and conditions contained in our Trade Mark Licence and will publish the trade mark in accordance with those terms [http://www.customerseal.com/trademark-license].

6. Price and payment

6.1 The price of any Services will be as quoted on our site from time to time, except in cases of obvious error.

6.2 All prices are exclusive of VAT unless specifically mentioned.

6.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Service Confirmation.

6.4 Payment for all Services must be by credit or debit card. We accept payment with [Visa, Visa Electron, Visa Debit, Maestro, Mastercard and Solo].

7. Our liability

7.1 We warrant to you that any Service provided by us will be provided within reasonable time and using reasonable care and skill.

7.2 Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the price paid for the Services.

7.3 This does not include or limit in any way our liability:

7.3.1 For death or personal injury caused by our negligence;

7.3.2 For fraud or fraudulent misrepresentation; or

7.3.3 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

7.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to:

7.4.1 loss of income or revenue

7.4.2 loss of business

7.4.3 loss of profits or contracts

7.4.4 loss of anticipated savings

7.4.5 loss of data, or

7.4.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise , even if foreseeable;

provided that this clause shall not prevent claims for direct financial loss that are not excluded by any of categories (1) to (7) inclusive of this clause 7.4.

8. Written communications

8.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

9. Notices

9.1 All notices given by you to us must be given to Customer Seal Limited at info@customerseal.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 8. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

10. Transfer of rights and obligations

10.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

10.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

10.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

11. Events outside our control

11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

11.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

11.2.1 Strikes, lock-outs or other industrial action.

11.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

11.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

11.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

11.2.5 Impossibility of the use of public or private telecommunications networks.

11.2.6 The acts, decrees, legislation, regulations or restrictions of any government.

11.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

12. Waiver

12.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

12.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

12.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 9.

13. Severability

13.1 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

14. Entire agreement

14.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

14.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

14.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

15. Our right to vary these terms and conditions

15.1 We have the right to revise and amend these terms and conditions from time to time.

15.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Service Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Services).

16. Law and jurisdiction

16.1 Contracts for the purchase of Services through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.