Terms and Conditions
Please read these conditions carefully before using the b-paid.com website. By using the b-paid.com website, you signify your agreement to be bound by these conditions. B-Paid Ltd provides access to this website (the "website") and sells this Service to you subject to the conditions set out below.
Conditions Relating to Your Use of B-Paid Ltd's Web Site and purchase of the Service.
INFORMATION ABOUT US
b-paid.com is a site operated by B-Paid Ltd ("we"). We are registered in England and Wales under partnership number 6223976 and with our registered office at:
J & C Accountants,
49 Church Street,
Our site is only intended for use by people registered as subscribers with B-Paid Ltd. Some restrictions are placed on the extent to which we accept orders from specific countries.
We may list availability information for the Services sold by us on the website. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such. Time shall not be of the essence for any contract between us. As we process your order, we will inform you if any Services you order turn out to be unavailable in which case will provide a refund.
By placing an order through our site, you warrant that:
- You are legally capable of entering into binding contracts; and
- You are at least 18 years old;
- You are resident in the United Kingdom; and
- You are accessing our site from the United Kingdom.
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. You are responsible for all charges incurred through use of Your password. You agree that B-Paid has no liability or obligation to protect You from unauthorised use of Your password. You agree you have absolute responsibility for checking the correctness of the history of payments in your selected payment gateway and solely responsible for maintaining your own audit of payments received. The B-Paid payment history is a guide and not an audit and you may not rely upon the accuracy of this guide.
You agree to us logging information about where your account is being accessed from. We will use this information to monitor any unauthorised access to your account. In the event unauthorised access is detected we reserve the right without prior notice to suspend or terminate your access to the website indefinitely.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Account area of the website.
B-Paid Ltd reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders and or subscriptions at our discretion. If we cancel an order, it will be without charge to you.
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that You, and not B-Paid Ltd, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website for any of the following:
- for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
- to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"; or
- to cause annoyance, inconvenience or needless anxiety. The Service provided by this website will enable You to take online payments for Your products and Services. You warrant that you will use this site in full compliance with Payment Card Industry / Data Security Standards and relevant card processing company requirements.
REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. B-Paid Ltd reserves the right (but not the obligation) to remove or edit any content.
If you do post content or submit material, and unless we indicate otherwise, you grant B-Paid Ltd a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant B-Paid Ltd and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to B-Paid Ltd, including the execution of deeds and documents, at the request of B-Paid Ltd.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to B-Paid Ltd: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable B-Paid Ltd policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify B-Paid Ltd and its affiliates for all claims brought by a third party against B-Paid Ltd or its affiliates arising out of or in connection with a breach of any of these warranties.
Because B-Paid Ltd lists many product and/or services for sale on the website and hosts many comments, it is not possible for us to be aware of the contents of each product and/or services listed for sale, or each comment or review that is displayed. Accordingly, B-Paid Ltd operates on a "notice and takedown" basis. If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please notify us immediately. Once this procedure has been followed, B-Paid Ltd will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.
COPYRIGHT AND DATABASE RIGHTS
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of B-Paid Ltd, and its licensees or our content suppliers and is protected by English law and international copyright and database rights laws. The compilation of all content on this website is the exclusive property of B-Paid Ltd and its licensees and is protected by English law and international copyright and database right laws. All software used on this website is the property of B-Paid Ltd or our software suppliers and is protected by United Kingdom and international copyright laws.
You may not systematically extract and/or re-utilise parts of the contents of the website without B-Paid Ltd express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without B-Paid Ltd express written consent. You also may not create and/or publish your own database that features substantial (e.g. our prices and product and/or services listings) parts of this website without B-Paid Ltd's express written consent.
B-Paid Ltd and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please advise us immediately.
Trademarks not owned by B-Paid Ltd that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by B-Paid Ltd.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the b-paid.com service (the "Service"). All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that you have access to the Service ("Service Confirmation"). The contract between us ("Contract") will only be formed when we send you the Service Confirmation. Any product and/or services on the same order which we have not confirmed in a Service Confirmation do not form part of that contract.
You are able to purchase a monthly subscription at the then current monthly fee as stated on this web site. Please note that at least one months notice of cancellation is required for this subscription. On subscribing, you enter into an agreement for subscriptions to be deducted from your account at the interval you select. To cancel your agreement, please refer to the Cancellation and Refunds sections below.
These prices include VAT and include delivery costs.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Service Confirmation.
It is always possible that, despite our best efforts, some of the Services listed on our site may be incorrectly priced. We will normally verify prices as part of our service dispatch procedures so that, where a Service's correct price is less than our stated price, we will charge the lower amount when dispatching the Service to you. If a Service's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Service, or reject your order and notify you of such rejection.
We are under no obligation to provide the Service to you at the incorrect (lower) price, even after we have sent you a Service Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Payment for all Products must be by credit or debit card. We accept payment with various cards listed on the payment pages of the website.
YOUR TERMS AND CONDITIONS, PRIVACY NOTICE AND REFUND POLICY
When you use B-Paid to create online orders, you are required to provide your Terms and Conditions, Privacy Notice and Refund Policy ("Notices"). You should use the Account link at the bottom of the Page to add your Notices. B-Paid Ltd has provided sample Notices for you to consider when using the Service, however B-Paid makes no representation or warranty as to their fitness or suitability for any purpose and you agree that you are solely responsible for ensuring that the Notices shown when you or your customers use your account are fit for purpose.
B-Paid Ltd may terminate the Contract with you at its sole discretion for any reason at any time without prior notice. You agree that your sole and exclusive remedy shall be limited to that portion of your most recent subscription payment for which the Service has not been provided; this will be calculated pro-rata.
Following our Service Confirmation email, we endeavour to grant you instant access to the service you have purchased providing you are able to receive and respond to emails from our site; on rare occasions when the site is extremely busy, your subscription purchases may take up to 15 minutes to enable; however, we are unable to offer any guarantee regarding the amount of time it will take for a specific service to be configured and made available to you. In any event the Service shall be delivered within 30 days of having been ordered. Should you not have received notification of your new subscription in this time, please check that you have made a payment with your bank. If you have made a payment and/or have a receipt, then please contact us during normal UK working hours at the Contact Us page and we will make every effort to resolve the problem as fast as possible.
We believe that the service we are offering is a real asset for our subscribers. We are re-investing in the site to continue to maintain and improve the services it offers and we hope very much that the question of refunds will never cross your mind. However, in case it does, we have a Plain English Statement below which we hope makes the policy very clear. Please do not hesitate to contact us if there is anything we can do to clarify matters.
If you are contracting as a subscriber, you may cancel a Contract at any time within 7 working days beginning on the day after you received the Service. In this case, you will receive a full refund of the price paid for the Service in accordance with our refunds policy below.
Monthly subscriptions - monthly subscriptions require no less than one month notice of your intention to terminate the subscription service. There are therefore no refunds available once the Contract is fully in place after the inital 7 Working Day cooling off period. To avoid any doubts No Administration Fee is charged on cancellation of the Monthly Subscription and no pro-rata refund is applicable. You may cancel your subscription by accessing the Cancellation option under your account which can be accessed by clicking on your name or on the account link shown at the bottom of the website.
When you cancel the Service we will process your request as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. If a refund is due, we will undertake this in accordance with Cancellation as set out above. We will usually refund any monies due to you using the same method originally used by you to pay for your purchase.
The Service purchased from us is provided "as-is" and "as available".
Our liability for losses, direct, indirect, consequential, incidental, special or in any way otherwise incurred by You as a result of a failure to deliver the Service to You is strictly limited to the price of the most recent monthly payment you have made for the Service you purchased.
This does not include or limit in any way our liability
- For death or personal injury caused by our negligence;
- Under section 2(3) of the Consumer Protection Act 1987;
- For fraud or fraudulent misrepresentation; or
- For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
- loss of income or revenue
- loss of business
- loss of profits or contracts
- loss of anticipated savings
- loss of data
- loss of data, or
- waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;
provided that this clause shall not prevent claims for loss of or damage to your tangible property that fall within the terms of the sub clauses above or any other claims for direct financial loss that are not excluded by any of categories above.
When ordering goods from B-Paid Ltd for delivery overseas you may be subject to import duties and taxes, which are levied. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from B-Paid Ltd, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching product and/or services internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
ACCESS TO THIS WEB SITE
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. We will not be liable if for any reason our site is unavailable at any time or for any period.
LICENCE FOR WEBSITE ACCESS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
B-Paid Ltd grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of B-Paid Ltd. Other than as advertised on this website, this licence does not include any resale or commercial use of this website or its contents; any collection and use of any product and/or services listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of B-Paid Ltd without express written consent. You may not use any meta tags or any other "hidden text" utilising B-Paid Ltd names or trademarks without the express written consent of B-Paid Ltd. Any unauthorised use terminates the permission or license granted by B-Paid Ltd.
LINKING TO OUR SITE
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of the website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Your use of the link must not portray B-Paid Ltd, its affiliates, or their product and/or services or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any B-Paid Ltd logo or other proprietary graphic or trademark as part of the link without our express written consent.
You must not establish a link from any website that is not owned by you.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on our site other than that set out above, please address your request via the Contact Us page on the web site.
LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to B-Paid Ltd at:
J & C Accountants, Overdene House,
49 Church Street,
OR firstname.lastname@example.org We may give notice to you at the e-mail address you provide to us when placing an order, or as specified in the above clause. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of public or private telecommunications networks.
- Inability to collect your subscription for any reason.
- The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we determine at our sole discretion that for any reason we are unable to bring the Force Majeure Event to a close we may terminate the contract with you with immediate effect. We will refund you your most recent subscription payment pro-rata with the period for which we have been unable to provide you with the Service.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend our website and these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
LAW AND JURISDICTION
Contracts for the purchase of Products or Services through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.
Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.