TERMS OF SUPPLY OF SERVICES



This is an important part of our Site, please read it carefully.



In particular your attention is drawn to paragraph 8 (our Liability), paragraph 5 (Price and Payment), paragraph 4 (Provision of Services) and paragraph 7 (Basis on which the Services are provided).

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the services (Services) listed on our website www.purejam.co.uk (our Site) to you. Please read these terms and conditions (these Terms) carefully before subscribing for any Services from our Site. You should understand that by subscribing for any of our Services, you agree to be bound by these Terms.

You should print a copy of these Terms for future reference. Please click on the button marked "I Accept" at the end of these Terms if you accept them. Please understand that if you refuse to accept these Terms and our General Terms of Website Use, you will not be able to subscribe for any Services from our Site. For the avoidance of any doubt, these Terms are the only terms and conditions that apply to the provision of the Services, and any other terms and conditions that you purport to incorporate into the Contract (as defined in paragraph 3 below) are expressly excluded.

1. INFORMATION ABOUT US www.purejam.co.uk is a site operated by Internet Communications Limited, trading as JAM Media Response (we). We are registered in England and Wales under company number 2960270, with our registered office and trading address at Unit 5, Borehamwood Enterprise Centre, Borehamwood, Herts WD6 4RJ, UK. Our VAT number is 707502751.

2. YOUR STATUS By subscribing for Services through our Site, you warrant that, where you are subscribing on behalf of a business, you have all due authority to make that subscription on behalf of that business, or if you subscribing personally, that you are: (a) legally capable of entering into binding contracts; and (b) at least 18 years old.

3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

3.1 After subscribing for Services, you will receive an email from us acknowledging that we have received your subscription. Please note that this does not mean that your subscription has been accepted. Your subscription constitutes an offer to us to subscribe for Services. All subscriptions are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming that we will provide the Services to you (the Service Confirmation). The contract between us (Contract) will only be formed when we send you the Service Confirmation. Please check the Service Confirmation very carefully to ensure that it correctly records the Services that you want to subscribe for. If there is an error on the Service Confirmation, please notify us immediately and in any case within 24 hours of us sending you the Service Confirmation, or if earlier, before the commencement of the Services, in accordance with paragraph 11 below. If you do not notify us within such period, we will assume that you are satisfied with the Service Confirmation, and on the expiry of such period the Contract will be deemed to come into force and will become binding on you, and may only be subsequently terminated, rescinded or varied, either in accordance with these Terms, or with our prior written consent.

3.2 The Contract will relate only to those Services which we have confirmed that we will provide in the Service Confirmation. We will not be obliged to supply any other Services which may have been part of your subscription until the provision of such Services has been confirmed in a separate Service Confirmation.

4. PROVISION OF SERVICES

Unless we notify you otherwise, the Services will start on the start date set out in the Service Confirmation. If no start date is specified, we will notify you of when the Services will start, using our reasonable endeavour to ensure that this is within 7 days of the date of the Service Confirmation, unless there are exceptional circumstances. As soon as practicable before the Services start we will notify you in writing of the telephone number or numbers for incoming calls that has or have been personally assigned to you as part of that Service (Assigned Number(s)). We will not take any call from any person on your behalf before the Services commence. Do not publicise any of our details or any telephone number (including the Assigned Number(s)), fax number, email address or otherwise associated with us, or pass the same on to any third party, without our prior written consent.

5. PRICE AND PAYMENT

5.1 The price of any Services will be as quoted on our Site from time to time, except in cases of obvious error. Save where specified otherwise, these prices exclude VAT.

5.2 Prices are liable to change at any time, but, subject as set out below, changes will not affect subscriptions in respect of which we have already sent you a Service Confirmation. Notwithstanding the above, we may automatically increase our prices on any anniversary of the date on which the Services start and will notify you to that effect, provided that if you do not agree to the increase, you may serve notice to terminate the Contract during the period of 30 days from our notifying you of the increase, in accordance with paragraph 6.1 below, in which case you will not be liable to pay the increased prices during the period up to the termination of the Contract. If you do not serve notice to terminate the Contract within the above 30 day period, you will be liable to pay such increased prices.

5.3 Unless agreed otherwise, payment for all Services must be by credit or debit card. We accept payment with Mastercard, Visa and Maestro. Time of payment to us is of the essence. We will not be obliged to start providing the Services until we have received as cleared funds all payments then due under the Contract.

5.4 Where you have supplied details of your credit or debit card to us, you hereby authorise us to debit to that card all amounts owing from time to time under the Contract.

5.5 You shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the you have a valid court order requiring an amount equal to such deduction to be paid by us to you.

5.6 If you fail to pay us any amount due under the Contract, you shall be liable to pay interest to us on that amount from the due date for payment at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998.

5.7 If we exercise our right to terminate the Contract pursuant to paragraph 6.2(a) owing to your non payment, we will not be obliged to re commence providing the Services, even if you subsequently pay all amounts then due to us, unless we specifically agree to do so. If we do agree to re commence the Services (without being in any way obliged to do so), before we do so, you will be required to pay such re commencement, or set up, fee or charge, as we shall at that time require.

6. TERM OF CONTRACT AND TERMINATION

6.1 Unless otherwise agreed, or as provided in the following paragraph, either of us may terminate the Contract by giving the other no less than 30 days prior notice in accordance with paragraph 11 below, to expire no earlier than your next monthly invoice date (your first invoice date being one calendar month after your Services begin, and so on).

6.2 Without prejudice to any other rights or remedies that we may have, we may immediately terminate the Contract without liability to you if: (a) you fail to pay any amount due under the Contract on the due date of payment and remain in default not less than 7 days after being notified in writing to make such payment; or (b) you commit a material breach of any of the terms of the Contract; or (c) you repeatedly breach any of the terms of the Contract; or (d) you suspend, or threaten to suspend, payment of your debts or are unable to pay your debts as they fall due or admit inability to pay your debts or (where you are a company) are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or (being a natural person) are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) have any partner to whom any of the foregoing apply; or (e) you commence negotiations with all or any class of your creditors with a view to rescheduling any of your debts, or make a proposal for or enter into any compromise or arrangement with your creditors other than for the sole purpose of a scheme for a solvent amalgamation with one or more other companies for your solvent reconstruction; or (f) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or on connection with your winding up other than for the sole purpose of a scheme for your solvent amalgamation with one or more other companies for your solvent reconstruction; (g) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed, over you; or (h) a floating charge holder over your assets has become entitled to appoint or has appointed an administrative receiver; or (i) a person becomes entitled to appoint a receiver over your assets or a receiver is appointed over your assets; or (j) a creditor or encumbrancer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of your assets and such attachment or process is not discharged within 14 days; or (k) any event occurs, or proceeding is taken, with respect to you in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in paragraphs (c) to (k) above (inclusive); or (l) you suspend or cease, or threatens to suspend or cease, to carry on all or a substantial part of its business.

6.3 On termination of the Contract for any reason: (a) you shall immediately pay to us all of our outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, we may submit an invoice, which shall be payable immediately on receipt; (b) our accrued rights and liabilities as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination, shall not be affected.

7. BASIS ON WHICH THE SERVICES ARE PROVIDED

* Call centre If you have subscribed for this Service, we will use our reasonable endeavours to take messages received on the Assigned Number(s), and within such period of time as we have agreed with you, to forward the same by the method of communication that we have agreed with you, to the telephone number, fax number or email address that you have provided to us for that purpose (Contact Number) or to email post the same to you (if we have agreed to establish an email posting service with you on setting up the Services).

* Virtual switchboard
If you have subscribed for this Service, we will use our reasonable endeavours to forward incoming calls received on the Assigned Number(s), to the Contact Number.

* Customer service line
If you have subscribed for this Service, we will use our reasonable endeavours to respond to queries received on the Assigned Number(s) by providing the responses that we have agreed with you.

* Order taking and brochure requests
If you have subscribed for this Service, we will use our reasonable endeavours to take orders received on the Assigned Number(s) and/or to take orders for brochures received and to send the brochures out within such period of time as we have agreed with you. Our provision of this Service is conditional upon, being stocked at all relevant times with sufficient brochures to send out, and, unless we have specifically agreed otherwise, being put in necessary funds by you in respect of all relevant postage and packing costs.

* Emergency support
If you have subscribed for this Service, we will use our reasonable endeavours to take messages on the Assigned Number(s) and within such period of time as we have agreed with you, to forward the same on to you by telephoning the Contact Number.

Notwithstanding any other term of this Contract, the provision of all the Services is specifically subject to the following:

(a) given the nature of the Services, and in particular the fact that we receive a number of calls and a great deal of information within a short period of time, there will be occasions on which we fail to record a message and/or details, and/or to pass information on to you, correctly or accurately, and we will not under such circumstances be liable or responsible to you;

(b) we will not provide any Service which is in any way, whether directly or indirectly, involved in or associated with, or which we suspect is in any way, whether directly or indirectly, involved in or associated with, any illegal, defamatory, obscene, sexist, racist, inflammatory or immoral activity, and/or any activity which we determine adversely affects our reputation (Unacceptable Activity). If we suspect any Unacceptable Activity, we will immediately terminate the Services provided to you (notifying the Police or relevant authorities where we feel appropriate), at which time all amounts at that time incurred by us in relation to the provision of the Services will become payable to us. For the purpose of the above, what constitutes Unacceptable Activity will be determined by us at our entire discretion, and our determination on the matter will be final and not subject to discussion;

(c) we will not accept any call which is a reverse charge or collect call, and/or on the basis that we are in any manner required to bear the cost to the caller of making the call to us;

(d) it is your responsibility to ensure that you provide us with an appropriate Contact Number and that at all relevant times the Contact Number is operational and, as you deem appropriate, manned. We will not under any circumstances be responsible nor liable, should the Contact Number be unanswered and/or out of order, or should we otherwise be unable to forward a message, or put an incoming call through, to a Contact Number;

(e) we will not under any circumstances be responsible nor liable, should we mishear and/or misunderstand or be unable to understand, a message and/or a caller, whether because the line is poor, the caller is difficult to understand, the caller’s English is poor, or otherwise. All messages left, and/or communications, with our staff, must be in the English Language;

(f) we will not under any circumstances be responsible nor liable, should we be unable to receive and/or forward a call, or forward a message to you, whether by telephone, fax, email or otherwise, as a direct or indirect result of any: equipment breakdown or malfunction; delay in or breakdown of any telecommunications or internet service; or atmospheric conditions;

(g) in relation to the Customer Service Line and Order Taking and Brochure Request Services, we will not provide, nor will you require us to provide, any response or responses to callers that we have not previously agreed in writing with you. Given the nature of these Services, the fact that responses need to be given to callers in live time, and the fact that our staff have no special knowledge of, or training in, your products, services or business, if, within their entire discretion, our staff feel at any time, and under any circumstances, that they are unable to, and/or not comfortable in, responding to a particular query and/or handling a particular order, they will not respond to that query and/or handle that order, but in such circumstances will use their reasonable endeavours to take a message, and forward the same to you in the manner referred to above under the heading Call centre;

(h) our staff will not deal with or speak to, any caller who is abusive, or unpleasant, or who shouts or uses bad, inflammatory, sexist, racist or obscene language. When confronted with such a caller, our staff will immediately terminate the call, and if the same caller calls again, not take the call;

(i) no brochures, materials, letters, parcels, documents, products, goods or things (Materials) will be sent to us without our prior written approval, (any Materials sent out without our prior written approval being Unauthorised Materials) and we will not accept and/or be required to keep any of the same on our premises. We will not be required to accept and/or to keep on our premises, and/or to send out on your behalf, any Materials which: (i) we are unable, or (entirely within our discretion) we determine that it would be impractical for us, to examine or identify the nature or contents of; or which we deem (in our absolute discretion) to be: (ii) dangerous, noxious, harmful or deteriorating; or (iii) inconvenient or impractical for us to store or send out, and/or which would constitute an excessive insurance or security risk for us (whether because such Materials are too large in number, or too bulky, or their value exceeds our applicable insurance cover, or otherwise); or (iv) in any way illegal, defamatory, obscene, sexist, racist, inflammatory or immoral, and/or which we determine adversely affect our reputation (any of (i), (ii), (iii) or (iv) being collectively, with Unauthorised Materials, Unacceptable Materials). If we receive any Unacceptable Materials, we will not be obliged to accept the same, but if we do, we will notify you that the Materials that we have received are Unacceptable Materials, and you must take steps to collect the same from our premises as soon as possible. Until collected by you, any Unacceptable Materials will be held at your risk and the costs to us of handling, storing and if we deem fit, insuring, the same will be payable by you on demand. If any Unacceptable Materials are not collected by you within 7 days we reserve the right to arrange for the sale and/or removal and/or destruction of the same at your expense, entirely without liability to you, which expenses may be deducted by us from any relevant proceeds of sale. Where we feel appropriate, instead of, waiting for you to collect, and/or destroying the same, we will immediately pass any Unauthorised Materials to the Police or the relevant authorities, without any liability to you. You hereby indemnify us and will keep us indemnified, on demand, against any claim, damage, cost, demand, fee, fine, expense, penalty, liability, or otherwise (including any professional costs and expenses) that we may at any time, whether directly or indirectly, incur, be subject to or liable for, or be otherwise put to as a result of: (i) any Materials being illegal or immoral; (ii) any Materials, offending or defaming any third party, infringing any third party’s rights, including any copyright, trade mark, service mark, design right, and/or any other intellectual property right or licence of any third party; any claim that (iii) in taking any order, we were acting in our own capacity and not as your agent on your behalf, to the effect that we became personally bound thereby; and/or (iv) without limitation to the above, any breach by you of these Terms. We have a general and particular lien over all goods, materials, data or otherwise from time to time belonging to you, including without limitation the Materials (Goods), for all claims and money owing by you to us from time to time in any other way whatsoever, together with the following rights: (a) to put the Goods into a saleable state; (b) to sell the Goods; (c) to retain from the proceeds of sale sufficient to pay all monies due from the you to us (including any costs incurred in putting the Goods into a saleable state and the expenses of the sale).

8. OUR LIABILITY

8.1 We will use reasonable endeavours to perform any Services in all material respects in accordance with the terms of paragraph 7, provided that, without limitation to the above, given the nature of the Services, we will not be liable nor responsible to you should we fail to record a message and/or details, and/or to pass information on to you, correctly or accurately. All other warranties (whether implied by law or otherwise) will be excluded from the Contract to the fullest extent permitted by law.

8.2 Our liability (howsoever arising, and whether arising by contract, tort, negligence, misrepresentation or otherwise) in connection with the provision of any Services is strictly limited to the price paid for those Services.

8.3 This does not include or limit in any way our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

8.4 Notwithstanding any other provision, we accept no liability whatsoever, for any loss of: (a) income or revenue; (b) business; (c) profits or contracts; (c) reputation; (d) anticipated savings; (e) data; or for any waste of management or office time; or for any indirect, or consequential, or special, or pure economic, loss, cost or damage, of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

9. E-COMMERCE REGULATIONS To the extent that you are not a consumer (as defined below), regulations 9(1) 9(2) and 11 of the Electronic Commerce (EC Directive) Regulations 2002 (Regulations) shall not apply to this Contract. Consumer is as defined in the Regulations.

10. WRITTEN COMMUNICATIONS Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

11. NOTICES

11.1 All notices given by you to us must be given to Internet Communications Limited:- (a) by post, at Unit 5, Borehamwood Enterprise Centre, Borehamwood, Hertfordshire WD6 4RJ; or

11.1 (b) by email to sales@jam.co.uk.

11.2 We may give notice to you at either the email or postal address you provide to us when subscribing for Services, or in any of the ways specified in paragraph 10. Notice will be deemed received and properly served immediately when posted on our Site, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

12. TRANSFER OF RIGHTS AND OBLIGATIONS

12.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

12.3 We may transfer, assign, charge, sub- contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

13. EVENTS OUTSIDE OUR CONTROL

13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) failures, omissions or delays of any of our employees, sub contractors, agents or consultants; (b) strikes, lock-outs or other industrial action; (c) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (d) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (e) failure and/or breakdown of any communications equipment or public or private telecommunications networks; (f) the acts, decrees, legislation, regulations or restrictions of any government or relevant competent authority.

13.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

14. WAIVER

14.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

14.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

14.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 11 above.

15. SEVERABILITY If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

16. NO PARTNERSHIP OR AGENCY Unless specified otherwise, nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between you and us, nor constitute either you or us the agent of the other for any purpose. Unless agreed otherwise, neither you nor we shall have authority to act as agent for, or to bind, the other in any way.

17. ENTIRE AGREEMENT

17.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

17.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms.

17.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these Terms.

18. OUR RIGHT TO VARY THESE TERMS

18.1 We have the right to revise and amend these Terms from time to time.

18.2 You will be subject to the Terms in force at the time that you subscribe for Services from us, unless any change to those Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to these Terms before we commence the Services (in which case we have the right to assume that you have accepted the change to these Terms, unless you notify us to the contrary within seven working days of commencement of the Services).

19. LAW AND JURISDICTION Contracts for the subscription for Services through our Site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the Courts of England and Wales save that we specifically reserve the right to bring proceedings against you in the courts of any other country.