Terms and Conditions
on our website www.optimalpbs.co.uk to you (“Services”).
This page tells you the Terms and Conditions on which we supply our services described on our website www.optimalpbs.co.uk to you (“Services”). Our primary services are Human Resources Outsourcing & Recruitment Services
Please read these terms and conditions carefully before ordering any Services from our website. By ordering any of our Services, you will be bound by these terms and conditions. Refusal to accept these Terms and Conditions will result in no Services from our website being able to be ordered. We would recommend you read through the terms carefully, printing a copy of your records if required.
If you contact us by letter or email, records of the correspondence may be kept
Telephone conversation may be recorded for training purposes.
We may ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
Details of transactions you carry out through our site and of the fulfilment and administration of your orders.
Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access and use.
1) INFORMATION ABOUT US
1.1. www.optimalpbs.co.uk is a site operated by Optimal People & Business Services Ltd. We are registered in England and Wales under company number 10606757 and have our registered office at The Piece Mill, Horton Street, Halifax, HX1 1QE
Please note that by placing an order for the Services, you consent to us sending to you our regular newsletter by email. This forms our primary method of communicating with you and will inform you of any changes to our services, billing, planned maintenance and account access information.
1.2. Contracts for the purchase of Services through our site will be governed by English law. Any dispute arising from, or related to, such the Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales. English is the language offered for the conclusion of the contract between us both.
2) YOUR STATUS
2.1. By placing an order through our website, you warrant that:
2.1.1. you are legally capable of entering into binding contracts
2.1.2. you are at least 18 years old.
2.2. If you are acting on behalf of a company or other business, you further warrant that you personally have the authority to bind that company or business on whose behalf you are placing an order.
3) THE ORDER PROCESS
3.1. You can only place an order with us for Services once you have successfully registered an account with us. Information that you provide while registering an account with us must be complete and accurate. By creating an account, you agree that we may block access to the account and the Services we supply if we reasonably believe that the information you have supplied is inaccurate. You must keep your user name and password private at all times and not allow anyone else to use it. You must contact us should you believe that your username or password has become known to someone else.
3.2. Before you submit an order, you will be shown a summary on screen including details of the Services you have wish to order and the price, in GBP, that is payable. There will be an option to amend/correct and errors before proceeding to completion of the order.
3.3. Before being able to submit an order, you will be required to register a credit or debit card. We also accept paperless direct debit, however you may need to use a credit or debit card on your first order.
3.4. Once an order has been placed, we will provide you with confirmation of the Services you have ordered. This confirmation will be sent to the email address registered to your account. Copies of previous invoices will be stored on your account.
4) HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1. After placing an order, you will receive an e-mail from us accepting your order. Your order constitutes an offer to us to buy our Services and all orders are subject to our acceptance.
4.2. The contract between us (“Contract”) will only be formed when we send you the Acceptance Confirmation. We may also decline your order for the Services for any reason, in which case we will tell you so.
4.3. The Contract will relate only to those Services we have confirmed in the Acceptance Confirmation. We will not be obliged to supply any other Services which may have been part of your order until such Services have been confirmed.
5) OUR STATUS
5.1. We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from companies to whose website we have provided a link on our website will be of satisfactory quality, and any such warranties are disclaimed by us absolutely.
5.2. Any disclaimer does not affect your statutory rights against the third party seller.
6) CONSUMER RIGHTS
6.1. If you are buying as a consumer (i.e., not within the course of your business), ordinarily, the Consumer Contract Regulations 2013 allow you to cancel the Contract at any time within 14 working days, beginning on the day after you received the Acceptance Confirmation.
6.2. However, by placing your order for the Services, you agree to us starting supply of those Services before the end of the seven working day cancellation period referred to here. As such, you will not have the right to cancel the Contract under the Consumer Contract Regulations 2013
6.3. This provision does not otherwise affect your statutory rights.
7) OUR LIMITED MONEY BACK GUARANTEE
7.1. Once the Contact has been formed you may cancel the Contract in relation to the Service you have purchased.
7.2. In such cases, you may cancel at any time within 14 days, beginning on the day after you received the Acceptance Confirmation. If you do so, you will receive a full refund of the price paid for the Service you have cancelled. We will refund the price you have paid to the credit card, debit card or other account you used to make that payment. No other refund will be made. Limited to one per customer.
7.3. To cancel the Contract you must inform by raising a support ticket before the end of the 14 day period mentioned in clause G(b) above. As part of our cancellation process, we will respond to you to confirm your cancellation request. You must re-confirm your cancellation request by replying to this confirmation or we will continue to supply the Service and your cancellation will be ineffective. This is to ensure that we do not delete any data you need to retain.
7.4. In summary, the Services which may not be cancelled under the limited money back guarantee include (but are not limited to):
7.4.1. Online Content Libraries
7.4.2 Workshops which have been attended during the 14 day money back period
7.4.3 Services which have been fully delivered during the 14 day money back period.
8) PRICE AND PAYMENT
8.1. The price of any Services will be as quoted on our website (exclusive of VAT).
8.2. The total cost of your order of the Services will be set out clearly before you submit your order for the Services.
8.3. Prices are liable to change at any time. We will notify you of a change in our prices at least 14 days before the price increase comes into force. If you do not cancel you will be deemed to have accepted the new prices, and they will be charged to your account.
8.4. Due to the number of Services offered for sale, it is possible that despite our efforts some Services may be incorrectly priced. We deal with these situations accordingly:
8.4.1 Where a Service’s correct price is less than our stated price, we will charge the lower amount when accepting your order;
8.4.2 If a Service’s correct price is higher than the price stated on our website, we will normally, contact you for instructions before accepting your order; and
8.4.3 We are under no obligation to provide the Services to you at the incorrect (lower) price, even after we have sent you an Acceptance Confirmation
8.5. We reserve the right to seek to recover any outstanding amounts due by you by other means, including referring the debt to an external debt recovery agent if necessary. If this method is sought, you may become liable for additional fees and charges and you agree to pay such charges in addition to the outstanding amount owed to us.
8.6. Time for payment shall be of the essence. No payment shall be deemed to have been received until we have received cleared funds. If your chosen method of payment is not authorised by your credit card provider or bank, you hereby authorise us to seek payment from any other credit card, debit card or direct debit registered against your account.
8.7. If we fail to authorise payment your account may be suspended.
9.1. We warrant that (subject to the other provisions of these terms and conditions) any Services purchased from us through our website will be provided with reasonable care and skill.
9.2. We will not be liable for a breach of the warranty provided above unless:
9.2.1. you give written notice of the breach to us
9.2.2. we are given a reasonable opportunity after receiving the notice of examining our provision of the Services to you
9.2.3. the problem arises because you failed to follow our oral or written instructions as to the use of the Services (if there are any)
9.2.4. you alter the Services without our written consent
9.2.5. the problem arises because of misuse
9.3. If we are in breach of the warranty in accordance with the clause above we will, use all reasonable commercial efforts to remedy the breach promptly or refund the price of the Services at the pro rata Contract price.
9.4. By accepting these terms, you acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf which is not set out on our website or otherwise confirmed in writing by us. Nothing in this clause will exclude or limit our liability to you for fraudulent misrepresentation.
10) ACCESS TO THE SERVICE
10.1. It is your responsibility to ensure that necessary arrangements for access to our Services are in place.
10.2. You are also responsible for ensuring that all persons who access our Services through your Internet connection are aware of these terms and conditions (and in particular our acceptable use policy).
11) SERVICE LEVELS
We do not warrant access to our servers will be uninterrupted or error free but we shall use reasonable endeavours to keep downtime to a minimum.
Our support team will help resolve any problems you have with the Services you are receiving.
13) ADDITIONAL TERMS
Additional terms and conditions may apply for our offers. If so, you will be advised of them at the relevant point.
14) WRITTEN COMMUNICATIONS
14.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic.
14.2. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, 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.
15.1. All notices given by you to us must be given though our online system.
15.2. We may give notice to you at either the then current e-mail or postal address registered against your account with us.
16) THIRD PARTY RIGHTS AND TRANSFER OF RIGHTS AND OBLIGATIONS
16.1. Neither you nor we intend that any term of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
16.2. The Contract is binding on you and us and on our respective successors and assigns.
16.3. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
16.4. We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17) EVENTS OUTSIDE OUR CONTROL
17.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
17.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
17.2.1. misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks);
17.2.2. strikes, lock-outs or other industrial action;
17.2.3. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
17.2.4. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
17.2.5. impossibility of the use of public or private telecommunications networks; and
17.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
17.3. Our performance under the Contract will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18.1. If we fail, at any time during the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, 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.
18.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these terms and conditions or any provisions of the Contract 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.
20) ENTIRE AGREEMENT
20.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us both in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
20.2. We each acknowledge that, in entering into the Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
20.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
21) CHANGES TO OUR TERMS AND CONDITIONS
21.1. We have the right to revise and amend these terms and conditions from time to time.
21.2. You will be subject to the policies and terms and conditions in force at the time that you order services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
21.3. No variation of these terms and conditions shall be valid unless it is in writing and signed on our behalf.