Introduction to services
For the purposes of this section of the terms and conditions the term “Customer” shall mean either the supplier member or the buyer member requiring the goods and services of a supplier member as the case may be.
The Qimtek services referred to as ‘the Qimtek Marketplace’ provides a proactive forum where customers can find the right suppliers for their manufacturing needs, and where UK engineers can connect with new potential customers.r. Customers can register and post manufacturing or engineering project requirements they wish to have undertaken by suppliers, who have subscribed as Members to receive these projects. Qimtek shall post or advise its registered supplier members of such customer requirements and feed back any interest to the requesting customer.
Each Qimtek supplier Member shall be required to register their specific skills and areas of specialism so that any customer enquiry can be properly directed to the correct and relevant supplier. Qimtek shall not, nor shall have any obligation to, review or verify any customer requirement nor the skills or quality of work of the supplier members. Qimtek shall only post the information provided to it by its members (subject to any immaterial adjustment or formatting to enable it to appear on the website or email messaging to the relevant potentially interested member). Qimtek is not responsible for the contents of such information provided to it from a member, nor for verifying the accuracy, suitability or intentions behind the information provided.
Once the introduction between the supplier and customer has been made it is entirely up to those members to conclude any contract for services or the engagement by the customer member for the supplier to fulfil the project requirements. Qimtek shall not be responsible for the provision of such services or the payment for such services.
By accepting a Customer as a member or by posting or sending a customer’s information on this website or to other members does not in any way mean that Qimtek endorses or guarantees that customer, the services that customer purports they can provide or the financial viability of the customer requesting goods or services.
Qimtek Online is entitled in its absolute discretion to reject or exclude an advertisement or information submitted or previously accepted to run on the website.
Services - Advertising Specifications and Terms and Conditions
Qimtek Online is entitled in its absolute discretion to reject or exclude information submitted or previously accepted to run on the website.
The Customer shall at all times:
- Co-operate with Qimtek to enable Qimtek to provide the Services; and
- Obtain all necessary permissions and consents which may be required before the commencement of the Services.
- Ensure that all information it provides Qimtek is accurate, not misleading, genuine, provided with all necessary consents and authority from its directors and proprietors.
The Customer hereby grants Qimtek a world-wide, non-exclusive, royalty-free licence to reproduce and display any information provided by the Customer to Qimtek for the purpose of providing the Services in accordance with this Agreement.
- The Customer warrants that:
- It has the right to publish all of the information it provides to Qimtek and can grant Qimtek such right to publish the information on the Site; and
- The information provided to Qimtek for publication is original material belonging to the Customer; and
- Qimtek’s use, reproduction, distribution, or transmission of information provided by the Customer to Qimtek on the Site will not and does not infringe any third party rights; and
- The information does not contain material that includes false advertisements, unfair competition, defamatory material, invasions of privacy or rights of celebrity, or violations of any anti-discrimination law or regulation; and
- The provision of the Services by Qimtek, using the information provided by the Customer, will not infringe any third party rights.
Intellectual Property Rights
All intellectual property rights in the information created or written by or on behalf of the Customer shall be and will remain the absolute property of the Customer.
Neither party will gain by virtue of this Agreement any rights of ownership of or in any copyright, patents, trade secrets, trade marks or other intellectual property or proprietary rights owned by the other.
Limitation of Liability
This provision sets out Qimtek’s entire liability to the Customer and all other liability of Qimtek to the Customer is hereby excluded.
In no event shall Qimtek be liable to the Customer whether in contract, tort, by statute or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage arising out of or in connection with the provision of the Services, including without limitation: loss of revenue, loss of anticipated savings, loss of business and/or goods, loss of goodwill, loss of use, loss and/or corruption of data and/or other information, loss of business opportunities, loss of reputation or otherwise. For the avoidance of doubt, neither the types of loss and/or damage specified above nor any similar types of loss and/or damage shall constitute direct loss for the purposes of this Agreement.
Nothing shall exclude or restrict Qimtek’s liability for fraudulent misrepresentation and/or for death or personal injury (including but not limited to sickness and death) to the extent that such injury results from the direct negligence or wilful default of Qimtek, its servants, agents or subcontractors. Nothing in these terms and conditions shall limit or exclude Qimtek’s liability to the extent such liability cannot be limited or excluded by law.
Subject to the above Qimtek excludes all warranties express or implied (other than as specifically set out in these terms and conditions) to fullest extent permitted by law.
Qimtek’s aggregate liability in respect of claims based on events in any calendar year arising out of or in connection with this Agreement or any collateral contract, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed 125% of the total fees payable by the Customer to Qimtek for this for the services in the 12 months immediately preceding the breach.
The Customer shall keep Qimtek indemnified in full against all direct, indirect or consequential liabilities and any loss of profit, loss of business, depletion of goodwill and like loss, loss, damages,liability, fines and penalties, injury, costs and expenses (including legal and other professional fees and expenses) awarded against or incurred or paid by Qimtek as a result of or in connection with the provision of the Services to the Customer under this Agreement or any breach by the Customer of these terms and conditions.
Term and Termination
This Agreement for the provision of the services shall come into effect when the Order or membership application form has been accepted by Qimtek and shall continue for the Term specified in the Acceptance Notice or membership application form, unless terminated earlier in accordance with these terms or the terms set out in the application form or acceptance notice.
- The monthly recurring membership agreement is for a minimum period of 12 calendar months (Minimum Term) and will automatically continue thereafter for successive 1 month terms (monthly renewal term) until terminated by either party giving at least 30 days notice in writing at any time after the minimum Term. Where the agreement is terminated howsoever arising:
- During the Minimum Term then all monthly payments for the rest of the Minimum term shall become due and owing; or
- After the Minimum Term but part way through a monthly renewal term the Customer shall pay the membership fee until the end of the month upon which the termination date falls.
- The one off membership agreement is for a minimum fixed period of 12 calendar months and will automatically renew at each anniversary for a further fixed term of 12 months unless terminated by either party giving at least 30 days notice in writing, such notice to be provided before the end of the current 12 month period and shall be deemed effective at the end of the current 1 year term. For the avoidance of doubt, on termination, howsoever arising, any membership fee for the current 1 year term outstanding must be paid in full and any membership fee previously paid or to be paid shall not be eligible for a pro rata refund or discount to represent the period from the date of the notice to the end of the current 1 year term.
- On Membership renewal the price for the membership shall be the current (annual or monthly as the case may be) price payable except as agreed otherwise above.
- Any price increase is notified to you by Qimtek at least 3 months prior to any change
Where no Term is specified either party may terminate this Agreement by giving not less than one months’ prior written notice to the other party.
Without prejudice to any other rights to which it may be entitled, either party may give notice in writing to the other terminating this Agreement with immediate effect if:
- The other party commits any material breach of any of the terms of this Agreement and (if such a breach is remediable) fails to remedy that breach within 15 days of that party being notified of the breach; or
- if an order is made or a resolution is passed for the winding up of the other party or if an order is made for the appointment of an administrator to manage the affairs, business and property of the other party or if a receiver is appointed of any of the other party’s assets or undertaking or if circumstances arise which entitle the Court or a creditor to appoint a receiver or manager or which entitle the Court to make a winding-up order or if the other party takes or suffers any similar or analogous action in consequence of debt.
Without prejudice to any other right or remedy Qimtek may terminate the services to any Customer if it fails to pay any fees by the due date.
- If monthly recurring membership agreements are not paid by direct debit a charge of 10% will apply.
- Prices for one off memberships monthly apply to payments made by the 25th day of the following month of the commencement date. Late payment between 25-60 days will incur a 10% admin fee, after 60 days a 25% admin fee.
- Payment shall be made 30 days from the date of invoice
The Customer may not assign, sub-license or otherwise transfer any rights or obligations under these Terms and Conditions. Qimtek reserves the right to assign, sub-licence or transfer any obligations under these Terms and Conditions to a third party.
These Terms and Conditions cannot be varied except in writing by Qimtek.
The obligations of each party under these Terms and Conditions shall be suspended during the period and to the extent that that party is prevented or hindered from complying with them by any cause beyond its reasonable control.
If any provision in these Terms and Conditions is found to be invalid or unenforceable by any authority having competent jurisdiction, such invalidity or unenforceability shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
Failure by either party to insist upon strict performance of any provision of these Terms and Conditions, or the failure of either party to exercise any right or remedy to which it is entitled under these Terms and Conditions shall not constitute a waiver of that right or remedy and shall not cause a diminution of the obligations established under these Terms and Conditions.
Any notice required to be given pursuant to these Terms and Conditions shall be sent to the e-mail address of the relevant party set out in the Order or Acceptance Notice or such other e-mail address as either party notifies to the other from time to time. Any notice given according to the above procedure shall be deemed to have been given on the next Business Day.
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
These terms and conditions are exclusively governed by English law and the parties hereby submit to the exclusive jurisdiction of the English courts.