the-3rd-storey-cloud-ltd-terms-and-conditions

Terms & Conditions

MAY 2020

the

3rdStorey

cloud

Rev

Date

TC_2020_v1 15/05/20

the

3rdStorey

cloud

www.the3rdstorey.cloud

Company Directors:

Mr S. A. Lewis

Founder

Technical Director

Ms J. W. Lewis

CEO

Director

Registered office address:

8 Carr Court

Davenport Close

Gosport

Hampshire UK

PO13 8NT

Company Registered in England No. 9994823.

TERMS & CONDITIONS

for

The 3rd Storey Cloud Ltd

INTRODUCTION.

These terms and conditions apply between ‘The 3rd Storey Cloud Ltd.',

Registered in England, Company Registered Number 09994823

(including any sub-domains unless expressly excluded by their own

terms and conditions) which owns and trades under the names of ‘TEc

Sketch’, ‘3rd Storey Technical Drawings’ and '3rd Storey Art and Graphics’

and you the user of this Website. 'The 3rd Storey Cloud Ltd.' are the

owners and operators of this Website. Please read these terms and

conditions carefully as they affect your legal rights. Your agreement to

comply with and be bound by these terms and conditions is deemed to

occur upon your first use of this Website. If you do not agree to be

bound by these terms and conditions you should stop using this

Website immediately.

INTELLECTUAL PROPERTY AND ACCEPTABLE USE.

1. All content included on the Website is the property of 'The 3rd Storey

Cloud Ltd.' and the Divisions of the company herein known as ‘TEc

Sketch’, ‘3rd Storey Technical Drawings’ and ‘3rd Storey Art & Graphics’ and

of our Registered Affiliates. In these terms and conditions, content

means any text, graphics, images, audio, video, software, data

compilations, page layout, underlying code and software and any other

form of information capable of being stored in a computer that

appears on or forms part of this Website, including any such content

(or information) uploaded by Users. By continuing to use this Website

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you acknowledge that such Content is protected by Copyrights,

Trademarks, Database Rights, and other Intellectual Property Rights.

Nothing on this site shall be construed as granting, by implication,

estoppel, or otherwise, any licence or right to use any trademark, logo

or service mark displayed on this site without ‘The 3rd Storey Cloud Ltd.’

‘TEc Sketch’, ‘3rd Storey Technical Drawings’, ‘3rd Storey Art & Graphics’, and

or our Registered Affiliates without our prior written permissions.

2. You may with the express permissions of 'The 3rd Storey Cloud Ltd.'

'TEc Sketch', '3rd Storey Technical Drawings' and '3rd Storey Art & Graphics'

- for your own personal and or business use;

a) retrieve and view content on a computer.

3. You must not otherwise reproduce, modify, copy, distribute or use

for commercial, business and or personal purposes any content,

without written permissions of 'The 3rd Storey Cloud Ltd.', and or 'TEc

Sketch', '3rd Storey Technical Drawings', '3rd Storey Art & Graphics' and or

our Registered Affiliates.

PROHIBITED USE OF SITE.

4. You may not use this Website for the following purposes:

a) in any way which causes, or may cause damage to the Website or

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interfaces with any other person's use or enjoyment of the Website;

b) in any way which is harmful, unlawful, illegal, abusive, harassing,

threatening or otherwise objectionable or in breach of any applicable

law, regulation, governmental order;

c) making, transmitting or storing electronic copies of the Content

protected by Copyright, Trade Marks, Intellectual Rights, and Design

Rights without permissions of the owners 'The 3rd Storey Cloud Ltd.',

'TEc Sketch', '3rd Storey Technical Drawings', '3rd Storey Art & Graphics' and

or our Registered Affiliates.

LINKS TO OTHER WEBSITES.

5. This Website contains links to our other Websites, which are under

the control of 'The 3rd Storey Cloud Ltd.', 'TEc Sketch', '3rd Storey Technical

Drawings', '3rd Storey Art & Graphics' and or that of our Registered

Affiliates. Please see the listing of our registered affiliates at the end of

these terms and conditions.

6. We assume no responsibility for the content of such Websites and

disclaim liability for any and all forms of loss or damage arising out of

the use of them.

7. The inclusion of a link to another site on the Website other than

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those under the control of 'The 3rd Storey Cloud Ltd.' (please see

introduction paragraph for the definitive companies) does not imply

any endorsement of these sites themselves or of those in control of

them.

8. Use of the Website is also governed by our Privacy Policy, Security

Policy and Cookies Policy, which are incorporated into these Terms and

Conditions by this reference.

AVAILABILITY OF THE WEBSITES AND DISCLAIMERS.

9. Any online facilities, tools, services or information that 'The 3rd Storey

Cloud Ltd.', 'TEc Sketch', '3rd Storey Technical Drawings', and '3rd Storey Art

& Graphics' makes available through the Website's (the service) is

provided "as is" and on "as available" basis. We give no warranty that

the Service will be free of defects and or faults. To the maximum extent

permitted by law, we provide no warranties (express or implied) of

fitness for a particular use and or for a particular purpose, accuracy of

the information, compatibility and satisfactory quality. 'The 3rd Storey

Cloud Ltd.', 'TEc Sketch', '3rd Storey Technical Drawings', '3rd Storey Art &

Graphics' and or our Registered Affiliates is under no obligation to

update information on the Website.

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10. Whilst 'The 3rd Storey Cloud Ltd.', 'TEc Sketch', '3rd Storey Technical

Drawings' and '3rd Storey Art & Graphics' uses all endeavours to ensure

the Website is secure and free from errors, viruses and other malware,

we give no warranty or guarantee in that regard and all Users take

responsibility for their own security, that of their personal details and

their computers.

11. 'The 3rd Storey Cloud Ltd.', 'TEc Sketch', '3rd Storey Technical Drawings'

and '3rd Storey Art & Graphics' accepts no liability for any disruption or

non-availability of the Website.

12. 'The 3rd Storey Cloud Ltd.', 'TEc Sketch', '3rd Storey Technical Drawings',

'3rd Storey Art & Graphics' and or our Registered Affiliates reserves the

right to alter, suspend or discontinue any part (or the whole of) the

Website including, but not limited to, any products and or services

available. The Terms and Condition shall continue to apply to any

modified version of the Website unless is expressly stated otherwise.

LIMITATION OF LIABILITY.

13. Nothing in these terms and conditions will:

a) limit or exclude our liability or deaths or personal injury resulting

from our or your negligence, as applicable;

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b) limit or exclude our or your liability for fraud or fraudulent

misrepresentation; or

c) limit or exclude any of our or your liabilities in any way that is not

permitted under the applicable law.

14. We will not be liable to you in respect of any losses arising out of

events beyond our reasonable control.

15. To the maximum extent permitted by law, 'The 3rd Storey Cloud Ltd.',

'TEc Sketch', '3rd Storey Technical Drawings' and '3rd Storey Art & Graphics'

accepts no liability for the following:

a) any business and/or personal losses, such as loss of profits, income,

revenue, anticipated savings, business contracts, goodwill or

commercial opportunities;

b) loss or corruption of any data, database or software;

c) any special, indirect or consequential loss and/or damage.

GENERAL.

16. You may not transfer any of your rights under the terms and

conditions to any other person. We may transfer our rights under

these terms and conditions where we reasonably believe your rights

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will be affected.

17. These terms and conditions may be varied by us from time to time.

Such revised terms will apply to the Website's, for the date of

publication Users should check the terms and conditions regularly to

ensure familiarity with the current version.

18. These terms and conditions with the Privacy Policy, Security Policy

and Cookies Policy contain the whole agreement between the parties

relating to its subject matter and supersede all prior discussions

arrangements and/or agreements that might have taken place in

relation to the terms and conditions.

19. The contracts (Rights of Third Parties) Act 1999 shall not apply to

these terms and conditions and no third party will have any right to

enforce or rely on any provision of these terms and conditions.

20. If any court or competent authority finds that any provision of

these terms and conditions (or part of any provision) is invalid, illegal

or unenforceable, that provision or part-provision will, to the extent

required, be deemed to be deleted, and the validity and enforceability

of the other provisions of these terms and conditions will not be

affected.

21. Unless otherwise agreed, no delay, act or omission by a party

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exercising, any right or remedy will be deemed a waiver of that, or any

other, right or remedy.

22. These Terms and Conditions will be governed by and interpreted

according to English Law. All disputes arising under these terms and

conditions will be subject to the exclusive jurisdiction of the English

Courts.

PAYMENTS TERMS & CONDITIONS.

We offer all our clients several different methods of payment. Our

Terms and Conditions of payments will be dependent on which

Division of The 3rd Storey Cloud Ltd you will be dealing with. We accept

Bank transfer, Bacs, Visa Debit and Credit cards, American Express and,

in exceptional circumstances, cheques. Unless you have an account

with us, payment will be required as stated below within the terms of

each product/products that we offer. To open an account with us you

will need to have been trading with us for a certain amount of time,

not all products will be liable for account terms. The criteria is high for

an account opening. However, we will always discuss with you your

requirements. You will need to speak directly with Joanna Lewis, CEO

and Director of The 3rd Storey Cloud Ltd.

TEc Sketch Payment is required when ordering.

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3rd Storey Technical Drawings TD Solo Payment is required when

ordering.

3rd Storey Technical Drawings Stage payments are made, depending on

which products/services you have ordered.

3rd Storey Art & Graphics Payment is required when ordering.

TERMS AND CONDITIONS OF SERVICE FOR TD SOLO.

We expect measurements to be accurate. We will be unable to accept

liability when measurements given to the office are proved to be

incorrect. You will always be given an opportunity to review the

measurements that you have supplied us with, whether that is verbal,

written or both. The format that we will require will be discussed when

you are placing your order with us. We 3rd Storey Technical Drawings, in

this instance, will not be the principal designer, as we will never have

seen the site. We do take our responsibilities seriously under CDM 2015

regulations Part 3, s.9; duties of 'designers' in relation to health and

safety at the pre-construction stage. We will be providing you together

with your plans, our standard health and safety advice for your job.

Please fully and carefully check your measurements on the drawings.

Until we have received your confirmation, and your payment has been

received, your drawings will not be started.

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TERMS AND CONDITIONS OF SERVICE FOR TEC SKETCH +PARTY

WALL.

We will endeavour in every respect to ensure that all Party Wall

Agreements are signed in a timely manner, as to not delay the

commencement of building works.

We need to be advised, should you be aware of any reason/s that your

neighbour/s may have any objection/objections to signing a Party Wall

Agreement with you, under the Act. We would need to discuss this

before any documents are drawn up. It would be at this point in the

process, expedient to assess any possible situation that would delay

the start of the project, and avoid any notice under the Act, when

served, to become 'disputed', as this can become a very costly affair.

We do find that with information and discussion with a neighbour/s at

this juncture, will produce a signed agreement.

We are unable to predict the outcome or form any judgement and/or

conclusions that may be reached. This does not affect or restrict your

rights that are stated in Law.

We are unable and do not provide any legal advice. Any information

given express or implied is provided in good faith. We are bound by the

limits of the Legislation/s and the Act/s contained therein.

We do not provide legal advice when a 'dispute' arises with any

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neighbour/s (dispute as defined in the Party Wall etc. Act 1996). In this

instance, we can only guide and advise you of your rights and discuss

possible options to resolve the dispute.

The Party Wall etc. Act 1996 Chapter 40, section 3. – (2) (a) requires that a

period of at least 2 (two) calendar months would need to have elapsed

before building works can commence; your agreement will quote the

definitive dates. Starting building work before this date may

compromise your legal rights as the owner of the property and expose

you to litigation. Click here to see the relevant legislation; we advise

that you read this if in any doubt. We would not normally seek to

obtain special permissions with your neighbours. However, please talk

to us should you wish to start works earlier than the permitted time

which will be stated in your agreement.

This document does not imply or form any contract between The 3rd

Storey Cloud Ltd TEc Sketch and any other company, organisation

and/or individuals unless expressly stated.

This document 'TERMS OF SERVICE PROVIDED' are taken from our full

Terms and Conditions which must be viewed separately.

Our expertise is totally based within the current legislative

requirements of these matters.

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Payment is required when ordering.

Click on the link below to go to the .gov site and read the current

Party Wall etc. Act 1996. Chapter 40. Party Wall etc. Act 1996. Chapter 40.

Controlling Information About You.

DATA PROTECTION POLICY.

When you fill in a form or provide details on any of our Websites - 'The

3rd Storey Cloud Ltd.', 'TEc Sketch', '3rd Storey Technical Drawings' and '3rd

Storey Art & Graphics', we will never lease, distribute or sell your

personal and or business details to any third parties, unless we have

your express permissions or the Law requires us to do so, in either or

both eventualities we will contact you directly for your permissions

before any information would be released.

SECURITY & PRIVACY

a) We - 'The 3rd Storey Cloud Ltd.', 'TEc Sketch', '3rd Technical Drawings'

and '3rd Storey Art & Graphics' will always hold your information

securely.

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b) To prevent any unauthorized disclosure or access to your

information to any third parties, we have implemented strong physical

and electronic security safeguards.

c) Any personal information we hold about you is stored and

processed under our data policy and exceeds the requirements of the

Data Protection Act 1998.

d) We also follow stringent procedures to ensure we work with all

personal data in line with our high Policies and the Data Protection Act

1998.

We advise you to always be wary when submitting data to websites,

always read the sites data protection Privacy and Cookie policy fully.

You may contact us at any time to discuss how we process and store

any personal and or business information that you may give us on our

sites.

COOKIES POLICY.

We - 'The 3rd Storey Cloud Ltd.', 'TEc Sketch', '3rd Technical Drawings' and

'3rd Storey Art & Graphics' DO NOT collect or permit any third parties to

collect or set cookie on any of our websites.

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Should you see any pop-ups on any of our websites we would be

extremely grateful if you would ring us on any of our numbers and

report this to us immediately. All calls are free.

TERMS OF TRADING.

We - 'The 3rd Storey Cloud Ltd.', 'TEc Sketch', '3rd Technical Drawings' and

'3rd Storey Art & Graphics' will tailor-make for each and every one of

you, a package that will work with your administrative procedures and

accounts departments to ensure a smooth and trouble-free process

with the terms of payment we have agreed. Please ring us at any time

to obtain details.

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