Terms & Conditions

This agreement applies as between you, the User of this Web Site and Mimic Bee, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.

Definitions and Interpretation 

In this Agreement the following terms shall have the following meanings:  

“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

“Service” means collectively any online facilities, tools, services or information that Mimic Bee makes available through the Web Site either now or in the future;

“System” means any online communications infrastructure that Mimic Bee makes available through the Web Site either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users” means any third party that accesses the Web Site and is not employed by Mimic Bee and acting in the course of their employment; and

“Web Site” means the website that you are currently using (www.mimicbee.com).

Intellectual Property

All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Mimic Bee, our affiliates or other relevant third parties.  By continuing to use the Web Site you acknowledge that such material is protected by applicable Jersey and International intellectual property and other relevant laws.

Copyright

Copyright in all content belongs to Mimic Bee, you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Mimic Bee.

Links to Other Web Sites

This Web Site may contain links to other sites.  Unless expressly stated, these sites are not under the control of Mimic Bee or that of our affiliates.  We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.mimicbee.com without prior permission.

General Terms

Mimic Bee 's employees or agents are not authorised to make any representations concerning the Services unless confirmed by Mimic Bee  in writing.  In entering into a Contract, the Client acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed. No variation to this Agreement shall be binding unless agreed in writing between the authorised representatives of the Client and Mimic Bee .

Sales literature, price lists and other documents issued by Mimic Bee  in relation to the Services are subject to alteration without notice and do not constitute offers to sell the Services which are capable of acceptance. An order placed by the Client may not be withdrawn cancelled or altered prior to acceptance by Mimic Bee and no contract for the sale of the Services shall be binding on Mimic Bee  unless Mimic Bee  has issued a quotation which is expressed to be an offer to sell the goods and services or has accepted an order placed by the Client by whichever is the earlier of: Mimic Bee 's written acceptance; delivery of the Services; or Mimic Bee's invoice.

Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Mimic Bee  shall be subject to correction without any liability on the part of Mimic Bee .

The Services

With effect from the Commencement Date Mimic Bee shall, in consideration of the Fees being paid in accordance with the Terms of Payment will provide the services expressly identified in the accepted Quotation. Mimic Bee will use reasonable care and skill to perform the services identified in the accepted Quotation or otherwise agreed under this Agreement.

Mimic Bee shall use all reasonable endeavours to complete its obligations under the Schedule, but time will not be of the essence in the performance of these obligations.

Price

The price of the Services shall be in the issued Quotation current at the date of acceptance of the Client's order or such other price as may be agreed in writing by Mimic Bee and the Client. Where Mimic Bee has quoted a price for the Services other than in accordance with Mimic Bee's published price list the price quoted shall be valid for 14 days only or such lesser time as Mimic Bee may specify.

Mimic Bee reserves the right, by giving notice to the Client at any time before delivery, to increase the price of the Services to reflect any increase in the cost to Mimic Bee which is due to any factor beyond the control of Mimic Bee (such as, without limitation, any foreign exchange fluctuation currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in performance dates or specifications for the Services which are requested by the Client, or any delay caused by any instructions of the Client or failure of the Client to give Mimic Bee adequate information or instructions. 

Payment

All payments required to be made pursuant to this Agreement by either party shall be made without any set-off, withholding or deduction except such amount (if any) of tax as that party is required to deduct or withhold by law.

The time of payment shall be of the essence of this Agreement.  If the Client fails to make any payment on the due date in respect of the price or any other sum due under this Agreement then Mimic Bee shall, without prejudice to any right which Mimic Bee may have pursuant to any statutory provision in force from time to time, have the right to charge the Client interest on a daily basis at an annual rate equal to the aggregate of 4 per cent and the base rate of Standard Bank Jersey from time to time on any sum due and not paid on the due date.  Such interest shall be calculated cumulatively on a daily basis and shall run from day to day and accrue after as well as before any judgement. All payments shall be made to Mimic Bee as indicated on the form of acceptance or invoice issued by Mimic Bee.

Cancellation

You are free to cancel the Services and These Terms and Conditions without notice at any time before We begin providing them. Once We have begun providing the Services, You are free to cancel the Services and These Terms and Conditions at any time by giving Mimic Bee [ Insert period ] days written notice. If You have made any payment to Mimic Bee for any Services We have not yet provided, these sums will be refunded to You. If We have provided Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment in accordance with These Terms and Conditions.

If any of the following occur, You may cancel the Services and These Terms and Conditions immediately by giving Mimic Bee written notice.  If You have made any payment to Mimic Bee for any Services We have not yet provided, these sums will be refunded to You. If We have provided Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment in accordance with These Terms and Conditions  If You cancel because of Our breach, You will not be required to make any payments to Mimic Bee. You will not be required to give notice in these circumstances:a) We have breached These Terms and Conditions in any material way and have failed to remedy that breach within [ Insert period ] of You asking Mimic Bee to do so in writing; or b) We enter into liquidation or have an administrator or receiver appointed over Our assets; or c) We are unable to provide the Services due to an event outside of Our control; or d) We wish to change the terms of These Terms and Conditions to Your material disadvantage.

For the purposes of this Clause a breach of These Terms and Conditions will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating Party. In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.

Liability

Except in respect of death or personal injury caused by Mimic Bee’s negligence, Mimic Bee will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under express terms of this contract, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by Mimic Bee’s servants or agents or otherwise) which arise out of or in connection with the supply of the Services.

The Client shall indemnify Mimic Bee against all damages, costs, claims and expenses suffered by arising from loss or damage to any equipment (including that of third parties) caused by the Client, or its agent or employees.

Mimic Bee shall not be liable to the Client or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of Mimic Bee's obligations if the delay or failure was due to any cause beyond Mimic Bee's reasonable control.

Force Majeure

In the event that either party is prevented from fulfilling its obligations under this Agreement by reason of any supervening event beyond its control including but not limited to war, national emergency, flood, earthquake, strike or lockout  the party shall not be deemed to be in breach of its obligations under this Agreement. The party shall immediately give notice of this to the other party and must take all reasonable steps to resume performance of its obligations.

Each party shall be liable to pay to the other damages for any breach of this Agreement and all expenses and costs incurred by that party in enforcing its rights under this Agreement.

If and when the period of such incapacity exceeds one month then this Agreement shall automatically terminate unless the parties first agree otherwise in writing. 

Privacy

For the purposes of applicable data protection legislation, Mimic Bee will process any personal data you have provided to it in accordance Privacy Policy available on the Mimic Bee website or on request from Mimic Bee.

You agree that, if you have provided Mimic Bee with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Mimic Bee and (2) that you have brought to the attention of any such third party the Privacy Notice available on the Mimic Bee’s website or otherwise provided a copy of it to the third party. You agree to indemnify Mimic Bee in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

Disclaimers

Mimic Bee makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.

No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

Availability of the Web Site

The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

Mimic Bee accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

Limitation of Liability

To the maximum extent permitted by law, Mimic Bee accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

Nothing in these terms and conditions excludes or restricts Mimic Bee’s liability for death or personal injury resulting from any negligence or fraud on the part of Mimic Bee.

Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant legal provisions.  However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

Notices

All notices / communications shall be given to Mimic Bee by email to bumblebee@mimicbee.com.  Such notice will be deemed received  the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

Law and Jurisdiction

These terms and conditions and the relationship between you and Mimic Bee shall be governed by and construed in accordance with the Law of Jersey and Mimic Bee and you agree to submit to the exclusive jurisdiction of the Courts of Jersey.