Terms & Conditions
Terms and Conditions
In this agreement:
means as defined in accordance with clause 11(A).
means your order and our written acceptance of it in accordance with clause 2(C).
means the terms and conditions set out herein.
means you our customer, who purchases the Works from us.
means the entire computing hardware and software installation that is, or supports, our website.
means the documents, services and/or products which have been provided by us to you under the Contract in accordance with the Terms.
means the individual who is engaged to complete the Works.
2 Our contract with you
- These terms and conditions apply:
- So far as the context allows: to you as a visitor to our website; and
- In any event: to you as a buyer or prospective buyer of the Works.
- Works advertised on the Website or ordered by you are subject to a consultant agreeing to provide the Works to the standard you have requested and within the deadline we have agreed.
- Your order or your acceptance of a quotation for Works by us, constitutes an offer by you to purchase the Works in accordance with these Terms. No offer placed by you shall be accepted by us other than:
- email confirmation from us;
- (if earlier) by us providing the Works,
when a contract for the supply and purchase of the Works on these Terms will be established.
- Quotations are given by us on the basis that no contract shall come into existence except in accordance with clause C above. The price quoted on the online price calculator on our Website may differ from the actual price payable. The actual price to be paid will be set out in our email quote (inclusive of VAT) which will be sent in response to your initial request form. Any quotation made in our email quotation is valid for a period of 12 hours or such other period as we may specify, provided that we have not previously withdrawn it.
- When we accept your order by email confirmation, our e-mail will also reiterate details of your purchase, the price to be paid including any banking charges, and the agreed deadline for delivery of the Works.
- We may change these Terms from time to time. The Terms that apply to you are those posted here on our Website, on the day you order the Works. We do not file copies of the Terms applicable to your purchase.
- The statements contained in our Works are the opinions of the Consultant only and not the statements of Firstmark Essays , its officers, employees or agents. To the fullest extent permissible by law, Firstmark Essays hereby excludes liability for the truth or accuracy of any information provided on our Website or in the Works, your statutory rights as a customer are not affected.
- The Works we provide are commissioned at your request and to your specific requirements. All delivery times are estimates only, although we will use our reasonable endeavours to adhere to the date estimated by us for delivery of the Works.
- Works are at your risk from the moment they are requested by you.
4 Price and Payment
- The cardholder must retain a copy of transaction records and Merchant policies and rules.
- We accept payments online using Visa and MasterCard credit/debit card in GBP, USD, AUD or Euro (or any other currency agreed).
- The Works will not be started nor will any part of the order be sent to you until we have received payment in full or such other amount that has been agreed between us in writing.
- All banking charges by the receiving bank on payments received by us, and all other charges relating to payment in a currency other than pounds sterling, will be borne by you.
- Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
- You will pay all sums due to us under these terms by the means specified, without any set-off, deduction or counterclaim.
- If we owe you money, we will reimburse you as soon as is reasonably practicable, but in any event, no later than 30 days from the date on which we have agreed to reimburse you.
- Our work is non-refundable, however, we fail to deliver the product on time, we would refund via mutual consent and it shall be done only through online portal.
- The refund shall be processed within 5-7 busienss days on return of the work provided.
- The work cannot be cancelled once an order is placed with us.
- You will receive the payment confirmation via email along with the order number within 6 hours of making the payment.
- Firstmark Essays will NOT deal or provide any services or products to any of OFAC sanctions countries in accordance with the law of United Kingdom
- If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
- The cardholder must retain a copy of transaction records and Merchant policies and rules.
- Multiple delivery may result in multiple postings to the cardholder’s monthly statement.
5 Information you give us
- You agree that you have provided, and will continue to provide accurate, up to date, and complete information in a timely manner as we may require about yourself and the Works. We need this information to provide you with the Works.
- It is your responsibility to supply us with all relevant requirements relating to your order when you place your order with us. Based on the requirements submitted through our email, we will provide you with a quote. Should you supply further requirements, later on, these will not be taken into account when completing your order. Completion of additional requirements is subject to availability and may incur a further charge.
- You agree to send all relevant assignment criteria and learning outcomes in accordance with the timescales specified in our email accepting your order.
- In the event that you have any supporting reference material, information or additional instructions for the Consultant, this must be sent to us by email as soon as possible.
- You agree to cooperate with the Consultant throughout the project in the event that the consultant requires any further information or guidance on the Works.
- If the performance of our obligations under this Contract is prevented or delayed by any delay or omission on your part, we shall not be liable for any costs, charges or losses sustained or incurred by you arising directly or indirectly from such prevention or delay.
- You acknowledge the internet is an open medium and where you specify delivery by email or by downloading from our Website, you accept the risk of delivery. Where you specify another method of delivery and which we agree in our email accepting your order (including but not limited to post or fax), you accept the risk of delivery.
- We shall take all reasonable steps to ensure that all works are provided on or before dates previously agreed. If we are unable to do so you will be notified by email to arrange a modified delivery date or you will be compensated based on a percentage of the amount paid.
- We may deliver the Works in instalments if the complete Works are not available for delivery.
- If the performance of our obligations under this Contract is prevented or delayed by any act or omission by you, we shall not be liable for any costs, charges or losses sustained or incurred by you arising directly or indirectly from such prevention or delay.
7 Taxes, duties and import restrictions
- We have no knowledge of, and no responsibility for, the laws in your country of residence.
- You are responsible for purchasing Works that you are lawfully able to import, and for the payment of import duties and taxes of any kind levied in your country of residence.
8 Works returned
- Although you are buying the Works remotely, you do not have a right of cancellation as the Works we provide to you are prepared to your personal specification and are personalised for you. Accordingly, you may not cancel your order for Works once we have sent you an email accepting your order.
- All Works are non-refundable as the Works we provide to you are prepared to your personal specification and are personalised for you.
- Please refer any point of dissatisfaction to our complaints department by email us at [email protected] We will use all reasonable endeavours to respond to any point of dissatisfaction by you within 28 working days of you having contacted us, provided you contact us within the timescales detailed in clause D.
- In the event that your original requirements have not been met, we will use our reasonable endeavours to arrange for the consultant engaged to complete your assignment to amend the Works providing you have notified us within 7 days after delivery of the order (or within 7 days of receipt of the first half, and 14 days of the full receipt of our service in the case of a orders having an order value above £1500). If you do not contact us within this time, you will be deemed to have accepted that the Works meet your requirements.
- When notifying us that your original requirements have not been met, you must clearly set out in writing what the consultant has missed and forwarded your original email containing your initial request to us. You must ensure that you have read the whole of the Works and covered every point before sending an amendment request as amendments will only be made once.
- If you submit an amendment request after the period referred to in clause D or the amendment request is not in line with your original order requirements, we may provide you with a quote for these additional amendments. Any such amendments are subject to the consultant being available to make the amendments within the timescale agreed and will only be made once payment has been received in full.
- We, or our Content suppliers, may make improvements or changes to our Website, the Content, or to any of the Works, at any time and without advance notice.
- You are advised that the Content and Works may include technical inaccuracies or typographical errors. Commentary, information and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. We, therefore, disclaim all liability and responsibility arising from any reliance placed on such commentary, information or materials by you, any visitor to our Website or anyone who may be informed of its content.
- To the fullest extent permissible by law, we give no warranty and make no representation, express or implied, as to:
- The adequacy or appropriateness of the Works for your purpose.
- The truth or accuracy of any information given on our Website or in the Works.
- Any implied warranty or condition as to merchantability or fitness of the Works for a particular purpose.
- Compatibility of our Website or Works with your equipment software or telecommunications connection.
- Compliance with any law.
- Non-infringement of any right.
- Our Website may contain links to other internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
- Whilst we will make a reasonable effort to ensure that the Works meet a stipulated standard, we do not guarantee your mark and will not be held liable in any way for a failure to meet the required mark.
- Whilst we make every reasonable endeavour to ensure client confidentiality we cannot take responsibility for the content of any attachments you send to us and any personal details that they may contain. It is your responsibility to remove any personal details that may be contained within attachments as these may be forwarded to your consultants without the details being removed.
10 Permitted use of Works
- You agree that the copyright of any Work produced by us or our Consultants belongs to us. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content of the Works or our Website, in whole or in part, save as hereinafter provided. You may download or copy one copy of the Works you have purchased only for your own personal use for academic study purposes only provided that you maintain all copyright and other notices contained in such Works. However, you may not submit this document under your own name for academic assessment. This also applies to any sections we add to the work that you have completed, however; it does not apply to sections completed solely by you.
- It is solely your responsibility to ensure that the Works meet your order requirements including any stipulated standards.
- You agree that any views expressed in the Works are opinions only and have been provided merely as academic support and do not constitute professional advice in any way.
- You further agree that the Works should be used solely for research or reference purposes.
- You acknowledge that any decision to use our services or the Works is made on your own initiative and you agree that neither we nor our Consultants are in any way liable for any decision made by you to use our services or Works which may breach your institution’s rules, regulations or guidelines.
- You are not permitted to submit the Works as your own, either in whole or in part and in doing so, would constitute a breach of our copyright in such Works. In doing so, you automatically forfeit your rights to use the Work in accordance with these Terms.
- You agree not to resell, distribute or post to any website any Works provided hereunder.
11 Content and Intellectual Property Rights
- Firstmark Consulting is the owner or licensee of all intellectual property rights in its Website content including all the software text, software design, text contained within and alongside the graphics or pictures, information contained within any software or the Website itself including designs, text, graphics, pictures, information, applications, software, and other files, and their selection and arrangement (the “Content”). This includes the content utilised for the advertisement of any new promotional scheme or of any SWOT analysis generator or similar application owned by us.
- As (a) a customer and (b) as a visitor to our Website, you are not allowed to modify, copy, distribute, frame, reproduce, publish, display or post any Content of the Website or any software made available through the Website without our prior permission. This includes any commercial use whatsoever in whole or in part of our Website or any software available on it.
- Pertaining to the SWOT software application in particular, due to the purely academic nature of this application, you are granted a limited licence to access and use this application or to download or to download and print a copy of any portion of the SWOT application or any other site Content to which you have gained access solely for your personal, non-commercial, academic use, provided that you identify our status and that of any identified contractors and keep all our copyright or other proprietary notices intact within your referencing.
- You may not upload or republish Content on any internet, intranet or extranet site or incorporate the information from our Website or generated through the SWOT software in any other database or compilation, and any other use of the Website Content or the design or content of the SWOT software.
- Any attempts at harming the Website or sabotaging our software through malafide practices of data mining, robots, scraping or similar data gathering or extraction methods will not be tolerated and for these purposes, we strictly monitor the IP addresses accessing our Website on a daily basis.
- Any use of the software or our Content and /or application data other than as specifically authorised herein, without our prior written permission is strictly prohibited and will subject the infringer to legal action. Such misuse, unauthorised use and abuse of the software may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes.
- All company graphics, logos, designs, page headers, button icons, scripts and service names located on the Website are the intellectual property rights of Firstmark Consulting and may not be used, either as trademarks or domain names for any other similar product or service. This includes “dilution”, “cyber-squatting”, copying and imitation for commercial purposes and any such action will be duly contested through the appropriate European Union and DMCA legislation.
- The SWOT analysis application is available for your personal, non-commercial use only. You may not use this application in any unlawful manner or in any other manner that could damage, disable, overburden or impair the SWOT application. This agreement also prohibits you from using any kind of automated scripts to collect information from the Website or the SWOT application.
- All intellectual property rights in the Works shall be owned by us. Subject to your compliance with these Terms, we licence all such rights to you and on a non-exclusive, worldwide basis to such extent as is necessary to enable you to make reasonable use of the Works for the purposes specified. In the event that it materialises that payment for the Works has been made fraudulently, this licence shall automatically terminate.
- You acknowledge that where you have provided us with input material to help with the completion of the Works, that you have the appropriate consent, permission, authority or licence to use such material for the purposes envisaged in accordance with the Contract.
12 System Security
- You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of our website.
- You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of our website, or any software used on our website and that you will not permit any other person to do so.
- You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
- Examples of violations are:
- Accessing data unlawfully or without consent;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
- Attempting to interfere with service to any user, host or network, including without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”;
- Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
- Taking any action in order to obtain goods to which you are not entitled (including but not limited to “cardholder not present” fraud).
- You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to, or arising out of:
- Any violation of system security as set out above;
- Your use of Our Web Site;
- Any other breach or violation of this agreement by you;
- The infringement by you, or by any other user of your computer, of any intellectual property or another right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.
- Access to our Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on our Website without notice. We will not be liable if for any reason our Website in unavailable at any time or for any period.
You agree to indemnify us against any claim or demand, reasonable costs, charges or losses sustained or incurred by us including reasonable lawyers’ fees, arising in any way either directly or indirectly out of, your use of our Website and/or the Works, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
14 Contractual Limitation
- Where we provide Works without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual or other obligation upon us in respect of any such Works.
- This clause 14 sets out our entire financial liability (including any liability for the acts or omissions of our employees or Consultants) to you in respect of:
- any breach of contract;
- any use made by you of our Works or any part of them; and
- any representation, statement or tortuous act or omission (including negligence) arising under or in connection with the Contract.
- All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
- Nothing in these Terms limits or excludes our liability:
- for death or personal injury resulting from negligence; or
- for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.
- Subject to clause 14(B) and 14(C), we shall not be liable for:
- loss of profits;
- loss of business;
- loss of opportunity;
- depletion of goodwill and/or similar losses;
- loss of Works;
- loss of contract;
- loss of use;
- loss of corruption of data or information; or
- any special indirect, consequential or pure economic loss, costs damages charges or expenses.
- Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall be limited to the price paid or payable for the Works.
15 Rights of third parties
Nothing in this agreement or on our website shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
If any of these Terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void, and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these Terms.
17 No Waiver
No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
18 Dispute Resolution
In the event of a dispute arising out of, or in connection with, these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
19 Force majeure
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control, including strikes of our own employees, system down – time or third party email misdirection.
20 Governing Law
The Contract and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the laws of United Kingdom. The parties irrevocably agree that the courts of United Kingdom shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with the Contract or its subject matter.
- Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of United Kingdom.
- United Kingdom is our country of domicile.