Take Off Bill Ltd
Data Protection Policy
May 2020
This Policy sets out the obligations of Take Off Bill Ltd, a company
registered in the UK under number 12640580, whose registered office is at
169b Wallwood Road, Leytonstone, London, E11 1AQ. (“the Company”) regarding data
protection and the rights of clients and business contacts (“data subjects”) in respect of their
personal data under EU Regulation 2016/679 General Data Protection Regulation (“GDPR”).
The GDPR defines “personal data” as any information relating to an identified or identifiable natural
person (a “data subject”); an identifiable natural person is one who can be identified, directly or
indirectly, in particular by reference to an identifier such as a name, an identification number,
location data, an online identifier, or to one or more factors specific to the physical, physiological,
genetic, mental, economic, cultural, or social identity of that natural person.
This Policy sets the Company’s obligations regarding the collection, processing, transfer, storage, and
disposal of personal data. The procedures and principles set out herein must be followed at all times
by the Company, its employees, agents, contractors, or other parties working on behalf of the
Company.
The Company is committed not only to the letter of the law, but also to the spirit of the law and
places high importance on the correct, lawful, and fair handling of all personal data, respecting the
legal rights, privacy, and trust of all individuals with whom it deals.
This Policy aims to ensure compliance with the GDPR. The GDPR sets out the following principles
with which any party handling personal data must comply. All personal data must be:
2.1 Processed lawfully, fairly, and in a transparent manner in relation to the data
subject.
2.2 Collected for specified, explicit, and legitimate purposes and not further processed in a manner
that is incompatible with those purposes. Further processing for archiving purposes in the public
interest, scientific or historical research purposes or statistical purposes shall not be considered to
be incompatible with the initial purposes.
2.3 Adequate, relevant, and limited to what is necessary in relation to the purposes for which it is
processed.
2.4 Accurate and, where necessary, kept up to date. Every reasonable step must be taken to ensure
that personal data that is inaccurate, having regard to the purposes for which it is processed, is
erased, or rectified without delay.
2.5 Kept in a form which permits identification of data subjects for no longer than is necessary for
the purposes for which the personal data is processed. Personal data may be stored for longer
periods insofar as the personal data will be processed solely for archiving purposes in the public
interest, scientific or historical research purposes, or statistical purposes, subject to implementation
of the appropriate technical and organisational measures required by the GDPR in order to
safeguard the rights and freedoms of the data subject.
2.6 Processed in a manner that ensures appropriate security of the personal data, including
protection against unauthorised or unlawful processing and against accidental loss, destruction, or
damage, using appropriate technical or organisational measures.
The GDPR sets out the following rights applicable to data subjects (please refer to the parts of this
policy indicated for further details):
3.1 The right to be informed (Part 12).
3.2 The right of access (Part 13);
3.3 The right to rectification (Part 14);
3.4 The right to erasure (also known as the ‘right to be forgotten’) (Part 15);
3.5 The right to restrict processing (Part 16);
3.6 The right to data portability (Part 17);
3.7 The right to object (Part 18); and
3.8 Rights with respect to automated decision-making and profiling (Parts 19 and 20).
4.1 The GDPR seeks to ensure that personal data is processed lawfully, fairly, and transparently,
without adversely affecting the rights of the data subject.
The GDPR states that processing of personal data shall be lawful if at least one of the following
applies:
4.1.1 The data subject has given consent to the processing of their personal data for one or more
specific purposes;
4.1.2 The processing is necessary for the performance of a contract to which the data subject is a
party, or in order to take steps at the request of the data subject prior to entering into a contract
with them;
4.1.3 The processing is necessary for compliance with a legal obligation to which the data controller
is subject;
4.1.4 The processing is necessary to protect the vital interests of the data subject or of another
natural person;
4.1.5 The processing is necessary for the performance of a task carried out in the public interest or in
the exercise of official authority vested in the data controller; or
4.1.6 The processing is necessary for the purposes of the legitimate interests pursued by the data
controller or by a third party, except where such interests are overridden by the fundamental rights
and freedoms of the data subject which require protection of personal data, in particular where the
data subject is a child.
4.2 If the personal data in question is “special category data” (also known as “sensitive personal
data”) (for example, data concerning the data subject’s race, ethnicity, politics, religion, trade union
membership, genetics, biometrics (if used for ID purposes), health, sex life, or sexual orientation), at
least one of the following conditions must be met:
4.2.1 The data subject has given their explicit consent to the processing of such data for one or more
specified purposes (unless EU or EU Member State law prohibits them from doing so);
4.2.2 The processing is necessary for the purpose of carrying out the obligations and exercising
specific rights of the data controller or of the data subject in the field of employment, social security,
and social protection law (insofar as it is authorised by EU or EU Member State law or a collective
agreement pursuant to EU Member State law which provides for appropriate safeguards for the
fundamental rights and interests of the data subject);
4.2.3 The processing is necessary to protect the vital interests of the data subject or of another
natural person where the data subject is physically or legally incapable of giving consent;
4.2.4 The data controller is a foundation, association, or other non-profit body with a political,
philosophical, religious, or trade union aim, and the processing is carried out in the course of its
legitimate activities, provided that the processing relates solely to the members or former members
of that body or to persons who have regular contact with it in connection with its purposes and that
the personal data is not disclosed outside the body without the consent of the data subjects;
4.2.5 The processing relates to personal data which is clearly made public by the data subject;
4.2.6 The processing is necessary for the conduct of legal claims or whenever courts are acting in
their judicial capacity;
4.2.7 The processing is necessary for substantial public interest reasons, on the basis of EU or EU
Member State law which shall be proportionate to the aim pursued, shall respect the essence of the
right to data protection, and shall provide for suitable and specific measures to safeguard the
fundamental rights and interests of the data subject;
4.2.8 The processing is necessary for the purposes of preventative or occupational medicine, for the
assessment of the working capacity of an employee, for medical diagnosis, for the provision of
health or social care or treatment, or the management of health or social care systems or services on
the basis of EU or EU Member State law or pursuant to a contract with a health professional, subject
to the conditions and safeguards referred to in Article 9(3) of the GDPR;
4.2.9 The processing is necessary for public interest reasons in the area of public health, for example,
protecting against serious cross-border threats to health or ensuring high standards of quality and
safety of health care and of medicinal products or medical devices, on the basis of EU or EU Member
State law which provides for suitable and specific measures to safeguard the rights and freedoms of
the data subject (in particular, professional secrecy); or
4.2.10 The processing is necessary for archiving purposes in the public interest, scientific or historical
research purposes, or statistical purposes in accordance with Article 89(1) of the GDPR based on EU
or EU Member State law which shall be proportionate to the aim pursued, respect the essence of
the right to data protection, and provide for suitable and specific measures to safeguard the
fundamental rights and the interests of the data subject.
5.1 The Company collects and processes the personal data set out in Part 21 of this Policy. This
includes:
5.1.1 Personal data collected directly from data subjects and
5.1.2 Personal data obtained from third parties.
5.2 The Company only collects, processes, and holds personal data for the specific purposes set out
in Part 21 of this Policy (or for other purposes expressly permitted by the GDPR).
5.3 Data subjects are kept informed at all times of the purpose or purposes for which the Company
uses their personal data. Please refer to Part 12 for more information on keeping data subjects
informed.
The Company will only collect and process personal data for and to the extent necessary for the
specific purpose or purposes of which data subjects have been informed (or will be informed) as
under Part 5, above, and as set out in Part 21, below.
7.1 The Company shall ensure that all personal data collected, processed, and held by it is kept
accurate and up-to-date. This includes, but is not limited to, the rectification of personal data at the
request of a data subject, as set out in Part 14, below.
7.2 The accuracy of personal data shall be checked when it is collected and at regular intervals
thereafter. If any personal data is found to be inaccurate or out-of-date, all reasonable steps will be
taken without delay to amend or erase that data, as appropriate.
8.1 The Company shall not keep personal data for any longer than is necessary in light of the
purpose or purposes for which that personal data was originally collected, held, and processed.
8.2 When personal data is no longer required, all reasonable steps will be taken to erase or
otherwise dispose of it without delay.
8.3 For full details of the Company’s approach to data retention, including retention periods for
specific personal data types held by the Company, please refer to our Data Retention Policy.
The Company shall ensure that all personal data collected, held, and processed is kept secure and
protected against unauthorised or unlawful processing and against accidental loss, destruction, or
damage. Further details of the technical and organisational measures which shall be taken are
provided in Parts 22 to 27 of this Policy.
10.1 The Company’s Data Protection Officer is Mr S Hoban.
10.2 The Data Protection Officer shall be responsible for overseeing the implementation of this
Policy and for monitoring compliance with this Policy, the Company’s other data protection-related
policies, and with the GDPR and other applicable data protection legislation.
10.3 The Company shall keep written internal records of all personal data collection, holding, and
processing, which shall incorporate the following information:
10.3.1 The name and details of the Company, its Data Protection Officer, and any applicable thirdparty
data processors;
10.3.2 The purposes for which the Company collects, holds, and processes personal data;
10.3.3 Details of the categories of personal data collected, held, and processed by the Company, and
the categories of data subject to which that personal data relates;
10.3.4 Details of any transfers of personal data to non-EEA countries including all mechanisms and
security safeguards;
10.3.5 Details of how long personal data will be retained by the Company (please refer to the
Company’s Data Retention Policy); and
10.3.6 Detailed descriptions of all technical and organisational measures taken by the Company to
ensure the security of personal data.
11.1 The Company shall carry out Data Protection Impact Assessments for any and all new projects
and/or new uses of personal data which involve the use of new technologies and the processing
involved is likely to result in a high risk to the rights and freedoms of data subjects under the GDPR.
11.2 Data Protection Impact Assessments shall be overseen by the Data Protection Officer and shall
address the following:
11.2.1 The type(s) of personal data that will be collected, held, and processed;
11.2.2 The purpose(s) for which personal data is to be used;
11.2.3 The Company’s objectives;
11.2.4 How personal data is to be used;
11.2.5 The parties (internal and/or external) who are to be consulted;
11.2.6 The necessity and proportionality of the data processing with respect to the purpose(s) for
which it is being processed;
11.2.7 Risks posed to data subjects;
11.2.8 Risks posed both within and to the Company; and
11.2.9 Proposed measures to minimise and handle identified risks.
12.1 The Company shall provide the information set out in Part 12.2 to every data subject:
12.1.1 Where personal data is collected directly from data subjects, those data subjects will be
informed of its purpose at the time of collection;
and
12.1.2 Where personal data is obtained from a third party, the relevant data subjects will be
informed of its purpose:
a) if the personal data is used to communicate with the data subject, when the first communication
is made; or
b) if the personal data is to be transferred to another party, before that transfer is made; or
c) as soon as reasonably possible and in any event not more than one month after the personal data
is obtained.
12.2 The following information shall be provided:
12.2.1 Details of the Company including, but not limited to, the identity of its Data Protection
Officer;
12.2.2 The purpose(s) for which the personal data is being collected and will be processed (as
detailed in Part 21 of this Policy) and the legal basis justifying that collection and processing;
12.2.3 Where applicable, the legitimate interests upon which the Company is justifying its collection
and processing of the personal data;
12.2.4 Where the personal data is not obtained directly from the data subject, the categories of
personal data collected and processed;
12.2.5 Where the personal data is to be transferred to one or more third parties, details of those
parties;
12.2.6 Where the personal data is to be transferred to a third party that is located outside of the
European Economic Area (the “EEA”), details of that transfer, including but not limited to the
safeguards in place (see Part 28 of this Policy for further details);
12.2.7 Details of data retention;
12.2.8 Details of the data subject’s rights under the GDPR;
12.2.9 Details of the data subject’s right to withdraw their consent to the Company’s processing of
their personal data at any time;
12.2.10 Details of the data subject’s right to complain to the Information Commissioner’s Office (the
“supervisory authority” under the GDPR);
12.2.11 Where applicable, details of any legal or contractual requirement or obligation necessitating
the collection and processing of the personal data and details of any consequences of failing to
provide it; and
12.2.12 Details of any automated decision-making or profiling that will take place using the personal
data, including information on how decisions will be made, the significance of those decisions, and
any consequences.
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14.1 Data subjects have the right to require the Company to rectify any of their personal data that is
inaccurate or incomplete.
14.2 The Company shall rectify the personal data in question, and inform the data subject of that
rectification, within one month of the data subject informing the Company of the issue. The period
can be extended by up to two months in the case of complex requests. If such additional time is
required, the data subject shall be informed.
14.3 In the event that any affected personal data has been disclosed to third parties, those parties
shall be informed of any rectification that must be made to that personal data.
15.1 Data subjects have the right to request that the Company erases the personal data it holds
about them in the following circumstances:
15.1.1 It is no longer necessary for the Company to hold that personal data with respect to the
purpose(s) for which it was originally collected or processed;
15.1.2 The data subject wishes to withdraw their consent to the Company holding and processing
their personal data;
15.1.3 The data subject objects to the Company holding and processing their personal data (and
there is no overriding legitimate interest to allow the
Company to continue doing so) (see Part 18 of this Policy for further details concerning the right to
object);
15.1.4 The personal data has been processed unlawfully;
15.1.5 The personal data needs to be erased in order for the Company to comply with a particular
legal obligation.
15.2 Unless the Company has reasonable grounds to refuse to erase personal data, all requests for
erasure shall be complied with, and the data subject informed of the erasure, within one month of
receipt of the data subject’s request. The period can be extended by up to two months in the case of
complex requests. If such additional time is required, the data subject shall be informed.
15.3 In the event that any personal data that is to be erased in response to a data subject’s request
has been disclosed to third parties, those parties shall be informed of the erasure (unless it is
impossible or would require disproportionate effort to do so).
16.1 Data subjects may request that the Company ceases processing the personal data it holds about
them. If a data subject makes such a request, the Company shall retain only the amount of personal
data concerning that data subject (if any) that is necessary to ensure that the personal data in
question is not processed further.
16.2 In the event that any affected personal data has been disclosed to third parties, those parties
shall be informed of the applicable restrictions on processing it (unless it is impossible or would
require disproportionate effort to do so).
17.1 Data subjects have the right to object to the Company processing their personal data based on
legitimate interests, direct marketing (including profiling).
17.2 Where a data subject objects to the Company processing their personal data based on its
legitimate interests, the Company shall cease such processing immediately, unless it can be
demonstrated that the Company’s legitimate grounds for such processing override the data subject’s
interests, rights, and freedoms, or that the processing is necessary for the conduct of legal claims.
17.3 Where a data subject objects to the Company processing their personal data for direct
marketing purposes, the Company shall cease such processing immediately.
The following personal data is collected, held, and processed by the Company
| Data Ref. | Type of Data | Purpose of Data |
|---|---|---|
| Contact details | Name | For contact. |
| Contact details | Company name | For contact and invoicing purposes. |
| Contact details | Company address | For contact and invoicing purposes. |
| Contact details | Company phone | For contact. |
| Contact details | Company email address | For contact. |
The Company shall ensure that the following measures are taken with respect to all communications
and other transfers involving personal data:
19.1 All emails containing personal data must be encrypted using Symmetric encryption;
19.2 All emails containing personal data must be marked “confidential”;
19.3 Personal data may be transmitted over secure networks only; transmission over unsecured
networks is not permitted in any circumstances;
19.4 Personal data may not be transmitted over a wireless network if there is a wired alternative
that is reasonably practicable;
19.5 Personal data contained in the body of an email, whether sent or received, should be copied
from the body of that email and stored securely. The email itself should be deleted. All temporary
files associated therewith should also be deleted using the Gutmann method of deletion;
19.6 Where personal data is to be sent by facsimile transmission the recipient should be informed in
advance of the transmission and should be waiting by the fax machine to receive the data;
19.7 Where personal data is to be transferred in hardcopy form it should be passed directly to the
recipient; and
19.8 All personal data to be transferred physically, whether in hardcopy form or on removable
electronic media shall be transferred in a suitable container marked “confidential”.
The Company shall ensure that the following measures are taken with respect to the storage of
personal data:
20.1 All electronic copies of personal data should be stored securely using passwords and Symmetric
data encryption;
20.2 All hardcopies of personal data, along with any electronic copies stored on physical, removable
media should be stored securely in a locked box, drawer, cabinet, or similar;
20.3 All personal data stored electronically should be backed up at weekly intervals with backups
stored offsite. All backups should be encrypted Symmetric data encryption;
20.4 No personal data should be stored on any mobile device (including, but not limited to, laptops,
tablets, and smartphones), whether such device belongs to the Company or otherwise.
20.5 No personal data should be transferred to any device personally belonging to an employee and
personal data may only be transferred to devices belonging to agents, contractors, or other parties
working on behalf of the Company where the party in question has agreed to comply fully with the
letter and spirit of this Policy and of the GDPR (which may include demonstrating to the Company
that all suitable technical and organisational measures have been taken).
When any personal data is to be erased or otherwise disposed of for any reason (including where
copies have been made and are no longer needed), it should be securely deleted and disposed of.
For further information on the deletion and disposal of personal data, please refer to the Company’s
Data Retention Policy.
The Company shall ensure that the following measures are taken with respect to the
use of personal data:
22.1 No personal data may be shared informally and if an employee, agent, subcontractor, or other
party working on behalf of the Company requires access to any personal data that they do not
already have access to, such access should be formally requested from S Hoban.
(plans@takeoffbill.com);
22.2 No personal data may be transferred to any employees, agents, contractors, or other parties,
whether such parties are working on behalf of the Company or not, without the authorisation of S
Hoban. (plans@takeoffbill.com);
22.3 Personal data must be handled with care at all times and should not be left unattended or on
view to unauthorised employees, agents, sub-contractors, or other parties at any time;
22.4 If personal data is being viewed on a computer screen and the computer in question is to be left
unattended for any period of time, the user must lock the computer and screen before leaving it;
and
22.5 Where personal data held by the Company is used for marketing purposes, it shall be the
responsibility of S Hoban to ensure that the appropriate consent is obtained and that no data
subjects have opted out, whether directly or via a third-party service such as the TPS.
The Company shall ensure that the following measures are taken with respect to IT and information
security:
23.1 All passwords used to protect personal data should be changed regularly and should not use
words or phrases that can be easily guessed or otherwise compromised. All passwords must contain
a combination of uppercase and lowercase letters, numbers, and symbols.
23.2 Under no circumstances should any passwords be written down or shared between any
employees, agents, contractors, or other parties working on behalf of the Company, irrespective of
seniority or department. If a password is forgotten, it must be reset using the applicable method. IT
staff do not have access to passwords;
23.3 All software (including, but not limited to, applications and operating systems) shall be kept
upto-date. The Company’s IT staff shall be responsible for installing any and all security-related updates
as soon as reasonably and practically possible; and
23.4 No software may be installed on any Company-owned computer or device without the prior
approval of S Hoban.
The Company shall ensure that the following measures are taken with respect to the collection,
holding, and processing of personal data:
24.1 All employees, agents, contractors, or other parties working on behalf of the Company shall be
made fully aware of both their individual responsibilities and the Company’s responsibilities under
the GDPR and under this Policy, and shall be provided with a copy of this Policy;
24.2 Only employees, agents, sub-contractors, or other parties working on behalf of the Company
that need access to, and use of, personal data in order to carry out their assigned duties correctly
shall have access to personal data held by the Company;
24.3 All employees, agents, contractors, or other parties working on behalf of the Company handling
personal data will be appropriately trained to do so;
24.4 All employees, agents, contractors, or other parties working on behalf of the Company handling
personal data will be appropriately supervised;
24.5 All employees, agents, contractors, or other parties working on behalf of the Company handling
personal data shall be required and encouraged to exercise care, caution, and discretion when
discussing work-related matters that relate to personal data, whether in the workplace or otherwise;
24.6 Methods of collecting, holding, and processing personal data shall be regularly evaluated and
reviewed;
24.7 All personal data held by the Company shall be reviewed periodically, as set out in the
Company’s Data Retention Policy;
24.8 The performance of those employees, agents, contractors, or other parties working on behalf of
the Company handling personal data shall be regularly evaluated and reviewed;
24.9 All employees, agents, contractors, or other parties working on behalf of the Company handling
personal data will be bound to do so in accordance with the principles of the GDPR and this Policy by
contract;
24.10 All agents, contractors, or other parties working on behalf of the Company handling personal
data must ensure that any and all of their employees who are involved in the processing of personal
data are held to the same conditions as those relevant employees of the Company arising out of this
Policy and the GDPR; and
24.11 Where any agent, contractor or other party working on behalf of the Company handling
personal data fails in their obligations under this Policy that party shall indemnify and hold harmless
the Company against any costs, liability, damages, loss, claims or proceedings which may arise out of
that failure.
25.1 The Company may from time to time transfer (‘transfer’ includes making available remotely)
personal data to countries outside of the EEA.
25.2 The transfer of personal data to a country outside of the EEA shall take place only if one or
more of the following applies:
25.2.1 The transfer is to a country, territory, or one or more specific sectors in that country (or an
international organisation), that the European Commission has determined ensures an adequate
level of protection for personal data;
25.2.2 The transfer is to a country (or international organisation) which provides appropriate
safeguards in the form of a legally binding agreement between public authorities or bodies; binding
corporate rules; standard data protection clauses adopted by the European Commission; compliance
with an approved code of conduct approved by a supervisory authority (e.g. the Information
Commissioner’s Office); certification under an approved certification mechanism (as provided for in
the GDPR); contractual clauses agreed and authorised by the competent supervisory authority; or
provisions inserted into administrative arrangements between public authorities or bodies
authorised by the competent supervisory authority;
25.2.3 The transfer is made with the informed consent of the relevant data subject(s);
25.2.4 The transfer is necessary for the performance of a contract between the data subject and the
Company (or for pre-contractual steps taken at the request of the data subject);
25.2.5 The transfer is necessary for important public interest reasons;
25.2.6 The transfer is necessary for the conduct of legal claims;
25.2.7 The transfer is necessary to protect the vital interests of the data subject or other individuals
where the data subject is physically or legally unable to give their consent; or
25.2.8 The transfer is made from a register that, under UK or EU law, is intended to provide
information to the public and which is open for access by the public in general or otherwise to those
who are able to show a legitimate interest in accessing the register.
26.1 All personal data breaches must be reported immediately to the Company’s Data Protection
Officer.
26.2 If a personal data breach occurs and that breach is likely to result in a risk to the rights and
freedoms of data subjects (e.g. financial loss, breach of confidentiality, discrimination, reputational
damage, or other significant social or economic damage), the Data Protection Officer must ensure
that the Information Commissioner’s Office is informed of the breach without delay, and in any
event, within 72 hours after having become aware of it.
26.3 In the event that a personal data breach is likely to result in a high risk (that is, a higher risk than
that described under Part 29.2) to the rights and freedoms of data subjects, the Data Protection
Officer must ensure that all affected data subjects are informed of the breach directly and without
undue delay.
26.4 Data breach notifications shall include the following information:
26.4.1 The categories and approximate number of data subjects concerned;
26.4.2 The categories and approximate number of personal data records concerned;
26.4.3 The name and contact details of the Company’s data protection officer (or other contact point
where more information can be obtained);
26.4.4 The likely consequences of the breach;
26.4.5 Details of the measures taken, or proposed to be taken, by the Company to address the
breach including, where appropriate, measures to mitigate its possible adverse effects.
This Policy shall be deemed effective as of May 2020. No part of this Policy shall have retroactive
effect and shall thus apply only to matters occurring on or after this date.
This Policy has been approved and authorised by:
Name: S Hoban
Position: Director
Date: May 2020
Due for Review by: May 2021
Signature:
At Take off Bill we are committed to safeguarding and preserving the privacy of our visitors.
This Privacy Policy explains what happens to any personal data that you provide to us, or that we
collect from you whilst you visit our site.
We do update this Policy from time to time so please do review this Policy regularly.
In running and maintaining our website we may collect and process the following data about you:
i. Information about your use of our site including details of your visits such as pages viewed and the
resources that you access. Such information includes traffic data, location data and other
communication data.
ii. Information provided voluntarily by you. For example, when you register for information or make
a purchase.
iii. Information that you provide when you communicate with us by any means.
Cookies provide information regarding the computer used by a visitor. We may use cookies where
appropriate to gather information about your computer in order to assist us in improving our
website.
We may gather information about your general internet use by using the cookie. Where used, these
cookies are downloaded to your computer and stored on the computer’s hard drive. Such
information will not identify you personally. It is statistical data. This statistical data does not identify
any personal details whatsoever.
You can adjust the settings on your computer to decline any cookies if you wish. This can easily be
done by activating the reject cookies setting on your computer.
Our advertisers may also use cookies, over which we have no control. Such cookies (if used) would
be downloaded once you click on advertisements on our website.
We use the information that we collect from you to provide our services to you. In addition to this
we may use the information for one or more of the following purposes:
i. To provide information to you that you request from us relating to our products or services.
ii. To provide information to you relating to other products that may be of interest to you. Such
additional information will only be provided where you have consented to receive such information.
iii. To inform you of any changes to our website, services or goods and products.
If you have previously purchased goods or services from us we may provide to you details of similar
goods or services, or other goods and services, that you may be interested in.
Where your consent has been provided in advance we may allow selected third parties to use your
data to enable them to provide you with information regarding unrelated goods and services which
we believe may interest you. Where such consent has been provided, it can be withdrawn by you at
any time.
In operating our website it may become necessary to transfer data that we collect from you to
locations outside of the European Union for processing and storing. By providing your personal data
to us, you agree to this transfer, storing or processing. We do our upmost to ensure that all
reasonable steps are taken to make sure that your data is treated stored securely.
Unfortunately the sending of information via the internet is not totally secure and on occasion such
information can be intercepted. We cannot guarantee the security of data that you choose to send
us electronically, sending such information is entirely at your own risk.
We will not disclose your personal information to any other party other than in accordance with this
Privacy Policy and in the circumstances detailed below:
i. In the event that we sell any or all of our business to the buyer.
ii. Where we are legally required by law to disclose your personal information.
iii. To further fraud protection and reduce the risk of fraud.
On occasion we include links to third parties on this website. Where we provide a link, it does not
mean that we endorse or approve that site’s policy towards visitor privacy. You should review their
privacy policy before sending them any personal data.
In accordance with the Data Protection Act 1998 (and similiar relevant law in Ireland, Data
Protection Acts 1988 and 2002) you have the right to access any information that
we hold relating to you. Please note that we reserve the right to charge a fee of £10 / €12 to cover
costs
incurred by us in providing you with the information.
Please do not hesitate to contact us regarding any matter relating to this Privacy Policy at
1.1 These terms and conditions (the “Conditions”) supersede all previous conditions, including any
terms and conditions of the Buyer and shall not be superseded, varied or waived other than by the
express written consent of the Seller.
1.2 In the Conditions the following definitions shall apply:
(a) Buyer means the party contracting with the Seller to acquire the Work;
(b) Seller means Take off Bill Ltd;
(c) Work means all services including estimating, valuation and consulting services;
(d) Preliminary Work means all work done in the preparatory stages including any services provided
by a third party;
(e) Electronic File means any text, illustration or other matter supplied or produced by either party in
digitised form on disc, through a modem or by ISDN or any other link;
(f) Intellectual Property means all copyright, patents, trademarks and trade names, design rights,
inventions, know-how and other intellectual property including applications for registration and the
right to make such applications;
1.3 Any order or request for Work by the Buyer to the Seller shall be conclusive proof of the Buyer’s
acceptance of the Conditions.
2.1 The Seller shall have no liability for failure to deliver the Work (or any part of it) promptly
notwithstanding such failure the Buyer shall be bound to accept delivery and to pay for the Work in
full whenever that delivery shall be tendered.
2.2 The Work shall unless otherwise agreed in writing be delivered electronically to the Buyer. The
Buyer shall make all arrangements necessary for printing, storage and distribution of the work within
their organisation.
2.3 The Seller may deliver the Work by separate instalments. Each separate instalment shall be
invoiced and paid for in accordance with the Conditions. The failure of the Buyer to pay for any one
or more of the said instalments on the due dates, shall entitle the Seller (at its sole option) without
notice to suspend further deliveries of Work pending payment by the Buyer and\or treat this
contract as repudiated by the Buyer.
3.1 Quotations are based on the Seller’s current costs and, unless otherwise agreed in writing, are
subject to amendment to meet any additional work arising from new or amended project
information being received.
3.2 Quotations are given exclusive of all taxes and the Buyer will pay (in addition to the price) all VAT
and other taxes applicable.
3.3 All Work carried out shall be chargeable including Preliminary Work whether the Buyer agrees to
it being carried forward to production.
3.4 Any additional Work required by reason of the Buyer supplying inadequate copy, incomplete or
incorrect instructions or insufficient documentation or late delivery of any of them shall be
chargeable.
3.5 Unless credit facilities have been agreed in accordance with clause 4 payment shall become due
prior to commencement of the Work and the Seller will require part or full payment in advance to
starting the Work.
3.6 If the Work is suspended or delayed for any reason other than the default of the Seller then the
Seller shall be entitled to charge for storage and other resources used. In the event that such
suspension or delay extends for more than 30 days the Seller shall be entitled to immediate
payment for all Work already carried out including all additional costs.
3.7 The Buyer shall indemnify the Seller from and against all legal and other costs and fees incurred
by or on behalf of the Seller in connection with the collection of any outstanding indebtedness owed
by the Buyer to the Seller.
4.1 If credit facilities are granted by the Seller payment is due within 30 days of the date of invoice
unless specifically otherwise agreed in writing. If any invoice remains unpaid by the due date interest
and other charges will apply in accordance with section 5A and/or section 6 of the Late Payment of
Commercial Debt (Interest) Act 1998 (And equivalent law in Republic of Ireland) as amended and in
addition all invoices (including those not otherwise then due for payment) shall become due and
payable immediately and in any event all costs reasonably incurred by the Seller in collecting
payment of any invoices shall be payable by the Buyer.
4.2 Credit facilities shall only be granted to applicants who complete the Seller’s credit account
application form and who satisfy the Seller’s criteria from time to time applicable. Such facilities may
be withdrawn by the Seller at any time without notice and without giving reasons in which event all
invoices (whether or not otherwise due and payable) shall become due and payable immediately.
5.1 Electronic Files.
5.1.1 The Buyer shall maintain a copy of all Electronic Files provided by the Buyer to the Seller.
5.1.2 The Seller shall not be responsible for checking the accuracy of supplied input from any
Electronic File unless otherwise agreed in writing.
5.1.3 Without prejudice to clause 5.1.2 if an Electronic File is not suitable for outputting on
equipment normally adequate for such purposes without adjustment or other corrective action the
Seller may either reject the file or charge for any additional costs incurred in taking such corrective
action in each case without prejudice to its rights to payment for work done and materials
purchased.
5.2 Other Materials.
5.2.1 The Seller may reject any Electronic Files or other materials supplied or specified by or on
behalf of the Buyer which the Seller considers unsuitable for the intended purpose and any
additional costs incurred shall be chargeable except to the extent that such additional costs could
have been avoided but for unreasonable delay by the Seller in ascertaining the suitability of the
materials.
5.2.2 Without prejudice to clause 5.2.1 where materials are so supplied or specified by the Buyer
and the Seller so advises the Buyer of their unsuitability that the Buyer instructs the Seller to
proceed anyway the Seller shall have no liability for the quality of the Work.
5.2.3 Any Quantities supplied by the Buyer shall be deemed as adequate and the Seller will not recheck
that the quantities are correct prior to producing the Work. Any costs incurred as a result of
shortages, including amending the Work will be chargeable.
5.3 Risk and Storage.
5.3.1 All property supplied to the Seller by or on behalf of the Buyer shall, while it is in the Seller’s
possession or in transit to or from the Seller, be deemed to be at the Buyer’s risk unless otherwise
agreed in writing.
5.3.2 The Seller shall be entitled to make reasonable charges for the storage of any property
supplied by or on behalf of the Buyer before receipt of the order (in sufficient detail to commence
Work) or after notification to the Buyer of completion of the Work.
5.3.3 The Buyer warrants to the Seller that the Buyer owns or has absolute rights to use all
Intellectual Property and/or other proprietary interests in all materials (including Electronic Files)
supplied by or on behalf of the Buyer and shall indemnify the Seller in accordance with clause 13.2 in
respect of any and all claims, costs and expenses arising.
5.4 Finished Goods.
5.4.1 Risk in the Work shall pass to the Buyer on despatch.
5.4.2 On completion of the Work the Seller will store the Work and other materials for a maximum
of twelve months after which time the Seller may destroy them without notice.
6.1 All materials owned or supplied by or on behalf of the Seller in the production of any part of the
Work shall remain the Seller’s exclusive property.
6.2 Printed material shall be distributed and film and plates, tapes, discs, Electronic Files and other
materials destroyed immediately after the Work is completed unless agreed otherwise in writing in
which case storage shall be chargeable. The Seller reserves the right to retain Electronic Files of
printed materials.
6.3 The Seller shall not be obliged to provide any data from its equipment or supplied to the Buyer in
any format.
7.1 The Work is undertaken by the Seller on the basis that all information will be provided, diligently
checked by the Buyer for errors and omissions and approved prior to production of the Work and
the Seller shall not be liable for any errors or omissions (including errors introduced by the Seller)
not corrected by the Buyer prior to the information being provided.
7.2 Amendments required by the Buyer (except to the extent caused by the default of the Seller) and
additional copies of the estimate necessitated thereby shall be chargeable.
7.3 The Buyer is required to fully examine the final estimate prior to submitting their tender. The
Seller shall not be liable for any errors in the finished Work once the tender has been submitted or
the tender date has passed.
7.4 Colour documents: due to differences in equipment, paper, inks and other conditions between
colour proofing and production runs it is hereby agreed and accepted by the Buyer that a reasonable
variation in colour between the documents will be acceptable (unless otherwise specifically agreed
in writing).
7.5 All implied and express terms, conditions and warranties relating to quality and/or fitness for
purpose of the Work are excluded whether made by the Seller or its servants or agents or otherwise.
The Buyer acknowledges that it has read and fully understood the Conditions including specifically
clauses 2, 5, 6, 7, 10 and 11 relating to delivery, risk, storage and exclusion of liability and
acknowledges that it should insure such risks as it deems appropriate in all the circumstances.
9.1 The Buyer shall be deemed to have accepted the Work upon delivery. The Buyer shall inspect all
the Work within 48 hours of delivery and shall within 72 hours notify the Seller of any defects or if
the Work is not in accordance with the contract.
10.1 The Seller shall be under no liability whatever to the Buyer for any consequential or indirect loss
and\or expense (including loss of turnover and profit) suffered by the Buyer arising out of a breach
of this contract or negligence by the Seller.
10.2 In the event of a breach of this contract or negligence by the Seller the remedies of the Buyer
shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the price
of the Work.
10.3 The Seller shall be under no liability whatever in respect of the following which are hereby
expressly excluded, except insofar as such exclusions may be unlawful:
10.3.1 for injury, damage of any kind or nature, direct, indirect, consequential or contingent to
personal property howsoever caused;
10.3.2 for any costs incurred by the Buyer without the prior written approval of the Seller to repair,
replace, or carry out any work on any of the Work, defective or otherwise;
10.3.3 for any other damage, losses and/or costs (including loss of Work or any delays, loss arising
from delay or due to or incurred by way of labour supplies, substitute purchases, liabilities to
customers and third parties and all other such losses of any nature) whether direct or indirect and
whether or not resulting from or contributed to or aggravated by the default or negligence of the
Seller, or its servants or agents or by any defect in the Work.
10.4 Where the Seller offers to replace defective Work the Buyer must accept such an offer unless it
can show clear and reasonable cause for refusing to do so. If the Buyer opts to have the Work redone by
any third party without notifying the Seller in writing then the Buyer automatically revokes
his right to any remedies from the Seller including but not limited to the right to a credit/refund of
the price.
10.5 Where the Work is to be forwarded by or on behalf of the Buyer to a third party for further
processing the Buyer will inspect and approve the Work (and will be deemed to have so inspected
and approved it) prior to forwarding and the Seller shall not be liable for claims arising subsequent
to the third party’s processing.
10.6 The Seller reserves the right to reject any Work forwarded to it after initial processing by a third
party as soon as reasonably practicable without processing the Work any further. If the Buyer,
notwithstanding such rejection, requires the Seller to continue, then the Seller shall only be obliged
to so after confirmation from the Buyer in writing and the Seller shall have no liability for the quality
of the Work.
11.1 The Buyer may cancel the order prior to completion of the Work in which event the Buyer shall
pay to the Seller such charges as the Seller shall determine in respect of any materials ordered
labour expended and other incidental expenses in connection with the order together with an
amount equal to the Seller’s reasonable estimate of its loss of profit from the order.
11.2 In the event of any cancellation under this contract the Buyer shall be liable to pay a reasonable
administration charge to the Seller in addition to all other amounts referred to in clause 11.1.
12.1 Property, legal and beneficial, in any Work shall not pass to the Buyer until the Seller has
received full payment for all sums then owed by the Buyer to the Seller.
12.2 Work in respect of which property has remained with the Seller shall be kept identifiable as the
property of the Seller and the Buyer shall at the Buyer’s own expense immediately return such Work
to the Seller, or permit the Seller to enter into the Buyer’s premises to collect it should the Seller so
request.
12.3 Without prejudice to its other remedies, in respect of all debts due from the Buyer, the Seller
shall have a general lien on all Work of the Buyer in its possession and shall be entitled, on the
expiration of 14 days’ notice to the Buyer, to dispose of such Work as agent for the Buyer in such
manner and at such price as it thinks fit and to apply the proceeds of such disposal towards such
debts and shall account to the Buyer for any excess.
13.1 The Seller may properly refuse to carry out any Work which is in its opinion or may be of an
unlawful or defamatory nature or an infringement of the proprietary or other rights of any third
party.
13.2 The Buyer shall indemnify the Seller in respect of any and all claims, costs and expenses arising
out of any Work relating to any unlawful or defamatory matter or which infringes Intellectual
Property or other proprietary or personal rights of any third party together with all costs on a full
indemnity basis.
The Seller shall not be liable for any claims, costs, damages or other losses suffered by the Buyer to
the extent resulting from any failure on the part of the Seller, its servants and / or agents caused by
or directly or indirectly due to war, terrorism, act of any Government or other competent authority,
civil unrest, embargo, computer system failure, storm, fire, accident, industrial action including
strikes or lockouts, acts of God, illness, prevention from or hindrance in obtaining raw materials,
energy or other supplies, or any other similar cause or matter beyond the reasonable control of the
Seller.
It is acknowledged and agreed by the Buyer that the Conditions are not intended to be and shall not
be enforced by any person other than the Buyer under the Contracts (Rights of Third Parties) Act
1999 (And equivalent law in the Republic of Ireland), but this does not affect any right or remedy of
a third party which exists or is available apart from the said Act.
This contract is subject to the Laws of England and the non-exclusive jurisdiction of the English
Courts and the Laws of the Republic of Ireland and the non-exclusive jurisdiction of the Irish Courts.
17.1 The Buyer shall provide a clear written specification to the Seller and will promptly respond to
all enquiries raised by the Seller about such specification and the Buyer’s requirements.
17.2 All Intellectual Property created by the Seller pursuant to this contract shall be the property of
the Buyer provided always that the Seller shall be entitled to retain copies for the purposes of
marketing and further design development.
17.3 The Seller shall be under no liability whatever to the Buyer in respect of any loss and/or
expense suffered by the Buyer arising out of work required that has not clearly been stated in the
specification or shown on the drawings.
18.1 The Buyer warrants to the Seller that it has the absolute right to provide the personal data (if
any) contained in materials supplied to the Seller in accordance with this contract and will indemnify
the Seller from and against all claims, costs and expenses arising from any breach of this warranty or
data protection legislation by the Buyer (including the cost of complying with any requests for
information by third parties).
18.2 Any personal data may be stored by the Seller in providing its services to the Buyer but it is the
practice of the Seller to destroy such data on completion of the contract.
