Time for the small print

INTRODUCTION

Welcome to www.hotcost.co.uk. This website is owned and operated by Hotcost Ltd. By using our service and visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’).

This agreement is in effect as of July 05th, 2014.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

RESPONSIBLE USE AND CONDUCT

By using our service and visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.

c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

Iii. Contains any type of unauthorized or unsolicited advertising;

Iiii. Impersonates any person or entity, including any www.hotcost.co.uk employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

h. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Hotcost Ltd, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources.

i. You agree to indemnify and hold harmless Hotcost Ltd and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

j. Labour and Material rates must be included in every estimate, we reserve the right to apply a minimum standard rate of £30 per hour for labour and 20% mark up for Materials.

k. All fees are subject to VAT set by the UK government.

LIMITATION OF WARRANTIES

By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:

i) the use of our Resources will meet your needs or requirements.

ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.

iii) the information obtained by using our Resources will be accurate or reliable, and

iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Hotcost Ltd or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

LIMITATION OF LIABILITY

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Hotcost Ltd will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

COPYRIGHTS/TRADEMARKS

All content and materials available on www.hotcost.co.uk, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Hotcost Ltd, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Hotcost Ltd.

TERMINATION OF USE

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

RETAINER SERVICE

i) At any one time, you cannot use more than 25% of the total retainer estimating value. (The total retainer estimating value is calculated by multiplying the monthly estimating value by the duration of the retainer.) Any project valued under £40,000 in value will count towards £40,000 of your estimating value per month. Labour and Material rates must be included in every estimate, we reserve the right to apply a minimum standard rate of £30 per hour for labour and 20% mark up for Materials. In addition any project carried out under the retainer has to have a minimum value of 30% of that months estimating value, in the event that a project does not meet this value, it will be charged on the retainer at 30% of the monthly retainer estimating value.

ii) The first retainer invoice is due before the start date of the retainer, with all subsequent payments being required no later than the date stated on the relevant invoice.

iii) If any invoice payment is overdue, we reserve the right to withdraw the retainer service and charge all projects at a 0.5%+VAT fee of the estimating value and the balance invoice is payable with immediate effect. If you decide to cancel the retainer service, all projects carried out under the retainer will be charged at a 0.5%+VAT of the estimating value fee and a cancellation charge of 25% of the remaining retainer payments shall be applicable.

iv) If the estimate value of the retainer is exceeded, any additional estimating will be charged at 0.5%+VAT fee of the estimating value unless agreed in writing by Hotcost Ltd.

v) If the person, persons or company goes in to liquidation; is made insolvent or put in the hands of administrators, we reserve the right to withdraw the retainer with immediate effect and charge all projects at 0.5%+VAT fee of the estimating value. Any estimating which was carried out under the retainer will be recharged at 0.5%+VAT fee of the estimating value with any payments made under the retainer being deducted from a 0.5%+VAT fee of the estimating value and the balance invoice is payable with immediate effect.

ONE-OFF FEE

i) Any project valued under £50,000 in value will be charged at a minimum fee of £300 + VAT. A charge of 0.5% of the total estimate value will be applicable for every project unless otherwise agreed with Hotcost Ltd.

ii) All invoices will be issued on a pro forma basis with the project not being released until funds have been cleared. Payment will be due within 14 days of pro forma invoice being issued. We reserve the right to not release any project without prior payment of the invoice.

iii) All invoices must be paid within 14 days regardless of a project being released if a service confirmation form has been signed by the client.

GOVERNING LAW

This website is controlled by Hotcost Ltd from our offices located in the  United Kingdom. It can be accessed by most countries around the world. As each country has laws that may differ from those of the United Kingdom, by accessing our website, you agree that the statutes and laws of the United Kingdom, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in Courts located in the United Kingdom. You hereby agree to personal jurisdiction by such Courts, and waive any jurisdictional, venue, or inconvenient forum objections to such Courts.

GUARANTEE

Unless otherwise expressed, Hotcost Limited expressly disclaims all warranties and conditions of any kind, whether expressed or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

CONTACT INFORMATION

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

client@hotcost.co.uk