Inferno

TERMS AND CONDITIONS OF WEBSITE USE

1. Introduction

These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, do not use our website.

2. Intellectual property rights

Unless otherwise stated, Inferno Ltd own the intellectual property rights in the website and material on the website. Subject to the licence below, all our intellectual property rights are reserved.

3. Licence to use website

You may view, download for caching purposes only, and print from the website, provided that:

(a) you must not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system;

(b) you must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent;

4. Limitations of liability

The information on this website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we not commit to ensuring that the website remains available or that the material on this website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).

Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct, indirect or consequential loss or damage arising under these terms and conditions or in connection with our website, whether arising in tort, contract, or otherwise – including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings.

However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

5. Restricted access

Access to certain areas of our website is restricted. We reserve the right to restrict access to some areas of our website, or indeed our whole website, at our discretion.

6. Usage of this Website

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.

You must not use our website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website for any purposes related to marketing without our express written consent.

You must not use our website to copy, publish or send mass mailings or spam.

You must not use our website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under English and other applicable law. All material you copy, publish or send via our website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.

In respect of all material that you post on our website, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-licence such rights.

7. Variation

We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version.

8. Entire agreement

These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

9. Law and jurisdiction

This notice will be governed by and construed in accordance with English law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England.

PRIVACY POLICY

We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.

1. What information do we collect?

We may collect, store and use the following kinds of personal data:

(a) information about your visits to and use of this website;

(c) information that you provide to us for the purpose of registering with us and/or subscribing to our website services and/or email notifications

2. Information about website visits

We may collect information about you computer and your visits to this website such as your IP address, geographical location, browser type, referral source, length of visit and number of page views. We may use this information in the administration of this website, to improve the website’s usability, and for marketing purposes.

We use cookies on this website. A cookie is a text file sent by a web server to a web browser, and stored by the browser. The text file is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.

We may send a cookie which may be stored on by your browser on your computer’s hard drive. We may use the information we obtain from the cookie in the administration of this website, to improve the website’s usability and for marketing purposes. We may also use that information to recognise your computer when you visit our website, and to personalise our website for you.

Most browsers allow you to refuse to accept cookies. (For example, in Internet Explorer you can refuse all cookie by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector.) This will, however, have a negative impact upon the usability of many websites (including this one)

3. Using your personal data

Personal data submitted on this website will be used for the purposes specified in this privacy policy or in relevant parts of the website.

In addition to the uses identified elsewhere in this privacy policy, we may use your personal information to:

(a) improve your browsing experience by personalising the website;

(b) send information (other than marketing communications) to you which we think may be of interest to you by post or by email or similar technology;

We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing.

4. Other disclosures

In addition to the disclosures reasonably necessary for the purposes identified elsewhere in this privacy policy, we may disclose information about you:

(a) to the extent that we are required to do so by law;

(b) in connection with any legal proceedings or prospective legal proceedings;

(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); and

(d) to the purchaser or seller (or prospective purchaser or seller) of any business or asset which we are (or are contemplating) selling or purchasing.

Except as provided in this privacy policy, we will not provide your information to third parties.

5. International data transfers

Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this privacy policy.

If you are in the European Union, information which you provide may be transferred to countries which do not have data protection laws equivalent to those in force in the European Union. You expressly agree to such transfers.

6. Security of your personal data

We will take reasonable precautions to prevent the loss, misuse or alteration of your personal information. Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

We will store all the personal information you provide on our secure servers.

7. Policy amendments

We may update this privacy policy from time-to-time by posting a new version on our website. You should check this page occasionally to ensure you are happy with any changes.

We may also notify you of changes to our privacy policy by email.

8. Your rights

You may instruct us to provide you with any personal information we hold about you. Provision of such information may be subject to the payment of a fee.

You may instruct us not to process your personal data for marketing purposes. In practice, you will usually either expressly agree in advance to our use of your personal data for marketing purposes, or we will provide you with an opportunity to opt-out of the use of your personal data for marketing purposes. You can also instruct us not to use your personal data for marketing purposes by email at any time.

9. Third party websites

The website contains links to other websites. We are not responsible for the privacy policies of third party websites.

10. Contact

If you have any questions about this privacy policy or our treatment of your personal data, please write to Paul Rumble by email (paul.r@inferno-group.com) or by post to Inferno Ltd, 31 Great Queen Street, Covent Garden, London, WC2B 5AE.

These terms and conditions have been developed with www.website-law.co.uk.

TERMS OF BUSINESS FOR THE SALE OF GOODS/SERVICES

ABOUT THESE TERMS AND CONDITIONS:

they apply to all business conducted between the Company and the Client, and all other Terms and Conditions are excluded unless they are in writing and signed by an authorised representative of the Company;

variations can only apply if agreed in writing by a Director of the Company;

they are to be construed and have effect according to English law and the Client and the Company shall submit any dispute to the exclusive jurisdiction of the English courts;

if any Condition or part of a Condition is held to be unlawful or unenforceable, the rest will still apply;

variations to these terms purportedly agreed by e-mail shall not be contractually binding unless, and until, confirmed by non-electronic hardcopy in writing and signed by a Director of the Company.

1. DEFINITIONS

‘The Company’ means Inferno Ltd, a business registered in England under number 2604658 whose registered office is at 31 Great Queen Street, Covent Garden, London, WC2B 5AE.

‘The Client’ means anyone who receives a cost estimate, submits a brief, places an order or buys any Goods or Services from the Company, and includes their staff, agents and subcontractors.

‘The Services’ means anything that the Company does for the Client at their request.

‘The Goods’ means anything that the Company purchases on behalf of the Client at their request.

2. QUOTATIONS

All quotations and cost estimates are based on information available at the time. Any subsequent additions, alterations or corrections requested by the Client will be subject to additional costs. Acceptance of the quotation is deemed to imply acceptance of these Terms and Conditions.

Where timescales are specified in the quotation the Company will use all reasonable endeavours to comply with the timescales.

3. INVOICES/PAYMENT

Invoices are payable within 28 days of the date of invoice. Any invoice queries must be made in writing within 15 days of receipt of invoice. The Company reserves the right to charge interest at 4% above the NatWest Bank base rate from time to time, calculated monthly, on any invoices not settled within 28 days. Some projects may require payment in advance for certain Goods or Services; this will be clearly stated on the cost estimate and invoice, and the Client agrees to pay these invoices immediately on presentation. Delivery of the Goods or Services may not be made by the Company unless such advance payment has been received.

In the event of cancellation or termination of a contract, the Company has the right to charge a cancellation fee to cover the work done up to the date of cancellation, and any costs incurred or contracted up to that date.

4. COMPANY OBLIGATIONS

The Company promises to supply the Goods and Services using reasonable skill and care. The Company will also use all reasonable endeavours to follow the Client’s instructions and to faithfully reproduce any information supplied by the Client. The Company will make every effort to ensure that any marketing communications campaigns it designs on behalf of the Client comply with the relevant statutory requirements and voluntary codes normally applied within the advertising, sales promotion and direct marketing industries, including, but not restricted to, the Advertising Standards Authority and the British Codes of Advertising and Sales Promotion.

The Company shall treat as confidential all information (written or verbal) supplied to it by or on behalf of the Client in relation to the Services, unless such information is in general circulation.

The Company has the right to use as it sees fit any general marketing information obtained in relation to the supply of the Services.

The Company will keep with care any materials entrusted to it by the Client and will return them on completion of the Services if so requested by the Client.

If the Company recommends a supplier with whom the Client contracts direct, the Company shall not be liable for the performance by that supplier of its duties under the contract, and the Client shall satisfy itself as to the supplier’s suitability.

The Company shall not in any event be liable for any consequential loss or loss of profits suffered by the Client.

5. CLIENT’S OBLIGATIONS/INDEMNITIES

The Company relies on the accuracy of information and instructions provided by the Client. Any statements of fact provided by the Client should be correct and able to be objectively substantiated, and any statements of opinion provided by the Client should be reasonably and honestly held. The Client must inform the Company without delay if they consider that any claim or trade description in any communication relating to the Client’s product or service is false or misleading, and must be able to support any claim made with objective factual evidence if required. The Client must ensure that all information concerning their products which is required by statute to be displayed, is so displayed.

The Client shall ensure that no work commissioned involves the infringement of a patent, registered design, copyright or other property right.

The Client accepts all liability and shall indemnify the Company in respect of any claims, costs, damages, or proceedings brought against the Company, caused by or relating to the supply of the Services (including, but not limited to, any breach of the Client’s obligations under this clause), unless these are directly due to negligence by the Company. This indemnity includes costs and expenses incurred by the Company, and shall continue after termination of the contract.

6. DATA

The Client undertakes that its data and information will not contain anything obscene, offensive or defamatory.

The Client warrants that:

a) it is registered under the Data Protection Act 1984 (‘the Act’) if any of its information or data contains ‘Personal Data’ (as defined by section 1 (3) of the Act) (‘Personal Data’);

b) it has obtained the Personal Data lawfully;

c) the Services comply with the purposes specified in the Client’s registration under the Act;

d) the Personal Data is accurate and will be updated during the course of the provision of the Services by the Company;

e) it will not disclose the Personal Data to any third party nor use it for any purpose other than a registered purpose.

The Client shall, if requested by the Company, supply to the Company copies of all advertising and other material to be posted or supplied by the Company pursuant to the contract. If in the sole opinion of the Company, the content of the information or data so supplied breaches any of the provisions of this clause, then the Company may require the Client to rectify such default, and failure by the Client to do so within a reasonable time specified by the Company shall enable the Company to terminate the contract without incurring any liability to the Client in so doing. The Client will indemnify and keep the Company fully indemnified against any actions, proceedings, claims, demands, damages and costs incurred by the Company as a result of any breach by the Client of the provisions of this clause or of its obligations under the Act in respect of Personal Data supplied to the Company.

7. COPYRIGHT

The copyright on all designs, concepts and artwork created by the Company belongs to the Company unless otherwise agreed by a Director in writing. If any such designs or concepts are used by the Client without the Company’s agreement, or for a purpose other than that for which they were originally commissioned, the Company reserves the right to charge a fee for such use.

8. SUSPENSION/TERMINATION

If any circumstance whatsoever which is outside the Company’s control causes a delay in providing, or inability to provide, the Goods or Services, the contract will be suspended until the circumstances cease. The Company will keep the Client informed of the situation at all times, but will still be entitled to payment for work done up until the circumstance occurred, and will not be held liable for any loss caused by such circumstance.

The Company reserves the right to terminate any contract by written notice to the Client, if the Client consistently fails to settle invoices by the due date, or after written requests for payment, or if in the opinion of the Company the Client at any time becomes unlikely to be able to pay debts as they fall due, without affecting any of the Company’s other claims or rights under these Terms and Conditions.

TERMS AND CONDITIONS OF BUSINESS FOR THE PURCHASE OF GOODS AND SERVICES

1. All Orders for Goods shall be deemed to be an offer by the Company to purchase the Goods under these Conditions.
2. Every offer quotation acceptance and contract for the sale or supply of Goods to the Company is made subject to these Conditions.
3. All terms and conditions proposed by the Supplier (even though such terms may be included in a later document and/or purport to exclude or supersede any terms which are inconsistent with them) or which may otherwise be implied by custom or dealing are hereby excluded.
4. The word ‘Company’ means Inferno Ltd, a business registered in England under number 2604658 whose registered office is at 31 Great Queen Street, Covent Garden, London, WC2B 5AE.
  
  The word ‘Goods’ means all goods the supply of which is the subject of this Order.
  
  The word ‘Services’ means all services the supply of which is the subject of this Order.
  
  The word ‘Supplier’ means the person firm or company to whom this Order is issued and addressed.
5. Despatch or delivery of the Goods by the Supplier shall be deemed to be conclusive evidence of the Supplier’s acceptance of these Conditions.
The Company will not be liable for any Goods supplied or work done without a written Order. The number of this Order must be quoted on all documents and correspondence.
1. All Goods are to be delivered carriage paid at the delivery address shown in this Order and packages are to be clearly marked with the name and address of the Company and with this Order number.
2. Empties and packages will not be returned unless they are clearly marked as chargeable and this is repeated in the covering papers. Packages returned shall be subject to an allowance at the Supplier’s standard rate operating at the time of delivery.
3. This Order is placed on condition that specified delivery dates are maintained and time is of the essence of this Order. If the Supplier fails to deliver the Goods or Services in part or in whole comprised in this Order on the due date the Company shall be entitled to cancel the Order (in whole or in part) and at their option withhold payment in respect of all Goods or Services still remaining to be delivered thereunder.
4. The Supplier will be liable for any loss suffered by the Company:
  1. by the Supplier’s failure to deliver Goods or Services in accordance with this Order;
  2. in reordering Goods or Services which the Supplier has failed to supply in accordance with this Order;
  3. for any loss suffered in consequence of any delay in obtaining any replacement Goods or Services.
5. Any payment due by the Company to the Supplier in respect of work done for this or any other Order where payment is still to be made by the Company shall be reduced;
  1. by the amount of the Company’s loss for which the Supplier is liable as aforesaid and
  2. by the amount of any additional loss incurred by the Company in delivering the Goods or Services or putting the materials or products into a deliverable state.
6. The right of the Company to cancel this Order or any part thereof shall not be affected by any giving of time or other concession granted to the Supplier nor shall any waiver in respect of delay operate as a waiver of any subsequent delay.
7. The Company shall not be deemed to have accepted the Goods until after the Company (or its sub-buyers) have actually accepted the Goods and ascertained that they are in accordance with the contract and the Company may reject Goods not in accordance with the contract at any time until a reasonable period after such inspection has elapsed.
8. All Goods shall be properly and carefully packed in accordance with the requirement of the Order (where stipulated) and in any event in a manner to provide proper protection against damage in transit.
  1. Where the Company agrees to pay delivery costs these are agreed to be the usual cost of delivery by goods train or road transport as appropriate and the Company will not be liable for additional costs incurred by the Supplier to enable it to meet delivery dates.
1. Title to the Goods passes to the Company on their delivery to the delivery address shown in this Order.
2. Risk in Goods passes on their delivery to the delivery address shown in this Order and the Supplier shall make good free of charge to the Company any loss or damage to or defect in Goods occurring during transit.
Where any contract is made for the supply of Goods from overseas the contract shall (save as otherwise agreed in writing in any particular case) be subject to the Supplier obtaining all necessary import licences and other permits for the entry of the Goods into the United Kingdom and in the event that any such licence or permit cannot be obtained the contract shall be void and the Company shall be under no liability whatever to the Supplier.
The Company reserves the right to reject any Goods or any part of the Goods which are faulty in design manufacture quality or construction or which do not come up to sample and/or standards and/or specification or are unfit for the purpose for which they are required, and the Company shall have the right to purchase elsewhere.
The Supplier warrants that it will carry out its duties hereunder with the skill and care that would be expected of an expert in his trade and the Supplier shall be liable to the Company for all loss (including loss of profit and business) howsoever suffered by the Company by reason of the Supplier’s breach of this warranty or by reason of the Goods:
1. not being of satisfactory quality;
2. not coming up to sample and/or standards and/or specification;
3. infringing any third party rights (including rights to Letters Patent or Registered Designs Trade Marks Copyrights or other intellectual property rights as hereinafter referred to as ‘the Intellectual Property Rights’) or otherwise howsoever and any payment due to the Supplier under Clause 8 hereof in respect of this or any other Order where payment is still to be made shall be reduced by the amount of the Company’s loss for which the Supplier is liable as aforesaid.
1. Subject to sub-clause (b) below and unless otherwise agreed in writing payment under this Order shall be made 65 days after the date of invoice (and in any event not before delivery and inspection of the Goods) but the Company shall be entitled to take advantage of any better terms offered by the Supplier in connection with the purchase of the Goods whether relating to time for payment discounts or otherwise and the price or payment terms referred to herein shall be varied accordingly. Value Added Tax where applicable shall be shown separately on all invoices as a net extra charge.
2. Where Goods supplied under this Order are machinery or spare parts for machinery payment under this Order shall be made 65 days after the machinery or the spare parts (as applicable) have been installed at the Company’s premises or at its discretion. In cases where the machinery or the spare parts are not operating to the Company’s satisfaction the Company retains the right to withhold payment beyond the payment date as aforesaid until the defects in the machinery or the spare parts have been remedied or the defective items replaced to the satisfaction of the Company at the Supplier’s cost including any carriage and labour charges.
All Goods will be guaranteed by the Supplier for a minimum of six months from the date of delivery or six months from their coming into use (whichever shall be the later) against breakdown or failure of any description due to erroneous advice, defective materials or workmanship or howsoever caused. In the event of such failure, the defective items shall at the option of the Company either be replaced by the Supplier at its own cost including all carriage charges incurred, or be replaced by the Company at the Supplier’s cost, including any labour and carriage charges incurred. Replacements shall themselves be subject to the foregoing guarantee by the Supplier for a further period of six months from the date of delivery of the replacement or six months from the replacement coming into use (whichever shall be the later).
The Company reserves the right at any time during the performance of the contract to direct the Supplier in writing to vary in any way the quantity or description of the Goods or Services to be delivered and the Supplier shall carry out such instructions to vary and be bound by the Terms of this Order. All notices, orders or instructions to be served upon the Supplier under these Conditions shall be deemed to be properly served if sent by hand or post or fax or telex to the address of the Supplier given on this Order or the registered office or principal place of business of the Supplier. Any variation to these terms purportedly agreed by e-mail shall not be contractually binding unless, and until, confirmed by non-electronic hardcopy in writing and signed by a Director, partner or proprietor of each party to the contract.
1. Any specifications, plans, drawings, process information, patterns, designs, formulae or other processes whatsoever (‘the Specifications’)
  1. supplied by the Company to the Supplier
  2. created, calculated, drawn up or designed by the Supplier to fulfil the requirements or comply with the instructions of the Company in connection with this Order
  3. and any information derived therefrom or otherwise communicated to the Supplier in connection with this Order shall remain the property of the Company.
2. At all times the Specifications shall:
  1. be kept secret and confidential
  2. not without the consent in writing of the Company be published or disclosed to any third party
  3. not be made use of by the Supplier except for the purposes of carrying out this Order. References in this clause to the Specifications shall be construed to apply equally to old or established Specifications which are used in an innovated fashion as they apply to new Specifications.
3. Any Specifications supplied by the Company or created, calculated, drawn up or designed by the Supplier as aforesaid shall be returned to the Company on demand and all Intellectual Property Rights appertaining thereto or to the Goods shall at all times remain the property of the Company.
The Supplier confirms that all its employees are fully covered by employers liability insurance and hereby indemnifies the Company against any loss, damage, costs, claims and expenses incurred or suffered by the Company in respect of any accident or injury suffered by any employee of the Supplier whilst engaged in carrying out any work under this Order.
If the Supplier commits a breach of these Terms and Conditions or is in default of any other of its obligations to the Company or if any distress or execution is levied upon the Supplier’s property or assets, or if the Supplier makes or offers any arrangement or composition with its creditors or if the Supplier is a limited company and any resolution or petition to wind up the Supplier’s business (other than for the purpose of amalgamation or reconstruction without insolvency) or for the appointment of an administrator is passed or presented or if a receiver of the undertaking property or assets or any part thereof of the Supplier (being a limited company) is appointed then the Company may without notice:
1. suspend or determine this Order or any part thereof; and
2. recover any materials or Specifications from the Supplier’s premises that had been delivered to the Supplier for the purposes of manufacturing the articles or any parts thereof to be delivered under this Order (and the Supplier grants the Company an irrevocable licence to enter upon its premises for the purposes of this clause only).
This Order and these Terms and Conditions shall be subject to and construed in accordance with English law and the Company and the Supplier hereby submit to the exclusive jurisdiction of the English courts in all matters connected therewith or relating thereto.
These Conditions shall apply insofar as they are held to be lawful and enforceable. If any Condition or part of a Condition shall be held to be unlawful or unenforceable then these Conditions shall be read and construed as if such Condition or part thereof were omitted.

EMAIL TERMS AND CONDITIONS AND LEGAL DISCLAIMER

All statements made and agreements come to by means of email are at all times subject to inferno’s Terms and Conditions. Any other representations made above and beyond those contained in those terms and conditions are not to be relied upon and are at no time contractually binding.

inferno does not accept legal responsibility for the contents of the message from which you linked to this page. Any views or opinions presented are solely those of the author and do not necessarily represent those of inferno.

Please respect the environment: do not print the email unless absolutely necessary