TERMS AND CONDITIONS OF BUSINESS

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 020 8064 0343.

Application

1. These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by PIBOB Consulting Limited a company registered in England and Wales under number 13760166 whose registered office is at Locke King House, 2 Balfour Road, Weybridge, KT13 8HD with email address office@pibobgroup.com; telephone number (020 8064 0343) (we or us or Service Provider) to the person buying the services (you or Customer).

2. 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.

3. 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.

Interpretation

4. A "business day" means any day other than a Saturday, Sunday or bank holiday in England and Wales.

5. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.

6. Words imparting the singular number shall include the plural and vice-versa.

7. Contract means the legally binding agreement between you and us for the supply of the Services. 

8. Order means the Customer's order for the Services from the Supplier as set out in the Customer's order or in the Customer's written acceptance of the Service Provider’s quotation. 

Services

9. 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.

10. 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.

11. All these Terms and Conditions apply to the supply of any Services unless we specify otherwise.

12. In the case of Services to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

13. The description of the Services is as set out in our website, catalogues, brochures, or other forms of advertisement is for illustrative purposes only.

14. All Services are subject to availability. 

Customer obligations

15. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, and provide us with all information required to perform the Services and obtain any necessary permissions, consents, and licenses (unless otherwise agreed). 

16. Failure to comply with the clause 15 is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you

17. 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 (Customer Obligations).

Basis of sale

18. The description of the Services on our website, catalogues, brochures, or another form of advertisement does not constitute a contractual offer to sell the Services. 

19. Any inspection carried out during site visits as part of our services will be strictly visual and non-intrusive only unless prior arrangements have been agreed. 

20. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.

21. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 90 days from its date or as stated in the quotation unless we expressly withdraw it at an earlier time.

22. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

Fees 

23. The fees (Fees) for the Services are set out in the quotation.

24. In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travel 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.

25. 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 hourly rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 23 also apply to these additional services.

26. The Fees are inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.

Payments

27. We will invoice you for payment of the Fees either:

a. when we have completed the Services; or

b. on the invoice dates set out in the quotation or as agreed.

28. You must pay the Fees due within 14 days of the date of our invoice or as stated on the invoice (whichever is earlier) or otherwise in accordance with any credit terms agreed between us.

29. Time for payment shall be of the essence of the Contract.

30. 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 month above the base lending rate of the Bank of England from time of the invoice due date to time on the amount outstanding until payment is received in full.

31. 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.

32. 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.

33. Receipts for payment will be issued by us only at your request.

34. All payments must be made in British Pounds unless otherwise agreed in writing between us.

Cancellation and amendment

35. 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 90 days from the date of the quotation, (unless the quotation has been withdrawn).

36. Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation unless agreed upon in writing by us. 

37. 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.

38. 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.

Sub-Contracting and assignment

39. 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.

40. 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.

Delivery 

41. We will deliver the Services by electronic means by the time or within the agreed period or within a reasonable time. 

42. Completed packages or works from our services will be issued on the settlement of the outstanding amount as per the invoice. 

43. We reserve the right to withhold our completed services package and associated liabilities set out in the clause below (Liability and indemnity) until the outstanding amount as per the invoice is settled. 

Duration, termination, and suspension

44. We can terminate the provision of the Services immediately if you:

a. commit a material breach of your obligations under these Terms and Conditions; or

b. fail to make pay any amount due under the Contract on the due date for payment; or

c. 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

d. enter a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or

e. 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, and any documents are filed with the court for the appointment of an administrator in respect of you, a 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.

45. The Contract continues as long as it takes us to perform the Services.

Intellectual property

46. We reserve all copyright and any other intellectual property rights which may subsist in any works 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

47. 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 section.

48. The maximum amount of our liability and indemnity is limited to 35 times of our fees. 

49. 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:

a. any indirect, special or consequential loss, damage, costs, or expenses or;

b. 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

c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or

d. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or

e. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services. 

50. 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.

51. 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.

Privacy and data protection

52. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

53. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy which can be found on our website (www.pibobgroup.com). 

54. For the purposes of these Terms and Conditions:

a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.

b. 'GDPR' means the UK General Data Protection Regulation.

c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

55. We are a Data Controller of the Personal Data we Process in providing the Services to you.

56. Where you supply Personal Data to us so we can provide Services to you, and we process that Personal Data while providing the Services to you, we will comply with our obligations imposed by the Data Protection Laws:

a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

b. we will only Process Personal Data for the purposes identified;

c. we will respect your rights in relation to your Personal Data; and

d. we will implement technical and organisational measures to ensure your Personal Data is secure.

57. For any enquiries or complaints regarding data privacy, you can email us on office@pibobgroup.com.

Circumstances beyond a party’s control

58. 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 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.

Communications

59. 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).

60. All the correspondences including telecommunications are recorded and retained for a term of 12 months for improving processes and quality in the way we deliver our services as well as evidence in case of any disputes. 

61. Notices shall be deemed to have been duly given:

a. when delivered, if delivered by courier or other messengers (including registered mail) during the normal business hours of the recipient.

b. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated.

c. on the fifth business day following mailing, if mailed by national ordinary mail; or

d. on the tenth business day following mailing, if mailed by airmail.

62. 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 Wavier

63. 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.

Severance

64. 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).

Governing laws, jurisdiction and complaints

65. 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.

66. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland respectively.

67. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.

Last updated Aug 2023