Terms & Conditions

General

Biz midlands is an online business directory allowing businesses to advertise their products and services.  We cannot be held responsible for any of the businesses advertised on this website or the services that they offer.  We reserve the right to block, remove and listings or users without and prior notice as we work hard to ensure our users get the best possible experience on Biz midlands.

Consumers are able to leave reviews for the businesses listed within the directory; these will be checked by our team prior to being published.  If we suspect any reviews are inaccurate or should we have any other concerns with the content of the review we reserve the right to remove the post without notice.  Once more we will not be responsible for the content of any of the reviews left within the website.

Terms of Service

These terms and conditions (the “Terms”) govern your access to and use of Biz midlands website and mobile applications that link to or reference these Terms (“Site”). By accessing or using the site, you are agreeing to these Terms and concluding a legally binding contract with Biz midlands. Do not access or use the Site if you are unwilling or unable to be bound by the Terms.

Access to, and use of, this site is provided by Biz midlandssubject to the following Terms and Conditions:

1. Use of this site constitutes your acceptance of these terms and conditions, which take effect immediately on your first use of the site. Biz midlandsreserves the right to change these terms and conditions at any time by posting changes online.

2. You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. Your continued use of this site after changes are posted constitutes your acceptance of this agreement as modified by the posted changes.

3. Material may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial home use. Any other use requires the prior written permission of Biz midlands. You agree not to adapt, alter or create a derivative work from any of the material contained in this site or use it for any other purpose other than for your personal non-commercial use. You agree to use this site only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this site.

4. Biz midlandsdoes not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the materials. The names, images and logos identifying Bizmidlandsor third parties and their products and services are proprietary marks of Biz midlandsand/or third parties.

5. If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full  force and effect and continue to be binding and enforceable.

6. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of England and Wales.

7. Biz Midlands will delete any advert without prior notice that breaches our corporate, moral and social values. Our team will monitor all adverts and should they deem any advert to be inappropriate or misleading, the advert in question will be deleted immediately without any explanation.

8. If these Terms and Conditions are not accepted in full, you do not have permission to access the contents of this website and therefore should cease using this website immediately.

Website Terms of Use

These Website Terms of Use, together with any and all other documents referred to in them, set out the terms of use under which you may use this website, www.bizmidlands.co.uk (“our Site”). Please read these Website Terms of Use carefully and ensure that you understand them. Your agreement to comply with and be bound by these Website Terms of Use is deemed to occur upon your first use of our Site. If you do not agree to comply with and be bound by these Website Terms of Use, you must stop using our Site immediately.

1. Definitions and Interpretation

1.1 In these Website Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, our Site; and

“Directory/We/Us/Our” means Biz Midlands Ltd, a company whose registered address is 24-26 Regent Close, Birmingham, B1 3NJ.

2. Access to Our Site

2.1 Access to our Site is free of charge.

2.2 It is your responsibility to make any and all arrangements necessary in order to access our Site.

2.3 Access to our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if our Site (or any part of it) is unavailable at any time or for any period.

3. Intellectual Property Rights

3.1 All Content included on our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

3.2 Subject to clauses 3.3, you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from our Site unless given express written permission to do so by us.

3.3 You may:

3.3.1 Access, view and use our Site in a web browser (including any web browsing capability built into other types of software or app);

3.3.2 Download our Site (or any part of it) for caching;

3.3.3 Print pages from our Site;

3.3.4 Download extracts from pages on our Site; and

3.3.5 Save pages from our Site for later and/or offline viewing.

3.4 Our status as the owner and author of the Content on our Site (or that of identified licensors, as appropriate) must always be acknowledged.

3.5 You may not use any Content saved or downloaded from our Site for commercial purposes without first obtaining a licence from us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of our Site for general information purposes whether by business users or consumers.

4. Links to Our Site

4.1 You may link to our Site provided that:

4.1.1 You do so in a fair and legal manner;

4.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on our part where none exists;

4.1.3 You do not use any logos or trademarks displayed on our Site without our express written permission; and

4.1.4 You do not do so in a way that is calculated to damage our reputation or to take unfair advantage of it.

4.2 Framing or embedding of our Site on other websites is not permitted without our express written permission.

4.3 You may not link to our Site from any other site the main content of which contains material that:

4.3.1 is obscene, deliberately offensive, hateful or otherwise inflammatory;

4.3.2 promotes violence;

4.3.3 promotes or assists in any form of unlawful activity;

4.3.4 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

4.3.5 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

4.3.6 is calculated or is otherwise likely to deceive another person;

4.3.7 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

4.3.8 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this clause 4.3);

4.3.9 implies any form of affiliation with us where none exists;

4.3.10 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or

4.3.11 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

4.4 The content restrictions in clause 4.3 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of clause 4.3. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

5. Links to Other Sites

Links to other sites may be included on our Site. Unless expressly stated, these sites are not under our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

6. Disclaimers

6.1 Nothing on our Site constitutes advice on which you should rely. It is provided for general information purposes only.

6.2 Insofar as is permitted by law, we make no representation, warranty, or guarantee that our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

6.3 We make reasonable efforts to ensure that the Content on our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

7. Our Liability

7.1 To the fullest extent permissible by law, we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our Site or the use of or reliance upon any Content included on our Site.

7.2 To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to our Site or any Content included on our Site.

7.3 If you are a business user, we accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

7.4 We exercise all reasonable skill and care to ensure that our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of our Site (including the downloading of any Content from it) or any other site referred to on our Site.

7.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of our Site resulting from external causes including, but not limited to, internet service provider equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

7.6 Nothing in these Website Terms of Use excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. If you are a consumer visiting our Site, for full details of your legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

8.Viruses, Malware and Security

8.1 We exercise all reasonable skill and care to ensure that our Site is secure and free from viruses and other malware.

8.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

8.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our Site.

8.4 You must not attempt to gain unauthorised access to any part of our Site, the server on which our Site is stored, or any other server, computer, or database connected to our Site.

8.5 You must not attack our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

8.6 By breaching the provisions of clauses 8.3 to 8.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use our Site will cease immediately in the event of such a breach.

9. Acceptable Usage Policy

9.1 You may only use our Site in a manner that is lawful. Specifically:

9.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

9.1.2 you must not use our Site in any way, or for any purpose, that is unlawful or fraudulent;

9.1.3 you must not use our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

9.1.4 you must not use our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

9.2 We reserve the right to suspend or terminate your access to our Site if you materially breach the provisions of this clause 9 or any of the other provisions of these Website Terms of Use. Specifically, we may take one or more of the following actions:

9.2.1 suspend, whether temporarily or permanently, your right to access our Site;

9.2.2 issue you with a written warning;

9.2.3 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

9.2.4 take further legal action against you as appropriate;

9.2.5 disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or

9.2.6 any other actions which we deem reasonably appropriate (and lawful).

9.3 We exclude any and all liability arising out of any actions (including, but not limited to those set out above) that we may take in response to breaches of these Website Terms of Use.

10. Privacy and Cookies

Use of our Site is also governed by our Privacy Policy, available from (Privacy Policy). Our Privacy Policy is incorporated into these Website Terms of Use by this reference.

11. Changes to these Website Terms of Use

11.1 We may alter these Website Terms of Use at any time. Any such changes will become binding on you upon your first use of our Site after the changes have been implemented. You are therefore advised to check this page from time to time.

11.2 In the event of any conflict between the current version of these Website Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

12. Contacting Us

To contact us, please email us at contact@bizmidlands.com, by telephone on 01214033109, or by post at 24-26 Regent Place, Birmingham, B1 3NJ.

13. Communications from Us

13.1 If we have your contact details, we may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Website Terms of Use.

13.2 We will never send you marketing messages of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing messages sent by us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take up to 7 business days for us to comply with your request. During that time, you may continue to receive messages from us. Further information is set out in our Privacy Policy.

13.3 For questions or complaints about communications from us (including, but not limited to marketing emails), please contact us using the details set out in clause 12.

14. Law and Jurisdiction

14.1 These Website Terms of Use, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with the laws of England & Wales.

14.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in clause 14.1 above takes away or reduces your rights as a consumer to rely on those provisions.

14.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and us relating to these Website Terms of Use, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

14.4 If you are a business, any disputes concerning these Website Terms of Use, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.

Website Disclaimer

The information contained in this website is for general information purposes only. The information is provided by Biz midlands, and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Through clicking links on this website you are able to visit other websites which are not under the control of Biz midlands. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly, however Biz Midlands takes no responsibility, and will not be liable for, the website being temporarily unavailable due to issues beyond our control.

Business Terms & Conditions

Terms & Conditions – EPOS

1. “Company” or “Biz Midlands” refers to Biz Midlands Ltd, a Private Limited Company organized under the laws of England (10584700) with offices located at 24-26 Regents Place, Birmingham, west Midlands, B1 3NJ.“Customer” refers to the person or company signing this agreement“Contract” refers to any lease, hardware, software or support agreement between Biz Midlands and the customer.Usage of WebsiteIf you wish to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern the company’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, you should stop using the website immediately. The use of this website is subject to the following terms of use:
   1. The content of the pages of this website is for your general information and use only. It is subject to change without notice.
   2. This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, some personal information may be stored by us for use by third parties.
   3. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
   4. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
   5. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
   6. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
   7. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
   8. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
   9. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
   10. The information on the website such as descriptions, specifications, prices and general content is for information and sales purposes only. Biz Midlands endeavours to ensure that this information is accurate and up to date, however makes no warranty or representation, implied or explicit, by either Biz Midlands, its employees or officers with the regard to its accuracy or completeness.
   11. No responsibility or liability is accepted or offered for misstatements, omissions or errors and no reliance should be placed on the information contained on our website. The information does not constitute an invitation to sell or purchase and any financial information is not offered as financial advice. Biz Midlands disclaims liability for any losses caused, arising from reliance on the information.

   Software License Agreement Terms

   1. PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE USING YOUR BIZ MIDLANDS SOFTWARE. BY USING YOUR SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE SOFTWARE.
   2. General Use
   1. The software, interfaces, content, fonts, documentation and any data that came with your Biz Midlands license as may be updated or replaced by software updates or system restore software provided by Biz Midlands whether in read-only memory, on any other media or in any other form are licensed, not sold, to you by Biz Midlands LTD for use only under the terms of this License.
   2. Biz Midlands, at its discretion, may make available future updates to the software for your EPOS system.
   3. The customer shall carry out regular back-ups to removable media stored separately from the supported items and carry out other normal system housekeeping routines. Biz Midlands shall not be liable for any loss or damage sustained or incurred by the customer or any third party through loss or spoiling of data resulting from any maintenance activity by Biz Midlands required or performed under this Agreement. Biz Midlands will use reasonable endeavours to put right any such loss of data or programs but reserves the right to charge for such.
   4. The customer remains totally responsible to have adequate virus protection to all parts of the system.
   5. Any additional software which is downloaded by the customer, which is not already pre-installed on your system, is done at the customers’ own risk.
   3. Permitted license users and restrictions
   1. Each license allows you to use the software on the specific terminals requested by the customer at point of purchase.
   2. Each license does not allow the Software to exist on more than one terminal, and you may not make the Biz Midlands software available over a network where it could be used by multiple devices or multiple computers at the same time unless otherwise agreed by the supplier Biz Midlands.
   3. This license does not grant you any rights to use Biz Midlands proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories for use with the Epos system. Except as and only to the extent expressly permitted in this license or by applicable law, you may not copy, decompile, reverse engineer, disassemble, and attempt to derive the source code of, decrypt, modify, or create derivative works of the Biz Midlands software, Biz Midlands software updates, or any part thereof. Any attempt to do so is a violation of the rights of Biz Midlands. If you breach this restriction, you may be subject to prosecution and damages.
   4. Transfer
   1. You may not rent, lease, lend, redistribute or sublicense the Biz Midlands software or software updates
   5. Limitation of liability
   1. To the extent not prohibited by law, in no event will Biz Midlands be liable for personal injury, or any incidental, special indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Biz Midlands software and software updates however caused, regardless of the theory of liability (contract, tort or otherwise).
   2. In no event shall Biz Midlands’s liability to you for all damages exceed the amount of your initial purchase price foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
   3. The customer is responsible for making sure that the EPOS software is compliant with any local laws and regulations in the jurisdiction in which the system will be used. Biz Midlands is not liable for any loss or damage caused to the customer as a result of the software not abiding by local laws and regulations, including (but not limited to) any fines or financial penalties issued to them by their local authorities. Biz Midlands only guarantees that the software will be compliant with the laws and regulations of the United Kingdom and Republic of Ireland.
   4. Biz Midlands is not liable for any loss or damage caused to the customer by problems relating to integrated card payment solutions. We do not allow any external software to be used in conjunction with our software or epos system.

   General Terms and Conditions of Trading with Biz Midlands

   1. Parties to the Contract
   1. “Customer” is the person who accepts a quotation of the Company for the sale of the Goods or whose order for the Goods is accepted by the Company. The customer is responsible for reading and agreeing our terms and conditions as they will form the basis of the contract of purchase and service agreement.
   2. “The Company”, “Biz Midlands”, Biz Midlands Ltd. Biz Midlands are responsible for providing a purchase and service that meets the agreements within the terms and conditions. Our registered office is 24-26 Regents Place, Birmingham, West Midlands, B1 3NJ. Our company registration number is 10584700.
   2. Choosing a product from Biz Midlands
   1. The Company shall sell and the Customer shall purchase the Goods in accordance with any written quotation of the Company which is accepted by the Customer, or any written order of the Customer which is accepted by the Company, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Customer. No variation to these Conditions shall be binding unless previously agreed in writing between the authorized representatives of each of the Customer and the Company.
   2. The Company shall provide information about our products and services to help inform the basis of the purchase.
   3. If requested by the Customer, the Company may provide a demo of our software free of charge if the customer desires to help inform the customer of the purchase. We advise all our customers to check our software before and check its functionalities. Under no circumstances will we change/adjust or modify our software to suit the needs of the customer.
   4. It is the responsibility of the customer entirely to ensure that the hardware and software products they are purchasing meet their requirements.
   5. The Company will provide a written quotation on request. This quotation is a guideline price and does not form the basis of any contract between the Customer and the Company.
   6. Any advice or recommendation given by the Company or its employees or agents to the Customer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by the Company is followed or acted upon at the Customer’s own risk, and accordingly the Company shall not be liable for any such advice or recommendation which is not so confirmed.
   7. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice, website or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
   3. Purchasing from Biz Midlands
   1. These Terms and Conditions are available on our website.
   2. It is the customer’s responsibility to read and agree to the terms and conditions prior to making payment.
   3. All product pricing is provided in “good faith”. Written quotations will usually be valid for 30 calendar days from issue, however, some offers and discounts are subject to shortened timeframes. Where this is the case, the customer will be advised by Biz Midlands employees and/or in Biz Midlands sales literature.
   4. All prices Biz Midlands quotes are inclusive of VAT.
   5. Any packages provided by Biz Midlands and their prices are subject to change at any time without notice.
   6. Once a payment has been received the contract between Biz Midlands and the Customer is in force.
   7. Biz Midlands may record phone calls for training purposes.
   4. Internet
   1. Our hardware and software require a reliable and robust connection to the internet to take advantage of all the online features and benefits.
   2. It is the customer’s responsibility to ensure that they have an appropriate internet connection in place prior to installation and to also ensure that the internet connection is maintained correctly.
   3. Our recommended internet speeds are a minimum 7Mbps download speed and 0.6Mbps upload speed.
   4. Internet speeds and consistencies can be checked by using internet speed test websites or contact your internet service provider.
   5. Whilst Biz Midlands employees may provide advice and an indication of the suitability of the Customer’s internet connection, it remains the Customer’s responsibility to ensure they have a suitable internet connection both before and after an order is placed.
   6. Biz Midlands cannot be responsible for any slow responses to our system that is caused by poor internet connection.
   7. Biz Midlands cannot be held liable for any loss or damages incurred to the Customer caused by loss of service due to server downtime on any of our cloud based solutions. Any loss incurred to the Customer is of no responsibility to Biz Midlands.
   5. Buy Outright
   1. Biz Midlands offers customers the option to buy systems by paying the whole upfront cost of the equipment at the point of purchase.
   2. Ownership and use of the equipment is as specified according to these terms and conditions.
   3. At time of placing an order under the buy outright scheme, Biz Midlands will advise the Customer of any upfront costs.
   4. Customers ordering systems on the buy outright scheme will own any hardware once they have completed purchase of the systems in accordance with these terms and conditions.
   5. In order to complete purchase of the systems, the customer must pay the full upfront cost for any equipment, software and other services provided as specified on their invoice, and also read, agree to and sign a copy of these terms and conditions.
   6. All systems purchased with Biz Midlands will come with a period of free hardware and software support (one month from the actual installation date) which will be specified in the customer’s invoice.
   7. Once the free support period has ended, the customer will be notified by Biz Midlands about the two support packages available to them once the free support period is over. It is in the best interest of the customer to decide which support plan they wish to have. If the customer wishes not to sign up to the support plans they must  notify Biz Midlands14 days before the free support ends that they do not wish to continue with any support. If the customer doesn’t notify us or we do not hear from them, we will automatically assume that they do not wish to sign up to the support plan.
   8. If the customer wishes to notify Biz Midlands that they do not wish to continue with support they must send written confirmation by email to contact@bizmidlands.com.
   9. If the customer is enrolled onto a support agreement, the customer agrees that Biz Midlands will keep the customer enrolled on this agreement on an ongoing basis and the customer will keep an active support plan to receive hardware and software support.
   10. The customer does not hold Biz Midlands responsible for any defaults or claims arising out of use of the equipment.
   11. The upfront cost does not include any ongoing services or consumables (unless otherwise agreed) but these are available on request, at a charge.
   12. It is the customer’s responsibility to insure the equipment, and any injuries or damages caused to any person or property is the responsibility of the customer.
   6. Lease
   1. The Lease Agreement contract allows the customer to lease the equipment for the term stated in the agreement.
   2. These services have a upfront cost and a fee, which is charged monthly, with a minimum contract length of 12 calendar months.
   3. At time of placing an order for leased equipment, Biz Midlands will advise the Customer of the leasing period, and the fee for leasing during this period.
   4. On acceptance of an order, a deposit will be taken per terminal will be taken in addition to the first month’s leasing fee.
   5. If the leasing period is for greater than one month the subsequent payments are due in 1 month intervals, starting from the first date of the leasing period.
   6. It is the customer’s responsibility to document, and provide back to Biz Midlands, any defects in the cosmetic condition of the equipment within the first 24 hours of receiving the goods.
   7. Biz Midlands remains the owner of the equipment at all times. At the end of the initial lease period, the customer is eligible to extend the lease period for another 12 months or more. This is at the discretion of Biz Midlands and the customer.
   8. If the equipment is returned damaged beyond the value of the deposit, Biz Midlands retains the right to invoice the customer for the amount additional to the deposit. The customer must pay this charge within 14 days of receiving the invoice.
   9. If the customer cancels the contract within the leasing period they must return any hardware they have received and pay the remaining balance of the leasing contract (calculated by multiplying the number of months outstanding by the monthly fee) in addition to any cancellation fees. This must be paid upfront and in full.
   10. The Customer is at all times responsible for ensuring timely payments to avoid default charges. Biz Midlands reserves the right to charge up to £5 (ex VAT) for each day that payment is overdue.
   11. The Customer does not hold Biz Midlands responsible for any defaults or claims arising out of use of the equipment.
   12. The equipment leasing fee does not include any ongoing services or consumables but these are available on request, at a charge.
   13. The Customer is responsible for informing Biz Midlands of any changes to their contact details.
   14. Once the initial lease period comes to an end, the customer will automatically be
       enrolled onto another agreement for an additional 12 months unless the customer advises Biz Midlands in the 30 days before the end of the contract that they do not wish to continue. If the customer continues payments will either remain the same or the customer can instead be signed up to a hardware and software support plan at the price specified in this agreement.
   15. If the customer wishes to notify Biz Midlands that they do not wish to continue with the contract hey must send written confirmation by email to contact@bizmidlands.com 14 days before the end of the contract, notification in any other way will be not be accepted to cancel the contract.
   16. It is the customer’s responsibility to insure the equipment, and any injuries or damages caused to any person or property is the responsibility of the customer.
   7. Support Plan- All epos customers will be given one month free epos support. We recommend that after that period you sign up to one of our support plans below. If you do not have a support plan in place, you will receive support during normal office hours (Mon-Saturday 10am-5pm). Sunday closed. 
   1. Biz Midlands offers two optional Support Plans: Standard Support Plan and Instant Support plan which covers software only. The Instant Support Plan is a PAY AS YOU GO service which Biz Midlands provides for those who do not have the Standard Support Plan.
   2. Customers can upgrade to a Support Plan by contacting Biz Midlands Ltd via phone or email.
   3. Software Support is currently charged at £20 (inc VAT) pcm or per system covered. Hardware and Software support combined is £40 pcm (inc VAT) per system.
   4. Customers who wish to access the Instant Support Plan will be charged an hourly rate of £45 per hour. This will be invoiced once the support has been provided. All invoices for the Instant Support Plan must be paid and cleared before any additional support is provided. Biz Midlands will refuse service to anyone who does not have the appropriate Support Plan in place.
   5. By signing up to a Support Plan the Customer is agreeing to these terms and conditions.
   6. Engineer call outs are not covered in any of our support plans.
   7. When the Customer signs up for the Standard Support Plan they will be required to pay monthly. Payments will be taken in advance.
   8. Where the Customer chooses to pay monthly they must provide recurring payment details either through direct debit or a credit or debit card.
   9. Monthly payments are due each month, on the same day of the month the plan was purchased.
   10. Biz Midlands will attempt, through their payment providers, to take the payment each month. Where payments fail Biz Midlands will attempt to take the payment again.
   11. If a payment fails Biz Midlands will cease providing support until payments continue, and missed payments are received in full.
   12. If the customer wishes to cancel their Support Plan mid-way through the one-year contract they will be liable to pay a charge calculated by multiplying the number of months remaining on the contract by their monthly payment in addition to any cancellation fees. This must be paid upfront and in full.
   13. Biz Midlands reserves the right to change the prices of its support packages at any time without notice
       
       8. Support Plan Hours
   1. Software & Hardware Support includes the following:
      1. Access to the Biz Midlands Support Team during the hours (UK time) of 10am-8pm Monday-Friday and 12pm-8pm Saturday, excluding public holidays (subject to change). Sunday- Closed. We are not available outside these hours.
   2. Hardware and Software Support includes everything within the Software Support plan and access to our replacement Service.
   11. Hardware and Software Support
   1. 1. If the customer is paying for hardware support, they are entitled to replacements of faulty hardware under the replacement service.
      2. In the event of any fault occurring with any hardware covered by the replacement service, Biz Midlands can arrange for replacement or repair of the faulty hardware within 5 working days of collecting and testing of the original equipment (subject to availability). Biz Midlands cannot be held liable for any loss or damage to the customer during this time due to any downtime of the EPOS system.
      3. Biz Midlands will only replace faulty hardware after inspection and testing by the technical support team and is not obliged to replace any hardware which the customer has self-diagnosed as being defective.
      4. Biz Midlands will not dispatch replacement items to the customer until after collection and testing of the original item.
      5. The goods provided as replacements will be either new or ‘as new’ and may be provided for a temporary period.
      6. Once the faulty hardware has been collected, Biz Midlands reserves the right to rectify the fault and reissue the same hardware back to the customer.
      7. If it is deemed by Biz Midlands that the fault is not hardware related after inspection of the item by Biz Midlands technicians, Biz Midlands reserves the right to charge the customer for the item to either be repaired or replaced.
      8. The replacement service is only valid for addresses inside the UK.
      9. The replacement service is subject to a fair use policy of a maximum of 2 replacements per calendar year.
      10. The replacement service does not cover waiter tablets provided alongside an EPOS system unless specifically defined in the contract.
      11. Biz Midlands reserves the right to charge an excess fee of up to £200 for replacement with a newer model of any EPOS terminal, touch screen or base unit which is no longer available at the time of replacement.
      12. Biz Midlands cannot be held liable for any loss or damage to the customer due to faults occurring with any of its hardware.
          
          9. Setup and Training
   1. When Biz Midlands supplies an EPOS system to a customer, Biz Midlands agrees to setup the system fully and comprehensively. This setup includes:
      1. Installation of EPOS Software
      2. Setup of User Account
      3. Menu Programming
      4. Entering Products and Prices
      5. Importing Products and Prices
   2. Biz Midlands agrees to provide full training to the customer on how to use the system once the customer’s system has been delivered. Training will be provided to one member of staff who is full time. We ask the management to source the individual to be trained before we begin the training.
      1. Training is limited to a maximum of 4 hours in order to prevent abuse.
      2. Training will only be provided within 30 days of a customer receiving their system unless the customer is covered by a valid support package.
      3. Additional training for staff members, managers or owners will be charged at £45 per hour.
         
         10. Delivery
   1. Biz Midlands will take all reasonable steps to make sure EPOS systems are delivered on the agreed delivery date. However, Biz Midlands is not liable for any loss or damages to the customer by any delay in delivery by any cause outside of our control, including adverse weather, busy work schedule or traffic.
   2. Any collection of goods from a customer’s premises (whether belonging to Biz Midlands or the customer) will remain the responsibility of the customer whilst in transit. Biz Midlands reserves the right to charge for any damage to equipment due to poor or improper packaging on the part of the customer.
   3. Should a customer request a delivery for their product, It is the responsibility of the customer to provide Biz Midlands with the correct address, email and mobile number. Biz Midlands is not liable for the loss of any items delivered to the wrong address as a result of incorrect details being provided by the customer.
   4. It is the responsibility of the customer to have an appropriate person available to sign for the delivery. All deliveries must be signed for.
   5. In case an item needs to be returned for any reason, original packaging may provide a better protection for the product during transportation. If an item is damaged in transit due to poor packaging by the customer then Biz Midlands reserves the right to charge for this.11. Hardware Warranty
   1. Any new hardware purchased directly from Biz Midlands, and manufactured by Biz Midlands, is warranted against manufacturing defect for the period of one year from the date of delivery of the goods. This is the “Limited Warranty” period for this product.
   2. Exclusions from this Warranty:
      1. Any “third-party hardware” is not covered by a warranty from Biz Midlands. Third-party hardware is any hardware not manufactured by Biz Midlands, or any hardware which is not branded as “Biz Midlands”.
      2. The warranty does not apply to the software and customer induced damages or circumstances, such as but not limited to:
         1. The product has been tampered with, repaired and/or modified by non-authorised personnel;
         2. The warranty seals have been broken or altered;
         3. Damage (accidental or other) to the product that is cosmetic, meaning damage that does not impact the operation and functioning of the product, such as but without limitation to rust, change in colour, texture or finish, wear and tear and gradual deterioration;
         4. Damage to the product caused by war, terrorism, fire, accident, natural disasters, intentional or accidental misuse, abuse, neglect or improper maintenance, use under abnormal conditions, accidental drops, spills, or power surges:
         5. Damage to the solution caused by improper installation, connection or malfunction of a peripheral device such as a printer, optical drive, network card, or USB device
         6. Damage to the product through neglect to protect the hardware from viruses
         7. Damage to the product caused by an external electrical fault or an accident
         8. Fraud, theft, unexplained disappearance or wilful acts:
         9. Liquid/fluid damage or contamination of any kind
         10. Damage caused by user error such as malware, uninstallation, other programs, mistreatment or any software problems that are caused by use of anything other than Biz Midlands software
      3. Biz Midlands is not liable to provide any additional support in relation to the warranty as above without a valid support contract being in place with the customer.

Terms & Conditions – Website Development

The following terms and conditions apply to all website development / design services provided by Biz Midlands Web Design to the Client.

1. Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

2. Payment & Charges

Charges for services to be provided by Biz Midlands Web Design are defined in the project quotation that the Client receives via e-mail and/or in writing. Quotations are valid for a period of 60 days. Biz Midlands Web Design reserves the right to alter or decline to provide a quotation after expiry of the 60 days.

Unless agreed otherwise with the Client, all website design services require an advance deposit (50%) percent of the project quotation total before we are able to begin (all deposits are non-refundable). The remainder will be payable upon completion of the work. Biz Midlands will not make any website live before the outstanding balance has been settled in full. Under some exceptional circumstances, we may give customers the benefit of the doubt and make their website live before the outstanding balance has been settled. In such rare circumstances, we will give the customer a period of 30 days to clear the outstanding balance. If it is not cleared within that period, we will suspend all website services until the outstanding balance is cleared fully. Customer will also be liable to pay an administrative charge of £50 on top of the outstanding balance.

All websites will be subject to annual/monthly fees to cover hosting, domain, SSL, data back up and Malware scan. Fees will be discussed upon completion of the project. We urge customers to sign up monthly rather than pay hosting fees yearly as there are various administrative charges applicable if customer fails to renew hosting when invoice is sent out.

All hosting invoices MUST be paid within 28 days of receipt. If the payment is not cleared within 28 days, all services will be suspended. Should you wish to resume services then you will be required to pay the outstanding hosting fees and an additional £50 to cover administration charges. Under no circumstances will we resume services without the hosting fees and any outstanding balances being settled in full.

Customers who pay monthly hosting fees will have their money debited from their account on the date that they agreed. If the monthly payment is cancelled or ceased at any time without any pre-arranged agreement or advance notice, we will suspend all website services. These services will only re-commence once any outstanding fees have been cleared in full and a new monthly payment is set up.

Payment for services is due by cash, cheque or bank transfer. Cheques should be made payable to Biz Midlands Ltd and sent to 24-26 Regents Place, Birmingham, West Midlands, B1 3NJ. Bank details will be made available on invoices.

In the event of a customer going absent after paying a deposit for a website for a period of more than 6 months, they will lose their website and any monies paid to Biz Midlands. If the customer returns after the absent period, they will be given a new quotation and the project will be started from scratch. Refunds will not be provided in any circumstance.

3. Client Review

Biz Midlands Web Design will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Biz Midlands Web Design otherwise within ten (10) days of the date the materials are made available to the Client. Once the website is live, any further amendments or changes will incur a charge of £45 per hour. This will be payable once the updates or amendments have been made. An invoice with the total costings will be sent to the customer to be fully cleared within 28 days. Should the payment not be cleared within that period, all website services will be suspended.

WE REFUSE TO SERVE CUSTOMERS WITHOUT ANY PRIOR NOTICE OR REASON. WE ALSO SERVE THE RIGHT TO DISCONTINUE A PROJECT OR END A PROJECT IF IT BREACHES OUR TERMS AND CONDITIONS. IN SUCH CASES PARTIAL OR FULL REFUNDS WILL BE PROVIDED AND CUSTOMER WILL BE NOTIFIED ACCORDINGLY.

4. Turnaround Time and Content Control

Biz Midlands Web Design will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Biz Midlands Web Design receiving initial payment, unless a delay is specifically requested by the Client and agreed by Biz Midlands Web Design. All projects will be completed within a 60 day period unless otherwise agreed with the customer. If customer fails to comply with this and fails to communicate with Biz Midlands Web Design regarding the website, the project will be suspended and deemed complete. Any deposits or payments made will be non-refundable and the project will be re-started as a new project.

With any website project carried out by Biz Midlands Web Design, the Client agrees to delegate a single individual as a primary contact to aid Biz Midlands Web Design with progressing the project in a satisfactory and expedient manner.

During the project, Biz Midlands Web Design will require the Client to provide website content; text, images, movies and sound files etc. to populate the website. We will not start any website project unless the raw materials i.e. content, images, logos etc. is provided by the customer. Images and content provided by customers should be from reputable sources and should not be copy righted. Biz Midlands Web Design will not be held responsible for the supply and usage of any copyrighted images that the customers provide. The customer must have the legal authority to use images and content for their website. Once we receive content, images and logo and the initial deposit for the website, we will commence work. If customers want Biz Midlands Web Design to source images and write content, there will be an hourly charge of £45.

5. Failure to provide required website content:

Biz Midlands Web Design is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information at least one (1) week prior to the agreed completion date. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.

If you agree to provide us with the required information and subsequently fail to do before the agreed time, one (1) week prior to the project completion date we reserve the right to close the project and the balance remaining becomes payable immediately. Please see condition 4.

NOTE: Text content should be delivered as a Apple Pages, Microsoft Word, pdf file, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.

6. Additional Expenses

Client agrees to reimburse Biz Midlands Web Design for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, plugins etc.  This payment will be required prior to the purchase of the additional required materials.

7. Web Browsers

Biz Midlands Web Design makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Microsoft Edge, Google Chrome, etc.).  The client agrees that Biz Midlands Web Design cannot guarantee correct functionality with all browser software across different operating systems.

Biz Midlands Web Design cannot accept responsibility for web pages which do not display acceptably in obselete version or new versions of browsers released after the website have been designed and handed over to the Client. As such, Biz Midlands Web Design reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

8. Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Biz Midlands Web Design’s Web space, Biz Midlands Web Design will, at its discretion, remove all such material from its web space. Biz Midlands Web Design is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay Biz Midlands Web Design reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Biz Midlands Web Design in enforcing these Terms and Conditions.

9. Termination

Termination of services by the Client must be requested in a written notice or email and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing or email. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

10. Indemnity

All Biz Midlands Web Design services may be used for lawful purposes only. You agree to indemnify and hold Biz Midlands Web Design harmless from any claims resulting from your use of our service that damages you or any other party.

11. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Biz Midlands Web Design the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Biz Midlands Web Design permission and rights for use of the same and agrees to indemnify and hold harmless Biz Midlands Web Design from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Biz Midlands Web Design that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

12. Standard Media Delivery

Unless otherwise specified in the project quotation, this agreement assumes that any text will be provided by the Client in electronic format (text files delivered on USB drive or via e-mail or FTP) and that all photographs and other graphics will be provided in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Biz Midlands Web Design to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.

13. Design Credit & Hosting

A link to Biz Midlands Web Design will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 20% of the total development charges will be applied. When total development charges are less than £500, a fixed fee of £200 will be applied. The Client also agrees that the website developed for the Client may be presented in Biz Midlands Web Design’s portfolio. Biz Midlands Web Design will not host its websites or accepting hosting its websites on anyone else server. All our websites are hosted on our dedicated server and this is something that we will never compromise. If a customer wants to move away from Biz Midlands Web Design, host their website with another provider or wants to purchase the website outright from us, there will be substantial costs involved. These can be discussed if or when the need arises. Under no circumstances will we provide C-panel details to anyone without any prior agreement.

14. Access Requirements

If a client wishes to have access to the backend of the website we are more than happy to do so. We will provide standard access to customers who want to make changes to their website. Biz Midlands Web Design will not be held responsible should anything go wrong with the website after we have given access to customers. Access will only be provided to customers whose website project costs exceed £500.

15. Post-Placement Alterations

Biz Midlands Web Design cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

16. Domain Names

Biz Midlands Web Design can purchase domain names on behalf of the Client.  Payment and renewal of those domain names is the responsibility of the Biz Midlands Web Design. The loss, cancellation or otherwise of the domain brought about by non or late payment by the client is not the responsibility of Biz Midlands Web Design. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

17. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s acceptance via email, text  or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

18. Governing Law

This Agreement shall be governed by English Law.

19. Liability

Biz Midlands Web Design hereby excludes itself, its Employees and or Agents from all and any liability from:

Loss or damage caused by any inaccuracy;

Loss or damage caused by omission;

Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;

Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Biz Midlands Web Design to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

20. Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid clause.

Terms & Conditions – Online Food Ordering

If you have any queries relating to these terms and conditions please contact us via email, contact@bizmidlands.com. If you do not accept any of these terms and conditions, we urge you not to use our service.

1. About Us
   Biz Midlands Online Ordering System is operated by Biz Midlands Ltd (“we” or “us” or “Biz Midlands”), incorporated and registered at Office 24-26 Regents Place, Birmingham, West Midlands, United Kingdom, B1 3NJ Company Number 10584700.
2. Purpose
   The purpose of our online ordering system is to provide a simple and convenient service to you, linking your Restaurant/Takeaway menu on your website allowing your customers to order meals online in a few simple steps. We can also provide each restaurant/takeaway with their own collection and delivery discounts. Payments can be taken securely via trusted payment platforms such as Stripe or PayPal. Customers using the online services also have the option of paying by cash for delivery and collections.
3. Contract.
   The contract for Biz Midlands Online Ordering system is between ‘us’ ‘Biz Midlands’ and the ‘Customer’ ‘Restaurant’ or ‘Takeaway’. It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
4. Price and Payment
   The price of our online ordering system is dependent on the menu size and product options. Prices include VAT. Prices will vary between customers individual menu’s and are liable to change at any time. Unless agreed otherwise with the Client, Biz Midlands Online Ordering System require an advance deposit (50%) percent of the quotation total before we are able to begin (all deposits are non-refundable). The remainder will be payable upon completion of the work and once the online ordering system is delivered. Biz Midlands will not make any Online Ordering System active until the outstanding balance has been settled in full.
5. Maintenance
   To ensure the efficient running of Biz Midlands Online Ordering System customers will be required to pay a set monthly fee of £20 to cover hosting, maintenance, domain, SSL, data back up and Malware scan. This is a mandatory payment for all Biz Midlands Online Ordering System and MUST be set up before the Online Ordering System goes live. If a Client accepts a quote then the Client will be deemed to have satisfied themselves to accepting the mandatory monthly payment. If for whatever reason, customer refuses to set up the monthly payment or cancels the monthly payment once it’s operational, we will suspend the online ordering system without any notice. We will ONLY make the online ordering website live once the monthly payment is set up or if cancelled when it is resumed again. Monthly maintenance charges (£20) for Biz Midlands Online Ordering System will be applicable for the lifetime of the online ordering system. Under no circumstances will we provide our Online Ordering System without the MANDATORY monthly maintenance plan in place. The monthly fee of £20 will be reviewed annually.Maintenance – If there are any issues with the online ordering we will endeavour to fix this straight away. Please understand that some repairs may take longer than normal due to the nature of the issue. Hours of maintenance are 10am-8pm Monday-Friday and 1pm-8pm Saturday, excluding public holidays (subject to change). Sunday – Closed.
   
   6. Turnaround Time and Content Control
   All Biz Midlands Online Ordering projects will be completed within a 2-3 week period unless otherwise agreed with the customer. It is the responsibility of the customer to provide raw materials for the website during the agreed time scale. If customer fails to comply with this and fails to communicate with Biz Midlands regarding the Online Ordering System Project, the project will be suspended and deemed complete. Any deposits or payments made will be non-refundable and the project will be re-started as a new project should the customer wish Biz Midlands to continue with the project.

With any Biz Midlands Online Ordering Systems, the Client agrees to delegate a single individual as a primary contact to aid Biz Midlands with progressing the project in a satisfactory and expedient manner.

During the project, Biz Midlands will require the Client to provide website content; text, images, movies and sound files etc. to populate the online ordering website. We will not start any Online Ordering project unless the raw materials i.e. content, images, logos etc. is provided by the customer. Images and content provided by customers should be from reputable sources and should not be copy righted. Biz Midlands will not be held responsible for the supply and usage of any copyrighted images that the customers provide. The customer must have the legal authority to use images and content for their website. Once we receive content, images and logo and the initial deposit for the Online Ordering System, we will commence work. If customers want Biz Midlands to source images and write content, there will be an hourly charge of £45.

Customers are required to provide a PDF copy of their FINAL menu, Delivery and Collection charges, Coverage Areas and Stripe/PayPal log in details in advance. We will not accept hard copies or copies of the menu taken with a phone. If customers wish to add any additional items on the menu or options once we have inputted the menu on the Online Ordering platform, this will be done once the Online Ordering System goes live. If there are too many changes or updates, we will charge an hourly rate of £45 to update the menu. Similarly, we charge £50 per menu update after the online ordering website goes live. This is not covered by your monthly maintenance fee (£20). Please give us plenty of notice if you want your menu on the Online Ordering System updated after it is live

Customers will have one review and menu check before the Online Ordering System goes live. Once the Online Ordering System is live, menu updates and website updates will be charged at £45 per hour. Payments will be invoiced to be cleared within 28 days. If the full outstanding balance is not settled, Biz Midlands will suspend the Online Ordering System without prior notice. If a customer wishes to re-active their services, there is an additional administration charge of £50 on top of the outstanding balance.

     7. Software & Online Ordering Website
Biz Midlands Online Ordering system and Website has been carefully designed and developed over many years. We have taken into consideration customer feedback and have designed it to the best of our ability to ensure that it is safe, practical and efficient. Biz Midlands Online Ordering Website is offered to each customer with a 10’ tablet and 80mm printer. The standard Online Ordering Website cannot be changed, updated or customised according to customer requests. We feel that it serves the purpose it was built for and will not be changed under any circumstance. From time to time, we may consider updating but this will be at our discretion.

Customisation of the standard ordering website will incur substantial charges and time so we have priced the website and online ordering system accordingly. At the customer’s request we are able to change the logo, add pictures and content to the standard online ordering website and nothing more.

The software, interfaces, content, fonts, documentation and any data that came with your Biz Midlands license as may be updated or replaced by software updates or system restore software provided by Biz Midlands whether in read-only memory, on any other media or in any other form are licensed, not sold, to you by Biz Midlands LTD for use only under the terms of this License.

Biz Midlands retain ownership of the online ordering software itself and reserve all rights not expressly granted to you. Biz Midlands, at its discretion, may make available future updates to the software for your online ordering software.

The customer shall not use the tablet provided for any other purpose then what it is intended for. Biz Midlands shall not be liable for any loss or damage sustained or incurred by the customer or any third party through loss or spoiling of data resulting from any maintenance activity by Biz Midlands required or performed under this Agreement. Biz Midlands will use reasonable endeavours to put right any such loss of data or programs but reserves the right to charge for such.

The customer remains totally responsible to have adequate virus protection to all parts of the system. Any additional software which is downloaded by the customer on the tablet which is not already pre-installed on your system is done at the customers’ own risk.

     8. Hardware
Hardware supplied by Biz Midlands including Tablet and Printer come with 12 months standard warranty. If anything happens to the hardware within that period, we will repair it or replace it. In the event of any fault occurring with any hardware within the warranty period, Biz Midlands can arrange for replacement or repair of the faulty hardware within 5 working days of collecting and testing of the original equipment (subject to availability). Biz Midlands cannot be held liable for any loss or damage to the customer during this time due to any downtime of the Online Ordering System or business itself.

Biz Midlands will only replace faulty hardware after inspection and testing by the technical support team and is not obliged to replace any hardware which the customer has self-diagnosed as being defective. Biz Midlands will not dispatch replacement items to the customer until after collection and testing of the original item. The goods provided as replacements will be either new or ‘as new’ and may be provided for a temporary period. Once the faulty hardware has been collected, Biz Midlands reserves the right to rectify the fault and reissue the same hardware back to the customer. If it is deemed by Biz Midlands that the fault is not hardware related after inspection of the item by Biz Midlands technicians, Biz Midlands reserves the right to charge the customer for the item to either be repaired or replaced.

The replacement service is subject to a fair use policy of a maximum of 1 replacement per calendar year. Biz Midlands reserves the right to charge an excess fee of up to £180 for replacement with a newer model of any Tablet or Printer. Biz Midlands cannot be held liable for any loss or damage to the customer due to faults occurring with any of its hardware. Biz Midlands cannot be held liable for any damage caused to our hardware due to negligence, accidental damage and faults arising from poor electrical connections.

      9. Web Browsers

Biz Midlands Online Ordering Website makes every effort to ensure that its website is designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Microsoft Edge, Google Chrome, etc.).  The client agrees that Biz Midlands Online Ordering Website cannot guarantee correct functionality with all browser software across different operating systems.

Biz Midlands cannot accept responsibility for web pages which do not display acceptably in obsolete version or new versions of browsers released after the website have been designed and handed over to the Client. As such, Biz Midlands reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

10. Internet
    Our hardware and software require a reliable and robust connection to the internet to take advantage of all the online features and benefits. It is the customer’s responsibility to ensure that they have an appropriate internet connection in place prior to installation and to also ensure that the internet connection is maintained correctly.

Our recommended internet speeds are a minimum 10Mbps download speed and 1.0Mbps upload speed. Internet speeds and consistencies can be checked by using internet speed test websites or contact your internet service provider.

Whilst Biz Midlands employees may provide advice and an indication of the suitability of the Customer’s internet connection, it remains the Customer’s responsibility to ensure they have a suitable internet connection both before and after an order is placed.

Biz Midlands cannot be responsible for any slow responses to our system that is caused by poor internet connection.

Biz Midlands cannot be held liable for any loss or damages incurred to the Customer caused by loss of service due to server downtime on any of our cloud based solutions. Any loss incurred to the Customer is of no responsibility to Biz Midlands.

11. Maintenance & Support
Once a customer signs up to our Online Ordering monthly payment plan they will receive hardware and software support. This includes the following:

Access to the Biz Midlands Support Team during the hours (UK time) of 10am-8pm Monday-Friday and 1pm-8pm Saturday, excluding public holidays (subject to change). Sunday – Closed.

We can also provide customers with our out of hour’s customer support line. This will be charged at premium rate.

12. Our Liability
    To the extent permitted by law, Biz Midlands Online Ordering System provides our service and content on an “as-is” and “as available” basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our service, or that it will be timely or error-free or that all defects will be corrected. Subject as provided below, neither Biz Midlands Online Ordering nor any partner/non-partner restaurants/takeaways shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Service.
13. Events Outside of Our Control
    No party shall be liable to the other for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control including, without limitation, any of the following: Act of God, Governmental Act, War, Traffic, Fire, Flood, Explosion, or a Circumstantial or Civil Commotion.
14. Waiver
    Neither you, Biz Midlands Ltd nor the partner/non-partner restaurant shall be responsible to the others for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control including, without limitation, any of the following: Act of God, Governmental Act, War, Traffic, Fire, Flood, Explosion, Circumstantial or Civil Commotion.
15. Severability
    If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.
16. Entire Agreement
    These terms contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.
17. Our right to Vary our Terms and Conditions
    Biz Midlands may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding to you.
18. Law and Jurisdiction
    These terms of use 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) shall be governed by and construed in accordance with the law of the England and Wales.
19. Returns
    If for any reason our tablet/printer is returned because the customer is not happy with our product/service, we will provide partial refund of any amount that is paid to us. The partial refund will cover our postage, SSL certificate, domain and the amount of time we have spent on completing the project. Our charges will be deducted from what the customer has already paid for the online ordering. Biz Midlands will deduct the charges from what has been paid by the customer and the remainder transferred to the customer via bank transfer. We will never provide customers with full refund.

Suspension of Services by Biz Midlands:

Biz Midlands reserves the right to suspend any of our services immediately based on the following reasons, in accordance with our policies and terms of service:
Suspicious Activities: If we detect any suspicious or potentially harmful activities associated with your account, we may suspend your services to protect the security and integrity of our platform and the data of other users.

• Payment and Fraud: In cases of suspected fraudulent or unauthorized payments, we may permanently suspend your services while we investigate the matter to ensure the financial security of our customers and our business.
• Invoice not paid on time: Failure to make timely payments for services rendered may result in the suspension of your account. We encourage prompt payment to avoid any disruption to your services.
• Payment overdue for longer than 28 Days: If your outstanding balance remains unpaid for an extended period exceeding 28 days, we may suspend your services until the outstanding payments are settled in accordance with our billing terms.
• Illegal Use of our Product or Service: Any illegal or unauthorized use of our products or services will result in the immediate suspension of your account. We are committed to upholding legal and ethical standards.
• Unacceptable Behaviour or Racism: We do not tolerate any form of unacceptable behaviour, including but not limited to harassment, discrimination, or racism. Any such behaviour will result in the immediate suspension of your service as we strive to maintain an inclusive and respectful community.

Please note that any suspension of services will be undertaken in accordance with our internal procedures, and we will make every effort to communicate with you regarding the reasons for suspension and any necessary steps to resolve the issue.
We advise all customers to familiarize themselves with our terms of service and policies to ensure compliance and avoid any interruptions in the use of our services.
If you have any questions or concerns about the suspension of services, please do not hesitate to contact our customer support team for assistance.