Terms and Conditions
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’re not happy with. If you’re not sure about anything, just email us on firstname.lastname@example.org.
Application and entire agreement
- These Terms and Conditions of Service and Supply apply to all services and products provided by Thorough Examination Management Services Ltd, and supersede all understandings or prior agreements, whether written or verbal, and all representations or other communications.
- All work is carried out by us on the understanding that the customer has agreed to these Terms and Conditions.These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you).
- By ordering any of the Services, or by submitting your details through our Website, you agree to be bound by these Terms and Conditions. You can only purchase the Services and Goods from the Website if you’re eligible to enter into a contract and are at least 18 years old.
- 'TEMS', 'the company', 'we', 'us', or 'ours' refers to Thorough Examination Management Services Ltd, including any other person or company acting as an authorised representative or lawful agent of Thorough Examination Management Services Ltd.
- 'Customer', 'you', or 'yours' means an individual, firm or company who purchases Goods and Services from Thorough Examination Management Services.
- 'these Conditions' means the standard terms and conditions of service and supply set out in this document and includes any special terms and conditions agreed in writing between us and you.
- 'Goods' means the goods (including any installment of the goods or any parts for them) which we are to supply in accordance with these Conditions.
- 'Services' means the services, including Goods, which we are to supply in accordance with these Conditions.
- 'Website' means our website www.tems.online on which the Services are advertised.
- 'Writing' includes any communications effected by, electronic email, facsimile transmission, or any comparable means.
- The description of the Services and any Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies of any Goods or Services supplied.
- In the case of Service and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Services are subject to availability.
- We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
- You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with all information required to perform the Services and obtain any necessary licenses and consents (unless otherwise agreed).
- Failure to comply with the above 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.
Personal information and Registration
- When registering to use the Services you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
- We may contact you by using email or other communication methods where you expressly agree to this.
Basis of Sale
- The description of the Services and any Goods in our website, catalogues, brochures or other form of advertisement doesn’t constitute a contractual offer to sell the Services or Goods.
- When an Order has been made, we can reject it for any reason, although we’ll try to tell you the reason without delay.
- Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time.
- 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 agree by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, e.g. by giving you rights as a business.
- These terms and conditions can only be altered or qualified as agreed in writing by the company and you and must be signed by an authorised representative of the company setting out in full all the relevant alterations and qualifications.
- Any typographical, clerical or other error or omission in any sales literature, estimate, quotation, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on the company.
Fees and Payment
- The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out in our price list current at the date of the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed fee or on a standard rate basis.
- Where both parties agree to a fixed fee, a fair usage policy maybe enforced and any usage above deemed 'excessive' will be charged to you on the standard rate basis.
- Fees and charges include VAT at the rate applicable at the time of the Order.
- Payment for Services must be made within 14 days of the invoice or otherwise according to any credit terms agreed between us. You must pay by BACS, credit or debit card over the phone or by cheque.
- If you do not pay within the period set out above, we will suspend any further services to you, withdraw any Services or Goods that remain unpaid and without limiting any of our other rights or remedies for statutory interest, charge you interest at the rate of 4%; per annum above the base rate of the Bank of England from time to time on the amount outstanding until you pay in full.
- You will reimburse us for any legal or debt collection costs taken against you (including taking advice from a solicitor or barrister, charges made by a debt recovery agency, or time spent and costs incurred by our employees and/or directors in preparing and pursuing legal action) to recover monies owed by you.
Risk and Title
- You do not own the Goods or Services until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any order and end any right to use the Goods or Services still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
- You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
- This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods and services (with no others) in the following circumstances:
- goods or services that are made to your specifications or are clearly personalised;
- goods or services which are liable to deteriorate or expire rapidly.
Right to cancel
- Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
- The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier, indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of services only (without goods), the cancellation period will expire 14 days from the day the Contract was entered into. In a contract for the supply of goods over time (i.e. subscriptions), the right to cancel will be 14 days after the first delivery.
- To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. a letter sent by post or email). In any event, you must be able to show clear evidence of when the cancellation was made.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
- Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you.
Payment for Services commenced during the cancellation period
- Where a service is supplied (being part of the Service) before the end of the cancellation period, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Contract. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract. This amount is to be calculated on the basis of the total price agreed in the Contract or, if the total price were to be excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders. You will bear no cost for supply of that service, in full or in part, in this cancellation period if that service is not supplied in response to such a request.
Timing of reimbursement
- If we have offered to collect the Goods or if no Goods were supplied or to be supplied (i.e. it is a contract for the supply of services only), we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- We will supply the Services with reasonable skill and care.
- In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Duration, termination and suspension
- The Contract continues as long as it takes us to perform the Services.
- Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
- commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
- is subject to any step towards its bankruptcy or liquidation.
- On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected
- Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
- For the purposes of these Terms and Conditions:
- 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
- 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
- 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
- We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
- Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure.
- For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: email@example.com.
Circumstances beyond the control of either party
- We shall be under no liability if we are unable to carry out any provision of a contract for any reason beyond our control, including but not limited to acts of God, legislation, war, fire, flood, drought, failure of power supply, mechanical breakdown, lock out, strike or other action taken by employees in contemplation or furtherance of a dispute, or an inability to procure materials required for the performance of the contract. We shall endeavour to give immediate notice to you of this and will take all reasonable steps to resume performance of its obligations.
- We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
Governing law, jurisdiction and complaints
- These terms and conditions shall be governed by the laws of England and Wales and both parties agree to submit to the exclusive jurisdiction of the English and Welsh courts.
- We try to avoid any dispute, so we deal with complaints as follows: If we haven’t given you the kind of service you expect, you can contact us to find a solution. We will aim to respond within 5 working days.