| |  |
Company Formation Agent' Home Page >> Terms and ConditionsIMPORTANTThis agreement contains the terms, covenants, conditions, and provisions * upon which you may access and use this website and the information and materials found on this website. This Agreement also contains the privacy policy applicable to your use of this website. You may access and use the information and materials found on this website if you wish. This agreement contains the terms, covenants, conditions and provisions which is also found on this website. This Agreement also includes the privacy policy and is applicable to your use of this website.
INTERPRETATION AND DEFINITIONSIn these terms and conditions "we", "our" or "us" means Coddan CPM Limited and "you" and "your" means the Appointer named on the order form, the person named in the order form as the "Applicant".
The instructing party warrants to us that it has authority from the Appointer to instruct us to provide these services in relation to the Appointer', that it has made the Appointer aware of these terms and conditions and it shall procure that the Appointer complies with the obligations set out in these terms and conditions as if it were a party to these terms and conditions in place of the instructing party. The instructing party allows us authorisation from the appointer to instruct us to provide a service in relation to them.
PAYMENT TERMS AND CONDITIONS Coddan CPM Limited accepts all currencies.
Four types of payment methods are available:
- Credit or debit card online;
- Credit or debit card via phone or fax;
- Cheque;
- Bank transfer.
We accept Visa, Visa Electron, MasterCard, Maestro and JCB. We do not charge "surcharges" for credit or debit card transactions.
Payment:
For orders paid for by credit or debit card, we will invoice you in GBP (pounds sterling) and your credit card company will convert the transaction to your own currency.
For orders paid by banking transfer, we can invoice either in GBP, EUR or USD, and accept payment in these currencies to our bank. Please advise us at the time of ordering how you would prefer to pay so we can set your details up accordingly and advise you the correct bank details to use.
You may provide your credit card information via telephone, fax, or over the internet on our secure server via our processing system at WorldPay. For orders paid by phone or fax, your credit card details are processed immediately and will not be kept on record (either computer or written) unless you have expressly stated otherwise.
When confirmation of order is sent by us, this is to indicate that we have received your order. It does not indicate that a contract exists between us. We will indicate acceptance of your order, and hence a contract between us, when we send you an invoice. We have included this term to protect us in the case that a mistake has been made in pricing, we have inadvertently under-priced goods, or we are no longer able to supply a particular product for some reason. In the case of a change of price, we will always contact you first to ensure that the price is acceptable before proceeding.
When a confirmation of an order has been sent by us, it is to verify that we have received your order. It does not indicate that a contract exist between us. We will signify acceptance of your order and proceed with a contract between us as soon as you receive an invoice from us.
Credit Accounts:
Credit accounts are available for customers who order regularly. For the first order it is necessary to pay in advance, however if you submit a credit account application form to us with your first order, we can look at opening a credit account for subsequent orders.
Credit accounts are issued subject to status, based on available credit ratings, and are subject to periodic review. We reserve the right to withdraw credit facilities at any time and in this event all outstanding balances must be settled immediately.
1. THE CONTRACT BETWEEN US 1.1 We accept orders and instructions only on the basis that those instructing us do so as principals and are liable directly to us for payment of our account. If you request more than one contact or contact address additional fees will be payable.
1.2 We accept orders and instructions only on the basis that those who instruct us do so are acting as principals and are therefore directly liable for payment to our account.
1.3 We provide services only on the basis that those instructing us give us all proper, necessary and timely instructions, authority and information (including the execution of all documents required) to enable us to undertake lawfully and effectively the business instructed, and that those instructing us indemnify us accordingly.
1.4 We provide a service only on the basis from those instructing us show us appropriate, essential and timely instructions, authority and information (including the execution of all documents required) to enable us to undertake your requirements for your business in a lawfully and effective manner.
1.5 We must receive payment of the whole of the price for the goods and services that you order before your order can be accepted and processed unless we have agreed in writing to supply goods and services on credit. Once we have received payment or we have agreed to give credit we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
1.6 We must receive the full payment of goods and services that you order before your order can be accepted and processed,
1.7 In the case of goods and services supplied on credit payment is due within 30 days of the date of our invoice.
1.8 We reserve the right to charge for costs and expenses incurred in recovering late payments, and to charge interest at the rate then in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date.
2. TERMS AND CONDITIONS 2.1 When requesting services from our website you agree to comply with the online ordering procedure as prompted on our website.
2.2 When requesting services for the first time we will give you an individual user account number on the basis that you must use this account when requesting services from us.
2.3 These terms and conditions shall apply to all contracts you make with us. Each time you use our services you are offering to contract with us on the basis of these terms and conditions. All access to our website is subject to these terms and conditions.
2.4 These terms and conditions will be applied to every contract you make with us. Each time you use our services you are offering to contract with us on the basis of these terms and conditions. All access to our website is subject to these terms and conditions.
3. YOUR OBLIGATIONS 3.1 Where you instruct us to undertake any service, you will be responsible for our costs in providing that service whether or not it proceeds to its conclusion.
3.2 When you are placing an order with us you need to complete our order form in English, using only English characters.
3.3 We have added a number of important notes to our order forms to help you avoid some common mistakes. You should read all of the relevant notes carefully and complete all relevant sections of our order form. We have added plenty useful and important notes to our order forms to help you avoid common mistakes.
3.4 We accept orders on the basis that the person placing the order is liable to pay us for the services. It is your responsibility to ensure the security of your user account. You will be liable to pay for any services ordered on that account until we receive notice from you to the contrary.
3.5 Your order is accepted on the basis that you instruct us as principal and are liable directly to us for payment of our account. You undertake to ensure the accuracy and completeness of the information you provide us and accept all liability for the rejection of documents due to inaccuracies or incompleteness. Your order is accepted on the basis that you instruct us as principal. Therefore you will be the person responsible for direct payments to our account
3.6 It is your responsibility to ensure that any company name or domain name you choose is available for registration and can be lawfully used by you. We accept no liability for your choice of name.
3.7 In the event of Companies House rejecting an application or submission because of insufficient information provided by you in the order form, you will have three days to re-submit the application or email us with appropriate corrections at no extra charge. In the case of delay, we will charge additional £10.00 for resubmit your company.
3.8 If you have submitted order form with the insufficient information which makes us unable to proceed with your order we will send you notification with the list of information which is missing or additional details we will require to proceed. In this even you should respond to us as soon as possible.
3.9 If you have submitted an order form with the insufficient information which makes us unable to proceed with your order, we will send you a notification with the list of information which is missing or additional details which we require to proceed with your order. In this event, you should respond to us as soon as it is possible.
3.10 In the event you submitted the application form with us, we will submit the order with the original details taken from the order form. In the event if you submitted the application and made a mistake(s) we accept no liability for your mistakes. In the event if you submitted the order form and you have made a mistake(s) and wish to put us into dispute over your application form, we will charge additional £60.00 per hour for the dispute resolution.
3.11 Once you have submitted an application form with us, we will submit the order with the original details taken from the order form. We accept no liability for you mistake(s) on a submitted application form. If in this case, and you wish to notify us to put the correct details on your application form, we will charge an additional fee.
3.12 To avoid this problem, you may wish to apply for a consultation with one of our advisors for a fee of £50.00 per hour or you can visit our office in London and submit your application together with one of our business consultants for a fee of £75.00. Please note that mentioned fees applies only for a consultations regarding the completion of application form only.
3.13 You undertake at all times: to indemnify us from and against any liability incurred by us which arises from or as a result of the provisions of these terms and conditions or any act or omission by us relating to our appointment, other than any liability arising out of our gross negligence, wilful default or fraud; and to indemnify us against any costs, charges and expenses suffered or incurred in enforcing the provisions of these terms and conditions.
3.14 You shall notify us in writing as soon as possible of any change to the contact information set out on the order form, quoting the reference number provided to you.
3.15 If you have applied for the incorporation and requested Coddan to provide registered office address facility for your new entity, please make sure that entered details for the mail forwarding are correct. We do not take any liability if the provided mail forwarding address contains the mistake(s) and your official post is not delivered to you.
3.16 If you are applying for the registered office address facility from Coddan, please take a note that we provide this service on the yearly base and make sure that you renew this service every year. If provided service is not renewed annually, we keep right to discontinue providing this service after the first year.
3.17 If you are applying for the registered office address facility from Coddan, please take note that we provide this service on an annual basis, you will need to make sure that you renew this service every year. If provided service is not renewed annually, we may discontinue providing this service to you after the first year.
3.18 When applying for the registered office address facility, you must provide the mail forwarding address where incoming post from official bodies will be forwarded. If your mail forwarding address is located within the United Kingdom then no additional charges will apply. If your mail forwarding address is located outside the United Kingdom, an additional annual fee of £30.00, will apply, which will cover our expenses for the forwarding of your official mail overseas.
3.19 If you are applying for the nominee service from Coddan (nominee Director/Secretary/Shareholder), please take a note that we provide this service on the yearly base and make sure that you renew this service every year. If provided service is not renewed annually, we keep right to discontinue providing this service after the first year.
3.20 If you are applying for the nominee service from Coddan (nominee Director/Secretary/Shareholder), please take note that we provide this service on an annually basis and make sure that you renew this service every year. If provided service is not renewed annually, we keep right to discontinue providing this service after the first year
3.21 Under the terms of the Consumer Protection (Distance Selling) Regulations 2000 you may have the right to cancel the contract between us within 7 working days of the day after the date on which you receive any product from us or the date on which the contract for the provision of services is concluded. This right to cancel does not apply to products which have been personalised or made or supplied to your specifications or to services once performance of those services has started with your approval.
3.22 Where we provide a product to you, if you cancel you must return the product to us, at your own cost, in its original condition.
3.23 In the event you would like to cancel your order and receive a refund of your payment because Companies House rejected your submission or Coddan CPM Limited does not have enough information to proceed, surcharge of 10% plus WorldPay' 3.5% commission will apply to such refunds.
3.24 In the case of you cancelling your order and receiving a refund of your payment due to Companies House rejecting your submission or Coddan CPM Limited does not have enough information to proceed, surcharge of 10% plus WorldPay' 3.5% commission will apply to such refunds.
3.25 You are responsible for the payment of our fees. You are also responsible for the payment of any value added tax, sales tax or other similar tax which may be payable.
3.26 If you fail to pay our fees within 30 days of the invoice date we may terminate the appointment by giving you 7 days' notice of our intention to terminate, during which time you may remedy this breach.
3.27 If our appointment is terminated by you we shall not be required to refund all or any part of our fee. If we extend the term of our appointment additional fees will become payable at our rates then in force.
3.28 If you would like to have a consultation with regard to the business regulations or tax issues an hourly rate from £100.00 per hour will apply.
3.29 If you are unhappy with any aspect of our service, please contact the Head of marketing at 5 Percy Street, London, W1T 1DG. Any complaints will be dealt with sympathetically and we will work with you to reach a satisfactory conclusion.
4. OUR OBLIGATIONS 4.1 We will exercise reasonable care in compiling our website, use reasonable efforts to make our website available to you at all times; and take the steps set out in our privacy policy to endeavour to secure any personal data or credit card information you give us.
4.2 We accept orders and instructions only on the basis that those instructing us do so as principals and are liable directly to us for payment of our account.
4.3 We provide services only on the basis that those instructing us give us all proper, necessary and timely instructions, authority and information (including the execution of all documents required) to enable us to undertake lawfully and effectively the business instructed, and that those instructing us indemnify us accordingly.
We provide a service only on the basis from those instructing us show us appropriate, essential and timely instructions, authority and information (including the execution of all documents required) to enable us to undertake your requirements for your business in a lawfully and effective manner.
4.4 When accepting a request for services from you, we will acknowledge our acceptance and confirm the details you have supplied us with by way of email. Our acceptance of instructions is deemed to have occurred at the time of our sending the email and not at the time of your receipt.
4.5 Until we receive further instruction from you we will keep, to your credit, any application or filing fee that is returned to us on the rejection of any application or filing.
4.6 We are requiring payment in advance before providing any goods or services. Where we have agreed credit terms for you our invoices are due for payment 30 days from their date. We reserve the right to charge for costs and expenses incurred in recovering late payments, and to charge interest at the rate then in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date.
4.7 We only provide services on the basis that you have given us full and proper instructions and the authority to lawfully carry out those instructions. We only provide services on the basis that you have given us full and suitable instructions and the authority to lawfully carry out those instructions
4.8 Once we have accepted a request for services you may contact us via our website or at the postal address displayed on our site to ask that your request be withdrawn. Given the nature of the services we provide it will be entirely at our discretion whether or not you are entitled to a refund for those services. In the exercise of such discretion we will consider the extent to which we have commenced work on the provision of that service.
4.9 When processing your request for a service, we use only information that has been provided by an Applicant in the order form. We are not responsible for any mistake(s) or typo which has been made by an Applicant. If after the service was provided an Applicant wants to engage into dispute with Coddan regarding the accuracy of information, we will charge an hourly rate of £60.00. This amount will cover the time spent by our advisors as at least one consultant and one manager will be involved into the dispute process.
4.10 If submitting the order form an Applicant missed or did not provide part of the required information, or if Coddan were not able to receive the missing information, we will notify an Applicant accordingly. Your order will not be processed until all missed information provided. If requested information provided within 3 working days your order will be processed without taking any additional charges. If required information is provided after 3 working days we will charge additional fee of £10.00 for submitting your order.
4.11 We shall act as the process agent of the Appointer named on the order form in relation to the agreements listed on the order form to which our appointment relates until the termination date set out on the order form, and as such accept service of any notice, proceedings or other documents issued out of the Companies House, HMRC, etc., and confirm our appointment to up to one person free of charge.
We reserve the right to charge a fee for any additional confirmations that are required. We shall act as the process agent of the Appointer named on the order form in relation to the agreements listed. Our appointment relates to the termination date set out on the order form, and as such accepts service of any notice, proceedings or other documents issued out of the Companies House, HMRC, etc., and confirms our appointment to up to one person free of charge. We reserve the right to charge a fee for any additional confirmations that are required.
4.12 If we are unable to communicate with the Appointer through the preferred method indicated in the order form we shall use reasonable measures to establish communication with the Applicant or, failing him, with company' appointees, by such means as we consider appropriate. If we are unable to communicate with the Appointer through the preferred method indicated in the order form we shall use reasonable measures to establish communication with the Applicant or, failing this
4.13 Coddan is obliged to provide service in according to the time frame provided in the application form and our Prices and Fees section, but we still ask you to pay attention to the time frame which we indicate for clients. For example, we indicate that incorporation of UK Company takes 4 to 6 hours, we can guarantee that company will be incorporated within mentioned time, if order and payment received by 2pm UK time.
We can not guarantee that company will be incorporation within 4 to 6 hours if order has been received after 2pm UK time. Furthermore, we have indicated 2 different time frames for obtaining Certificate of Good Standing from 24 hours to 5-7 working days. This however does not mean that if your order has been submitted today then Certificate of Good Standing will be obtained at the next day (if 24 hours service has been requested).
You should bear in mind that even if your company has been registered within the same day, Companies House will add company to its database only on the next day, but will still indicate the actual date of incorporation. This mean we will be able to apply for the Certificate of Good Standing only when company appear in the records of the Registrar – on the third day after the incorporation.
If you need more detailed information about the time frames for the obtaining of the certified documents and completion of orders, please feel free to get in contact with one of our consultants.
If you did not ask any additional information or clarification we do not take responsibility if you misunderstood any time frame for processing your order. If after the service had been provided an Applicant wants to engage into the dispute with Coddan regarding the time his order was completed on (when no initial consultation has been requested from Coddan), we will charge an hourly rate of £60.00 for dispute resolution. .
4.14 If Coddan provides annual service for your company (registered office address, nominee director secretary or shareholder), annual fees for this service are payable to us every year at the anniversary of the date when this service was initially provided.
4.15 In the event we have tried to get in contact with you regarding the annual renewal of your company or any annual services provided by us and did not receive any response from your side on this matter, we keep the right to cancel all services Coddan CPM Limited provides for your company, resign our nominees (if appointed) and appoint applicant or beneficiary owner to the position(s) of the company' officers. In the event where we have tried to get in contact with you regarding the annual renewal of your company or any annual services provided by us, and did not receive any response from your side on this matter, we keep the right to cancel all services from Coddan CPM Limited provisions to your company, resign our nominees (if appointed) and appoint applicant or beneficiary owner to the position(s) of the company' officers.
4.16 If we were not able to get in contact with you regarding the annual renewal of your company or any annual services provided by us, due to the change of your contact details which were are not aware of, we accept no liability if your company is occurred any late penalties or dissolved by the Registrar of Companies. If we are unable to get in contact with you regarding the annual renewal of your company or any annual services provided by us, due to the change of your contact details which we have not been made aware of, we accept no liability if your company is occurred any late penalties or dissolved by the Registrar of Companies.
4.17 In the event you have filed annual return or accounts for your company using our service without making relevant payment to Coddan CPM Limited for annual services provided, we will charge an additional 100% penalty fee on the top to the normal annual fees due. In the case where you have filed out an annual return or accounts for your company using our service without making relevant payment to Coddan CPM Limited for annual services, we will charge an additional 100% penalty fee on the top to the normal annual fees due.
4.18 If Applicant did not renew annual service in time and/or did not pay for the preparation and filing of the annual statutory reports, we will charge fines in addition to the penalties owed by Company to Companies House: if delay is from one week to 3 month - £100.00, if delay is from 3 month to 6 month - £250.00.
4.19 If Applicant did not renew annual service in time and/or did not pay for the preparation and filing of the annual statutory reports, and company has been dissolved by Companies House, we charge £1,250.00 for the restoration of the company to the Registrar as well as additional penalty of £500.00 if nominee service or the registered office address service have been initially provided by Coddan CPM Limited.
4.21 If Coddan provides a nominee Director service (or full nominee service, including Director, Secretary, Shareholder and registered office address facility) for the company, then we do not supply the authentification code for Companies House web-filing Service.
4.22 Our company is not liable for the actions of the third parties. We only take responsibility for our communication and work with the Companies House, but do not take any responsibility for the actions of UK Royal Mail or any other courier companies.
4.22 Our services, including search reports and information services, are provided solely for the use of our client and that client's own client on whose behalf the work has been commissioned and shall not be used or relied upon by any other third party.
5. PRICE AND PAYMENT 5.1 Зrices payable for services that you order are set out on our site. We reserve the right to vary these prices from time to time and post such changes on our site. Fees charged by Companies House are those in force from time to time as charged by Companies House.
5.2 Payment will be made by credit card using the procedure set out on our site at the time of ordering. The price of services you order will be confirmed at the time of the request.
5.3 You agree to pay the prices set out on our website for services selected by clicking the accept button.
5.4 If completing the order form you selected to pay by credit card online but for some reasons your payment did not go through or you have selected alternative payment method (cheque, wire transfer, or credit card over the phone) we will issue a pro-forma invoice and send it to you together with the payment instructions. Please note we keep unpaid orders in our system for not more then 7 working days. If completing the order form you selected to pay by credit card online but for some reason your payment did not go through
Please make sure your payment reaches us before the end of this period. In the case we did not receive your payment within 7 business days your order to be deleted from the system.
5.4 If the amount of your order exceeds 300 pounds, we prefer to receive payments for such orders by bank transfer of cheque. If you are paying by wire transfer, bear in mind that our pro-forma invoice does not include any additional charges or bank commissions. When making payment, it is your responsibility to make sure that we receive the exact amount as indicated in the invoice and your bank has paid all the changes for the initiated transfer. We reserve right do not proceed with your order until the full amount of the invoice has been received.
5.5 If the amount of your order exceeds 300 pounds and you have managed to make payment for the ordered service by credit/debit card online via our secure terminal, we will send to the Applicant a payment authorization form which will need to be completed, signed and returned back to us (by e-mail as a scanned copy or by fax).
6. DELIVERY OF GOODS TO YOU 6.1 Products are delivered using first class post, fax or email (as appropriate), unless otherwise stated. Where you request an alternative method of delivery, you must meet those costs. Services are provided using reasonable skill and care.
The description and price of goods and services and delivery details will be provided in the confirmation of order and/or invoice despatched with the product or service. Products and services will be provided in accordance with the timescales set out in the Consumer Protection (Distance Selling) Regulations 2000 unless otherwise agreed with you.
6.2 Delivery will be made as soon as possible after your order is accepted.
6.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your risk and we will not be liable for their loss or destruction.
7. PERFORMANCE 7.1 Time is not of the essence for the performance of the services. We will use our reasonable endeavours to meet the time estimates given on our site but these remain estimates and in particular we accept no responsibility for delay caused by third parties or for reasons outside our control (such as the unavailability of the World Wide Web or for computer systems or telecommunications failure).
7.2 We are not obliged to accept any request or to continue to perform any service. We reserve the right to reject any request or to discontinue the performance of any service without liability.
8. EXCLUSION AND LIMITATIONS 8.1 We make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in our site. The information contained in our site may contain technical inaccuracies or typographical errors and is intended to be a general indication of our services only. Any implied terms including those as to quality, fitness for purpose, compliance with description or sample are excluded unless you deal as a consumer. If you do deal as a consumer these terms do not affect your statutory rights.
8.2 Except in claims relating to death or personal injury resulting from negligence or as otherwise prescribed by law our liability for any loss or damage (compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties) arising out of any single claim will be limited to the value of re-supplying our site or relevant services to you.
8.3 You agree that this limitation is reasonable having regard to the nature of our site and in particular given that when you purchase information or services through our site you will enter into a separate contract with us in each case.
8.4 Each of the provisions of this clause 9 shall be construed as a separate, and severable, provision of these terms and conditions.
9. EVENTS BEYOND OUR CONTROL 9.1 We shall have no liability to you for any failure to deliver goods or provide services you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstances beyond our reasonable control including, without limitation, strike, lock-outs, and other industrial disputes and breakdown of systems or network access.
10. VARIATION 10.1 We reserve the right at any time without notice to revise the content of our site (including the services offered by us) and the terms and conditions. Any changes to the terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions.
11. TERMINATION OF ACCESS 11.1 We reserve the right in our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide the service to any user that is in breach of the terms and conditions.
12. FORCE MAJEURE 12.1 We shall not be liable to you for any breach of the terms and conditions or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control including, without limitation, breakdown of systems or network access, fire, explosion or accident.
13. THIRD PARTY RIGHTS 13.1 Except for our affiliates, directors, employees, or representatives, a person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act to enforce any term of this agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
14. GOVERNING LAW 14.1 Contracts between us will be concluded in the English language and our relationship with you will be governed by English law and will be subject to the exclusive jurisdiction of the English courts.
15. ENTIRE AGREEMENT 15.1 These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of goods and services to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods or services offered by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
16. DUE DILIGENCE 16.1 In certain circumstances we are required by law to collect evidence of identity from our clients. If you fail to supply any due diligence which we request we will be unable to provide services to you.
17. DATA PROTECTION 17.1 Coddan CPM Limited will use personal information which we hold about you to provide our services and to inform you about our services and products which we believe may be of interest to you.
Except in the situations as required or allowed by law or other regulation, we will not pass, disclose, rent or sell your personal information (other than any personal information which is already publicly available and which is incorporated into our search products) to any third party without your prior consent.
18. CONFIDENTIALITY 18.1 We shall keep confidential your affairs except and to the extent that:
(a) the disclosure is made to you, your officers, employees, shareholders or beneficial owners, or to a person whom we reasonably believe to be your professional adviser or authorised by you to act on your behalf;
(b) disclosure is required by law or regulation or any securities exchange or regulatory or governmental body to which we or any group company is subject wherever situated;
(c) disclosure is necessary to provide the Services, to collect our fees or to defend or commence litigation;
(d) the information has come into the public domain through no fault of ours or was disclosed to us without any obligation of non disclosure; or
(e) consent is given by you or on your behalf in writing to the disclosure.
19. CHANGES TO THE TERMS AND CONDITIONS 19.1 We reserve the right to make changes to these Standard Terms from time to time.
20. SEVERABILITY 20.1 Each provision of this contract excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held in applicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of this contract howsoever occasioned.
21. NO WAIVER 21.1 No waiver by Coddan shall be construed as a waiver of any proceeding or succeeding breach of any provision.
22. LINKS TO OTHER SITES 22.1 Coddan may provide links, in its sole discretion, to other sites on the Internet for the convenience of its Visitors in locating related information and services. These sites are maintained by third parties over which Coddan exercises no control. Accordingly, Coddan expressly disclaims any responsibility for the privacy policies, information collection practices, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any web site or the products or services provided by any third party.
23. OUR RIGHT TO CANCEL YOUR CONTRACT 23.1 We reserve the right to cancel the contract between us if one or more of the goods or services you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our supplier.
23.2 If we do cancel your contract we will notify you by email and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
23.3 In addition, we may terminate this Agreement by written notice with immediate effect if:
(a) you are unable to pay your debts as they fall due within the meaning of Section 123, Insolvency Act 1986, a receiver or administrator is appointed over or in relation to your assets or a resolution is passed or an order made for your winding up (or an event occurs within the jurisdiction of the country in which you are situated which has a similar effect to any of these in the UK);
(b) the actions or identity of you, any of the Contacts or any officer, secretary, employee, member or beneficial owner of your shares (each an "Associate") have caused or are likely, in our opinion, to cause us or any of our group companies to be in breach of any law or regulation or to incur any liability in any country or jurisdiction whatsoever or to damage in any way our reputation or the reputation of any of our group companies; or
(c) any information, assurance or warranty given to us by you or any of the Contacts or your Associates, whether in this Agreement or otherwise, is found to be incorrect, insufficient or misleading in any material respect.
24. OUR RIGHT TO CANCEL YOUR CONTRACT 24.1 On termination of this Agreement we shall:
(a) immediately cease to provide the Services to you; and
(b) be under no further obligation to receive or forward any Service Document and may, at our discretion and without incurring any liability, retain, destroy or return any Service Document to sender.
24.2 On termination of this Agreement you shall promptly:
(a) arrange an alternative address for service;
(b) take reasonable steps to notify all the persons to whom our address was given that you may no longer be contacted at our address; and
(c) ensure that any other steps are taken to give prompt effect to these changes.
24.3 We shall not be liable in any way to you or any other person for any loss or damage whatsoever arising directly or indirectly from the termination of this Agreement or the resultant withdrawal of Services.
24.4 Termination of this Agreement is without prejudice to any rights or obligations outstanding or accrued at that date and to the continuing effect of those provisions of this Agreement which are expressly or by implication provided to come into effect on, or to continue in effect after, termination.
25. OUR LIABILITY 25.1 Except in respect of claims for death or personal injury resulting from negligence or as otherwise prohibited by law, our liability for loss or damage in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of our services under these Terms and Conditions shall not exceed ?1,000,000.
25.2 Save as precluded by law, we shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with our services or these Terms and Conditions.
25.3 You undertake at all times:
(a) to indemnify us from and against any liability incurred by us which arises from or as a result of the provisions of these Terms and Conditions or any act or omission by us relating to our appointment, other than any liability arising out of our gross negligence, wilful default or fraud; and
(b) to indemnify us against any costs, charges and expenses suffered or incurred in enforcing the provisions of these Terms and Conditions.
DISCLAIMERS CODDAN ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AND MATERIALS AVAILABLE, THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, CODDAN CPM LTD MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE AT ANY TIME, FOR ANY REASON. IN NO EVENT SHALL CODDAN BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION AND MATERIALS AVAILABLE ON THIS SITE, OR OTHERWISE ARISING OUT OF THE UTILISATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF CODDAN HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
 
|
|
Terms and Conditions
Privacy Policy
