1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
(a) Event Outside Our Control: is defined in clause 8.2;
(b) Order: your order for the Services;
(c) Services: the services that We are providing to you in connection with advice regarding the personal statement sent to Us as part of the Order;
(d) Terms: the terms and conditions set out in this document; and
(e) We/Our/Us: Gary Walker t/a Pinnacle Personal Statements of 65 Cannon Street, St Albans, Hertfordshire, AL3 5JR, United Kingdom.
1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
2. Our contract with you
2.1 These are the terms and conditions on which We supply Services to you.
2.2 Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you submit the Order. If you think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.
2.3 When you submit the Order to Us, this does not mean We have accepted your order for Services. Payment must be made at the time you submit the Order but Our acceptance of the Order will take place as described in clause 2.4. If We are unable to supply you with the Services, We will inform you of this in writing, We will refund the payment made to Us in full and We will not process the Order.
2.4 These Terms will become binding on you and Us when We contact you to say that We are able to provide you with the Services, which We will also confirm in writing to you, at which point a contract will come into existence between you and Us.
2.5 You should print a copy of these Terms or save them to your computer for future reference.
2.6 These Terms, and any contract between us, are only in the English language.
2.7 You may only place and Order with us if you are at least 18 years old. If you are under 18 years old, please ask someone who is over 18 years old to place the Order for you.
2.8 You can only pay for and Order using Paypal.
2.9 If any of these Terms conflict with any term of the Order, the Order will take priority.
2.10 Please quote your name and Paypal ID in all correspondence with Us relating to the Order.
3. Changes to order or terms
3.1 We may revise these Terms from time to time as We see fit by amending this page.
3.2 Please check this page from time to time to take notice of any changes We made, as they are binding on you.
3.3 If We have to revise these Terms under clause 3.1, We will give you at least one month’s written notice of any changes to these Terms before they take effect and You can choose to cancel the contract in accordance with clause 9.
3.4 You may make a change to the Order for Services by sending us a request in writing as long as we have not already fulfilled the Order either in whole or in part. We will respond to your request in writing as soon as is reasonably practicable following receipt of the request.
3.5 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 9.
4. Providing services
4.1 We will supply the Services to you in accordance with the timeframe set out in the written confirmation you receive when you have placed the Order.
4.2 We will use our reasonable endeavours to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 8 for Our responsibilities when an Event Outside Our Control happens.
4.3 We will need certain information from you that is necessary for Us to provide the Services, for example, information about your educational qualifications and university applications. If you do not, after being asked by Us, provide Us with this information, or you provide Us with incomplete or incorrect information, We may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to Us after We have asked. If we suspend the Services under this clause 4.3, you do not have the right to a refund of any sums paid to Us by You in respect of the relevant Order.
4.4 We may have to suspend the Services if We have to deal with technical problems. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency.
5. If there is a problem with the services
5.1 In the unlikely event that you consider there to be any defect with the Services:
(a) please contact Us and tell Us as soon as reasonably possible; and
(b) please give Us a reasonable opportunity to repair or fix any defect.
5.2 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office if you are in the United Kingdom. Nothing in these Terms will affect these legal rights.
6. Price and payment
6.1 The price of the Services will be set out in Our price list in force at the time We confirm your Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you.
6.2 Where We are providing Services to you, We will ask you to make an advance payment of the cost of the Services. Your rights to a refund on cancellation are set out in clause 9.
7. Our liability to you
7.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage are foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract.
7.2 We only supply the Services for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.3 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
8. Events Outside Our Control
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
8.2 An Event Outside Our Control means any act or event beyond Our reasonable control.
8.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
8.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Services. Please see your cancellation rights under clause 9. We will only cancel the contract if the Event Outside Our Control continues for longer than 2 weeks in accordance with Our cancellation rights in clause 9.
9. Your rights to cancel and applicable refund
9.1 You agree that provision of the Services may commence at any time after We have accepted the Order and that you will not have a right to cancel the Order under regulation 10 of the Consumer Protection (Distance Selling) Regulations 2000 once the performance of the Services has begun and the Order has been fulfilled in whole or in part.
9.2 Before We begin to provide the Services, you have the following rights to cancel an Order for Services, including where you choose to cancel because We are affected by an Event Outside Our Control or if We change these Terms under clause 3.1 to your material disadvantage:
(a) You may cancel any Order for Services at any time before We have fulfilled the Order (either in whole or in part) by contacting Us in writing. We will confirm to you in writing whether or not we have fulfilled the Order (either in whole or in part) as soon as is reasonably practicable following receipt of the requested cancellation.
(b) If we accept your cancellation of an Order under clause 9.2(a) and you have made payment in advance for Services that have not been provided to you, We will refund these amounts to you in full.
(c) If we do not accept your cancellation of an Order under clause 9.2(a) because we have fulfilled the Order (either in whole or in part), no refund will be made to you.
(d) However, where you have cancelled an Order because of Our failure to comply with these Terms (except where We have been affected by an Event Outside Our Control), We will refund the payment made to Us in full.
9.3 Once We have begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving Us written notice if:
(a) We break this contract in any material way and We do not correct or fix the situation within 7 days of you asking Us to in writing;
(b) We change these Terms under clause 3.1 to your material disadvantage; or
(c) We are affected by an Event Outside Our Control.
10. Our rights to cancel and applicable refund
10.1 We may have to cancel an Order before the Order has been fulfilled, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide the Services. We will promptly contact you if this happens.
10.2 If We have to cancel an Order under clause 10.1(a) and you have made a payment in advance for Services that have not been provided to you, We will refund these amounts to you in full.
10.3 We may cancel the contract for Services at any time with immediate effect by giving you written notice if:
(a) you do not pay Us when you are supposed to; or
(b) you break the contract in any other material way and you do not correct or fix the situation within 7 days of Us asking you to in writing.
11.1 The Services provided are limited to being advice provided by Us as to how to improve your personal statement in our reasonable opinion. They are provided for information only, and are not to be relied upon by you for any other purpose.
11.2 We make no guarantee whatsoever as to whether or not the application(s) to which the personal statement relates will be successful.
11.3 We provide the Services in reliance solely upon the personal statement and information that you provide us with. We are entitled to assume that all such information, including the information contained in the personal statement provided to us, is true, complete, accurate and not defamatory.
12. Information about us and how to contact us
12.1 We are a sole trader in England and Wales. Our address is 65 Cannon Street, St Albans, Hertfordshire, AL3 5JR, United Kingdom.
12.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning +44(0)7815187528 or by e-mailing Us at firstname.lastname@example.org.
12.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail to email@example.com. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail to the address you provide to Us in the Order.
13. How we may use your personal information
14. Use of our site
15. Other important terms
15.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
15.2 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
15.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.4 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
15.5 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.