These Terms of Service (the “Terms”) constitute a legal agreement between you and All Typed Up, Victoria Siddoway (Sole Trader) of 84 Oakwell Court, Hamsterley Colliery, Newcastle upon Tyne (hereinafter “All Typed Up”, “we”, “us” or “our”) governing the use of our website and our Services.
1. Terms of use
1.1. The provisions set out in these Terms govern your access to and your use of our website and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our website.
1.2. Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable licence to use our website on these Terms.
1.3. By registering for an Account, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our website, you agree and acknowledge that:
1.3.1. you have read the terms set out in these Terms and agree to be bound by and comply with them; and
1.3.2. you shall ensure that all Users of your Account abide by these Terms.
1.4. You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorised to do so. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.
1.5. We reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to our website or your Account at any time, or remove or edit content (including content submitted by you) on our website or on any of our affiliated websites (including social media pages).
1.6. We reserve the right to change, modify, suspend or discontinue any portion of the Services, our website or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
1.7. Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our website or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.
2. Providing the Services
2.1. We will begin providing the Services on the date set out in the accepted quotation.
2.2. Quotes are valid until 5pm on the date of issue, unless specified differently on a quotation supplied, except at the discretion of All Typed Up.
2.3. We will make every reasonable effort to complete the Services on time and in accordance with your specific instructions. We cannot, however, be held responsible for any delays if an event outside of our control occurs.
2.4. If we require any information from you in order to provide the Services, we will inform you of this as soon as is reasonably possible.
2.5. If the information you provide is delayed, incomplete or otherwise incorrect, we will not be responsible for any delay caused as a result. If additional work is required from us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information that you have provided, we may charge you a reasonable additional sum for that work.
2.6. In certain circumstances, for example where there is a delay in you sending us information required, we may suspend the Services and will inform you of that suspension in writing.
2.7. In certain circumstances, for example where we encounter a technical problem, we may need to suspend the Services in order to resolve the issue. Unless the issue is an emergency and requires immediate attention, we will inform you in advance in writing before suspending the Services.
2.8. If you do not pay us for the Services as required, we may suspend the Services until you have paid all outstanding sums due. If this happens, we will inform you in writing. This does not affect our right to charge you interest.
3. Payments
3.1. All Typed Up shall issue an invoice on completion of each assignment unless other arrangements with the customer are made in writing.
3.2. Payments are due within 7 days of the date of invoice and if your invoice is not paid we will have the right forfeit any submission deadline you have booked in and you can assume such a forfeit has been made. VAT is applicable at the standard rate at the date of the invoice.
3.3. Overdue accounts will attract interest at 8% above Bank of England base rate, and charge £5.00 for each reminder that is sent after the due date. In the event of any cheque from the customer being refused by the bank, the customer will be responsible for all bank charges resulting from the returned cheque. Payments made via PayPal from foreign clients will be charged an additional 3.5% and credit / debit card payments will also incur an additional 3.5% charge.
3.4. Please note that our formatting service is based upon working towards one single submission deadline. If you need your document formatted in order for your supervisor to review the document, this will classed as one deadline and any subsequent changes as suggested by your supervisor would form part of a secondary job costed at our hourly rate of £17 per hour.
3.5. Our Fees may be amended from time to time at our discretion. We will provide you reasonably advanced written notice of any amendment of Fees.
3.6. All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third party payment methods. We shall not be liable for any failure, disruption or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
4. Problems with the Services
4.1. We always use reasonable efforts to ensure that our provision of the Services is trouble-free. If, however, there is a problem with the Services we request that you inform us as soon as is reasonably possible.
4.2. We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical.
4.3. We will not charge you for remedying problems where the problems have been caused by us, any of our agents or employees or sub-contractors. If we determine that a problem has been caused by incorrect or incomplete information provided by you, we may charge you for remedial work.
5. Events Outside of our Control (Force Majeure)
We will not be liable for any failure or delay in performing our obligations under this Agreement where that failure or delay results from any cause that is beyond our reasonable control
6. Cancellation
6.1. We may at any time terminate the Agreement if
6.1.1. you have breached any provision of these Terms (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with these Terms);
6.1.2. we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful);
6.1.3. the provision of the Services to you by us is, in our opinion, no longer commercially viable; or
6.1.4. we have elected to discontinue the Services (or any part thereof).
6.2. Once terminated, we may permanently delete your account and all the data associated with it.
6.3. If All Typed Up terminates this Agreement because you breached this Agreement or any applicable laws, no refund will be issued.
6.4. Once we have begun providing the Services, we may cancel the Services at any time by giving you written notice. If you have made any payment to us for any Services we have not yet provided, these sums will be refunded to you. If we have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, we will invoice you for those sums and you will be required to make payment.
6.5. You are free to cancel the Services without notice at any time before we begin providing them. Once we have begun providing the Services, you are free to cancel the Services at any time by giving us written notice. If you have made any payment to us for any Services we have not yet provided, these sums will be refunded to you. If we have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, we will invoice you for those sums and you will be required to make payment.
7. Term and termination
7.1. These Terms shall remain in full force and effect while you use the website and Services. Without limiting any other provision of these Terms of Services, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the website and Services (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Services or of any applicable law or regulation.
7.2. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
7.3. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
8. Personal Information (Data Protection)
All personal information that we may collect will be collected, used and held in accordance with the provisions of applicable Data Protection law.
9. Uploading Content
9.1. You irrevocably and unconditionally represent and warrant that any of your content uploaded to our website complies with our Privacy Policy, the DPA and GDPR and any other applicable laws.
9.2. You are fully responsible for your content uploaded to our website. We will not be responsible, or liable to any third party, for:
9.2.1. the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our website; or
9.2.2. the loss of any content or data provided to us by you. You should keep a record of all such content and data.
9.3. We will only use the content uploaded by you for the purposes of carrying out the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
9.4. We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our website constitutes a violation of their rights under applicable law.
10. Prohibited Uses
10.1. You may use our website only for lawful purposes. You may not use our website:
10.1.1. in any way that breaches any applicable local or international laws or regulations;
10.1.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
10.1.3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our prevailing terms and conditions as amended from time to time; and
10.1.4. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
10.2. You also agree:
10.2.1. not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of our Terms; and
10.2.2. not to access without authority, interfere with, damage or disrupt:
10.2.2.1. any part of our website;
10.2.2.2. any equipment or network on which our website is stored;
10.2.2.3. any software used in the provision of our website; or
10.2.2.4. any equipment or network or software owned or used by any third party.
11. Restrictions
11.1. Except as expressly set out in this Agreement or as permitted by any applicable law, you undertake:
11.1.1. not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Service, our website or any of the contents therein for any commercial or other purposes;
11.1.2. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of our website nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, our website or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
11.1.3. not to provide or otherwise make available our website in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;
11.1.4. to include our copyright notice on all entire and partial copies you make of our website on any medium;
11.1.5. to comply with all applicable technology control or export laws and regulations; and
11.1.6. not to disrupt, disable, or otherwise impair the proper working of the Services, our website or our servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming.
12. Intellectual Property Rights
12.1. You acknowledge that all intellectual property rights in our website anywhere in the world belong to us, that rights in our website are licensed (not sold) to you, and that you have no rights in, or to, our website other than the right to use them in accordance with these Terms.
12.2. Any intellectual property rights in content uploaded by you to our website shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive licence to use, reproduce, publish and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of the website.
12.3. You acknowledge that you have no right to have access to our website in source code form.
12.4. You must not use any part of the content on our website for commercial purposes not specified on our website without obtaining a licence to do so from us or our licensors.
12.5. If you print off, copy or download any content on our website in breach of this Agreement, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
13. Confidentiality
13.1. All Typed Up understands to keep customers’ confidential information strictly confidential and not use, reproduce or record in any medium or form any of the customer’s confidential information except to the extent that it is strictly necessary for the proper purposes of this Agreement. All Typed Up will not disclose the customer’s confidential information to any Third Party.
13.2. All customer files and transcriptions are permanently destroyed after 45 days of completion unless by prior notification of the customer.
13.3. If required, a Confidentiality Agreement will be formed, as supplied by the Customer and signed by All Typed Up.
14. Warranties
14.1. While we make all efforts to maintain the accuracy of the information on our website, we provide the Services, website and all Related Content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
14.2. We work with you to ensure you are completely happy and this is our commitment to you. If you are not satisfied with the final draft of a document once submitted, All Typed Up will make all reasonable effort to revise the document at no extra charge, however, any changes need to be brought to the attention of All Typed Up within 7 days of completion. To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our website or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our website, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.
15. Limitation of liability
15.1. We are not liable for the completeness, accuracy or correctness of any information uploaded on our website and any Related Content. You expressly agree that your use of the Services and our website, is at your sole risk.
15.2. You agree not to use the Services, our website and the Related Content for any re-sale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our website or any other website or software) for:
15.2.1. loss of profits, sales, business, or revenue;
15.2.2. business interruption;
15.2.3. loss of anticipated savings;
15.2.4. loss or corruption of data or information;
15.2.5. loss of business opportunity, goodwill or reputation; or
15.2.6. any other indirect or consequential loss or damage.
15.2.7. Nothing in these Terms shall limit or exclude our liability for:
15.2.8. death or personal injury resulting from our negligence;
15.2.9. fraud; and/or
15.2.10. any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
15.3. Our website is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.
15.4. These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our website. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our website which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
16. Technical requirements and responsibility
16.1. Users are responsible for ensuring that the technical requirements for access to and use of the respective services are met.
16.2. This applies in particular to the hardware and operating system software used, the connection to the Internet, the firewall settings (if any) and the current browser software. The user shall carry out necessary and reasonable adjustment measures himself/herself and shall bear the costs for the Internet connection in order to be able to access the online course.
16.3. All Typed Up does not guarantee that the services offered can actually be used with the user's computer.
17. Indemnity
You agree to indemnify and hold us, our related corporations, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our website, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.
18. Other important terms
18.1. We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms.
18.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
18.3. No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
18.4. These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
18.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.6. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
18.7. These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by England and Wales law. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
