Standard Terms and Conditions for carbon offsetting services
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply services to you. When we refer to “services” in these terms, this means our provision of carbon offsetting services to enable you to offset your CO2 emissions by contributing towards our selected emissions reduction projects.
1.2 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 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.
1.3 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 customer or consumer. You are a consumer if you are an individual buying services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms (or any document expressly referred to in them) constitute the entire agreement between us in relation to the services and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. 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 (or any document expressly referred to in them) and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.
2. Information about us and how to contact us
2.1 We are Neutral Boating Limited, a company registered in England and Wales. Our company registration number is 13128110 and our registered office is at Innovation Centre, Gallows Hill, Warwick, England, CV34 6UW.
2.2 You can contact us by email at email@example.com. Email communications are our preference, but you may also telephone our team at +44 795 1056 160. 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.
2.3 When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 You will be asked to read and check these terms carefully before making a payment for our services. Our acceptance of your order will take place when we email you to acknowledge your payment and confirm the quantity of CO2 emissions that we agree to offset on your behalf, at which point a contract will come into existence between you and us. This contract between us is governed by these terms.
3.2 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the services. This might be because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the services.
3.3 To purchase our services, you must be aged 18 or over.
3.4 To purchase the services, you are required:
3.4.1 to complete the customer form on our website (which includes your name, contact details, boat name and boat details);
3.4.2 to select diesel or gasoline and insert on our website the relevant number of litres or gallons for which you wish to offset as part of our services; and
3.4.3 to enter your credit/debit card details in the secure payment gateway or use PayPal on our website.
4. Providing the services
4.1 We will begin providing the services immediately on the date we accept your order in accordance with clause 3.1. Following acceptance of your order and receiving payment, we will:
4.1.1 send an email acknowledging your payment and confirming the quantity of CO2 emissions that you have paid to offset through the services;
4.1.2 issue you with a certificate (by post) setting out a unique number, the customer / boat information, the amount of CO2 emissions that will be offset, and the period in which this applies and two stickers with your certificate number;
4.1.3 ensure that we purchase a quantity of carbon credits equal to the quantity of CO2 emissions that you have paid to offset. Please note that we may not purchase carbon credits immediately, however we will commit to purchasing them within six months of you making your payment;
4.1.4 send emails (if you have requested this) updating you on other carbon offsetting offers or services that you may be interested in; and
4.1.5 send renewal reminder emails on or around the anniversary of your purchase of our services.
4.2 Our purchase of carbon credits will be reviewed on a periodic basis by an independent third-party who will verify that we are purchasing carbon credits for at least the same quantity of CO2 emissions that our customers have paid to offset (subject to the six months’ time period for purchasing carbon credits referred to above in clause 4.1.3).
4.3 In no way shall you acquire any rights of ownership or title in any carbon credits, emission rights, emissions reduction projects, or any instruments or documentation evidencing carbon offsetting or emission reduction. Accordingly, and for the avoidance of doubt, you may not resell or otherwise dispose of any carbon credits, emission rights, emissions reduction projects, or any documentation evidencing carbon offsetting or emission reduction hereunder in any way and such purported activity is expressly prohibited.
4.4 We may have to suspend the supply of our services to:
4.4.1 deal with technical problems or make minor technical changes;
4.4.2 update the services to reflect changes in relevant laws and regulatory requirements; or
4.4.3 make changes to the services as notified by us to you (see clause 5).
4.5 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.
5. Customer Obligations
5.1 You are solely responsibility for your conduct in respect of our services under these terms. You must ensure that all information you submit to us as part of the services is accurate and complete in all respects.
5.2 If you exceed the amount of diesel or gasoline that you have specified to offset as part of our services, including if this is within any period specified in your certificate, then your certificate is no longer valid and you must either:
5.2.1 complete a further purchase of the services in accordance with clause 3.4 and obtain a new certificate; or
5.2.2 remove all stickers and flags/pennants issued by us as part of our services from your boat.
5.3 You must remove all stickers and flags/pennants issued by us as part of our services from your boat and in no way represent that you have offset your CO2 emissions using our branding, logo, company name or otherwise if:
5.3.1 your usage of the amount of diesel or gasoline that you have offset has been exceeded and you do not complete a further purchase of the services in accordance with clause 3.4;
5.3.2 you decide not to renew the services; or
5.3.3 the contract is otherwise terminated in accordance with these terms.
5.4 It is your responsibility to ensure that you specify an appropriate quantity of diesel or gasoline to offset as part of our services. If at the end of your certificate validity period your consumption of diesel or gasoline is less than the quantity of diesel or gasoline for which we have agreed to purchase carbon credits on your behalf, then you will not be entitled to any refund for the services and no extension to the certification validity period will be permitted.
5.5 You must comply with all applicable laws, regulations and local rules regarding your obligations under these terms and use of our services.
6. Our rights to make changes
6.1 We may change the services:
6.1.1 to reflect changes in relevant laws and regulatory requirements; and
6.1.2 to implement minor technical adjustments and improvements. These changes will not affect your use of the services.
6.2 Although specific emissions reduction projects may be highlighted on the website, we do not undertake to apply any sums paid to us to any specific project and reserve the right (in our sole and absolute discretion) to apply sums to any emissions reduction project anywhere in the world and whether referred to on the website or otherwise, provided that they meet our requirements and subject to proof of emission reductions and independent verifications.
7. Your rights to end the contract
7.1 Your rights when you end the contract will depend on whether there is anything wrong with the services, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
7.1.1 If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2; or
7.1.2 If you are a consumer and have just changed your mind about the services, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but only if the services have not been completed.
7.2 If you are ending a contract for a reason set out at clause 7.2.1 to 7.2.5 below, the contract will end immediately and we will refund you in full for any services which have not been completed. The reasons are:
7.2.1 we have told you about an upcoming material change to the services or these terms which you do not agree to;
7.2.2 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;
7.2.3 there is a risk that supply of the services may be significantly delayed because of events outside our control;
7.2.4 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 60 days; or
7.2.5 you have a legal right to end the contract because of something we have done wrong.
7.3 If you are a consumer, you have a legal right under the Consumer Contracts Regulations 2013 to change your mind within 14 days and receive a refund. However, your right as a consumer to change your mind does not apply in respect of the services once these have been completed, even if the cancellation period is still running.
7.4 If you are a consumer, for services under this contract, 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. The services will be completed when we purchase the carbon credits in order to offset your CO2 emissions. 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. Please note that you do not have a right to change your mind after we purchase the carbon credits to offset your CO2 emissions as this process cannot be reversed, even if the 14 day cancellation period is still running.
8. How to end the contract with us
8.1 To end the contract with us, please let us know by doing one of the following:
8.1.1 Phone or email. Call +44 795 1056 160 or email us at firstname.lastname@example.org. .
In all instances, please provide your name, address, details of the order and, where available, your phone number and email address.
8.2 If you are entitled to a refund under these terms, we will refund you the cost you paid for the services by the method you used for payment as soon as possible. However, we may deduct from any refund an amount for the supply of the services for the period for 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.
8.3 If you are a consumer exercising your right to change your mind, then any refund will be made within 14 days of your telling us you have changed your mind. Please note that no refunds can be given after we purchase the carbon credits to offset your CO2 emissions as this process cannot be reserved, even if the 14 day cancellation period is still running.
8.4 If you are a business customer, subject to clause 9.2 below, payments for the services will not be refunded.
9. Our rights to terminate the contract
9.1 We may terminate the contract for the services and/or close the website down at any time.
9.2 If we terminate the contract, we will refund any monies paid by you that have not already been applied or committed to carbon credits to offset your CO2 emissions (excluding VAT and applicable transaction charges).
10. Your rights in respect of defective services if you are a consumer
10.1 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. Nothing in these terms will affect your legal rights.
11. If there is a problem with our services
11.1 If you have any questions or complaints about our services, please contact us. You can telephone our customer service team at +44 795 1056 160 or email us at email@example.com.
12. Cost and payment
12.1 The cost of our services will be the price indicated on the order pages when you placed your order on our website. This fixed cost will include the cost for the carbon credits to offset your CO2 emissions. We will not charge extra costs, like processing fees to provide you with the services, your certificate, your flag or shipping.
12.2 We take all reasonable care to ensure that the cost advised to you is correct. However please see clause 12.5 regarding increases in costs.
12.3 Payment for carbon credits can only be received via the secure payment gateway accessible through the website. The secure payment gateway provides details of the credit and debit cards that can be used to make payment and any applicable transaction charges.
12.4 Any applicable transaction charges and VAT (at the rate applicable at the time of payment) will be added to the cost of our services.
12.5 Please note that the cost of carbon credits may increase over time. We reserve the right to increase the cost per litre or gallon set out on our website in line with such increases, however, the cost of your offsets is valid at time of purchase and you will not be asked to pay any additional amounts.
12.6 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).
13. Our responsibility for loss or damage if you are a customer
13.1 This clause 13 only applies if you are a consumer.
13.2 If we fail to comply with these terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our breach of 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 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.
13.3 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 as summarised at clause 10.1; and for defective products under the Consumer Protection Act 1987.
13.4 We only supply the services to you for domestic and private use. If you are a consumer, you agree not to use our services for any commercial, business or re-sale purpose, and except as set out in clause 13.3, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. Our responsibility for loss or damage if you are a business
14.1 This clause 14 only applies if you are a business customer.
14.2 Nothing in these terms shall limit or exclude our liability for:
14.2.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
14.2.2 fraud or fraudulent misrepresentation;
14.2.3 defective products under the Consumer Protection Act 1987; or
14.2.4 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
14.3 Subject to clause 14.2:
14.3.1 under no circumstances shall we be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with any contract between us for: any loss of profit, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss; and
14.3.2 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 the services purchased under such contract.
14.4 Except to the extent expressly stated in these terms, we do not give any representation, warranties or undertakings in relation to the services. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the services are suitable for your purposes.
14.5 We only supply the services for internal use by your business, and you agree not to use them for any resale purposes.
15. Events outside our control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract with you that is caused by an Event Outside Our Control.
15.2 An “Event Outside Our Control” means: any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under any contract between us:
15.3.1 we will contact you as soon as reasonably possible to notify you; and
15.3.2 our obligations under the contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
16. How we may use your personal data
17. Other important terms
17.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights or our obligations under these terms.
17.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4 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.
17.5 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 of 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.
17.6 If you are a consumer, please note that these terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. However, if you live in Scotland, you can bring legal proceedings in respect of the services in either the Scottish or the English courts, and if you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
17.7 If you are a business customer, 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.