EOS Solutions UK PLC, Terms and Conditions governing the use of the online payment tool.
In this document the following words shall have the following meanings:
- "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
- "Customer" means any person who purchases Services from the Supplier;
- "Proposal" means a statement of work, quotation or other similar document describing the services to be provided by the Supplier;
- "Services" means the services specified in the Proposal;
- "Supplier" means EOS Solutions UK PLC of 2 Birchwood Office Park, Crab Lane, Fearnhead, Warrington, WA2 0XS.
- "Account Management System" means the system used to securely hold and process customer information in relation to the services provided by the Supplier.
- "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
These Terms and Conditions shall apply to all contracts for the supply of Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
- Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
- Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Services, by virtue of any statute, law or regulation.
- Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.
- All payments will be processed in GBP.
- We are unable to accept Cards that are due to expire within the next 5 Days. Card Details are checked and verified by a third party and payment processed once authorisation has been obtained.
- We accept all major credit and debit cards (with the exception of American Express).
- PAYMENT PROCESSING
- All payments will be processed immediately by our online transaction services.
- Account balances are adjusted in real time, although there may be slight delay in updating the Supplier’s Account Management System. All payments will be processed immediately and will be recorded as a ‘Pending Payment’ should the Customer view account details prior to the payment information being updated.
- REFUNDS, CANCELLATIONS AND REPLACEMENTS
- Requests for refunds can only be made by writing to EOS Solutions UK PLC, 2 Birchwood Office Park, Crab Lane, Fearnhead, Warrington, WA2 0XS.
- If the Customer chooses to cancel the Payment, the Account Management System will be updated to reflect the cancellation.
- Replacements are not applicable under the terms of this agreement.
- CUSTOMER'S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
- Co-Operate with the Supplier;
- Provide the Supplier with any information reasonably required by the Supplier;
- SUPPLIER'S OBLIGATIONS
- The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
- The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
- The Supplier provides the following guarantee(s) in relation to the Services carried out:
- LIMITATION OF LIABILITY
- Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Services.
- The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
- For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
- FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
- GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the courts.