Terms and conditions

General terms and conditions

This site is owned and operated by Vivus Solutions Ltd, of PO Box 9158, Dorchester, Dorset DT1 9HJ. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at sales@vivus.solutions

  1. The contract between us

    All our materials are made to order. We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods, represents an offer on your part to purchase the goods, accepted of which will only when payment confirmation has been sent to you by us - only at this point is there a legally binding contract created between us.

  2. Acknowledgement of your order

    To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your payment /order and to confirm details.

  3. Ownership of rights

    All rights, including copyright, in this website are owned by or licensed to Vivus Solutions Ltd. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.

  4. Accuracy of content

    We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.

  5. Damage to your computer

    We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

  6. Availability

    All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.

  7. Ordering errors

    You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.

  8. Price

    The prices payable for goods that you order are as set out on our website. All prices are exclusive of VAT at the current rates (20%) and are correct at the time of entering information.


    Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, and offer to sell you the goods of the specification and description at the price stated in the email and will state in the email the period for which the offer or the price remains valid.

  9. Payment terms

    We will take payment upon receipt of your order from your credit or debit card. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.

  10. Delivery charges

    Delivery charges vary according to the type of goods ordered.

  11. Delivery

    1. Our delivery charges are set out in your order in our website.

    2. You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations.

    3. Please note that we are only able to deliver to addresses within the United Kingdom, but excluding the Isle of Wight, the Isle of Man, the Scottish Isles, parts of Scotland, Northern Ireland and the Channel Isles. Unless by prior arrangment.

    4. We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed and therefore time is not of the essence. In any event, we will aim to deliver your goods within 30 days from the day after the day we received your order. If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative date, or offer you a full refund.

    5. You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

  12. Risk and ownership

    Risk of damage to or loss of the goods passes to you at the time of delivery to you. If you choose to use your own courier then the risk passes to you as soon as the goods are handed to your courier. You will only own the goods once they have been successfully delivered.

  13. Cancellation rights

    1. Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which you receive your goods (with the exception of any made to order items). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.

    2. Should you wish to cancel your order, you can you can notify us by clear statement in writing to sales@vivus.solutions or PO BOX 9158. Dorchester, Dorset DT1 9HJ

    3. You cannot cancel your contract if the goods you have ordered are bespoke (i.e. made to order).

    4. If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.

    5. Once you have notified us that you are cancelling your contract, and we have either received the goods back or, if earlier, received evidence that you have sent the goods back, we will refund any sum debited by us from your credit or debit card within 14 calendar days.

    6. We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is the result of unnecessary handling by you (for example using or wearing the goods prior to cancellation)

  14. Cancellation by us

    1. We reserve the right not to process your order if:

      1. We have insufficient stock to deliver the goods you have ordered;

      2. We do not deliver to your area; or

      3. One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

    2. If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days.

  15. If there is a problem with the goods

    1. If you have any questions or complaints about the goods please contact us. You can do so at sales@vivus.solutions

    2. We are under a legal duty to supply goods that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).

    3. If you wish to exercise your legal rights to reject goods which do not conform with the Act you must either return them in person to where you bought them, post them back to us, or (if they are not suitable for posting) or allow us to collect them from you. We will pay the cost of postage or collection.

  16. Liability

    1. Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the date on which you ordered them and decide to cancel the order rather than re-arrange delivery (in accordance with clause 11), we will provide you with a full refund.

    2. We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.

    3. Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.

    4. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

    5. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights (e.g. under the Act) relating to faulty and/or mis-described goods.

  17. Notices

    Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and forwarded to both sales@vivus.solutions and sent to PO Box 9158, Dorchester, Dorset DT1 9HJ and all notices from us to you will be displayed on our website from time to time.

  18. Changes to legal notices

    We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.

  19. Law, jurisdiction and language

    This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such
    contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

  20. Invalidity

    If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

  21. Privacy

    You acknowledge and agree to be bound by the terms of our privacy policy. We do not store credit card details nor do we share customer details with any 3rd parties.

  22. Third party rights

    Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

General terms and conditions

This site is owned and operated by Vivus Solutions Ltd, of PO Box 9158, Dorchester, Dorset DT1 9HJ. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at sales@vivus.solutions

The Buyer’s attention is particularly drawn to Clause 14

  1. Definitions

    Seller means Vivus Solutions Ltd of PO BOX 9158, Dorchester, Dorset DT1 9HJ.

    Buyer the person who buys or agrees to buy the Goods/and or Services from the Seller.

    Conditions the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.

    Goods the items which the Buyer agrees to buy from the Seller as set out in the Order.

    Price the price for the Goods, excluding VAT and any carriage, packaging and insurance costs.

    Force Majeure Event has the meaning set out in clause 16.

    Intellectual Property Rights patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

    Goods the Buyer's order for the supply of Goods and/or Services, as set out [the Buyer's purchase order form OR overleaf OR the Buyer's written acceptance of the Seller's quotation OR in the Buyer's purchase order form, or the Buyer's written acceptance of the Seller's quotation, or overleaf, as the case may be].

    Services/Material the services and or materials supplied by the Seller to the Buyer as set out in the Order.

    Seller Materials has the meaning set out in clause 12.1.6.

  2. Conditions

    1. These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods and/or Services, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.

    2. All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services from the Seller pursuant to these Conditions.

    3. Acceptance of delivery of the Goods or commencement of the Services shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.

    4. These Conditions may not be varied except by the written agreement of [a director of] the Seller.

    5. These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.

  3. Price

    The Price shall be the price quoted on the Order.

  4. Payment and Interest

    1. Payment of the Price and VAT shall be due on placing an order. Any other terms by strict prior agreement with the seller

    2. Interest on overdue invoices shall accrue from the date when payment became due calculated on a daily basis until the date of payment at the rate of [8%] per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment.

    3. The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.

  5. Goods

    1. The Goods are described in the Order.

    2. The Seller reserves the right to amend or change the specification of the Goods if required by any applicable statutory or regulatory requirements.

  6. Warranties

    1. The Seller warrants that for a period of 1 month commencing on the earlier of either the date of delivery of the Goods, or the commencement of the Services (Warranty Period), the Goods and/or Services shall:

      1. conform with their description;

      2. be of satisfactory quality with the meaning of the Sale of Goods Act 1979;

      3. be fit for any purpose held out by the Seller; and

      4. be carried out in accordance with the Supply of Goods and Services Act 1982.

  7. Delivery of Goods

    1. Delivery of the Goods shall be made to the Buyer’s nominated delivery address. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller or their nominated carrier for delivery.

    2. The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.

    3. The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer may not reject the Goods but shall accept the Goods delivered as part performance of the contract, and a pro-rata adjustment to the Price shall be made.

    4. If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.

  8. Acceptance of the Goods

    1. The Buyer shall be deemed to have accepted the Goods 1 day after delivery to the Buyer.

    2. The Buyer shall carry out a thorough inspection of the Goods within 1 day and give notice in writing to the seller after discovering that some or all of the goods do not comply with the Warranty above, the Buyer must return the Goods to the Seller at the Buyer’s cost and the Seller shall, at its option, repair or replace any Goods that are defective, or refund the price of such defective Goods.

    3. Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.

  9. Title and risk

    1. Risk shall pass on delivery of the Goods to the Buyer’s nominated delivery address.

    2. Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.

    3. Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.

    4. The Seller may at any time before title passes and without any liability to the Buyer:

      1. repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and

      2. for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.

    5. The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.

  10. Carriage of Goods

    Carriage will be chargeable on all sales. This rate will depend on amounts and location of the order and delivery. The seller will insure (within reason) that the buyer is aware of this rates on conformation of order.

  11. Supply of Services and Materials

    1. The Seller shall provide the Services/Materials to the Buyer.

    2. The Seller shall use all reasonable endeavours to meet any performance dates for the Services/Materials specified in the Order or contract, but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services or materials.

    3. The Seller shall have the right to make any changes to the Services/ Materials which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services or Materials, and the Seller shall notify the Buyer in any such event.

  12. Buyer’s obligations

    1. The Buyer shall:

      1. Ensure that the terms of the Order are complete and accurate;

      2. Co-operate with the Seller in all matters relating to the Services and or Materials;

      3. Provide the Seller, its employees, agents, consultants and subcontractors, with access to the Buyer's premises as reasonably required by the Seller to provide the Services or Materials;

      4. Provide the Seller with such information and materials as the Seller may reasonably require to supply the Services and or Materials, and ensure that such information is accurate in all material respects;

      5. Obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start; and

      6. Keep and maintain all materials, equipment, documents and other property of the Seller (Seller Materials) at the Buyer's premises in safe custody at its own risk, maintain the Seller Materials in good condition until returned to the Seller, and not dispose of or use the Seller Materials other than in accordance with the Seller's written instructions or authorisation.

    2. If the Seller's performance of any of its obligations in respect of the Services is prevented or delayed by any act or omission by the Buyer or failure by the Buyer to perform any relevant obligation (Buyer Default):

      1. the Seller shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Buyer remedies the Buyer Default, and to rely on the Buyer Default to relieve it from the performance of any of its obligations to the extent the Buyer Default prevents or delays the Seller's performance of any of its obligations;

      2. the Seller shall not be liable for any costs or losses sustained or incurred by the Buyer arising directly or indirectly from the Seller's failure or delay to perform any of its obligations as set out in this clause 12.2; and

      3. the Buyer shall reimburse the Seller on written demand for any costs or losses sustained or incurred by the Seller arising directly or indirectly from the Buyer Default.

  13. Intellectual Property Rights

    1. All Intellectual Property Rights in or arising out of or in connection with the Services or Materials shall be owned by the Seller. There is a patent pending on all materials.

    2. The Buyer acknowledges that, in respect of any third party Intellectual Property Rights in the Services and material, the Buyer's use of any such Intellectual Property Rights is conditional on the Seller obtaining a written licence from the relevant licensor on such terms as will entitle the Seller to license such rights to the Buyer.

    3. All Seller Materials are the exclusive property of the Seller.

  14. Limitation of Liability: THE BUYER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

    1. Nothing in these Conditions shall limit or exclude the Seller's liability for:

      1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

      2. fraud or fraudulent misrepresentation;

      3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);

      4. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

      5. defective products under the Consumer Protection Act 1987.

    2. Subject to clause 14.1:

      1. The Seller shall under no circumstances whatever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and

      2. The Seller's total liability to the Buyer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £250.

    3. After the Warranty Period, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

    4. This clause 14 shall survive termination of the Contract.

  15. Termination

    1. Without limiting its other rights or remedies either party may terminate the Contract by giving the other party not less than 1 months' written notice.

    2. Without limiting its other rights or remedies, each party may terminate the Contract with immediate effect by giving written notice to the other party if:

      1. The other party commits a material breach of its obligations under this Contract and (if such breach is remediable) fails to remedy that breach within 7 days after receipt of notice in writing to do so;]

      2. The other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or [(being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply];

      3. The other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors [other than (where a company) for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party];

      4. A petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the other party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of the other party with one or more other companies or the solvent reconstruction of that other party;

      5. The other party (being an individual) is the subject of a bankruptcy petition or order;

      6. A creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within [14] days;

      7. An application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party (being a company);

      8. The holder of a qualifying charge over the assets of the other party (being a company) has become entitled to appoint or has appointed an administrative receiver;

      9. A person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;

      10. Any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 15.2.2 to clause 15.2.9 (inclusive);

      11. The other party suspends, threatens to suspend, ceases or threatens to cease to carry on, all or substantially the whole of its business;

      12. The other party's financial position deteriorates to such an extent that in the Seller's opinion the Buyer's capability to adequately fulfil its obligations under the Contract has been placed in jeopardy; or

      13. The other party (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation.

    3. Without limiting its other rights or remedies, the Seller may terminate the Contract with immediate effect by giving written notice to the Buyer if the Buyer fails to pay any amount due under this Contract on the due date for payment.

    4. Without limiting its other rights or remedies, the Seller may suspend the supply of Services or all further deliveries of Goods under the Contract or any other contract between the Buyer and the Seller if the Buyer fails to pay any amount due under this Contract on the due date for payment, the Buyer becomes subject to any of the events listed in clause 15.2.2 to clause 15.2.13, or the Seller reasonably believes that the Buyer is about to become subject to any of them.

    5. On termination of the Contract for any reason:

      1. the Buyer shall immediately pay to the Seller all of the Seller's outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has yet been submitted, the Seller shall submit an invoice, which shall be payable by the Buyer immediately on receipt;

      2. the Buyer shall return all of the Seller Materials and any Deliverables which have not been fully paid for. If the Buyer fails to do so, then the Seller may enter the Buyer's premises and take possession of them. Until they have been returned, the Buyer shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract;

      3. the accrued rights and remedies of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and

      4. Clauses which expressly or by implication have effect after termination shall continue in full force and effect.

  16. Force Majeure

    1. For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the Seller including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Seller or any other party), failure of a utility service or transport network, act of God, war, terrorism, riot, civil commotion, interference by civil of military authorities, national or international calamity, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, earthquake, epidemic or similar events, or default of suppliers or subcontractors.

    2. The Seller shall not be liable to the Buyer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.

    3. If the Force Majeure Event prevents the Seller from providing any of the Services and/or Goods for more than [NUMBER] weeks, the Seller shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Buyer.

  17. General

    1. Notices

      1. Any notice or other communication given to a party under or in connection with this Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally or sent by prepaid first-class post or other next working day delivery service, or by commercial courier, fax [or e-mail].

      2. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

    2. Waiver. A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

    3. No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, nor constitute either party the agent of another party for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.

    4. Third parties. A person who is not a party to the Contract shall not have any rights to enforce its terms.

    5. This Contract contains the entire agreement and understanding of the parties relating to the subject matter of this Contract and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between the parties, whether written or oral.

    6. Variation. Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions shall be effective unless it is agreed in writing and signed by the Seller.

    7. Governing law. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

    8. Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).

GENERAL DATA PROTECTION REGULATIONS (GDPR) PRIVACY POLICY FOR CLIENTS

Vivus Solutions Ltd seeks to use data on all relevant individuals and groups in strict confidence, as set out in the Data Protection Act and the General Data Protection Regulations (“GDPR”). The term ‘The Company’ refers to Vivus Solutions Ltd, registered address 71-75 Shelton Street, Covent Garden, London WC2H 9JQ

  1. Introduction

    1. The Company collects and processes personal information, or personal data, relating to its clients in order to administer and manage projects effectively. This personal information may be held by the Company on paper or in electronic format. The Company is committed to being transparent about how it handles your personal information, to protecting the privacy and security of your personal information and to meeting its data protection obligations under the General Data Protection Regulation (“GDPR”) and the Data Protection Act 2018. The purpose of this privacy notice is to make you aware of how and why we will collect and use your personal information both during and after your association with Vivus Solutions Ltd, We are required under the GDPR to notify you of the information contained in this privacy notice.
    2. This privacy notice applies generally to all clients who have an association with Vivus Solutions Ltd, in all relevant capacities.
    3. The Company has appointed a data compliance manager to oversee compliance with this privacy notice. If you have any questions about this privacy notice or about how we handle your personal information, please contact Lucy Oliphant, Director at lucy@vivus.solutions
  2. Data protection principles

    1. Under the GDPR, there are six data protection principles that the Company must comply with. These provide that the personal information we hold about you must be: • Processed lawfully, fairly and in a transparent manner. • Collected only for legitimate purposes that have been clearly explained to you and not further processed in a way that is incompatible with those purposes. • Adequate, relevant and limited to what is necessary in relation to those purposes. • Accurate and, where necessary, kept up to date. • Kept in a form which permits your identification for no longer than is necessary for those purposes. • Processed in a way that ensures appropriate security of the data.
    2. The Company is responsible for, and must be able to demonstrate compliance with, these principles. This is called accountability.
  3. What types of personal information do we collect about you?

    1. Personal information is any information about an individual or organisation from which that person or organisation can be directly or indirectly identified. It does not include anonymised data, i.e. where all identifying particulars have been removed.
    2. The Company collects, uses and processes a range of personal information about you / your organisation. This includes (as applicable): • contact details, including names, addresses, telephone numbers and e-mail addresses • bank account details if applicable for payment. • photographs of buildings / sites concerned with our engagement with you
  4. How do we collect your personal information?

    1. The Company may collect personal information about it’s clients in a variety of ways. It is collected upon initial contact, in developing terms and conditions and in the general process of the project / contract we are engaged to administer / manage or in the supply of materials and via our website. We may collect information to enable us to apply to fund raising bodies, and provide you with periodic marketing material and information about our materials. We collect information to develop statutory applications for the following (the list is not exhaustive): • Planning Applications • Listed Building Applications • Building Regulations Applications • Applications through Ecclesiastical Exemption
    2. Your personal information may be stored in different places as per below: • Hard copy in a paper file held in the office either on site/current project or our main working office. • Digitally on the internal server within and on individual workstations as required. • Within a database of client details • On iPads / telephones / laptops where remote access is required • Within email system • Within our accounting system where relevant
  5. Why and how do we use your personal information?

    1. We will only use personal information when the law allows us to. These are known as the legal bases for processing. We will use personal information only in relation to the professional service we offer you in whatever capacity agreed in terms and conditions of engagement.
    2. The purposes for which we are processing, or will process, your personal information are to: • enable us to maintain accurate and up-to-date client records and contact details (including details of whom to contact in the event of an emergency) • administer the contract we have entered into with you • operate and maintain a record of complaint and grievance issues / procedures and action taken • enable us to establish, exercise or defend possible legal claims Please note that we may process your personal information without your consent, in compliance with these rules, where this is required or permitted by law.
    3. We will also use your personal information in order to contact you via telephone, email and post as necessary to perform the functions of our engagement with you.
    4. We will also use your contact details to provide you with newsletters or general updates from time to time. If you wish for this not to happen please contact us to let us know.
  6. What if you fail to provide personal information?

    1. If you fail to provide certain personal information when requested or required, we may not be able to perform the contract we have entered into with you, or we may be prevented from complying with our legal obligations.
  7. Change of purpose

    1. We will only use your personal information for the purposes for which we collected it. If we need to use your personal information for a purpose other than that for which it was collected, we will provide you, prior to that further processing, with information about the new purpose, we will explain the legal basis which allows us to process your personal information for the new purpose and we will provide you with any relevant further information. We may also issue a new privacy notice to you.
  8. Who has access to your personal information?

    1. Your personal information may be shared internally within the Company in order to satisfactorily undertake the contract we have entered into with you and as instructed by you.
    2. The Company may also share your personal information with other consultants that form part of the project team where required, subject to your agreement. These often include the following: • tendering contractors • Planning Department • Building Control department • Governing body / decision making body for ecclesiastical exemption • External consultants that form part of the project team • funding bodies and organisations • legal advisers if required • delivery and logistic companies
  9. How does the Company protect your personal information?

    1. The Company has put in place measures to protect the security of your personal information. It has internal policies, procedures and controls in place to try and prevent your personal information from being accidentally lost or destroyed, altered, disclosed or used or accessed in an unauthorised way. In addition, we limit access to your personal information to employees, agents, contractors, consultants and other third parties who have a business need to know in order to perform their job duties and responsibilities in line with your instructions. You can obtain further information about these measures from Lucy Oliphant – lucy@vivus.solutions
    2. The Company also has in place procedures to deal with a suspected data security breach and we will notify the Information Commissioner’s Office (or any other applicable supervisory authority or regulator) and you of a suspected breach where we are legally required to do so.
  10. For how long does the Company keep your personal information?

    1. The Company will only retain your personal information for as long as is necessary to fulfil the purposes for which it was collected and processed.
    2. The Company will generally hold your personal information for the duration of your project and for as long as communication is maintained. We hold personal information for audit, insurance and regulatory purposes for 15 years following completion of our work for you at which point we are obligated to destroy / remove your data.
    3. Personal information which is no longer to be retained will be securely and effectively destroyed or permanently erased from our IT systems.
  11. Your rights in connection with your personal information

    1. It is important that the personal information we hold about you is accurate and up to date. Please keep us informed if your personal information changes, e.g. you change your home address or other contact information. The Company cannot be held responsible for any errors in your personal information in this regard unless you have notified the Company of the relevant change.
    2. As a data subject, you have a number of statutory rights. Subject to certain conditions, and in certain circumstances, you have the right to: • request access to your personal information - this is usually known as making a data subject access request and it enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it • request rectification of your personal information - this enables you to have any inaccurate or incomplete personal information we hold about you corrected • request the erasure of your personal information - this enables you to ask us to delete or remove your personal information where there’s no compelling reason for its continued processing, e.g. it’s no longer necessary in relation to the purpose for which it was originally collected • restrict the processing of your personal information - this enables you to ask us to suspend the processing of your personal information, e.g. if you contest its accuracy and so want us to verify its accuracy • object to the processing of your personal information - this enables you to ask us to stop processing your personal information where we are relying on the legitimate interests of the business as our legal basis for processing and there is something relating to your particular situation which makes you decide to object to processing on this ground • data portability - this gives you the right to request the transfer of your personal information to another party so that you can reuse it across different services for your own purposes.
    3. If you wish to exercise any of these rights, please contact our data compliance director. Subject access requests from individuals should be made by email, addressed to the data controller/ directors at lucy@vivus.solutions. The data director can supply a standard request form, although individuals do not have to use this. Individuals will be charged up to £10 per subject access request. The data controller/director will aim to provide the relevant data within 14 days. The data controller/director will always verify the identity of anyone making a subject access request before handing over any information.
    4. If you believe that the Company has not complied with your data protection rights, you have the right to make a complaint to the Information Commissioner’s Office (ICO) at any time. The ICO is the UK supervisory authority for data protection issues.
  12. Transferring personal information outside the European Economic Area

    1. The Company will not transfer your personal information to countries outside the European Economic Area.
  13. Changes to this privacy notice

    1. The Company reserves the right to update or amend this privacy notice at any time, including where the Company intends to further process your personal information for a purpose other than that for which the personal information was collected or where we intend to process new types of personal information. We will issue you with a new privacy notice when we make significant updates or amendments. We may also notify you about the processing of your personal information in other ways.
  14. Contact

    If you have any questions about this privacy notice or how we handle your personal information, please contact our data compliance director as follows: Lucy Oliphant lucy@vivus.solutions
  15. Acknowledgement

    Please can you confirm acceptance or otherwise of the above information by email and providing a quick acknowledgment response. If this document was posted to you can you please send a letter confirming receipt and acceptance in the stamped, addressed envelope included.
  16. Privacy Notice:

    Data can only be processed in line with the following Privacy Notice, which will be posted and agreed to whenever data subjects provide data about themselves: “If agreed by you, any relevant personal information as detailed in our privacy policy will be added to our secure online database. The information you have provided to us will be kept strictly confidential”