Please read all of these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just email us at Support@heyprospect.com
1. These Terms and Conditions will apply to the purchase of the services by you (the Customer or you). We are Clarity Stack Ltd whose trading name is HeyProspect a company registered in England and Wales under number 11346427 whose registered office is at Warmington Mill, Warmington, PE8 6TJ with email address Support@heyprospect.com; (the Supplier or us or we).
2. These are the terms on which we sell all Services to you. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the checkbox marked ‘I accept the Terms of Service”. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Services from the Website if you are eligible to enter into a contract and are at least 18 years old.
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Services;
5. Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Order means the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the Website;
9. Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
10. Website means our website https://heyprospect.com/ on which the Services are advertised.
11. The description of the Services is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only.
12. In the case of Services made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All Services which appear on the Website are subject to availability.
14. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
PERSONAL INFORMATION AND REGISTRATION
15. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
17. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
BASIS OF SALE
18.. The description of the Services in our website does not constitute a contractual offer to sell the Services. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
* 19. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
* 21. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
FEES AND PAYMENT
22.. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
23. You must pay by submitting your credit or debit card details with your Order and we will take payment immediately.
We will deliver the Services by the time or within the agreed period or, failing any agreement, within a reasonable time.
WITHDRAWAL AND CANCELLATION
24. You can cancel your account at any time from your account settings page, which will stop any further billing at the next billing date.
Right to cancel
25. Within contract, you cancel at any time. Your account will run until your next billing period, and your account will not be billed any further hereafter.
26. You can electronically fill in and submit the cancellation form on our website https://heyprospect.com/ within the settings panel. We will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
Payment for Services commenced during the cancellation period
27. We must not supply any services (being part of the Services) after the end of the cancellation period unless an express request has been agreed otherwise for the service.
28.. We will supply the Services with reasonable skill and care.
29.. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
DURATION, TERMINATION AND SUSPENSION
30. The Contract continues on an ongoing basis, where we will continue to perform the Services and bill according to the billing period you select.
31. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
b. is subject to any step towards its bankruptcy or liquidation.
32. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
CIRCUMSTANCES BEYOND THE CONTROL OF EITHER PARTY
33. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel below).
34. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
36. For the purposes of these Terms and Conditions:
a. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
b. ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
c. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
37.. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
38.. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
39. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: Support@heyprospect.com
40. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services wholly or mainly for your business, trade, craft or profession.
GOVERNING LAW, JURISDICTION AND COMPLAINTS
41. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
42. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
43. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution, either via email or using our online chat service. We will aim to respond with an appropriate solution within 5 days.
44.. We have a no refund policy in place.