5D Net Zero – 5D Net Zero is a subsidiary of LC Energy, Company No. 06296861 and VAT registered GB909254712, LC Energy has its registered office at Netley House, Shere Road, Gomshall GU5 9QA
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, Carbon Management Plans, Caron 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
The Client’s use of Services and use of the website are subject to these terms and conditions (excluding any Services provided to the Client by 5D Net Zero under a separate written agreement).
Placing an order electronically, or telephonically, signifies the Client’s acceptance of these terms and conditions. All orders and use of Services placed by the Client through 5D Net Zero are subject to these terms and conditions.
Unless otherwise agreed in writing by 5D Net Zero, the Client’s Agreement with 5D Net Zero will always include, at a minimum, the terms and conditions set out below. The client may not assign or transfer your rights or obligations under these Terms to any other party without the written consent from 5D Net Zero. The terms and conditions below are referred to as the “Universal Terms”.
The Client’s agreement with 5D Net Zero will also include the terms of any legal notices applicable to the Services, in addition to the Universal Terms. All of these are referred to as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for the Client to read either within, or through its use of that Service.
The Universal Terms, together with the Additional Terms, form a legally binding agreement between the Client and 5D Net Zero in relation to its use of the Services. It is important that the Client takes the time to read them carefully as they affect your liabilities under law.
If there is any contradiction between the Additional Terms and the Universal Terms, then the Additional Terms shall take precedence in relation to that Service.
If any court or competent authority decides that any of the provisions of these terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
If 5D Net Zero fail, at any time while these terms are in force, to insist that the Client performs any of your obligations under these terms, or if 5D Net Zero does not exercise any of the rights or remedies under these terms, that will not mean that 5D Net Zero have waived such rights or remedies and will not mean that the Client does not have to comply with those obligations. If 5D Net Zero does waive a default by the Client, that will not mean that 5D Net Zero will automatically waive any subsequent default by the Client.
No waiver by 5D Net Zero of any of these terms shall be effective unless 5D Net Zero expressly say that it is a waiver and we notify the Client in writing.
A person who is not party to these terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
These terms shall be governed by English law and 5D Net Zero and the Client both agree to the non-exclusive jurisdiction of the English Courts.
5D Net Zero will not be responsible for any failure to perform its obligations when impeded by a Force Majeure event such as;
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.
If either 5D Net Zero or the Client fails to comply with these terms, neither party shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these terms.
Neither 5D Net Zero or the Client shall be responsible for losses that result from our failure to comply with these terms including, but not limited to losses that fall into the following categories:
Any waste of time or any loss due to the sourcing of replacement goods from another provider.
This clause does not include or limit in any way our liability for:
5D Net Zero is constantly innovating to provide the best possible Services to its users and customers. The Client acknowledges and agrees that the form of the Services may change from time to time without prior notice to the Client.
The Client is expected to and agrees to provide the requested information for the delivery of Services within a specified time stated in the Additional Terms of an Agreement between 5D Net Zero and the Client. If requested information is not received within specified time period, 5D Net Zero is not obliged to carry out part or all of the Services outlined in the Agreement.
5D Net Zero employees and external assessors are committed to undertaking Services with diligence, accuracy and professionalism and commit to the highest standards of honesty, integrity and fairness.
5D Net Zero acknowledges the importance of impartiality and is committed to fulfil its contractual engagement in an impartial and objective manner in order to endure effectiveness, non-discriminatory practices and consistency. The Client shall declare in writing any areas that might cause a conflict and affect the impartiality of 5D Net Zero or any external assessor in the delivery of any Services.
For Services including carbon footprint reports and or carbon reduction plans the Client understands that it is agreeing for 5D Net Zero to assess the client’s provided information against the criteria laid out in the UK Government Greenhouse Gas (GHG) Conversion Factors for Company Reporting. 5D Net Zero will only provide a certificate based on meeting these criteria. 5D Net Zero accepts no responsibility for the accuracy of any third-party data used in the provision of its Services.
The Services are provided exclusively for the purposes of the Client. Unless expressly provided in writing, 5D Net Zero does not authorise, consent or condone any party other than the client relying upon the Services provided. Any reliance on the Services or any part of the Services by any party other than the Client is made wholly at that party’s own and sole risk and 5D Net Zero disclaims any liability to such parties. 5D Net Zero provides no other representation or warranty whether express or implied, in relation to the Services.
The Client is informed during the online purchasing process and before order submission, about any costs, VAT and fees that they will be charged. The online submission of an order determines contract conclusion and therefore the Client is obliged to pay the price, VAT and possible further fees and expenses, as specified on the order page.
In case the online purchased Service requires active input from the Client, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the Client to cooperate accordingly.
All order notifications related to the described online purchasing process will be sent to the email address provided by the client for such purposes.
Upon submission of the online order, the Client will receive a receipt confirming that the order has been received.
The online purchased Service shall be performed or made available within the timeframe specified on this website or as communicated before and on order submission.
On completion of the Client’s online order the carbon credits are retired in the Clients name and or organisational name.
To exercise the right of withdrawal, the Client must provide in writing to 5D Net Zero a statement of their intention to withdraw from the agreement, before the withdrawal notice period expires. The withdrawal notice period expires 14 calendar days after the day that the agreement is entered into.
On the purchase of services, where the Client exercises the right of withdrawal after having requested that the service be performed before the withdrawal period expires, the Client shall pay to 5D Net Zero an amount which is in proportion to the part of service provided.
Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of service provided until the time the Client withdraws, compared with the full coverage of the contract.
The refund shall be made without undue delay and, in any event, no later than 14 calendar days from the day on which 5D Net Zero is informed of the Client’s decision to withdraw from the agreement. Unless otherwise agreed with 5D Net Zero, a refund will be made using the same means of payment as used to process the initial transaction.
The client will not be entitled to a refund for any payment that is already made to 5D Net Zero after the withdrawal period ends, even if Services are not delivered due to a failure on the part of Client to fulfil its responsibility in providing requested information.
5D Net Zero reserves the right to terminate its legal agreement with the Client at any time if: the Client has breached any provision of the Terms (or have acted in manner which clearly demonstrates that the Client does not intend to, or is unable to comply with the provisions of the Terms); or 5D Net Zero is required to do so by law (for example, where the provision of the Services is, or becomes, unlawful).
When these Terms come to an end, all of the legal rights, obligations and liabilities that 5D Net Zero and the Client have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this end.
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 effected within 30 calendar days after notification of the suggested amendments.
Any additional costs arising from an amendment to the Agreement that is sought by the Client are payable to 5D Net Zero.
In case the purchased product or Service requires active input from the Client, such as the provision of personal information or data, specifications or special wishes, the order submission and or agreement creates an obligation for the Client to cooperate accordingly.
In order to access the products or services, the Client will be required to provide information about its organisation as part of the process for the service and for the continued use of the services.
The Client acknowledges responsibility for making available all of the relevant information required by 5D Net Zero that is relevant in the provision of the services.
The Client will also ensure that the information supplied is accurate.
5D Net Zero holds no liability for services which have been provided on the basis of false or inaccurate information supplied by the Client.
5D Net Zero is not obliged to provide or reissue services, once they have been provided, in order to rectify false information. Additional payment can be sought from the Client to provide these additional services.
Unless the Client has been specifically permitted to do so in a separate Agreement with 5D Net Zero, the Client agrees that it will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
The Client agrees that it is solely responsible for (and that 5D Net Zero has no responsibility to the Client or to any third party for) any breach of its obligations under the terms and for the consequences (including any loss or damage which 5D Net Zero may suffer) of any such breach.
If the Services are not continued in the subsequent year, for carbon footprinting and carbon reduction plans, references to 5D Net Zero which infer to its validity and the use of the 5D Net Zero logo and other assets must be removed within 40 days following termination.
5D Net Zero has a professional duty of confidentiality with respect to the information supplied by the Client. All information received directly or indirectly will be treated as confidential matter. Information will not be passed on to any third party nor may be made accessible in any other form to any third party unless written permission is given by the Client or the passing of information is a requirement between 5D Net Zero and necessary partners.
The obligation of confidentiality shall continue to remain in effect beyond the termination or completion of Services.
In addition a non-disclosure agreement can be provided by 5D Net Zero, if so required by the Client.
The obligation of confidentiality shall not be deemed to exist if and when 5D Net Zero is able to provide proof of the fact that the information concerned has been, generally known in the public domain and disclosed in the public domain through no fault of 5D Net Zero.
The Client consents to publication of the business logo under ‘our customers’, in all forms of 5D Net Zero marketing.
During the provision of Services, 5D Net Zero may communicate electronically with the Client. The Client is aware that the electronic transmission of information cannot be guaranteed to be secure and such information could be intercepted, corrupted, lost, destroyed, delayed, or otherwise be adversely affected or unsafe to use.
5D Net Zero will use commercially reasonable procedures to secure against IT viruses or malware before sending information electronically and nonetheless any collateral contract, warranty or representation, neither 5D Net Zero nor its employees or agents shall have any liability to the Client on any basis, whether in contract, tort (including negligence) or otherwise, in respect of any error or omission arising from or in connection with the electronic communication of information to the Client.
If the communication relates to a matter of significance on which the Client wishes to rely and the Client is concerned about the possible effects of electronic transmission, the Client should request a hard copy of such transmission from 5D Net Zero. If the Client wishes to password protect all or specified documents transmitted, the Client should discuss this with 5D Net Zero to make appropriate arrangements.
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. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Therefore, only the limitations which are lawful in the Client’s jurisdiction will apply to it and 5D Net Zero’s liability will be limited to the maximum extent permitted by law.
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.”
5D Net Zero, its subsidiaries and affiliates, and its licensors do not represent or 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 free from error and that no advice or information, whether oral or written, obtained by the Client from 5D Net Zero or through or from the Services shall create any warranty not expressly stated in the Terms.
5D Net Zero further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
5D Net Zero reserves the right to and may make changes to the Universal Terms or Additional Terms. The Universal Terms and any new Additional Terms will be made available to the Client from within, or through, the affected Services.
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 Clients use as acceptance of the updated Universal Terms or Additional Terms.
The Client shall have the right to complain, appeal and/or dispute any Services provided by 5D Net Zero within 30 calendar days of the receipt of Content. 5D Net Zero is obliged to follow the company procedures and complete the said complaint, appeal and/or dispute within 90 calendar days.
Our Terms and Conditions are reviewed, at least, yearly. Our Terms and Conditions were last reviewed April 2022.