The policy sets out the different areas where user privacy is concerned and outlines the obligations & requirements of the users, the website and website owners. Furthermore the way this website processes, stores and protects user data and information will also be detailed within this policy.
This website and its owners take a proactive approach to user privacy and ensure the necessary steps are taken to protect the privacy of its users throughout their visiting experience. This website complies to UK national laws and requirements for user privacy.
By accessing the site, you accept that all advice and guidance is provided with the best of intentions but that we offer no guarantee and accept no liability for any decisions you take as a result of the information on the site. In all instances, we strongly recommend seeking professional support and guidance before making any decisions concerning your business or career.
Cookies are small files saved to the user’s computers hard drive that track, save and store information about the user’s interactions and usage of the website. This allows the website, through its server to provide the users with a tailored experience within this website.
Users are advised that if they wish to deny the use and saving of cookies from this website on to their computers hard drive they should take necessary steps within their web browsers security settings to block all cookies from this website and its external serving vendors.
This website uses tracking software to monitor its visitors to better understand how they use it.
Other cookies may be stored to your computers hard drive by external vendors when this website uses referral programs, sponsored links or adverts. Such cookies are used for conversion and referral tracking and typically expire after 30 days, though some may take longer. No personal information is stored, saved or collected.
Contact & Communication
Users contacting this website and/or its owners do so at their own discretion and provide any such personal details requested at their own risk. Your personal information is kept private and stored securely until a time it is no longer required or has no use, as detailed in the Data Protection Act 1998. Every effort has been made to ensure a safe and secure form to email submission process but advise users using such form to email processes that they do so at their own risk.
This website and its owners use any information submitted to provide you with further information about the products / services they offer or to assist you in answering any questions or queries you may have submitted. This includes using your details to subscribe you to any email newsletter program the website operates. Or whereby you the consumer have previously purchased from or enquired about purchasing from the company a product or service that the email newsletter relates to. This is by no means an entire list of your user rights in regard to receiving email marketing material. Your details are not passed on to any third parties.
This website operates an email newsletter program, used to inform subscribers about products and services supplied by this website. Users can subscribe through an online automated process should they wish to do so but do so at their own discretion. Some subscriptions may be manually processed through prior written agreement with the user.
Subscriptions are taken in compliance with UK Spam Laws detailed in the Privacy and Electronic Communications Regulations 2003. All personal details relating to subscriptions are held securely and in accordance with the Data Protection Act 1998. No personal details are passed on to third parties nor shared with companies / people outside of the company that operates this website. Under the Data Protection Act 1998 you may request a copy of personal information held about you by this website’s email newsletter program. A small fee will be payable. If you would like a copy of the information held on you please write to the business address at the bottom of this policy.
Email marketing campaigns published by this website or its owners may contain tracking facilities within the actual email. Subscriber activity is tracked and stored in a database for future analysis and evaluation. Such tracked activity may include; the opening of emails, forwarding of emails, the clicking of links within the email content, times, dates and frequency of activity [this is in no way a comprehensive list].
This information is used to refine future email campaigns and supply the user with more relevant content based around their activity.
In compliance with UK Spam Laws and the Privacy and Electronic Communications Regulations 2003 subscribers are given the opportunity to un-subscribe at any time through an automated system. This process is detailed at the footer of each email campaign. If an automated un-subscription system is unavailable clear instructions on how to un-subscribe will by detailed instead.
Although this website only looks to include quality, safe and relevant external links, users are advised adopt a policy of caution before clicking any external web links mentioned throughout this website. (External links are clickable text / banner / image links to other websites, similar to; www.websitename.co.uk.)
The owners of this website cannot guarantee or verify the contents of any externally linked website despite their best efforts. Users should therefore note they click on external links at their own risk and this website and its owners cannot be held liable for any damages or implications caused by visiting any external links mentioned.
Adverts and Sponsored Links
This website may contain sponsored links and adverts. These will typically be served through our advertising partners, to whom may have detailed privacy policies relating directly to the adverts they serve.
Social Media Platforms
Communication, engagement and actions taken through external social media platforms that this website and its owners participate on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.
Users are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and personal details. This website nor its owners will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.
This website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.
Shortened Links in Social Media
This website and its owners through their social media platform accounts may share web links to relevant web pages. By default some social media platforms shorten lengthy urls [web addresses] (this is an example: http://bit.ly/1HpzALd).
Users are advised to take caution and good judgement before clicking any shortened urls published on social media platforms by this website and its owners. Despite the best efforts to ensure only genuine urls are published many social media platforms are prone to spam and hacking and therefore this website and its owners cannot be held liable for any damages or implications caused by visiting any shortened links.
Resources & Further Information
- Data Protection Act 1998
- Privacy and Electronic Communications Regulations 2003
- Privacy and Electronic Communications Regulations 2003 – The Guide
Terms and Conditions
1.1 In these terms and conditions, the following words and phrases shall have the meanings ascribed to them below:
“Conditions” means these terms and conditions;
“Contract” means the contract between the Supplier and the Customer relating to the supply of Services, incorporating the Conditions and the Order Confirmation;
“Customer” means the person or party detailed in the Order Confirmation who purchases Services from the Supplier;
“Fees” means the fees detailed in the Order Confirmation;
“Goods” means the goods detailed in the Order Confirmation to be supplied to the Customer by the Supplier;
“Order Confirmation” means the document confirming particulars of the Contract, including (where applicable) the Services, the Goods and Fees;
“Payment Terms” means the payment terms detailed in the Order Confirmation;
“Services” means the services detailed in the Order Confirmation to be supplied to the Customer by the Supplier;
“Special Conditions” means the special terms and conditions (if any) detailed in the Order Confirmation;
“Supplier” means Yorkshire Powerhouse Limited, a company registered in England and Wales (company number 10237925), whose registered office is at Unit 14 New Mills Brougham Road, Marsden, Huddersfield, England, HD7 6AZ; and
“Payment Terms” means the terms for payment of the Charges as detailed in the Order Confirmation.
- APPLICATION OF CONDITIONS
- The description and price of the Goods and Services shall be detailed in the Order Confirmation.
- All samples, drawings, descriptive matter, specifications and advertising issued by the Supplier, and any descriptions or illustrations contained in the Supplier’s catalogues or brochures are issued or published for illustrative purposes only and they do not form part of the Contract.
2.3 Any variation to these Conditions and any representations about the Goods and Services shall have no effect unless expressly agreed in writing.
2.4 If there is any conflict, inconsistency or ambiguity when interpreting the Contract, the following order of precedence shall always apply:
(a) any Special Conditions;
(b) these Conditions;
(c) the Order Confirmation.
- BASIS OF SUPPLY
3.1 The Contract shall commence on the date the Customer signs the Order Confirmation and returns it to the Supplier.
3.2 The Customer shall ensure that its order is complete and accurate.
3.3 The Customer acknowledges that it has:
(a) not relied on any statement, promise or representation made or given by or on behalf of the Supplier which are not set out in the Contract; and
(b) satisfied itself that the Services are suitable for its own requirements.
4.1 The description and/or quantity of the Goods and Services shall be as set out in the Order Confirmation.
4.2 In entering into the Contract, the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations (except fraudulent misrepresentation) which have not been confirmed in writing by an authorised officer of the Supplier.
4.3 Any advice or recommendation given by the Supplier or its employees, contractors or agents to the Customer about the Services which are not confirmed in writing by an authorised officer of the Supplier is followed or acted on entirely at the Customer’s own risk.
- CHANGE CONTROL
5.1 If either party requests a change to the scope or performance of the Contract, the Supplier shall, within a reasonable time, provide a written estimate to the Customer of:
(a) the likely time required to implement the change;
(b) any variations to the Supplier’s price arising from the change; and
(c) any other impact of the change on the terms of the Contract.
5.2 If the Supplier requests a change to the scope of the Contract, the Customer shall not unreasonably withhold or delay consent to it.
5.3 If the Customer wishes the Supplier to proceed with the change, the Supplier has no obligation to do so unless and until the parties have agreed in writing on the necessary variations to the price, any implementation plan and any other relevant terms of the Contract to take account of the change.
- DELIVERY, TITLE AND RISK
6.1 As no Good are supplied by the Supplier, this section is not needed.
- PERFORMANCE OF SERVICES
7.1 Any dates or times specified by the Supplier relating to the performance of the Services are estimates only. Time for performance of the Services shall not be of the essence and shall not be made so by the service of any notice.
7.2 Performance of the Services shall be within a reasonable time.
7.3 If performance of the Services is prevented or delayed by any act or omission of the Customer or the Customer’s agents, sub-contractors or employees, the Customer shall be liable to pay the Supplier on demand all reasonable costs, Fees or losses sustained or incurred by it (including, without limitation, any direct or indirect consequential losses, loss of profit and loss of reputation, loss or damage to property, injury to or death of any person and loss of opportunity to deploy resources elsewhere), subject to the Supplier confirming such costs, Fees and losses to the Customer in writing.
- CUSTOMER OBLIGATIONS
8.1 The Customer shall:
(a) provide in a timely manner such information as the Supplier may request, and ensure that such information is accurate in all material respects; and
(c) where the Services are performed at the Customers premises or at any other third party premises site, be responsible (at its own cost) for preparing such premises by:
(i) obtaining any necessary easements, wayleaves, permissions, consents or licenses, including without limitation, planning permission pursuant to the Town and Country Planning Act 1990 and building regulations consent pursuant to the Buildings Act 1984;
(ii) providing suitable secure space for keeping tools, fittings and materials;
(iii) making electrical power, sanitary facilities and running water available to the Supplier; and
(iv) ensuring that no person interferes with anything installed pursuant to the Services.
9.1 The Fees shall be deemed to be in UK £s (pounds sterling) and unless expressly stated otherwise, shall exclude value added tax (where applicable) at the applicable current rate, which shall be payable in addition.
9.2 The Supplier reserves the right, by giving notice to the Customer at any time to increase any Fees to reflect any increase in the cost to the Supplier which is due to any factor beyond the control of the Supplier, any change in the Order Confirmation requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate information or instructions.
- INVOICING AND PAYMENT TERMS
10.1 Payment terms shall be detailed in the Order Confirmation.
10.2 The Customer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Customer has a valid court order requiring an amount equal to such deduction to be paid by the Supplier to the Customer.
10.3 If the Customer fails to pay the Supplier any sum due pursuant to the Contract, without prejudice to any other right or remedy available to the Supplier, the Customer shall be liable to pay interest to the Supplier on such sum from the due date for payment at the annual rate of 8% above the base lending rate from time to time of the Bank of England, accruing on a daily basis until payment is made, whether before or after any judgment.
- TERM AND TERMINATION
11.1 The Customer has fourteen (14) days after the day the signed Order Confirmation is received by the Supplier to end the Contract. However, once the Supplier has completed the Contract, the Customer cannot change its mind, even if the period is still running. If the Customer cancels after the Supplier has started the Services, the Customer must pay for the Goods and Services provided up until the time the Customers tell the Supplier of its change in mind.
11.2 The Supplier may end this Contract if the Customer:
(a) breaks any of the Conditions;
(b) fails to make any payment to the Supplier when it is due and the Customer still does not make payment within 7 days of the Supplier reminding the Customer that payment is due; and
- does not, within a reasonable time, allow the Supplier access to the Customer’s premises to supply the Goods and Services.
- QUALITY, WARRANTIES AND REMEDIES
12.1 The Supplier warrants that:
(a) the Services shall be performed using reasonable skill and care within the meaning of the Supply of Goods and Services Act 1982;
- LIMITATION OF LIABILITY
13.1 The total liability of the Supplier under this Contract is limited to the Fees.
13.2 The Supplier is responsible to the Customer for foreseeable loss and damage caused by the Supplier. The Supplier is responsible for loss or damage the Customer suffers that is a foreseeable result of the Supplier breaking this Contract or the Supplier failing to use reasonable care and skill, but the Supplier is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both the Supplier and the Customer knew it might happen, for example, if it was discussed during the sales process.
13.3 The Supplier does not exclude or limit in any way its liability to the Customer where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent
14 UNFORSEEABLE DELAYS
14.1 The Supplier reserves the right to defer the performance of the Contract (without liability to the Customer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Supplier including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
- DISPUTE RESOLUTION
15.1 Excluding any dispute relating to non-payment of the price by the Customer, for whatever reason, the parties shall attempt to resolve a dispute arising from the Contract in good faith and without recourse to legal proceedings.
15.2 If the parties are unable to resolve such dispute or difference within fourteen (14) days of initial discussions between the parties taking place, either party may request the other in writing that the matter be referred to senior representatives of the parties with authority to settle the dispute, who shall attempt to resolve the dispute within thirty (30) days of the written request to do so.
15.3 If the dispute is not settled by the mechanism contemplated in clause 14.2, either party may request the Centre for Dispute Resolution (“CEDR”) in writing to appoint an independent expert.
15.4 The fees of the expert including the cost of his nomination shall be borne equally by the parties who shall bear their own costs, save as where otherwise directed by the expert.
15.5 The expert determination is to be conclusive and binding on the parties except where there is fraud or a manifest error or on a matter of law.
16.1 The Supplier may assign the Contract or any part of it to any third party. The Customer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Supplier.
16.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
16.3 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
16.4 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.