Terms and Conditions – danby kommunikation ltd

31 Brackenley Drive, Embsay, Skipton, North Yorkshire, BD23 6QN, United Kingdom.
Email: enquire2@danby-kommunikation.com. Tel.: +44 (0)1756 797350

§ 1 Scope of application

The following Terms and Conditions apply to all contracts for Services from danby kommunikation ltd, a company registered in England and Wales under number 7742019, whose registered office is at 31 Brackenley Drive, Embsay, Skipton, BD23 6QN (we or us or Service Provider) to the person or organisation buying the Services (you or Customer). You are deemed to have accepted the Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) shall be the sole Agreement between us. This shall also apply to all subsequent transactions in the case of a continuous business relationship with the Customer.

You acknowledge that you have not relied on any statement, promise or representation made or given by us or on our behalf. Our Terms and Conditions of contract shall apply to the Contract to the exclusion of any other terms implied by trade, custom, practice or course of dealing. Any terms and conditions of the Customer deviating from our contractual Terms and Conditions shall not be valid.

The headings in these Terms and Conditions are for convenience only and do not affect their interpretation. Words imparting the singular number shall include the plural and vice versa.

§ 2 Services

  1. We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects.
  2. We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.
  3. All of these Terms and Conditions apply to the supply of all Services unless we specify otherwise.

§ 3 Fees/terms of payment

  1. The Fees are set out in our quotation and are on a time and materials basis, inclusive of any applicable VAT or other taxes or levies imposed or charged by any competent authority. In addition to the Fees, agreed ancillary services shall be charged separately including, but not limited to, travelling expenses, hotel costs, subsistence and associated expenses, courier journeys, postage, packaging and transport insurance.
  2. We will invoice you for the Fees either when we have completed the Services or on the invoice dates set out in the quotation.
  3. The invoice amount is to be paid within 30 days after receipt without deduction. The Customer shall be in default at the latest if they do not pay our invoice within 30 days after receipt and due date. During the period of default, the invoice amount shall bear interest at a rate of 5% above the base interest rate. If we can demand higher interest for another legal reason, this interest shall continue to be paid.
  4. Payment orders, cheques and bills of exchange shall only be accepted after special written agreement and only on account of payment, and all collection and discount charges shall be invoiced.
  5. The Customer shall only be entitled to set-off rights if their counterclaims have been legally established, are undisputed or have been recognised by us.
  6. All payments must be made in British pounds sterling unless otherwise agreed in writing between us.

§ 4 Delivery/delivery time

  1. Force majeure, industrial disputes or inability to deliver through no fault of our own shall extend the agreed delivery periods by the duration of the hindrance.
  2. We shall not be liable for delays in post or transport or for incomplete transmission of texts by email or other electronic data transmission. Any claims to which we may be entitled shall be assigned to us.

§ 5 Liability and indemnity

  1. Our liability under the Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.
  2. The total amount of our liability is limited to the total amount of Fees payable by you under the corresponding Contract.
  3. We are not liable in connection with our provision of the Services or the performance of our other obligations under these Terms and Conditions or the quotation for:
    1. any indirect, special or consequential loss, damage or costs or expenses; or
    2. any loss of profits, loss of anticipated profits, loss of business, loss of data, loss of reputation or goodwill, business interruption or other third-party claims; or
    3. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements.
  4. The Customer undertakes to check the performed Services, in particular corrected or translated texts, for obvious defects and omissions immediately upon receipt.
  5. If there is a defect for which we are responsible, we shall be entitled, at our discretion, to remedy the defect or to make a replacement delivery. In the event of rectification of the defect, we shall be obliged to bear all expenses necessary for the purpose of rectifying the defect, in particular transport, travel, labour and material costs, insofar as these are not increased by the fact that the purchased item has been taken to a place other than the place of fulfilment.
  6. If the rectification of the defect fails or if we are not willing or able to rectify the defect or make a replacement delivery or if this is delayed beyond a reasonable period for reasons for which we are responsible, the Customer shall be entitled to withdraw from the Contract or to demand a reduction in the purchase price.
  7. The above limitation of liability shall not apply if the cause of the damage is based on intentional or grossly negligent conduct.
  8. In the event of claims for damages of any kind whatsoever, we shall only be liable up to the amount of the corresponding Contract.

§ 6 Data protection

  1. When supplying Services to the Customer, the Service Provider may gain access to and/or acquire the ability to transfer, store or process Personal Data of the Customer or of employees of the Customer.
  2. The parties agree that where such processing of Personal Data takes place, the Customer shall be the Data Controller and the Service Provider shall be the Data Processor as defined in the General Data Protection Regulation (GDPR) (UK & EU).
  3. The Service Provider shall only process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these Terms and Conditions or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary and refrain from processing Personal Data for its own or for any other third party’s purposes.
  4. The Service Provider shall not disclose the Personal Data to any third parties other than employees, directors and advisors on a strict need-to-know basis and only under the same (or more extensive) conditions as set out in these Terms and Conditions or to the extent required by applicable legislation and/or regulations.
  5. The Service Provider shall implement technical and organisational security measures as are required to protect the Personal Data processed by the Service Provider on behalf of the Customer.
  6. For further information about the Service Provider’s approach to Data Protection, refer to its Data Protection & Privacy Policy, which can be found under ‘Legal’ on this website (danby-kommunikation.com), or email enquire2@danby-kommunikation.com.

§ 7 Termination

We can terminate the provision of Services immediately if you:

  1. commit a breach of your obligations under these Terms and Condition; or
  2. fail to pay any amount due under the Contract on the due date for payment; or
  3. are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor.

§ 8 No waiver

No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right or remedy.

§ 9 Severance

If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that/those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

§ 10 Place of performance/jurisdiction

  1. The place of performance and jurisdiction for both contracting parties is expressly agreed to be Skipton, England. The Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
  2. The same place of jurisdiction shall apply if the Customer does not have a general place of jurisdiction in the United Kingdom, moves their place of residence or habitual abode out of the United Kingdom after conclusion of the contract or their place of residence or habitual abode is not known at the time the action is brought.