
WEBSITE CODING, DESIGN AND DEVELOPMENT
1. Charges, Estimates and VAT(a) The Company shall charge such costs charges and expenses as shall be agreed in writing with the Customer for the supply of any goods and services.
(b) Any estimates given are based on the Company's current costs of production and, unless expressly otherwise agreed in writing are subject to amendment on or at any time after acceptance by the Customer to cover any rise or fall in such costs.
(c) Unless otherwise stated all costs, charges and expenses are exclusive of Value Added Tax.
2. Additional ChargesThe Company reserves the right to make additional charges in respect of all costs charges and expenses incurred by the Company beyond normal allowances including but not limited to those caused by or arising out of:
(a) copy supplied not being clear and legible;
(b) author's corrections or other work not specified in the estimate;
(c) overtime working by the Company's staff or subcontractors;
(d) additional use of fax, telex, couriers and similar facilities; and
(e) additional or expedited deliveries, packing or mailing.
All preliminary work carried out at the Customer's request, whether experimentally or otherwise, shall be charged to the Customer.
4. Terms of Payment(a) The Company reserves the right:
(i) to invoice the Customer stage by stage at the companies discretion;
(ii) to invoice the Customer for disbursements (including but not limited to postage) incurred by the Company and any such invoice shall be due and payable immediately;
(iii) to require the Customer to provide payments on account for work done or to be done and expenses incurred or likely to be incurred on the Customer's behalf;
(iv) to suspend work until such payments are made.
(b) All other invoices shall be paid in full within 21 days of the date of invoice unless otherwise agreed in writing.
(c) Without prejudice to any other remedy available to it the Company shall be entitled to charge interest on overdue invoices at the rate of 8 per cent per annum pursuant to Section 69 of the County Court Act 1984 from time to time in force and such interest shall accrue at such rate after as well as before any judgment.
(d) Goods or services supplied to or commenced at the request of an agent for the Customer shall be chargeable to that agent as well as to his principal.
5. ProofsProofs of all work may be submitted for the Customer's approval and the Company shall not be liable for errors not corrected by the Customer in such proofs. The Customer's alterations and additional proofs necessitated thereby shall be charged as additional charges. When style, type or layout is left to the Company's judgment, changes there from made by the Customer shall be charged as additional charges. No responsibility will be accepted for any errors in proofs approved by the Customer.
6. Property and Risk in Goods(a) The Customer shall be deemed to have accepted the goods and services on delivery but the Company shall retain ownership of all materials and goods produced by it to the order of the Customer until all goods and services provided to the Customer have been paid for in full.
(b) The risk in the goods shall pass to the Customer upon delivery which for the avoidance of doubt means from the commencement of unloading activities or when collected from the Company by the Customer or its Agent as the case may be.
(c) Any material made available to the Company by or on behalf of the Customer shall, while it is in the possession of the Company or in transit, be at the Customer's risk and the Company shall not be liable for any damage to such materials however caused and the Customer shall insure the said material accordingly.
(d) (i) Electronic data may be erased from memory and lithographic, or other work effaced immediately after the order is completed unless written arrangements are made to the contrary, whereupon a storage fee may be charged to the Customer.
(ii) The Company shall be entitled to destroy any other materials supplied to it by or on behalf of the Customer upon the earlier of 12 months after they come into the Company's possession or one month after written notice has been given by the Company to the Customer.
(e) The Company shall be entitled to make a reasonable charge for the storage of any Customer's property left with the Company before receipt of the order or after notification to the Customer of completion of the work.
By agreeing to these terms and conditions your statutory rights are not affected.
Signature image Consultants will reserve the right to alter any of the above terms and conditions at any time
Standard Terms and Conditions for Web Site Design/Domain Names & Internet Solutions
All Users of services provided by Signature image Consultants, by use of such services, accept the terms of business set out in the form of Service Agreement which follows, irrespective of the mode or manner of ordering employed by the User when ordering the services.
Signature image Consultants is dedicated to delivering tailored Internet Solutions to businesses.
All Signature image Consultants's clients are assured of personal attention to a specific Web Site Design requirement, subject to technical limitations and legal issues.
The following Terms & Conditions details the relationship between Signature image Consultants and the client regarding the services provided by Signature image Consultants and it's agents
1 Every effort is made to ensure the contents of pages authored by Signature image Consultants is accurate as possible
2 Signature image Consultants will not accept any liability for any damages, loss of business, loss of data, failure of security or any losses of any kind.
3 Signature image Consultants makes no warranties of any kind, expressed or implied for services we provide.
4 Signature image Consultants reserves the right to not place or suspend such pages if the materials, publications do not meet all the current national and international legislation.
5 Signature image Consultants assumes that the client has reviewed the content of the pages and accepts full liability for it's contents.
Signature image Consultants cannot accept responsibility of any alterations caused by third party action occuring to the clients site pages once placed.
7 The Client agrees to absolve signature.gb.com of any responsibility arising from any third party contractors' accuracy, reliability, availability and performance which, you acknowledge, are beyond the control and not in any way warranted or supported by Signature image Consultants
8 A warranty period of 14 days following final sign-off is provided for the correction of errors etc. After this date, an extended warranty or Service Level Agreement (SLA) may be purchased (see below)
Exceptions to this rule include any of the following:
(a) On-site maintenance work - charged at £240.00 per day or part thereof
(b) Change requests that deviate from the agreed specification - Elements that were not included in the original specification are charged at a rate of £35 per hour
(c) Hosting - Agreed separately
(d) Service, support and maintenance contract (i.e. extended warranties)
Following the 14-day warranty period, we can provide a fixed monthly support agreement
(The term 'pages' refers to 'WWW', 'Web', 'html', 'htm' or 'home' pages specifically authored for the World Wide Web, Intranet or CD Rom)
WED SITE HOSTING AND EMAIL
1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
2. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that.
3.1 you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
3.2 you will not post, link to or transmit:
any material that is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.
any material containing a virus or other hostile computer program.
any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
3.3 You will not store on the server any of the following:
Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any UK, European or Local regulation.
Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of OpenHosting. Also includes any sites which provide "links to" information about such material or advertising for such material.
Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
.EXE files - no unsolicited executable files can be stored on the servers for security and satiability reason.
3.4 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.
3.5 You shall observe the procedures that we may from time to time prescribe and shall make no use of the Server that is detrimental to our other customers.
3.6 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and a secure manner.
3.7 Any access to other networks connected to our servers must comply with the rules appropriate for those other networks.
3.8 While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
4. Service Availability
4.1 We shall use our reasonable endeavour to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or downtime of the Server.
4.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 14 days you will be notified of the reason.
4.3 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. You may use no more than one login session under any one account at any time. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during login sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub-clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
4.4 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision.
5. Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you and reserve the right to levy a reconnection charge.
6. We understand and will exercise our statutory right to interest under the late Payment of Commercial Debts (Interest) Act 1998 if we are not paid according to agreed credit terms.
7. Intellectual Property Rights
You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name.
8. Indemnity
You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.
9. Termination
Without in any way limiting our rights under sub-clause 4.1
9.1 if you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
9.2 if your website files or scripts stored on one of our servers causes, or staff believe that they cause noticeable and detrimental reduction in service for other uses, then we may immediately suspend your Web Site.
9.3 if you break any of these terms and conditions and you fail to correct the breach within fourteen (14) days following written notice from us specifying the breach, we may terminate this Agreement forthwith upon written notice.
9.4 if you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith without notice to you.
9.5 on termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit.
9.6 The contract shall commence on the commencement date and continue for the Service period and thereafter shall remain in force and effect unless terminated by (1) months written notice by either party subject to the client not being entitled to give notice of termination until expiry of the Service period.
10. Limitation Of Liability
10.1 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to sub-clause 10.2.
10.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
10.3 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services that are the subject of any such claim.
10.4 In any event no claim shall be brought unless you have notified us of the claim within 3 months of it arising.
10.5 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
11. Notices
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
12. Law
This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.
13. Headings
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
14. Refunds
We offer a 14 day money back guarantee on all hosting services; this excludes domain registration and renewal. Domain name registration and renewal is not refundable as once purchased the domain is owned by you.
15. Entire Agreement
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation that has not been made expressly in this Agreement.
12:15 - 05/05/2007