Terms & Conditions
Please read these Terms and Conditions carefully.
All contracts that the Company may enter into for the provision of services shall be governed by these Terms and Conditions. The Company will ask for the Client’s express written acceptance of these Terms and Conditions before providing any services to them.
1.1 (a) “Company” means Medical Collation and Chronology Limited (MCC Ltd).
(b) “Client” means the person(s) or entity purchasing the Services.
(c) “Parties” means the Company and the Client
(d) “Services” means all works and materials provided by the Company to the Client as specified in the invoice
(f) “Terms and Conditions” means these terms and conditions, including any amendments to these terms and conditions from time to time.
2.1 A contract under these Terms and Conditions shall come into force upon the date agreed between the parties and shall continue in force until all the Services have been completed and all charges have been paid in cleared funds, upon which it will terminate automatically.
3.1 The Company shall provide the Services to the Client in accordance with these Terms and Conditions.
3.2 The Company shall provide the Services to the Client within the timescale agreed between the parties.
3.3 These terms and conditions apply to all contracts for the sale of services to, or provision of work for, the Client to the exclusion of any terms and conditions specified by the Client.
4.1 The Parties shall agree charges in writing prior to any work being undertaken.
4.2 The Company shall issue invoices for the Services to the Client at any time after the relevant Services have been delivered to the Client.
4.3 The Client must pay the Company within 30 days of invoice date unless otherwise agreed in writing.
4.4 Overdue payments will be subject to additional charges at the rate of 1% of the primary sum unpaid, each month or part thereof.
4.5 The Client must pay the Company by debit card, credit card, direct debit, bank transfer or cheque.
5. Limitations and exclusions of liability
5.1 The Company shall not be liable to the Client or to third parties for loss (including but not limited to loss of income/savings/business or opportunities or loss or corruption of data/database or software). In any event, the total liability the Company shall have to the Client shall not exceed the value of the Services covered by the invoice.
6.1 Either party may terminate a contract under these Terms and Conditions by giving to the other party written notice of termination.
6.2 Either party may terminate a contract under these Terms and Conditions immediately by giving written notice of termination to the other party if the other party commits a material breach of these Terms and Conditions.
6.3 Either party may terminate a contract under these Terms and Conditions immediately by giving written notice of termination to the other party if:
(a) The other party:
(i) is dissolved;
(ii) ceases to conduct all (or substantially all) of its business;
(iii) is or becomes unable to pay its debts as they fall due;
(iv) is or becomes insolvent or is declared insolvent; or
(v) convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;
(b) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;
(c) an order is made for the winding up of the other party, or the other party passes a resolution for its winding up.
7.1 The Company may subcontract any of its obligations under a contract under these Terms and Conditions. Any such subcontractor will undertake to adhere to the data protection, confidentiality and anti-bribery policies of the Company.
8.1 No breach of any provision of a contract under these Terms and Conditions shall be waived except with the express written consent of the party not in breach.
8.2 The Company shall not be responsible for any failure to perform its obligations hereunder due to circumstances beyond its control.
8.3 The failure by the Company at any time to enforce any of these Terms and Conditions shall not be a waiver of them or a waiver of the right to enforce such Terms and Conditions on future occasions.
8.4 Title in all intellectual property supplied by the Company shall vest in the Company until the Company has received full payment in respect thereof.
8.5 If any provision of a contract under these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of that contract will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
8.6 Contracts under these Terms and Conditions may not be varied except by a written document signed by or on behalf of each of the parties.
8.7 Neither party may without the prior written consent of the other party assign, transfer, charge, license or otherwise deal in or dispose of any contractual rights or obligations under these Terms and Conditions.
8.8 Contracts under these Terms and Conditions are made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to a contract under these Terms and Conditions are not subject to the consent of any third party.
8.9 Contracts under these Terms and Conditions shall be governed by and construed in accordance with English law. The Courts of England to have exclusive jurisdiction.