Terms and Conditions
This page together with the documents expressly referred to on it tells you information about us and the legal terms and conditions ("Terms") on which we sell any of the services ("Services") listed on our websites to you.
These Terms will apply to any contract between us for the provision of Services to you ("Contract"). Please read these Terms carefully and make sure that you understand them, before subscribing for any Services from our Sites (defined below). Please note that before subscribing for our services you will be asked to agree to these Terms.
Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to subscribe to any of the Services from our Sites.
We may amend these Terms from time to time as set out in clause 5.
You (“You”, “Your”), confirm that you are acting in the course of a trade, business or profession.
These Terms, and any Contract between us, are only in the English language.
1 INFORMATION ABOUT US
We operate the website www.easy-mcs.com and supporting websites www.mcsaccredited.com, www.mcssupport.co.uk, www.mcsseminars.com and www.easymcsacademy.com (the “Sites”). We are Qualitick™ Limited trading as Evergreen Energy (“We”, “Our” “Us”), a company registered in England and Wales under company number 7130108 and with our registered office at The Edge Business Centre, The Edge, Manchester, M3 5NA.
2 PROVIDING SERVICES
2.1 We will supply the Services to you from the date you subscribe for Services either by telephone or on our Sites for a period of 12 months (“Term”) after which the Contract with Us will automatically renew for another Term unless you provide us with written notice to terminate the Contract at least 30 days prior to end of the Term (“Termination”). Such termination shall take effect at the end of the Term.
2.2 On Termination You are not entitled to any refund from Us.
2.3 We will not be liable for any delay or non-performance where you have not provided any information that we have requested after we have asked for it.
2.4 We may have to suspend the Services if We have to deal with technical problems, or to make improvements to the Services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency.
2.5 If you do not pay Us for the Services when you are supposed to as set out in clause 3, We may suspend the Services with immediate effect until you have paid Us the outstanding amounts. We will contact you to tell you this.
3 PRICE AND PAYMENT
3.1 Applications can be completed online or by telephone. In line with compliance regulations from the PCI Security Council, We do not accept application forms via email, post or fax.
3.2 The price of the Services will be communicated to you when you sign up to receive the Services. Our prices may change at any time, but price changes will not affect orders for Services that you have already made payment for.
3.3 These prices exclude VAT although VAT is charged. If the rate of VAT changes between the date of the Order and the date of performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
3.4 We will take payment annually in advance for the Services. We accept payment by debit or credit card. By providing Your credit or debit card details, you authorise us to take payment from the associated account and to enter into a continuous payment authority. Under that authority, You agree that We may take payment for the Price from time to time as agreed. Information regarding continuous payment authorities is annexed to these terms and conditions in a document entitled “Continuous Payment Authority Information”. Please read this document carefully before entering into the Contract.
4 COOLING OFF PERIOD
4.1 Subject to clause 4.2 our Services are subject to a standard 7 working day cooling off period if you change your mind or for any other reason you decide you do not want to use the Services, you can notify us of your decision to cancel the Contract and receive a refund.
4.2 However, this cancellation right does not apply if:
4.2.1 the Services have been used by You in any capacity;
4.2.2 if training materials have been dispatched to You; or
4.2.3 if a training course is less than 3 weeks away from the date you contact us to cancel the Contract pursuant to clause 4.4.
4.3 Your right to cancel the Contract for Services starts from the date payment is taken by Us for provision of the Services.
4.4 To cancel a contract for Services, please contact us in writing to tell us by sending an e-mail to enqui[email protected] or by sending a letter to Easy MCS, Viscount House, River Lane, Chester, CH4 8RH. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
4.5 You will receive a full refund of the price you paid for the Services. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 4.4.
4.6 We refund you on the credit card or debit card used by you to pay.
5 OUR RIGHT TO VARY THESE TERMS
5.1 We may revise these Terms from time to time in the following circumstances:
5.1.1 changes in how we accept payment from you; and
5.1.2 changes in relevant laws and regulatory requirements.
5.2 Every time you subscribe for Services from us, the Terms in force at that time will apply to the Contract between you and us.
5.3 Any changes we may make to our policies in the future will be posted on this page. Please check back frequently to see any updates or changes to our Terms.
6 INFORMATION WE MAY COLLECT FROM YOU
6.1 We may collect and process the following data about you:
6.1.1 Information you give us. You may give us information about you by filling in forms on our Sites or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our Sites, subscribe to our services, and when you report a problem with our Sites. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph.
6.1.2 Information we collect about you. With regard to each of your visits to our Sites we may automatically collect the following information:
184.108.40.206 technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
220.127.116.11 information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our Sites (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
8 USES MADE OF THE INFORMATION
8.1 We use information held about you in the following ways:
8.1.1 Information you give to us. We will use this information:
18.104.22.168 to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
22.214.171.124 to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
126.96.36.199 to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please contact us in writing with such request;
188.8.131.52 to notify you about changes to our service; and
184.108.40.206 to ensure that content from our Sites is presented in the most effective manner for you and for your computer.
8.1.2 Information we collect about you. We will use this information:
220.127.116.11 to administer our Sites and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
18.104.22.168 to improve our Sites to ensure that content is presented in the most effective manner for you and for your computer;
22.214.171.124 to allow you to participate in interactive features of our service, when you choose to do so;
126.96.36.199 as part of our efforts to keep our Sites safe and secure;
188.8.131.52 to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
184.108.40.206 to make suggestions and recommendations to you and other users of our Sites about goods or services that may interest you or them.
9 DISCLOSURE OF YOUR INFORMATION
9.1 We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
9.2 We may share your information with selected third parties including:
9.2.1 Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you;
9.2.2 Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others;
9.2.3 Analytics and search engine providers that assist us in the improvement and optimisation of our Sites.
9.3 We may disclose your personal information to third parties:
9.3.1 In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
9.3.2 If we are under a duty to disclose or share your personal data in order to comply with any legal obligation.
10 YOUR RIGHTS
10.1 You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at the address detailed above.
10.2 Our Sites may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
11 ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
12 CHANGES TO OUR SITES
12.1 We may update our Sites from time to time, and may change the content at any time. However, please note that any of the content on our Sites may be out of date at any given time, and we are under no obligation to update it.
12.2 We do not guarantee that our Sites, or any content on them, will be free from errors or omissions.
13 ACCESSING OUR SITES
13.1 We do not guarantee that our Sites, or any content on them, will always be available or be uninterrupted. Access to our Sites is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Sites without notice. We will not be liable to you if for any reason our Sites are unavailable at any time or for any period.
13.2 You are responsible for making all arrangements necessary for you to have access to our Sites.
14 YOUR ACCOUNT AND PASSWORD
14.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
14.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]
15 INTELLECTUAL PROPERTY RIGHTS
15.1 We are the owner or the licensee of all intellectual property rights in our Sites, in the material published on it and in the Services. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
15.2 You may print off one copy, and may download extracts, of any page(s) from our Sites for your personal use and you may draw the attention of others within your organisation to content posted on our Sites.
15.3 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.
15.4 Our status (and that of any identified contributors) as the authors of content on our Sites must always be acknowledged.
15.5 You must not use any part of the content on our Sites for commercial purposes without obtaining a licence to do so from us or our licensors.
15.6 If you print off, copy or download any part of our Sites in breach of these Terms, your right to use our Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
16 LIMITATION OF OUR LIABILITY
16.1 Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
16.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Services and Sites or any content on them, whether express or implied.
16.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
16.3.1 use of, or inability to use, our Sites; or
16.3.2 use of the Services; or
16.3.3 use of or reliance on any content displayed on our Sites.
16.4 If you are a business user, please note that in particular, we will not be liable for:
16.4.1 loss of profits, sales, business, or revenue;
16.4.2 business interruption;
16.4.3 loss of anticipated savings;
16.4.4 loss of business opportunity, goodwill or reputation; or
16.4.5 any indirect or consequential loss or damage.
16.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Sites or to your downloading of any content on it, or on any website linked to it.
16.6 We assume no responsibility for the content of websites linked on our Sites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
17.1 We do not guarantee that our Sites will be secure or free from bugs or viruses.
17.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our Sites. You should use your own virus protection software.
17.3 You must not misuse our Sites 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 Sites, the server on which our Sites are stored or any server, computer or database connected to our Sites. You must not attack our Sites 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 Sites will cease immediately.
18 OTHER IMPORTANT TERMS
18.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
18.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
18.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.5 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.
18.6 These Terms are governed by English law. This means a Contract for the purchase of Services through our Sites or by telephone and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
18.7 Any software (“Software”) that is offered by us to you which is provided by any third party or affiliate company of Qualitick Limited T/A Evergreen Energy has not been independently verified us. Whilst such Software has been offered to our customers in good faith, no representation or warranty, express or implied, is or will be made by us and no responsibility or liability is or will be accepted by us in respect of your use of any such Software and any such liability is expressly disclaimed.
Continuous Payment Authority Information
1.This document adopts the definitions set out in the Terms.
2.You have agreed to pay the Price to Us using Your credit or debit card. By providing Us with Your credit or debit card details, You agree that We may deduct the Price from the card’s associated credit or bank account from time to time, as agreed.
3.We will deduct payment of the Price on the date that You provide payment details and thereafter annually on the Renewal Date.
4.We will write to You 30 days before the Renewal Date to notify You that payment will be taken.
5.The transactions will appear on your account statements with the name Easy MCS.
6.In the event that the Price changes, and We require any additional payment from You, We will write to You and inform You of the changes at least 30 days before We take the additional payment under the continuous payment authority.
7.You are entitled to cancel the continuous payment authority at any time. You may cancel by notifying us in writing, by email or by telephone that You no longer consent to the continuous payment authority. We will aim to respond to Your cancellation request within 7 days of receipt. We will not charge You a fee for cancelling the continuous payment authority.
8.Upon receipt of notice of cancellation of the continuous payment authority by You, We will no longer be entitled to take payment from Your account.
9.You may also cancel the continuous payment authority by notifying Your bank or credit provider of your wish to cancel. From the date upon which You notify Your bank or credit provider, We will no longer be entitled to take payment from Your account.
10.Please note that cancellation of the continuous payment authority does not relieve You of Your contractual liabilities under the Contract. In the event that You cancel the continuous payment authority, but You owe sums to Us under the Terms of the Contract, We shall be entitled to payment from You by other means.
If you decide to terminate your support with us at the end of your 12 month period, your online dashboard and access to all Software will become inactive. Prior to the termination date you may extract any data you have inputted or wish to retain. If you have been unable to extract the data prior to your support ending, an additional 7 days may be granted by us upon request for this purpose only, however after this 7 day period has expired no further access to your online dashboard or the Software will be permitted.