Concept Internet Terms & Conditions |
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1. DEFINITIONS In this Agreement the terms have the following meaning: “The Client” means any person, company, partnership, organisation or body at whose application, Concept Internet agrees to provide the services and/or products under the terms of this Agreement “The Agreement” means the contract between Concept Internet and the Client to which these conditions apply “The Quote” is any document, which incorporates a “quotation” or “quote”, and is signed by a director of Concept Internet in order to enter into agreement for web or web related digital services with the Client. “Virus” means a malicious and/or destructive coding received without knowledge of the codings effect or thereafter retransmitted without consent 2. SCOPE These terms and conditions of trade shall apply to all goods and/or services ordered by the client from Concept Internet. Changes to the words carried out and specified in the Quote shall only be undertaken at the discretion of Concept, and shall be subject to a fresh Quotation. 3. PAYMENT Payment for goods and services provided by Concept Internet is due 14 days from the date of the invoice unless stated and agreed otherwise in the quote. Whilst any payment under the Agreement remains outstanding, Concept Websites Limited, shall be entitled at it’s sole discretion to withhold provision of any goods or services it would otherwise be obliged to supply under the Agreement. Concept will require a 50% deposit prior to the commencement of any work unless otherwise agreed in the Quote. The Client shall pay the balance of all monies due to Concept as soon as Concept notifies them that the work has been finished in accordance with the Quotation and when the Client has signed a satisfaction note for Concept. 4. OVERDUE AMOUNTS Concept reserves the right to claim interest on overdue monies at the rate of 2% per month. Overdue accounts will result in a suspension of the web site if they are not paid up to date within 28 days; If an account is 6 weeks overdue then Concept shall delete the web site without further recourse to the Client. 5. LIABILITY Any claim by the Client which is based upon any defect in quality or condition of the services supplied or their failure to comply with the Quotation shall notify Concept of this fact within three days from date of service of the notice specified in clause 3.3. Where any valid claim in respect of the services supplied is notified to Concept in accordance with clause 5.1, Concept shall be entitled to repair the web site (or the part in question) free of charge, or at Concept’s sole discretion refund to the Client the price paid (or a proportionate part) but Concept shall have no further liability to the Client. Except in respect of death or personal injury caused by Concept’s negligence, Concept shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term or any duties of common law, or under the express terms of the contract for any indirect, special, or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever, in connection with this agreement. Concept shall have no liability under this agreement for any Virus, which it may transmit to the Client. Virus prevention is the sole responsibility of the Client. 6. DOMAIN REGISTRATION If contracted to do so by the Client, Concept Internet shall organise and arrange domain registration of the Client’s preferred name with the appropriate domain registration authority. The domain name will become the property of the Client upon payment of all sums outstanding and due to Concept by the Client. Where a Client has a pre-registered domain name Concept shall not be liable to the Client for any costs or delays incurred in the transfer of the domain name to Concept. 7. CONFIDENTIALITY Concept Internet and the Client will retain as confidential all information passed between them at all times and any disclosure will only be made by mutual consent. 8. RIGHT TO REFERENCE Concept Internet reserves the right to use the web site or any related product or service undertaken for the Client, in future promotions by Concept Websites Limited, but only on the basis that this should be to the advantage of the Client in relation to additional publicity. Concept Internet may act in the capacity of an authorised reseller for various complimentary third party products and services, such as web space for web site hosting, domain forwarding, the provision of dial up services, e-mail accounts and domain registration. Concept Internet cannot be held responsible for such goods and services provided by any third party. 10. COPYRIGHT Any web page text content, graphic, sound, design concept or entire web site supplied wholly or in part by the Client, will remain the sole property of the Client at all times. The Client will also own full copyright for any new content, graphic, sound, graphic design concept or entire html web site designed exclusively by Concept for the Client, once all monies due to Concept from the Client have been fully paid. Unless specifically stated and agreed in advance under a work for hire agreement, copyright of software platforms, content management, e-commerce, crm systems and all software development ramains with Concept. The signing of the Quote (placing an order) by the Client or other person/Agency on behalf of the Client, constitutes a guarantee that all necessary and permissions have been obtained by the Client in respect of the artwork, designs, sounds, videos and photographs, and that the content of the web site does not infringe any laws of the United Kingdom. For use in the web site or any other related product from Concept. The Client must indemnify Concept in respect of all actions; proceedings; costs; demands and claims from any such breach. 11. AGREEMENT TERMINATION Any agreement to supply products or services anytime in the future, between the Client and Concept Internet may be terminated with 30 days notice in writing by Concept. Any amounts received by Concept, with respect to products and services from a third party shall not be repayable to the Client. Concept shall be entitled to deduct from any monies paid in advance, an amount equivalent to its reasonable expenses incurred at the date of termination. 12. VAT (VALUE ADDED TAX) Prices may be quoted exclusive of VAT and other applicable sales taxes, which will be added to the Client’s invoice for payment at the prevailing rate. 13. LAW These conditions of trade and all other express terms of contract shall be governed and construed in accordance with the laws of England. 14. CD-ROM Upon request by the Client, Concept shall supply to the Client a copy of the web site on CD-Rom. 15. HOSTING In the event that Concept undertakes to host the Client’s web site: The Client will pay hosting charges quarterly by credit card or standing order at agreed rate. 16. OPTIMISATION Where Concept Websites Ltd undertake the Search Engine Optimisation of a website, this is done on the condition that, where possible, satisfactory access is provided to the website in question by File Transfer Protocol. Alternatively a copy of the website should be provided on a CD. In this case, it will be the responsibility of the client to ensure that alterations are uploaded correctly by the client or a third party. Where Search Engine Optimisation is to be carried out and no further service has been ordered, the work is carried out on the understanding that no site redesign will be undertaken within three months of the first Search Engine submissions made, as this could undermine any work carried out. Where a website is subsequently redesigned, optimisation and promotion of the new site will not be considered as part of the original order, but will entail a new agreement. Concept Websites Ltd has no control or influence over the operational parameters of any third party Search Engine or Directory and cannot provide any guarantee of service or continuity of service regarding them. Search Engine / Directory rules and controlling algorithms may change at any time without notice and while Concept Websites Ltd attempt to remain ahead of these changes, the company cannot be held responsible for any losses incurred by the client as a consequence of these changes. We reserve the right to amend and update these Terms and Conditions at any time without notice |
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