Terms & Conditions


CONTENTS
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SCHEDULE
Schedule 1 Model Cancellation Form for consumer customers 1

 Our terms

  • These terms
  • What these terms cover.   These are the terms and conditions on which we supply our services to you.
  • Why you should read them.  Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
  • Are you a business customer or a consumer?  In some areas you will have different rights under these terms depending on whether you are a business or consumer.
    You are a consumer if: 
    • You are an individual.
    • You are buying services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

    Provisions specific to consumers only are in RED and those specific to businesses only are in BLUE.
  • If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
  • Information about us and how to contact us
  • Who we are. We are My Paper Vault Ltd a company registered in England and Wales. Our company registration number is 10712198 and our registered office is at 7 Bath Road, Old Town, Swindon, SN1 4AS.
  • How to contact us. You can contact us by telephoning our customer service team at [01252 759846] or by writing to us at [admin@mypapervault.co.uk] and 7 Bath Road, Old Town, Swindon SN1 4AS.
  • How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
  • "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
  • Our contract with you
  • How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
  • If we cannot accept your order. If we are unable to accept your order, we will inform you of this. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the service.
  • Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
  • We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
    Our Services
  • Storage of your documentation We grant you a licence of a storage room to store your documentation so long as your payments are up to date. We licence you but no other person to use the room in accordance with these terms during the period commencing on the date of payment of the Licence Fee and ending on termination of this agreement (“Licence Period”).
  • Your rights to make changes
  • If you wish to make a change to the service you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the service, the timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
  • Our rights to make changes
  • Minor changes to the services. We may change the service:
  • to reflect changes in relevant laws and regulatory requirements; and
  • to implement minor technical adjustments and improvements, for example to address a security threat.
  • More significant changes to the services and these terms. In addition, as we informed you in the description of the services on our website, we may make the changes to these terms or the service, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received.
  • Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
  • Providing the services
  • Storage costs. The costs of storage will be as displayed to you on our website.
  • When we will provide the services. During the order process we will let you know when we will provide the services to you. We will supply the services, goods or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
  • We are not responsible for delays outside our control. If our services are delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
  • Collection by you. If you have asked to collect the documentation from our premises, you can collect them from us at any time during our working hours of [09:00 – 17:00] on weekdays (excluding public holidays).
  • What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services to you, for example, your details, details of Executors, Attorneys etc who you wish to allow access to your documentation. If so, this will have been stated in the description of the services on our website and order. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
  • Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
  • deal with technical problems or make minor technical changes;
  • update the services to reflect changes in relevant laws and regulatory requirements;
  • make changes to the services as requested by you or notified by us to you (see clause 6).
  • Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than 1 month in any 12 month period we will adjust the price so that you do not pay for services while they are suspended. You may contact us to end the contract for a service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 1 month and we will refund any sums you have paid in advance for the service in respect of the period after you end the contract.
  • We may also suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 13.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend the services where you dispute the unpaid invoice (see clause 13.7). We will not charge you for the services during the period for which they are suspended. As well as suspending the services we can also charge you interest on your overdue payments (see clause 13.6).
  • Your rights to end the contract
  • You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
  • If the service you have bought is faulty or misdescribed you may have a legal right to end the contract (or a service re-performed or to get some or all of your money back), see clause 12 if you are a consumer and clause Error! Reference source not found. if you are a business;
  • If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
  • If you are a consumer and have just changed your mind about the service, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
  • In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.7 OR clause Error! Reference source not found.
  • Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
  • we have told you about an upcoming change to the services or these terms which you do not agree to (see clause 6.2);
  • we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
  • there is a risk that supply of the services may be significantly delayed because of events outside our control;
  • we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 1 month; or
  • you have a legal right to end the contract because of something we have done wrong.
  • Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
  • Right under the Consumer Contracts Regulations 2013
    14 day period to change your mind.
    Consumer to pay costs of return.
  • When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
  • digital services after you have started to download or stream these;
  • services, once these have been completed, even if the cancellation period is still running;
  • How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
  • Have you bought services (for example, storage of your documentation)? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
  • Have you bought digital content for download or streaming (for example, the supply of your documentation in digital content)? if so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
  • Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for digital content is completed when the digital content is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
  • How to end the contract with us (including if you are a consumer who has changed their mind)
    Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
  • Phone or email. Call customer services on 01252 759846] or email us at admin@mypapervault.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
  • By post. Write to us at My Paper Vault, Ferneberga House, Alexander Road, Farnborough, GU14 6DQ.
  • Returning documentation after ending the contract. If you end the contract for any reason after documentation has been delivered to us you must collect them from us at your own cost. Please call customer services on [01252 759846] or email us at [admin@mypapervault.co.uk] to arrange collection. If you are a consumer exercising your right to change your mind you must collect the documentation within 14 days of telling us you wish to end the contract.
  • When we will pay the costs of return. We will pay the costs of return:
  • if the services are faulty or misdescribed;
  • if you are ending the contract because we have told you of an upcoming change to the services or these terms, an error in pricing or description, a delay due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
  • What we charge for collection. If you are responsible for the costs of collecting and we are delivering the documentation to you, we will charge you the direct cost to us of a courier delivery service.
  • How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the services, by the method you used for payment. However, we may make deductions from the price, as described below.
  • When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind we may deduct from any refund an amount for the supply of the service for the period or which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
  • When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind
  • Our rights to end the contract
  • We may end the contract if you break it. We may end the contract for services at any time by writing to you if:
  • you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
  • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the service, for example, your details, details of attorneys or executors.
  • you do not, within a reasonable time, allow us to deliver the services to you;
  • You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
  • We may withdraw the service. We may write to you to let you know that we are going to stop providing the product. We will let you know at least one month in advance of our stopping the supply of the service and will refund any sums you have paid in advance for services which will not be provided.
  • If there is a problem with the service
  • How to tell us about problems. If you have any questions or complaints about the service, please contact us. You can telephone our customer service team at 01252 759846 or write to us at admin@mypapervault.co.uk and My Paper Vault, Ferneberga House, Alexander Road, Farnborough, GU14 6DQ.
  • Your rights in respect of defective services if you are a consumer
  • If you are a consumer we are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.
  • Summary of your key legal rights
    This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
  •   If your product is digital content, for example a mobile phone app, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
  • a) If your digital content is faulty, you're entitled to a repair or a replacement.
  • b) 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.
  • c) If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation
  • See also clause 8.3.
  • If your product is services, for example storage of your documentation, the Consumer Rights Act 2015 says:
  • a) 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.
  •  b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
  • c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
  • See also clause 8.2.
  • Price and payment
  • Where to find the price for the services. The price of the services (which includes VAT) will be the price indicated on the order pages when you placed your order. We take reasonable care to ensure that the price of the service advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the service you order.
  • We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the service in full before the change in the rate of VAT takes effect.
  • What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the service’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the service's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the collection of any documentation provided by you.
  • When you must pay and how you must pay. We accept online payment via our online secure portal. Most credit and debit cards are accepted, and we will debit you annually on the anniversary of your subscription.
  • Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
  • We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of The Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
  • What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
  • Our responsibility for loss or damage suffered by you if you are a consumer.
  • We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services including the right to receive services which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987
  • When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
  • We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 15.
  • Our responsibility for loss or damage suffered by you if you are a business
  • Nothing in these terms shall limit or exclude our liability for:
  • death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
  • fraud or fraudulent misrepresentation;
  • breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; [or]
  • defective products under the Consumer Protection Act 1987[; or]
  • any matter in respect of which it would be unlawful for us to exclude or restrict liability.
  • Except to the extent expressly stated in clause 15.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
  • Subject to clause 15.1:
  • we shall not be liable to you, 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 any contract between us; and
  • our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the total sums paid by you for products under such contract.
  • How we may use your personal information
    How we will use your personal information. We will only use your personal information as set out in our  PRIVACY POLICY .
  • Other important terms
  • We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
  • Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
  • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
  • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
  • Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
  • Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us 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 and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
  • Model Cancellation Form for consumer customers
    (Complete and return this form only if you wish to withdraw from the contract)
    To My Paper Vault Limited
    Ferneberga House
    Alexandra Road
    Farnborough
    GU14 6DQ
    admin@mypapervault.co.uk
    I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following supply of the service.
    Ordered on [*]
    Name of consumer(s),
    Address of consumer(s),
    Signature of consumer(s) (only if this form is notified on paper),
    Date
    [*] Delete as appropriate
    © Crown copyright 2013.
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