Transaction Terms and Conditions

Website terms and conditions: supply of services & digital content to consumers

1. Who are we and our contact details

1.1. We are Nine Nine Lab Ltd. We’re a company registered in England and Wales with company number 12882343 whose registered address is at Kemp House, 160 City Road, London, EC1V 2NX.

1.2. You can get hold of us by emailing us at tamara@nineninelab.com

2. What do these terms do, and why are they important?

Please read these terms and conditions carefully before you place an order with us via the website. They contain important information, including

how we will provide you with the services and/or digital content that you have ordered
our payment terms and delivery times
the situations in which this contract may be amended or cancelled by you or by us (including within a cooling-off period)
what you should do if there is a fault with the services and/or digital content that we have provided to you, and
how we will use your personal details

as well as other matters.

2.1. If, in these terms and conditions, we say that either of us may contact the other in ‘writing’, then this means it can be by letter or by email.

2.2. Separate terms and conditions apply to the use of our website. You can find those terms and conditions here: http://www.nineninelab.com/terms-of-use.

3. Your personal information

3.1. For information about how we collect and use your personal information, please see our website privacy notice, which is available here.

3. Order Process and the Contract between you and us

4.1. When you place an order with us, the legal contract between you and us will only come into existence when we tell you that we can provide the services and/or digital content to you , which we will usually communicate by email. If we tell you that we cannot provide the services and/or digital content to you for whatever reason, then we will not charge you for them. If we tell you that we are unable to provide the services and/or digital content, and we have already received payment from you, then we will promptly refund you for any services and/or digital content that we cannot provide to you.

5. Changes to services and/or digital content

5.1. If you would like to make a change to the services and/or digital content for which you have already placed an order, please contact us as promptly as you can at tamara@nineninelab.com. We will always be willing to discuss with you whether the change you would like to make is possible, and whether there are likely to be any changes to price, times for delivery, any suspension period whilst any changes are made, or any other consequences or changes arising from your request. If your requested change is possible, we’ll ask you to confirm that you would like to continue with the change, to ensure that we’re both clear on how we need to fulfil your request.

5.2. In some circumstances, we may need to make minor changes to the services and/or digital content that you ordered. As these are minor changes and will not affect your use of the services and/or digital content, we will not usually contact you about these. These minor changes are likely to be:

because we need to update the services and/or digital content to implement a change in the law, or a regulatory requirement; and/or
because we need to make minor technical changes or enhancements that will not affect your use, handling or
enjoyment of the services and/or digital content.

5.3. It is possible that exceptionally, we may need to make a more major change to the services and/or digital content. If these exceptional circumstances arise in relation to an order that you have placed with us, then we will contact you before we make the change to let you know. If you do not want to proceed with the change, you’ll be entitled to cancel the contract and section 14.1 (cancellation terms) of these terms and conditions will apply.

The changes that we expect to fall under this section are:

Substituting the designated person delivering a particular service

6. Digital content updates

6.1. From time to time, we may need to update, or we may ask you to update, our digital content. We will ensure that even after this update, the digital content continues to match the description of it that was provided to you during the order process.

7. Payment details

7.1. The price of the services and/or digital content will be the price set out on our website at the time when you place your order. Our prices include VAT at the current rate.

7.2. We make all reasonable efforts to ensure that we do not make errors with the prices that we charge you. For example, before we accept your order, we usually try to check the website price against our price list in force at the time of your order. However, if an error has been made and the price in the price list is lower than the website price, then we will charge you the price on the price list (being the lower amount). If an error has been made and the price in the price list is higher than the website price, we will contact you to confirm how you would like to proceed (and if you want to cancel the contract, section 14.1 of these terms and conditions will apply).

7.3. Any costs for delivery of the services and/or digital content and other costs associated with the services and/or digital content will be the amounts that were set out to you in the order process on our website.

7.4. When you need to pay us depends on whether what we provide you with is services or digital content:

For one-off services, you must make a prepayment of before we begin to supply the services;
For ongoing services, we will invoice you monthly, in advance for the services. Invoices must be paid within 30 days of the date of the invoice;
For one-off digital content, you must pay for it before you download or stream it;

We accept payment by credit and debit cards via PayPal and Wix Payments.

7.5. If you do not pay us on time, we may charge you interest at the rate of 5% a year above the base rate of the Bank of England from time to time. The interest will accrue each day from the date that the amount you owe us was due, until the date you make payment of the amount that is overdue. It will accrue whether or not it is before or after any court judgment. You must pay the interest to us when you make payment to us of the amount that is overdue. If you write to us and request it, we will send you a statement of the interest you owe us to date, and the additional amount being added each day.

8. Delivery of digital content and supply of services

8.1. Delivery and supply times will depend on whether you have ordered services and/digital content and whether these are one-off, ongoing or subscriptions:

For one-off services, we will begin supplying the services on the date we agreed with you when you placed your order and the approximate date for completion of the services will be the date we advised you when you placed your order;

For ongoing services, we will provide the services to you until the services have been completed or the contract is cancelled by you (see section 14) or by us (see section 15) or until we withdraw the services (see section 16);

For one-off digital content, it will be available for download or streaming by you once your order has been accepted and you have made payment (see section 7 for information about payment) but please note that you will lose your cooling-off period cancellation rights (see section 13) once you begin to download or stream the digital content;

For subscriptions to digital content, we will provide the digital content to you during the times as told to you during the order process until the contract is cancelled by you (see section 14) or by us (see section 15) or until we withdraw the digital content (see section 16).

8.2. We will contact you if we are delayed in delivering the services and/or digital content to you because of
circumstances that are not within our control. If we contact you within a reasonable time to let you know about this, then we will not be responsible for any delays due to those circumstances. However, if the delay continues beyond a reasonable amount of time, then you can contact us to cancel the contract, and we will provide you with a refund for any services and/or digital content that you have paid for but not yet received.

9. Suspension

9.1. If something happens that means we must suspend the supply of the services and/or digital content to you, for example:

to make minor technical adjustments or to resolve technical issues;
to update the services and/or digital content to implement a change in law or any relevant regulatory requirement,

then we will contact you to let you know.

9.2. We will usually let you know in advance of any suspension unless it is an emergency – in which case, we will let you know as soon as reasonably possible. If we do suspend the supply of services and/or digital content, your payment will be adjusted so that you do not pay for the relevant suspended item during the period of suspension.

9.3. If we are going to suspend the supply of a service or digital content for more than 6 weeks, then you may contact us to cancel the contract. We will provide you with a refund for the relevant service or digital content for which you have made payment, but have not yet received.

10. Your obligations

10.1. We will inform you during the order process of information that we need from you in order to provide you with the services and/or digital content. We will contact you to request this information.

10.2. If you don’t provide us with this required information in a reasonable time, or if information that you give us is not accurate, we may cancel the contract (and the consequences set out in section 15.2 will apply), or we may charge you for the additional costs that we incur as a result.

10.3. If you don’t give us required information within a reasonable time, we will not be liable to you if this causes a delay in providing you with the services and/or digital content – or if we do not provide any part of them to you.

11. If there is a fault with the services and/or digital content

11.1. We hope that you are satisfied with the services and/or digital content that we have supplied to you; but if there is a fault with them, then please contact us using the details set out in section 1.

11.2. We must provide services and/or digital content to you that meet your consumer rights.

11.3. This section 11.3 provides you with a summary of your consumer rights if there is a fault with the services or digital content that we have provided to you. However, this is only a summary of your key rights. If you need more detailed information, you can contact Citizens Advice on www.citizensadvice.org.uk or you can call 03454 04 05 06, or you can contact your local Trading Standards Department.

If we have provided you with services, the Consumer Rights Act 2015 says:
- You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill – or get some money back if we can’t fix it.
- If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
- If you haven’t agreed a time beforehand, the services must be carried out within a reasonable time.

If we have provided you with digital content, the Consumer Rights Act 2015 says that the digital content must be as described, fit for purpose and of satisfactory quality and:
- If your digital content is faulty, you’re entitled to a repair or replacement.
- If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
- If you can show that the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.

11.4. Your rights as summarised above are in addition to any cancellation rights that you may have during the coolingoff period, which are explained in section 13.

12. Our liability if you suffer loss or damage

12.1. We only provide services and/or digital content for private and domestic use. We do not provide them for business or commercial use. If you do use the services and/or digital content for business or commercial use, we will have no liability to you for loss of profit, loss of business, loss of opportunity or loss of goodwill.

12.2. If we provide you with digital content that is faulty and that damages your device, we will either repair the device or provide you with a refund subject to Section 13.

12.3. We do not limit or exclude our liability to you, where we are not allowed to do so by law. This means that we do not limit or exclude our liability for death or personal injury due to our negligence (or negligence of our employees or subcontractors), for fraud, for breach of your legal rights in relation to the services and/or digital content (a summary of which is set out in section 11.3) or for providing you with defective items under the Consumer Protection Act 1987.

13. Cooling-off period and your right to cancel the contract during it

13.1. Your rights to cancel during the cooling-off period are in addition to and are separate from your other rights to cancel the contract. Those other rights are set out in section 14 below.

13.2. When you buy, services and/or digital content from a website, in most cases you will have the right to cancel the contract (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) within the cooling-off period (explained in section 13.3 below) because you have changed your mind. (This right exists unless one of the circumstances set out in section 13.4 below applies.) If you rely on these cancellation rights to cancel the contract during the cooling-off period, you do not have to provide us with any reason for cancelling.

13.3. The length of the cooling-off period during which you can cancel the contract due to a change of mind depends on whether you have ordered services and/or digital content. It is also subject to certain exceptions that are set out in section 13.4 below. You can calculate the cooling-off period as follows:

For services you have up to 14 days after the day we contact you to accept your order to cancel the contract;
For digital content (whether one-off or subscription) you have up to 14 days after the day we contact you to accept your order to cancel the contract, unless you start to download or stream the digital content before that time (in which case, we will ask you to acknowledge before downloading or streaming that you have lost your cancellation rights).

13.4. If any of the following circumstances applies to the services and/or digital content that you have ordered, then the cancellation rights during the cooling-off period do not apply to you and you will not have the right to cancel the contract in respect of those services or digital content because you have changed your mind:

you have started to download the digital content that you ordered;
if the services have been completed;

13.5. If you want to cancel the contract because you have changed your mind, then you should let us know before the end of the cooling-off period (as calculated in accordance with section 13.3) in one of the following ways:

contacting us on the details set out in section 1 and include your name, email address, address and order details, providing a clear statement that you want to cancel;
or filling out the form that is available at http://www.nineninelab.com/contact-us and submitting it to us

13.6. If you cancel the contract during the cooling-off period after we have begun services because you have
requested us to begin the services during the cancellation period (but before we have completed them), then you will have to pay us for the services that we have provided to you up to the point at which you let us know that you want to cancel the contract because you have changed your mind. The costs will be a proportion of the total price of the services.

13.7. If you cancel the contract during the cooling-off period because you have changed your mind, then we will provide you with a refund for the services and/or digital content. We will provide you with a refund within 14 days of the day after you let us know that you want to cancel the contract.

14. Your rights to cancel the contract

14.1. In addition to your rights to cancel the contract during the cooling-off period set out in section 13, if any of the following circumstances apply, you have the right to cancel this contract immediately:

we have informed you that there was an error with the price or the description of the services and/or digital content when you placed the order, and you now do not wish to proceed based on the correct price or description;
we have informed you that we need to make a major change to the services and/or digital content (see section 5.3) and you do not want to proceed with the change;
there is a significant delay in providing the services and/or digital content to you, because of circumstances that are not within our control (see section 8.2);
we have informed you that we need to suspend the supply of services and/or digital content to you, for any of the reasons set out in section 9.1, for more than 6 weeks; or
you have some other legal right to cancel the contract because of something we have done.

14.2. If you do cancel the contract for any of the above reasons (section 14.1(a) to 14.1(e)), then we will provide you with a refund for any services and/or digital content that you have paid for but we have not yet provided, or we may provide you with a refund for any services and/or digital content that have not been properly provided to you.

14.3. If there is a fault with the services and/or digital content that we have provided to you, please see section 11 of these terms and conditions.

14.4. If you are cancelling the contract for any other reason that is not set out in section 14.1 or section 13 (where you are cancelling the contract during the cooling-off period), then the contract will end immediately and we will provide you with a refund for any services and/or digital content that you have paid for but not yet received. However, we may make a reduction from the refund due to you; or, if you are not due a refund because you have not yet made payment, then we may charge you an amount of reasonable compensation for costs that we incur due to you cancelling the contract.

15. Our rights to cancel the contract

15.1. If you don’t comply with your obligations in these terms and conditions, we may cancel the contract. The
following are examples of circumstances where we would consider that you have not complied with your obligations:

you do not pay us on time and you do not pay us within 5 days of us telling you that payment is overdue (see section 7.4);
you do not provide us with information that we have requested from you within a reasonable time (see section 10.1);

15.2. If we cancel the contract because you have not performed your obligations (including those examples listed in section 15.1), we will provide you with a refund for any services and/or digital content for which you have paid but not yet received. However we may make a reduction from the refund due to you, or if you are not due a refund because you have not yet made payment, then we may charge you, an amount of reasonable compensation for costs that we incur due to having to cancel the contract.

16. If we stop providing services and/or digital content

16.1. If the services and/or digital content with which we provide you are provided on an ongoing or subscription basis (and are not a one-off purchase), we may decide at some point in the future to stop providing them. If we decide to stop providing them, we will contact you at least 1 month before we stop providing them, to let you know. If you have made payment for services and/or digital content that we will no longer be providing to you, we will give you the relevant refund for what you will not receive.

17. General

17.1. We may transfer our rights and obligations under these terms and conditions to another organisation. We will contact you to let you know if we do so. Any transfer will not affect your rights under these terms and conditions.

17.2. You cannot transfer any of your rights or obligations under these terms and conditions to anyone else without first getting our consent in writing.

17.3. If a court decides that any part of these terms and conditions are invalid or unenforceable, the remaining sections of these terms and conditions will not be affected and will remain in place.

17.4. If we delay in exercising any right we have under the contract, this will not stop us from exercising that right against you at a later date.

17.5. Unless we transfer our rights and obligations to another organisation, then this contract is only between you and us. This means no other person or organisation is a party to this contract and they do not have any rights under the contract.

17.6. If there is ever any dispute between you and us, then it will be resolved using the law of England and Wales. If you live in England or Wales, we both agree respectively that proceedings will be brought in the English courts. However, if you live in Scotland, you can bring proceedings in Scottish or English courts and if you live in Northern Ireland you can bring proceedings in Northern Irish or English courts.

17.7. If you are dissatisfied with how we have handled your complaint, you can refer the dispute to the European Online Dispute Resolution Platform by following this link:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage