Terms and conditions

Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

Reliance On Information Posted & Disclaimer

the Materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.

We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from use of this site.

Information about us

www.eessolutions.com is a site operated by EES Solutions KMD Limited we are a company registered in England and Wales under registration number 5849082. Our registered office is 8 Helston Close, Tamworth, Staffs B79 8SH. Our VAT number is 936 6566 82.

Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. 

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors)  as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Our site changes regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Our liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Information about you and your visits to our site

We process information about you in accordance with our privacy policy.   By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  When accessing a site via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information. 

Jurisdiction and applicable law

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site. 

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Trade marks

EES Solutions is a UK registered trade mark of EES Solutions KMD Limited.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Thank you for visiting our site.

EES Solutions KMD Limited Standard Trading Terms and Conditions

EES Solutions KMD Limited Registered number 5849082 (EESSL) whose principal place of business is 8 Helston Close, Tamworth. Staffordshire. B79 8SH, the “supplier”;

The agreed terms are 30 days unless otherwise agreed in writing with the client, i.e., payment of fees shall be made within 30 days of receipt in arrears by Bank Automated Credit against an invoice issued by the supplier together with value added tax thereon (if properly payable) against the value added tax invoice.

  1. The Client hereby agrees & acknowledges that at the absolute discretion of the Supplier, an account keeping fee of 2% per month will be levied on any or all amounts in default of the agreed trading terms.
  2. The Client further agrees to indemnify the Supplier for any legal costs incurred by the Supplier (including but not limited to charges& commission charged by mercantile agents) in respect of this application, agreements, personal guarantees, securities given or other documentation required whilst credit is being offered in consequence of this application, and the Client further agrees to indemnify the Supplier for any dishonoured cheque fees incurred and in the event that the Client’s account is in default of the agreed trading terms to indemnify the Supplier against its collection fees & legal costs.
  3. These Trading Terms and Conditions apply to all transactions from which the Client is supplied services on credit. If any future contract between the Supplier & the Client is inconsistent with these Trading Terms and Conditions, then these Trading Terms and Conditions will apply unless the subsequent contract refers to and specifically alters these Trading Terms and Conditions in writing.
  4. CONFIDENTIAL INFORMATION. The supplier or its employees will not at any time divulge to any person nor will he/she use his/her own or another’s benefit or advantage any of the data, information and documents or any confidential information of the customer. Any data, information, designs or documents developed or produced by the supplier for the client shall be the property of the client and shall not be disclosed to a third party without the expressed instruction of the client. The provision of this clause will continue in full force and effect notwithstanding the termination of this agreement and will continue to apply after termination of this agreement.
  5. INSURANCE. The supplier does not agree to provide indemnity or liability insurance where the services supplied by the supplier are to the expressed design requirements of the client. In this case the client agrees that they will undertake absolute design sign-off and indemnify the supplier against any claims that the design was not fit for purpose. The Client acknowledges that insurance of all services are the responsibility of the Client unless otherwise agreed in writing.
  6. INTELLECTUAL PROPERTY RIGHTS (IPR). Where the client retains full design authority and engages the supplier to provide funded services on behalf of the client then all IPR developed in the implementation of that service remains the property of the client. However, in the event that the supplier enters into a contract with the client whereby the supplier owns background IPR in the same domain then any new foreground IPR is to be shared by both the client and the supplier.  All background IPR shall be declared by the supplier during the quotation stage or at any event in advance of contract award.
  7. Should there be any variation to any of the information supplied by the Client in this application or in the structure of the Client’s business the Supplier shall be notified in writing. Until a new Commercial Credit Application form is signed and approved in writing by the Supplier, then the original Commercial Credit Application and those person(s) who signed as guarantor(s) shall remain liable to the Supplier as though all services were supplied to the original customer.
  8. The Supplier reserves the right to amend these trading terms provided such amendments are conveyed to the Client in writing. The Client further acknowledges that such writing will be by ordinary mail to the address set out in the Commercial Credit Application, unless the Client advises in writing to the Supplier a new address, and this new address is acknowledged by return in writing by the Supplier.
  9. The Supplier shall be entitled at any time to assign its rights under this Commercial Credit application to its successors, nominated transferees or assigns (including but not limited to, where applicable personal guarantees), and that these Trading Terms and Conditions shall not be in any way affected or discharged pursuant to such an assignment.
  10. ACCESS TO SITE. The Client is responsible to ensure suitable access to the site as required for the supplier to supply the purchased services. The Client further indemnifies and saves harmless the Supplier, and or it’s servants or agents against any loss or damage, in the event the Supplier fails to provide suitable access to site for unhindered supply of the purchased services, and or whilst on site working.
  11. PRICE. All services are sold at the price agreed at the time of contract negotiation but in any event prior to acceptance of the Client Purchase Order.
  12. SETTLEMENT DISCOUNT. Where settlement discount applies, no settlement discount will be approved unless all account money(ies) is/are paid within the agreed trading terms.
  13. PAYMENT. The Client expressly acknowledges that at the absolute discretion of the Supplier, the Client may be required to execute an authority to the Client’s Bank authorizing a direct debit from the Client’s Bank account, to the Supplier for all sums due on a two weekly, four weekly or monthly basis as agreed at time of contract award. The authority will be irrevocable without the express written consent of the Supplier.
  14. CANCELLATION OF SERVICES ORDERED. In the event the Client elects to cancel services on order then the Client agrees to provide four weeks of notice of termination, in writing. The Supplier at its absolute discretion reserves the right to charge a 10% cancellation fee on the amount involved.
  15. DISPUTE RESOLUTION. In the event of dispute both the client and the supplier agree to enter into resolution discussions. If these prove to be ineffective then an agreed mediation route shall be identified. In all cases litigation shall be a route of last resort.
  16. JURISTICTION The Client acknowledges that the Laws of the United Kingdom of Great Britain of Northern Ireland shall govern this contract, and the Customer hereby agrees to submit to the non-exclusive jurisdiction of the Courts of England.