Terms & Conditions

www.UpgradeMyCV.co.uk


Principal Terms & Conditions

1.1. By placing an order with UpgradeMyCV.co.uk (“we/us/our”), you, the Client (“you/your”), agree to accept our Terms and Conditions.

1.2. We reserve the right to change these Terms & Conditions at any time and without notice, and your continued use of our services following any change shall be deemed to be your acceptance of such change. It is your responsibility to check the Terms & Conditions of Use regularly for changes. If you do not agree with any change to the Terms & Conditions of Use you must immediately stop using our services.

1.3. Furthermore, your access to and use of UpgradeMyCV.co.uk and other web sites owned by us (the/our “web sites”) are subject exclusively and strictly to our Terms and Conditions.

1.4. No contract subsists until we accept your order. We may choose not to accept your order for any reason. We reserve the right to withdraw any goods/services at any time. All prices are subject to change at any time prior to a contract being entered into and are subject to change without notice. We will not be liable to you or anyone else for refusing to accept your order, withdrawing any goods/services or changing any prices.

1.5. We retain the right to revoke your right to continued use of our services at our discretion.

1.6. These Terms & Conditions of Use shall be governed by the laws of England and you agree to submit to the exclusive jurisdiction of the English court.

1.7. Your statutory rights are not affected by any of our terms, conditions or policies.


Turnaround Times

2.1. The following clauses relate purely to our CV writing service and are obviously not applicable to our interview coaching service.

2.2. We aim to process orders within 24 hours after initial consultation.

2.6. We can not be held liable for any further losses incurred as a result of failure to meet these timescales.

2.7. NB: All turnaround times relate only to standard Monday – Friday working days and exclude weekends and Bank Holidays.


Payments, Refunds & VAT

3.1. Payment is required in full with all orders. We reserve the right to allow time for bank clearance of cheque payments although we will generally only do so in cases where there have been previous problems with payment.

3.2. If you are paying by credit/debit card your card will be debited on acceptance of your order so as to ensure that sufficient funds/credit are/is available in the account.

3.3. All credit/debit cards are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment, we will not be liable for any delay or non-delivery and we are not obliged to inform you of the refusal.

3.4. Within the UK, all services are deemed to begin, by agreement, before the end of the cooling off period (as defined by United Kingdom’s Consumer Protection (Distance Selling) Regulations 2000), early delivery being essential to the vast majority of our clients. Furthermore, under the above-mentioned regulations, with the exception of books, all our goods are ‘made to the consumer’s specifications or clearly personalised’ and are therefore exempt.

3.5. Should a suspected error be made in billing your credit/debit card, our policy is to provide a full and immediate refund, pending further investigation by the management.

3.6. We reserve the right to terminate any contract due to offensive behaviour from a client. Offensive behaviour is defined as aggressive or abusive behaviour towards our staff. It should be noted that in the event of a dispute we welcome arbitration from a respected and mutually agreed independent third party such as “Which?”.

3.7. All prices are fully inclusive of VAT for customers based within the EU, including the UK.  No charge is made in respect of VAT for customers based outside the EU.  Please note that we are not responsible for any other importation taxes, sales taxes or charges that may be levied at the delivery destination.




Complaints

4.1. We endeavour to respond to all correspondence, including complaints, within a maximum of 24 hours from receipt. All complaints must be made in writing; our telephone staff are not authorised to handle such matters. Complaints may be made by post, fax or email, except in cases where a client’s account has been terminated as a result of abusive conduct, in which case the associated email address(es) will also have been barred/blocked and complaints can only be received by post or fax.

4.2 Should a complaint not be resolved to a client’s satisfaction, we welcome arbitration from a respected and mutually agreed independent third party such as “Which?”



Service Specific Terms and Conditions

5.1. CV Writing:

We do not undertake to include non-text elements, e.g. graphics (logos, photographs, etc.) within our CVs, with the exception of simple lines and boxes, nor do we undertake to make use of colour.

5.2. CV Distribution Service:

Our undertaking is to distribute a client’s CV to recruitment agencies and employers to whom it may be of interest. We can not, however, guarantee any subsequent response since this depends on factors beyond our control. Furthermore, for a variety of commercial reasons, we do not disclose details of our database of employers and agencies.

5.3. Completion of Job Application Form:

It should be noted that we do not undertake to actually hand-write onto an original application form, nor do we undertake to print directly onto an original application form. This service covers the preparation of a report advising the client what should be written and where. Naturally, no liability can be accepted for a subsequent failure on the part of the client to be awarded the job in question.

5.4. Email Despatch:

The above-mentioned terms and conditions relating to file formats (under ‘CDs’) also apply to files transmitted by email. It should further be noted that we cannot accept any liability for late delivery of emails or for the failure of emails to arrive since the delivery of emails depends on too many external factors beyond our control.



Web Site Use

6.1. You warrant that you will use our web sites only in accordance with these Terms & Conditions and only for lawful purposes and in a lawful manner.

6.2. You warrant that all information which you provide to us is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to such information.

6.3. We reserve the right to change or remove (temporarily or permanently) a web site (or any part of it) without notice to you and you confirm that we shall not be liable to you for any such change or removal.

6.4. Our web sites are provided to you on an ‘as is’ and ‘as available’ basis without any warranty being given in relation to the web sites including (but not limited to) implied warranties of non-infringement, compatibility, security, accuracy or any implied warranty arising from course of dealing or usage or trade.

6.5. We make no warranty that the web sites will meet your requirements or will be uninterrupted, timely, or error-free, that defects will be corrected or that the site or the server(s) that makes it available are free of viruses or bugs.

6.6. We will not be responsible or liable to you for any loss of material uploaded or transmitted through our web sites.

6.7. All emails and any attachment(s) is/are confidential. If an email is received by a party who is not the intended recipient they are requested to notify us immediately, delete it from their system and refrain from copying or using it for any purpose or disclosing its contents in any other way.

6.8. We are not responsible for the content of emails which may or may not contain personal views. Anything said or contained within an email does not necessarily reflect our views and opinions unless specifically stated.

6.9. Internet communications are not secure and may be intercepted.

6.10. All emails are checked for all known viruses by Symantec Corporation software which is updated at least daily and no further liability can be accepted.

6.11. All links on our web sites to third party web sites are provided purely as an information source and we do not endorse, approve, certify or control links to or information provided by other individuals, institutions or organisations, and do not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at external Internet addresses, nor are we are responsible for the terms, conditions, policies or security of these web sites.



Intellectual Property

7.1. You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material on our web sites, site design, structure and graphics and all software and source codes connected with our web sites shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.

7.2. You acknowledge and agree that the material contained within our web sites is made available for your personal non-commercial use only. You may only access, view, copy and/or print pages from our web sites for the sole purpose of you evaluating whether to and/or placing an order with us. Any other use of the material within our web sites is strictly prohibited.



Pay-per-Referral Client Referral Scheme

8.1. Selected clients may be offered the opportunity to participate in our pay-per-referral client referral scheme. This section of our terms and conditions outlines the precise terms and conditions relating to this scheme and should be read in conjunction with our other terms and conditions.

8.2. Under our pay-per-referral client referral scheme we undertake to make payments to existing clients (“the referring client”) in return for their involvement in introducing new clients (“the introduced client”) to us.

8.3. Payments will be made by UK sterling cheque only, payable to the referring client only, and will be posted out within a maximum of 28 days of the introduced client having requested despatch of their completed order. Moreover, entitlement to payment is dependent upon the introduced client having requested despatch of their completed order and is therefore not applicable in cases where the introduced client has taken advantage of our money-back guarantee scheme.

8.4. Entitlement to payment is also dependent upon the introduced client having accessed our website via the precise URL link provided by us to the referring client and the introduced client having Cookies enabled/unblocked and the introduced client having subsequently either requested an information pack be sent to them and/or having placed their order directly online. This is necessary for us to confirm the identity of the referring client and verify their entitlement to payment.

8.5. Payments will not be made in any other cases.

8.6. There is no specific time limit on the scheme but we do reserve the right to withdraw the scheme without notice and to withdraw clients from the scheme at our discretion.

8.7. The amount of each individual payment will initially be as notified within the email sent to the referring client advising them of their entitlement to participate in the scheme but we reserve the right to vary this amount without notice.

8.8. There is no limit to the number of payments the referring client may receive.

8.9. In the case of any disputes relating to the scheme, the management’s decision is final.



9.1. Your Account

9.2. Affiliates must at all times keep their login information secure, and not reveal it to any other party. Failure to do so will mean that the affiliate will be responsible for all transactions on his or her account. We will act on any information or instructions, which we reasonably believe has come from affiliates, and will not be liable to affiliates in doing so.

9.3. Affiliates must provide accurate and complete information when signing up, and keep us informed of any changes.

9.4. We may close your account without notice if no sales are registered in your account for 180 days. In such an event any accrued revenue will be treated as forfeited, and will be retained by us.

10.1 Other Terms & Conditions

10.2. We operate a strict no spam policy. Affiliates may not use any form of spam, defined at the sole discretion of UpgradeMyCV, to earn revenues. Use of spam will result in termination of the affiliate’s account, without payment of any outstanding revenue.

10.3. Affiliates shall immediately indemnify us against all proceedings, fees, expenses, payments, liabilities, injury, costs and damages, however they arise.

10.4. We may change the terms and conditions of this contract at any time, on the proviso that the change is notified on this website. Changes take effect three days from the date and time of notification.

10.5. These terms and conditions shall commence on the date the application form is submitted and our contract may be terminated by either party at any time with immediate effect. Upon termination of the contract, affiliates shall immediately remove all links from their sites and affiliates shall not be entitled to receive any commission on any referrals made after the termination date. If an affiliate terminates this contract for any reason, no payment for outstanding commission will be made.

10.6. Affiliates must keep amounts earned from us fully confidential and not disclose them to any third party whatsoever.

10.7. Affiliate queries will only be dealt with in writing. Any email reply you receive is without prejudice to these terms and conditions unless you are specifically told the terms and conditions do not apply.

11.1. No Liability or Warranty

Disclaimer of Warranties. We specifically disclaim all implied warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement of the system or services provided. No responsibility will be taken for loss of service or data for any reason, due to but not limited to server failures, hacking, fire, flood, acts of God, theft, whether or not upgrademycv.co.uk or its staff were responsible. No compensation will be given for such incidents. Affiliates must keep regular backups of all data.

11.2. Miscellaneous

11.3. It is a requirement that all affiliates use the precise link code with which they have been provided.

11.4. We recognise that the Cookie-based technology we use is not capable of tracking 100% of potential sales. However, this has been taken into account in determining the commission percentage payable and no claims will be entertained in this respect as a result.



Disclaimer

12.1. Limitation Of Liability

Our liability is limited for losses that were not foreseeable to both parties when any contract was made, for losses that were not caused by any breach on our part and for business losses and/or losses to non-consumers. It is limited for loss of data, loss of profits, cost of cover, or other special, incidental, consequential, indirect or punitive damages however caused and regardless of theory of liability. This limitation will apply even if we have been advised of, or are aware of, the possibility of such damages.

Furthermore, nothing in these Terms & Conditions shall exclude or limit liability for death or personal injury resulting from our negligence or that of our agents or employees.

12.2. Indemnity

You agree to fully indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, reasonable losses, costs and expenses, including legal fees, arising out of any breach of these Terms & Conditions of Use by you or other liabilities arising out of your use of our services and our web sites.

12.3. Severance

Each provision of these Terms & Conditions shall be construed separately and independently of each other and the validity of any one part shall not affect the validity of any other part. This is subject only to the provision that where a particular term(s) is/are declared void, under the Unfair Terms in Consumer Contracts Regulations 1999, the contract will only continue to bind the parties if it is capable of continuing in existence without the unfair term(s).

For the avoidance of any doubt, we would reiterate that your statutory rights are not affected by any of our terms, conditions or policies.