Sales of Services

BACKGROUND: These Terms and Conditions are the standard terms for the sale of services via the www.reputationshield.co.uk website by Reputation Shield, a brand owned by Reputation Shield Ltd. This is a company registered in England with company number 14985187 of 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ.

Reputation Shield Trademarks and Copyrights Our trademark, Reputation Shield may not be used in any way for any purpose without the express written permission of Reputation Shield, a brand of Reputation Shield Ltd.

Definitions and Interpretation 1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Business Day” means any day other than Saturday or Sunday or bank holiday;

“Calendar Day” means any day of the year;

“Contract” means the contract for the purchase and sale of Services, as explained in Clause 2;

“Month” means a calendar month;

“Order” means your order for the Services, made via the website;

“Order Confirmation” means Our acceptance and confirmation of your Order as described in Clause 2;

“Pre-Contract Information” means information about Reputation Shield Ltd and the brand Reputation Shield, the Services, pricing, and your legal rights that We are required to provide under the Consumer Contracts (Information, Cancellation) Regulations 2013 [some of which will be provided by calling us using the number on the website and all of] which will be made available to you via the website.

“Price” means the price payable for the Services;

“Services” means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation);

“Special Price” means a special offer price payable for the Services; and

“We/Us/Our” means Reputation Shield Ltd, a company registered in England under with company number 14985187 of 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ and includes all employees and agents of Reputation Shield and the Reputation Shield website.

1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by email, [text message,] fax or other means.

The Contract 2.1 These Terms and Conditions govern the sale of services by Us, via the website www.reputationshield.co.uk and will form the basis of the Contract between Us and you. Before submitting your Order, please have a read of the terms and conditions – you won’t find any surprises but should you need to discuss anything please call the number on the website. You should ensure that you have read these Terms and Conditions and the Pre-Contract Information carefully.

2.2 Your Order constitutes a contractual offer that We may, at our discretion, accept.

2.3 A legally binding Contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided by email and through the website’s removal management suite.

Orders 3.1 All Orders for Services made by you via the website, telephone and email will be subject to these Terms and Conditions.

3.2 You may change your Order at any time before We begin providing the Services by contacting Us. Requests to change Orders do not need to be made in writing.

3.3 If your Order is changed We will inform you of any change to the Price [when you contact Us, and will confirm the change] in writing.

3.4 If you change your mind, you may cancel your Order at any time either before We begin providing the Services or, subject to limitations, once the Services have begun by contacting Us. Please refer to Clauses 9 and 10 for details of your cancellation rights. You may not be fully refunded if the order is cancelled, we will calculate our costs and deduct from your total payment.

3.5 We may cancel your Order at any time before We begin providing the Services in the following circumstances:

3.5.1 The required personnel and/or required materials necessary for the provision of the Services are not available; or

3.5.2 An event outside of Our control continues for more than 2 weeks (please see Clause 12 for events outside of Our control).

3.6 If We cancel your Order under sub-Clause 3.5 and you have already made any payment to Us, the payment will be refunded to you within 2 weeks. If We cancel your Order, you will be informed by email and in the removal management suite of the website [and the cancellation will be confirmed in writing by email and the removal management suite of the website].

Price and Payment 4.1 The Price of the Services will be that [given by Our salespeople] AND/OR [in Our website] at the time of your Order.

4.2 Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.

4.3 We will issue a full refund within 7 working days for any services Reputation Shield has not yet started working on if the client has cancelled the service. If we have already started working on the project then we may refuse the refund or we will cover our losses and refund the remaining amount.

4.4 Pricing and payment structures (including due dates for payment) may vary according to the nature of the Services ordered.

4.5 We accept the following methods of payment:

4.5.1 Paypal;

4.5.2 Visa Debit;

4.5.3 Credit Card.

4.6 We do not charge any additional fees for any of the payment methods listed in sub-Clause 4.6.

Providing the Services 5.1 We will begin providing the Services on the date agreed when you make your Order (which shall be confirmed in Our Order Confirmation). Please note that if you request that the Services begin within the statutory 7 Calendar Day cancellation (or “cooling-off”) period, your right to cancel may be lost if the page you want removed is removed already or it is already in the process of removal. Please see Clause 9 for your statutory cancellation rights.

5.2 We will not continue providing the Services without payment.

5.3 We will make every reasonable effort to provide the Services in a timely manner [and to complete them on time]. We cannot, however, be held responsible for any delays if an event outside of Our reasonable control occurs. Please see Clause 12 for events outside of Our control.

5.3.2 Our link removal services are not guaranteed unless offered in writing on the agreement email between reputation Shield, Its representatives and the client, we can only legally challenge the publishers and Google on the clients behalf, the final decision is down to the publishers and Google to approve or decline the removal.

5.4 If We require any information from you in order to provide the Services, We will inform you of this as soon as is reasonably possible. Depending upon the exact nature of the Services you require from Us, We may require information such as what the negative content is about.

5.5 If the information you provide under sub-Clause 5.4 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information that you have provided We may charge you a reasonable additional sum for that work.

5.6 In certain circumstances, for example where there is a delay in you sending Us information required under sub-Clause 5.4, We may suspend the Services (and will inform you of that suspension by email.

5.7 In certain circumstances, for example where We encounter a technical problem, We may need to suspend or otherwise interrupt the Services to resolve the issue. Unless the issue is an emergency and requires immediate action We will inform you in advance by email or telephone if number provided, before suspending or interrupting the Services.

5.8 If the Services are suspended under sub-Clause [5.6 or] 5.7, you will not be required to pay for them during the period of suspension. You must, however, pay any invoices that you have already received from Us by their due date(s).

5.9 If you do not pay Us for the Services as required by Clause 4, We will suspend the Services until you have paid all outstanding sums due. If this happens, We will inform you by email. This does not affect Our right to charge you interest under sub-Clause 4.8. Clients pay in advance for Yahoo Answer and are refunded if not satisfied within 2 weeks. They also pay in advance for reputation management packages, which do not begin until we are paid.

Problems with the Services 6.1 We always use reasonable endeavours to ensure that Our Services are trouble-free. If, however, there is a problem with the Services We request that you inform Us as soon as is reasonable possible via email or our telephone number on the website.

6.2 We will use reasonable efforts to remedy problems with the Services as quickly as is reasonable possible and practical. [In emergency situations such as those where vulnerable people living in your property may be affected, We will use reasonable efforts to remedy problems within 24 hours.]

6.3 We will not charge you for remedying problems under this Clause 6 where the problems have been caused by Us, any of Our agents or sub-contractors or where nobody is at fault. If We determine that a problem has been caused by incorrect or incomplete information provided by you, sub-Clause 5.5 will apply [and We may charge you for the remedial work].

6.4 As a consumer, you have certain legal rights with respect to the purchase of services. We are, for example, required to provide the Services with reasonable care and skill. You also have remedies if We use materials that are faulty or incorrectly described. More information on your rights as a consumer can be obtained from your local Citizens Advice Bureau or from the Office of Fair Trading.

Our Liability 7.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable, such as website going offline temporarily.

7.2 We provide Services for domestic and private use (or purposes). We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

7.3 We are not responsible for any pre-existing faults or damage in or to your property that We may discover while providing the Services.

7.4 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

7.5 Furthermore, nothing in these Terms and Conditions seeks to exclude or limit Our liability for the following with respect to your rights as a consumer:

7.5.1 Breach of your right to title and quiet possession as implied by Section 2 of the Supply of Goods and Services Act 1982;

7.5.2 Breach of terms relating to description, satisfactory quality, fitness for purpose and samples as implied by Sections 3, 4 and 5 of the Supply of Goods and Services Act 1982; and

7.5.3 Our liability relating to defective products as set out in the Consumer Protection Act 1987.

Events Outside of Our Control (Force Majeure) 8.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

8.2 If any event described under this Clause 8 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions or the Contract:

8.2.1 We will inform you as soon as is reasonably possible;

8.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;

8.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;

8.2.4 If the event outside of Our control continues for more than 2 weeks We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;

8.2.5 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible.

Your Statutory Right to Cancel 9.1 As a consumer in the European Union you have a statutory right to cancel your Contract with Us up to 7 Calendar Days after the Contract between you and Us is formed (as explained in sub-Clause 2.3). You may cancel your Contract with Us for any reason under this right. If you wish to cancel your Order before receiving Our Order Confirmation or if you wish to cancel the Contract after receiving the Order Confirmation but before the Services begin, sub-Clause 9.2 will not apply.

9.2 As noted in sub-Clause 5.1, if you have requested that the Services begin within the 7 Calendar Day cancellation period your statutory right to cancel may be limited or lost. By requesting that the Services begin within the statutory cancellation period you acknowledge and agree that:

9.2.1 If the Services are fully performed within the 7 Calendar Day cancellation period, you will lose your right to cancel after the Services are fully performed.

9.2.2 If you cancel the Services after they have begun but are not yet complete (where applicable) you will be required to pay for the Services supplied up to the time at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that you have already paid shall be refunded subject to deductions calculated in accordance with the foregoing.

If you wish to exercise your right to cancel under this Clause 9, you must inform Us of your decision. You may do so in any way that is convenient for you. Please ensure that you inform Us of your decision to cancel before the period in sub-Clause 9.1 expires (note that the cancellation period is defined as whole Calendar Days. If, for example, you send Us an email or a letter by 23:59 on the final day of the cancellation period, your cancellation will be valid and accepted). We provide a cancellation form that you may use if you wish to inform Us in writing. The cancellation form and accompanying instructions are available on our website. Alternatively, please contact Us:

9.3.1 By telephone on 020 7117 2477 9.3.2 By email on contact@reputationshield.co.uk; or 9.3.3 By post at Reputation Shield, 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ.

9.4 Inquiry on Cancellation: [We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services, however you are under no obligation to provide any details if you do not wish to.]

9.5 Refunds: Refunds under this Clause 9 will be issued to you no later than 30 Calendar Days after the date on which you inform Us that you wish to cancel.

9.6 Refund Method: Refunds under this Clause 9 will be made using the same payment method you used when ordering the Services [unless you specifically request that We make a refund using a different method].

10. Cancellation After the Statutory Cancellation Period:

10.1 Cancellation of Services after the 7 Calendar Day cancellation period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration. You will be informed of the relevant duration and cancellation provisions by Our salespeople before you complete your Order and details will also be included in the Pre-Contract Information.

10.2 If you wish to exercise your right to cancel under this Clause 10, you must inform Us of your decision to do so. You may do so in any way that is convenient for you. Contact Us on www.reputationshield.co.uk. Alternatively, via Email.

10.2.1 By telephone on the website telephone number;

10.3 Eligibility for refunds may vary according to the Services ordered. In some cases, you may be required to make a further payment on cancellation. You will be informed of the relevant terms by Our salespeople before you submit your Order, and details will also be included in the Pre-Contract Information.

10.4 Refunds under this Clause 10 will be issued to you no later than 7 Calendar Days after the date on which you inform Us that you wish to cancel.

10.5 Refunds under this Clause 10 will be made using the same payment method you used when ordering the Services [unless you specifically request that We make a refund using a different method].

11. Communication and Contact Details:

11.1 If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 0207 117 2477 or by email at contact@reputationshield.co.uk.

11.2 For orders, payments, and delivery, please contact Us by telephone at 0207 117 2477 or by email at contact@reputationshield.co.uk.

12. How We Use Your Personal Information (Data Protection):

12.1 All personal information that We may collect (including, but not limited to, your name, address, and telephone number) will be collected, used, and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.

12.2 We may use your personal information to:

12.2.1 Provide Our services to you; 12.2.2 Process your Order (including payment) for the Services; and 12.2.3 Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time.

12.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.

12.4 We will not pass on your personal information to any third parties [without first obtaining your express permission].

13. Other Important Terms:

13.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected, and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

13.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.

13.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way, and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

13.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid, or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

13.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

14. Governing Law and Jurisdiction:

14.1 These Terms and Conditions (and the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

14.2 Any dispute, controversy, proceedings, or claim between Us and you relating to these Terms and Conditions (or the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the non-exclusive jurisdiction of the courts of England and Wales.