CITY CV LIMITED
Terms and Conditions for Individuals
Version 1.1a dated August 2013
1. Application of terms and conditions
1.1. These terms and conditions (“Terms”) apply to any orders placed with City CV Limited of 46 New Broad Street, London, EC2M 1JH (“us” or “we”) for the purchase of any of our products or services (“Services”). By placing an order on our website www.citycv.co.uk (“our site”), over the telephone or otherwise, you agree to the following Terms and that these prevail over any inconsistent terms or conditions contained, or referred to, elsewhere or as implied by law, trade custom, practice or course of dealing.
1.2. The agreement between us and you and which is subject to these Terms (“Contract”), shall come into effect upon us emailing you to confirm our acceptance of your order and shall continue until terminated in accordance with these Terms.
2. Order process
2.1. If you are purchasing online, the order process will be as follows:
2.1.1. Select the products or services that you would like to purchase and click on the “Order Now” button. You will then be directed to our payment page where you can either pay using a PayPal account or with a credit or debit card.
2.1.2. If you are paying with a debit or credit card, you will be directed to a secure payment page to enter your details. Once payment is made you will automatically be sent a receipt. You will not be re-directed back to our site.
2.1.3. If you are paying by PayPal, you will be re-directed to the PayPal website for you to make payment and then once payment is made, you will automatically be sent a receipt. You will not be re-directed back to our site.
2.1.4. We will send you an email acknowledging your order and confirming whether we have accepted your order.
2.1.5. If at any stage you have made an error in your order, you may email us at email@example.com to correct any errors.
2.2. If you are purchasing online, you should print a copy of these Terms as a record of the terms and conditions applicable at the time of your order, as we will not be filing a copy and we may change these Terms from time to time. We will also send you a copy of our Terms and Conditions on confirmation of your consultation or appointment.
2.3. If you are placing your order over the telephone and your credit or debit card payment is processed manually, we will send you a receipt for your payment via email.
3.1. Within 7 days of you placing an order for our Writing Services (namely us writing for you a tailored completed curriculum vitae, CV covering letter, LinkedIn profile, executive biography and/or job application form), we will use all reasonable endeavours to contact you to agree a mutually convenient time and date for a telephone or Skype consultation (“Telephone Consultation”).
3.2. In order to enable us to provide the Telephone Consultation, you will complete and return to us by email to firstname.lastname@example.org all information requested by us at least 24 hours ahead of the agreed time for the Telephone Consultation. If you don’t provide such requested information within that timescale, we reserve the right to change the time of the Telephone Consultation. If after three requests, we have still not received the requested information, the Contract shall automatically terminate, we shall have no further obligations to provide the Services and we shall not be obliged to provide you with a refund.
3.3. Within 14 days of the Telephone Consultation, we shall send you by email a Word version of the relevant document(s) that you have ordered. We will, without further charge, make any amendments (requested by you) to such document(s) until the later of (i) you confirming that you happy with such document(s) and (ii) the date falling 30 days after the date on which we sent you the original document(s). You will be deemed to be happy with the document if you have not requested any changes (or further changes) within five days of us sending you the original document(s) or any amended document(s).
3.4. The date and time of all Telephone Consultations, telephone or Skype interview coaching sessions and face to face interview coaching sessions (“Sessions”) are subject to change. We will provide you with as much notice of any change as is possible but we shall not be liable to you in any way for any change to such dates or times.
3.5. If for any reason you need to postpone your scheduled consultation, please provide us with as much notice as possible by emailing email@example.com or by calling 020 7100 6656 and we will endeavour to reschedule the session to a mutually convenient date and time. Due to additional administrative costs and the impact on writer workflow / writer loss of income, the fees (inclusive of VAT) for rescheduling are:
One week to 72 hours’ notice: £50
72 – 48 hours’ notice: £75
24 hours’ notice or less: £100
3.6. If you arrive late for a Session, we will try to extend the end time but if this is not possible, the Session will end at the scheduled time and we will not be obliged to refund you any amounts paid in relation to such Session.
3.7. The face to face interview coaching sessions may be held in third party venues such as hotel meeting rooms and you agree to comply at all times with such venue’s policies and rules in relation to such venue (particularly fire safety and health and safety rules). We will require you to leave if you do not comply with such policies and rules (and shall not be obliged to refund you any amounts paid in relation to such session).
3.8. You are responsible for your own belongings that you take to a face to face interview coaching session and neither we, nor any of our consultants, nor the venue will be liable for any loss, damage, theft or destruction of any of your belongings.
3.9. You agree to indemnify us against any claim from any third party (and associated costs and expenses (including professional fees) arising out of your actions or inactions while at a venue as part of the Services.
4.1. Where we are providing goods or products (“Products”), the following terms and conditions of this paragraph 4 shall apply.
4.2. Any photographs of the Products on our site are for illustration purposes only.
4.3. The delivery charges for the Products are as set out on our site from time to time.
4.4. Your order will be fulfilled by the estimated delivery date set out in our confirmation email or as described on our site, unless there is an event outside of our control. If we are unable to meet the estimated delivery date because of an event outside our control, we will endeavour to contact you with a revised estimated delivery date.
4.5. Delivery will be completed when we deliver the Products to the address you gave us when you placed the order and the Products will be your responsibility from the completion of delivery.
4.6. If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery. Return delivery will be at your expense.
4.7. You own the Products once we have received payment in full, including all applicable delivery charges.
5.1. The total price payable for the Services and Products is as set out on our site from time to time.
5.2. Payment is to be made by any method that is detailed on our site from time to time.
5.3. We shall not be obliged to provide any Services or despatch any Products to you until payment for such Services and/or Products has been received by us in full in cleared funds.
5.4. Where further payment is due (for example due to cancelled Sessions), we will invoice you for such further payments and you shall pay such invoice within 7 days of the date of the invoice.
5.5. Without prejudice to any other right or remedy that we may have, if any sum payable under these terms is not paid within 7 days of the date due we reserve the right to (i) charge interest from the date due for payment to the actual date of payment at the rate of 3% above the base rate of Barclays Bank PLC from time to time in force and/or (ii) suspend the availability of the Programme until such time as payment is made or the Contract is terminated.
5.6. Prices are inclusive of Value Added Tax (and any other applicable taxes or duties) except where expressly stated otherwise in which case VAT or other applicable tax or duty shall be added at the applicable rate where necessary.
5.7. You shall be responsible for all travel, accommodation and other subsistence costs and all other expenses incurred by you in connection with the Services.
5.8. All payments are non-refundable other than as set out in paragraph 6.7 below.
5.9. Any credit or unspent monies on your account for goods or services is valid for six months from the date of your order. Once this period expires, you will need to reorder the required service and make payment again at the current price.
6. Our obligations
6.1. We warrant to you that the Products and Services are of satisfactory quality and reasonably fit for the purpose for which they are supplied.
6.2. Other than as set out in paragraph 6.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of job applications and interviews and a number of factors over which we have no control, we do not guarantee any particular results from you using our Products or Services.
6.3. We will endeavour to ensure that all information that we provide is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.
6.4. We acknowledge that in the course of the provision of the Services we will have access to your confidential information and we agree not to (except in the proper course of our duties) use or disclose to any third party such confidential information. This restriction does not apply to:
(a) any use or disclosure authorised by you or required by law;
(b) any use or disclosure which we in our absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or
(c) any information which is already in, or comes into, the public domain otherwise than through our unauthorised disclosure.
6.5. Although the Consumer Protection (Distance Selling) Regulations 2000 (“Regulations”) may apply to the provision of Services provided under the Contract, you agree that we may commence the performance of the Contract before the end of the cancellation period referred to in the Regulations and that if we do commence the performance of the Services, your right to cancel the Contract shall end as soon as our performance of the Contract commences.
6.6. In relation to any personalised goods provided as part of the Contract, the Regulations shall not apply to the provision of such goods and you shall not have the right to cancel any orders made for such goods.
6.7. Aside from the Regulations, you have the right to cancel any orders as follows:
6.7.1. Any cancellations must be made in writing by emailing firstname.lastname@example.org or by registered post to 46 New Broad Street, London, EC2M 1JH.
6.7.2. We will provide a refund of the price of the cancelled order (less an administration charge of 10% of the price of the cancelled order) for any cancellation for which we receive a notice of cancellation more than 7 days before the date of a scheduled Session.
6.7.3. We will provide a refund of the price of the cancelled order (less an administration charge of 50% of the price of the cancelled order) for any cancellation for which we receive a notice of cancellation more than 72 hours but 7 days or less before the time of a scheduled Session.
6.7.4. We will provide no refund for any cancellation for which we receive a notice of cancellation 72 hours or less before the time of a scheduled Session.
6.7.5. All refunds will be made within 30 days of our receipt of a valid notice of cancellation and shall be refunded by the method used by you to pay for the order.
6.8. You acknowledge and agree that your personal data will be processed by and on behalf of us as part of us providing the Services to you.
7. Intellectual Property
7.1. We are the owner or the licensee of all Intellectual Property Rights and all other rights in all materials and all content provided as part of the Products or Services (“Materials”) and nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the Materials to you or to any other person.
7.2. You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the Materials.
7.3. We grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of Materials for the purposes for which the Products or Services were provided only.
7.4. We may from time to time record the sessions being provided to you as part of the Services. You authorise us to use your image and voice in any such recordings without payment, other condition or need for further consent.
7.5. The provisions of this paragraph 7 shall survive termination of the Contract.
8. Term and termination
8.1. The Contract shall continue until the completion of the delivery of the Products or the Services when the Contract shall expire other than for the Terms that are specifically stated to remain in force.
8.2. Notwithstanding the provisions of paragraph 8.1, either of us may terminate the Contract on written notice to the other with immediate effect if at any time:
8.2.1. The other commits any serious or repeated breach of any of the provisions of these Terms; or
8.2.2. The other (i) makes a resolution for its winding up, (ii) makes an arrangement or composition with its creditors, (iii) makes an application to a court of competent jurisdiction for protection from its creditors, (iv) is unable to pay its debts, (v) ceases trading or an administration or winding-up order is made or an administrator or receiver is appointed in relation to such party, (vi) is declared bankrupt or (vii) is convicted of a custodial offence (other than a road traffic offence); or
8.2.3. The other party commits any fraud or dishonesty or acts in any manner which in the opinion of the terminating party brings or is likely to bring the terminating party into disrepute or is materially adverse to the interests of the terminating party.
8.3. On or before the date of termination of the Contract, you shall immediately pay any unpaid charges or other sums payable under these Terms.
8.4. Termination of this agreement shall not affect either of our accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this Contract, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
8.5. Any delay by us in exercising our right to terminate the Contract shall not constitute a waiver of our right to terminate or to seek any other remedy.
8.6. Paragraphs which expressly or by implication have effect after termination of the Contract shall continue in full force and effect after the date of termination of the Contract.
8.7. This paragraph 8 shall survive termination of the Contract.
8.8. Where the Contract expires, this shall be treated as a termination for the purposes of paragraph 8.7 and all other paragraphs that refer to “termination”.
9.1. Nothing in this paragraph 9 shall limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.
9.2. We shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by the you as a result of you entering into the Contract and/or us providing the Services.
9.3. Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall in all circumstances be limited to the price paid by you for the Products or Services.
9.4. If we are prevented from, delayed or hindered in performing our obligations by your act or omission (such as you not completing the pre-consultation notes in full, you not providing us with the information we require to provide the Services, or you not allocating sufficient quiet time for your consultation call ) or by any circumstance outside of our control, we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
9.5. It is your responsibility to check the content of the deliverables of our Writing Services and we shall not be liable for any error or omission in any documents provided as part of the Services. As professional writers, we strive for accuracy in every document we produce. However, you ultimately know yourself best and, therefore, you hold final responsibility for ensuring the accuracy (including correct spelling) of all dates, names, employers, and other facts, figures, and data. For this reason, the existence of a typographical error is justification for a correction or revision, but not for a refund.
9.6. The provisions of this paragraph 9 shall survive termination of the Contract.
9.7. You acknowledge and agree that:
9.7.1. The Contract constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Services (which shall be deemed to have been terminated by mutual consent);
9.7.2. in entering into the Contract you have not relied on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the provision of the Services other than as expressly set out in the Contract.
10.1. By purchasing our Services or Products you warrant that:
10.1.1. You are legally capable of entering into binding contracts; and
10.1.2. You are at least 18 years old; and
10.1.3. That all information you provide us with is materially true and accurate at all times and not misleading in any way.
10.2. You accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
10.3. We may vary these Terms as we see fit from time to time and if we do, we shall notify you by email of the change of terms.
10.4. The Contract is personal to you and you may not assign, transfer, charge, subcontract, sub-license or deal in any other manner with all or any of your rights under the Contract.
10.5. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
10.6. If we fail to insist upon strict performance of any of your obligations under the Contract, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is in writing.
10.7. If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
10.8. A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
10.9. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under the Contract are not subject to the consent of any person that is not a party to the Contract.
10.10. The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
We each irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).
10.11. Unless the context otherwise requires, a reference to one gender shall include a reference to the other gender.
10.12. No employee, agent, sub-contractor or consultant of City CV Limited (other than a board director of City CV Limited) has any authority to change any provision of these terms under any circumstances.