Terms and Conditions

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE

1. Format of the Contract

1. These terms of sale apply to all goods supplied by

EMEA Sales
eSight Energy Limited, whose place of business is at
5 Carisbrooke Court
Buckingway Business Park
Anderson Road
Swavesey
Cambridge
CB24 4UQ
UK

US Sales
eSight Energy, Inc. whose place of business is at
1931 N. Meacham Road
Suite 345
Schaumburg
IL 60173
United States of America

(referred to as "Supplier")

2. No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us. To order goods from the Supplier you must be at least 18 years of age.

3. The contract is subject to your right of cancellation (see below).

4. The Supplier may change these terms of sale without notice to you in relation to future sales.

2. Description and price of the goods

1. The description and price of the goods you order will be as shown on the Supplier's website at the time you place your order.

2. Any discounts you may be entitled to must be obtained as part of the order price before placing the order by logging in to the Supplier's website. Discounts cannot be applied after the software has been purchased.

3. You must confirm compatibility of the software in line with the information provided on the Supplier's website.

3. Payment

1. Payment for the software can be made by any method shown on the Supplier's website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be of the essence.

2. There will be no delivery until cleared funds are received.

4. Delivery

1. The software you order will be delivered via electronic download through the secure account section of the Supplier's website.

5. Your right of cancellation

1. You have the right to cancel the contract at any time up to the end of 7 calendar days after you receive the goods.

2. To exercise your right of cancellation, you must give written notice to the Supplier by letter, fax or e-mail, at the fax number or e-mail address shown below, giving details of the goods ordered, invoice number, date of order.

3. If you exercise your right of cancellation after the software has been installed and licensed, you will be required to deactivate and uninstall the software, technical support can help with this procedure.

4. Once you have notified the Supplier that you are cancelling the contract and the software is no longer licensed, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit/debit card for the goods.

6. Returns and Unwanted Products

1. The software cannot be returned in line with distance selling regulations; however you do have the right of cancellation of the contract in line with section 5 of these terms and conditions.

7. Export Control

1. Customer is advised that Product, which may include technology & software, is subject to EU and US export control laws & laws of the country where it is delivered or used. Under these laws, Product may not be sold, leased or transferred to restricted end-users or countries or for restricted end-uses. Customer agrees to abide by these laws.

8. Limitation of Liability

1. The Supplier's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited severally and in aggregate to the price paid for the goods.

2. Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier's negligence or fraudulent misrepresentation.

3. The Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.

9. Data Protection

1. The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorized access to information supplied by you.

10. Applicable Law

EMEA Sales

The laws of England shall govern the contract between us, and any dispute will be resolved exclusively in the courts of England.

Registered Address:
eSight Energy Limited
5 Carisbrooke Court
Buckingway Business Park
Anderson Road
Swavesey
Cambridge
CB24 4UQ
UK

Registered No: 3586794
VAT Number: UK 711 6878 26
Tel: +44 1954 231486


US Sales

The laws of the United States; and the state of Illinois shall govern the contract between us. The parties consent to the personal jurisdiction and venue of Illinois, and agree that any legal proceeding shall be conducted in Illinois.

Registered Address:
eSight Energy, Inc.
1931 N. Meacham Road
Suite 345
Schaumburg
IL 60173
United States of America

Tel: +1 847-701-2340

11. Complaints

We operate a complaints handling procedure, which we will use to try to resolve disputes when they first arise.
If you have a complaint, contact us at essential@eSightenergy.com. All complaints will be handled in a confidential manner. A member of the customer services department will contact you as soon as possible to acknowledge receipt of your complaint. You will receive a response to your complaint within 7 days. This response will be in email. However, if you would like to receive a written letter then please make this clear in your initial email.

12. These terms do not affect your statutory rights.

These terms and conditions are subject to change at any time without prior notice to you.

These terms and conditions were last updated on 29 March 2010. All proceeding updates will supersede this document.

 

We advise you to print and keep safe a copy of these Terms and Conditions.