Products and services included on the Univiz Ltd website are intended for business use only, and not for consumers, or individuals under 18 years of age.
If we make a contract to directly supply you with products, product licences and services that contract is governed by these Conditions and other relevant documentation including our invoice/dispatch note.
Any other third party products or services described on our site are supplied by the relevant third party and subject to that third party's terms and conditions. Even where third party products or services are co-branded by us and / or bundled with our own services, we do not endorse them, warrant the accuracy of third party information about those products or services, or warrant the quality or suitability of those products or services for your use.
We are : Univiz Limited
Our address is: 7 Darwin Court, Hawking Place, Blackpool Technology Park, Blackpool, FY2 0JN
Our contact details:
Please use our 'Contact us' form to email us..
Our telephone number is: 0871 218 0494
Our fax number is: 0871 218 0495
You may write to us at the above Darwin Court address.
If you wish to visit us, please make an appointment as the office is not always manned.
Registers: We are a limited company registered in England and Wales under company registration number 06633575.
The Companies House register can be found at http://www.companieshouse.gov.uk/
Our VAT registration number is GB937643885
Terms and Conditions contents:
1. Definitions
2. How to conclude a Contract with us
3. Other information about the Contract
4. Price of the Products and Services and Payment
5. Intellectual property rights in the Products and Services
6. Delivery of Products and Services
7. Cancellation and Returns
8. Exclusions and Limitations
9. Confidential Information
10. Indemnity
11. General
1. Definitions
Acceptance means an Electronic Communication from us accepting your Order.
Conditions means these standard terms and conditions for our supply of Products and/or Services.
Consumer means a person acting for purposes which are outside his or her business.
Contract means the contract between us for the licensing of Software and/or the sale of other Products and/or the supply of any Services (collectively, the "supply"), as set out in Condition 3.1.
Electronic Communication means an electronic communication between us by fax or e-mail.
Order means your contractual offer to buy Products or Services from us by placing an order through our Website.
Products means Software and other products as listed on this website.
Services means the services as listed on this website.
Software means digital downloads and licences for the use thereof, as listed on this website.
Specific Terms means terms which apply specifically to the Products (such as those in a software licence) or Services, and which are separate from these Conditions.
Website means Univiz Limited's website currently at http://www.univiz.net.
2. How to conclude a Contract with us
2.1. These are the steps you need to take to conclude a Contract with us.
(A) Check variable information such as prices
2.2. We will display on our Website certain variable information which you will need to know before you place your Order, such as the range and descriptions of Products and Services and their current prices (exclusive of VAT). This information may also be available outside the Website, for example in printed documentation or supplied over the telephone by our sales staff.
2.3. Note that this variable information is known as an "invitation to treat" and not a contractual offer from us which you may accept. This means we reserve the right to correct any errors in that information without any liability to you. It also means that in no circumstances will we be contractually bound to supply you with Products or Services on the basis of any incorrect information, even if that information is repeated in your Order.
(B) Make sure you read and understand our terms
2.4. It is your responsibility to read the legal terms on our Website carefully and to raise any problems with us before you place your Order. That includes these Conditions and privacy policy.
2.5. Please note that the products and serives listed on this website are intended for businesses and not Consumers and that you may not use our Shopping Channel if you are under 18 years of age. If you accept the legal terms referred to in Condition 2.4 on behalf of a corporate buyer, you represent that you are authorised to do so. If you are not so authorised, nor deemed in law to have such authority, you assume sole personal liability for the obligations set out in those legal terms.
(C) Placing your Order
2.6. You will be responsible for selecting the Products and/or Services you wish to buy, for supplying your company name and address, for telling us how you wish to pay and for giving us any other information we request to enable us to fulfil your Order and comply with the Contract. All information you submit to us must be adequate, relevant, accurate and up to date.
2.7. You may pay online by credit or debit card via third party payment processors who handle this function on our behalf. Whilst payment online is our preferred method you may alternatively pay by cheque or bank transfer if you prefer. Please contact us beforehand for details. In any event, payment must be received and cleared before any products or services are supplied.
2.8. When you have completed your Order, you will be shown a copy on screen. You will also receive an emailed confirmation. It is your responsibility to check your Order carefully to identify any errors and to notifiy us of any correction you wish to make by return email.
2.9. We will acknowledge receipt of your Order by e-mail. This is not our Acceptance of your Order, but a confirmation of its receipt.
(D) Wait for our Acceptance of your Order
2.10. You may not assume we have accepted your Order until we send you an Acceptance. Only if and when you receive our Acceptance will we have made a binding legal Contract with you.
2.11. You may receive an acknowledgement from our payment processor, advising you whether or not your credit or debit card payment has been authorised. This acknowledgment relates to your payment only and is not our Acceptance of your Order.
2.12. We will be entitled to refuse to accept your Order if in our sole discretion we consider it necessary. If that happens we will let you know as soon as we can. If we accept your Order, we will send you an Acceptance without undue delay.
2.14. Once we have entered into a Contract with you in accordance with this Condition 2, we shall supply you with the Products and Services that you specified in your Order in accordance with the terms of the Contract.
3. Other information about the Contract
3.1. We can only conclude the Contract with you in English, and not in any other language.
3.2. The Contract between us will consist of (1) these Conditions (including our privacy policy), (2) your Order and (3) our Acceptance (the consideration for which shall be payment of the price in accordance with Condition 4). There can only be a Contract between us if all these elements are present. If there are applicable Specific Terms, these will also be included in the Contract.
3.3. The Products and/or Services we supply to you shall be subject to any restrictions set out on our Website or in the Contract. If we provide you with a Service via our Website, you must abide by our terms of use and any acceptable use policy or other applicable terms on the Website. For other Services, you must comply with any terms we notify to you, e.g. health and safety regulations for a Service provided to you face-to-face such as in a training session or a workshop.
3.4. We will not file the concluded Contract between us on line and you should therefore print out and retain copies of each element of the Contract. You will receive a copy of any Special Terms with the Product or service. The current version of these Conditions, and our privacy policy are available on our Website.
3.5. You may only cancel an Order that we have accepted or cancel the Contract in the circumstances set out in Condition 6 below.
3.6. These Conditions shall take precedence over and exclude any other terms and conditions you seek to impose. If there is a conflict between the Specific Terms and these Conditions, the Specific Terms shall take precedence.
3.7. You may not vary these Conditions unless an authorised representative of ours agrees in writing.
3.8. We may update or change these Conditions from time to time without notice and the date of the most current version is that set out at the bottom of these Conditions. You must read them each time you place an Order with us through our Website.
3.9. We also reserve the right to make any changes without notice to our privacy policy, terms of use, other information on our Website and the specification of the Website in order to comply with any applicable legal or regulatory requirements, in the interests of good business practice, or to improve the design or functionality.
3.10. If you are a Consumer then your legal rights are not affected by these Conditions or the Contract.
4. Price of the Products and Services and Payment
4.1. The price of the Products and Services will be calculated in pounds sterling and will be shown to you on our Website at the bottom of your accepted Order.
4.2. The prices on our Website are exclusive of Value Added Tax ("VAT"). Your Order will show VAT both as a separate item and as included in the total price.
4.3. Subject to our obligation to supply the Products and Services at the price stated in a Contract we reserve the right at any time to increase the list prices of the Products and Services and to change the range of Products and Services available. We will endeavour to give you as much notice as we can of changes to the range and any increase in prices.
4.4. If you fail to make any payment on the due date then, in addition to any other right or remedy available to us, we shall be entitled to
4.4.1. cancel the Contract or suspend the performance of any Services; and
4.4.2. take any payment made by you against such of the Products and Services as we may think fit; and
4.4.3. exercise our legal right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 and subsidiary legislation as amended from time to time together with compensation for debt recovery costs.
5. Intellectual property rights in the Products and Services
5.1. You acknowledge that the copyright and any other intellectual property rights in the Products and/or Services remain with their respective owners, and may not be used by you for any purpose other than your lawful use and in accordance with the Contract.
6. Delivery of Products and Services
6.1 Sage Addon Programs - these are delivered electronically as digital downloads. Most have 30 day trial versions for you to try and make sure that they meet your requirements before purchasing. Full licences are supplied by email when payment has been received and cleared - see also the 'Returns and Cancellation' section below
6.2 Training & Consultancy - is supplied either at your own premises, online via the internet or at our premises, according to your order and our acceptance of your order. Payment in full is required before all training and consultancy session irrespective of how they are to be supplied - see also the 'Returns and Cancellation' section below
6.3 Services, including accounts, payroll and secretarial bureau, online and remote office services are supplied according to your order and our acceptance of your order. All of these services are supplied on a 'Pay-as-you-Go' principle. If there are insufficient funds in your account, then the services will be suspended until such time as your account is brought up to date - see also the 'Returns and Cancellation' section below
7. Returns and Cancellation
Returns
7.1. We want you to be completely satisfied with the Products and/or Services you buy from us. If you are unhappy or wish to complain, then please contact us, or write to us at the address above so that we can discuss your concerns.
7.2 Digital Downloads cannot by their very nature be returned. If you experience technical problems accessing a download or using the
item you purchased, please contact us and we will be happy to help you troubleshoot the problem. 30 day trial programs are available for most so that you can ensure that they will meet and satisfy your requirements before purchasing. Where these trial versions are available you are strongly recommended to use and test these before purchasing the actual product.
7.3. If any Specific Terms accompanying the Product or Service (such as a software licence agreement) contain terms about returning that Product or Service, the returns policy in the Specific Terms shall apply in place of the above term.
Our rights to cancel
We may cancel your Order and any Contract or suspend services if:
7.4.1. you order Products or Services that become unavailable, in which case we are not obliged to provide substitute software or substitute services but shall inform you of the unavailability, or
7.4.2. you do not pay us the price due for the Products and/or Services by the due date, or
7.4.3. you are either not able or not authorised to enter into the Contract with us.
If we wish to cancel your Order and any Contract for a Product or Service or suspend your services, we will contact you first to discuss this.
Your rights to cancel
7.5. Digital Downloads - You may cancel your order by notifying us by email, providing we have not issued you with your final registration key. By 'issuing' means transmitting to you via email your final registration key whether or not you have received or opened the email.
7.5.1 Training & Consultancy at your premises - You may cancel any on-site training and consultancy by notifying us by email at least 7 days prior to the date booked for the training and consultancy. You will have the option to reschedule or receive a full refund less a £10 administration fee.
If you cancel and rescheule the same training and consultancy session a second or subsequent time you will be liable for a £10 administration fee.
If you wish to cancel your on-site training and consultancy within 7 days of the date booked for the training and consultancy you will be liable for a 15% cancellation fee.
7.5.2. Bureau services including secretarial, accounting, payroll, remote office and online office - You may cancel by giving one month's notice by email. For any services we provide that include third party services e.g. online office you will also be liable to the third party's cancellation policy that will have been made available to you separately.
8. Exclusions and Limitations
8.1. We shall not be liable under or in relation to this Contract or its subject matter (whether such liability arises due to negligence, breach of contract, misrepresentation, or for any other reason excluding fraudulent misrepresentation) for any technical, factual, textual or other typographical inaccuracies, errors or omissions in information on the Website, for the unavailability of the Website (or any part of it), for any delay in providing or failing to supply the Products or Services, for loss or damage to the Products which occurs during transit (as risk in the Products passes from us to you on despatch) or for any loss of profits, loss of business, loss of anticipated savings, loss of sales or turnover, loss of, or damage to reputation, loss of contract, loss of customers, loss of, or loss of use of any software or data, loss of use of any computer or other equipment or plant, wasted management or other staff time, losses or liabilities under or in relation to any other contract or any indirect, consequential loss or damage (including loss or damage suffered by you as a result of an action brought by a third party) whether that loss:
8.1.1. arises naturally from any breach of the Contract by us; or
8.1.2. was reasonably anticipated or contemplated by both of us when we entered into this Contract; or
8.1.3. is one which you specifically informed us was a likely consequence of a breach by us prior to that breach, and any implied warranties are excluded to the maximum extent permitted by law. For the purpose of this Condition, the term "loss" includes a partial loss or reduction in value as well as a complete or total loss.
8.2. We expressly agree that should any limitation of liability Condition or provision contained in the Contract be held to be invalid under any applicable legislation (primary or otherwise) or rule of law by reason of some part of that Condition or provision it shall, to that extent, be deemed omitted, but if we thereby become liable for loss or damage which would otherwise have been excluded or limited, as the case may be, such liability should be subject to the other applicable limitations and provisions set out in these Conditions.
9. Confidential Information
You should be aware that with the exception of credit card numbers and the information we specifically request of you to enable us to enter into a contract with you, we do not wish to receive any information of a confidential or proprietary nature from you through this Website. Any such information you send to us will be deemed by us not to be confidential in nature and you will have granted us an irrevocable licence to use, display, modify, transmit or distribute such information in any manner we shall reasonably decide. To learn more about how we deal with personal information, such as names and addresses, see our privacy policy.
10. Indemnity
You agree to indemnify us and hold us, our employees, affiliates, agents, business partners and employees harmless from any claim or demand, including reasonable legal fees, made by a third party arising out of content you submit or transmit to this Website, your use of the Website or your breach of these terms and conditions.
11. General
11.1. We may perform any of our obligations or exercise any of our rights ourselves or through any third party provider.
11.2. Any notice which is given under these Conditions shall be either by Electronic Communication or if by you, by pre-paid recorded delivery, addressed to us at the address in these Conditions and if by us by first class post addressed to you at the delivery address on your Order. Legal proceedings must be served by first class post or pre-paid recorded delivery only.
11.3. Any Electronic Communication, including your Order, our acknowledgment of receipt of your Order and our Acceptance shall be deemed to be received when the party to whom the Electronic Communication is addressed is able to access it.
11.4. If we choose to ignore a breach by you of these Conditions on one occasion, we may still take issue with you if you breach of the same or any other Condition after that.
11.5. If a court decides that any of these Conditions is legally unacceptable or ineffective in whole or in part, that shall not affect the other Conditions or part Conditions.
11.6. A person who is not a party to the Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to the benefit of any of these Conditions, unless we agree otherwise in writing.
11.7. The laws of England shall govern the Contract, and you agree to submit to the non-exclusive jurisdiction of the English courts.
see also: Privacy Policy | Terms of Use | Disclaimer
(Univiz Ltd Terms and Conditions version 1.1 - November 2008)
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