TERMS OF SERVICE
Where to find information about us and our products
You can find everything you need to know about us, Dorota Dyk a trading name of SmallBizSites, Unit 85987, PO Box 6945, London, W1A 6US, on our website, www.smallbizsites.co.uk, before you order. We also confirm the key information to you in writing after you order, either by email or in your online account.
We don’t give business customers all the same rights as consumers
For example, business customers can’t cancel their orders, they have different rights. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.
- When you buy from us you are agreeing that:
- We only accept orders when we’ve checked them.
- Sometimes we reject orders.
- We charge you when you order.
- We charge interest on late payments.
- We pass on increases in VAT
- We’re not responsible for delays outside our control.
- We charge you if you don’t give us information we need or do preparatory work as agreed with us.
- If you are a consumer and you bought online or over the telephone or over the email, you have a legal right to change your mind and however you bought you have rights under our guarantee.
- You can end an ongoing contract (find out how).
- We can suspend supply (and you have rights if we do).
- We can end our contract with you.
- We use your personal data as set out in our Privacy Notice.
- You have several options for resolving disputes with us.
- Other important terms apply to our contract.
If you are a business customer this is our entire agreement with you
If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
We only accept orders when we’ve checked them
We contact you to confirm we’ve received your order.
Sometimes we reject orders
Sometimes we reject orders, for example, because the service was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
We charge you when you order
However, for some services we take payment at regular intervals, as explained to you during the order process.
If you are a business customer you have no set-off rights
If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law)
We charge interest on late payments
If we’re unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 5% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
We pass on increases in VAT
If the rate of VAT changes between your order date and the date we supply, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
We’re not responsible for delays outside our control
If our supply is delayed by an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact us to end the contract and receive a refund, less reasonable costs we have already incurred.
We charge you if you don’t give us information we need or do preparatory work as agreed with us
We charge you additional sums if you don’t give us information we’ve asked for about how we can access you to provide services or if you don’t do preparatory work for as agreed with us.
If you are a consumer and you bought online or over the telephone or the email, you have a legal right to change your mind and however you bought you have rights under our guarantee
Your legal right to change your mind. For most of our services bought online, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it. This is subject to some conditions, as set out below.
When you can’t change your mind.
You can’t change your mind about an order for:
- digital products, after you have started to download or stream these;
- services, once these have been completed;
- sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them;
The deadline for changing your mind. If you change your mind you must let us know no later than 14 days after:
- the day we confirm we have accepted your order.
- the day we confirm we have accepted your order, if it is for digital content for download or streaming for example, an online course, although you can’t change your mind about digital content once we have started providing it.
How to let us know. To let us know you want to change your mind, contact our Customer Service Team by email: firstname.lastname@example.org
When and how we refund you. We refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. We refund you by the method you used for payment. We don’t charge a fee for the refund.
We tell you when and how you can end an on-going contract with us (for example, for regular services or a subscription to digital content or goods) during the order process and we confirm this information to you in writing after we’ve accepted your order. If you have any questions, please contact our Customer Service Team by email on email@example.com .
Changes we can only make if we give you notice and an option to terminate.
We can suspend supply (and you have rights if we do)
We can suspend the supply of a product. We do this to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements; or
- make changes to the product (see We can change products and these terms
We let you know, may adjust the price and may allow you to terminate.
We contact you in advance to tell you we’re suspending supply, unless the problem is urgent or an emergency. If we suspend the product for longer than 30 days in any year, we adjust the price so you don’t pay for it while its suspended. If we suspend supply, or tell you we’re going to suspend supply, for more than 30 days you can contact our Customer Service Team by email on firstname.lastname@example.org to end the contract and we’ll refund any sums you’ve paid in advance for products you won’t receive.
We can withdraw products
We can stop providing a product, such as an ongoing service or a subscription for digital content or goods. We let you know at least 30 days in advance and we refund any sums you’ve paid in advance for products which won’t be provided.
If we grant you “life time access” to the digital product, you must download the content of the online product to your own device to keep lifetime access as you will not have life time access to the platform that the course is hosted on. The access to the platform that the course is hosted on is limited to the duration of the course.
We can end our contract with you
We can end our contract with you for a product and claim any compensation due to us if:
- you don’t make any payment to us when it’s due and you still don’t make payment within 14 days of our reminding you that payment is due;
- you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product, for example, domain and hosting access information.
We don’t compensate you for all losses caused by us or our products
Our liability to consumers. We’re responsible for losses you suffer caused by us breaking this contract unless the loss is:
- It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
- Caused by a delaying event outside our control. As long as we have taken the steps set out in the section. We’re not responsible for delays outside out control.
- Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
- A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in Our liability to businesses.
Our liability to businesses. If you’re a business, then, except in respect of the losses described in Losses we never limit or exclude:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982;
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
We use your personal data as set out in our Privacy Notice
How we use any personal data you give us is set out in our Privacy Notice: https://smallbizsites.co.uk/privacy-policy/
You have several options for resolving disputes with us
Contact our Customer Service Team by email on email@example.com will do their best to resolve any problems you have with us or our products.
Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you’re not satisfied with the outcome you can still go to court.
You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.
Other important terms apply to our contract
We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We’ll contact you to let you know if we plan to do this. If you’re unhappy with the transfer you can contact our Customer Service Team by email on firstname.lastname@example.org to end the contract within 14 days of us telling you about it and we will refund you any payments you’ve made in advance for products not provided.
You can only transfer your contract with us to someone else if we agree to this. If you’re a business you need our agreement to transfer your contract with us and it’s entirely up to us whether we give it.
Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.
Intellectual Property Rights
All Supplier Materials are the exclusive property of SMALLBIZSITES.