Covering policies relating to data protection, privacy, acceptable use, & commercial and/or contractual terms and conditions of service provision
These terms and conditions govern the policies and contracts as applies as between you, the user of this website (whether or not you are now or subsequently become a client) and Weddings By Charli, the owner of this website. This applies to our use of any and all data collected by us in relation to your use of the website as well as commercial transactions between the two aforementioned parties.
1. Definitions and Interpretation. In this document the terms shall have the following meanings:
“you”or “your” may mean the user of this website or client or both;
“us” or “we” or “our” refers to Weddings by Charli
“Data” means collectively all information that you submit to Weddings by Charli via the website, or by other communication media. This definition shall, where applicable, incorporate the definitions provided in the Data Protection Act 1998;
“Communication media” means email, social media, telephone, fax, text, in writing or by face to face meeting.
“The Company” or “company” means Weddings By Charli;
“Weddings By Charli” means the company Weddings By Charli, Stonebridge Cottage, 19 Blackburn Road, Ribchester, Preston, PR2 3ZP, contact details at foot of this page;
“UK and EU Cookie Law” means the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;
“Services” means the services provided directly by Weddings By Charli whether purchased or provided free gratis as part of a service package agreed and are subject to the terms and conditions both herein and on the contract when signed by both parties to the contract agreement;
“User” means any third party that accesses the Website and is not employed by Weddings By Charli or acting in the course of their employment – it may also mean a client but the two terms are not mutually exclusive;
“Client” is a customer of Weddings By Charli who may or may not be a user of the site but the two terms are not mutually exclusive;
“Website” means the website that you are currently using (www.weddingsbycharli.co.uk) and any sub-domains of this site (e.g. subdomain.blog.weddingbycharli.co.uk) unless expressly excluded by their own terms and conditions.
“Working day” means any day that is not a bank or public holiday in the UK or weekend.
“Cleared funds” means that the funds in payment to Weddings By Charli are cleared by the UK clearing bank and are in the company’s bank account.
“T & Cs” means these terms and conditions and the policies inherent within them.
2. Scope of this Policy and Terms and Conditions. These T & Cs, i.e. terms and conditions and inherent policies, apply only to Weddings By Charli and clients or users with respect to this website as well as commercial interactions between the company and clientele. It does not extend to any websites that can be accessed from this website including, but not limited to, any links we may provide to social media websites. Some of our online services allow you to connect with, and share content with, your contacts or friends from social networking services. These services are subject to any other terms or conditions which apply to your use of the relevant social networking services.
3. Data Collected. Without limitation, any of the following data may be collected by this website and by the company by other communication media as freely provided by the user/client from time to time:
3.2 contact information such as addresses, email addresses and telephone numbers;
3.3 demographic information such as post code, preferences and interests;
3.4 IP address (automatically collected);
3.5 web browser type and version (automatically collected);
3.6 operating system (automatically collected);
3.7 a list of URLs starting with a referring site, your activity on this Website, and the site you exit to (automatically collected)
4. Our Use of Data
4.1 Any personal data you submit will be retained by Weddings by Charli only for the purposes of completion of provision of information via the website and/or facilitation of the commercial transactions involved in provision of services from company to client for the period of time stipulated by the statute of limitations unless the company is specifically requested in writing not to do so .
4.2 Unless we are obliged or permitted by law to do so, and subject to Clause 5, your data will not be disclosed to third parties unless it is necessary in the performance of the company in the execution and delivery of a signed contract. This includes our affiliates, business partners and / or other companies within our group.
4.3 All personal data is stored securely in accordance with the principles of the Data Protection Act 1998. For more details on security see Clause 11 below.
Specifically, data may be used by us for: internal record keeping; provision of services to the client; payment by the client to the company in return for services rendered under contract; improvement of our products/services; transmission by email or other communication media of promotional materials that may be of interest to you but only if such transmission is requested, such transmission to be confidential and not by any third party unless specifically permitted by you; contact (with your prior permission) for market research purposes which may be carried out using any communication media.
5. Third Party Websites and Services
5.1 Weddings By Charli may, from time to time, employ the services of other parties for dealing with matters that may include, but are not limited to, payment processing, delivery of purchased items, search engine facilities, advertising and marketing. The providers of such services do not have access to certain personal data provided by clients or users of this Website unless authorised by the same.
5.2 Any data used by such parties is used only to the extent required by them to perform the services that Weddings by Charli requests. Any use for other purposes is strictly prohibited. Furthermore, any data that is processed by third parties shall be processed within the terms of this policy and in accordance with the Data Protection Act 1998.
7. Changes of Business Ownership and Control. Weddings by Charli may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of Weddings by Charli. Data provided by users and/or clients will, where it is relevant to any part of our business so transferred, subject to clause 7.2, be transferred along with that part and the new owner or newly controlling party will, under the terms of these T & Cs , be permitted to use the data for the purposes for which it was originally supplied to us. In this event you will be contacted in advance, informed of the changes and given the choice to have your data deleted or withheld from the new owner or controller.
8. Controlling Use of Your Data. Wherever you are required to submit Data, you will always be given options to restrict our use of that data. Such restrictions may not be lifted without your express permission. This may include the use of data for direct marketing purposes and sharing data with third parties.
10. Accessing your own Data. You have the right to ask for a copy of any of your personal data held by Weddings by Charli (where such data is held) on payment of a small fee which shall not exceed £30.00.
11. Security. Data security is of great importance to Weddings By Charli and to protect your data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected via this website or other communication media. We do not make any representations or warranties as to the security of any information (including, without limitation, debit card and other personal information) you might be requested to give to any third party.
12.2 All cookies used by this website are used in accordance with current UK and EU Cookie Law.
12.3 Before the website places any cookies on your computer, subject to sub-Clause 12.4 and/or sub-Clause 12.7, you will be presented with a pop-up message requesting your consent to set those cookies. By giving your consent to the placing of cookies you are enabling Weddings by Charli to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of cookies; however certain features of the Website may not function fully or as intended in such case.
12.4 Certain features of the website depend upon cookies to function. UK and EU Cookie Law deems these Cookies to be “strictly necessary”. Your consent will not be sought to place these cookies. You may still block these cookies by changing your internet browser’s settings.
12.5 This website uses analytics services provided by Google. Website analytics refers to a set of tools used to collect and analyse usage statistics, enabling us to better understand how users use the website. This, in turn, enables us to improve the website and the products and/or services offered through it. You do not have to allow us to use these cookies, as detailed below, however whilst our use of them does not pose any risk to your privacy or your safe use of the website it does enable us to continually improve our business.
12.7 It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.
13. Changes to this document. Weddings By Charli reserves the right to change these T & Cs as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the website and you are deemed to have accepted the T & Cs on your first use of the website following the alterations.
14. Intellectual Property Rights.
14.1 We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
14.2 You must not print off, copy, or in any way download extracts, of any page(s) from our website.
14.3 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 website must always be acknowledged.
14.4 You must not use any part of the materials on our website for commercial purposes without obtaining a licence to do so from us or our licensors.
15. Reliance on Information Posted. Commentary and other materials posted on our website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our website, or by anyone who may be informed of any of its contents.
16. Our website may change. We aim to update our website regularly, and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.
17. Our Liability
17.1 The material displayed on our website is provided without any guarantees, conditions or warranties as to its accuracy. Public liability should be insured for by the third party suppliers and/or the client. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:
17.2 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
17.3 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website, any website 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 time; and
17.4 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.
17.5 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for deceit or fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
18. Indemnity. You agree to indemnify, defend and hold harmless Weddings By Charli, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this website, your breach of the Terms and Conditions herein both expressed and implied, and any contractual services provided, notwithstanding any due restoration or recompense which cannot be excluded or limited under applicable law. This does not affect or exclude your statutory rights.
19. Viruses, hacking and other offences
19.1 You must not misuse our website 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 website, the servers on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.
19.2 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 website will cease immediately.
19.3 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 website or to your downloading of any material posted on them, or on any website linked to them.
20. Links to our website. You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
21. Links from our website. Where our website 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.
22.1 From time to time we may allow advertisers to place advertisements on this website.
22.2 Any and all such advertisements displayed on our website are published in good faith. We do not under any circumstances accept responsibility for the accuracy of such advertisements nor is any kind of warranty or endorsement expressed or implied by such publication. We specifically disclaim any liability to advertisers and users of any king of loss or damage of any nature whatsoever and however arising, whether due to inaccuracy, error, omission or any other cause, and whether on the part of us, or any other person.
22.3 The user agrees that any correspondence or business dealings with, or participation in promotions of, advertisers found on the or through our website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible for any loss or damage of any sort incurred as the result of any such advertisers on our website.
23. Copyright and Trademark Notices. All contents of this website are copyright © Weddings By Charli and/or its suppliers. All rights reserved. Weddings By Charli products and/or services referenced herein are trademarks or registered trademarks of Weddings By Charli. Other products and company names mentioned herein may be the trademarks of their respective owners.
24. Services provided. The following services are offered and provided by Weddings By Charli and are freely chosen by the client as being suitable for their needs and applicable to their budget. See also clause 29 for remote location outside England surcharge.
24.1 Face to Face Free Consultation. This applies only to the following packages: Bespoke Tailor-Made; On The Day Coordination and Full Wedding plan. Other non-standard services requested will be individually negotiated and as such may come under the heading of bespoke tailor-made. The service will be provided as per the services section of this website. If the chosen option is taken and contract signed at the same time or immediately following (same day) this free consultation, followed by a deposit appropriate to the package chosen paid (cleared funds)within 7 days, then a 10% discount will be applied on the package chosen, prior to any further discounts applicable. Note that this consultation is not intended to be a guidance session and will not supply details of suppliers or creative inspiration or guidance.
24.2 Inspiration/Guidance session. This includes an initial in-depth telephone conversation and free consultation as per clause 24.1 to establish a basis. The session will be held to inspire and guide clients or potential clients specifically indicating options for weddings. Payment is due, cleared funds, by the day prior to the attendance. If the day of attendance is a weekend or bank holiday, cleared funds may be required one working day prior. If the chosen option is taken and contract signed at the same time or immediately following (same day), or a later time and date to, this session, followed by a deposit appropriate to the package chosen paid (cleared funds) within the terms of the service chosen, then the entire cost of the session will be deducted from the final payment made against the chosen payment plan, or the payment in full, whichever is the later. The deduction will not be made from the deposit.
24.3 Supplier search. This includes both the free consultation as in 24.1 and the Inspiration and Guidance session as in 24.2. Suggestions are provided along with impartial advice. Recommendations are based on information provided by the client and do not represent a coercion or persuasion to influence what is recognised and assumed upon contract signature to be free choice on the part of the client. The cost of the session and search process must be paid by 50% deposit cleared funds by the day prior to the consultation session. If the day of attendance is a weekend or bank holiday, cleared funds may be required one working day prior. This service may be combined with the Venue search as in clause 24.4, in which case the terms and conditions apply to the combined service as though they were one or the other. If the chosen further service option is taken and contract signed at the same time or immediately following (same day), or a later time and date to, this session, followed by a deposit appropriate to the package chosen paid (cleared funds)within the terms of the service chosen, then the entire cost of the session will be deducted from the final payment made against the chosen payment plan, or the payment in full, whichever is the later. The deduction will not be made from the deposit.
24.4 Venue search. This includes both the free consultation as in 24.1 and the Inspiration and Guidance session as in 24.2. Suggestions are provided along with impartial advice. Recommendations are based on information provided by the client and do not represent a coercion or persuasion to influence what is recognised and assumed upon contract signature to be free choice on the part of the client. The cost of the session and search process must be paid by 50% deposit cleared funds by the day prior to the consultation session. If the day of attendance is a weekend or bank holiday, cleared funds may be required one working day prior. This service may be combined with the Venue search as in clause 24.3, in which case the terms and conditions apply to the combined service as though they were one or the other. If the chosen further service option is taken and contract signed at the same time or immediately following (same day), or a later time and date to, this session, followed by a deposit appropriate to the package chosen paid (cleared funds) within the terms of the service chosen, then the entire cost of the session will be deducted from the final payment made against the chosen payment plan, or the payment in full, whichever is the later. The deduction will not be made from the deposit.
24.5 Bespoke tailor-made package. This refers to a package individually designed to suit the client. It may include a selection of all or any of the service package options or combination thereof and all terms and conditions will apply as appropriate as though the service options were provided. The payment plan may be individually designed and enforcement for non- or late payment will be applied as appropriate and/or separately agreed as per the individual client contract.
24.6 Full wedding plan (all-inclusive). This includes all services detailed in clauses 24.1; 24.2; 24.3; 24.4; 24.5 and 24.7. The terms and conditions herein and in each clause apply to each and all services provided. The price will be agreed and individually negotiated according to all factors involved. The indicated 10% to 12% of budget is a guide only and will be calculated on the overall and complete budget of the wedding costs for the client and is dependent on location and number of venues. The 40% deposit cleared funds payment is due within 7 days of the hiring contract being signed; 30% due three calendar months prior to the wedding date, with the balance being paid by agreed interest-free staged payment tranches, with full cleared payment being due in any event on or before four weeks prior to the wedding date. The 5% discount for full cleared payment within 7 days of the hiring contract being signed will be applied after any other discounts applicable are applied and shall be applied to the discounted net price after such additional discounts have been applied. If the day of signing is a weekend or bank holiday, cleared funds may be required within 5 working days. The number and amount of communication by whatever media is neither fixed, restricted nor guaranteed in terms of number, time, response date or time, or duration, but a reasonableness test will apply. See clause 24.12.
24.7. On the Day Coordination. This will comprise a consultation to take place ideally but not necessarily at least 4 weeks prior to the wedding date and will be individually agreed according to circumstances and client requirements. The company’s decision is final regarding appropriate period prior. All service details included will be individually negotiated and will decide the price applicable which will be agreed prior to signing of the hiring contract. The cleared funds payment is due within 7 days of the hiring contract being signed. If the day of signing is a weekend or bank holiday, cleared funds may be required within 5 working days. The number and amount of emailed communication by whatever media is neither fixed, restricted nor guaranteed in terms of number, time, response date or time, or duration, but a reasonableness test will apply. See clause 28. The liaison with the suppliers and/or venues will be liaison only for purposes of logistics and no additional costs will be agreed without prior consultation with, and agreement by, the client. Unreasonable non-cooperation on the part of any supplier or venue already booked or agreed separately by the client will not be the fault of the company and the company takes no responsibility for that or any other decisions or events that occur or are caused by any third parties, or consequential decisions or events or costs thereof. The term on the day attendance will mean from a time on the morning of the day agreed in advance between company and client until a time similarly agreed for completion of services agreed. If the hiring contract extends to the end of the wedding, be it in the evening or early hours of the following day, as applicable and appropriate or necessary for fulfilment of the company’s obligations, a surcharge on top of the agreed price will apply.
24.8 Other events. These are too varied and numerous to list herein and the list in the services section is not to be considered restrictive or exhaustive. The terms and conditions will apply as appropriate as contained here within this document and none are to be considered non-applicable. If the event serviced is part of an overall full or partial bespoke wedding package the costs will be built into and included therein. The services supplied will be individually designed, planned, costed and agreed by the client. If it is a stand-alone event, an initial consultation will be carried out and suggestions made and agreed individually according to client requirements. Suggestions are provided along with impartial advice. Recommendations are based on information provided by the client and do not represent a coercion or persuasion to influence what is recognised and assumed upon contract signature to be free choice on the part of the client. The cost of the research, preparation process and/or any attendance must be paid by 50% deposit cleared funds by the day prior to the consultation session. If the day of attendance is a weekend or bank holiday, cleared funds may be required one working day prior. This service may be combined with the wedding plans as detailed above.
25 Non-performance by the client. If the client does not perform with regard to their responsibilities under the contract, whether that be by a decision by the client in writing to end the contract for whatever reason, withholding information, payment due, lack of cooperation or communication or undue delay in responding to queries, excessive communication in breach of the reasonableness test as in clause 24.12 or any other unreasonable actions or non-actions in breach of the contract, then the company reserves the right to cancel the contract with due notice not exceeding 4 weeks and all deposits paid or stage payments made are non-refundable. This does not affect the client’s statutory rights.
26. Non-performance by the company. All risks will be identified as far as possible in the risk assessment carried out as part of the services provided (other than the initial free consultation). Clients will be advised to take out appropriate insurance if they are concerned about any identified or unidentified risks, notwithstanding clauses 24.9 and 24.11. In the event of illness or accident, vehicle breakdown or force majeure (this list is not exhaustive) affecting company personnel or execution of their services which may affect the client contract, every effort will be made in reparation of the same with mutually agreed alternative arrangements. Should there be an unavoidable non-performance by the company owing to illness, accident, force majeure (this list is not exhaustive) or other any other risk whether uninsurable or not, all deposits and payments made will be returned to the client less a 20% administration and partial performance charge within 4 weeks of the contract breakdown. It is the responsibility of the client to set in place an appropriate wedding insurance to cover all consequential risks and costs associated with this eventuality and the client holds the company indemnified heretofore as per clause 18. The client should note that they must declare to their insurance company any refunds made to the client by the company and not include the amounts refunded in any subsequent claim. This does not affect the client’s statutory rights.
27. Non-performance by a third party. In the event of a non-performance by a third party, including, but not limited to, venue unavailability after booking (for whatever reason be it accident, double booking, dissolution or misrepresentation on their part); caterer unavailability or other non-performance on the day of the wedding or event (for whatever reason); transport unavailability (for whatever reason) or any other supplier or third party to the contract the company shall not be held responsible in anyway nor be liable for compensation for loss, damages or costs arising and the client shall hold the company indemnified heretofore as per clause 18. All deposits paid or stage payments made are non-refundable. This does not affect the client’s statutory rights.
28. Reasonableness test. This (otherwise known as excessive usage or unreasonable expectation) shall be applied should the client expect such actions that could be deemed unreasonable by the courts in the service of the contract, including, but not limited to, the communication by whatever media of number, time, response date or time, frequency or duration. Excessive expectation cannot be defined herein as it shall vary from time to time and with different services, but as an example contact demanding response more than twice a day every day for no good reason would be considered excessive. The company reserves the right to request a cease and desist notice and failing that clause 24.9 will apply.
29. Remote location surcharge. The company reserves the right to request and apply a remote location surcharge should any of the service packages be required in a location that is considered remote, or difficult and/or costly to access. This only applies to locations outside England. A small but reasonable contribution to travel costs will be required, individually negotiated and agreed and applied to the service costs, or in the case of the free consultation, paid as cleared funds the day before the session. If the day of attendance is a weekend or bank holiday, cleared funds may be required one working day prior.
30. Payment. Payment can be made by cheque, cash, bankers draft, BACS, CHAPS or Paypal. Currently, we do not accept credit cards.
31. Cleared Funds. This means when the UK clearing banks have deposited and cleared the fund in the company account. The timescales vary between banks and between building societies and must be established by the client prior to booking any service and considering the payment terms for that service.
32. Late payment. Late payment of a deposit, balance or tranche of a staged payment arrangement may attract interest at the rate of 8% over the Bank of England base rate applicable at the time, interest annualised and applied daily on the outstanding balance due from the date it was originally due to be paid. In the case of a supplier or venue search or any instance of provision of service by or on behalf of the company prior to payment being due under whichever contract, package, bespoke service or payment plan agreed thereof, late payment will result in the interest being applied. The company may waive the interest payment after due consideration of client circumstances.
33. Non-payment . The company reserves the right to withdraw products/service and cancel the contract in the event of non-payment of agreed deposit or service payment. In the case of non-payment of a tranche of a staged payment arrangement, deposits paid by the client in this event are non-refundable. All reasonable steps will be made by the company to take account of client circumstances and negotiation will always be attempted prior to cancellation of contract. In the case of a supplier or venue search or any instance of provision of service by or on behalf of the company prior to payment being due under whichever contract, package, bespoke service or payment plan agreed thereof, with no reasonable explanation for the same being forthcoming, non- payment will result in the interest being applied, appropriate costs and fees added and the debt will be pursued through the small claims court. In certain circumstances the company may accept the intervention of a civil mediator registered with the Civil Mediation Council. The company may waive the interest payment after due consideration of client circumstances. Any reasonable dispute claim to explain and defend non-payment must be received in writing by the company within 7 days of receipt of the product/service by the client. This does not preclude action by the company for non-payment as outlined above. The laws in Scotland differ with regard to court action and all action will be taken under English law jurisdiction as per clause 36. In the case of non-payment all product/service information supplied to the client remain as company property until payment is made in full.
37. Specific requests. If you wish to make any use of material on our website other than that set out above, or have a specific request not covered by these terms and conditions, please address your request to email@example.com or by using other contact details set out below.
HOW TO CONTACT US
All comments, concerns, queries and requests relating to this website or the material contained in it, services provided or contracted to be provided, or our use of your information are welcomed and should be addressed to firstname.lastname@example.org. Tel 07718751586 or in writing to Weddings By Charli, Stonebridge Cottage, 19 Blackburn Road, Ribchester, Preston, PR3 3ZP.
© Weddings By Charli These Term and conditions were last updated August 2014