TERMS & CONDITIONS FOR DELIVERY OF UK TRADE & INVESTMENT OVERSEAS MARKET INTRODUCTION SERVICE ("OMIS")

 

1. THE OMIS SERVICE

1.1 Test The Overseas Market Introduction Service ("OMIS") is delivered via www.services.ukti.gov.uk (the "Website") and is provided by UK Trade & Investment ("UKTI"), of 1 Victoria Street, London SW1H 0ET, the Non Ministerial Department that brings together the work of the Department of Business, Innovation and Skills ("BIS") and the Foreign and Commonwealth Office ("FCO"). For the purpose of these terms and conditions the contract you will enter into will be made between you and the Secretary of State for Business, Innovation and Skills acting through UKTI.

1.2 Your use of OMIS is subject to these terms and conditions ("the Terms"). Please read these carefully before accepting UKTI's offer to provide you with OMIS (as described in the Quote) that you have agreed with our overseas teams based in the Commercial Sections of British Embassies, Consulates and High Commissions around the world and in China with the China-Britain Business Council (the "Quote"). Such an acceptance will create a legally binding agreement between you and us ("the Order").

1.3 In these Terms the expressions 'we', 'us' and 'our' refer to UKTI. Where appropriate UKTI may choose to provide OMIS through the auspices of Scottish Development International ("SDI"), the Welsh Government ("WG") or Invest Northern Ireland ("INI") (in which case the identity of the provider will be set out in the order). The expressions 'you' and 'your' in these Terms refer to you, our customer.

2. DESCRIPTION OF OMIS

2.1 The service we deliver to you will consist of a variety of activities (for example market research, identifying specific overseas commercial contacts or in-market support) intended to achieve the outcome described in the Quote ("the Service").

3. CHARGES

3.1 Our charges for the Service (which you agree to pay) (the "Charges") are as set out on your payment page on the Website (which you can access at any time using the login and password we have given you) and in the Quote.

3.2 The Charges are exclusive of value added tax which where applicable will be payable by you at the prevailing rate.

3.3 You will have identified which method of payment you wish to use to pay the Charges. An invoice for the Charges is available to you on your Website page and can be printed from the page.

3.4 You agree to pay for the Service in full within 30 days of invoice (unless we agree a longer period with you in writing, for example where there is an unusually long lead time).

3.5 Payment for the Service can be made by the following methods:

3.5.1 Credit or Debit Card

You can make payment online at www.services.ukti.gov.uk (the Website uses high level SSL encryption technology.) You will require your login and password to access the order to make payment.

3.5.2 Cheque

Cheques should be made payable in sterling for the full amount detailed on the invoice to "UK Trade & Investment". The cheque should be returned to your UKTI, SDI, WG or INI office detailed on the invoice.

3.5.3 Bank Transfer

Payment by bank transfer must be made in sterling for the full amount stated on the invoice to UKTI’s bank account at Royal Bank of Scotland (RBS) - Account Name: UKTI OMIS Service; Account Number: 10014187; Sort Code: 60-70-80; SWIFT: NWBKGB2L and IBAN: GB57NWBK60708010014187

You agree to pay any bank charges incurred with this transaction. You must quote the invoice number shown on the invoice when arranging the payment and must send a copy of the Payment Remittance Advice which must show the payment reference to your UKTI, SDI, WG or INI office detailed on the invoice.

3.6 A VAT invoice will be available on your Website page after your payment has been received (and cleared if necessary). The VAT receipt can be printed from this page.

4. NON-PAYMENT

4.1 If we have not received full payment after 30 days from the issue of the invoice (or such other date as has been agreed in writing), we will begin action to recover the non-payment. In addition, we may at our absolute discretion withdraw your access to all UKTI services (not limited to OMIS) until payment is received in full (including any interest to which UKTI is entitled in respect of late payments).

5. DELIVERY OF THE SERVICE

5.1 Prior to you having accepted the Quote (including signifying your agreement to these Terms) you will have registered or have been registered with the assistance of a member of UKTI, SDI, WG or INI (as appropriate) to use the service. You will receive a confirmation email confirming your account registration enabling you to access the Website.

5.2 You hereby agree to inform us immediately of any changes to the information provided by you at the time you registered. You can also update your details by logging on to the website using your login and password and selecting 'My Account'.

5.3 Your Order will be given a unique reference which should always be quoted in correspondence.

5.4 Before accepting your Quote you must read and indicate that you have read and accept our Terms by ticking the box 'I accept the OMIS Terms and Conditions'. You should accept the Quote by selecting 'Accept Quote' and the Charges by selecting 'I accept the Charges' on your Website page. On acceptance a legally binding contract (incorporating the Terms) will be made ("the Order").

5.5 You can view your Quote at any time by logging on to your page of the Website using your unique log in login and password.

5.6 Once UKTI has received your acceptance it will begin work to deliver the Order in accordance with the Quote. UKTI will deliver the Service by the date agreed in the Quote and on receiving payment of the Charges in full.

6. YOUR RIGHT TO CANCEL

6.1 At any time before you click the "Accept" button on your page of the Website to accept your Quote and Charges you may cancel the Quote without incurring any liability to us by contacting us in writing. Written notice of cancellation should be sent to your UKTI, SDI, WG or INI office, details are available on your order page of the Website.

6.2 After you have clicked to accept the Quote and an Order has been created you may still give us written notice to cancel the Order by writing to the UKTI, SDI, WG or INI office (as specified on your page of the Website) within 14 days of acceptance of the Order. We will be entitled to charge you for any work we have carried out in readiness for delivering the Service and, if you have paid in advance, we are entitled to deduct this from any money we hold before refunding the remainder.

7. CROWN COPYRIGHT

7.1 Content featured on the Website and in the Quote is subject to Crown Copyright protection unless otherwise indicated.

7.2 Under the terms of the Open Government Licence (and subject to clause 7.3 below) apart from the UKTI name, logo and get up (including our coat of arms) you may use and re-use the Crown Copyright material included on the Website free of charge and in any format or medium.

7.3 If you do re-use any Crown Copyright material from the Website you must acknowledge the source with the following attribution:

"This information is provided by UK Trade & Investment and used as permitted by the Open Government Licence v2.0"

For more information about the Open Government Licence please follow this link

http://www.nationalarchives.gov.uk/doc/open-government-licence/version/2/

Any enquiries regarding the use and re-use of Crown Copyright material should be sent to psi@nationalarchives.gsi.gov.uk.

7.4 Neither the name UK Trade & Investment (nor the acronym UKTI) or any logo, get up and coat of arms used by UKTI may be used by you without our prior written approval. Requests for permission to reproduce such items should be sent to ukti.webmaster@ukti.gsi.gov.uk. Please tell us how and why you wish to use our name or logo(s) and include your contact details.

7.5 Any material that we produce for you in the course of delivering the Service will be Crown Copyright. The permissions and restrictions on its use set in clauses 7.2 to 7.4 will apply to such material.

8. HYPERLINKING

8.1 Subject to observing the rules on Crown Copyright outlined in clause 7, you can create hyperlinks on your own website(s) that lead directly to pages hosted for UKTI without asking our permission. However in creating and maintaining any such hyperlink you must not imply endorsement of your site or your organisation by UKTI. We do not permit our pages to be loaded into frames on your site – the UKTI pages must load into the user's entire window.

8.2 You acknowledge and agree that we have no responsibility for the content or reliability provided by websites to which you may link from our site. Links to these sites do not constitute an association with us or our endorsement of the content, products, services, advertising or other materials presented on such sites. We have no control over these sites and do not edit or monitor them. You acknowledge and agree that we are not responsible or liable, directly or indirectly, from any damage, loss or cost caused or alleged to be caused by or in connection with your use of or reliance upon the content of any such hyperlinked site.

9. PRIVACY AND DATA PROTECTION POLICY

9.1 We will process any personal data you provide to us in accordance with the Data Protection Act 1998 and will also comply with the Privacy and Electronic Communications (EC Directive) Regulations 2003. Under this legislation, we have a legal duty to protect any information we collect from you. We use leading technologies and encryption software to safeguard your data, and keep strict security standards to prevent any authorised access to or disclosure of it.

9.2 Before registering at the Website you have already reviewed and accepted our Privacy & Cookie Policy at http://www.ukti.gov.uk/uktihome/privacypolicy.html and this will continue to apply whenever you access the Website or any other UKTI website used to deliver the Service.

9.3 The Website uses a session cookie that stores a unique identifier used for authenticating your login details as you move around the site. The cookie is automatically deleted from your PC when you leave the site.

10. CONFIDENTIALITY

10.1 Material provided by you to UKTI or to its representatives and designated in writing by you as confidential will be used solely for the purpose for which it is provided. Other than where required by the order of a court or other competent authority or where we think it is necessary under the Freedom of Information Act 2000 or the Environmental information Regulations 2004 we will not disclose any of your confidential information to any other person without your prior written consent.

11. VIRUS PROTECTION

11.1 We will make every effort to check and test the material we make available for you to access or download whilst we are providing you with the Service. You acknowledge and agree that you will run an appropriate anti-virus programme on all materials downloaded from the internet, including from the Website. We cannot accept responsibility for any loss, disruption or damage to your data or your computer system which may occur as a result of using material derived from the Website.

12. COMPLAINTS AND REFUNDS

12.1 If you wish to lodge a complaint or believe that a refund of any Charges is due you must contact the UKTI, SDI, WG or INI office that dealt with your registration and they will consider the request. Details of your local office can be located by logging in to your page on the Website.

12.2 Refunds against the Service delivered are made at the discretion of UKTI. A request for a refund must be submitted within three months of the delivery of the final activity agreed in the Quote.

12.3 Refunds are considered for a number of reasons which you should first discuss with your UKTI, SDI, WG or INI office. Refunds will be considered under the following circumstances –

• when you have paid for the Service in advance of delivery and the Service is not subsequently delivered by us;

• where we agree that all exhaustive measures have been taken and we consider that inadequate information or poor quality of service was delivered;

• where we agree that all exhaustive measures have been taken and we consider that the delivered Service did not meet the work agreed in the Quote.

12.4 Once the refund request has been forwarded to us, it will be assessed to determine whether it qualifies for either a full or partial refund. The decision will be based on information supplied from you, the UKTI, SDI, WG or INI office supporting you and the overseas team responsible for the delivery, or purported delivery of the Service.

12.5 Payment of refunds on orders paid by credit or debit card will be made direct to your card. All non-card payments will be refunded by BACS and you agree to provide us with the information we will need to affect the necessary transfer.

12.6 If after discussing your case with your local UKTI, SDI, WG or INI office, you are still dissatisfied with the service received, you can send your comments to the Head, Commercial Development Unit, UG Abbey 2, 1 Victoria Street London SW1H 0ET or alternatively use our online feedback form on the UKTI website www.ukti.gsi.gov.uk.

13. DISCLAIMER

13.1 Nothing in this clause 13 shall limit or exclude our liability for death or personal injury caused by our negligence or the negligence of our employees or agents.

13.2 We will provide you with the Service using reasonable care and skill.

13.3 We will make every effort to ensure that information provided by us is accurate but we accept no liability for any errors, omissions or misleading statements in such information and accept no responsibility as to the standing of any firm, company or individual mentioned in any material we produce in the course of providing you with the Service. If you are interested in developing a business relationship with any company referred to in the material delivered as part of the Service you should undertake your own due diligence and should not consider a reference by us to be an endorsement by UKTI of any goods, services or company or other organisations mentioned.

13.4 We shall have no liability to you if our inability to provide any of the Service detailed in the Quote arises due to any act, omission or failure by you preventing us from doing so.

14. AMENDMENTS TO THESE TERMS

14.1 We reserve the right to amend the Website and these Terms from time to time at our discretion. Where these Terms are altered we will notify you by email that an amended version is available on the Website for you to read. Your right to cancel this Order in accordance with clause 6 of the Terms will apply should you be unwilling to accept the amended Terms. Unless you cancel the Order within 14 days of our email notification you will be deemed to have accepted the amended Terms.

15. ENTIRE AGREEMENT

15.1 The Website, the Quote and these Terms constitute the entire agreement between us and you. You acknowledge that you have not relied on any statement, promise or representation made by us or given on our behalf which is not set out in one of those places.

16. FORCE MAJEURE

16.1 In these Terms a "Force Majeure Event" means an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of our suppliers or subcontractors.

16.2 We shall not be liable to you as a result of any delay or failure to perform the Service as a result of a Force Majeure Event.

16.3 If the Force Majeure Event prevents us from providing any of the Service for more than four weeks, either you or we may terminate the Order by written notice to the other. In the event that this happens we will refund any Charges paid by you in advance for any part of the Service that we have been unable to complete as at the date we give notice.

17. LAW AND JURISDICTION

17.1 Governing law and jurisdiction: This Order and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.