Terms and Conditions

 

Terms & Conditions of Service

Please read these Terms and Conditions carefully. You are required to read and understand them before instructing R Biomedical (Roadbreaker Ltd) for Service work. If you do not accept these terms and still wish R Biomedical (Roadbreaker Ltd) to conduct Service work please contact info@roadbreaker.com prior to commissioning the work.

 

Where the context admits: "We" or "Us" includes R Biomedical (Roadbreaker Limited) whose registered office is, 71 Inveresk Road, Musselburgh, United Kingdom. "You" includes the person purchasing the services or any party acting on the customer's instructions. "Contract" means the contract constituted by the terms and conditions in our proposal (if submitted), these terms and conditions and your acceptance of them (as indicated by your ordering the provision of the Services). "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions. "The Registry" includes the relevant domain names Registry. "Services" include any product or service sold (or provided at no cost) to You by us. "Account" means any one or more Services, assigned solely to You. This typically consists of (but is not limited to) Contract Research. A "User" is defined as a Customer using any or our products and services. "Contract Research" means any laboratory service or laboratory study provided by Us for You.

1.         General

1.                  By ordering Services You are agreeing to these Terms & Conditions.

2.                  We reserve the right to update these Terms and Conditions at any time by notice to you with immediate effect. If you do not agree to the relevant change, your only remedy is to terminate the Services by 14 days notice to us.

3.                  Should You wish to cancel your Account, send an email to info@roadbreaker.com. Any outstanding payment must still be made in full.

4.                  Refunds in relation to any other Services will be given at Our discretion.

5.                  Handling complaints: Should You have any complaints regarding Services received from Us, please send an email to info@roadbreaker.com detailing the nature of your complaint. We will acknowledge the complaint within 5 working days and provide a likely timescale for resolving the dispute while keeping You informed about progress. All complaints will be considered highly confidential, and be dealt with as soon as is possible.

6.                  We reserve the right to cancel Your Account at any time by notice with immediate effect, without cause.

7.                  You agree to keep us up to date with any changes in your contact details. This includes the provision of a working email address that you regularly check.

8.                  Nothing in these Terms and Conditions shall operate to exclude or limit Our liability for (a) death or personal injury caused by our negligence; or (b) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the supply of Goods and Services Act 1982; or (c) fraud; or (d) any other liability which cannot be excluded or limited under applicable law.

9.                  Subject to 8 immediately above, We will not be held liable or responsible for any direct or indirect loss or damages to Your business or that of any third party nor for any loss of profits, opportunity or data.

10.               Subject to 8 and 9 immediately above, Our liability shall in no circumstances exceed the total sums paid to Us by You under the relevant contract.

2.          

3.         Contract Research

1.                  Although all work conduct on you behalf by R Biomedical will be conducted to to our best abilities We make no representations of potential outcomes and the results of such work are at Your risk. We have no influence over the potential outcomes under the scope of the work.

2.                  You understand that We give no warranty to the work conducted and if we infringe the rights of any third party and that You indemnify Us in respect of any such infringements.

3.                  While we shall make reasonable efforts to contact you (by email) in advance of any problems or Revision of due dates, ultimately you have full responsibility for ensuring that you contact Us for updates

4.          

 

5.         Service Availability

1.                  We shall use our reasonable endeavors to make available to You at all times the our Services but We shall not, in any event, be liable for interruptions of Service or down-time other than agreed within any contract.

2.                  We shall have the right to suspend Services at any time and for any reason, generally without notice.

 

 

6.         Payment

1.                  All charges payable by You for Services shall be in accordance with the scale of charges, rates and payment frequencies published from time to time by us on our web site and shall be due and payable within 30 days. We reserve the right to change pricing at any time except when pre-payment is made.

2.                  All renewals will be made on our Terms & Conditions & Prices current at the time of the renewal. You are responsible for ensuring all payments by due date.

3.                  All payments must be in UK Pounds Sterling (with the exception of online credit card payment).

4.                  If your cheque is returned by the bank as unpaid for any reason, You will be liable for a "returned cheque" charge of £30.

5.                  Without prejudice to our other rights and remedies under these Terms and Conditions, if any sum payable is not paid on or before the due date, We shall be entitled forthwith to suspend or cancel the provision of Services to you.

 

 

7.         Termination

1.                  If You fail to pay any sums due to us as they fall due, We may suspend or cancel any Services without notice to you. Accounts are typically suspended seven days after the due date, and fully cancelled after a further fourteen days.

2.                  If You breach any of these terms and conditions We may suspend or cancel any Services without notice to you.

3.                  If You are a company and You go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors or any analogous event, We shall be entitled to suspend or cancel any Services without notice to you.

4.                  No refunds will be made for Services suspended

5.                  We reserve the right to suspend Services at any time. In the event of this You will be entitled to a pro-rata refund based upon the remaining period of pre-payment. This does not include any fees in connection with Domain Registration.

6.                  Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card. All credit and debit card refunds are subject to a 10% administration fee against the original purchase price.

7.                  You may cancel the Services at any time without refund.

 

8.         Indemnification You agree that You shall defend, indemnify, save and hold Roadbreaker Ltd or any party harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Roadbreaker Ltd, its agents, officers, employees and assignees, that may arise or result from any service provided or performed or agreed to be performed or any product sold. You agree to defend, indemnify and hold harmless Roadbreaker Ltd (1) any injury to person or property caused by any products sold or otherwise distributed in connection with services provided by Us for You; (2) any material supplied  (including content infringing or allegedly infringing on the proprietary rights of a third party); (3) copyright infringement and (4) any defective products sold to customers

9.         Disclaimer  We will not be responsible for any damages your business may suffer. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by us or any third party acting on our behalf. We expressly disclaim all and provide no representations or warranties in respect of contents or the services provided by us. All Rights Reserved. This does not affect your statutory rights as a consumer.

    Severability If any provision (or part of a provision) of these Terms and Conditions are found by      any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal,the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

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