Together with our FAQ page, the information detailed below tells you about us and the legal terms and conditions which apply to any contract between us for the sale of products to you. Please read these terms carefully and make sure that you understand them before ordering any products from our site. Please note that before placing an order you will be asked to agree to these terms. If you refuse to accept these terms you will not be able to order any products from our site.
From time to time we amend these terms so we advise that every time you wish to order products you view these terms to ensure you understand those which will apply at that time. You should print a copy of these terms or save them to your computer for future reference.
These terms, and any contract between us, are only avilable in the English language.
We are Frequency 3G Telecom Ltd, a company registered in England and Wales under company number 4252441 and with our registered office at Unit 44, Barwell Business Park, Leatherhead Road, Chessington, Surrey, KT9 2NY. Our main trading address is Unit 44, Barwell Business Park, Leatherhead Road, Chessington, Surrey, KT9 2NY. Our VAT number is GB783533802. We operate the website www.eigerprotection.com.
FREQUENCY TERMS AND CONDITIONS FOR THE SUPPLY OF GOODS AND SERVICES
The following definitions and rules of interpretation apply in these Conditions.
a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
these terms and conditions as amended from time to time in accordance with clause 15.8.
the contract between the Supplier and the Customer forthesupplyofGoodsand/orServicesinaccordance with theseConditions.
the person or firm who purchases the Goods and/or Services from the Supplier.
has the meaning given in clause 3.2.
Force Majeure Event
has the meaning given to it in clause 14.
the goods (or any part of them) as described on the Website and set out in the Order.
either the Supplier or a third party nominated by the Supplier and advised to the Customer to install the Goods.
the address specified in the Order.
the order placed by the Customer specifying the Goods ordered, any Services to be provided and the Delivery Location.
1.2.1 Apersonincludesanaturalperson,corporateorunincorporatedbody(whetheror not having separate legalpersonality).
1.2.2 A reference to a party includes its successors and permittedassigns.
1.2.3 A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutoryprovision.
1.2.4 Any words following the terms including, include, in particular, for example or anysimilarexpressionshallbeconstruedasillustrativeandshallnotlimitthesense of the words, description, definition, phrase or term preceding thoseterms.
1.2.5 A reference to writing or written includesemail.
2. Basis ofcontract
2.1 The Order constitutes an offer by the Customer to purchase Goods and/or Services in accordance with theseConditions.
2.2 The Order shall be deemed to be accepted on the earlierof:-
2.2.1 the Supplier issuing written acceptance of the Order;or
2.2.2 any act by the Supplier consistent with fulfilling theOrder,
at which point and on which date the Contract shall come into existence.
2.3 Any samples, drawings, descriptive matter or advertising issued by the Supplier and any illustrations or descriptions of the Services contained on the Website are issued or published for the sole purpose of giving an approximate idea of the Services and/orGoods described in them. They shall not form part of the Contract or have any contractualforce.
2.4 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course ofdealing.
2.5 AnyquotationgivenbytheSuppliershallnotconstituteanoffer,andisonlyvalidforaperiod of 20 Business Days from its date of issue.
2.6 All of these Conditions shall apply to the supply of both Goods and Services except where application to one or the other isspecified.
3. Delivery ofGoods
3.1 The Supplier shall ensurethat:
3.1.1 each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, and the type and quantity of the Goods being delivered;and
3.1.2 itstatesclearlyonthedeliverynoteanyrequirementfortheCustomertoreturnany packagingmaterialtotheSupplier.TheCustomershallmakeanysuchpackaging materials available for collection at such times as the Supplier shall reasonably request. Returns of packaging materials shall be at the Supplier’sexpense.
3.2 The Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (“Delivery Location”) at any time after the Supplier notifies the Customer that the Goods areready.
3.3 Unless specified by the Supplier in writing to the Customer, delivery of the Goods shall be completed on the completion of unloading the Goods at the DeliveryLocation.
3.4 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery isnotoftheessence.TheSuppliershallnotbeliableforanydelayindeliveryoftheGoods that is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of theGoods.
3.5 IftheSupplierfailstodelivertheGoods,itsliabilityshallbelimitedtothecostsandexpenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods.
3.6 IftheCustomerfailstoacceptdeliveryoftheGoodswithin3BusinessDaysoftheSupplier notifying the Customer that the Goods are ready, then except where such failure or delay iscausedbyaForceMajeureEventorbytheSupplier’sfailuretocomplywithitsobligations under the Contract in respect of theGoods:
3.6.1 delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day following the day on which the Supplier notified the Customer that the Goods were ready; and
3.6.2 the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (includinginsurance).
3.7 If 10 Business Days after the day on which the Supplier notified the Customer that the GoodswerereadyfordeliverytheCustomerhasnotaccepteddeliveryofthem,theSupplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of theGoods.
3.8 The Supplier may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any otherinstalment.
4.1 Subject to the next sentence, the Supplier may also deliver the Goods to countries outside the United Kingdom. However, there are restrictions on some of the Goods for certain destinations where the Supplier has limited rights details of which are available on the Website which the Customer must review before placing an Order for theGoods.
4.2 If the Customer orders Goods for delivery to a destination outside the United Kingdom, the Ordermaybesubjecttoimportdutiesandtaxeswhichareappliedwhenthedeliveryofthe Goods reaches its destination. It is the responsibility of the Customer to be responsiblefor
those charges and the Customer acknowledges the Supplier has no control over these charges and cannot predict their amount.
4.3 TheCustomermustcomplywithallapplicablelawsandregulationsofthecountryforwhich theGoodsaredestinedandobtainanynecessarylicencesrequiredinorderfortheSupplier to be able to deliver the Goods to the relevant country. The Supplier will not be liable or responsibleiftheCustomerisinbreachofanysuchlaworiftheGoodscannotbedelivered.
5.1 Some of the Goods supplied by the Supplier come with a manufacturer’s guarantee. The terms and conditions of any manufacturer’s guarantee provided will be included with the Goods and should be reviewed by the Customer ondelivery.
5.2.1 conform in all material respects with theirdescription;
5.2.2 be free from material defects in design, material and workmanship;and
5.2.3 be of satisfactory quality (within the meaning of the Sale of Goods Act1979).
5.3 Subjecttoclause5.4,theSuppliershall,atitsoption,repairorreplacethedefectiveGoods, or refund the price of the defective Goods in fullif:
5.3.2 the Supplier is given a reasonable opportunity of examining such Goods;and
5.3.3 the Customer (if asked to do so by the Supplier) returns such Goods to the Supplier’s place of business at the Customer’scost.
5.4.1 the Customer makes any further use of such Goods after giving a notice in accordance with clause5.3;
5.4.2 thedefectarisesbecausetheCustomerfailedtofollowtheSupplier’soralorwritten instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good tradepractice;
5.4.3 thedefectarisesasaresultoftheSupplierfollowinganydrawing,designorGoods Specification supplied by theCustomer;
5.4.4 the Customer alters or repairs such Goods without the written consent of the Supplier;
5.4.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; or
5.4.6 theGoodsdifferfromtheirdescriptionasaresultofchangesmadetoensurethey comply with applicable statutory or regulatorystandards.
5.6 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by theSupplier.
6. Title andrisk
6.1 The risk in the Goods shall pass to the Customer on completion ofdelivery.
6.2 Title to the Goods shall not pass to the Customer until the earlierof:
6.2.1 the Supplier receives payment in full (in cash or cleared funds) for the Goods and anyothergoodsthattheSupplierhassuppliedtotheCustomer,inwhichcasetitle to the Goods shall pass at the time of payment;and
6.2.2 the Customer resells the Goods, in which case title to the Goods shall pass to the Customer at the time specified in clause6.4.
6.3 Until title to the Goods has passed to the Customer, the Customershall:
6.3.1 storetheGoodsseparatelyfromallothergoodsheldbytheCustomersothatthey remain readily identifiable as the Supplier’sproperty;
6.3.2 not remove, deface or obscure any identifying mark or packaging on or relating to theGoods;
6.3.3 maintain the Goods in satisfactory condition and keep them insured against all risks for their full price on the Supplier’s behalf from the date ofdelivery;
6.3.5 give the Supplier such information relating to the Goods as the Supplier may require from time totime.
6.4 Subject to clause 6.5, the Customer may resell or use the Goods in the ordinary course of its business (but not otherwise) before the Supplier receives payment for the Goods. However, if the Customer resells the Goods before thattime:
6.4.1 it does so as principal and not as the Supplier’s agent;and
6.4.2 titletotheGoodsshallpassfromtheSuppliertotheCustomerimmediatelybefore the time at which resale by the Customeroccurs.
6.5 If before title to the Goods passes to the Customer the Customer becomes subject to any of the events listed in clause 12.1.2 to clause 12.1.4, then, without limiting any other right or remedy the Supplier mayhave:
6.5.1 the Customer’s right to resell Goods or use them in the ordinary course of its business ceases immediately; and
6.5.2 the Supplier may at anytime:
188.8.131.52 require the Customer to deliver up all Goods in its possession which have not been resold;and
184.108.40.206 if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Goods are stored in order to recover them.
6.6 NotwithstandingtheSupplier’sretentionoftitle,andwithoutprejudicetotheSuppliersother rights set out in these Conditions, the Supplier has the right to take legal action against the CustomerinordertorecoverthepriceoftheGoodsandanyassociatedcostsandexpenses should the Customer fail to pay the Supplier by the date the payments aredue.
7.1 The Supplier shall provide, or shall procure the provision of, the Services to the Customer in accordance with the Service Specification in all materialrespects.
7.2 The Supplier shall use all reasonable endeavours to meet or to procure the meeting of any performance dates for the Services specified in Service Specification, but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services.
7.3 The Supplier reserves the right to amend the Service Specification if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affectthenatureorqualityoftheServices,andtheSuppliershallnotifytheCustomerinany such event.
7.4 The Supplier warrants to the Customer that the Services will be provided usingreasonable care andskill.
7.5 The Customer acknowledges the Supplier may instruct a third party to be the Installer to supply the Services on its behalf. If so, the Customer further acknowledges the Supplier willprovideinformationtotheInstallerregardingtheCustomerandtheServicesinorderfor the Installer to carry out the Services and confirms that the Supplier is permitted to provide such information in order to enable the Installer to provide theServices.
8.1.1 ensure that the terms of the Order and any information it provides in the Service Specification are complete andaccurate;
8.1.3 provide the Supplier and the Installer with access to the Installation Address and other facilities as reasonably required by the Supplier to provide theServices;
8.1.4 provide the Supplier and the Installer with such information and materials as the Supplier and the Installer may reasonably require in order to supply the Services, andensurethatsuchinformationiscompleteandaccurateinallmaterialrespects;
8.1.5 prepare the Installation Address for the supply of theServices;
8.1.6 obtain and maintain all necessary licences, permissions and consents which may be required for the Services (including any necessary planning consents required from third parties) before the date on which the Services are tostart;
8.1.7 comply with all applicable laws, including health and safetylaws;
8.1.8 comply with any additional obligations as set out in the Service Specification;and
8.1.9 notclaimtohaveacquiredanyright,titleorinterestinortoanyintellectualproperty rights that vest in any of the Goods or Services which such rights are deemed to remain vested with the original owners of such intellectualrights.
8.2 If the Installer’s performance of any of the obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (“CustomerDefault”):
8.2.1 without limiting or affecting any other right or remedy available to it, the Installer shall have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays the Installer’s performance of any of its obligations;
8.2.2 theSuppliershallnotbeliableforanycostsorlossessustainedorincurredbythe CustomerarisingdirectlyorindirectlyfromtheInstaller’sfailureordelaytoperform any of its obligations as set out in this clause 8.2;and
8.2.3 the Customer shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Installer arising directly or indirectly from the Customer Default.
9. Charges andpayment
9.1 The price forGoods:
9.1.1 shall be the price set out in the Order or, if no price is quoted, the price set out in the Supplier’s published price list as at the date of delivery;and
9.1.2 shall be exclusive of all costs and charges of packaging, insurance, transport of the Goods, which shall be invoiced to theCustomer.
9.2 The charges for Services shall be calculated as set out in theOrder.
9.3 The Supplier reserves the right to increase the price of the Goods, by giving notice to the Customer at any time up to 5 Business Days before delivery, to reflect any increase in the cost of the Goods to the Supplier that is dueto:
220.127.116.11 anyfactorbeyondthecontroloftheSupplier(includingforeignexchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturingcosts);
18.104.22.168 any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the Goods Specification;or
22.214.171.124 any delay caused by any instructions of the Customer in respect of the Goods or failure of the Customer to give the Supplier adequate or accurate information or instructions in respect of theGoods.
9.4 In respect of Goods, the Supplier shall invoice the Customer upon shipment of the goods or at any time after. In respect of Services, the Supplier shall invoice the Customer on completion of theServices.
9.5 The Customer shall pay each invoice submitted by the Supplier in full and in cleared funds on the relevant credit terms or credit facility agreed with the Customer prior to the Goods being despatched. Payment should be made to the bank account nominated in writing by the Supplier. Time for payment shall be of the essence of theContract.
9.6 All amounts payable by the Customer under the Contract are exclusive of amounts in respectofvalueaddedtaxchargeablefromtimetotime(“VAT”).Whereanytaxablesupply for VAT purposes is made under the Contract by the Supplier to the Customer, the Customershall,onreceiptofavalidVATinvoicefromtheSupplier,paytotheSuppliersuch additional amounts in respect of VAT as are chargeable on the supply of the Services or Goods at the same time as payment is due for the supply of the Services orGoods.
9.7 If the Customer fails to make a payment due to the Supplier under the Contract by the due date, then, without limiting the Supplier’s remedies under clause 12 (“Termination”), the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 9.7 will accrue each day at 5% a year above the Barclays Bank PLC’s base rate from time to time, but at 5% a year for any period when that base rate is below 0%. The Customer shall pay any interest due together with the overdueamount.
9.8 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deductionorwithholding(otherthananydeductionorwithholdingoftaxasrequiredbylaw).
10.1 EachpartyundertakesthatitshallnotatanytimeduringtheContract,andforaperiodof5 years after termination of the Contract, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause10.2.
10.2.1 toitsemployees,officers,representatives,subcontractorsoradviserswhoneedto knowsuchinformationforthepurposesofcarryingouttheparty’sobligationsunder theContract.Eachpartyshallensurethatitsemployees,officers,representatives, subcontractors or advisers (including the Installer as appropriate) to whom it disclosestheotherparty’sconfidentialinformationcomplywiththisclause10;and
10.2.2 as may be required by law, a court of competent jurisdiction or any governmental or regulatoryauthority.
10.3 Neitherpartyshallusetheotherparty’sconfidentialinformationforanypurposeotherthan to perform its obligations under theContract.
11.1 The Supplier has obtained insurance cover in respect of its own legal liability for individual claims not exceeding £1 million per claim. The limits and exclusions in this clause reflect theinsurancecovertheSupplierhasbeenabletoarrangeandtheCustomerisresponsible for making its own arrangements for the insurance of any excessloss.
11.2 The restrictions on liability in this clause 11 apply to every liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution orotherwise.
11.3.1 death or personal injury caused bynegligence;
11.3.2 fraud or fraudulent misrepresentation;and
11.3.3 breachofthetermsimpliedbysection12oftheSaleofGoodsAct1979orsection 2 of the Supply of Goods and Services Act 1982 (title and quietpossession).
11.4 Subjecttoclause11.3,theSupplier’stotalliabilitytotheCustomershallnotexceedthetotal cost of the Goods and any Services specified in theOrder.
11.5 This clause 11.5 sets out specific heads of excludedloss:
126.96.36.199 loss ofprofits;
188.8.131.52 loss of sales orbusiness;
184.108.40.206 loss of agreements orcontracts;
220.127.116.11 loss of anticipatedsavings;
18.104.22.168 loss of use or corruption of software, data orinformation;
22.214.171.124 loss of or damage to goodwill;and
126.96.36.199 indirect or consequentialloss.
11.6 The Supplier has given commitments as to compliance of the Goods and Services with relevant specifications in clause 5 and clause 7. In view of these commitments, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the SupplyofGoodsandServicesAct1982are,tothefullestextentpermittedbylaw,excluded from theContract.
11.7 Unless the Customer notifies the Supplier that it intends to make a claim in respect of an event within the notice period, the Supplier shall have no liability for that event. The notice period for an event shall start on the day on which the Customer became, or ought reasonablytohavebecome,awareoftheeventhavingoccurredandshallexpire 6months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonabledetail.
11.8 This clause 11 shall survive termination of theContract.
12.1 Without affecting any other right or remedy available to it, either party may terminate the Contract with immediate effect by giving written notice to the other partyif:
12.1.1 theotherpartycommitsamaterialbreachofitsobligationsundertheContractand (if such breach is remediable) fails to remedy that breach within 30 days after receipt of notice in writing to doso;
12.1.2 the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors(otherthaninrelationtoasolventrestructuring),beingwoundup(whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;
12.1.3 theotherpartysuspends,orthreatenstosuspend,orceasesorthreatenstocease to carry on all or a substantial part of its business;or
12.1.4 the other party’s financial position deteriorates to such an extent that in the terminating party’s opinion the other party’s capability to adequately fulfil its obligations under the Contract has been placed injeopardy.
12.2 Without affecting any other right or remedy available to it, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customerif:
12.2.1 the Customer fails to pay any amount due under the Contract on the due date for payment;or
12.2.2 the Customer is in breach of its obligations specified in clause8.1.
12.3 Without affecting any other right or remedy available to it, the Supplier may suspend the supplyofServicesorallfurtherdeliveriesofGoodsundertheContractoranyothercontract between the Customer and the Supplier if the Customer fails to payany amount due under the Contract on the due date for payment, the Customer becomes subject to any of the events listed in clause 12.1.2 to clause 12.1.4, or the Supplier reasonably believes thatthe Customer is about to become subject to any ofthem.
13. Consequences oftermination
13.1 On termination of theContract:
13.1.1 theCustomershallimmediatelypaytotheSupplieralloftheSupplier’soutstanding unpaidinvoicesandinterestand,inrespectofServicesandGoodssuppliedbut
for which no invoice has been submitted, the Supplier shall submit an invoice, which shall be payable by the Customer immediately on receipt;
13.1.2 theCustomershallreturnalloftheGoodswhichhavenotbeenfullypaidfor.Ifthe Customerfailstodoso,thentheSuppliermayentertheCustomer’spremisesand take possession of them. Until they have been returned, the Customer shall be solely responsible for their safe keeping and will not use them for any purposenot connected with thisContract.
13.2 Termination of the Contract shall not affect any rights, remedies, obligations and liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
13.3 AnyprovisionoftheContractthatexpresslyorbyimplicationisintendedtohaveeffectafter termination shall continue in full force andeffect.
NeitherpartyshallbeinbreachoftheContractnorliablefordelayinperformingorfailuretoperform, anyofitsobligationsundertheContractifsuchdelayorfailureresultfromevents,circumstancesor causes beyond its reasonable control (a “Force MajeureEvent”).
15.1 Assignment and otherdealings
15.1.1 In addition to the Supplier’s right to appoint the Installer, the Supplier may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal inanyothermannerwithanyorallofitsrightsandobligationsundertheContract.
15.1.2 TheCustomershallnotassign,transfer,mortgage,charge,subcontract,delegate, declareatrustoverordealinanyothermannerwithanyofitsrightsandobligations under the Contract without the prior written consent of theSupplier.
15.2.1 Anynoticeorothercommunicationgiventoapartyunderorinconnectionwiththe Contract shall be in writing and shallbe:
188.8.131.52 delivered by hand or by pre-paid first-class post or other next working daydeliveryserviceatitsregisteredoffice(ifacompany)oritsprincipal place of business (in any other case);or
184.108.40.206 or sent by email to the address specified by each party to theother.
15.2.2 Any notice or communication shall be deemed to have beenreceived:
220.127.116.11 if delivered by hand, on signature of a delivery receipt or at the timethe notice is left at the proper address;and
18.104.22.168 if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service;and
22.214.171.124 if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 126.96.36.199, business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place ofreceipt.
15.2.3 This clause 15.2 does not apply to the service of any proceedings or other documentsinanylegalactionor,whereapplicable,anyarbitrationorothermethod of disputeresolution.
15.3 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 15.3 shall not affect the validity and enforceability of the rest of theContract.
15.4 Waiver. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right orremedy.
15.5 No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establishanypartnershiporjointventurebetweentheparties,constituteeitherpartythe
agent of the other, or authorise either party to make or enter into any commitments for or on behalf of the other party.
15.6.1 TheContractconstitutestheentireagreementbetweenthepartiesandsupersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subjectmatter.
15.6.2 EachpartyacknowledgesthatinenteringintotheContractitdoesnotrelyon,and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in theContract.
15.6.3 Nothing in this clause shall limit or exclude any liability forfraud.
15.7 Third partyrights.
15.7.1 Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
15.7.2 The rights of the parties to rescind or vary the Contract are not subject to the consent of any otherperson.
15.9 Governinglaw.TheContractandanydisputeorclaim(includingnon-contractualdisputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England andWales.
15.10 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall haveexclusivejurisdictiontosettleanydisputeorclaim(includingnon-contractualdisputes orclaims)arisingoutoforinconnectionwiththeContractoritssubjectmatterorformation.If you wish to opt out of the marketing we send you, please contact: firstname.lastname@example.org
If you wish for further information, or wish to exercise any other right, please contact: email@example.com
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www.eigerprotection.com is operated by Frequency 3G Telecom Ltd. We are registered in England and Wales under company number 8683310 and we have our registered office at Unit 44, Barwell Business Park, Leatherhead Road, Chessington, Surrey, KT9 2NY. Our main trading address is Unit 44, Barwell Business Park, Leatherhead Road, Chessington, Surrey, KT9 2NY. Our VAT number is GB783533802.
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• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms of website use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
• Immediate, temporary or permanent withdrawal of your right to use our site.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
We use the following cookies:
· Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
· Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
· Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
· Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
Eiger (Frequency 3G Telecom Ltd. trading as Eiger) ("We") are committed to protecting and respecting your privacy.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is Frequency 3G Telecom Ltd of Unit 44, Barwell Business Park, Leatherhead Road, Chessington, Surrey, KT9 2NY.
INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
• Information you give us. You may give us information about you by filling in forms on our site www.eigerprotection.com (our site) or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, subscribe to our service, search for a product, place an order on our site, enter a competition, promotion or survey and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information.
• Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information:
o technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
o information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
• Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or the other services we provide. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on this site. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
Uses made of the information
We use information held about you in the following ways:
• Information you give to us. We will use this information:
o to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
o to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
o to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data;
o to notify you about changes to our service;
o to ensure that content from our site is presented in the most effective manner for you and for your computer.
• Information we collect about you. We will use this information:
o to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
o to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
o to allow you to participate in interactive features of our service, when you choose to do so;
o as part of our efforts to keep our site safe and secure;
o to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
o to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
• Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may us this information and the combined information for the purposes set out above (depending on the types of information we receive).
DISCLOSURE OF YOUR INFORMATION
We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may share your information with selected third parties including:
• Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.
• Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
• Analytics and search engine providers that assist us in the improvement and optimisation of our site.
We may disclose your personal information to third parties:
• In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
• If Eiger (Frequency 3G Telecom Ltd. trading as Eiger) or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
WHERE WE STORE YOUR PERSONAL DATA
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at Eiger, Unit 44, Barwell Business Park, Leatherhead Road, Chessington, Surrey, KT9 2NY OR firstname.lastname@example.org.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
We’re fully committed to General Data Protection Regulation (GDPR) and will always use your data in a responsible way and only for the purposes set out in our privacy notice
We retain the information we collect for as long as necessary to provide the Online Services and any other products and services you have requested, or for other essential purposes such as complying with legal obligations, resolving disputes, and enforcing our agreements.
When you use our Online Services and provide us with your personal data you are agreeing that we may use your personal data for the purposes set out in this Privacy Notice.
You have the right to opt out of receiving any marketing information which we send you
If our processing of personal data is based on your consent, you have the right to withdraw consent for future processing at any time by contacting us. Please note, however, that we may still be entitled to process your Personal Data if we have another legitimate reason (other than consent) for doing so;
You have the right to obtain information regarding the processing of your Personal Data and access to the Personal Data which we hold about you;
As of May 25, 2018, in some circumstances, the right to receive some Personal Data in a structured, commonly used and machine-readable format and/or request that we transmit those data to a third party where this is technically feasible. Please note that this right only applies to Personal Data which you have provided to us;
You have the right to request that we correct your Personal Data if it is inaccurate or incomplete;
You have the right to request that we erase your Personal Data in certain circumstances. Please note that there may be circumstances where you ask us to erase your Personal Data but we are legally entitled to retain it;
As of May 25, 2018, you have the right to request that we restrict our processing of your Personal Data in certain circumstances. Again, there may be circumstances where you ask us to restrict our processing of your Personal Data but we are legally entitled to refuse that request;
You have the right to lodge a complaint with your Data Protection Authority. In the U.K, this is the Information Commissioner’s Office.
If you wish to opt out of the marketing we send you, please contact: email@example.com
If you wish for further information, or wish to exercise any other right, please contact: firstname.lastname@example.org