Terms and Conditions
"Agreement" means these terms and conditions together with the Order;
"IMS24" shall mean IMS24 Ltd, a company incorporated in England and Wales under company number 06444980.
"Friends of the 40's", "Friends of the Forties" and "FOTF's" are trading names of IMS24.
"Customer" shall mean any Customer of IMS24 in respect of the Service;
"Order" shall mean any request by the Customer to provide Service regardless of whether the request is submitted via the IMS24 online sign up page or via telephone;
"Service" shall mean the products or services offered by IMS24 and specified in the relevant Order;
"Website" shall mean the website at http://www.friendsofthe40s.com
1 Customer Order
1.1 These terms and conditions apply to the Customer's Order for services and apply in addition to IMS24's standard terms and conditions of trading.
1.2 IMS24 reserves the right not to accept an Order at its discretion.
1.3 Services are provided in accordance with each Order.
1.4 Orders will only be accepted if submitted via the IMS24 website or by telephone.
1.5 Orders must not be considered as received or accepted by IMS24 unless the Customer has received acknowledgement by telephone or email from IMS24.
2 Charges and Credit Terms
2.1 IMS24 only accepts payment by some debit cards, credit cards, cheque or BACS.
2.2 On the date that the Customer places an order, IMS24 shall invoice the Customer for the Service Charges.
2.2.1 All amounts due under this Agreement to be paid by the Customer to IMS24 shall be paid in full (without deduction or withholding except as required by law) and the Customer shall not be entitled to assert any credit, set-off or counterclaim against IMS24 in order to justify withholding payment of any such amount in whole or in part;
2.2.2 The full payment shall be made at the time of order;
2.2.3 Where the Customer disputes any amount due under an invoice the Customer shall notify IMS24 in writing within 7 working days of receiving the invoice. The parties hereby agree to act in good faith and use reasonable endeavours to resolve the disputed sum within 14 days of notification of the dispute by the Customer. IMS24 reserves the right to suspend the Service if the dispute is not resolved within the 14 day time period. Notwithstanding any other provision of this Agreement, IMS24 shall have no liability to the Customer for any loss or damages the Customer suffers as a consequence of such suspension.
2.2.4 IMS24 may, at their own discretion, charge interest on any overdue amounts payable from the due date (whether before or after judgment) at the rate of 5 percent per annum above the Sterling base rate of Natwest Bank PLC.
2.2.5 Any and all prices given as a Quotation are subject to change in accordance with standard terms and conditions. All Quotations are based on information supplied to IMS24 by the Customer. In delivering the Service additional and supplemental work may be required and the Customer agrees to pay such additional amounts subject to their prior to approval.
2.3 IMS24 reserves the right to charge for debt collection, following failure to pay by the Customer.
3.1 IMS24 may terminate this Agreement by notice, such notice to take effect forthwith if:
3.1.1 the Customer has not paid following suspension under clause 8.3; or
3.1.2 the Customer has committed a material breach of this Agreement; or
3.1.3 the Customer fails to pay its debts when they become due; or
3.1.4 any meeting is convened for the purpose of considering a resolution, or any petition is presented or any other steps taken, for the purpose of making an administration order against the Customer, or for the Customer's winding-up or dissolution, or any similar action or steps are taken in relation to the Customer and such action or steps are not withdrawn within 30 days; or
3.1.5 any administrator, administrative or other receiver or trustee or similar officer is appointed over the Customer or any steps are taken to do the same to the Customer.
3.2 The termination or expiry of this Agreement shall be without prejudice to the rights and liabilities of either of IMS24 or the Customer accruing up to such date.
4 Data Protection
4.1 IMS24 shall be entitled to store and process personal data provided on the Order form for its internal use and for the purposes of providing the Service.
4.2 The Customer has the right to request a copy of information relating to the Customer that is held by IMS24, by written request to IMS24's customer service team.
4.3 The Customer may change appropriate personal information relevant to them held by IMS24 at any time, by advising IMS24 in writing.
4.4 From time to time IMS24 will contact the Customer about other IMS24 products and services. If the Customer does not wish IMS24 to contact them, it is their responsibility to inform IMS24.
5.1 IMS24 gives no warranty and makes no representation in respect of the Services including, without limitation, the availability of such Services save as specified in the Terms and Conditions and hereby excludes, to the fullest extent permitted by law, all conditions, warranties, terms, undertakings and representations, express or implied, whether by statute, common law or otherwise in relation to such Services.
5.2 IMS24 shall not be liable to the Customer whether in contract, tort, by statute or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage arising out of or in connection with the appointment of the Customer and/or the use of the Services:
5.2.1 loss of revenue; and/or
5.2.2 loss of anticipated savings; and/or
5.2.3 loss of business and/or goods; and/or
5.2.4 loss of goodwill; and/or
5.2.5 loss of use; and/or
5.2.6 loss and/or corruption of data and/or other information, and/or
5.2.7 downtime; and/or
5.2.8 any damage relating to the procurement by the Customer or third party Customer of any substitute services.
5.3 For the avoidance of doubt, neither the types of loss and/or damage specified in clauses 14.2.1 to 14.2.9, inclusive, nor any similar types of loss and/or damage shall constitute direct loss for the purposes of this Agreement.
5.4 In no event shall IMS24's liability to the Customer, whether in contract, tort, by statute or otherwise exceed the greater of £5,000 (five thousand pounds sterling) and the total payments received from the Customer in the previous calendar year.
5.5 Nothing in this Agreement shall exclude or restrict the liability of either party for fraudulent misrepresentation and/or for death or personal injury arising as a result of the negligence of that party, its officers, employees, agents and/or sub-contractors.
6 Force Majeure
No failure or omission by IMS24 to carry out or observe any of the terms and conditions of this Agreement shall give rise to any claim against IMS24 or be deemed a breach of this Agreement if such failure or omission arises from a cause of force majeure or any other cause beyond the reasonable control of IMS24.
7.1 No waiver by either party of any provisions of this Agreement shall be binding unless made expressly and confirmed in writing. Any such waiver shall not apply to any subsequent or other matter, non-compliance or breach.
7.2 This Agreement represents the entire understanding between the parties in relation to the matters dealt with herein and supersedes all previous covenants and representations made by either party, whether oral or written. This Agreement may only be modified if such modification is in writing and signed by a duly authorised representative of each party hereto.
7.3 This Agreement is specific and limited to the Customer and may not be assigned, sub-contracted or otherwise dealt with by the Customer without the prior written consent of IMS24.
7.4 The Customer shall comply with any and all rules, laws, statutes, enactments, orders, regulations, codes of practice and/or similar instruments applicable to the performance of its obligations under this Agreement.
This Agreement shall be governed by and construed exclusively in accordance with English law, and the parties hereby submit to the exclusive jurisdiction of the English courts.
Refund policy under Distance Selling Regulations
Your rights as a consumer:
In accordance with the law, you have a 7 day 'cooling off period' in which you have the right to cancel your order for a full refund. You do not need to give a reason for cancelling your purchase but may do so if you wish. We are obliged to refund your payment within 30 days of your cancellation.
How to cancel within the 7 day cooling off period:
Should you wish to cancel your order before activation or within 7 days of your order being placed, please either:
Contact us by phone on the number listed on our contact page at http://www.friendsofthe40s.com/index.php?page=editor or write to us at our registered address shown above.
Please include your order reference number along with your name and address.
If you paid by credit or debit card, your refund will be made directly to your credit or debit card within 30 days of your cancellation. If you paid by any other means, your refund will be made by cheque which will be posted to you within 30 days of your cancellation.