1. Definitions & Interpretations
1.1 – In these conditions: “Buyer” means the individual firm company or other party who purchases the Goods from Deal 2 Build; “Contract” means the contract for the sale and purchase of the Goods made between Deal2Build and the Buyer; “direct, indirect or consequential loss” includes, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss; “Goods” means the articles, and materials, and things or any of them comprised in the Contract between the Buyer and Deal2Build; “insolvent” means: the Buyer becoming unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986; the Buyer allows any execution to be levied on its property; the Buyer has a bankruptcy order made against it; the appointment of an administrator, administrative receiver or receiver over all or part of the Buyer’s property; the application for the appointment of a administrator; the Buyer makes any arrangement or compromise with its creditors; the passing of a resolution for the winding up or a meeting to pass such a resolution (except for the purposes of a solvent liquidation, reconstruction or amalgamation); the presentation of a winding-up petition or a petition for bankruptcy; the ceasing of, or threatening to cease carrying on business; “Deal2Build” , “working days” means Monday to Friday excluding bank holidays.
1.2 – A reference to any law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.3 A reference to one gender shall include all other genders. Words in the singular include the plural and in the plural include the singular.
1.4 Condition headings do not effect the interpretation of these conditions.
2. Incorporation of Conditions
2.1 All orders for Goods shall only be accepted by Deal 2 Build subject to these conditions and (subject to any variation under condition 2.2) shall exclude all other terms and conditions (including any which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document whether presented by the Buyer, referred to, or otherwise).
2.2 No variation or addition to these conditions shall be incorporated into the Contract unless such variations or additions have been expressly agreed to by Deal 2 Build in writing, and have been signed by a director of Deal 2 Build. The Buyer acknowledges that it has not relied on any statement, promise, representation or warranty made by or on behalf of Deal 2 Build which is not set out in the Contract. Nothing in this condition shall exclude or limit Deal2Build’s liability for fraudulent misrepresentation.
2.3 Any quotation or estimate made by or on behalf of Deal2Build whether in writing and/or orally, is an invitation only to the Buyer for it to make an offer. The quotation shall only be valid for 30 days and prices stated in any quotation or estimate are subject to change (as per condition 10.1).
2.4 All orders made in pursuance of any quotation or estimate shall be deemed to be an offer by the Buyer to buy the Goods subject to these conditions.2.5 – No order placed by the Buyer shall be binding upon Deal2Build unless and until such order is accepted by Deal2Build in writing on its acknowledgement of order form.2.6 The Buyer shall ensure that the quantities specified in its order and any specifications provided are complete and accurate. Subject to condition 7.1, the quantity and description of the Goods shall be as set out in Deal2Build’s acknowledgement of order.
3. New Customers
3.1 Where the Buyer is a new customer of Deal2Build, Deal2Build may require the Buyer to disclose the following information prior to or at the time of entering into any Contract with the Buyer:
3.1.1 full name and address of the Buyer (including trading address and where applicable registered address and company number);
3.1.2 contact details for all of the Buyer;
If the information is not provided within seven days of request, Deal2Build may terminate the Contract without liability to the Buyer.
Any samples, figures, statements, descriptions, illustrations, photographs, drawings or any other matters contained in Deal2Build’s catalogues, brochures, price lists or advertising are not guaranteed to be accurate and are intended merely to represent an approximate idea of the Goods described in them. They shall not form part of the Contract. The Contract is not a sale by sample.
5. Buyer’s Designs
5.1 Where Goods are made or supplied to the Buyer’s own specification measurements or designs (including fine or specific tolerances required by the Buyer beyond those generally accepted in the building trade) Deal2Build accepts no liability for (or losses arising from) the suitability and fitness of the specification or design or for the fine tolerances requested (unless in the case of the fine tolerances, Deal2Build has acknowledged that it is prepared to accept such an order).
5.2 The Buyer warrants that such specifications or designs do not infringe any patent, trade mark, registered design, copyright or any other intellectual property right of any third party. The Buyer shall indemnify Deal2Build in full for all and any loss, damage, or expense whatsoever (including professional costs) which Deal2Build may incur, suffer or be put, arising from the performance of the Contract by reason of any infringement of such intellectual property right.
6.1 Delivery of Goods to the Buyer shall be deemed to be effected by Deal2Build at the following times:
6.1.1 where Goods are transported to the Buyer by Deal2Build, the manufacturer of the Goods, or by an independent carrier, at the time the Goods arrive prior to unloading at the at premises specified in the Contract, or at the nearest road accessible point to such premises (as applicable);
6.1.2 in the event of Goods being collected by the Buyer, at the earlier of:
126.96.36.199 the time of collection of the Goods by the Buyer, its employees or agents from Deal2Build’s premises; or,
188.8.131.52 seven days after the date on which the Buyer was notified that the Goods were ready for collection.
6.2 Deliveries normally occur between 0700 and 1800. Exact timings cannot be specified. The date or dates (if any) specified by Deal2Build in the Contract shall only constitute the times by which Deal2Build expects to effect delivery, and time of delivery shall not be of the essence.
6.3 Unless otherwise stated, all deliveries will be made at the kerbside within the arc of the crane delivering the goods. Deal2Build is not responsible for any additional lifting or carrying of the Goods. Deal2Build reserves the right not to unload Goods unless payment in full has been received and delivered Goods have been signed for.
6.4 When requested by the Buyer in writing, Deal2Build shall either endeavour to expedite delivery of the Goods (but such request shall not make time of delivery of the essence), or (as appropriate) delay the physical delivery of the Goods for a period of up to 28 days.
The Buyer shall reimburse Deal2Build for all additional costs (including but not limited to: overtime payments; storage charges and insurance) that Deal2Build incurs in complying with such a request under condition 6.6.
6.5 In the event that delay in physical delivery continues for a period in excess of 28 days then Deal2Build may:
6.5.1 terminate the Contract; and
6.5.2 sell the Goods to another person; and
6.5.3 seek damages for all direct, indirect and consequential loss suffered by Deal2Build as a result of the Buyer’s default.
6.6 If Deal2Build shall be prevented from delivering the Goods in accordance with the Contract as a result of delay or default on the part of the Buyer and the Contract is not cancelled, Deal2Build shall be entitled to reschedule the date for such delivery to such time as it shall reasonably require taking into account its commitments to third parties.
6.7 Subject to the other provisions of these conditions, Deal2Builds financial liability for any late delivery shall be limited to the Contract Price and Deal2Build shall not be responsible for any direct, indirect or consequential loss, costs damages, charges, or expenses caused by any delay in the delivery of the Goods resulting from:
6.7.1 any failure of the Buyer to take delivery at the appropriate time;
6.7.2 any failure of the Buyer to give proper delivery instructions, or failure to obtain appropriate authorisations to permit the delivery of the Goods;
6.7.3 any delay or postponement of delivery requested by the Buyer pursuant to condition 6.3.
6.8 No delaying in delivery resulting from Deal2Build’s default shall entitle the Buyer to rescind the Contract unless the delay exceeds 5 days.
6.9 Deal2Build may deliver the goods by separate installments. Each separate installment may be invoiced separately. Each installment shall be a separate Contract and no cancellation or termination of any one Contract shall entitle the Buyer to repudiate or cancel any other Contract or installment.
7.1 Although Deal2Build endeavours to deliver Goods that are as near as possible to quantity ordered, standard packaging and measurements means that there may be over deliveries of up to 10% or under deliveries of up to 5%. The Buyer is not entitled reject the goods or any of them by reason of such a surplus or shortfall. Deal2Build reserves the right to charge for over deliveries at the pro rata rate.
7.2 Subject to condition 7.3 where Deal2Build has delivered the Goods, it undertakes to make up any shortages (which exceed the tolerance level in condition 7.1). Where the manufacturer has delivered the Goods, Deal2Build shall not be liable for any shortages but will use reasonable efforts to procure that the manufacturer will make up such shortfall.
7.3 Deal2Build shall only be bound by its undertaking to make up procure the making up, of shortages set out in condition 7.2 if:
7.3.1 the Buyer shall have notified Deal2Build in writing (and the carrier if other than Deal2Build) of such shortage, within three days of receipt of the Goods with details of the date and time of delivery, the invoice number, and the delivery advice number (if any); or
7.3.2 in the event that they Buyer has not received the Goods, it has notified Deal2Build of this fact within 14 days of the receipt of Deal2Build’s invoice for the Goods
Unless the Buyer has requested otherwise, and one of Deal2Build’s branch managers has agreed to such request in writing, Deal2Build may supply substitute Goods of equivalent type and quality in performance of the Contract.
9.1 – If the Buyer requires cancellation of the Contract this will only be accepted at the sole discretion of Deal2Build and upon such terms as Deal2Build may determine.
9.2 Deal2Build will exchange or refund any unopened and unused Goods which are returned to Deal2Build within 28 days of purchase, as sold, on production of an original receipt. All returns are subject to a restocking charge of 25% (i.e. the invoice price of such Goods less 25%)
9.3 Refund to all the goods are only given after checking conditions. If they satisfy the conditions and would not be broken that refund will be credited to buyer’s account from where the buyer has paid the money. Also 25% of the total amount will be deducted during refund. Note: No refund will be given on any damaged or broken goods by the buyer.
No refunds or credit notes will be given on any bespoke Goods or specially ordered Goods unless they fail to satisfy the warranty in condition 14.1. We do not accept returns on any bagged products.
10.1 Unless otherwise agreed by Deal2Build in writing (and signed by Deal2Build) the price for the Goods shall be the price displayed in store on the date of acceptance of the Buyer’s order.
10.2 The price for the Goods does not include Value Added Tax, (which will be charged at the applicable rate) carriage, or pallets (which will be charged to the Buyer). Where the pallets are re-useable, and are returned to Deal2Build in good condition within 14 days of delivery, Deal2Build shall credit the Buyer in full for such pallets.
11.1 The Buyer shall make payment of each and every invoice in cleared funds in full without contra or set off. For all Buyers (other than Buyers with a credit account), invoices are payable upon receipt of the Goods. For Buyers with a credit account, invoices shall be due for payment on the last working day of the month following the month of Deal2Build’s invoice and if payment is not received by the fifteenth of the next month, Deal2Build may put a stop on the account, and may refuse to accept further orders. Time of payment is of the essence and is critical to the performance of the Contract by the Buyer.
11.2 Without prejudice to Deal2Build’s right to enforce payment, interest at the rate of 4% per annum above LIBOR for the time being may be charged from day to day on all monies outstanding after the due date of payment until the actual date of payment (whether before or after judgment). The Buyer shall not be entitled to received any discount referred to in the Contract if payment is not received by the due date.
11.3 If charged, interest shall become due and payable pursuant to condition 11.2 notwithstanding the fact that a portion of the account or invoice is the subject of any dispute or query.
11.4 If the Buyer shall pay any account or any part of it and the payment is subsequently dishonoured, Deal2Build may debit the Buyer’s account with Deal2Build with an administrative charge proportionate to the time cost incurred by Deal2Build, which may include any charge levied by Deal2Build’s bankers relating to the handling of such dishonoured payment, and such an administrative charge, if levied, shall be immediately due and payable.
11.5 Currently only two payment modes are available i.e. Cash On Delivery and PayPal. Buyer can pay money only by using these two modes. Also payment using Credit Card, Debit Card & Internet Banking can be done by using PayPal.
12. Credit Accounts
12.1 Credit accounts may be opened at the discretion of Deal2Build subject to the provision of the information set out below and to satisfactory credit references being obtained. Deal2Build may impose such credit limit on the Buyer as it deems reasonable and may occasionally vary this limit without giving prior notice to the Buyer. The information required is:
12.1.1 the full names and home addresses of two of proprietors or directors;
12.1.2 the names of two persons firms or companies with whom the Buyer has had previous trade dealings; and
12.1.3 the name and address of the Buyer’s bankers and its bank account details together with written authority for Deal2Build to contact the trade referees, the bankers and/or a credit reference agency for appropriate references.
12.2 It is a condition of opening a credit account with Deal2Build that the directors of an incorporated Buyer jointly and severally guarantee performance of all the Buyer’s financial obligations to Deal2Build.
12.3 The Buyer agrees that Deal2Build may process the information to assess the creditworthiness of the Buyer (and of its directors) for administrative and fraud prevention purposes. Deal2Build may also disclose such information to third parties such as: other companies in the same group as Deal2Build; its professional advisers; credit reference and debt recovery agencies, but Deal2Build shall not sell this information. Deal2Build is registered under the Data Protection Act 1998, and shall process such information in accordance with that Act.
12.4 If at any time the Buyer being a credit account customer alters its constitution (being a company or limited liability partnership) or (being a sole trader or partnership) becomes incorporated or amalgamated with others, the Buyer shall give prior written notice to
Deal2Build of the intended change should the Buyer wish to continue credit account facilities following the intended change. Deal2Build may commence trading with the changed entity at its sole discretion and will not be deemed to do so until a written acknowledgement and acceptance is issued by Deal2Build’s credit controller.
13. Auditors Certificate
In the event of a dispute arising between Deal2Build and the Buyer concerning the sum or sums to which Deal2Build is entitled in addition to the Contract price as provided for in these conditions, then, a certificate from Deal2Build’s auditors acting as experts and certifying such sums or sums shall (in the absence of manifest error) be conclusive and binding upon Deal2Build and the Buyer. Any sum certified by such auditors shall be paid by the Buyer within 30 days of the date of such certificate.
14.1 Deal2Build warrants that upon delivery the Goods (other than second hand goods or goods which are rejects at the point of sale) shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979 and reasonably fit for it normal purpose.
14.2 Deal2Build shall use its best efforts to pass on to the Buyer the benefit of all manufacturer’s warranties and guarantees of the Goods.
This shall not apply to Goods which are second hand or damaged at the point of sale. Deal2Build does not provide any other warranty in relation to the Goods.
14.3 Subject to conditions 14.4 and 14.5 if any of the Goods do not conform with the warranty in condition 14.1, Deal2Build’s liability in respect of any defect is, at Deal2Build’s option, limited to repairing, replacing (or procuring the repair or replacement by the manufacturer) of the defective Goods (or the defective part) or to making a pro rata refund. Deal2Build shall be given a reasonable period in which to complete the necessary repair or deliver the replacement or otherwise rectify such defect. If Deal2Build complies with this condition 14.3, it shall have no further liability for breach of the warranty in condition 14.1 in respect of such Goods.
14.4 Deal2Build’s liability under this warranty shall automatically cease if:
14.4.1 the Buyer fails to notify Deal2Build of the damage/defect as soon as possible after becoming aware of them, or, where the damage/defect has arisen in transit, the Buyer fails to notify Deal2Build within 3 days of the Buyer discovering the defect or ought to have discovered the defect; or
14.4.2 the Buyer makes any further use of the Goods after giving such notice; or
14.4.3 the Buyer shall not have paid for all Goods under the Contract by the due date referred to in condition 11.1; or
14.4.4 the defect arises because the Buyer failed to follow Deal2Build’s oral and written directions for storage, use etc. (or if there are none, good trade practice); or
14.4.5 the Buyer, when requested by Deal2Build so to do, either fails to return the defective Goods to Deal2Build as soon as possible, but in any event within 21 days of such request, or, fails to make the defective Goods available for inspection by Deal2Build, its agents, and where applicable by the manufacturer; or
14.4.6 the Buyer permits persons other than Deal2Build its employees or agents to effect or attempt any repair or replacement or other rectification of defective Goods.
14.5 The Buyer shall be deemed to have accepted the Goods if the Buyer either uses the Goods, or has not notified Deal2Build of any defective within the periods set out in condition 14.4.1.
14.6 The warranty set out in condition 14.1 shall be in lieu of any warranties, conditions or undertakings whether implied by statue or common law (except for the conditions implied by section 12 of the Sale of Goods Act 1979) which are expressly excluded from the Contract.
15. Limitation of Liability
15.1 Subject to conditions 6.7 and 14:
15.1.1 Deal2Build’s financial liability to the Buyer (including any liability for the acts and omissions of its employees, agents and sub-contractors) under contract, tort, (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising from or in connection with the performance of any Contract, whether for:
184.108.40.206 personal injury; or
220.127.116.11 damage to tangible property; or
18.104.22.168 loss of profits; or
22.214.171.124 other financial loss; or
126.96.36.199 any combination of these shall be limited to £250,000;
15.1.2 Deal2Build’s liability to the Buyer under condition 15.1.1 shall also be limited to that proportion of the loss or damage (including interest and costs) ascribed to Deal2Build by a court, having regard to Civil Liability (Contribution) Act 1978 as if it were applied to all the other parties responsible, whether or not such other parties were in a position to make their contribution.
15.1.3 Except as set out in this Condition 15, Deal2Build shall not be liable for any claim for direct or indirect, consequential loss, injury, damage, claims, compensation whatsoever (howsoever caused) made by the Buyer or any third party against Deal2Build arising from or in connection with the Contract.
15.2 Nothing in these conditions excludes or limits the liability of Deal2Build for death or personal injury resulting from the negligence of Deal2Build its employees or agents, or for fraud or fraudulent misrepresentation.
16. Ownership of Goods
16.1 The Goods are at the risk of the Buyer from the time of deemed delivery. The Buyer shall affect appropriate insurance cover over the Goods from deemed delivery with a reputable insurance company.
16.2 Notwithstanding that the risk in the Goods passes to the Buyer at the time of delivery, ownership of the Goods comprised in the
Contract shall be retained by Deal2Build until payment in full (in cash or in cleared funds) has been received in respect of:
16.2.1 the Goods; and
16.2.2 all other sums due from the Buyer in respect of other goods provided by Deal2Build;
16.3 Deal2Build shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from Deal2Build.
16.4 The Buyer may resell Goods before ownership has passed to it solely on the following conditions:
16.4.1 any sale is made in the ordinary course of the Buyer’s business at full market value;
16.4.2 the Buyer sells Deal2Build’s property on its own behalf as principal (and not act as agent for Deal2Build); and
16.4.3 the Buyer has not become insolvent.
16.5 Until ownership of the Goods has passed to the Buyer, the Buyer shall hold the Goods as bailee, shall take proper care of the same and keep them in such manner that they may be clearly identified as belonging to Deal2Build.
16.6 The Buyer grants Deal2Build, its employees and agents an irrevocable licence to enter upon any of its premises where the Goods are stored at any time in order for Deal2Build to inspect them, or where the Buyer’s right to possession has terminated, to recover them.
16.7 If at the time of the termination of the Buyer’s power of sale under condition 16.4 any Goods comprised in the Contract are in the custody or control of any third party, or on the premises of a third party the Buyer shall use its best efforts to allow Deal2Build to recover the goods from the third party or its premises, (including but not limited to immediately providing Deal2Build with written authority enter premises and to collect Goods on behalf of the Buyer).
17.1 If the Buyer shall:
17.1.1 fail to give delivery instructions; or fail to take delivery of the Goods; or fail to make any payment when it becomes due; or
17.1.2 shall commit any other breach of the Contract and fail to remedy the same within seven days of receiving Deal2Build’s request in writing so to do; or
17.1.3 shall become insolvent; or then Deal2Build may:
17.1.4 defer or cancel any further deliveries or work under the Contract and treat the Contract as terminated; and
17.1.5 treat any other contract between Deal2Build and the Buyer as terminated; but without prejudice to Deal2Build’s right to: either receive any unpaid price for Goods delivered under the Contract; or to repossess the Goods; and to damages for loss of profit suffered in consequence of such termination.
17.2 Upon the termination of a Contract (whether under this condition 17 or otherwise) shall not affect the accrued rights of Deal2Build or the Buyer.
18. Force Majeure
Deal2Build reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer for any direct, indirect or consequential loss or damage suffered by the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond its reasonable control including, without limitation, acts of God, governmental action, war or national emergency, civil commotion, acts of terrorism, strikes (whether or not relating to Deal2Build’s or the Buyer’s workforce), restraints or inability or delay in obtaining supplies, provided that if the event in question continue for a continuous period in excess of 30 days either Deal2Build or the Buyer shall be entitled to give written notice to the other to terminate the Contract.
19.1 Deal2Build shall be entitled to appoint one or more sub-contractors to carry out one or all of its obligations under these conditions.
19.2 Where Deal2Build introduces a sub-contractor to a Buyer and a separate contract is made between the sub-contractor and the Buyer, Deal2Build will not accept any responsibility for delays quality or workmanship occasioned by the sub-contractor.
20. Health and Safety at Work Act 1974
The attention of the Buyer is drawn to the provisions of Section 6 of the Health and Safety at Work Act 1974. Deal2Build may make available upon request information on its products to ensure that as far as is reasonably practicable they are safe and without risk to health when properly used. It is the responsibility of the Buyer to take such steps as are necessary to ensure that such information relevant to the Goods is made available to its employees agents or any person to whom the Buyer supplies them and to any other person to whom the Buyer should reasonably consider any such information should be given.
21.1 If any provision of these conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect.
21.2 If any provision of these conditions is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the condition in question shall apply with such modification(s) as may be necessary to make it valid and enforceable.
22.1 Deal2Build reserves the right to assign, sub-contract or sub-let the fulfillment of the Contract or any part of it without the consent of the Buyer. The Buyer shall not be entitled to assign the benefit or burden of the Contract without the prior consent in writing of Deal2Build.
22.2 Each Contract constitutes the entire agreement and understanding of Deal2Build and the Buyer and supersedes any previous agreement between Deal2Build and the Buyer relating to the subject matter of that Contract.
22.3 Any waiver by Deal2Build of any breach of, or any default under any provision of the Contract shall not be a waiver of any subsequent breach or default, and the failure or delay by Deal2Build to enforce any of its rights under the Contract shall be a waiver of such rights.
22.4 All notices given concerning the Contract shall be in writing, and shall be hand delivered, sent by first class post or be sent by fax to the invoicing address provided by the Buyer, or to the relevant Deal2Build branch and to Deal2Build’s head office.
22.5 No person who is not a party to a Contract (other than lawfully successors and assigns) may enforce the terms of any Contract under the Contract (Rights of Third Parties) Act 1999.
22.6 In the event of a dispute arising out of any Contract, Deal2Build and the Buyer may attempt to resolve such dispute by mediation in accordance with the Centre for Effective Dispute Resolution Model Procedure.
22.7 These conditions and each and every Contract shall be governed by English law and Deal2Build and the Buyer submit to the exclusive jurisdiction of the English courts.
23. Affiliate Agreement
By signing up to be an Affiliate in the Deal2Build’s Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Deal2Build reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
23.1 Account Terms
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. Deal2Build cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- One person or legal entity may not maintain more than one account.
- You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You may not use the Affiliate Program to earn money on your own Deal2Build product accounts.
23.2 Links/graphics on your site, in your emails, or other communications
Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Deal2Build. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.
To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Deal2Build. You must ensure that each of the links between your site and the Deal2Build properly utilizes such special link formats. Links to the Deal2Build placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a Deal2Build product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
Affiliate links should point to the page of the product being promoted.
23.3 Referral fees/commissions and payment
For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://www.deal2build.uk and complete an order for a product during that session.
We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
23.4 Payments to Affiliates
Payments only begin once you’ve earned more than £50 in affiliate income. If your affiliate account never crosses the £50 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the £50 threshold. Also the payments will be sent through PayPal only. So it is required that the affiliate must have the affiliate account and also provide their PayPal email id during signup process.
23.5 Identifying yourself as a Deal2Build Affiliate
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Deal2Build or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
23.6 Payment schedule
As long as your current affiliate earning are over £50, you’ll be paid each month. If you haven’t earned £50 since your last payment, we’ll pay you the following month after you’ve crossed the threshold.
23.7 Customer definition
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
23.8 Your responsibilities
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
23.9 Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
23.10 Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://www.deal2build.uk, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Deal2Build reserves the right to end the Program at any time. Upon program termination, Deal2Build will pay any outstanding earnings accrued above £50.
Deal2Build, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Deal2Build service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Deal2Build reserves the right to refuse service to anyone for any reason at any time.
23.12 Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
23.13 Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Deal2Build will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
23.15 Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of Deal2Build to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Deal2Build and govern your use of the Service, superceding any prior agreements between you and Deal2Build (including, but not limited to, any prior versions of the Terms of Service).