IMPORTANT LEGAL NOTICE
These are the legal terms and conditions under which We supply the products (“Products”) listed on our website (“our site”) to you any software as a service products that are licenced based shall be dealt under our EULA and any custom or enterprise services quoted for shall be dealt with under separate terms of service that shall be tailored to your specific requirement.
1. INFORMATION ABOUT US AND HOW TO CONTACT US
1.1. The term 'Brainiac Media' or 'us' or 'we' refers to the owner of the website whose registered office is Kingfisher House, Hurstwood Lane, Haywards Heath, England, RH17 7QX. We are a limited company registered in England and Wales under company number 08236951. Our email address is [email protected].
1.2. If we need to contact you, we will do so by writing to you at the e-mail address or postal address you provided to us in your order, unless you have asked us to contact you by any other means. When we use the words “writing” or “written” in these terms, this includes e-mails.
2. YOUR STATUS
2.1. You may only purchase Products from us if:
(a) you are legally capable of entering into a binding contract with us (for example, in England and Wales you must be at least 18 years old);
(b) you are an authorised user of the credit or debit card used to pay for your order;
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1. Once you have placed your order, you should receive an e-mail from us acknowledging that We have received your order (but please contact us if you do not receive this e-mail). Please note this does not mean that your order has been accepted. All orders are subject to availability and acceptance by us (which We may refuse for any reason).
3.2. After you submit your order, We immediately contact your bank or card issuer for authorisation to take payment from your account. We will not process your order until payment has been received in full. If we accept your order We will confirm this to you by sending you a further e-mail confirming the Product is being processed and ready to commence production at which point the contract between us ("Contract") will be formed.
3.3. As soon as you place your order, we start to process your order which means we shall contact you via email or phone to discuss the product you have purchased, all products purchased shall be created and delivered within 1 month of purchase, with regular communication within that month to discuss each stage of the product build or creation.
3.4. From time to time We may make minor changes to a Product to reflect changes in relevant laws and regulatory requirements.
3.5. These terms and conditions, and any Contract between us, are only in the English language.
4.1. Your order will be fulfilled by the delivery date set out in the email confirmation or, if no delivery date is specified, then as soon as reasonably possible but within one month of purchase. In any event, delivery will take place no more than 30 days after the day your Contract is entered into.
4.2. Delivery of your order will be complete when We deliver the Products digitally to the email address you gave us and the Products will be your responsibility from that time.
4.3. You will own the Products once We have received payment in full.
4.4. Working Days excludes Sundays and Bank Holidays and Saturdays.
5. PRICE AND PAYMENT
5.1. The price payable for the Products shall be as shown on our site in pounds sterling (GBP), although please see clause 5.5 for what happens if We discover an error in the price of any Product you order. Prices advertised on our site exclude UK VAT, All relevant taxes and VAT shall be added at the checkout process at the relevant rate chargeable for the time being.
5.2. We can change the prices on our site at any time without notice, but changes will not affect orders which We have already accepted. However, if the rate of VAT changes after the date of your order, We will adjust the rate of VAT you pay unless you have already paid for the Products in full before the change in VAT takes effect.
5.3. We accept payment by debit card or credit card and Klarna. We accept the following cards: Visa, VISA Electron, Mastercard, Maestro, and American Express.
5.5. If We accept and process your order where there is a pricing error that is obvious and unmistakable and which could reasonably have been recognised by you as a mispricing, We may end the Contract, refund to you any sums you have paid under the Contract and require the return of any Products provided to you.
5.6. Official Brainiac Media promotion codes entitle you to an offer on your online order from https://www.brainiacmedia.net/. If you wish to apply a voucher code to your order, you must enter the relevant code during the online checkout process. Only one voucher code can be used per order and cannot be used in conjunction with any other promotion or offer. Additional terms and conditions may apply in respect of each voucher code. We reserve the right to decline to accept any voucher code that is invalid for your order or that has expired. There is no cash alternative.
5.7. All amounts due under the Contract shall be paid in full without any set-off, refund, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
6.1 You may terminate the Contract for convenience at any time and in this event, you shall pay the outstanding amount or relevant fees (pro rata) to the date of termination.
6.2 Without affecting any other right or remedy available to it, you and we may terminate the Contract by giving written notice if:
(a) the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;
(b) the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
(c) the other party's financial position deteriorates to such an extent that in the terminating party's opinion the other party's capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.
6.3 Without affecting any other right or remedy available to it, we may terminate the Contract with immediate effect by giving written notice to you if you
(a) do not make any payment to us when it is due;
(b) do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or
(c) do not, within a reasonable time, allow us to deliver the Products to you in accordance with the terms and conditions of the sale.
6.4. If We end the Contract, We will refund any money you have paid in advance for the Products We have not provided but We will charge you for the costs of any work to the date of termination which has already been commenced and this shall be supplied to you on request we may also deduct payment for any costs we have incurred as a result of you breaking the Contract and for delivery.
6.5. Without affecting any other right or remedy available to it, we may suspend the supply of Services under the Contract or any other contract between you and us if you fail to pay any amount due under the Contract on the due date for payment.
7. Limitation of liability
7.1. We shall obtain insurance cover in respect of our own legal liability; you are responsible for making your own arrangement for the insurance of any excess loss.
7.2. The total liability arising in connection with the performance or contemplated performance of the Contract shall be limited to the initial total amount paid for the Services or Domain Name registration or £250 whichever is the greater under this Contract during the twelve (12) month period. We shall have no liability for any failure or delay due to matters beyond our reasonable control.
7.3. We shall not be liable for any:
(a)pure economic loss
(b)loss of profit
(c)loss of business
(d)loss of anticipated savings
The foregoing shall not apply to the extent prohibited by applicable law.
(a)Each party undertakes that it shall not disclose to any person any confidential information concerning the business, affairs, Clients, clients or suppliers of the other party, except as permitted by clause 8 (c).
(b)Confidentiality obligations shall also apply to information exchanged between the parties prior to the Commencement Date of the Contract.
(c)Each party may disclose the other party's confidential information:
(i)to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under the Contract. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party's confidential information comply with this clause 8; and
(ii)as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
(d)Neither party shall use the other party's confidential information for any purpose other than to perform its obligations under the Contract.
9. Force majeure.
We shall not be in breach of the Contract nor liable for delay in performing, or failure to perform, any of our obligations under the Contract if such delay or failure results from events, circumstances or causes beyond our reasonable control and if such circumstances persist for more than 60 days, the Contract shall be deemed terminated unless otherwise agreed in writing between us and you.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
11. After-sales service
Questions, comments, requests or complaints regarding these terms and conditions or any Product supplied under a Contract with Brainiac Media.net https://www.brainiacmedia.net/ should be addressed to [email protected]
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