Terms & Conditions
T & C
Introduction
Welcome and thank you for visiting our website (https://mtbinstallations.co.uk/)
By using our website and/or using the services that are provided by the website, you acknowledge that you have read, understood, and agree to be bound by our Terms and Conditions. These Terms and Conditions unconditionally extend and apply to all related applications, internet service, or website extensions. If you are not in agreement with all of these Terms and Conditions, you may discontinue using the website immediately.
Agreement to Terms and Conditions
MTB Installations Ltd’ Terms and Conditions (these “Terms” or these “Terms and Conditions”) contained in this Agreement shall govern your use of this Website and all its content (collectively referred to herein as this “Website”). These Terms outline the rules and regulations guiding the use of MTB Installations Ltd located at https://mtbinstallations.co.uk/.
All materials/information/documents/services or all other entities (collectively referred to as content) that appear on the MTB Installations Ltd shall be administered subject to these Terms and Conditions. These Terms and Conditions apply in full force and effect to your use of this Website, and the use of this Website constitutes an express agreement with all the terms and conditions contained herein in full. Do not continue to use this Website if you have any objection to any of the Terms and Conditions stated on this page.
Definitions/Terminology
The following definitions apply to these Terms and Conditions, Privacy Statement, Disclaimer Notice and all Agreements: “User”, “Visitor,” “Client,” “Customer,” “You” and “Your” refers to you, the person(s) that use this Website. “MTB Installations Ltd”, “MTB Installations”, “We”, “Our” and “Us”, refers to our Website/Company. “Party,” “Parties,” or “Us,” refers to both you and us. All terms refer to all considerations of MTB Installations Ltd necessary to undertake support to you for the express purpose of meeting your User needs in respect of our services, under and subject to, prevailing law of the state or country in which “MTB Installations Ltd” operates in United Kingdom. Any use of these definitions or other glossary in the singular, plural, capitalization, and/or pronoun are interchangeable but refer to the same.
Intellectual Property Rights
Other than the content you own and opted to include on this Website, under these Terms MTB Installations Ltd and/or its licensors own and reserve all intellectual property rights of this Website. You are granted a limited license, subject to the restrictions entailed in these Terms and Conditions, for purposes of viewing this Website’s content.
Services
- We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the estimation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
- We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the estimated fee; however, time shall not be of the essence in the performance of our obligations.
- All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.
- If you are not satisfied with the progress or result of a service, you can cancel the service and
claim your in advance paid money back.
Your obligations
- Unless otherwise agreed, you must obtain any permissions, consents, licences or otherwise that
we need and must give us with access to any and all relevant information, materials, properties and any other matters which we need to provide the Services. - If you do not comply, we can terminate the Services.
- We are not liable for any delay or failure to provide the Services if this is caused by your failure
to comply with the provisions of this section (Your obligations).
Fees and Deposit
- The fees (Fees) for the Services are set out in the estimation and are on a time and materials basis.
- In addition to the Fees (if not explicitly included in the estimation), we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, b) the estimate of services provided by third parties and required by us for the performance of the Services, and c) the estimate of any materials required for the provision of the Services.
- You must pay us for any additional services provided by us that are not specified in the estimation
in accordance with our then current, applicable hourly rate in effect at the time of performance or such other rate as may be agreed between us. - The Fees are inclusive of any applicable VAT and other taxes or levies which are imposed or
charged by any competent authority. - You must pay a deposit (“Deposit”) as agreed upon receipt of invoice
- If you do not pay the Deposit to us according to the clause above, we can either withhold
provision of the Services until the Deposit is received or can terminate under the clause below
(Termination). - The Deposit is non-refundable unless we fail to provide the Services and are at fault for such
failure (where the failure is not our fault, no refund will be made).
Cancellation and Amendment
- We can withdraw, cancel or amend an estimation if it has not been accepted by you, or if the
Services have not started (unless the estimated fee has been withdrawn). - Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the
- If you want to amend any details of the Services you must tell us in writing as soon as possible.
We will use reasonable endeavours to make any required changes and additional costs will be
included in the Fees and invoiced to you. - If, due to circumstances beyond our control, including those set out in the clause below
(Circumstances beyond a party’s control), we have to make any change in the Services or how
they are provided, we will notify you immediately. We will use reasonable endeavours to keep any
such changes to a minimum.
Payment
- Payment upon receipt of invoice
- We will invoice you for payment of the Fees either:
a. when we have completed the Services; or
b. on the invoice dates set out in the estimation. - You must pay the Fees upon receipt of the date of our invoice or otherwise in accordance
with any credit terms agreed between us. - Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 5% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
- All payments due under these Terms and Conditions must be made in full without any deduction
or withholding except as required by law and neither of us can assert any credit, set-off or
counterclaim against the other in order to justify withholding payment of any such amount in
whole or in part. - If you do not pay within the period set out above, we can suspend any further provision of the
Services and cancel any future services which have been ordered by, or otherwise arranged with, - Receipts for payment will be issued by us only at your request.
- All payments must be made in British Pounds unless otherwise agreed in writing between us.
Sub-Contracting and assignment
- We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or
any of our rights under these Terms and Conditions and can subcontract or delegate in any manner
any or all of our obligations to any third party. - You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in
any other manner with all or any of your rights or obligations under these Terms and Conditions.
Termination
We can terminate the provision of the Services immediately if you:
- Commit a material breach of your obligations under these Terms and Conditions; or
- Fail to make pay any amount due under the Contract on the due date for payment; or
- Are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
- Enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
- Convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
Liability and indemnity
- Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.
- The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
- We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the estimation for:
- Any indirect, special or consequential loss, damage, costs, or expenses or;
- Any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
- Any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
- Any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
- Any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
- You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
- Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal
injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
Circumstances beyond a party’s control
Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
Communications
- All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
- Notices shall be deemed to have been duly given:
when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
b. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
c. on the fifth business day following mailing, if mailed by national ordinary mail; or
d. on the tenth business day following mailing, if mailed by airmail. - All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
Cookies
MTB Installations Ltd may employ the use of cookies. By accessing our Website, you agree to use cookies in Agreement with our Cookie Policy.
Our interactive Website’s optimal functionality may use cookies to retrieve the User’s information for each visit. Some of our affiliate partners may also use cookies.
Hyperlinking to our Content
Organizations such as search engines, government agencies, news organizations, and online directories may link to our Website without prior written approval. We may review other link requests from popular consumer and/or information specialists, charity organizations, internet portals, educational institutions, trade associations, and dot.com community sites. Any interested organization must inform and contact us for further information regarding our linking policy. However, such linking does not imply endorsement, sponsorship, partnership, or approval by us of any kind.
No use of our logo or other design intellectual property will be allowed for linking, except a trademark license agreement.
Links to third-party content
This Website may contain links to websites or applications operated by third parties. Please note that we do not control any such third-party websites or applications or the third-party operator. MTB Installations Ltd is not responsible for and does not endorse any third-party websites or applications or their availability or content.
MTB Installations Ltd accepts no responsibility for adverts contained within the Website. You agree that you do so at your own risk when you purchase any goods and/or services from any such third party. The advertiser, and not us, remains responsible for such goods and/or services, and if you have any questions or complaints about them, you should contact the advertiser.
Disclaimers/Warranties/Limitation of Liabilities
MTB Installations Ltd Website is provided “as is,” with all liabilities, and MTB Installations Ltd makes no express or implied undertakings, representations, or warranties, of any kind related to this Website or the content contained on this Website.
MTB Installations Ltd does not make any endorsements, warranties, or representations about the accuracy, reliability, expertise, or completeness of any such content. You agree that reliance on any such content shall be at the User’s risk. The MTB Installations Ltd periodically changes, adds, modifies, improves, or updates this Website’s consent with or without prior notice. Under no circumstance shall MTB Installations Ltd be liable for any loss, damage, injury, liability, or expense incurred or suffered from the use of this Website, including, without limitation, any fault, error, omission, commission, delay, failure, interruption, deletion, alteration, disruption, cessation or incursion concerning such use by us, our affiliates or any third party. Under no circumstance shall MTB Installations Ltd or any of its partners and affiliates be liable for any direct, indirect, consequential, accidental, or special damages, even if MTB Installations Ltd has been advised against the risk or possibility of such damages. The User agrees that MTB Installations Ltd will not be liable for any conduct or behaviour of the User arising from the use of this Website. As a result, the use of this Website and all or any of its content is at the User’s sole risk.
In no event shall MTB Installations Ltd, nor any of its officers, directors, employees, and affiliates, be liable for any loss, injury, or damage arising out of your use of this Website, whether, under contract, tort, or otherwise, and MTB Installations Ltd, including its officers, directors, employees, and affiliates shall not be liable for any indirect, consequential or special liability arising out of your use of this Website.
Indemnification
As a condition for the use of this Website, the User agrees to indemnify MTB Installations Ltd and its affiliates to the fullest extent, from and against all actions, claims, liabilities, losses, damages, costs, demands, and expenses (including reasonable attorney’s fees) arising out of the User’s use of this Website, including without limitation, any claim related to the breach of any of the provisions of these Terms and Conditions. If dissatisfied with any or all of the content on this Website or any or all of its Terms and Conditions, the User may discontinue using this Website.
Governing Law & Jurisdiction
The Terms and Conditions of this Website will be governed by and construed under the laws of the country or state in which MTB Installations Ltd operates. You hereby unconditionally submit to the non-exclusive jurisdiction of the courts located in United Kingdom for the resolution of any disputes.
Entire Agreement & Revision
These Terms and Conditions, including any legal notices and disclaimers on this Website, constitute the entire Agreement between MTB Installations Ltd and you concerning your use of this Website. Ultimately, this Agreement supersedes all prior agreements and understandings concerning the same.
MTB Installations Ltd reserves the right to revise these Terms at any time as it sees fit. By using MTB Installations Ltd, you are expected to review such Terms regularly to ensure you comprehend all the Terms and Conditions regarding the use of this Website.
Last updated, November 2024
