Tunnelbuilder is committed to doing business in an open and honest way. But, like everyone else, we do also have a few specific sections of ‘small print’. These terms and conditions (‘T&Cs’) are designed to protect both your business and ours.
If you are reading these terms electronically, you can use the zoom tool to enlarge them. If you’re looking at a hard copy from our media pack, you can request a larger print version by calling +44 (0) 7729 604866 or emailing firstname.lastname@example.org
These T&Cs apply to all new and existing customers (‘you’ or ‘the customer’) of Tunnelbuilder Limited (‘Tunnelbuilder’, ‘we’, ‘us’ or ‘the company’). Please read them carefully, in conjunction with any other documentation you may have received from us, because they contain important information about your legal rights and obligations.
These T&Cs do not affect your statutory rights. We reserve the right to change our T&Cs from time to time. If we do need to do this, we will let you know, usually by e-mail or in a newsletter, which we will send to you. We will also update our T&Cs online at www.tunnelbuilder.com, detailing any revisions. If we do not hear from you within 14 days of us advising you of any changes to our T&Cs, we will assume that you have accepted and agree to be bound by the revised terms. If you would like to discuss anything prior to signing your agreement or before confirming an order with us, please call us on +44 (0) 7729 604866 or email us at email@example.com
1) YOUR AGREEMENT
Your agreement comes into effect on the date you confirm our service. For the avoidance of doubt, this will be the date and time of the confirmation that you receive from us.
You agree that, in relation to any agreement with us, you are dealing in a business capacity and are not or will not deal as a consumer for the purposes of Section 12 of the Unfair Contract Terms Act 1977. You agree that this agreement is a business-to-business agreement. As such, we will follow the guidelines issued by the Office of Fair Trading regarding cancellation rights of such agreements and any cooling off period that may apply to them. Distance selling legislation may also be applicable to your agreement, depending on how and when you ordered our service.
2) SIGNING AND UNDERSTANDING YOUR AGREEMENT
In most cases, we will provide you with an electronic agreement to review and sign, provided you have supplied us with an email address. Please note, however, that for some of our products and services, there is no legal obligation for us to obtain a signed contract in order for you to be bound by our T&Cs. You therefore agree that we may issue your agreement and sales order and/or subsequent invoice based on information agreed with you during the confirmation that we will make to you when you order and confirm our services.
Electronic signatures and confirmations are a fast and efficient legal alternative to written signatures. In accordance with the 1999 EU Electronic Signatures Directive and the UK Electronic Communication Act 2000, they are every bit as secure and binding as a handwritten signature, but save the time, cost and effort of faxing, mailing and printing. You should only sign and complete your agreement if you agree to be bound by it.
Each individual executing this agreement on behalf of a customer should represent and warrant that he/she has been fully empowered to do so and that all necessary action to authorise his/her execution of this agreement has been taken. Each individual further accepts that if this authority has not been granted, he/she will be fully liable for all claims that may consequently be made by the company as if he/she had personally been a party to this agreement.
Each individual executing this agreement agrees that he/she is entering this agreement on the basis of the clauses in the agreement and is not reliant upon any other representations.
3) AUTHORISING THE RECORDING OF TELEPHONE CALLS
You understand and agree that we may record and monitor calls between Tunnelbuilder and you/your company, and you authorise us to save these recordings on our call recording system. We may need to refer to them in future to resolve any matters that may arise from time to time.
If we need to refer to any of these recordings to resolve any matters that may arise from time to time, you authorise us to provide them to any companies associated with Tunnelbuilder or to other unspecified third parties for the purposes of better managing your relationship with us or for dispute resolution.
4) RESPONSIBILITY FOR COPY & ADVERTISING CONTENT
If Tunnelbuilder is asked to produce an advertising feature as part of your order, you are bound to respond with reasonable comments, amendments or approval within 48 hours of receipt of the artwork. If you fail to respond within this time, we reserve the right to submit the advertising feature in line with our agreement without further notice to you. You are entitled to one round of reasonable amends with your order.
Any additional amends will be charged at £195 per amend. No amends will be made after the deadline for copy has passed.
We will take every care to avoid mistakes. However, our design department cannot accept liability for any errors introduced by third parties, subcontractors or as a result of inaccurate copy instructions.
Artwork designed by Tunnelbuilder is owned by us. You may choose to purchase artwork upon request.
We will not accept any liability for any advertising content, including illustrations, supplied by you. Therefore, you agree to indemnify Tunnelbuilder against all actions, claims, costs and demands arising from any advertising content, regarding any infringement of copyright, defamation or otherwise. Full responsibility for the contents of the advertising rests with you. However, Tunnelbuilder reserves the right to edit or amend any proposed advertising feature that it considers to be unreasonable or offensive or that conflicts with the site owner’s core business or corporate brand.
5) ENDING YOUR AGREEMENT
You may end your agreement with Tunnelbuilder at any time and request us to cancel the product or service we are providing for you. However, you agree that’s the following schedule will apply on cancellation and you acknowledge that these charges represent genuine Tunnelbuilder losses:
a) notice of cancellation received 30 days or less after advertisement go live date, 50% refund of total fee paid
b) notice of cancellation received 31-60 days after advertisement go live date, 40% refund of total fee paid
c) notice of cancellation received 61-90 days after advertisement go live date, 30% refund of total fee paid
d) notice of cancellation received 91-120 days after advertisement go live date, 20% refund of total fee paid
d) notice of cancellation received 121-150 days after advertisement go live date, 10% refund of total fee paid
e) notice of cancellation received 151 days or more after advertisement go live date, no refund due.
The end of this agreement, for whatever reason, should not affect either your or our rights or liabilities.
We may end our agreement with you at any time and, in that eventuality, undertake to provide you with 30 days’ notice of our intention to do this. However, we may end our agreement with you immediately and without giving prior notice if (a) you do not pay any outstanding balance, or (b) you break any important terms of your agreement.
If we choose to end our agreement with you for any reason, we will be entitled to remove your listing / banner / advertisement / campaign, and immediately disconnect any other products and services that you have ordered from us without giving you the right to claim any refund, and without any further liability to you or your business or businesses.
6) USE OF PERSONAL INFORMATION
Tunnelbuilder and any other companies associated with us will use your details and any information you provide us with primarily for the purposes of managing your relationship with us. You agree, however, that we may share this information with third parties for the purpose of debt recovery and other activities. You further agree that we may communicate with you via email or other electronic means.
You agree that any information that we hold about you and your business may be passed on to any third party entitled to act for its own benefit or that of the company.
You have the right to request access to any personal information that we hold about you by writing to us and enclosing a cheque for £10, made payable to Tunnelbuilder Limited. If you have any other questions or concerns regarding the way we handle or process data that may include you or your business, please email our customer services team on firstname.lastname@example.org
7) THE SERVICES WE PROVIDE
When we provide you with any product or service, we undertake to employ the reasonable skill and care of a competent service provider. This means that we will not be responsible for any delay or failure to provide services to you or your business that is caused by reasons beyond our control or due to any technical problems or fault. As a result, you agree that no specific level of business can be assured under the terms of this agreement.
You further agree that, as some of the products and services we provide to you are managed and operated by third parties, we cannot be held responsible for any issues that arise which are beyond our control or for any delays that these third parties may cause or create.
While we promote our services using natural listings, we do not recommend that you place any reliance on such placements or rankings, as they are subject to changes that are outside our direct control. Search engines regularly change the way in which they return their results to end users, and we cannot be held responsible if placements improve or deteriorate as a result of such changes.
In line with our product and service development policy, you agree that we may need to make changes to the product or service that you purchased and ordered under the terms of this agreement. You agree that we may make any such changes as we feel appropriate, without giving prior notice. Nothing in this agreement shall constitute a partnership between you and Tunnelbuilder.
8) USE OF OUR PRODUCTS AND SERVICES
Any products and services that we provide to you must be used in accordance with your agreement with us and you must adhere to any other reasonable instructions or requests that we may issue to you from time to time.
You may not use our company name or logo without prior written consent, and you undertake not to do anything that may harm or damage our reputation.
You may not use any artwork that we create for your business until you have paid the full fee for it. If you do use any artwork for which you have not paid in full, or you cancel our agreement and continue to use the artwork elsewhere, you agree that we may raise an invoice to you for £500 + VAT, and that you agree to pay this invoice without delay. If you have settled payment of the previous order or invoice, you authorise any such invoice for this artwork charge to be charged to you as a business.
9) UNDERSTANDING OUR CHARGES AND FEES
You agree to pay the fees agreed between us promptly and in accordance with the following terms, and any additional specific terms that we may issue with your sales order. We will raise your invoice and/or sales order following the confirmation telephone call that we will make to you following your agreement to order or to be supplied with our products and services. You agree that we may send your invoice to you either by post or by email.
Fees will become due for payment 30 days from the date of invoice. The fee quoted in your agreement will be exclusive of VAT. In the case of any change in VAT rate, the rate chargeable on this agreement is the rate in effect at the date of invoice unless otherwise specified in the legislation changing the VAT rate.
If you do not settle payment by the due date, we will exercise our right under the Late Payment Legislation to claim interest and compensation for any debt recovery costs that we may incur as a result of you not paying your invoice within the agreed terms.
Should we need to do this, we will instruct our solicitors to make a demand for payment for any overdue amount owed to us. If any such demand is not met, we reserve our right to issue a claim against you or your business through the County Court process. You will be liable to pay any fees that the Courts may decide you owe to us. You authorise us to issue the Courts with copies of emails, letters, agreements or recorded telephone confirmation calls between you/your company and Tunnelbuilder in relation to your unpaid debt or your obligations to us.
If we agree that the cost of your order should be spread across a number for months or fulfilled through a number of recurring payments, it is important to ensure that you have funds available to meet each of the required payments as it is requested. If any payment is declined or is not honoured by your bank, we may cancel your right to pay by instalment and demand the full outstanding balance to be paid to us immediately. This will include, where applicable, late payment charges, late payment interest and any debt recovery costs that we may ask to be passed onto you.
If you have more than one order with us, we will invoice separately for each product or service that we are providing to you.
If we pass your debt to a debt collection agency to recover, a surcharge of 10% plus vat will automatically be added to your debt to cover this additional cost.
10) RIGHT OF ASSIGNMENT
Your invoice(s) may be assigned by us to third parties, but may not be assigned by you without our prior written consent. If your agreement includes multiple products and/or services and includes directory listings as part of the overall order, you agree that the directory listings have been included free of charge and that the fees demanded on your invoice are in respect of other products or services detailed on it.
11) OUR RESPONSIBILITY TO YOU
We do not exclude or restrict our liability for any death or personal injury caused by a) our negligence, b) fraud or c) any other liabilities that cannot by law be restricted. The maximum liability in respect of this agreement from us to you is the net invoice value in all cases.
12) HANDLING COMPLAINTS
We treat any customer complaint very seriously. If you are unhappy about any aspect of the service we provide to you, please call us on +44 (0) 7729 604866 or email email@example.com
13) GENERAL PROVISIONS OF THIS AGREEMENT
If, at any time, we do not require you to comply with any part of your agreement with us, this does not prevent us from asking you to do so at a later time. Furthermore, if any part of your agreement is found to be invalid by a court of law or other competent body, the invalidity of that part shall not affect the rest of your agreement with us.
If you need to send any notices or communications to us regarding our agreement, you should obtain signed proof of delivery. Any such communication should be sent to Tunnelbuilder’s head office address.
If you need to call us regarding the agreement billing or the order you have placed with us, please note that we can only discuss elements of our agreement with the person named on that agreement.
Any person who is not party to this agreement has no right under the Agreement Act 1999 to enforce any part of the agreement.
English law applies to your agreement with us. Any disputes about this agreement will therefore be decided exclusively by the English courts.