Terms and Conditions
Access to this website is confirmation that you have understood and agree to be bound by all of these terms and conditions. The information provided on this website is for the use of residents of the United Kingdom only.
While epcs4U.com uses reasonable efforts to ensure that the information contained on its website is current and accurate at the date of publication, no warranties are made, either express or implied, as to reliability, accuracy or completeness of the information. Epcs4u.com accepts no liability for any loss arising directly or indirectly from the use of or action taken in reliance on such information. These documents should not be copied, reproduced or redistributed, in whole or in part.
No warranty is given as to the freedom of this website from errors, defects, viruses, malicious programs or macros. Links from this website exist for information only and epcs4U.com accepts no responsibility or liability for the information contained on any such site. The existence of a link to another website does not imply or express endorsement of its provider, product or services by epcs4u. Links to this website are not permitted without the prior written consent of epcs4u.com.
Copyright
All contents of this website, including but not limited to the text, graphics, links and sounds, are the copyright of epcs4U.com and may not be copied, distributed, uploaded, republished, decompiled, disassembled or transmitted in any way without the prior, written consent of epcs4U.com.
1.0 Definitions
"epcs4u.com" means the website and its content www.epcs4u.com
"Client" means the person or company registering as a DEA (Domestic Energy Advisor) or advertising on the website.
"Agreement" means the agreement between epcs4u.com and the customer on these terms and conditions and any special conditions.
2.0 Agreement
By completing an entry into epcs4u.com the customer accepts these terms and authorizes epcs4u.com to publish clients’ entries in epcs4u.com.
3.0 Obligations of clients
3.1 To indemnify epcs4u.com against all losses, costs, claims, damages or other expenses that epcs4u.com incurs as a result of breach by the client of any of these terms, or as a result of any third party claims which epcs4u.com receives as a result of the listed entries or advertisements.
3.2 To acknowledge that epcs4u.com retains full editorial control over all listed entries and advertisements and that epcs4u.com will own all copyright in the listed entries and advertisements, with the exception that epcs4u.com will not own any customer branding.
3.3 To provide all materials for the listed entries and advertisements (including, without limitation, GIF, EPS and JPEG files) in accordance with the procedures required by epcs4u.com from time to time.
3.4 All fees / charges due to epcs4u.com will be paid at the time of registering online.
4.0 Obligations of epcs4u.com
4.1 To use reasonable endeavors to ensure that listed entries and advertisements feature in epcs4u.com for the specified duration.
4.2 To use reasonable endeavors to ensure that epcs4u.com is accessible to users of the World Wide Web, 365 days a year, 24 hours a day. However, epcs4u.com will not be liable if for any reason the site is unavailable at any time or for any duration.
4.3 epsc4u.com does not guarantee any level of response to listed entries and advertisements.
5.0 Rights of epcs4u.com
5.1 The client warrants that the listed entry or advertisement is not unacceptable. If epcs4u.com at any time considers that any entries or advertisements are unacceptable, epcs4u.com may remove the entry or advertisement from eps4u.com.
5.2 The Customer warrants that the customer branding will not infringe the intellectual property rights of any third party.
5.3 epcs4u.com reserves the right to change the format, style and layout of epcs4u.com as and when it sees fit.
5.4 epcs4u.com reserves the right to terminate this contract with immediate effect without written notice of this to clients.
5.5 epcs4u.com reserves the right to remove listed entries from epsc4u.com without giving the client notice.
5.6 epcs4u.com may pass your details to organisations involved in EPCs but will always inform you before doing so.
6.0 Fees
6.1 The fees payable to epcs4u.com are specified at the time of registering.
6.2. Fees are clearly displayed and are subject to change at the discretion of epsc4u.com.
6.3 Any failure by the client to pay any fees due under the Terms & Conditions on the date specified shall be deemed to be a ‘material breach’ of Terms & Conditions. Epcs4u.com, will exercise our statutory rights to claim interest and compensation for debt recovery and costs under the late payment legislation if the client does not pay in accordance to the agreed terms and conditions.
6.4 If the client is overdue with any payments hereunder, then without prejudice to epcs4u.com other rights and remedies the client shall be liable to pay to epcs4u.com a flat fee of £15 for each correspondence as well as interest on the amount payable at an annual rate of 8% (according to the Late Payment of Commercial Debts Regulations 2002) above the prevailing base rate of Barclays Bank Plc, which interest shall accrue on a daily basis from the date payment becomes overdue until epcs4u.com has received payment of the overdue amount together with interest.
7.0 Liability
7.1 epcs4u.com shall not be liable to the clients for any indirect or consequential losses or damage suffered by the clients including (without limitation) any loss of profits, contracts, revenue, goodwill, business, savings or opportunity irrespective of whether epcs4u.com knew or should have known of the possibility of that loss.
7.2 epcs4u.com shall not be liable for any losses, damages, expenses (including, without limitation, any costs of finding replacement advertising space) suffered or incurred by the clients as a result of epcs4u.com not being accessible to users of the world wide web for any period of time.
7.3 Nothing in these terms and conditions shall operate to limit the liability of either party for any death or personal injury caused by its negligence or that of its employees. In all other events the limit of epcs4u.com liability for any losses, expenses or damages incurred by the Customer or Firms in relation to this agreement (whether on tort, contract or otherwise) shall be equal to the price paid by the clients to epcs4u.com under this agreement.
7.4 epcs4u.com shall not be liable for any delay in or non-performance of its obligations under this Agreement to the extent that such delay or non-performance is due to any cause beyond its reasonable control including but not limited to the acts, defaults, or omissions of suppliers or sub-contractors, failure of any telecommunications or power network, war, undeclared hostilities, terrorism, industrial action and acts of God.
8.0 Other Conditions
8.1 Even if the client is acting as an agency or other representative, it enters into this agreement in its own right as principal and not agent.
8.2 The client shall not assign, transfer or resell its rights under this agreement.
8.3 Unless otherwise stated, the positioning of listed entries and advertisements is to be determined by epcs4u.com.
8.4 Content of listed entries is the responsibility of clients.
8.5 All entries submitted by clients should be done online at the time of registering.
8.6 All listed entries will run for a period of 1 year from that date of going live, entries and advertisements will be renewed automatically unless directed by clients.
8.7 epcs4u.com recommends that customers do not let a DEA into their home without first checking their identity card.
9.0 Exclusion of Third Party Rights
Unless expressly provided in this agreement, no term of this agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
10.0 Governing Law
This Agreement shall be governed by and construed in accordance with English law and the parties submit to the non-exclusive jurisdiction of the English courts.
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