1 – General Terms and Conditions For Clients
1.1- Acceptance of our Terms and Conditions
The following terms and conditions apply to the design / print / web and supplied 3rd party services provided by the Company (Communic8 Designs Limited) to the Client.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
1.1.1 – All references to the “Company” refer to Communic8 Designs Limited and its subsidiaries and successors in title.
1.1.2 – All references to the “Client” refer to the individual; firm; partnership or company ordering Goods or Services from the Company .
1.1.3 – All references to “Goods” or “Services” refer to those goods or Services that are the subject matter of the relevant purchase order or contract of sale.
1.1.4 – No contract for Goods or Services will exist between the Company and the Client until the Company has accepted the Client’s purchase order.
1.1.5 – Orders are accepted only upon these Conditions of Sale, and no addition or variation or contradiction thereof (whether contained in the Client’s order or otherwise) shall apply
1.2 – Cancellation of orders
1.2.1 – If the Client cancels a contract or order, they shall reimburse the Company for all costs and expenses incurred up to the date of cancellation.
1.2.2 – the Company shall not be obliged to accept return of goods incorrectly ordered by the Client, but reserves the right to charge a handling fee in any case where it does agree to accept such returns.
2 – Terms and Conditions – Design
2.1 – Project Management
2.1.1 – the Company will undertake the construction any piece of artwork or supply the Client’s design by the date specified in the project proposal, or at date agreed with Client upon the Company (Communic8 Designs Limited) receiving agreement of our estimate and after receiveing either initial payment or agreeing to our credit terms. Unless a delay is specifically requested by the Client and agreed to by the Company (Communic8 Designs Limited)
In return, the Client agrees to delegate a single individual as a primary contact to aid the Company (Communic8 Designs Limited) with progressing the commission in a satisfactory and expedient manner.
During the project, the Company will require the Client to provide all content; text, images, or any other material that will form part of the finished document or design.
2.2 – Standard media delivery
2.2.1 – Unless otherwise specified in the project Estimate, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on DVD / CD Rom, Memory Stick, or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by the Company to return to the Client any images or printed material provided for use in creation of the Client’s document, such return cannot be guaranteed.
2.3 – Failure to provide required document content:
2.3.1 – For the Company to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your document because we have not been given the required information in the agreed time frame, and this results in a delay, we reserve the right to impose a surcharge of up to 25%.
If you agree to provide us with the required information and subsequently fail to do so within one (1) week of project commencement, we reserve the right to close the project and the balance for the amount remaining becomes payable immediately. Simply put, please do not give us the go ahead to start until you are absolutely ready to do so.
Please note: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed pages and or supplied document struture or table. Contact us if you need any clarification on this.
2.4 – Sign off Procedure
2.4.1 – No artwork set will be released for use until the client has seen a final proof that they have signed as approved.
2.4.2 – Any omissions that are found at the proofing stage need to be clearly marked on the proof, or listed within an email so that the changes can be implemented and reapproved.
2.4.3 – When changes are made to a proof, a new proof is sent for final sign-off.
2.4.4 – Although every care and effort is taken to insure against any omissions, it is the responsibility of the client to accurately check and sign off the proof. Any omissions found after this point are the fault and responsibility of the client. The client is ultimately responsible for the final content, both visual and text.
3 – Terms and Conditions – Web
3.1 – Project Management
3.1.1 – the Company will install and publicly post or supply the Clients’ website by the date specified in the project proposal, or by the date agreed with Client upon the Company recieving agreement of our estimate and after recieveing either initial payment or written agreement to our credit terms. Unless a delay is specifically requested by the Client and agreed by Communic8 Designs Limited, this date is unmovable.
In return, the Client agrees to delegate a single individual as a primary contact to aid the Company with progressing the commission in a satisfactory and expedient manner.
During the project, the Company will require the Client to provide website content; text, images, movies and sound files.
3.2 – Standard media delivery
3.2.1 – Unless otherwise specified in the project Estimate, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by the Company to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
3.3 – Failure to provide required website content:
3.3.1 – For the Company to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
For this reason we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and this results in delays, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do within one week of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, please do not give us the go ahead to start until you are ready to do so.
Please note: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
Using our content management system you are able to keep your content up to date yourself.
3.4 – Using a Clients 3rd Party Hosting Provider
3.4.1 – If the Clients’ website is to be installed on a third-party server, the Company must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
3.4.2 – If using a client’s 3rd party hosting provider, we cannot guarantee or safeguard against any disruption, loss of data, systems or downtime of a site if and when the provider update; or modifies their system.. the Company is happy to investigate any issues that arise and provide an estimate to fix the issues which the client can decide to accept or decline.
3.5 – Sign off Procedure
3.5.1 – the Company will provide the Client with an opportunity to review the appearance and content of any digital content during the design / proofing phase and once the overall development is completed. At the completion of the project, such materials will be deemed to be accepted and approved. The Client must notify the Company , of any website errors within five (5) working days of the date the materials are made available online, after which point any errors found will be treated as new charagable work.
It is impertrative that any social media content is fully reviewed / proof read and then signed off fully by the client before being posted as it is extremely hard to removed / delete once live and the Company will not be liable for any errors once posted.
3.6 – Web Browsers
3.6.1 – the Company makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). The client agrees that the Company cannot guarantee correct functionality with all browser software across different operating systems.
3.6.2 – the Company cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, the Company reserves the right to estimate for any additional work required after the site goes live which involves editing / correcting websites for use on updated browser software.
3.7 – Post Placement Alterations
3.7.1 – the Company cannot accept responsibility for any alterations that caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
4 – Terms and Conditions – 3rd Parties
4.1- Project Management
4.1.1 – We are happy to work with clients who wish to use their own 3rd party suppliers or services that we would under normal circumstances, also sub-contract out. In all circumstances, we would supply the goods, materials and services to the client, it is the responsibility of the client to then pass on to their alternative 3rd party supplier.
4.1.2 – On the acceptance of agreeing to pay our management / admin fees, we are happy to work directly with clients’ 3rd party supplier and within reason co-ordinate and manage them accordingly.
4.2 – Sign off Procedure
4.2.1 – No artwork set will be released to the client or 3rd supplier for use until the client has seen a final proof that they have approved and signed for.
4.4.2 – Although every care and effort is taken to insure against any omissions, it is the responsibility of the client to accurately check and sign off the proof. Therefore, any omissions found after this point are the fault and responsibility of the client. The client is ultimately responsible for the final content, both visual and text.
4.3 – Use of our trusted 3rd party suppliers
4.3.1 – If a client is commisioning us to use one of our trusted 3rd party suppliers, we will manage and co-ordinate the entire process ensuring the project is kept on time and within budget. After the point of signing off any artwork as outlined in section 4.2 we will then co-ordinate both ourselves and our 3rd party supplier to manage the remaining parts of the project until its completion. Upon recieving of goods, material and services back from our trusted 3rd party suppliers we will make a final inspection for quality. In the event of a quality issue arising in the first instance, we will work with the supplier to remedy the situation. We will endeavour to limit the impact in terms of timing with the client, but where timings might be affected we will inform the client at the first possible moment.
4.4 – Use of client’s trusted 3rd party suppliers
4.4.1 – the Company cannot accept responsibility for any alterations caused by a third party occurring to the Client’s artwork, goods, services and or supplied services. Such alterations include, but are not limited to additions, modifications and or deletions.
4.4.2 – the Company cannot accept responsibility for any alterations caused by a third party occurring to the Client’s artwork, goods, and or supplied services. Such alterations include, but are not limited to additions, modifications and or deletions, which then generate additional cost as a direct consquence as outlined in section 4.4.1
4.5 – Loss or Damage in Transit
4.5.1 – The Client will be expected to examine the goods and materials supplied immediately up on delivery. Any claims for short delivery or damage must be made by the Client in writing within 14 days of the delivery date.
5 – Ownership Rights / Copyright / Patents and Trademarks / Marketing and Promotional Uses / Release of Artwork
5.1- Ownership rights
5.1.1 – Any supplied artwork, goods, materials and services shall remain the property of the Company until the Client has paid for them in full. Until that time, where applicable for physical goods and materials, the Client shall hold them as bailee, store them in such a way that they can be identified as the property of the Company , and keep them separate from their own property and the property of any other person.
5.1.2 – Any supplied phyical artwork, goods, materials remain the property of the Company until paid for, in full they shall be held at the risk of the Client from the time of delivery and the Client shall insure them against loss or damage accordingly.
5.1.3 – The Client’s right to possession of the Goods shall cease if:
i) the Client has not paid for the Goods in full by the expiry of any credit period allowed by this contract.
ii) the Client is declared bankrupt or makes any proposal to their creditors for a compoisition or other voluntary arrangement.
iii) a receiver, liquidator or administrator is appointed in respect of the Client’s business. On cessation of the Client’s right to possession of the Goods in accordance with this clause, the Client shall, at their own expense, make the Goods available to the Company and allow the Company to repossess them.
5.1.4 – Where printed materials have been delived in advance of payment, the Company reserves the right to reclaim material from the client, if the Company believes the client will never settle any generated invoice or will willfully delay payment beyond any agreed credit terms.
5.1.5 – Domains when brought are setup in the details of the client for whom they are intended, to which the client owns. This means that the client, if they wish to, can transfer the ownership over to an alternative supplier providing all outstanding invoices have been settled.
5.1.6 – Providing there are no outstanding invoices on the clients’account, the client has the right to claim ownership.
5.1.7 – The client does not have the right to claim ownership if their account is suspended and / or if any outstanding funds are owing on the account
5.1.8 – The Client hereby grants the Company , the Company ’s agents and employees, an irrevocable licence to enter any premises where the Goods are stored in order to repossess them or inspect them at any time.
5.1.9 – On the proviso that there are no outstanding invoices, any supplied design work, goods or materials that are produced are the property of the client.
(i) The client may request a copy of any digital copies of their artwork. The artwork would be burnt to DVD/CD Rom.
(ii) The client does not have any rights to the software, hardware or intelectual property that was used to create the artwork. This mains the property of the Company .
(iii) In most circumstances, we will not be able to release to any 3rd party, digital copies of any items wanted. This is due to the copyright laws and licence agreements that the Company is contractually obligated to follow.
5.3 – Copyright
5.3.1 – At the time of going live with any project, artwork is protected by basic British and International copyright. For more information on copyright please contact the Compan.
However, The Client retains the copyright to data, files and graphic logos provided by the Client, and grants the Company the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting the Company permission and rights for use of the same and agrees to indemnify and hold harmless the Company from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to the Company that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
5.3.1 – If being supplied with files from clients that we suspect might infringe copyright laws we will refuse to use the file, but try to offer alternatives. If the client refuses to accept alternative solutions the Company will be within its rights to invoice for all the work done up to that point, but decline to complete the remainder of the project
5.4 – Patents and Trademarks
5.4.1 – Unless there is a genuine need or a client requests and pays for a higher level of copyright, patient or trademark protection these additional services will not be undertaken.
5.4.1 – These additional services are subject to strict conditions set by the authorities that govern them. Pease contact us for further information.
5.4.2 – the Company will act in accordance with the known UK copyright laws, license restrictions and will advise clients as to what is legally possible should the circumstances arise. It is advised that clients also conduct their own independent legal checks as the Company will not take responsibility for any legal matters arising from a client incorrectly using or contravening the Company own terms and conditions and or any separate 3rd party claims for breach of use.
5.5 – Marketing and Promotional Uses
5.5.1 – By accepting the Company ’s standard conditions of sale, the Client agrees to allow the Company to send email promotional literature and articles that the Company considers of interest to employees of the Client. The Clients’ employee’s can unsubscribe at any time.
5.6 – Retension and Releasing Artwork
5.6.1 – Any client that has placed an order for artwork will have their work automatically saved and retained up to 12 months from last order. During this time a backup of all work will be kept.
(i) In the event of any artwork being lost during the inital 12 month period from the date of last order, the client will be able to have the work recreated free of charge.
(ii) Any client who has not placed an order for 12 months or longer, the artwork will be removed from our mainframe system and archived. In this circumstance admin charges may be applicable if artwork.
6 – Estimates / Credit / Payment
6.1 – Estimates
6.1.1 – An estimate does not constitute an offer by the Company and may be altered or withdrawn without notice. The right is reserved to increase prices to cover increases in materials, delivery charges or other outgoings as at the date of despatch in the case of Goods or Completion in the case of Services. All estimates include the preparation of two x proofs where relevant, either soft or hard copy. Any additional proofs requested therefore will be charged at £50 per proof.
All estimates are valid for thirty days from the date of issue, unless stated otherwise .
Charges for services to be provided by the Company are defined in the project Estimate that the Client receives via e-mail. Estimates are valid for a period of 30 days. the Company reserves the right to alter or decline to uphold an Estimate after expiry of the 30 days.
6.2- Additional Expenses
6.2.1 – The client agrees to reimburse the Company for any additional expenses necessary for the completion of the work. Examples of this would be the purchase of special fonts – stock photography – 3rd party software solutions etc.
6.3 – Credit Terms
6.3.1 – Accounts unpaid thirty (30) days after the date of invoice will be considered in default, unless agreed otherwise in writing with the Client. All services require an advance payment of a minimum of fifty (50%) percent of the project Estimate total before the work is supplied to the Client for review. A second charge of twenty five (25%) percent is required after the development stage, with the remaining twenty five (25%) percent of the project estimate total due upon completion of the work, prior to release of supplied services, goods or materials .
Invoices will be provided by the Company upon completion of any projects to co-incide with the release of produced artwork, goods and materials Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due for payment within the credit terms stated on an invoice or upon receipt, whichever is shorter.
Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed for the application of interest to be applied. Please refer to section 6.6 of this document for further details.
6.3.2 – Payment for services is due by cheque or bank transfer. Cheques should be made payable to the Company and sent to Communic8 Designs Limited, 5 Boleyn Close, Staines Upon Thames, Middlesex, TW18 3JL. Bank details will be made available on invoices .
Any accounts where cheques are returned for insufficient funds will have a return charge of £25 applied and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay the Company reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by the Company in enforcing these Terms and Conditions.
6.3.3 – The prices invoiced for Goods will be those ruling at the date of despatch and for Services will be those ruling at the date of completion of the Service.
6.3.4 – the Company reserves the right to fix minimum order values and/or to charge a monthly credit account administration fee.
6.4 – Instalment plans / missed installment payment
6.4.1 – If a client has signed up to an instalment package, it is the client’s responsbility that there is sufficent funds within their account to honour any agreement they enter into.
6.4.2 – Any instalment package agreed with the client is at risk if any payments are not paid by the due date. the Company reserve the right to cancel any agreement and seek for immediate full payment of the remaining amount if the client breaches any part of the instalment agreement.
6.4.3 – If a breach has occurred the client will be liable for any administration fees that are then generated along with any reprocession fees in which to recover the funds. In addition in such circumstances the rights of ownership are fully transferred back to the Company , as outline in section 5.1
6.5 – Standard Invoices – Missed or Late Payments
6.5.1 – If any invoice is not paid within 30 days of the date of the invoice then all outstanding invoices, whether or not outstanding for 30 days, shall become immediately due and payable.
6.5.2- Unless agreed otherwise in writing, if payment is not received, within a maximum of 60 days from the date of the invoice, the client’s account with us will be put on automatic stop until cleared. In conjuction with this, the Company , will then instuct our legal representatives to recover and ooutstanding funds. At this point the Company reserves the right to apply for interest to be applied as outlined in section 6.6 and reserves the right to suspend an on-going supporting services.
6.6- Application of Interest to late Payments
6.6.1 – the Company reserves the right to charge interest at the rate of 5.6 % over the current base lending rate of its bankers on the total value of all outstanding invoices, from the date when the invoices first became due for payment until full payment is received. This applies to both our standard invoicing and any instalment plans that a client has agreed to.
6.7- Suspension of supplied services due to late Payments
6.7.1 – If the Client has defaulted on keeping within any agreed credit terms, yet maintains any information or files on the Company ’s Web space, the Company will, at its discretion, suspend, block access and or remove all such material from its web space. the Company is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account.
The Company may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of the Company . The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
6.8 – Charges for delivery
6.8.1 – The Company reserves the right to charge for deliveries if the order value is below the minimum order value set and published by the Company from time to time.
6.9 – Reservation of Title
6.9.1 – The Goods shall remain the property of the Company until the Client has paid for them in full. Until that time, the Client shall hold them as bailee, store them in such a way that they can be identified as the property of the Company , and keep them separate from their own property and the property of any other person.
6.9.2 – Although the Goods remain the property of the Company until paid for, they shall be at the risk of the Client from the time of delivery and the Client shall insure them against loss or damage accordingly.
6.9.3 – The Client’s right to possession of the Goods shall cease if:
(i) the Client has not paid for the Goods in full by the expiry of any credit period allowed by this contract
(ii) the Client is declared bankrupt or makes any proposal to their creditors for a composition or other voluntary arrangement.
(iii) a receiver, liquidator or administrator is appointed in respect of the Clients’ business.
On cessation of the Clients’ right to possession of the Goods in accordance with this clause, the Client shall at their own expense make the Goods available to the Company and allow the Company to repossess them.
6.9.4 – The Client hereby grants the Company , the Company ’s agents and employees, an irrevocable licence to enter any premises where the Goods are stored in order to repossess them or inspect them at any time.
6.10 – Quality Management / Replacement of incorrectly produced goods or materials
6.10.1 – Any omissions at the print stage that are caused due to layout or technical settings of the artwork being incorrectly supplied are the responsibility of the client, not the Company and any additional costs incurred will be met by the client.
6.10.2 – In the event of there being a problem with the end quality of any item that has been produced by a 3rd party, the Company will need to establish very quickly and clearly the nature of the issue. The client must in writing (ideally email) outline the nature of the issue so that a swift investigation and remedy can be implemented. In the event that a 3rd party is as fault, the Company will liaise with the 3rd party in order to address any concerns. In the event that no agreement / progress can be made and the issues are not addressed, then the Company reserve the right to change 3rd party suppliers and withhold any payments. In such circumstances the Company also reserve the right to review and change estimated prices in order to meet the requirements of the order from the client. At all practical stages, the client will be informed on the course of action taken, however, in the event that the client has misinformed, or has incorrectly signed off 3rd party work, the onus and liability is still on the client to honour the original agreement and any associated costs both for the original build and consequential remedial work.
7 – Termination of Projects or supplied services
7.1 – Notice Period
7.1.1 – Termination of any regularly supplied design / web or 3rd party services by the Client must be requested in a writing notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
7.2 – Cancellations of Domain names. Web Hosting, email SSL Certificates and 3rd party subscription based solutions
7.2.1 – During the 1st year contract, the client may not cancel their contract. No refunds or credits will be issued for anyone wishing to cancel during the first 12 months of the 1st year contract.
7.2.2 – Cancellation of the renewal contract may be submitted given in the last 3 months of the 1st year contract, or at any point during the live contract term.
7.2.3 – Any cancellations of the renewal contract must be in writing and done with the understanding that 3 months of notice is issued.
7.2.4 – Any client that is wishes to cancel the renewal contract who has paid in full , is eligible to a refund. The refund is calculated by working out the remaining used billing periods and deducting the 3 months notice. Any refunds that are due will be credited within 90 days of receiving written confirmation.
7.3 – Renewals
7.3.1 – After the 1st year of the contract the client can opt out of renewing the contract. However, unless instructions are issued within the last 3 months of the 1st year contract to cancel the hosting, the hosting will automatically continue.
7.3.2 – On signing up to a renewal of the hosting contract, the client will be committing to another 12 month contract. At this point the client gains the right to cancel the new contract by issuing, at any point, 3 months notice in the form of a written letter.
7.4 – Automatic Renewals
7.4.1 – Where a client has web-based services, unless we are notified in accordance with the terms laid out in
7.2, the contract will self renew; or has opted out of an auto-renewal contact, the following terms of sale will apply:
7.4.2 – Automatically renewed Domain names are purchased subject to a 12 month contract and to the same terms and conditions as mentioned in 7.2 of this document
7.4.3 – An invoice will be issued within 1 month of automatic renewal to be settled within 30 days of the date of invoice.
7.5 – Failure to pay
7.5.1 – In the event that a client has failed to pay, please refer to section 6.6
8 – Governing Laws
These Conditions of Sale shall be construed in accordance with English Law and the parties submit to the non-exclusive jurisdiction of the English Courts.
8.1 – Data Protection Act 1998
8.1.1 – the Company may transfer information about the Client to our financiers who:
(i) may use, analyse and assess information about the Client, including the nature of the Client’s transactions and exchange such information with other members of their group of companies and others for credit or financial assessment, market research, statistical analysis, insurance claims, underwriting and training purposes and in making payments and servicing their agreement with the Company ;
(ii) from time to time, may make searches of the Client’s record at credit reference agencies where the Client’s record with such agencies may include searches made and information given by other businesses; details of their searches will be kept by such agencies but will not be seen by other organisations that may make searches;
(iii) may give information about the Client and its indebtedness to the following: a) the Company ’s or their insurers for underwriting and claims purposes; b) any guarantor or indemnifier of the Client’s or the Company ’s obligations to enable them to assess such obligations; c) their bankers or any advisers acting on their behalf; d) any business to whom the Client’s indebtedness or the Company ’s arrangements with its financiers may be transferred – to facilitate such transfer;
(iiii) may monitor and/or record any phone calls the Client may have with them, for training and/or security purposes;
8.1.3 – in the event that they transfer all or any of their rights and obligations under their agreement with the Company to a third party, may transfer information about the Client to enable the third party to enforce their rights or comply with the obligations.
8.1.4 – the Company will provide the Client with details of its financiers on request, including a contact telephone number if the Client wants to have details of the credit reference agencies and other third parties referred to above from whom they obtain and to whom they may give information about the Client. The Client also has a right to receive a copy of certain information they hold about them if they apply to them in writing. However a fee will be payable.
8.2 – Third Parties
8.21 – A third party shall have no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any term, express or implied, of these Conditions of Sale.
8.3 – Indemnity
8.3.1 – All the Company services may be used for lawful purposes only. You agree to indemnify and hold the Company harmless from any claims resulting from your use of our service that damages you or any other party.
8.4 – Intellectual data
8.4.1 – The Company is not required to release any 3rd party solutions it commissions or develops to clients. This covers but is not limited to, the design and development of any software solutions that meets a unique need. Any software or similar products are subject to licence agreements that the company would be placed under and, or would issue to clients in accordance to standard UK and International copyright laws. Therefore, no duplication, re-sale, hacking, adaption of any software and or website solutions will be permitted. Any such attempts will be seen as a breach of these terms and conditions of sale.
8.4.2 – In the absence of any licenses being issued from the company, this standard set of Terms and Conditions of Sale will act as a Licence agreement to which our clients are bound to. The company reserves all rights to anything it produces and unless stated otherwise any solutions developed will remain the property of the company.
8.5 – Force Majeure
8.5.1 The company shall not be liable for any failure to perform any of its obligations to the Client if such failure is due directly or indirectly to any cause or circumstance beyond the reasonable control of the company.
8.6 – Liability
8.6.1 – The liability of the Company in respect of any claim for loss or damage (not relating to death or personal injury) resulting from any negligence, error, omission or breach of Contract shall be limited to the refund of an amount not exceeding the total consideration payable by the Client to the Company for the Goods or Services in respect of which the claim arises.
8.6.2 – In any event, and notwithstanding anything contained in this contract, in no circumstances shall the Company be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever, and whatever the cause thereof including anything caused by Goods or Services being affected by the year 2000 data change for:
(i) any increased costs or expenses
(ii) any loss of profit, business contracts, revenues, or anticipated savings, or
(iii) any special, indirect or consequential damage of any nature whatsoever.
8.6.3 – The Company hereby excludes itself, its Employees and or Agents from all and any liability from:
(i) Loss or damage caused by any inaccuracy
(ii) Loss or damage caused by omission;
(iii) Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
(iiii) Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.The entire liability of the Company to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.