Standard Terms & Conditions
1. Definitions
5D Net Zero: A subsidiary of LC Energy, Company No. 06296861 and VAT registered GB909254712 and has its registered office at Unit 4, The Hay Barn, Birtley Courtyard, Guildford, GU5 0LA.
Client: The individual or organisation procuring services from 5D Net Zero.
Service(s): All services or products provided by 5D Net Zero including but not limited to Carbon Footprinting, Energy Audits, Tender Compliance, Carbon Management Plans, Carbon Offset purchases and carbon credit retirements.
Agreement: The agreed scope of works issued by 5D Net Zero to the Client that is communicated through a proposal or other document.
2. General
2.1. The Client’s use of Services and the website are subject to these terms and conditions (excluding any Services provided under a separate written agreement).
2.2. Placing an order electronically or telephonically signifies the Client’s acceptance of these terms and conditions.
2.3. The Client may not assign or transfer rights or obligations under these Terms without written consent from 5D Net Zero.
2.4. If any provision of these terms is found to be invalid or unenforceable, the remaining terms will continue to be valid to the fullest extent permitted by law.
2.5. These terms shall be governed by English law, and both parties agree to the non-exclusive jurisdiction of the English Courts.
3. Intellectual Property
3.1 Ownership: Unless otherwise agreed, all intellectual property created during the term of service shall remain the property of 5D Net Zero.
3.2 Licensing: Upon full payment, the Client is granted a non-exclusive, royalty-free license to use the deliverables for their intended purpose.
3.3 Dispute Resolution: IP disputes shall first be addressed through mediation. If unresolved, disputes will be subject to arbitration under United Kingdom law.
4. Data Protection and Privacy
4.1. 5D Net Zero is committed to protecting the privacy and personal data of our clients in compliance with the General Data Protection Regulation (GDPR) and other applicable data protection laws.
4.2. For complete information on how we handle personal data, including details on data subject rights, data retention periods, and international data transfers, please refer to our full Privacy Policy, which is available upon request or on our website.
4.3. Any questions or concerns regarding data protection and privacy should be directed to our Data Protection Officer at info@5DDnetZero.co.uk.
5. Force Majeure
5.1. 5D Net Zero will not be responsible for any failure to perform its obligations when impeded by a Force Majeure event, including but not limited to:
- Strikes, lockouts, or other industrial action
- Civil commotion, riot, invasion, terrorist attack, war
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster
- Transport network failure
- Communication network failure
5.2. 5D Net Zero’s obligations under these terms are suspended for the duration of the Force Majeure event. We will endeavour to fulfil our obligations as soon as possible once the event has ceased.
6. Limitation of Liability
6.1. Neither party shall be responsible for losses that are not a foreseeable consequence of failing to comply with these terms.
6.2. Neither party shall be responsible for losses including, but not limited to:
- Loss of Business
- Loss of income or revenue
- Loss of anticipated savings
- Loss of data
- Any waste of time or any loss due to the sourcing of replacement goods from another provider
6.3. This clause does not limit liability for:
- Fraud or fraudulent misrepresentation
- Any breach of obligations implied by section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982
- Losses prohibited by section 7 of the Consumer Protection Act 1987
- Any other matter for which it would be illegal or unlawful to exclude or attempt to exclude liability
7. Provision of Services - Consultancy & Advisory Services
7.1. 5D Net Zero continuously innovates to enhance its Services. The Client acknowledges that the form of Services may change time to time without prior notice.
7.2. 5D Net Zero employees and external assessors commit to delivering Services with diligence, accuracy, and professionalism, adhering to the highest standards of honesty, integrity, and fairness.
7.4. 5D Net Zero is committed to impartial and objective service delivery. The Client must declare in writing any potential conflicts that might affect 5D Net Zero’s or its external assessors’ impartiality.
7.5. For carbon footprint reports and carbon reduction plans:
- 5D Net Zero assesses client information against UK Government Greenhouse Gas (GHG) Conversion Factors for Company Reporting.
- Certificates are provided based solely on meeting these criteria.
- 5D Net Zero is not responsible for the accuracy of third-party data used in service provision
7.6. Services are provided exclusively for the Client’s purposes.
- 5D Net Zero does not authorise reliance on its Services by any third party unless expressly provided in writing.
- Any third-party reliance is at their own risk, and 5D Net Zero disclaims all liability to such parties.
- No other representations or warranties, express or implied, are provided in relation to the Services.
8. Provision of Services – Carbon Offsets & Carbon Credits Retirement
8.1. The Client will be informed of all costs, VAT, and fees for the purchase of Carbon Credit via formal Quotation before order submission. Submitting an order constitutes a contract, obligating the Client to pay the specified price, VAT, and any additional fees or expenses.
8.2. For services requiring active input from the Client (e.g., personal information, data, specifications, or special requests), order submission creates an obligation for the Client to provide such cooperation.
8.3. All notifications related to the online purchasing process will be sent to the email address provided by the Client.
8.4. The purchased service will be performed or made available within the timeframe specified on the website or as communicated before and during order submission.
8.5. Upon receipt of payment for the Client’s Carbon Offset order, carbon credits are retired in the Client’s name and/or organisational name.
9. Withdrawal & Termination of the Agreement
9.1. The Client must provide written notice to 5D Net Zero to withdraw from the agreement. The withdrawal period expires 14 calendar days after entering into the agreement.
9.2. If the Client withdraws after requesting service performance within the withdrawal period, they shall pay a proportional amount for services provided.
- Payment calculation is based on the agreed fee and the proportion of service provided until withdrawal.
9.3. Refunds will be processed within 14 calendar days of 5D Net Zero being informed of the withdrawal. Refunds will use the same payment method as the initial transaction unless otherwise agreed.
9.4. No refund entitlement for payments made after the withdrawal period, even if services are not delivered due to the Client’s failure to provide requested information.
9.5. 5D Net Zero may terminate the agreement if:
- The Client breaches any provision of the Terms.
- The Client demonstrates inability or unwillingness to comply with the Terms.
- Termination is required by law.
9.6. Upon termination, all legal rights, obligations, and liabilities that have accrued or are expressed to continue indefinitely shall remain unaffected.
10. Amendments to the Agreement
10.1 Should 5D Net Zero or the Client amend the Agreement, either party shall advise the other party, in writing, of the proposed amendments and should the amendments be acceptable to the other party, it shall be affected within 30 calendar days after notification of the suggested amendments.
10.2 Any additional costs arising from an amendment to the Agreement that is sought by the Client are payable to 5D Net Zero.
11. Use of Services & Client Responsibilities
11.1. When a purchased product or Service requires active input from the Client, such as personal information, data, specifications, or special requests, the order submission or agreement creates an obligation for the Client to cooperate accordingly.
11.2. To access products or services, the Client must provide organisational information as part of the service process and for continued use of the services
11.3. The Client is responsible for, and commits to making available all relevant information required by 5D Net Zero for service provision.
11.4. The Client must ensure that all supplied information is accurate and true.
11.5. 5D Net Zero holds no liability for services provided based on false or inaccurate information supplied by the Client.
11.6. 5D Net Zero is not obligated to provide or reissue services to rectify false information once services have been provided. Additional payment may be required from the Client for such additional services.
11.7 Unless specifically permitted in a separate Agreement with 5D Net Zero, the Client agrees not to reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose.
11.9. The Client is solely responsible for any breach of its obligations under these terms and the consequences thereof, including any loss or damage 5D Net Zero may suffer. 5D Net Zero bears no responsibility to the Client or any third party for such breaches.
11.10. If Services are not continued in the subsequent year, the Client must remove all references to 5D Net Zero inferring validity, as well as the 5D Net Zero logo and other assets, within 40 days following termination.
12. Confidentiality
12.1. 5D Net Zero maintains a professional duty of confidentiality regarding information supplied by the Client. All information received, directly or indirectly, will be treated as confidential.
12.2. Information will not be shared with or made accessible to any third party unless:
- Written permission is given by the Client
- Information sharing is required between 5D Net Zero and necessary partners
- There is legal requirement to do so
12.3. The obligation of confidentiality remains in effect beyond the termination or completion of Services.
12.4. Upon Client request, 5D Net Zero can provide a non-disclosure agreement.
12.5. The obligation of confidentiality does not apply if 5D Net Zero can prove that the information:
- Is generally known in the public domain
- Was disclosed in the public domain through no fault of 5D Net Zero
12.6. The Client consents to the publication of their business logo under ‘our customers’ in all forms of 5D Net Zero marketing.
13. Electronic Communications
13.1. The Client acknowledges that electronic transmission of information cannot be guaranteed secure and may be subject to interception, corruption, loss, destruction, delay, or other adverse effects.
13.2. 5D Net Zero will employ commercially reasonable procedures to protect against IT viruses or malware before sending information electronically.
13.3. Notwithstanding any collateral contract, warranty, or representation, neither 5D Net Zero nor its employees or agents shall be liable to the Client on any basis (including contract or tort) for errors or omissions arising from electronic communication of information.
13.4. If a communication relates to a significant matter on which the Client wishes to rely, and there are concerns about electronic transmission effects, the Client should request a hard copy from 5D Net Zero.
13.5. Clients wishing to password-protect all or specific transmitted documents should discuss arrangements with 5D Net Zero.
14. Dispute Resolution
14.1 Any disputes arising under this Agreement will first be resolved through good-faith negotiation.
14.2 If unresolved, disputes will be submitted to mediation under the United Kingdom’s mediation rules.
14.3 If mediation fails, disputes will be resolved through binding arbitration in the United Kingdom.
15. Exclusion of Warranties
15.1. Nothing in these Terms shall exclude or limit 5D Net Zero’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Limitations will apply only to the extent lawful in the Client’s jurisdiction, and 5D Net Zero’s liability will be limited to the maximum extent permitted by law.
15.2. The Client expressly understands and agrees that the use of the Services is at the Client’s sole risk and that the Services are provided “as is” and “as available.”
15.3. 5D Net Zero, its subsidiaries, affiliates, and licensors do not warrant that:
- The Client’s use of the Services will meet the Client’s requirements
- The Client’s use of the Services will be uninterrupted, timely, secure, or error-free
- Any advice or information obtained by the Client from 5D Net Zero or through the Services shall create any warranty not expressly stated in the Terms
15.4. 5D Net Zero expressly disclaims all warranties and conditions, whether express or implied, including but not limited to:
- Implied warranties of merchantability
- Fitness for a particular purpose
- Non-infringement
16. Changes to terms
16.1. 5D Net Zero reserves the right to and may make changes to the Universal Terms or Additional Terms.
16.2. The Universal Terms and any new Additional Terms will be made available to the Client from within, or through, the affected Services.
16.3. The Client understands and agrees that by using the Services after the date on which the Universal Terms or Additional Terms have changed, 5D Net Zero will treat the Client’s use as acceptance of the updated Universal Terms or Additional Terms.
17. Review
17.1. Our Terms and Conditions are reviewed, at least, yearly.
17.2 Our Terms and Conditions were last reviewed April 2024.
