1. About these Terms and Conditions of Business
- 1.1. In these Terms and Conditions of Business (“Terms and Conditions”), “We”, “Us” and “Our” means Construction Industry Publications Limited (“CIP”), and whose address is c/o Knowledgepoint Ltd, Unit 1-2, Block C, Eskdale Road, Wokingham, Berkshire, RG41 5TS, England and “You” and “Your” means you, a user of CIP’s website and or catalogue and or who places an Order for CIP’s Publications and or who is a purchaser of CIP’s Publications.
- 1.2. These Terms and Conditions and any documentation or messages including email that emanate from CIP constitute the entire agreement and understanding between CIP and You and both parties acknowledge and agree that neither party relied on any other term, condition, undertaking, promise, assurance, representation, warranty or understanding (whether in writing or not) of any person relating to the supply of Our Publications to You.
- 1.3. We reserve the right to amend these Terms and Conditions from time to time and without prior notice. Whenever possible, We will aim to provide You with such prior notice of the clauses affected.
- 1.4. “Services” means any software and hardware containing any software, published and or sold by CIP the copyright of which rests in CIP and titles and publications published by other parties and sold by CIP.
2. CIP’s Website and Catalogue
- 2.1. Our website is brought to You by CIP. By using Our website and catalogue, You agree to these Terms and Conditions in their entirety. Any disagreement by You of these Terms and Conditions does not entitle You to use Our website or catalogue in any way.
- 2.2. Our website contains certain links to other websites not in the control of CIP. CIP has provided these links for Your interest only and under no circumstances does CIP endorse any of the publications, products or Services provided by those sites. CIP does not accept any responsibility for any loss or damage You sustain or allege to have sustained as a result of visiting or using these websites.
3. Placing your Order with CIP
- 3.1. Your Order constitutes an offer to purchase from CIP any of its Services.
- 3.2. Our Hours of Business start at 09.00 and finish at 17.00 (UK time) between Monday and Friday excluding public holidays and any other time chosen by CIP from time to time.
- 3.3. You must be 18 years or over if You are an individual and not authorised to make the Order by a body corporate or association.
- 3.4. Any Order placed by You will be deemed to be received by Us during our Hours of Business.
4. CIP’s Acceptance of your Order
- 4.1. CIP’s acceptance of Your Order constitutes CIP’s agreement to Your offer to purchase from CIP any of its Services indicated in Your Order and will create a legally binding contract between Us and You.
- 4.2. Entirely at Our own discretion and for any reason whatsoever, We reserve the right to reject any Order received from You. We will advise You of any rejected Order as soon practicable.
5. Delivery and Availability
- 5.1. On our acceptance of Your Order and providing You have supplied us with Your correct billing address indicated in Your Order, We endeavour to make available to You the service indicated in Your Order immediately.
6. Prices
- 6.1. We aim to accurately display the prices of the Services listed on Our website. In the event that any Order made by You includes an order for Services that are inaccurately priced on Our website, We will notify You as soon as practicable of the correct price and ask You whether You still wish to proceed with Your Order.
- 6.2. We will endeavour to provide You with prior notice of any increase in the prices of the Publications listed on Our website but We reserve the right to change Our prices without prior notice.
- 6.3. The price for the Publications payable by You will be the price indicated on Our invoice.
- 6.4. All prices for Our Publications are quoted in British pounds sterling.
- 6.5. VAT is payable by You on applicable Services.
7. Payment and Credit Account Facility
- 7.1. All payment must be made in British pounds sterling as indicated in Our invoice to You.
- 7.2. You may make Your Payment to Us by:
- 7.2.1. AMEX, VISA or MASTERCARD credit cards only and by SWITCH debit .
- 7.2.2. cheque made payable to “Construction Industry Publications Limited”.
- 7.3. Any cheques or cash despatched by You by Post is entirely at Your own risk. CIP does not accept any responsibility whatsoever for any cheques or cash You say has been posted to Us but which has not been received by Us. In such circumstances, payment for Your Order will remain outstanding and due for payment by You.
- 7.4. In respect of any software and or hardware containing such software indicated in Your Order and which is the subject of a license agreement, any license or sub-license will not pass to You until full payment for the same has been received by Us.
- 7.5. All payments to be sent c/o Tracey Mullen, Kingston Smith, Ground Floor, 4 Victoria Square, St Albans, Herts, AL1 3TF. Detailed remittances for all BACS payments should be sent to [email protected] or faxed to 0172 789 6026.
- 7.6. The opening of credit account facilities pursuant to any request made by You are entirely at the discretion of CIP and may require references or may be credit checked.
- 7.7. In any request by You for a credit account facility, CIP reserves the right to request Your latest audited accounts and banking and trade references.
- 7.8. All customers who hold a credit account must pay Our invoice by expiry of 30 days from date of Our invoice. We reserve the right to charge interest on all overdue invoices at the rate of 8% above the Bank of England Base Rate presiding from time to time commencing from expiry of 30 days from date of invoice until payment is made.
- 7.9. CIP reserves the right to:
- 7.9.1. Reject any application for a credit account facility for any reason whatsoever.
- 7.9.2. Set a limit to the level of credit We are prepared to make available to You and to vary such limit as We see fit.
- 7.9.3. Withdraw Your credit account facility as a result of any or persistent late payment made by You or any or persistent breach of Your available credit limit.
- 7.9.4. An administration fee of £25 will be charged by Us in respect of any payment made by You that has not been cleared by Your Bank or Building Society.
- 7.10. Payment by Installments
- 7.10.1. When you sign up to a payment plan with CIP Knowledge, you agree to pay your instalments on time as part of the recurring payment plan you have signed up to. Instalments are then deducted automatically from your PayPal account on a monthly basis until the full subscription fees have been paid.
- 7.10.2. If you pay through the use of instalments and fail to meet your regular payments, then your account will be temporarily suspended and you will be contacted directly to try to resolve the issue. Our system suspends your subscription access automatically, so please be aware that the moment your instalment payment fails you no longer have access to your subscription.
- 7.10.3. Refunds are not available on instalment payments unless they fall within the initial 30 days of you enrolling for your subscription.
- 7.10.4. CIP may collect payments from you using reference transaction through PayPal. A reference transaction is a financial transaction from which CIP can derive subsequent transactions. When you purchase a subscription on the CIP Knowledge website and use PayPal to make the payment, a transaction ID is generated. CIP will then use the transaction ID later to initiate a subsequent transaction, i.e. recurring monthly or yearly subscription charge. By agreeing to reference transactions, you permit CIP to take the relevant payment for each subscription using a reference transaction ID from your first transaction to initiate subsequent transactions. The reference payment may be cancelled at any time by you, by logging into your PayPal account and cancelling the transaction.
8. Licenses for Software and Hardware containing such Software
- 8.1. All software and or hardware containing such software indicated in Your Order and which are the subject of a license agreement, are licensed or sub-licensed to You on the terms and conditions of the applicable license agreements.
- 8.2. Unless the terms and conditions of the software and or hardware containing such software indicated in Your Order state otherwise, You are not permitted to sell assign grant lease charge or sub-license the same to any third party without Our permission in writing.
9. Warranties and Liability
- 9.1. We make no warranties whatsoever in connection with the content and information comprised in Our Publications with regard to their accuracy or legality.
- 9.2. We do not warrant that the content and information comprised in Our Services are up-to-date.
- 9.3. We do not warrant that the content and information comprised in website or other materials that We may send You from time to time are accurate and up-to-date.
- 9.4. We do not warrant that any of the Services listed on Our website or other information We may send You constitute legal advice notwithstanding the obvious legal nature of the Services You may Order or discuss with Us prior to making an Order or at any time at all.
- 9.5. We do not accept any liability of any kind whatsoever or howsoever caused for any loss or damage suffered or alleged to have been suffered by You in connection with the use of Our Services after You have purchased them from Us.
- 9.6. We do not accept any liability of any kind whatsoever or howsoever caused for any loss of income, loss of profit, other economic loss, loss of business, loss of contracts, loss of goodwill, loss of data or any other direct, indirect or consequential loss or damage arising out of or caused by any negligence or other torts and or breach of contract or otherwise.
- 9.7. In the event that any liability is established against Us, the maximum value of Our liability is limited to the total price paid by You for the Services indicted in Your Order which are the subject of finding of liability against Us.
10. Property and Copyright
The entire content of these Terms and Conditions and Our website are the property and copyright of CIP
11. Contracts (Rights of Third Parties) Act 1999
Notwithstanding any other provision of this Agreement, nothing in this Agreement confers or purports to confer any right to enforce any of its terms on any person who is not a party to it.
12. Governing Law
These Terms and Conditions are governed by and interpreted in accordance with English law and any dispute or difference between You and Us relating to this Agreement and or interpretation of these Terms and Conditions shall be referred to the exclusive jurisdiction of the English Courts.