Terms &
Conditions of Medical Statistics Consultancy Website
This Web site is
maintained by Medical Statistics Consultancy (‘MSC’) and may be used for
informational purposes only. By using the site or downloading materials from the
site, you agree to abide by the terms and conditions set forth in this notice.
If you do not agree to abide by these terms and conditions, do not use the site
or download materials from the site.
Limited
License
Subject
to the terms and conditions set forth in this Agreement, ‘MSC’ grants you a
non-exclusive, non-transferable, limited right to access, use and display this
site and the materials thereon. You agree not to interrupt or attempt to
interrupt the operation of the site in any way. ‘MSC’ authorizes you to view
and download the information ("Materials") at this Web site
("Site") only for your personal, non-commercial use. This
authorization is not a transfer of title in the Materials and copies of the
Materials. You agree to abide by all additional restrictions displayed on the
Site as it may be updated from time to time. Use of this site constitutes your
acceptance of these terms and conditions, which take effect at the time you
first access the site. If you do not accept these terms and conditions you must
not use this site. ‘MSC’ reserves the right to change these terms and
conditions at any time by posting changes online. It is your responsibility to
refer to these terms and conditions on accessing this site. Continued use of
this site after such changes to the terms and conditions constitutes acceptance
of those posted changes. ‘MSC’ reserves the right to make this site
unavailable at any time or to restrict access to parts or all of the site
without notice. You acknowledge that all intellectual property rights, including
any trade marks or copyright in the content of this site, are owned by ‘MSC’.
Nothing contained herein shall be construed as granting any license or right to
use any of the intellectual property of ‘MSC’ except as otherwise provided
on this site. Material may not be copied, reproduced, republished, downloaded,
posted, broadcast or transmitted in any way except for your own personal
non-commercial use. You agree to use this site only for lawful purposes and in a
manner which does not infringe the rights of, or restrict or inhibit the use of
or enjoyment of this site by any third party.
The
materials may contain inaccuracies and typographical errors. ‘MSC’ does not
warrant the accuracy or completeness of the materials or the reliability of any
advice, opinion, statement or other information displayed or distributed through
the site. You acknowledge that any reliance on any such opinion, advice,
statement, memorandum, or information shall be at your sole risk. ‘MSC’
reserves the right, in its sole discretion, to correct any errors or omissions
in any portion of the site. ‘MSC’ may make any other changes to the site,
the materials and the products, services or prices (if any) described in the
site at any time without notice. This site, the information and materials on the
site, and the software made available on the site, are provided "as
is" without any representation or warranty, express or implied, of any
kind, including, but not limited to, warranties of merchantability,
noninfringement, or fitness for any particular purpose. Some jurisdictions do
not allow for the exclusion of implied warranties, so the above exclusions may
not apply to you.
Limitations
of Damages
In
no event shall ‘MSC’ be liable to any entity for any direct, indirect,
special, consequential or other damages (including, without limitation, any lost
profits, business interruption, loss of information or programs or other data on
your information handling system) that are related to the use of, or the
inability to use, the content, materials, and functions of the site or any
linked website. This Agreement
constitutes the entire agreement between ‘MSC’ and you with respect to your
use of the Site.
Privacy
Policy
‘MSC’
is sensitive to privacy issues on the Internet. We believe it is important you
know how we treat the information about you we receive on the Internet. In
general, you can visit ‘MSC’ on the World Wide Web without telling us who
you are or revealing any information about yourself. There are times, however,
when we may need information from you, such as your name and address. When
information is needed, we will try to let you know at the time of collection,
how we will use the personal information. Usually, the personal information we
collect is used only by us to respond to your inquiry, process an order or allow
you to access specific account information.
For
the purposes of this document the following definitions will apply:
1.1 'MSC':
Medical
Statistics Consultancy (‘MSC’)
1.2
'Client':
a
person, company or organisation that engages MSC to undertake consultancy work
having accepted the services to be provided by MSC as set out either in a
written proposal or in the acceptance thereof by MSC and also the terms and
conditions of business which are described in this document.
1.3
'Assignment or Engagement':
the
services to be provided by MSC to the client in accordance with the written
proposal or letter of engagement by MSC.
2.1
Unless otherwise agreed in writing, any contract between MSC and a client shall
be deemed to be made upon, and subject to, the terms and conditions of business
described in this document.
2.2
Where the term ‘representative’ is used in written proposals, correspondence
or other documentation in relation to persons performing services on behalf of
MSC, this shall imply references to representatives of ‘MSC’
2.4
MSC accepts responsibility for the advice given by such persons on behalf of MSC
to clients in the course of carrying out the Assignment or Engagement on these
terms and conditions only.
3.1
Fees will be charged on the basis set out in the written proposal or letter of
engagement of MSC.
3.2
Unless otherwise agreed, fees will be charged separately for each type of work
and will be billed at two stages: finalisation of contract and delivery of
report.
3.3
Fees are payable by the client net, on receipt of an invoice. Full payment must
be received by MSC within 30 days of the date on which the invoice was raised.
Payment can be made by cheques or international money orders.
3.4
Where payment is not received by MSC within this agreed period, MSC shall be
entitled to suspend all work for the client or to terminate the relevant
contract and any other contracts with the client without prejudice to any other
rights and without liability to MSC.
3.5
Statements provided by MSC to the client, concerning the total work time or the
total charges relating to the provision of a specified service or the
fulfillment of a particular Assignment or Engagement, are supplied as estimates
only. Whilst all reasonable efforts will be made to ensure their accuracy, no
liability is accepted in respect thereof.
3.6
Without prejudice to 3.5, if, during the course of rendering services to a
client or carrying out an Assignment or Engagement, circumstances arise which
make it clear that an estimate of total work time or total charges previously
given by MSC to the client will prove to be an underestimate, MSC will endeavour
to give the client reasonable notice and will:
i
specify the circumstances which pertain;
ii
state the additional work involved, and
iii
estimate the increase in the total work time or the total charges which will
result.
3.7
Any fees quoted by MSC are based on the rates which are current at the time the
quotation is given. Fees will be charged on the basis of the rates which pertain
from time to time during the carrying out of the Assignment or Engagement.
Clients should therefore note the possibility that MSC's rates may vary.
4.1
Confidential information (save to the extent that the same is in the public
domain or required by law to be disclosed) concerning the client's business will
not be disclosed by either MSC or persons performing services on behalf of MSC.
4.2
All information or advice, written or oral, of whatever nature, which is made
available to the client by MSC, is for the sole use of the client and shall not
be disclosed or made available by the client to any third party (save to the
extent that the same is in the public domain otherwise than by breach of this
clause or required by law to be disclosed) without the prior written consent of
MSC.
Unless
otherwise agreed in writing, all intellectual property rights covering (or
capable of being obtained to cover) all inventions, reports and other documents
and materials - whether written or machine readable - including any computer
software produced or provided by MSC shall be, and become vested solely in
‘MSC’ or as it may direct.
6.1
MSC undertakes to carry out the Assignment or Engagement with reasonable care
and skill.
6.2
All reports, provided by MSC to the client are provided for the sole use of the
client. No responsibility is accepted by MSC for any reliance which may be
placed upon such reports by any third party, unless prior written permission is
given by MSC, authorising the provision of particular reports to specified third
parties.
7.1
Subject to any statutory rights and obligations:
i the
client may at any time terminate the contract by giving MSC not less than 21
days prior written notice (upon payment of all costs and expenses incurred to
date by MSC together with all reasonable losses to MSC flowing from such
termination);
ii
MSC may suspend the performance of its obligations under the contract during the
currency of any circumstance, which in the opinion of MSC, materially adversely
affects the performance of its obligations hereunder;
iii MSC
may, without prejudice to any other rights, terminate the contract forthwith, by
giving notice in writing to the client, if:
a the
client commits any breach of any of the terms or conditions of any contract with
MSC provided that having been given written notice thereof by MSC, the client
has failed to remedy any such breach within seven days of this notification, or
b the
client compounds with, or negotiates for, any composition with its creditors, or
allows any judgements against it to remain unsatisfied for seven days, or
c if,
where the client is an individual, the client shall die or has a receiving order
made against him or her or commits any act of bankruptcy, or
d if,
where the client is a MSC, the client shall call any meeting of its creditors or
have a receiver of any or all of its assets appointed or if an application for
an administration order shall have been made in respect of the client or on
behalf of the client, or shall enter into any liquidation.
MSC
reserves the right, at its absolute discretion, to terminate any relationship or
contract in cases where an inducement has been offered/accepted and also where a
matter has been declared after taking place which would make it inappropriate
for MSC to continue with the relationship/contract.
Any notice required or permitted to be given by either party to the other under these terms and conditions shall be in writing addressed to the party.