ISLAND OFFICE MINDER - SUPPLY OF GOODS AND SERVICES

1. DEFINITIONS
1.1 “Supplier” means Island Office Minder 1.2 “Buyer” means the person specified in the Contract where the same shall be reduced to writing or in the absence thereof the person requesting the supply of Services from the Supplier. 1.3 “Services” means the processes of providing out of office support services through telephone systems. 1.4 “Contract” means the request by the Buyer for the supply of Services which request may be in writing or verbal as accepted by the Supplier and evidenced by the Supplier in a Work Docket, Acknowledgement of Order and/or Invoice or otherwise in. 1.5 “Invoice” means the Supplier’s written request for payment from the Buyer of the Price and such other outstanding sums as are specified therein. 1.6 “Work Docket” means the document prepared by the Supplier in respect of Services detailing the Services required by the Buyer. 2. CONDITIONS OF SUPPLY 2.1 These Terms and Conditions shall apply to all Contracts for the supply of Services by the Supplier to the Buyer to the exclusion of all other terms and conditions including any terms and conditions which the Buyer may purport to apply in any document or howsoever. 2.2 No variation to these Terms and Conditions shall prevail unless agreed in writing by a Director of the Supplier. 3. QUOTATIONS The Supplier may issue Quotations to the Buyer in respect of Services to be purchased. Such Quotations are for information purposes only and the details contained therein shall not bind the Supplier until such time as incorporated in a Contract. 4. CONTRACT Any amendment made to a Contract by a Buyer after conclusion of the same shall require express acceptance by the Supplier in writing. Any additional costs, including increased labour costs, shall be borne in entirety by the Buyer. 5. LIMITATION OF LIABILITY 6.1 In the event of breach of any of the provisions of the Contract by the Supplier the remedies of the Buyer shall be limited to damages. In no circumstances shall the liability of the Supplier exceed the Price. 6.2 Except as otherwise expressly provided for in writing by the Supplier the Supplier shall have no liability of any kind whatsoever to the Buyer or any third party whether relating to direct, indirect or consequential loss, damage or expense (including loss of profit) whether in contract or in negligence or otherwise. 6. ILLEGAL MATTER The Supplier reserves the right to refuse to perform any Service which in its opinion is or may be of an illegal or libellous nature and the Buyer indemnifies the Supplier in respect of any claim, loss or expense arising in connection with any third party by the Supplier pursuant to a Contract. 7. NOTICES Any notice required to be served pursuant to this agreement shall be in writing and served by first class post or hand on the Supplier at the address herein appearing for the Supplier or such other address as the Supplier may from time to time notify the Buyer and on the Buyer at the Buyer’s registered office or the address shown in the Contract for delivery. 8. PROPER LAW This agreement shall be governed by and construed in accordance with the laws of the Isle of Man and the Supplier and Buyer agree to submit to the jurisdiction of the Courts of the Isle of Man in connection therewith. 9. WAIVER No waiver or forbearance by the Supplier whether express or implied in enforcing any of its rights hereunder shall prejudice its rights to do so in the future. 10. FORCE MAJEURE Neither the Buyer nor the Supplier shall be liable for any default due to any act of God, war, strike, lock-out, industrial action, fire, flood, drought, tempest or other event beyond the reasonable control of either party. 11. DATA PROTECTION AND PRIVACY POLICY Island Office Minder (IOM) is committed to protecting the privacy of its website users and their personal information. Any personally identifying information that you provide to IOM ("Personal Information") will be used strictly for the purpose of IOM's business and will only be used in accordance with the terms of this Privacy Policy, as set out below. 1. Use of Personal Information (a) IOM requires your Personal Information (and other information) in order to contact you in connection with the services that we carry out on your behalf. Island Office Minder (IOM) confirm that if you supply your postal address online you will only be sent the information for which you provided your address but if you do not wish to receive e- mail from Island Office Minder (IOM) in the future, or if you wish to be removed from mailing lists, please let Island Office Minder (IOM) know by writing to the: E-commerce Development Manager, at Island Office Minder at the address shown below. (b) IOM may compile reports or statistics concerning the use this website, but these reports and statistics will contain only aggregated, anonymous data which does not include your Personal Information. (c) IOM may need to contact you in the event of legal proceedings relating to your Personal Information. (d) IOM does not sell, trade or rent your Personal Information. We will not disclose any of your Personal Information to a third party unless: (i) you have expressly authorised such disclosure; or (ii) such party is storing, hosting or processing your Personal Information on behalf of IOM and has agreed to abide by the terms of this Privacy Policy; or (iv) IOM is specifically required to do so by law or court order. If disclosure of your Personal Information is required for legal reasons, such disclosure will be made only to the extent necessary and you will, if reasonably possible, be informed of the disclosure. f) IOM may place a small text file known as a ‘cookie' on the hard drive of your computer. By identifying your computer every time you visit this website, the cookie enables you to use the website more efficiently. IOM do not use cookies to track your activities or gather information a bout you in any other way without your consent. 2. Security Your Personal Information will be stored and transmitted in a secure manner, and IOM takes appropriate measures to prevent: (a) any loss or destruction of or damage to your Personal Information; and (b) any unauthorised use or disclosure of your Personal Information.