Terms of Sale
These Terms of Sale set out the terms under which Services are sold and provided by Us to business customers through this website, www.mountainvirtualsupport.com (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Services from Our Site. You will be required to read and accept these Terms of Sale when ordering Services. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Services through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
Business Customers and Consumers
These Terms of Sale apply to business customers only. These Terms of Sale do not apply to individual consumers purchasing Services for personal purposes (that is, not in connection with, or for use in, their trade, business, craft, or profession).
These Terms of Sale, together with any other terms referenced herein that are applicable to the Services ordered, constitute the entire agreement between Us and you with respect to your purchase of Services from Us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out or otherwise referred to in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
Our services are provided virtually only and any service areas mentioned on the site are offered under reasonable consideration of what is feasible to virtual working.
Services, Pricing and Availability
We make all reasonable efforts to ensure that all general descriptions of the Services available from Us correspond to the actual Services that will be provided to you, however please note that the exact nature of the Services may vary depending upon your individual requirements and circumstances. Please note that this does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to variations of the correct Services, not to different Services altogether.
Where appropriate, you may be required to select the required package of Services.
We neither represent nor warrant that all Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on Our Site.
We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.
All prices are checked by Us when We process your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed. We will give you the option to purchase the Services at the correct price or to cancel your Order (or the affected part thereof). We will not proceed with processing your Order until you respond. If We do not receive a response from you within two business days, We will treat your Order as cancelled and notify you of the same in writing.
In the event that the price of Services you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
Orders – How Contracts Are Formed
Our Site will guide you through the ordering process. Prior to making an order We recommend booking a consultation call to gather requirements. Where both parties desire to work together, We will issue a contract. Upon agreement We recommend placing your Order. Before submitting your Order to Us you will be given the opportunity to review your Order and amend any errors. Please ensure that you have checked your Order carefully before submitting it.
No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that We have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding contract between Us and you (“the Contract”).
Any refunds due will be made using the same payment method that you used when ordering the Services.
Payment for the Services will be due in the form of an advance payment of the total package amount. You shall pay all amounts due under this Agreement in pounds sterling (unless otherwise agreed by Us). Price and payment details will be confirmed in the Order Confirmation. Your chosen payment method will be charged as indicated.
Pricing Plans are based on recurring subscriptions with a valid length of service offering stated.
All sums due must be paid in full without any set-off, counterclaim, deduction, or withholding.
We accept the following methods of payment on Our Site:
<<insert payment method>>;
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If you do not make any payment to Us by the due date We may charge you interest on the overdue sum at the rate of 8% per annum above the base lending rate of Barclays from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.
We are also entitled to charge you an additional fee to compensate us for our costs incurred in recovering the debt as follows: £50 for a debt less than £1000; £80 for a debt of £1000 or more but less than £10,000; and £100 for a debt of £10,000 or more; and we may suspend all further implementation of the Services and/or terminate this Agreement and/or terminate any other agreements governed by these Terms and Conditions that we have with you; and we can require immediate payment in full of all other amounts owed by you to us (whether or not such amounts have otherwise fallen due for payment).
All sums payable to us under this Agreement shall become due immediately on its expiry or termination, despite any other provision. This clause is without prejudice to any right to claim for interest under the law, or any such right under this Agreement.
Provision of the Services
We will provide the Services with reasonable skill and care. We will begin providing the Services on the relevant start date agreed, completion of your order and timely payment has been made. We will continue providing the Services for the period stated on the package. We will make every reasonable effort to provide the Services in a timely manner, subject to timely payment of fees. We cannot, however, be held responsible for any delays if an event outside of Our control occurs.
If We require any information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible. Depending upon the nature of the Services you have ordered, We may require information or action such as IT set up and access. If the information you provide or the action you take is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a problem arising as a result of delayed, incomplete or otherwise incorrect information or action that you have provided or taken, We may charge you a reasonable additional sum for that work.
If you do not pay Us for the Services required, We may suspend the Services until you have paid any and all outstanding sums due. If this happens, We will inform you by email.
We always use reasonable endeavours to ensure that Our Services are trouble-free. If, however, there is a problem with the Services please contact Us as soon as is reasonable possible via firstname.lastname@example.org. We will use reasonable endeavours to remedy problems with the Services as quickly as is reasonably possible and practical.
Cancelling the Services
Cancellation of Contracts shall be subject to the specific terms governing the Services in question and may be subject to a minimum contract duration. Details of the relevant duration, cancellation provisions and minimum notice periods will be provided via contract and confirmed in Our Order Confirmation. If you wish to cancel, you may inform Us of your cancellation in writing. One month notice is required on 3 and 5 month packages. Two months notice is required on 12 month packages.
Our Rights to Cancel
For cancellations before We begin providing the Services, please refer to sub-Clause 7.8.
We may cancel the Contract after We have begun providing the Services due to an Event outside of Our control or due to the non-availability of required personnel and/or required materials necessary for the provision of the Services. In such cases, you will only be required to pay for Services that We have already provided up until the point at which We inform you that We are cancelling. Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums.
Once We have begun providing the Services, We may cancel the Contract at any time and will give you at least 30 calendar days' written notice of such cancellation. You will only be required to pay for Services that you have received. Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums.
We may cancel immediately by giving you written notice in the following circumstances. You will only be required to pay for Services that We have already provided up until the point at which We inform you that We are cancelling. Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums:
You fail to make a payment by the due date as set out in Clause 8. This does not affect Our right to charge you interest on any overdue sums as set out in sub-Clause 8.4; or
You breach the contract in a material way and fail to remedy the breach within a period of 10 calendar days of Us asking you to do so in writing.
Refunds under this Clause 12 will be issued to you as soon as possible, and in any event within 10 calendar days of the day on which you inform Us that you wish to cancel.
Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Services [unless you specifically request that We make a refund using a different method].
Our Liability - check contracts
We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.
Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to costs and expenses We have incurred by you obtaining replacement services of similar description and quality in the cheapest market available.
Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.
We provide a virtual service only. We will not be liable to you for property damage and We are not responsible for any pre-existing faults or damage in or to your property that We may discover while providing the Services.
Events Outside of Our Control (Force Majeure)
We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
Complaints and Feedback
We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
Other Important Terms
We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission. The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale at any time, We will give you at least two weeks written notice of the changes before they come into effect.
Law and Jurisdiction
These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
Any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.