Terms & Conditions
Terms & Conditions
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to Beat The Cowboy Builder “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Beat The Cowboy Builder Terms. These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
Confidentiality. We are committed to maintaining the highest degree of integrity in all our dealings with potential, current and past clients, both in terms of normal commercial confidentiality, and the protection of all personal information received in the course of providing the business services concerned. We extend the same standards to all our customers, associates and affiliates. We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Ethics. Beat The Cowboy Builder always conduct its provided services honestly and honourably, and expect our clients to do the same. Our advice, assistance and the methods imparted take proper account of ethical considerations, together with the protection and enhancement of the moral position of our clients.
Duty of care. Beat The Cowboy Builder’s actions and advice will always conform to relevant law, and we believe that all businesses and organisations, including Beat The Cowboy Builder, should avoid causing any adverse effect on the human rights of people in the organisations we deal with, the local and wider environments, and the well-being of society at large.
Conflict of interest. Due to the sensitive nature of our particular consultancy services, we will not provide a service to a direct competitor of a client, and we generally try to avoid any dealings with competitor companies even after the cessation of services to a client.
Contract. Beat The Cowboy Builder insist an agreed and signed contract be in place between both parties involved in any project. Any project carried out without a contract in place will automatically exonerate Beat The Cowboy Builder from all or any involvement with either party.
Disclaimer Exclusions and Limitations. The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
- excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
- excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Payment. Beat The Cowboy Builder operate our consultancy payment as upfront payment for the said consultancy. We operate our guide access payment as an upfront payment. This is a protective measure to ensure our services are paid for. Payment of the full fees must be made to instigate the consultancy or access to the guide. Cash, all major Credit/Debit Cards, Bankers Draft or BACS Transfer are all acceptable methods of payment. Our Terms are payment in full within thirty days. All goods remain the property of the Company until paid for in full. Monies that remain outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing Bank of England's base rate on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed £3000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
Returned cheques will incur a £25 charge to cover banking fees and administrative costs. In an instance of a second Returned cheque, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
Cancellation Policy. Minimum 24 hours notice of cancellation required. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a £30 charge to cover any subsequent administrative expenses.
Termination of Agreements and Refunds Policy. Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused services shall be refunded.
Availability. Unless otherwise stated, the services featured on this website are only available within the United Kingdom, or in relation to postings from the United Kingdom. All advertising is intended solely for the United Kingdom market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Log Files. We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links to this website. You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website. We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright Notice. Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website. This Company’s logo is a registered trademark of this Company in the United Kingdom and other countries. The brand names and specific services of this Company featured on this web site are trade marked.
Intellectual property and moral rights. Beat The Cowboy Builder retain the moral rights in, and ownership of, all intellectual property that we create unless agreed in advance with our clients. In return we respect the moral and intellectual copyright vested in our clients' intellectual property. Beat The Cowboy Builder is a Registered Trademarked Company and is the sole owner of all intellectual property relating to Beat the Cowboy Builder. Upon affiliation with Beat The Cowboy Builder a license will be issued to the affiliate, this license gives them the permission to display, utilise the Beat The Cowboy Builder Logo and name on any relevant documentation they choose to display it on. Beat The Cowboy Builder reserve the right to suspend this licence at any time in the event of any contractor acting in a manner that is deemed to be inappropriate or is in contravention of these terms and conditions.
Professional Conduct. Beat The Cowboy Builder conduct all of its activities professionally and with integrity. We take great care to be completely objective in our judgement on any recommendations that we give, so that issues are never influenced by anything other than the best and proper interests of our clients. We cannot and will not give oral advice; all advice will be given in a written format only. We cannot and will not offer any legal advice on any subject matter. We cannot and will not pass comment or make any judgment on the integrity or professional standing of any other party involved in a consultation or any other matter. We can and will offer the services of a professional legal body that can advise on any legal matter. We insist that the services of the legal body we recommend be used, this particular subject is highly specialised and a specialist in these sensitive legal matters needs to be employed to deal with them. This is also to install an element of protection for our company’s integrity and professional standing. To enable us to act in a totally professional manner if it becomes the case that a referral of any problem is made to a legal body the relationship between the client and Beat The Cowboy Builder Consultancy will immediately cease. In the event of a decision being made to instigate legal action all matters relating to the problem will then be solely between the legal body and the client. The client agrees that all documentation on any and all problems that Beat The Cowboy Builder Consultancy has accrued on file can be handed over to that appointed legal body.
Influence. Our advice on any subject is strictly that, advice, we will not influence the client or any other body to make decisions on the advice or recommendations we have given, and as such we Beat The Cowboy Builder and any company associated with us will be indemnified for any damage or liability pertaining to any advice or recommendations given. At all times we will be totally impartial and relate advice and recommendation only on the given subject and will not pass any comment or judgement on any person’s character or professional standing or integrity. We will never make assumptions or draw conclusions on any subject matter.
Equality and discrimination. We always strive to be fair and objective in our advice and actions, and we are never influenced in our decisions, actions or recommendations by issues of gender, race, creed, colour, sexuality, age or personal disability.
Appointment. The acceptance of these terms and conditions signifies that any person utilising any of our services is in full agreement with the terms and conditions contained within. The appointment of any affiliate and the issue of any licence will be subject to the agreement that the affiliate operates in strict accordance with these terms and conditions and operates as a separate entity from Beat The Cowboy Builder. The affiliate agrees to indemnify Beat The Cowboy Builder against all and any unprofessional activity or malpractice that may come about during the day to day activities of the affiliate. The terms and conditions set out in this document are applicable to all and each individual service we provide.
Communication. We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers. This company is registered in England and Wales, Beat the Cowboy Builder www.beatthecowboybuilder.com 100 Old Hall Street, Liverpool, L3 9QJ 0345 475 2421 [email protected]
Force Majeure. Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Waiver. Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
General. The laws of England and Wales govern these terms and conditions. By accessing this website and using our services/buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.