These Terms and Conditions are the standard terms for the sale of services via digital download by Key BM Ltd, trading as Key Business Marketing a private limited company registered in England under number 11055943, whose registered address is Unit 5 Drakes Courtyard, 291 Kilburn High Road, London, United Kingdom, NW6 7JR.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business Day” means, any day other than Saturday or Sunday or bank holiday;“Calendar Day” means any day of the year;
“Contract” means the contract for the purchase and sale of Services, as explained in Clause 3;
“Month” means a calendar month;
“Order” means your order for the Services, made via online payment
“Order Confirmation” means Our acceptance and confirmation of your Order as described in Clause 3;
“Pre-Contract Information” means information about Key BM Ltd, the Services, pricing, and your legal rights that We are required to provide under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 some of which will be provided telephone or email by our sales representative, and all of which will be made available to you via email or telephone.
“Price” means the price payable for the Services;
“Services” means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation);
“Special Price” means a special offer price payable for the Services; and
“We/Us/Our” means Key BM Ltd, trading as Key Business Marketing, a Private limited company registered in England under number 11055943, whose registered address is Unit 5 Drakes Courtyard, 291 Kilburn High Road, London, United Kingdom, NW6 7JR
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by email, fax or other means.
2. Information About Us
2.1 Key BM Ltd, trading as Key Business Marketing, is a private limited company registered in England under number 11055943, whose registered address is Unit 5 Drakes Courtyard, 291 Kilburn High Road, London, United Kingdom, NW6 7JR.
3. The Contract
3.2 Nothing provided by Us including, but not limited to, the information given over the telephone, sales and marketing literature, price lists and other information constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
3.3 A legally binding Contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided by email.
4.1 All Orders for Services made by you via our online shop will be subject to these Terms and Conditions.
4.2 You may change your Order at any time before We begin providing the Services by contacting Us. Requests to change Orders do not need to be made in writing.
4.3 If your Order is changed We will inform you of any change to the Price [when you contact Us, and will confirm the change] in writing.
4.4 If you change your mind, you may cancel your Order at any time either before We begin providing the Services or, subject to limitations, once the Services have begun by contacting Us. Please refer to Clauses 10 and 11 for details of your cancellation rights.
4.5 We may cancel your Order at any time before We begin providing the Services in the following circumstances:
4.5.1 The required personnel and/or required materials necessary for the provision of the Services are not available; or
4.5.2 An event outside of Our control continues for more than 14 days (please see Clause 9 for events outside of Our control).
4.6 If We cancel your Order under sub-Clause 4.5 and you have already made any payment to Us, the payment will be refunded to you within maximum 14 calendar days. If We cancel your Order, you will be informed by telephone or email and the cancellation will be confirmed in writing by email.
5. Price and Payment
5.1 The Price of the Services will be that in Our online shop at the time of your Order.
5.2 If We offer a Special Price, the Special Price will be valid for a limited period or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement. If the Special Price requires a promotion or voucher code and you are unable to provide a valid promotion or voucher code when making your Order, the Special Price will not be available to you. Orders placed during the validity period of a Special Price will be accepted at the Special Price even if We do not accept your Order until after the period has expired.
5.3 Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.
5.4 All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment from you.
5.5 Pricing and payment structures (including due dates for payment) may vary according to the nature of the Services ordered.
5.6 We accept the following methods of payment:
5.6.3 Direct Transfer
5.7 We do not charge any additional fees for any of the payment methods listed in sub-Clause 5.6.
5.8 We may charge you interest on the overdue sum at the rate of 4% per annum above the base lending rate of Bank of England from time to time.
5.9 The provisions of sub-Clause 5.8 will not apply if you have promptly contacted Us to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.
6. Providing the Services
6.1 As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in the marketing and advertising industry, and in accordance with any information provided by Us about the Services and about Us. We will begin providing the Services on the date agreed when you make your Order (which shall be confirmed in Our Order Confirmation). Please note that if you request that the Services begin within the statutory 14 Calendar Day cancellation (or “cooling-off”) period, your right to cancel may be limited or lost. Please see Clause 10 for your statutory cancellation rights.
6.2 We will continue providing the Services for a maximum period of 4 hours regardless of content length before reverting to discuss additional fees on a time basis.
6.3 We will make every reasonable effort to provide the Services in a timely manner. We cannot, however, be held responsible for any delays if an event outside of Our reasonable control occurs. Please see Clause 9 for events outside of Our control.
6.4 If We require any information from you in order to provide the Services, We will inform you of this as soon as is reasonably possible. Depending upon the exact nature of the Services you require from Us, We may require information such as your company brand assets, proof of business ownership.
6.5 If the information you provide under sub-Clause 6.4 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information that you have provided We may charge you a reasonable additional sum for that work.
6.6 In certain circumstances, for example where there is a delay in you sending Us information required under sub-Clause 6.4, We may suspend the Services (and will inform you of that suspension by telephone and writing in email.
6.7 In certain circumstances, for example where We encounter a technical problem, We may need to suspend or otherwise interrupt the Services to resolve the issue. Unless the issue is an emergency and requires immediate action We will inform you in advance by telephone and writing in email before suspending or interrupting the Services.
6.8 If the Services are suspended under sub-Clause 6.7, you will not be required to pay for them during the period of suspension. You must, however, pay any invoices that you have already received from Us by their due date(s).
6.9 If you do not pay Us for the Services as required by Clause 5, We may suspend the Services until you have paid all outstanding sums due. If this happens, We will inform you by telephone and writing in email. This does not affect our right to charge you interest under sub-Clause 5.8.
7. Problems with the Services and Your Legal Rights
7.1 We always use reasonably endeavours to ensure that Our Services are trouble-free. If, however, there is a problem with the Services We request that you inform Us as soon as is reasonable possible via by telephone and writing in email.
7.2 We will use reasonable efforts to remedy problems with the Services as quickly as is reasonable possible and practical.
7.3 We will not charge you for remedying problems under this Clause 7 where the problems have been caused by Us, any of Our agents or sub-contractors or where nobody is at fault. If We determine that a problem has been caused by incorrect or incomplete information provided by you, sub-Clause 6.5 will apply.
7.4 As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If the Services are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price. If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method. In addition to your legal rights relating directly to the Services, You also have remedies if We use materials that are faulty or incorrectly described.
8. Our Liability
8.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
8.2 We provide Services for domestic and private use (or purposes). We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind [(including resale)]. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
8.3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.
8.4 Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office
9. Events Outside of Our Control (Force Majeure)
9.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots, and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disasters, or any other event that is beyond Our reasonable control.
9.2 If any event described under this Clause 9 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions or the Contract:
9.2.1 We will inform you as soon as is reasonably possible;
9.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
9.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
9.2.4 If the event outside of Our control continues for more than 14 days. We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;
9.2.5 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible.
10. Your Statutory Right to Cancel
10.1 As a consumer in the European Union you have a statutory right to cancel your Contract with Us up to 14 Calendar Days after the Contract between you and Us is formed (as explained in sub-Clause 3.3). You may cancel your Contract with Us for any reason under this right. If you wish to cancel your Order before receiving Our Order Confirmation or if you wish to cancel the Contract after receiving the Order Confirmation but before the Services begin, sub-Clause 10.2 will not apply.
10.2 As noted in sub-Clause 6.1, if you have requested that the Services begin within the 14 Calendar Day cancellation period your statutory right to cancel may be limited or lost. By requesting that the Services begin within the statutory cancellation period you acknowledge and agree that:
10.2.1 If the Services are fully performed and sent to you for approval, regardless of whether any amendments are requested subsequently, within the 14 Calendar Day cancellation period, you will lose your right to cancel after the Services are fully performed and sent to you for approval.
10.2.2 If you cancel the Services after they have begun but are not yet complete (where applicable) you will be required to pay for the Services supplied up to the time at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that you have already paid shall be refunded subject to deductions calculated in accordance with the foregoing.
10.3 If you wish to exercise your right to cancel under this Clause 10, you must inform Us of your decision. You may do so in any way that is convenient for you. Please ensure that you inform Us of your decision to cancel before the period in sub-Clause 10.1 expires (note that the cancellation period is defined as whole Calendar Days. If, for example, you send Us an email or a letter by 23:59 on the final day of the cancellation period, your cancellation will be valid and accepted). We provide a cancellation form that you may use if you wish to inform Us in writing. Please contact Us:
10.3.1 By telephone on 02037282848;10.3.2 By email on email@example.com; or
10.3.3 By post at Unit 5, Drakes Courtyard, 291 Kilburn High Rd, Kilburn, London NW6 7JR .
10.4 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services, however you are under no obligation to provide any details if you do not wish to.
10.5 Refunds under this Clause 10 will be issued to you no later than 14 Calendar Days after the date on which you inform Us that you wish to cancel.
10.6 Refunds under this Clause 10 will be made using the same payment method you used when ordering the Services.
10.7 All valid cancellations under Claus 10 will incur a cancellation fee of £50+vat deducted from any refunds due.
11. Cancellation After the Statutory Cancellation Period
11.1 Cancellation of Services after the 14 Calendar Day cancellation period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration. You will be informed of the relevant duration and cancellation provisions by Our salespeople before you complete your Order and details will also be included in the Pre-Contract Information.
11.2 If you wish to exercise your right to cancel under this Clause 11, you must inform Us of your decision to do so. You may do so in any way that is convenient for you. We provide a cancellation form that you may use if you wish to inform Us in writing. The cancellation form and accompanying instructions is available Alternatively, Please contact Us:
11.2.1 By telephone on 02037282848;11.2.2 By email on firstname.lastname@example.org; or
11.2.3 By post at Unit 5, Drakes Courtyard, 291 Kilburn High Rd, Kilburn, London NW6 7JR.
11.3 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services, however you are under no obligation to provide any details if you do not wish to.
11.4 Eligibility for refunds may vary according to the Services ordered. In some cases you may be required to make a further payment on cancellation. You will be informed of the relevant terms by Our salespeople before you submit your Order and details will also be included in the Pre-Contract Information.
11.5 Refunds under this Clause 11 will be issued to you no later than 14 Calendar Days after the date on which you inform Us that you wish to cancel.
11.6 Refunds under this Clause 11 will be made using the same payment method you used when ordering the Services.
11.7 All valid cancellations under Claus 11 will incur a cancellation fee of £50+vat deducted from any refunds due.
12. Communication and Contact Details
12.1 If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 02037282848 or by email at email@example.com
12.2 For orders, payments and delivery please contact Us by telephone at 02037282848 or by email at firstname.lastname@example.org
13. Complaints and Feedback
13.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
13.2 If you wish to complain about any aspect of your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Services, please contact Us in one of the following ways:
13.2.1 In writing, addressed to Mr. Gary Green Unit 5, Drakes Courtyard, 291 Kilburn High Rd, Kilburn, London NW6 7JR
13.2.2 By email, addressed to Key Business Marketing email@example.com
13.2.3 By contacting Us by telephone on 02037282848
14. How We Use Your Personal Information (Data Protection)
14.1 All personal information that We may collect (including, but not limited to, your name, address, and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
14.2 We may use your personal information to:
14.2.1 Provide Our services to you;
14.2.2 Process your Order (including payment) for the Services, and inform you of new products and/or services available from Us (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time.
14.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
14.4 We will not pass on your personal information to any third parties [without first obtaining your express permission.
15. Other Important Terms
15.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
15.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
15.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
15.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
15.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
16. Governing Law and Jurisdiction
16.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales, Northern Ireland, Scotland.
16.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.
16.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England.
17. Refunds and Returns
17.1 Since www.keybusinessmarketing.co.uk/shop offers non-tangible services we do not issue refunds once the order is accomplished and the product download link is sent. As a customer, you are responsible for understanding this upon purchasing any item at our site.
17.2 However, we realise that exceptional circumstances can take place with regard to the character of the product we supply.
17.3 Therefore, we DO honor requests for the refund on the following reasons:
17.4 Specific terms stated on a specific digital product: Some digital products may explicitly state a full or partial refund is based on a satisfaction guarantee.
17.5 Non-delivery of the product: due to some mailing issues of your e-mail provider or your own mail server you might not receive a delivery e-mail from us. In this case, we recommend contacting us for assistance. Claims for non-delivery must be submitted within 7 days from the order placing date. Otherwise, the product will be considered received and downloaded;
17.6 download and unzipping issues: it may happen so that you are having problems while downloading the product or its unzipping. Claims regarding such issues must be submitted within 7 days. If you do not properly contact us during this period, you agree that we may construe silence as a successful download of the product with no further right of redress or refund for a “download issue” reason;
17.7 Product not-as-described: such issues should be reported within 7 days from the date of the purchase. Clear evidence must be provided proving that the purchased product is not as it is described on the website. Complaints which are based merely on the customer’s false expectations or wishes are not honored.
17.8 Please note that we do not bear any responsibility and therefore we do not satisfy any refund/return/exchange requests based on incompatibility of our products with some third-party software (plug-ins, add-ons, modules, search engines, scripts, extensions, etc) other than those which are specified as compatible in a description available on the sales page of each product. We don’t guarantee that our products are fully compatible with any third-party programs (including web host) and we do not provide support for third-party applications.
18.1 Key BM Ltd may occasionally send you emails related to the purchase of services from our company. We may also send you occasional email newsletters relating to Key Business Marketing updates and promotions. We will never sell or release your email to any third party vendors. You may opt-out of these emails at any time without penalty.