PESK Studios, INC.

Terms and Conditions

Document last amended 04th March, 2024, 2100Hrs.

Use of the Website or Services

In using this website or our services, you are deemed to have read and agreed to the following terms and conditions and agree to be bound by them:

Terminology

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:
  • "Customer", "Client", "You" and "Your" refers to you, the person accessing this website and accepting The Company’s terms and conditions.
  • "The Provider", "The Company", "Ourselves", "We" and "Us", refers to our Company, PSIUK.
  • "Party", "Parties", or "Us”, refers to both the Client and ourselves, or either the Client or ourselves.

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law.

Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement

The Company is committed to protecting your privacy. Only Authorized persons within the company, on a need to know basis only, may use any information collected from individual customers.

We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

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Confidentiality

Client records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by The Company will only be in connection with the provision of services and products. You will endeavour to do the same for The Company.

General Services Agreement for Contract for Services

The General Services Agreement for Contract for Services shall, at all material times, be the binding Agreement (“the Agreement”) between us that shall form the basis of any undertaking by The Company, for the purposes of forming a binding contract for the provision of a service.

You agree to be bound by it at all times. It is available HERE.

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Disclaimer

Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, the Company:
  • Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
  • Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised The Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
The Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law.

None of your statutory rights as a consumer are affected.

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Limitation on and Exclusion of Remedies and Damages.

You can recover from the Company only direct damages up to GBP£5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This also applies even if the Company knew or should have known about the possibility of the damages.
This limitation applies to
  • anything related to the Services, content (including code) on third party Internet sites, or third party programs and,
  • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

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Payment

CHAPS Transfer, Payment via PayPal®, Bankers Draft or BACS® Transfer are all acceptable methods of payment.
These are not the nineties; '17, '18 or 1990s! Hence, cheques are NOT an acceptable form of payment.

Our Terms are payment in full within fourteen (14) days.

All goods remain the property of The Company until paid for in full. Monies that remain outstanding by the due date will incur late payment interest at the rate of 10% above the prevailing Bank of England's base rate on the outstanding balance until such time as the balance is paid in full and final settlement.

The Company reserves the right to seek recovery of any monies remaining unpaid at any time and definitely after thirty (30) days from the date of invoice via Debt Collection Agencies and/or through the Small Claims Court in the event that the outstanding balance is not paid, or a suitable arrangement entered into.

In such circumstances, You shall be liable for any and all additional administrative and/or court costs.

In the event that You do not comply with the rates, amounts, or payment dates provided here, or otherwise agreed upon, a late payment charge will be charged as follows:

  • Any discounts previously agreed WILL BE revoked, if payment is not effected within the Payment Terms described in our invoice, or where an agreed arrangement is, either, not adhered to, or does not exist.
  • Where payment goes over the 30-day threshold, penalties of GBP£100 will start to accrue, per week, or part thereof.
  • At any time and definitely at the end of six months, where payment still has not been received, the Company reserves the right to seek redress via legal means, and You shall be liable for any and all additional administrative and/or court costs.
  • At our discretion, in a dispute relating to pay or payment of an invoice, Your actions may be construed as an act of 'premeditation or conspiracy to defraud or, not to pay or, dishonesty' and any previously disputed or discounted monies will become liable and may be payable at a later date.
Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until any and all outstanding monies are recovered in full.

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Cancellation Policy

A minimum of 7 days’ notice of cancellation is required. Notification for instance, in person, telephone, ‘text message’ and/or any other means will be accepted subject to confirmation in writing, either by e-mail or standard postal mail. We reserve the right to levy a reasonable charge to cover any subsequent administrative or other expenses and definitely if this policy is not adhered to.

Any reserved booking – a booking that has been held but not confirmed- that is not cancelled up to 7 days prior to the start of the service shall be considered as confirmed and any cancellation within that 7-day period will incur a charge of 100% of the cost of the provision of the services.

Termination of Agreements and Refunds Policy

The Company has the right to terminate any Services under any Agreement for any reasonable reason, including the ending of services already underway. This is especially true when, in the view of The Company, the other Party has failed to meet its obligations under the terms of the Agreement or is deemed to be dishonest, unlawful or unfair in any way.

No refunds shall be offered, and full payment will be required, where a Service is deemed to have begun and has been accepted, and is, for all intents and purposes, underway.

Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be considered non-refundable if the Cancellation Policy is not adhered to.

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Availability

Unless otherwise stated, the Services featured on this website are only available within the United Kingdom, or in relation to postings emanating from the United Kingdom.

All advertising is intended predominantly for the United Kingdom market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site.

Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of The Company.

We do not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability.
By using this service, you thereby indemnify The Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

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Log Files

IP addresses are used to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within The Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies

Like most interactive web sites The Company’s website [or ISP] may use cookies to enable us [or ISP] to retrieve user details for each visit. Cookies may be used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

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Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material.

Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to familiarise themselves with the privacy statements of those sites.

You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them.

The Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

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Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.

The Company’s logo(s)/device(s) is/are a trademark of The Company in the United Kingdom and other countries. The brand names and specific services of any Company featured on this web site are trademarked by their respective owners.

Communication

We have several different e-mail addresses for different queries. The main one(s), and other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, or mobile telephone numbers.

The Company is operated in England and Wales, and is registered with HMRC as a Sole Trader.

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Force Majeure

The Company shall not be liable to the other Party for any failure to perform any obligation under any Agreement which is due to an event beyond our control including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of this or any Agreement contained herein or otherwise.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement.

No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

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General

The laws of England and Wales govern these terms and conditions.

By accessing this website [and using our services] you consent to these terms and conditions, to be bound by the General Services Agreement for Contract for Service and to the exclusive jurisdiction of the English courts in all disputes arising out of such access.

If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.

Failure of The Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

The Conduct of Employment Agencies and Employment Businesses Regulations 2003 shall apply where applicable and no opt-out is to be construed except where a signed agreement exists and where said agreement has been presented before the start of any contract. You agree to be bound by the Regulations.

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Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms.

If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

It is your duty to inform us if you do not agree to any terms contained herein or with any Agreement as any failure to do so constitutes tacit agreement of any and all terms in this or any other Agreement including the Agreement.

These terms and conditions also form part of the Agreement between the Client and ourselves.

Your access of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein as well as the General Services Agreement for Contract for Services.

Disclaimer of Warranty.

The Services are provided "as-is", and "in good faith". You bear the risk of using them. The Company gives no express warranties, guarantees or conditions except that we will do our best to discharge the Services.

To the extent permitted by law, The Company excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

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