TERMS & CONDITIONS

TERMS OF WEBSITE USE

 

This page (and the documents it refers to) tells you the terms of use on which you may use our website nopencilrequired.co.uk (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you accept these terms of use and agree to abide by them. If you do not agree to these terms of use, please do not use our site.

ABOUT US

Nopencilrequired.co.uk is a site operated by Teresa Robinson trading as No Pencil Required  (“we” or “us”). Our address is West Knapps House, Plymouth PL90DQ and our email address is teresa@nopencilrequired.com

OUR SITE

We allow access to our site on a temporary basis and we reserve the right to withdraw, restrict or change our site at any time and without notice. We will not be liable if for any reason our site is unavailable at any time or if the content is changed or out of date.

You must treat as confidential any user identification code, password or other security feature in relation to our site. If, in our opinion, you aren’t complying with these terms of use, we have the right to disable any such code, password or feature at any time.

You must comply with the provisions of our Acceptable Use Policy when using our site.

It is your responsibility that anyone who accesses our site through your internet connection is aware of these terms and complies with them.

VARIATIONS

We may revise these terms of use at any time by amending this page or by provisions or notices published elsewhere on our site.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not use any part of the materials on our site for commercial purposes without a licence from us or our licensors. You may not reproduce in any format (including on another website) any part of our site (including content, images, designs, look and feel) without our prior written consent.

If, in our opinion, you are in breach of these provisions, your right to use our site will cease immediately and you must either return or destroy (as required by us) any copies of the materials you have made.

RELIANCE ON INFORMATION AND LINKS

The contents of our site (including links to other sites and resources provided by third parties) are for information only, and we shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

LINKING TO OUR SITE

You may link to our home page only if you have first obtained our written consent and provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice.

The website from which you are linking must comply in all respects with our Acceptable Use Policy and must be owned by you.

You must not link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

If you wish to make any use of material on our site other than that set out above, please address your request to teresa@nopencilrequired.com

UPLOADING MATERIAL TO OUR SITE

When you upload material to our site, or make contact with other users of our site, you must comply with our Acceptable Use Policy. If you upload material in breach of our Acceptable Use Policy and we suffer loss as a result, you will reimburse us for such loss.

Any material you upload to our site will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose it to third parties. If any third party claims that any material posted or uploaded by you to our site violates their intellectual property rights, or their right to privacy, we have the right to disclose your identity to them.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our site by knowingly introducing any 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 failing to comply with this provision, you would commit a criminal offence and your right to use our site will cease immediately and we will report your actions to the relevant authorities.

OUR LIABILITY

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for:
    • loss of income or revenue;
    • loss of business;
    • loss of profits or contracts;
    • loss of anticipated savings;
    • loss of data;
    • loss of goodwill;
    • wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect any liability which cannot be excluded or limited under applicable law.

JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.

These terms of use 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) shall be governed by and construed in accordance with the law of England and Wales.

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STANDARD TERMS OF

No Pencil Required of West Knapps House, Plymouth PL90DQ (“we” or “us”)

 

WHERE TO FIND INFORMATION ABOUT US AND OUR SERVICES

You can find everything you need to know about us, No Pencil Required, and our services [on our website][, in our catalogue][ or from our sales staff] before you order. We also confirm the key information to you in writing after you order[, either by email, in your online account or on paper].

[NOTE: IF YOU ARE SELLING ‘OFF PREMISES’ (WHERE THE PURCHASER IS FACE TO FACE WITH YOU IN A PHYSICAL PREMISES THAT IS NOT YOUR USUAL TRADING PREMISES EG AN EXHIBITION OR WHERE YOU ARE SELLING FROM THE STAGE, YOU NEED TO PROVIDE THIS INFORMATION BEFORE THE ORDER IS MADE SO YOU SHOULD CHANGE ‘AFTER YOUR ORDER’ ABOVE TO ‘BEFORE YOU ORDER’ IN THIS CASE. SEE THE CHECKLIST OF INFORMATION REQUIRED FOR OFF PREMISES CONTRACTS IN THE CHECKLISTS TAB OF THE LEGAL ACADEMY]

WHEN YOU BUY FROM US YOU ARE AGREEING THAT:

WE ONLY ACCEPT ORDERS WHEN WE’VE CHECKED THEM

We accept your order when we supply the service to you.

SOMETIMES WE REJECT ORDERS

Sometimes we reject orders, for example, because the service was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

WE CHARGE YOU WHEN YOU ORDER, WE ACCEPT YOUR ORDER OR WE SUPPLY YOUR SERVICE

[However, for some services we take payment at regular intervals, as explained to you during the order process.]

WE CHARGE INTEREST ON LATE PAYMENTS

If we’re unable to collect any payment you owe us we charge interest on the overdue amount at the rate of [4]% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

[NOTE: 4% ABOVE BASE RATE HAS FOUND TO BE A REASONABLE RATE AT WHICH TO CHARGE CONSUMERS INTEREST]

WE PASS ON INCREASES IN VAT

If the rate of VAT changes between your order date and the date we supply the service, we will, where applicable, adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

WE’RE NOT RESPONSIBLE FOR DELAYS OUTSIDE OUR CONTROL

If our supply of your service is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team: [teresa@nopencilrequired.com to end the contract and receive a refund for any services you have paid for in advance, but not received, less reasonable costs we have already incurred.

WE CHARGE YOU IF YOU DON’T GIVE US INFORMATION WE NEED [OR DO PREPARATORY WORK AS AGREED WITH US] [NOTE: DELETE THE FINAL PART OF THE SENTENCE IF NOT RELEVANT]

We charge you additional sums if you don’t give us information we’ve asked for about how we can access your property to provide the service or if you don’t do preparatory work to prepare for the services, as agreed with us. For example, we might need to reschedule services or withdraw our services.

YOU HAVE A LEGAL RIGHT TO CHANGE YOUR MIND

Your legal right to change your mind. For most of our services, you have 14 days after the date we confirm your order to change your mind about a purchase, but:

  • You lose the right to cancel any service, when it’s been completed (and you must pay for any services provided up the time you cancel).
  • You agree that we can start to provide the services before the expiry of the cancellation period and that if you cancel after the start of the services and before the services have been fully performed, you agree that you will pay for the supply of the service for the period for which they are supplied. The amount payable will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.
  • You cannot cancel a booking for in-house staff meetings and/or staff trainings, and/or any training or meetings to be held where travel to event site has been undertaken and/or on the day of agreed training, or 6 hours before any online inhouse trainings and/or staff meetings, You will still be charged for these services.

 

How to let us know and what happens next. If you change your mind contact our Customer Service Team: teresa@nopencilrequired.com, fill in the online form nopencilrequired.co.uk  or fill in a print-out and post it to us at No Pencil Required West Knapps House. Plymouth PL90DQ. We will refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. We will refund you by the method you used for payment. We don’t charge a fee for the refund.

[NOTE: IF YOU ARE SELLING DIGITAL PRODUCTS AS PART OF THE SERICES YOU NEED TO INCLUDE THE FOLOWING TEXT:

You agree that we may begin the supply of digital content not on a tangible medium before the end of the cancellation period set above and you acknowledge that you will lose your cancellation rights in relation to such digital content.

Any digital materials included as part of the course require the following hardware and software and other functional requirements in order to be fully used: N/A

Any digital materials included in the course have the following technical protection measures: N/A

 

YOU CAN END AN ON-GOING CONTRACT (FIND OUT HOW)

We tell you when and how you can end an on-going contract with us (for example, for regular services) during the order process and we confirm this information to you in writing after we’ve accepted your order. If you have any questions, please contact our Customer Service Team: teresa@nopencilrequired.com

YOU HAVE RIGHTS IF THERE IS SOMETHING WRONG WITH YOUR SERVICE

If you think there is something wrong with your service, you must contact our Customer Service Team: teresa@nopencilrequired.com . Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.

Summary of your key legal rights

In relation to services, the Consumer Rights Act 2015 says:

You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

If a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable.

If a time hasn’t been agreed upfront, it must be carried out within a reasonable

WE CAN CHANGE SERVICES AND THESE TERMS

Changes we can always make. We can always change a service:

  • to reflect changes in relevant laws and regulatory requirements; and
  • to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don’t affect your use of the service.

 

Changes we can only make if we give you notice and an option to terminate. We can also make the following types of change to the service or these terms, but if we do so we’ll notify you and you can then contact our Customer Service Team: teresa@nopencilrequired.com to end the contract before the change takes effect and receive a refund for any services you’ve paid for in advance, but not received.

WE CAN SUSPEND SUPPLY (AND YOU HAVE RIGHTS IF WE DO)

We can suspend the supply of a service. We do this to:

  • deal with technical problems or make minor technical changes;
  • update the service to reflect changes in relevant laws and regulatory requirements; or
  • make changes to the service.

 

We let you know, may adjust the price and may allow you to terminate. We will contact you in advance to tell you we’re suspending supply, unless the problem is urgent or an emergency. If we suspend the service [for longer than 2 weeks in any  12 week period we adjust the price so you don’t pay for it while its suspended.] If we suspend supply, or tell you we’re going to suspend supply, for more than 2 weeks you can contact our Customer Service Team: teresa@nopencilrequired.com to end the contract and we’ll refund any sums you’ve paid in advance for services you won’t receive.

WE CAN WITHDRAW SERVICES

We can stop providing a service. We let you know at least 5 days in advance and we refund any sums you’ve paid in advance for services which won’t be provided.

WE CAN END OUR CONTRACT WITH YOU

We can end our contract with you for a service and claim any compensation due to us if:

  • you don’t make any payment to us when it’s due and you still don’t make payment within 14 days of our reminding you that payment is due;
  • you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the service, for example, access to meetings/staff meetings and/or trainings on site and/or failure to attend zoom calls, meeting and/or online training events
  • Rudeness, disrespect and swearing to any trainers/staff at No Pencil Required.

 

WE DON’T COMPENSATE YOU FOR ALL LOSSES CAUSED BY US OR OUR SERVICES

We’re responsible for losses you suffer caused by us breaking this contract unless the loss is:

  • Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
  • Caused by a delaying event outside our control.
  • Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.
  • A business loss. It relates to your use of a product for the purposes of your trade, business, craft or profession 

 

WE USE YOUR PERSONAL DATA AS SET OUT IN OUR PRIVACY NOTICE

How we use any personal data you give us is set out in our Privacy Notice: nopencilrequired.co.uk

YOU HAVE SEVERAL OPTIONS FOR RESOLVING DISPUTES WITH US

Our complaints policy. Our Customer Service Team: teresa@nopencilrequired.com will do their best to resolve any problems you have with us or our services as per our Complaints policy: nopencilrequired.co.uk

Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint through their website at gov.uk . Gov.uk does not charge you for making a complaint and] [[if OR If] you’re not satisfied with the outcome you can still go to court.

You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

OTHER IMPORTANT TERMS APPLY TO OUR CONTRACT 

We can transfer our contract with you, so that a different organisation is responsible for supplying your service.

We’ll tell you in writing if this happens and we’ll ensure that the transfer won’t affect your rights under the contract.

You can only transfer your contract with us to someone else if we agree to this.

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.

 

If you are purchasing the Services as a consumer:

(a)          you have the right to cancel this agreement within 14 days of the date of this agreement by emailing us at teresa@nopencilrequired.com or by using the form of cancellation annexed to this agreement at Annex 1. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you cancel this agreement, we will reimburse to you all payments received from you in relation to the agreement within 14 days after the date on which we were informed about your decision to cancel this Contract; and

(b)         notwithstanding paragraph 7(a) above, you agree that we may begin the supply of digital content not on a tangible medium before the end of the cancellation period set out in such paragraph and you acknowledge that you will lose your cancellation rights in relation to such digital content; and

(c)          in relation to the provision of any services under this Contract:

(i)          you hereby request immediate performance of the Contract and acknowledge that you will lose your right of withdrawal from the Contract once the service contract is fully performed; and

(ii)         if you cancel the Contract before the services have been fully performed, you agree that you will pay for the supply of the service for the period for which they are supplied. The amount payable will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.

 

ANNEX 1

MODEL CANCELLATION FORM

 

To No Pencil Required –  teresa@nopencilrequired.com

I/we* hereby give notice that I/we* cancel my/our* contract of sale for the supply of the following services:

………………………………………………………………………………………………………………………………………

Ordered on ………………………………………………………………………………………………………

Name of consumer ………………………………………………………………………………………………………

Address of consumer ………………………………………………………………………………………………………

Signature of consumer ………………………………………………………………………………………………………

Date ………………………………………………………………………………………………………

[* delete as appropriate]