Terms and conditions
Scope
These Standard Terms apply to the supply of all products and services
by Mystery Limited, unless we otherwise agree in writing.
Agency
We accept orders and instructions only on the basis that those
instructing us do so as principals and are liable directly to us
for payment of our account.
Adequacy of instructions
We provide services only on the basis that those instructing us
give us all proper, necessary and timely instructions, authority
and information (including the execution of all documents required)
to enable us to undertake lawfully and effectively the business
instructed, and that those instructing us indemnify us accordingly.
Copyright and publication
We accept material for printing and/or publication on the basis
that those submitting the material are responsible for ensuring
it is free from defamatory matter and does not infringe copyright
or any other third party rights, and that those instructing us
indemnify us accordingly.
Third party reliance
Our services are provided solely for the use of our client and
that client's own client on whose behalf the work has been commissioned
and shall not be used or relied upon by any other third party.
Delivery of products and services
Products are delivered using first class post or email (as appropriate),
unless otherwise stated. Where you request an alternative method
of delivery, you must meet those costs. Services are provided using
reasonable skill and care.
The description and price of goods and services and delivery details
will be provided in the confirmation of order and/or invoice dispatched
with the product or service. Products and services will be provided
in accordance with the timescales set out in the Consumer Protection
(Distance Selling) Regulations 2000 unless otherwise agreed with
you.
Proofs
We will accept no responsibility for any errors in proofs that have been approved by the client.
Claims
Claims for damage, shortage, defect or non delivery of goods must be made within seven days of receipt of invoice and we will not be liable for any such complaint made after this time.
Payment
We may require cash payment in advance before providing any goods
or services. Where we have agreed credit terms for you our invoices
are due for payment 30 days from their date. We reserve the right
to charge for costs and expenses incurred in recovering late payments,
and to charge interest at the rate then in force pursuant to the
Late Payment of Commercial Debts (Interest) Act 1998 as at the
due date.
Non-completion of services
Where you instruct us to undertake any service, you will be responsible
for our costs in providing that service whether or not it proceeds
to its conclusion.
Liability
We accept no liability for loss or damage (direct, indirect or
consequential) including all loss of profit or business arising
out of any single claim, event, or series of related claims or
events (including claims based on negligence).
Privacy policy and data protection
Mystery Limited will use personal information which we hold about
you to provide our services and products to you, for credit control
and market research purposes and to inform you about our services
and products or events which we believe may be of interest to you.
We may only share your information with staff, clients, or other specialist
networks with the sole purpose of completing your order or transaction.
In order to provide services to you we may be required to pass
your personal information to parties located outside of the European
Economic Area in countries, which do not have data protection laws
equivalent to those in the UK. Where this is the case we will take
reasonable steps to ensure the privacy of your information. Except
in the situations listed above or as required or allowed by law
or other regulation, we will not pass, disclose, rent or sell your
personal information (other than any personal information which
is already publicly available) to any third party without your
prior consent.
Any personal information that you submit to our website
is similarly subject to the terms set out in this privacy policy.
By submitting your personal information, you consent to becoming
a registered user of our website, and to us using the details that
you have provided within the terms set out in this privacy policy.
We may use the information to help us understand more about how
our site is used by visitors and to enhance our services to you.
By submitting your personal information, you give consent for us
to contact you from time to time for marketing, advertising and
public relations purposes and for as long as necessary for the
purposes of fulfilling our obligations to you. We may also periodically
send out information updates to registered users of the Mystery
website.
We make every effort to ensure the security of our systems.
Unfortunately, no data transference or storage can be guaranteed
to be 100% secure. As a result, while we strive to protect your
personal information after we've received it, we cannot ensure
or guarantee the security of the information.
You have the right, by written request and on
payment of a small fee, to a copy of any personal data (as defined
in the Data Protection Act 1998) which we hold about you.
Compatibility
We try to ensure that any websites we produce will function correctly
on the server they are initially installed on and that they will
function correctly when viewed with the latest versions of Microsoft
Internet Explorer and Mozilla Firefox running on Windows 2000 Professional.
Due to the large number of possible operating system and browser
combinations we cannot guarantee our websites will function correctly
on all other systems.
Due diligence
In certain circumstances we are required by law to collect evidence
of identity from our clients. If you fail to supply any due diligence
which we request we will be unable to provide services to you.
Customer services
If you are unhappy with any aspect of our service, please contact
our Head of Client Services. Any complaints will be dealt with
sympathetically and we will work with you to reach a satisfactory
conclusion.
Quotations and costs
Our quotes are valid for 21 days. Any advance payments are due
immediately, with the remainder due within 30 days or on project
completion for any other work. Our costs exclude VAT and any outside
costs incurred (for example: travel, photography, copywriting,
stock imagery, delivery, couriers and other reasonable expenses).
Our hourly rate is £85.00 p/hr. any work outside an agreed
list of deliverables, in the absence of a quote or due to author's
changes is charged at this rate.
We will provide you with estimated
timescale for progress and completion of work and will use reasonable
endeavors to meet those timescales (as long as you perform your
obligations promptly). Any quoted dates or times are our best
estimates only and we cannot guarantee that they will be met.
Use of third party contractors
We may, as your agent, directly or through an intermediary ask
another contractor ("Third Party Contractor") to carry
out some or all of any work, which you instruct us to carry out
for you. We shall pay the charges of Third Party Contractors on
your behalf and recharge them to you with our own fees. We will
take all reasonable care in selecting and instructing a Third Party
Contractor. However, we have no control over the activities of
a Third Party Contractor and therefore accept no responsibility
for the services provided to you by that Third Party Contractor
or for any errors or omissions in its work or products.
Use of work for self-promotion
We reserve the right to use any work we produce for the purpose
of self-promotion.
Changes to terms and conditions
We reserve the right to make changes to these terms and conditions
from time to time.
Jurisdiction
Contracts between us will be concluded in the English language
and our relationship with you will be governed by English law and
will be subject to the exclusive jurisdiction of the English courts. |