This page (together with any documents referred to on it) explains the terms and conditions on which we agree you can make payments to us for products and/or related fees. Please read these terms and conditions carefully and make sure that you understand them, before making a payment. You should understand that by making a payment you agree to be bound by these terms and conditions.
Please note that these terms and conditions only relate to your use of our online payment system and do not govern any wider relationship that you may have with us.
You should print a copy of these terms and conditions for future reference.
2. Access to our site:
Whilst we intend that our site is available at all times, it is possible that our site may be unavailable for short periods of time so that we can carry out upgrades and maintenance.
3. Your status:
3.1 By making a payment on our site, you warrant that:
3.1.1 You are legally capable of entering into binding contracts;
3.1.2 You are at least 16 years old;
3.1.3 That you are authorised to use the card and to make the relevant payments to us;
3.1.4 That you are not resident in a country where making a payment to our site, in line with these terms and conditions would breach any laws in that country or ours.
4. How the contract is formed between parties:
After making a payment via our site, you will receive an email from us acknowledging that we have received your payment. Please note that this does not mean that your payment has been accepted. Receipt of a payment from you does not oblige us to provide you, or the relevant individual, with any products or services that you pay for on our site. If we do not provide you (or the individual concerned) with the products or services that you have paid for on our site our sole obligation to you is to refund the sum paid in accordance with our Refunds Policy.
5. Payments:
5.1 Payments may be made in certain foreign currencies, however, a currency conversion cost will be payable if a payment is made in currency other than Pounds Sterling. Any currency conversion costs or other charges incurred in making a payment shall be borne by you the payer, and shall not be deductible from the amounts due to us.
5.2 Payments are made on our site by entering relevant personal and card details. Please ensure that these are entered correctly as we are not always able to correct any errors that are made by you resulting in payment not being received to the correct account.
6. Paying by instalments – Recurring Payments:
6.1 Certain payments made on our site can be paid in instalments by setting up what is known as a recurring payment plan. If this is appropriate, then this will be offered to you on the payment page. If you select this option then you will be required to enter credit or debit card details for the account that is to be debited. In these terms and conditions, we use the term “the Card” to refer to the credit or debit card you use to make payment. By selecting the recurring payment option you authorise us to collect recurring payments from the Card for the sums due under your recurring payment plan and any other applicable fees as detailed in this paragraph 6, subject to the terms and conditions set out below.
6.2 You may change the Card used for the recurring payments by contacting the Head of Sales or Credit Controller by telephone on 0113 259 7013 or by email to accounts@owdoo.co.uk to arrange for us to call you back – For security reasons please do not send card details by email.
6.3 Setting up a recurring payment plan is a concession offered for the payment of certain invoices at our discretion as an alternative to paying all monies in advance. The recurring payment plan allows the payer to pay (or arrange payment) for goods/services and all related fees by instalments. If these instalment payments are not made on the due dates then the agreement that the fees may be paid by instalments is withdrawn and all fees not then paid under the recurring payment plan on which you have defaulted become immediately due and payable by you (whether they were then due for payment under the recurring payment plan or not). If you believe that a payment on your Card under the recurring payment plan will (or may be) declined, then please contact us immediately. If your Card will expire whilst payments have still to be made under the recurring payment plan then it is your responsibility to notify us in advance to make acceptable alternative arrangements for payment. Please see paragraph 6.6.
6.4 If you are paying on behalf of another, you agree that we may inform the relevant party that a recurring payment plan has been set up, providing details of the plan (excluding any card information) and informing said party if any payments are or are likely to be unpaid, due to the Card being declined, cancelled, expiring or for any other reason.
6.5 How to cancel your recurrent payment plan:
You may cancel your recurring payment plan by giving us notice in writing by emailing us at accounts@owdoo.co.uk at least 30 days in advance of the end of the minimum contractual commitment period, to setup a call with us to provide us with another valid form of payment for all outstanding sums.
For security reasons please do not send card details by email.
If notice of cancellation is not received at least 30 days in advance of the end of the contractual commitment period then we may still take that next instalment pursuant to the recurring payment plan even though we have received your notice of cancellation beforehand.
6.6 If your card expires or if your Card is due to expire during the term of the recurring payment plan then you must give us notice of this in writing by emailing us at accounts@owdoo.co.uk at least 30 days in advance of the next instalment date to set up a call with us to provide us with either updated card details for the recurring payment plan or to provide us with another valid form of payment for all outstanding sums.
For security reasons please do not send card details by email.
Setting up a recurring payment plan is an alternative to paying the full monies in advance. As such, if no alternative payment method is set up within 5 business days of the expiry date of the Card then all fees payable under the recurring payment plan on which you have defaulted shall become due and payable immediately.
6.7 Any funds outstanding will have further action taken if not reconciled within an agreed time period, this includes (but not limited to): Details being passed to dept recovery agents and/or legal action.
7. Overpayments and Refunds:
7.1 Your cancellation rights and your right to a refund vary depending on the goods/services that you are paying for. These are set out in our company terms and conditions.
7.2 In the case that we agree that an overpayment is made by you to us, then we will aim to refund the amounts owed within 30 days.
7.3 If we are due to provide you with a refund then this will be made to the Card used to carry out the original transaction (when available) in accordance with our Policy.
8. Our liability to a business:
8.1 This paragraph applies where you are making payment in the course of a business. It does not apply where you are a consumer.
8.2 Subject to paragraph 8.4, if we fail to comply with these terms and conditions, we shall only be liable to you for the fees and, subject to paragraph 8.3, any losses that you suffer as a result of our failure to comply (whether arising in contract, delict (including negligence), breach of statutory duty or otherwise).
8.3 Subject to paragraph 8.4, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses were in our contemplation as at the date that the contract constituted by these terms and conditions was formed between us or being a foreseeable consequence of our breach:
(a) Loss of income or revenue;
(b) Loss of business;
(c) Loss of profits;
(d) Loss of anticipated savings;
(e) Loss of data; or
(f) Waste of management or office time.
8.4 We do not in any way exclude or limit our liability for:
(a) Death or personal injury caused by our negligence;
(b) Fraud or fraudulent misrepresentation;
(d) Defective products under the Consumer Protection Act 1987; or
(e) Any other matter for which liability cannot be limited or excluded by law.
9. 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 by us to you will be 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
10. Notices:
11.1 Any notice to be sent by you or by us in connection with these terms and condition can be sent by letter or by email. Notices to us should be sent to one of the following addresses:
11.1.1 Post: Accounts, Owdoo Ltd, Suite 1, Peel Mills, Commercial St, Leeds, LS27 8AG
11.1.2 Email: admin@owdoo.co.uk.
11.2 We will send notices to you by email to the email address that you supplied at the time of making a payment.
11.3 Either of us can change the address for notices by telling the other in writing the new address, but the previous address will continue to remain valid for 7 days after the change is notified.
11.4 If sent to the correct address, a notice will be treated as received 3 working days after sending if a letter or 24 hours if sent by email even if it is not actually received.
11. Waiver:
The failure of either party to exercise or enforce any right conferred on that party under these terms and conditions shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 9 above
12. Severability:
If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
13. Law and jurisdiction:
These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.
Any dispute or claim arising out of or in connection with these terms and conditions or their formation (including non-contractual disputes or claims)(full website terms and conditions) will be subject to the non-exclusive jurisdiction of the courts of England.
