In these Terms and Conditions, the following expressions shall have the following meanings:
CDM Regulations
the Construction (Design and Management) Regulations 2015, including any re-enactment, amendment, addition or change to such legislation as may apply, and together with any requirements issued from time to time by the Health and Safety Executive.
Client Change Request Letter
a letter based on the template letter attached at Appendix D of the Letter.
Construction Act
the Housing Grants, Construction and Regeneration Act 1996, as may be amended, extended or re-enacted from time to time.
Contract
the contract between Van der Poll White Design Ltd and the Client for the Services, which comes into existence in accordance with clause 2.2.
Contractor
any contractor, electrician, tradesman, builder or supplier employed by the Client in relation to the Project.
Client
the person, company, authority or other body who instructs Van der Poll White Design Ltd to perform the Services, as identified in the Letter.
Fee
the fee set out in the Fee Proposal, as may be adjusted in accordance with these Terms and Conditions (including but not limited to clause 5).
Fee Proposal
the fee proposal attached at Appendix B of the Letter.
Letter
the letter issued by Van der Poll White Design Ltd to the Client in relation to the Project, which incorporates the Services, Fee Proposal, Terms and Conditions and the template Client Change Request Letter.
Project
the project described in the Letter.
Residential Occupier
a residential occupier as defined in s.106 of the Construction Act.
Services
the services to be provided by Van der Poll White Design Ltd as set out in Appendix A of the Letter, as may be varied, extended and/or added to by agreement in accordance with these Terms and Conditions.
Site
the site identified in the Letter.
Terms and Conditions
these terms and conditions as may be amended from time to time in accordance with clause 16.4.
the Scheme
the Scheme for Construction Contracts established by the Scheme for Construction Contracts (England & Wales) Regulations 1998, as may be amended, extended or re-enacted from time to time.
Van der Poll White Design Ltd
Van der Poll White Design Ltd (Company number: 13243549) who registered address is Turnpike House, 1208/1210 London Road, Leigh On Sea, Essex, United Kingdom, SS9 2UA.
2.1. The Letter constitutes an offer by Van der Poll White Design Ltd to provide the Services in accordance with the Letter.
2.2. The Letter shall be deemed accepted by the Client when Van der Poll White Design Ltd receives a signed copy of the Letter, at which point and on which date the Contract shall come into existence. If the Client instructs Van der Poll White Design Ltd to commence the Services without providing Van der Poll White Design Ltd with a signed copy of the Letter, Van der Poll White Design Ltd may (at its sole discretion) accept those instructions. In which case the Letter shall be deemed to be accepted on the date Van der Poll White Design Ltd accepts those instructions and the Contract will be deemed to come into existence on the date Van der Poll White Design Ltd starts performing the Services. Notwithstanding the date when the Contract comes into existence in accordance with this clause 2.2, Van der Poll White Design Ltd may ask the Client to provide a signed copy of the Letter. If the Client fails to provide a signed copy of the Letter within seven (7) days of Van der Poll White Design Ltd’s request, Van der Poll White Design Ltd may terminate the Contract with immediate effect.
2.3. The Contract contains the entire agreement between Van der Poll White Design Ltd and the Client. The Client acknowledges they have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of Van der Poll White Design Ltd which is not set out in this Contract. No other terms and conditions are incorporated into the Contract.
2.4. The Letter is valid for acceptance by the Client for thirty (30) days from its date of issue. After this date, Van der Poll White Design Ltd reserves the right to review and adjust its scope of Services, Fee Proposal, payment schedule and any staffing commitments. The Letter may only be accepted by the Client after that date if Van der Poll White Design Ltd have confirmed to the Client in writing that the Letter is still available for acceptance. Van der Poll White Design Ltd may withdraw the Letter at any time prior to acceptance.
3.1. Van der Poll White Design Ltd shall perform the Services using the reasonable skill and care ordinarily provided by design professionals performing similar services as the Services and practicing in the same or similar circumstances.
3.2. Notwithstanding any other provision, nothing in this Contract or otherwise shall imply that Van der Poll White Design Ltd’s design or any part of it will, when completed, be fit for the purposes for which it is required by the Client, as made known to Van der Poll White Design Ltd.
3.3. Where Van der Poll White Design Ltd is engaged to perform ‘online-only’ services, and Where Van der Poll White Design Ltd has provided to the Client a specification of the products referred to in its designs, along with the details of where the products can be purchased from, Van der Poll White Design Ltd shall have no responsibility for purchasing these products on behalf of the Client, and the cost of such products is not included within the Fee.
3.3.1. If Van der Poll White Design Ltd agrees in writing to purchase the products on behalf of the Client, the Client shall reimburse Van der Poll White Design Ltd the full cost of the product plus the administration fee specified in the Letter. Van der Poll White Design Ltd will do all it reasonably can to purchase the products from retailers at trade discount, but if this discount is not available it will purchase the product at retail price. The Fee shall be increased accordingly.
3.3.2. The Client acknowledges that if Van der Poll White Design Ltd agrees in writing to purchase the products in accordance with clause 3.3.1, Van Der Poll White Design Ltd is acting as the Client’s agent for such purposes only, and nothing in this Contract shall make or deem Van der Poll White Design Ltd liable as a supplier of the products, including but not limited to:
a) Van der Poll White Design Ltd shall have no liability if the products in the specification are no longer available for purchase, or their price has changed; and
b) Van der Poll White Design Ltd shall have no liability relating to the delivery of the products, the accuracy of the products in terms of size or colour, or the quality of the products.
4.1. The Client shall pay Van der Poll White Design Ltd the Fee for performing the Services. The Fee Proposal sets out the basis on which the Fee shall be charged (e.g. lump sums and/or time charge basis in accordance with hourly rates).
4.2. Van der Poll White Design Ltd shall submit invoices for each instalment of the Fee in accordance with the stages detailed in Fee Proposal. If no stages are set out in the Fee Proposal, Van der Poll White Design Ltd reserves the right to submit invoices for each instalment of the Fee at monthly intervals, beginning from when Van der Poll White Design Ltd first perform the Services. For ‘online only’ services Van der Poll White Design Ltd shall submit its invoice for the Fee at the outset of its instruction under the Contract, and Van der Poll White Design Ltd shall not be obliged to start performing the Services until the invoice has been paid by the Client. This invoice is non-refundable.
4.3. Van der Poll White Design Ltd’s hourly rates are not fixed rates, and they are subject to fluctuations on an annual basis. Van der Poll White Design Ltd will notify the Client in writing of any changes to the hourly rates. Van der Poll White Design Ltd reserves the right to amend these hourly rates sooner than annually at an interim date, at its sole discretion, should exceptional circumstances arise.
4.4. Van der Poll White Design Ltd’s invoices shall be payable as follows:
4.4.1. if the Client is a Residential Occupier:
a) the Client shall pay the invoice within thirty (30) days of the date of the invoice, in full and in cleared funds to a bank account nominated in writing by Van der Poll White Design Ltd;
b) if the Client fails to pay the sum due in accordance with this clause 4.4.1, Van der Poll White Design Ltd has the right (without prejudice to any other right or remedy Van der Poll White Design Ltd may have) to suspend performance of any or all of its obligations under the Contract with immediate effect;
4.4.2. in all other circumstances:
a) the due date for payment of each invoice shall be the date of the invoice (“the Payment Due Date”);
b) each invoice shall set out the sum Van der Poll White Design Ltd considers to be due at the Payment Due Date and the basis on which that sum is calculated, and will therefore constitute a payment notice under s.110A(3) of the Construction Act (“Payment Notice”);
c) the final date for payment of each invoice shall be thirty (30) days after the Payment Due Date (“the Final Payment Date”);
d) if the Client intends to pay less than the amount shown in Van der Poll White Design Ltd’s invoice, the Client may give Van der Poll White Design Ltd written notice of this intention (“a Pay Less Notice”) no later than seven (7) days before the relevant Final Payment Date, setting out the sum that the Client considers to be due, the basis on which that sum is calculated and the Client’s grounds for doing so;
e) the Client shall pay Van der Poll White Design Ltd the sum referred to in the Payment Notice or, if a valid Pay Less Notice has been served, the sum referred to in the Pay Less Notice, on or before the Final Payment Date;
f) if the Client fails to pay the sum due to Van der Poll White Design Ltd in accordance with subparagraph (e) above, Van der Poll White Design Ltd may give the Client at least seven (7) days' notice of its intention to suspend performance of any or all of its obligations under the Contract, stating the ground or grounds on which Van der Poll White Design Ltd intends to suspend performance. If the Client fails to make the payment within that notice period, Van der Poll White Design Ltd has the right (without prejudice to any other right or remedy) to suspend performance of any or all of its obligations under the Contract upon the expiry of that notice;
g) if Van der Poll White Design Ltd exercises any of the rights referred to in subparagraph (f) above, the Client will be liable to pay Van der Poll White Design Ltd on written demand a reasonable amount in respect of all and any costs and expenses reasonably incurred by Van der Poll White Design Ltd as a result of the exercise of any such right.
4.5. If the Client fails to pay Van der Poll White Design Ltd the sums due in accordance with clause 4.4 above, interest shall be added to the outstanding sum (in accordance with the Late Payments of Commercial Debts (Interest) Act 1998) at an annual rate of 8% above the Bank of England base rate. Interest will accrue on a daily basis until the actual date of payment. If the Client serves a Pay Less Notice under clause 4.4.2 and it is later agreed between the parties or decided in the course of adjudication or at trial that the Client is liable to pay Van der Poll White Design Ltd a greater sum, interest shall accrue in accordance with this clause 4.5 on the unpaid sum from the Final Payment Date to which that Pay Less Notice related.
4.6. In addition to the Fee, the Client shall pay Van der Poll White Design Ltd all costs and expenses associated with the Services to cover travel, accommodation, subsidence, printing, report and plan production/copying costs and any other reasonable expense incurred by Van der Poll White Design Ltd.
4.7. The Client has no right to set-off at common law or in equity any amount owed to the Client by Van der Poll White Design Ltd against the sums owed to Van der Poll White Design Ltd in accordance with clause 4.4 above. Van der Poll White Design Ltd may at any time, without limiting its other rights or remedies, set off any amount owed to Van der Poll White Design Ltd by the Client against any amounts payable by Van der Poll White Design Ltd to the Client (whether or not those amounts are owed or payable under this Contract).
5.1. If there is a change to the Services and/or Van der Poll White Design Ltd is required to become involved in any additional services or work (including meetings) and/or incur extra expense (“Additional Services”), Van der Poll White Design Ltd shall be entitled to additional remuneration. Such additional remuneration shall be added to the Fee.
5.2. The additional remuneration under clause 5.1 shall be calculated by Van der Poll White Design Ltd on a time charge basis in accordance with the hourly rates specified in the Fee Proposal (as may be adjusted in accordance with these Terms and Conditions), unless otherwise agreed. Or, if no such rates are specified or otherwise agreed, the additional remuneration shall be calculated by Van der Poll White Design Ltd on a fair and reasonable basis.
5.3. Van der Poll White Design Ltd shall issue a Client Change Request Letter to the Client confirming Van der Poll White Design Ltd’s additional remuneration for any Additional Services. Van der Poll White Design Ltd’s failure to issue a Client Change Request Letter shall not negate Van der Poll White Design Ltd’s entitlement to additional remuneration under this clause 5.
6.1. The Client shall (or shall procure that a third party appointed by the Client shall) supply to Van der Poll White Design Ltd, without charge and in such reasonable time as not to delay or disrupt the performance by Van der Poll White Design Ltd of the Services, all necessary and relevant data and information in the possession of the Client or its servants, agents or sub-contractors or which may only be obtained by the Client.
6.2. The Client shall give its approval (or otherwise) to all sketches, drawings, reports, recommendations, tender documents and other matters properly referred to it for approval by Van der Poll White Design Ltd in such reasonable time as not to delay or disrupt the performance by Van der Poll White Design Ltd of the Services.
6.3. The Client shall co-operate with Van der Poll White Design Ltd, and ensure the Contractor(s) and any other contractor, consultants, employees or agents involved in the Project co-operate with Van der Poll White Design Ltd in all matters relating to the Services and/or Project in a timely manner. Van der Poll White Design Ltd shall not be required to co-operate or co-ordinate its Services with the Contractor(s) or any other contractor, consultants, employees or agents involved in the Project.
6.4. The Client shall provide Van der Poll White Design Ltd, its employees and agents with safe access to the Site.
6.5. The Client shall obtain and maintain all necessary licences, permissions and consents relating to the Project which may be required for the performance by Van der Poll White Design Ltd of the Services and/or its obligations under the Contract.
7.1. The Client is deemed to have inspected and examined the Site, its physical and other conditions or existing structures thereon, and generally to have obtained for itself all necessary information as to risks contingencies and all other circumstances influencing or affecting the Services and their execution and/or the Project.
7.2. Van der Poll White Design Ltd shall be entitled to rely upon the accuracy and completeness of any survey, drawing, report, dimensions, measurements or other document or information prepared by or on behalf of the Client (including but not limited to any drawing or report prepared by the Contractor or any other consultant involved in the Project).
7.3. The Client shall not be entitled to rely on any representations made by Van der Poll White Design Ltd regarding the suitability for use of the Site, its physical and other conditions or existing structures thereon.
7.4. Notwithstanding any other provision in the Contract, the Client acknowledges that where Van der Poll White Design Ltd is engaged to perform ‘online only’ services:
7.4.1. Van der Poll White Design Ltd will not visit the Site and will have no liability in relation to whether the Services comply with, or take into account the dimensions of, the Site;
7.4.2. any drawings, dimensions and measurements prepared by Van der Poll White Design Ltd are for information only, and Van der Poll White Design Ltd shall have no liability as to their accuracy; and
7.4.3. the Client shall provide to Van der Poll White Design Ltd all necessary drawings, dimensions and measurements prepared by or on behalf of the Client in relation to the Site as required in order for Van der Poll White Design Ltd to perform the Services (including but not limited to any drawing prepared by the Contractor or any other consultant involved in the Project), and the Client warrants the accuracy and completeness of the same.
Both parties shall comply with their respective obligations under the CDM Regulations insofar as they apply to the Project. The Client shall notify Van der Poll White Design Ltd of the identity of the principal designer and principal contractor appointed by the Client for the purposes of the CDM Regulations at any time. As a designer, Van der Poll White Design Ltd shall co-operate with the principal designer and principal contractor appointed by the Client for the purposes of the CDM Regulations.
9.1. Van der Poll White Design Ltd will use reasonable endeavours to meet the Client’s programme for the Project, provided Van der Poll White Design Ltd receives reasonable notice of such programme and related performance dates prior to the date of the Contract.
9.2. Van der Poll White Design Ltd shall not be liable for any delays to the Services and/or the Project or consequential costs and/or losses in relation to requests for information and response times from statutory and non-statutory organisations.
9.3. Van der Poll White Design Ltd shall not be liable for any over-run of works or delays to the Services and/or the Project due to third party suppliers, tradespeople or sub-contractors.
Van der Poll White Design Ltd will maintain public liability, professional liability and employer’s liability insurance as required by law and as reasonably necessary in connection with Van der Poll White Design Ltd’s performance of the Services, provided such insurance continues to be offered on commercially reasonable terms to Van der Poll White Design Ltd at the time when the insurance is taken out or renewed. Van der Poll White Design Ltd will provide documentary evidence by way of a broker’s letter that such insurance is being maintained upon reasonable request of the Client.
11.1. Without affecting any other limitation in the Contract, nothing in the Contract shall limit or exclude Van der Poll White Design Ltd’s liability for:
11.1.1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; or
11.1.2. fraud or fraudulent misrepresentation.
11.2. Subject to clause 11.1:
11.2.1. without affecting any other limitation in the Contract, Van der Poll White Design Ltd shall not be liable to the Client whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract;
11.2.2. without affecting any other limitation in the Contract, Van der Poll White Design Ltd’s total liability to the Client under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise shall be limited to a sum equal in value to the amount of the Fee paid by the Client to Van der Poll White Design Ltd in respect of the Services.
11.3. Without affecting any other limitation in the Contract, Van der Poll White Design Ltd’s liability for any loss or damage (“the loss and damage”) under this Contract shall not exceed such sum as it would be just and equitable for Van der Poll White Design Ltd to pay having regard to the extent of its responsibility for the loss and damage and on the assumptions that:
11.3.1. the Contractor(s) and all other consultants and advisers, contractors and sub-contractors involved in the Project shall have provided the Client with contractual undertakings on terms no less onerous than those set out in this Contract in respect of the carrying out of their obligations in connection with the Project;
11.3.2. there are no exclusions or limitations of liability or joint insurance or co-insurance provisions between the Client and any other party referred to in this clause; and
11.3.3. all the parties referred to in this clause have paid to the Client such proportion of the loss and damage which it would be just and equitable for them to pay having regard to the extent of their responsibility for the loss and damage.
11.4. Notwithstanding how the Letter is executed or how the Contract comes into existence under clause 2.2, the Client shall not commence any legal action against Van der Poll White Design Ltd whether in contract or in tort or in delict or in negligence or for breach of statutory duty or otherwise under this Contract after 6 years from the date Van der Poll White Design Ltd first performed the Services (or from the date of the Letter, if earlier).
11.5. None of Van der Poll White Design Ltd’s employees or agents shall be personally liable to the Client for any negligence, default or any other liability whatsoever arising from performance of the Services and/or Van der Poll White Design Ltd’s obligations under the Contract.
11.6. Van der Poll White Design Ltd shall not be liable for:
11.6.1. any loss, damage, costs, expenses or other claims for compensation arising from any information or instructions supplied by or on behalf of the Client which is or are incomplete, incorrect or inaccurate;
11.6.2. the detection or removal of hazardous substances at the Site;
11.6.3. the construction site safety and means and methods of construction used by the Contractors;
11.6.4. project management of the construction site (unless otherwise agreed); or
11.6.5. providing any service not confirmed by Van der Poll White Design Ltd in writing.
11.7. This clause 11 shall survive termination of the Contract.
12.1. Van der Poll White Design Ltd shall own the copyright and intellectual property rights in all the material, drawings and documents produced by or on behalf of Van der Poll White Design Ltd in performing the Services (the Documents).
12.2. Provided all sums properly due to Van der Poll White Design Ltd under this Contract have been paid, and subject always to clauses 12.3 and 12.4, the Client shall have a non-exclusive licence to use, copy and reproduce the Documents for purposes related to the construction, repair, maintenance, use and occupancy of, and publicity for, the Project. Van der Poll White Design Ltd shall not be liable for any use of the Documents other than for the purpose for which they were originally produced.
12.3. The Client (or anyone on behalf of the Client) shall not distribute or alter in whole or in part the contents of any Document supplied by Van der Poll White Design Ltd without the prior written consent of a director of Van der Poll White Design Ltd.
12.4. The Client warrants to Van der Poll White Design Ltd that the use of the Documents for the purposes of the Project will not infringe the rights of any third person.
12.5. The Consultant has a moral right to be identified as author of the Documents in accordance with section 77, Copyright Designs and Patents Act 1988.
The Client shall not assign this Contract without the written consent of Van der Poll White Design Ltd, such consent not to be unreasonably withheld.
14.1. If the Client suspends the Services and/or the Project for more than thirty-one (31) consecutive days, the Client shall immediately pay Van der Poll White Design Ltd for all Services performed in accordance with the Contract up to and including the date of suspension, in accordance with the provisions in clause 4.
14.2. If the Client suspends the Services and/or the Project for more than ninety (90) cumulative days for reasons other than the fault of Van der Poll White Design Ltd, Van der Poll White Design Ltd may terminate the Contract by giving not less than seven (7) days’ written notice, and the provisions of clause 15 shall apply.
14.3. Van der Poll White Design Ltd may suspend performance of the Services under the Contract if the Client commits a material breach of the Contract (which may include the Client’s failure to make payment to Van der Poll White Design Ltd in accordance with this Contract).
14.4. When the Services and/or Project are resumed, the Client shall pay Van der Poll White Design Ltd for all losses, expenses and costs incurred by Van der Poll White Design Ltd as a result of the interruption and resumption of the Services and/or the Project. Van der Poll White Design Ltd may also, at its sole discretion, adjust the Fee and any agreed programme accordingly.
14.5. In the event of a suspension of the Services, Van der Poll White Design Ltd shall have no liability to the Client for any delay or damage to the Project incurred arising from such suspension.
15.1. Van der Poll White Design Ltd may terminate this Contract at any time without cause, by giving the Client (7) seven days’ written notice.
15.2. Upon termination of the Contract for any reason:
15.2.1. the Client shall immediately pay to Van der Poll White Design Ltd all sums currently due for payment under clause 4;
15.2.2. in respect of the Services Van der Poll White Design Ltd have performed but for which Van der Poll White Design Ltd have not submitted an invoice, Van der Poll White Design Ltd shall submit an invoice. Such invoice shall be payable by the Client in accordance with the provisions in clause 4;
15.2.3. the Client shall reimburse Van der Poll White Design Ltd (on an indemnity basis) for any loss and/or damage caused to Van der Poll White Design Ltd due to the termination;
15.2.4. the Client shall return all of Van der Poll White Design Ltd’s materials which have not been fully paid for. If the Client fails to do so, then Van der Poll White Design Ltd may enter the Site and take possession of them. Until they have been returned, the Client shall be solely responsible for their safe keeping and will not use them for any purpose not connected with the Contract;
15.2.5. the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of contract which existed at or before the date of termination or expiry; and
15.2.6. clauses of the Contract which expressly or by implication survive termination shall continue in full force and effect.
16.1. The Client authorises Van der Poll White Design Ltd to distribute electronic files of the Project to Contractors and designers related directly to the Project.
16.2. Van der Poll White Design Ltd may in the course of the Services recommend the Client appoints certain Contractors and/or retailers for use in the Project. Such recommendations are referrals only, and Van der Poll White Design Ltd shall have no responsibility for the Contractors or retailers, and no liability for their works, services, actions and/or omissions. Van der Poll White Design Ltd shall not be required to appoint the Contractors and/or retailers direct, as this will be the Client’s responsibility as the client.
16.3. Van der Poll White Design Ltd has the right to photograph the Project and to be identified as designers of the Project in all Project marketing materials (notwithstanding clause 12.5).
16.4. All additions, amendments and variations to the Contract, including the introduction of new terms and conditions, shall be binding only if agreed in writing by duly authorised representatives of both the Client and Van der Poll White Design Ltd.
16.5. To the extent that either the Client or Van der Poll White Design Ltd processes personal data, as part of this Agreement, the Client undertakes to do so in compliance with the General Data Protection Regulation (GDPR) and to keep such personal data in a secure technological environment.
16.6. A person who is not a party to the Contract shall not have any right to enforce the Contract.
16.7. A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
16.8. Either party to the Contract may refer any dispute arising under the Contract to adjudication. Part 1 of the Scheme, as varied by the Contract, applies to any such adjudication. The parties may agree the identity of the adjudicator. Where an adjudicator is not agreed within 2 days of the notice being given the referring party shall immediately apply to the Royal Institute of Chartered Surveyors for the nomination of an adjudicator.
16.9. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
16.10. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).
17.1. If the Client is a consumer under the Consumer Contracts (information, Cancellation and Additional Charges) Regulations 2013, the Client has a right to cancel the Contract, for any reason, by sending a notice of cancellation to Van der Poll White Design Ltd at any time within 14 days of the Contract coming into existence in accordance with clause 2.2 of the Terms and Conditions.
17.2. If Van der Poll White Design Ltd were instructed to perform any Services before the Contract came into existence or before the end of the 14 day period referred to in clause 17.1, and the instructions were confirmed in writing, Van der Poll White Design Ltd shall be entitled to any fees and expenses properly due before Van der Poll White Design Ltd received the notice of cancellation.
This Privacy Policy describes the policies of Van der Poll White Design Ltd, Turnpike House, 1208/1210, London Road, Leigh-on-Sea, Southend-on-Sea, Essex SS9 2UA, United Kingdom of Great Britain and Northern Ireland (the), email: info@vanderpollwhite.co.uk, on the collection, use and disclosure of your information that we collect when you use our website (https://www.vanderpollwhite.co.uk/). (the 'service'). By accessing or using the Service, you are consenting to the collection, use and disclosure of your information in accordance with this Privacy Policy. If you do not consent to the same, please do not access or use the Service.
We may modify this Privacy Policy at any time without any prior notice to you and will post the revised Privacy Policy on the Service. The revised policy will be effective 180 days from when the revised policy is posted in the Service and your continued access or use of the Service after such time will constitute your acceptance of the revised Privacy Policy. We therefore recommend that you periodically review this page.
Information We Collect
We will collect and process the following personal information about you:
How We Collect Your Information
We collect/receive information about you in the following manner:
How We Use Your Information
We will use the information that we collect about you for the following purposes:
If we want to use your information for any other purpose, we will ask you for consent and will use your information only on receiving your consent and then, only for the purpose(s) for which grant consent unless we are required to do otherwise by law.
How We Share Your Information
We will not transfer your personal information to any third party without seeking your consent, except in limited circumstances as described below:
Analytics
We require such third party's to use the personal information we transfer to them only for the purpose for which it was transferred and not to retain it for longer than is required for fulfilling the said purpose.
We may also disclose your personal information for the following: (1) to comply with applicable law, regulation, court order or other legal process; (2) to enforce your agreements with us, including this Privacy Policy; or (3) to respond to claims that your use of the Service violates any third-party rights. If the Service or our company is merged or acquired with another company, your information will be one of the assets that is transferred to the new owner.
Retention Of Your Information
We will retain your personal information with us for 90 days to 2 years after users terminate their accounts or for as long as we need it to fulfil the purposes for which it was collected as detailed in this Privacy Policy. We may need to retain certain information for longer periods such as record-keeping / reporting in accordance with applicable law or for other legitimate reasons like enforcement of legal rights, fraud prevention, etc. Residual anonymous information and aggregate information, neither of which identifies you (directly or indirectly), may be stored indefinitely.
Your Rights
Depending on the law that applies, you may have a right to access and rectify or erase your personal data or receive a copy of your personal data, restrict or object to the active processing of your data, ask us to share (port) your personal information to another entity, withdraw any consent you provided to us to process your data, a right to lodge a complaint with a statutory authority and such other rights as may be relevant under applicable laws. To exercise these rights, you can write to us at info@vanderpollwhite.co.uk. We will respond to your request in accordance with applicable law.
You may opt-out of direct marketing communications or the profiling we carry out for marketing purposes by writing to us at info@vanderpollwhite.co.uk
Do note that if you do not allow us to collect or process the required personal information or withdraw the consent to process the same for the required purposes, you may not be able to access or use the services for which your information was sought.
Cookies Etc.
To learn more about how we use these and your choices in relation to these tracking technologies, please refer to our Cookie Policy.
Security:
The security of your information is important to us and we will use reasonable security measures to prevent the loss, misuse or unauthorised alteration of your information under our control. However, given the inherent risks, we cannot guarantee absolute security and consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.
Third Party Links & Use Of Your Information:
Our Service may contain links to other websites that are not operated by us. This Privacy Policy does not address the privacy policy and other practices of any third parties, including any third party operating any website or service that may be accessible via a link on the Service. We strongly advise you to review the privacy policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Grievance / Data Protection Officer:
If you have any queries or concerns about the processing of your information that is available with us, you may email our Grievance Officer at email: info@vanderpollwhite.co.uk. We will address your concerns in accordance with applicable law.
By using the vanderpollwhite.co.uk website you are confirming that you are happy to accept our use of cookies. Here you can find out more about how we use them.
In this cookie policy you can read about:
When we use words like "us", "we", "our" we mean Van der Poll White Design Ltd. You can find our company details below. We are the data controller of the data collected through the use of cookies on our website.
Our website is https://www.vanderpollwhite.co.uk.
When we refer to "you" we mean you as a user or visitor of our website.
This policy is part of our privacy policy. Our use of cookies may include processing of your personal data and we therefore recommend that you read our privacy policy, which can be found here https://www.vanderpollwhite.co.uk/terms-and-conditions
Consent
Where you have consented to our use of cookies, apart from necessary cookies, you consent to our use of cookies as described under "Types of cookies and how we use them" below. You may at any time change or withdraw your cookie consent - See the section "How you can change your cookie settings, incl. opting out" below.
What do I need to know about cookies?
There are different types of cookies and they are used for different purposes.
Below you can read about what a cookie is, the difference between first and third party cookies and session cookies vs. persistent cookies and what types of cookies we use on our website and why.
What is a cookie?
A cookie is a small piece of data that a website stores on your device when you visit it and which is then read when you later revisit the site. The word "cookies" in this policy and the consent also refers to other forms of automatic collection of data, e.g. Flash-cookies (Local Shared Objects), Web Storage (HTML5), Javascripts or cookies placed by other software.
A cookie may contain information about the website itself, a unique identifier that allows the site to recognise your web browser when you return to the website, additional data that serves the purpose of the cookie, and the lifespan of the cookie itself.
The word "cookies" or "cookie data" also covers information about IP and MAC addresses and other information about your device collected by said technologies.
Cookies are used to enable certain features (e.g. logging in), to track site usage (e.g. analytics), to store your user settings (e.g. timezone, notification preferences), and to personalise your content (e.g. advertising, language).
Session cookies vs. persistent cookies
Session cookies only last as long as your online session. This means that they will disappear from your computer or device when you close your browser. They are therefore also sometimes referred to as temporary cookies. Typically, session cookies are used to remember what a user put in their basket when they are browsing a website.
Persistent cookies are different. These cookies are sometimes called permanent cookies. They will stay on your computer or device after you close your browser. These types of cookies will expire according to the time specified in the cookie.
What’s the difference between first and third party cookies?
First party cookies are cookies that are set by the website that you are visiting and it's only this website that can access and read these cookies.
Third party cookies are set by someone other than the owner of the website you’re visiting. As an example, some pages have content from other sites like YouTube. YouTube may set their own cookies on your browser when you play the video from YouTube. Cookies set by other sites and companies (i.e. third parties) can be used to track you on other websites that use the same third-party service.
We may engage third parties to assist with maintenance, operation, creation or functionality of our website, e.g. analytics providers and content partners. We grant these third parties’ access to selected information to perform specific tasks on our behalf.
We are, as a general rule, joint controller with providers of third-party cookies for the collection of personal data via such cookies and the disclosure to the provider. The provider of third-party cookies is data controller for the processing taking place after receiving the personal data from us.
Types of cookies and how we use them
Necessary cookies
Necessary cookies are required for the basic functionality of our website to work.
We also use necessary cookies to help with ensuring that you are given the option to accept or reject cookies, block non-necessary cookies from working until you give consent, and remember your cookie settings and choices. The cookies also help keep track of, if, and when, you gave consent to analytical cookies, T&Cs and email marketing.
It's not necessary to accept nor possible to reject the use of necessary cookies as they are core for the functionality of our website. Here are the necessary cookies we use, what we use them for, the specific cookies providers and each cookie’s duration:
Provider: Preferences
Purpose: We use preference cookies so we can remember the settings you changed on our website.
Analytical cookies
Analytical cookies gather statistics. We use this information to make our website even better. The information collected via the analytical cookies track how you use our website during your visit. It helps us understand visitor usage patterns, identify, and diagnose problems or errors you may encounter, and make better strategic decisions in improving the website experience.
Here are the analytical cookies we use, what we use them for, the specific cookie providers and each cookie’s duration:
Provider: Google Analytics
Purpose: To better understand visitor usage patterns, identify, and diagnose problems or errors you may encounter, and make better strategic decisions in improving the website experience.
Targeting/advertising cookies
Targeting/advertising cookies are used in determining what promotional content is more relevant and appropriate to you and your interests. Websites may use them to deliver targeted advertising or to limit the number of times you see an advertisement. This helps companies improve the effectiveness of their campaigns, and the quality of content presented to you. These cookies may be set by the website you’re visiting (first party) or by third-party services. Targeting/advertising cookies set by a third-party service may be used to track you on other websites that use the same third-party service.
Here are the advertising/targeting cookies we use, what we use them for, the specific cookie providers and each cookie’s duration:
How you can change your cookie settings, incl. opting out
We always give you the option to change your consent. If you at one point gave consent to non-necessary cookies on our website, you can always change which cookies you will give consent to.
It's possible to instruct your browser to refuse cookies from our website. Most browsers are configured to accept cookies by default, but you can update these settings to either refuse cookies altogether, or to notify you when a website is trying to set or update a cookie. If you use multiple browsers and wish to block cookies or change or withdraw your consent, remember to do this in all browsers.
If you browse websites from multiple devices, you may also need to update your settings on each individual device.
Although some cookies can be blocked with little impact on your experience of a website, blocking all cookies may mean you are unable to access certain features and content on the site.
Who are we and how can you contact us?
Here is our company information:
Van der Poll White Design Ltd.
Registered Company Address: Turnpike House, 1208/1210, London Road, Leigh-on-Sea, Southend-on-Sea, Essex SS9 2UA
United Kingdom of Great Britain and Northern Ireland
Company registration number: 13243549
You can always write to us at: info@vanderpollwhite.co.uk
Ready to get started with your project?
Just get in touch below we would love to hear from you.
© Copyright 2021 Van der Poll White
