Terms of Service
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DYERGOLD TERMS OF SERVICE
('Terms')
DyerGold is a Gold Brokerage Enterprise operating from 3530 S 37th W Ave, Tulsa, Oklahoma 74157, U.S.A (‘DYERGOLD’, ‘We', 'Us', or ‘Our' as the context requires). DYERGOLD s regulated by the Securities and Exchange Commission (SEC) in relation to safe custody services, trade and investment, for client assets in the USA, primarily through its Custody Rule (Rule 206(4)-2), ensuring client gold assets are protected from potential misappropriation and for the purposes of fraud prevention and anti-money laundering.
1. DEFINITIONS
In these Terms the following definitions apply:
1.1 Application Form: means the form entitled “DyerGold Contract” required to open a Box.
1.2 Box(es): means the safe-deposit box(es) or any secure cupboard or room hired by
You.
1.3 Branch: means the DYERGOLD partner branch vaults where the Box is situated.
1.4 Business Day: means a day other than a Saturday, Sunday or public holiday when
banks in the USA are open for business.
1.5 Contract: means the contract created between You and Us when We accept Your
application to open a Box upon us countersigning your Application Form and which
includes these Terms (as amended from time to time) and the Price List.
1.6 Deposit: means the refundable key deposit to be paid by You to Us as stated in the
Application Form.
1.7 Fee: means the fees charged by DYERGOLD for the Services as set out in the Price List.
1.8 Group: means, in relation to a company, that company, any subsidiary or any holding
company from time to time of that company, and any subsidiary from time to time of a
holding company of that company. Each company in a Group is a member of the
Group. A reference to a holding company or a subsidiary means a holding
company or a subsidiary (as the case may be) as defined by U.S law.
1.9 Initial Period: means the initial annual term of the Contract, commencing on the Start
Date as set out in the Application Form.
1.10 Price List: means the document setting out the Fees and any additional charges (as
amended from time to time) as published on Our website at www.dyergold.com.
1.11 Services: means the supply of safe deposit services provided by DYERGOLD to You under
the Contract including any additional services provided by DYERGOLD from time to time.
1.12 Start Date: means the start date specified in the Application Form.
1.13 You/Your: means the customer named on the Application Form. If a Box is held jointly,
references to ‘You’ or ‘Your’ apply to all persons named on the Application Form or
added to the Contract at any time after the Start Date. References to a ‘First Named
Customer” are to the first named customer on the Application Form.
overdue amount, whether before or after judgment. You must pay Us interest together
with any overdue amount.
2. APPLICATION OF THESE TERMS
2.1 The Contract will govern the entire relationship between You and DYERGOLD for the duration
of the Contract.
2.2 IMPORTANT NOTICE: You should read these Terms carefully. These Terms tell you
who We are, how We will provide the Services to You, how You and We may change
or end the Contract, what to do if there is a problem and other important information.
By signing the Application Form You confirm that You have read, understood and
accepted these Terms.
3. PRICE & PAYMENT
3.1 When You must Pay:
(a) You must pay the Fee for the Initial Period on or before the Start Date.
The Fee for any subsequent annual extension must be paid in
advance on the same date each year. Fees for any additional services
must be paid in advance. DYERGOLD customarily reviews its prices once a
year. In the event of any price increase We will notify You at least one
month before any changes come into effect and give You the
opportunity to either renew Your Contract on the revised terms or to
terminate Your Contract.
(b) If You do not terminate Your Contract prior to the due date for payment
of the Fee in accordance with paragraph 3.1(a), You must pay the new
Fee on the due date for payment.
3.2 Deposit:
(a) You must pay the Deposit on or before the Start Date. Subject to the
provisions of these Terms, the Deposit is refundable on termination or
expiry of the Contract, provided You return intact to Us all keys and
identification cards for the Box and You pay Us in full all monies that
you may owe Us under the Contract.
3.3 Price List
(a) Prices for rental of Boxes are as stated in Our Price List. A copy
of Our latest Price List is available from the Branch and is also published on Our website at www.dyergold.com.
3.4 How You must Pay
(a) All payments may be made by,Bank Transfer, credit, Visa or debit
card. In order for you to settle any sums owing to Us, We must be in
receipt of cleared funds for the total amount owed. We will issue You
with an invoice prior to the Start Date or upon payment detailing all
Services agreed and the amount due to Us.
3.5 Currency and VAT
(a) The Fee and all Our prices and charges are quoted in United States Dollars ($) and are, unless otherwise stated, inclusive of VAT at the
prevailing rate and where applicable.
4. WE CAN CHARGE YOU INTEREST IF YOU PAY LATE OR DO NOT PAY
4.1 All Fees and/or monies due under the Contract are to be paid within the time period
stated in the Contract.
4.2 If You fail to pay any sums due to Us at any time by the due date, interest shall be
charged by Us on the outstanding balance at the rate of 2% a month. This interest
shall accrue on a daily basis from the due date until the date of actual payment of the:
(a) There are a total of two keys made for each Box. Three keys will be
issued to you in respect of secure cupboards or walk-in units for the
rear vaults. These keys are available
for Your use only. We will give these keys to the Customer(s) at the
time of opening the account.
(b) You are responsible for the safe-keeping of all keys issued to You at
all times.
(c) We do not retain a key or any copy.
(d) We cannot access the Box once the keys have been issued to You
without breaking open the Box.
(e) You are not entitled to make or have made nor are You entitled to allow
any other person to make or have made a copy of any of the keys.
(f) All keys remain the property of DYERGOLD vault partners at all times.
(g) You must notify Us in writing immediately in the event that any of the
keys are mislaid or lost. We will in such circumstances replace the lock
to the safe deposit box and provide You with two keys to the
replacement lock subject to You paying us for the costs of replacing
the lock as set out in the Price List.
4.3 Partial payments made towards Your outstanding balance will be applied in the
following order:
(a) interest accrued to date of payment; and
(b) any Fees payable in respect of the Services.
5. SUSPENSION OF THE SERVICES
5.1 If You do not pay any Fees or any other sums due to Us under the Contract by the due
date for payment, in addition to any other rights We may have under these Terms, We
may immediately suspend the Services without further notice and You will not be
entitled to access Your Box.
6. RELEASE AND DISPOSAL
6.1 Following termination of the Contract under paragraph 14, or if you do not comply with
the provisions of clauses 15.1(a), 15.1(b) or 15.1(d), We will be entitled to break open
the Box.
6.2 If We break open the Box, We shall do so in the presence of a DYERGOLD vault partner member of staff,
a legal representative nominated by Us and occasionally a Police Officer, subject to
their availability (‘Witnesses’).
6.3 An inventory of all items found in the Box shall be made and shall be signed by the
Witnesses and such inventory shall be conclusive as to the nature, description and
amount of any items found in the Box.
6.4 We shall be entitled to dispose of the contents of the Box opened under this paragraph
6, subject to any instruction from any relevant authorities, in such manner as We shall,
in sole discretion, think fit including but not limited to, selling, auctioning or destroying
the contents without further notice to You.
6.5 We shall be entitled to recover from the proceeds of such disposal or directly from You
(including by way of deduction from the Deposit) all Fees, costs, charges and interest
which are owing to Us as at the date of termination of the Contract and all further costs,
charges and expenses which We may reasonably incur when breaking open the Box
pursuant under this paragraph 6.
6.6 We will apply the proceeds from any disposal in the order set out at paragraph 4.3.
6.7 Any items that are not disposed of or destroyed will be held by Us (at Our sole
discretion) in any manner that We see fit.
6.8 Any excess cash recovered will be deposited into a dollar denominated client
account managed by Us.
6.9 Any excess cash recovered by Us that is not in US Dollars will be converted into
US Dollars at the prevailing retail exchange rate and deposited pursuant to
paragraph 6.8 above.
7. KEYS
7.1 Boxes
(a) There are a total of two keys made for each Box. Three keys will be
issued to you in respect of secure cupboards or walk-in units for the
rear vaults. These keys are available
for Your use only. We will give these keys to the Customer(s) at the
time of opening the account.
(b) You are responsible for the safe-keeping of all keys issued to You at
all times.
(c) We do not retain a key or any copy.
(d) We cannot access the Box once the keys have been issued to You
without breaking open the Box.
(e) You are not entitled to make or have made nor are You entitled to allow
any other person to make or have made a copy of any of the keys.
(f) All keys remain the property of DyerGold vault partners at all times.
(g) You must notify Us in writing immediately in the event that any of the
keys are mislaid or lost. We will in such circumstances replace the lock
to the safe deposit box and provide You with two keys to the
replacement lock subject to You paying us for the costs of replacing the lock as
set out in the Price List.
8. IDENTITY CARD & DIGITAL TEMPLATE
8.1 When You open Your account We will issue You with an identity card (‘ID Card’). An
ID Card will also be issued to any other person added to the Contract at the time of
rental or at any time after the Start Date.
8.2 You are responsible for the safe-keeping of the ID Card at all times.
8.3 You are required to program the ID Card with a unique code which will be used to
identify You and/or a digital template of Your fingerprint will be taken and You will be
issued with a touchcard which will be used to identify You.
8.4 You are prohibited from giving or lending the ID Card or disclosing the code to any
person.
8.5 You will not (save in exceptional circumstances and entirely at Our discretion) be
permitted to access the Box unless You produce the ID Card and key.
8.6 All ID Cards remain the property of DyerGold vault partners at all times.
8.7 You must notify Us immediately in writing or by email from the registered email We
hold on file for You in the event that You lose Your ID Card. We Will in such
circumstances replace the ID Card subject to You presenting a valid form of photo
identification, completing and signing a signature check form and payment by You to
Us of the relevant charges for such replacement ID Card as set out in the Price List.
8.8 We will take a photograph of Your face together with a digital template of Your
fingerprint when You open Your account. This will assist Us in identifying You every
time You access Your Box. The digital template taken of Your fingerprint is not an image and cannot be used to reconstruct a fingerprint; it is stored on Our system as a
simple mathematical representation of Your fingerprint’s unique characteristics.
9. CONTENTS (AND RESTRICTIONS) OF BOX
9.1 By entering a Contract You agree that You will not bring into any of Our offices or
Branches nor place in a Box and will ensure that no Box contains anything that is
illegal, offensive, immoral, obscene, indecent, defamatory, slanderous, libellous,
noxious, poisonous, corrosive, inflammable, explosive or unstable, nor any guns,
knives, fire-arms, ammunition, chemicals, drugs, plants or plant materials, nor any
living organism or any other substance or material which may be the subject of any
ban, embargo or import restriction, nor any proceeds of prostitution nor drug trafficking,
nor anything which is otherwise unlawful or which has or may be used in any act of
terrorism or which will or may cause any harm whatsoever to any person, premises or
place including (without limitation) to the Box or to any of Our offices, Branches,
employees, agents, contractors, customers or visitors.
9.2 IMPORTANT NOTICE: We require You to ensure that
no contents deposited in Your Box represents the proceeds of crime (as more specifically set out in the U.S Patriot Act Provisions to combat money laundering and terrorist financing, Federal statutes that allow for the seizure and forfeiture of assets derived from illegal activities, Anti-money laundering laws that require financial institutions to report suspicious activities and implement compliance programs). We are under a legal obligation to report to U.S authorities any suspicions of, without exclusion or limitation, money laundering, proceeds of crime (including tax evasion) and/or terrorist financing without further notice to You.
9.3 You agree to fully indemnify DyerGold and our Vault partners (which means You must fully compensate Us for)
and pay Us all costs, charges, expenses, claims or damages that We incur or which
are made against Us in the event of any breach by You of paragraphs 9.1 and 9.2 in
respect of all and any harm, damage or loss whatsoever or howsoever incurred that
We or any of Our employees, agents, contractors, customers or visitors to Our
premises suffer.
9.4 SANCTIONS: In the event that we reasonably believe that You are subject to any
sanctions pursuant to any regulations made under the Sanctions and Anti-Money
Laundering Act (AMLA) of 2020 (or any successor legislation) We reserve the right (in Our sole
discretion), and without any requirement to notify You, to refuse any person (including
You) access to any of Our offices or Branches and to any Boxes and to all/any of their
(or its) contents at any time.
10. ACCESS
10.1 We will inform You of the procedures which You must follow to access the Box at the
time You open Your account with Us or on the occasion of Your first visit.
10.2 We will not accept any instruction given at any time by You which has as its aim, object
or effect the prohibition or restriction of access to the Box of any other customer named
on Your Application Form, (including any customer who has been added at a later date
by a variation form) whether given orally, in writing or otherwise.
10.3 We will not accept any instructions given at any time by You to remove another
customer who is named on Your Application Form (including any customer who has
been added to the Contract at any time after the Start Date) from any account.
11. BOX HOLDERS
11.1 Where there is more than one customer named on an Application Form (or added to
the Contract at any time after the Start Date):
(a) each customer will have equal rights of access to the hired Box and
each customer will be able to remove items from the Box and add
items to the Box;
(b) removal of any one customer from the Application Form will be at Our
sole discretion and subject to Our prior written consent;
(c) we will only require the consent of one customer to break open the
Box in accordance with these Terms.
11.2 At Our sole discretion, businesses and corporate entities will be subject to enhanced
due diligence verification procedures.
12. COOPERATION WITH AUTHORITIES
12.1 From time to time we may receive lawful instructions or orders from authorities,
(including courts of law) which have jurisdiction in England (‘Lawful Authorities’). In
such cases:
(a) We reserve the right (in Our sole discretion) to refuse any person
(including You) access to any of Our offices or Branches and to any
Boxes and to all/any of their (or its) contents at any time.
(b) We reserve the right (in Our sole discretion) to allow access at any
time to any of Our offices or Branches and to any Box (including by
breaking open the Box) and to provide any other information, notes,
correspondence and records which We may from time to time hold to
such Lawful Authorities. We are not required to notify You in such
circumstances.
12.2 In the event that We receive any instruction, notice or order under paragraph 12.1
above, We reserve the right to refuse to renew any Contract with You or any other
parties to the Contract (including any customer who has been added at a later date by
a variation form).
13. COMMENCEMENT, DURATION AND RENEWAL
13.1 The Contract will start on the Start Date and will continue in force for the Initial Period,
unless it is extended by agreement between Us in writing or terminated in accordance
with the provisions of paragraph 14.
13.2 We reserve the right, in Our sole discretion, not to renew a Contract for any reason
once it has been terminated.
14. TERMINATION
14.1 The Contract will terminate automatically at the end of the Initial Period or, in the event
of an extension to the Contract, at the end of the agreed period of extension. We may
also terminate the Contract by giving You 30 days’ notice in writing. In such
circumstances and at Our discretion, We may refund You a pro-rata amount of any
sums paid by You to Us for the Initial Period or any agreed period of extension where
Your Box is not used as a result of Our termination.
14.2 Termination by You
If You are ending the Contract for a reason set out at (a) to (e) below, the Contract will
end immediately and We will refund You in full for any Services which have not been
provided or have not been properly provided. The relevant reasons are:
(a) We have told You about an upcoming change to the Services or the
Contract which You do not agree to;
(b) We have told You about an error in the Fees or description of the
Services You have ordered and You do not wish to proceed;
(c) there is a risk the Services may be significantly delayed because of
events outside Our control;
(d) We suspend the Services for technical reasons, or notify You that We
are going to suspend them for technical reasons, in each case for a
period of more than 3 days; or
(e) You have a legal right to end the contract because of something We
have done wrong.
14.3 What happens if You end the Contract without a good reason. If You end the
Contract but not for one of the reasons set out in clause 14.2, the Contract will end
immediately but We may charge You reasonable compensation for the net costs We
will incur as a result of You ending the contract. In such circumstances You shall not
be entitled to any refund of Fees paid for Your Box apart from the Deposit.
14.4 We may terminate the Contract at any time by writing to You:
(a) if We receive notice, instructions or orders from any authority which
has jurisdiction over Us or a court of law requiring Us to stop providing
the Services or in the event that We become aware of or reasonably
suspect any breach of the terms of paragraph 9 or any other form of
unlawful activity;
(b) in the event of a material breach by You of any of Our Terms which
has not been remedied by You within 30 (thirty) days of Our notice to
You in writing specifying the nature of the breach and the remedy
required;
(c) if You do not make any payment to Us when it is due and You still do
not make payment within 30 days of Us reminding You that payment
is due;
(d) in the event that a petition for a bankruptcy order is presented against
You, if You make a proposal with Your creditors for a voluntary
arrangement or if any similar matters happen to You and You are a
body corporate;
(e) if You do not, within a reasonable time of Us asking for it, provide Us
with information that is necessary for Us to provide the Services, for
example proof of Your address, identification or other relevant contact
details; or
(f) if You use any abusive or threatening language or behavior towards
any of Our employees, customers or visitors.
15. CONSEQUENCES OF TERMINATION
15.1 Immediately on termination of the Contract (and in any event within 7 days):
(a) all outstanding Fees and other charges due to Us shall be paid by You;
(b) You shall remove all contents from the Box;
(c) save for the purposes of paragraph 15.1(b), all Your rights of access
to the Box shall immediately cease;
(d) You shall immediately return to Us by hand or by recorded delivery all
keys and identity cards relating to the Box in Your possession or
control; and
(e) for any of the reasons specified in paragraphs 14.4(a) to 14.4(e)
(inclusive) We may deduct or charge You reasonable compensation
for the net costs We will incur as a result of Your breaking the Contract.
15.2 If We do not receive all keys and identity cards and/or You do not remove all remaining
contents of the Box once the Contract is terminated, You shall pay to Us on demand
all relevant charges set out in the Price List (for example, any fee for a replacement
lock in the event of the return of only one key or postage costs if any items found in a
Box are returned to You) together with interest on them (accruing in accordance with
the provisions of paragraph 4.2) if any, and all other costs and expenses which We
may reasonably incur. You shall also pay to Us all Fees until such time as We are in
receipt of all keys and identity cards and You have removed all contents from the Box.
We shall be entitled to take all the steps detailed in paragraph 6 following termination
of the Contract.
15.3 The termination of the Contract for any reason will not affect any rights or liabilities
which have accrued prior to expiry or termination of the Contract nor affect any of Our
Terms which are intended (whether expressly or by implication) to survive expiry or
termination of the Contract.
16. OUR LIABILITY TO YOU
16.1 Boxes
16.2 If we fail to comply with this Contract, we are responsible for loss or damage you suffer
that is a foreseeable result of our breaking 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. Our entire financial liability for loss or damage to the contents of Your Box
shall be limited to the value of the insurance cover which is in place for Your Box from
time to time.
16.3 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.
16.4 We are not liable for business losses. If You use the Services for any commercial or
business purpose We will have no liability to You for any loss of profit, loss of business,
business interruption, or loss of business opportunity.
16.5 We are not responsible for delays outside Our control. If Our performance of the
Services is affected by an event outside Our control then We will contact You as soon
as possible to let You know and We will take steps to minimize the effect of the delay.
Provided We do this We will not be liable for delays caused by the event but if there is
a risk of substantial delay You may contact us to end the Contract and receive a refund
for any Services you have paid for but not received.
17. DEATH OF CUSTOMER
17.1 In the event of Your death, We are under no obligation to allow access to the Box to
any person claiming to be Your personal representative, unless such person shall
produce to Us on demand a valid grant of probate or letters of administration (or such
other evidence of title as may be acceptable to Us) appointing such person as the
executor or administrator of Your estate.
17.2 In the event We allow access to the Box to Your personal representatives, this shall
be solely for the purposes of inspecting the contents of the Box (and/or to obtain a
copy of any will contained in the Box which we shall be entitled to keep a photocopy
of) with a view to producing a probate valuation.
17.3 We shall be entitled to charge Our reasonable costs and expenses (including but not
limited to any legal fees We incur) in order to satisfy ourselves that the persons
requesting access to Your Box have the requisite authority to do so. These charges
and expenses are set out in the Price List and must be paid prior to access to the Box
being granted.
17.4 Nothing in this paragraph 17 shall affect the entitlement of any other person authorized
pursuant to the Contract to access the Box.
18. YOUR DETAILS
18.1 It is Your responsibility to ensure that the details which You provide to Us are correct
and to notify Us of any changes. Any changes must be notified to Us either in writing
and signed by the person to whom the changes relate or notified by email from the
email address registered with DyerGold for the person to whom the changes relate.
19. DEALING WITH CORRESPONDENCE, INSTRUCTIONS, QUERIES AND REQUESTS
19.1 Where We receive any correspondence, instruction, query or request from You, We
will correspond and deal directly with You. We are under no obligation to notify You of
any correspondence, instruction, query or request received at any time from any other
customer named on the Application Form. You must clearly set out in all
correspondence Your name, address, the relevant office locator and box number.
19.2 We reserve the right to contact You using any contact details provided by You to Us.
20. AUTHORITY
20.1 We will treat all notices, correspondence, instructions, queries or requests (including
for access to the Box) which We receive from You at any time as having been sent,
given to or made of Us with the complete and unconditional authority of all customers
named on the Application Form.
21. DOCUMENTATION, INFORMATION AND PRICE-LISTS
21.1 We make every effort to ensure the accuracy of the information contained in all Our
documents, notices, Price List and other information published by Us from time to time,
including on Our website. However, content may be subject to change from time to
time. In the event of any change We will notify You in writing. Where such
documentation, notices, Price List or other information normally appears on Our
website We will post updates on Our website. This paragraph does not apply to
changes to Our Terms which are dealt with by paragraph 25.3.
22. HOW WE MAY USE YOUR PERSONAL INFORMATION
22.1 We will use the personal information You provide to Us to:
(a) provide the Services;
(b) process Your payment for such Services; and
(c) if You agreed to this during the application process, to inform You
about similar products that We provide, but You may stop receiving
these communications at any time by contacting Us.
22.2 We may pass Your personal information to credit reference agencies. Where We
extend credit to You for the Services We may pass Your personal information to credit
reference agencies and they may keep a record of any search that they do.
22.3 We will only give Your personal information to other third parties where the law either
requires or allows Us to do so.
22.4 If You wish to make a request for access to or removal of any of Your personal data, require details of the personal data which We hold relating to You or have any queries relating to data protection, You should write to Us at DyerGold 3530 S 37th W Ave, Tulsa, Oklahoma 74157, U.S.A.
22.5 For further information on how We treat Your personal data and keep it secure please refer to Our privacy policy and security policy on Our website at www.dyergold.com
22.6 Further information concerning data privacy and protection can be found at the website of the American Data Privacy and Protection Act (ADPPA) at www.congress.gov.
22.7 We may share your personal data with other companies in DyerGold’s Group acting as joint controllers or processors and who are based in the United States and provide Oil and Gas Investment services.
23. CONFIDENTIALITY
23.1 We treat all information which You supply to Us at any time in confidence. We will not disclose any such information to any third parties save as authorized by You or as otherwise provided for by these Terms. We take proper and reasonable steps to maintain the confidentiality of such information during the period of the Contract. We are not responsible for the disclosure, loss or theft of any such information or any documentation or materials containing any such information where the subject matter was at that time already in the public domain. We may from time to time be required to disclose such information to third parties under paragraph 12.
23.2 It is Your responsibility to keep safe any keys and identity cards and to keep secret
any passwords and/or codes which You may use or which We may provide to You
from time to time. We are not responsible for any consequences (of whatever nature)
arising from Your loss of such keys or identity cards or from Your disclosure of such
passwords or codes to any other person.
24. NOTICES
24.1 All documents, notices and other information which We may issue or which We are
required to give to You from time to time will be:
(a) sent by Us by prepaid second class post marked for the attention of
the First Named Customer to the postal address for that person set
out in the Contract or as subsequently notified to Us by that person in
advance in writing; or
(b) sent by email to the address specified by You to Us in advance in
writing
24.2 All such documents, notices and other information shall be deemed to have been duly
received:
(a) if delivered by hand, on signature of a delivery receipt or at the time
the notice is left at the proper address;
(b) if sent by pre-paid second class post or other next working day delivery
service, at 9.00 am on the third Business Day after posting or at the
time recorded by the delivery service;
(c) if sent by email, at 9.00 am on the next Business Day after
transmission;
(d) If sent by airmail, 9.00 am on the fifth Business Day after posting.
We are not required to copy any such documents, notices or other information to any
other persons including any other customer and service by Us on the First Named
Customer shall be deemed to have been properly made on all customers.
24.3 All documents, notices and other information which You may issue or which You are
required to give to Us from time to time must, save as otherwise expressly provided
for in Our Terms, be sent to Us at: c/o The Branch Manager at the branch address
where Your box is held by pre-paid first class post and bear or be accompanied by
a letter bearing Your original signature. All such documents, notices and other
information shall be deemed to have been duly served on the date of Our actual receipt
of the same. We are entitled to treat such documents, notices or information received
by Us from any Customer as having been issued to Us with the authority of and duly
served on Us by all Customers.
24.4 Any communication from Us to You via email will only be made from an authorized
DyerGold email user and will carry the suffix @dyergold.com. Should You receive an
email from an email address carrying any other suffix, please inform Us (in writing)
immediately and do not respond to such an email.
25. GENERAL
25.1 Transfer
(a) We may transfer this Contract to someone else. We may transfer
Our rights and obligations under these Terms to another organization.
We will always tell you in writing if this happens and we will ensure that
the transfer will not affect your rights under the contract.
(b) You may only transfer Your rights with Our consent. You may only
transfer Your rights or your obligations under these Terms to another
person with Our written consent.
(c) Nobody else has any rights under this Contract. This Contract is
between You and Us. No other person shall have any rights to enforce
any of its terms.
25.2 Waiver
(a) Even if We delay in enforcing this Contract, We can still enforce
it later. 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 the Contract, that will not
mean that You do not have to do those things or 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.
25.3 Amendment
(a) We may be required to amend Our Terms to comply with relevant laws
or regulatory requirements or to implement minor technical
adjustments and improvements, for example to address a security
threat. These will not affect Your use of the Services.
(b) If there are more significant changes which need to be made to Our
Terms, We will notify You in writing and You may then contact Us to
end the Contract in accordance with paragraph 14.2(a).
(c) Our Terms may not otherwise be varied or amended unless with Our
prior written consent. A copy of Our latest Terms can be viewed on
Our website at www.dyergold.com where You can also print off a
copy for Your records. No changes to Our Terms will be binding on
You until 28 (twenty eight) days after notification to You of the change.
25.4 Severance
(a) If a court finds part of this Contract illegal, the rest will continue
in force. 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.
25.5 Opening times
Our office is closed annually on Independence Day, Thanks Giving Day, Christmas Day, Boxing Day and New Year’s Day.
25.6 Closure/Relocation
(a) In the event of any permanent closure or relocation of the office where
the Box is situated We will (save in exceptional circumstances or
where action must be taken immediately due to circumstances beyond
Our control, such as following fire or structural damage) notify You as
soon as reasonably practicable in advance.
26. JURISDICTION
(a) Which laws apply to this Contract and where you may bring legal proceedings. These terms are governed by U.S law and you can bring legal proceedings in respect of the services in the U.S courts.