Terms and conditions
Please read these Terms and Conditions carefully. All contracts that MDM Consulting Solutions Ltd (‘we’, ‘us’) may enter into from time to time for the provision of services shall be governed by these Terms and Conditions.
1.1 A contract under these Terms and Conditions shall come into force upon the Effective Date.
1.2 A contract under these Terms and Conditions shall continue in force until:
(a) all the Services have been completed;
(b) all the Charges have been paid in cleared funds,
upon which it will terminate automatically, subject to termination in accordance with Clause 10.
2.1 MDM Consulting Solutions Ltd shall provide the Services to the Client in accordance with these Terms and Conditions.
2.2 MDM Consulting Solutions Ltd shall provide the Services with reasonable skill and care based on the information, which is publicly accessable and based on additional information, which is sent by the Client to MDM Consulting Solutions Ltd voluntarily or on request to support this goal.
3. EU VAT regulations
3.1 The place of VAT taxation is determined by where the services are supplied.
3.2 All services offered on the website are consultancy services based on the current EU regulations.
3.3 For B2C customers the place of supply and taxation of services is England according to current European law. Until the current VAT threshold for United Kingdom (GBP 82,000 in 2015) hasn’t been reached, MDM Consulting Solutions Ltd doesn’t need to charge VAT from its B2C clients.
3.4 For B2B customers the place of supply of services is the place where the business receiving the services is established according to current European law. 3.5 B2B customers from EU countries will need to provide their VAT number or another proof of their business. The VAT of the country of the Client’s business will be added to the total payable costs and later send to the tax office of the country in which the business has its fiscal residence.
4.1 MDM Consulting Solutions Ltd shall deliver the Deliverables to the Client.
4.2 The Client must promptly, following receipt of a written request from MDM Consulting Solutions Ltd to do so, provide written feedback to them concerning MDM Consulting Solutions Ltd’s proposals, plans, designs and/or preparatory materials relating to the Deliverables and made available to the Client with that written request.
5.1 MDM Consulting Solutions Ltd hereby grants to the Client licence to use the Deliverables for the following purposes: Website content, search engine optimization (seo) of web content, business ideas and concepts in general, advice and service for events and travels, any other services related to consulting and advice with regard to the Client’s business or personal demands.
6.1 The Client shall pay the Charges to MDM Consulting Solutions Ltd in accordance with these Terms and Conditions.
7.1 MDM Consulting Solutions shall issue invoices for the Charges to the Client in advance of the delivery of the relevant Services to the Client.
7.2 The Client must pay the Charges to MDM Consulting Solutions Ltd within the period of 30 days following the receipt of an invoice issued in accordance with this Clause 6.
7.3 The Client must pay the Charges by debit card, credit card, Sofort banking, E SEPA, bank transfer or cheque. The Client may use the payment gateway (http://consulting-solutions.eu/payment-gateway/). MDM Consulting Solutions Ltd will cover all additional costs for transactions made through this gateway.
8.1 MDM Consulting Solutions Ltd warrants to the Client that:
(a) MDM Consulting Solutions Ltd has the legal right and authority to enter into a contract under these Terms and Conditions and to perform its obligations under these Terms and Conditions;
(b) MDM Consulting Solutions Ltd will comply with all applicable legal and regulatory requirements applying to the fulfilment of the company’s obligations under these Terms and Conditions;
(c) MDM Consulting Solutions Ltd has or has access to all necessary know-how, expertise and experience to perform its obligations under these Terms and Conditions.
8.2 The Client warrants to MDM Consulting Solutions Ltd that he has the legal right and authority to enter into a contract under these Terms and Conditions and to perform its obligations under that contract.
8.3 All of the parties’ warranties and representations in respect of the subject matter of a contract under these Terms and Conditions are expressly set out in these Terms and Conditions and the applicable Statement of Work. Subject to Clause 10.1, no other warranties or representations will be implied into that contract and no other warranties or representations relating to the subject matter of that contract will be implied into any other contract.
9. Limitations and exclusions of liability
9.1 Nothing in a contract under these Terms and Conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
9.2 The limitations and exclusions of liability set out in this Clause 8 and elsewhere in a contract under these Terms and Conditions:
(a) are subject to Clause 8.1; and
(b) govern all liabilities arising under that contract or relating to the subject matter of that contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in that contract.
9.3 MDM Consulting Solutions Ltd shall not be liable to the Client in respect of any loss of profits or anticipated savings.
9.4 MDM Consulting Solutions Ltd shall not be liable to the Client in respect of any loss of revenue or income.
9.5 MDM Consulting Solutions Ltd shall not be liable to the Client in respect of any loss of use or production.
9.6 MDM Consulting Solutions shall not be liable to the Client in respect of any loss of business, contracts or opportunities.
9.7 Neither party shall be liable to the other party in respect of any loss or corruption of any data, database or software.
9.8 MDM Consulting Solutions Ltd shall not be liable to the Client in respect of any special, indirect or consequential loss or damage.
10. Revocation instructions
10. 1 You have the right to cancel a contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the conclusion of the contract.
10.2 To exercise the right to cancel, you must inform us of your decision to cancel the contract by a clear statement. Cancellations may be send by email to firstname.lastname@example.org or by letter to MDM Consulting Solutions Ltd, 20-22 Wenlock Road, N1 7GU London, United Kingdom. You can find a model contract here: Model Form Revocation.
10.3 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.
10.4 If you cancel the contract, we will reimburse to you all payments received from you, including the costs of delivery. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel the contract.
10.5 If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from the service contract, in comparison with the full coverage of the contract.
11. Effects of termination
11.1 Upon the termination of a contract under these Terms and Conditions with the exception of 9, all of the provisions of these Terms and Conditions shall cease to have effect, save that the following provisions of these Terms and Conditions shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): 1, 4, 5, 7, 8.
11.2 The termination of a contract under these Terms and Conditions shall not affect the accrued rights of either party.
12.1 No breach of any provision of a contract under these Terms and Conditions shall be waived except with the express written consent of the party not in breach.
12.2 If any provision of a contract under these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of that contract will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
12.3 A contract under these Terms and Conditions may not be varied except by a written document signed by or on behalf of each of the parties.
12.4 Neither party may without the prior written consent of the other party assign, transfer, charge, license or otherwise deal in or dispose of any contractual rights or obligations under these Terms and Conditions.
12.5 A contract under these Terms and Conditions is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to a contract under these Terms and Conditions are not subject to the consent of any third party.
12.6 Contracts under these Terms and Conditions shall be governed by and construed in accordance with English law.
12.7 The courts of England shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with a contract under these Terms and Conditions.