Access to and use of this website is provided on the following basis: 1. By using this website you agree to be legally bound by the following terms. If you do not wish to be bound by all the following terms you should not access any part of this website as any access to any part of this website will constitute acceptance of these terms 2. These terms may be changed by us, unilaterally, at any time. Please view these terms regularly to ensure you are aware of any changes made; any access to any part of this website after such changes are posted will constitute acceptance of the revised terms. 3. You may not (except with our prior written permission) copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any of the content of this website in any way except for your own personal, non-commercial use. 4. You may not (except with our prior written permission) adapt, alter or create a derivative work from any of the content of this website except for your own personal, non-commercial use. 5. You may not use information obtained on this website for the purpose of approaching any user, advertiser, subscriber or any other person for commercial or marketing purposes 6. You agree that you will not use this website for any unlawful purpose, or in any way which infringes the rights of any other person, or restricts or inhibits their use and enjoyment of this website. 7. Information relating to any third party’s products or services is provided without any representations on our behalf as to the quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy, and (save to the extent that warranties may not be excluded by law) and we offer no warranty in respect of those products or services (save to the extent that such warranties may not be excluded by law). 8. Under no circumstances will we be liable for loss of date, revenue, profits, opportunity, goodwill, or any indirect or consequential loss, special or exemplary damage or losses by third parties (whether foreseen, foreseeable, known or otherwise) save to the extent that such liability cannot be excluded by law 9. We do not warrant that this website or the server that makes it available are free of viruses or bugs, or that the functions of this website will be continuously available or free of error 10. Nothing contained in these terms shall be construed as conferring by implication or otherwise any licence or right to use any trademark, patent, design right or copyright.
Client Terms & Conditions of Order 1. Terms And Conditions 1.1. The following terms and conditions apply to the agreement (referred to herein as “the Agreement”) between Customer Solutions (UK) Limited (referred to herein as “We” or “Us” and “Our” as the context requires) and You (referred to herein as “You” and “Your” as the context requires) and each future request for the supply of services and/or materials received by Us from You from time to time unless otherwise agreed in writing. 1.2. The communication of a request by You to Us for the supply of services and/or materials shall amount to Your acceptance of these terms. 1.3. These terms shall take precedence over any of Your terms and conditions, whether attached to, enclosed with or referred to in any purchase order submitted by You or elsewhere. They may not be varied except by written agreement between Us and You 2. Our Responsibilities 2.1. We agree that while the Agreement remains in force We shall perform the following services (“the Services”): 2.1.1. hosting of an entry relating to Your business (“Your Entry”) on Our website (“the Site”) 2.1.2. maintenance of the Site 2.1.3. general support to ensure Your Entry is accessible by visitors to the Site 2.1.4. General promotion of the Site via internet search engines, advertising together with such other promotional methods as We deem appropriate to employ from time to time 2.2. In addition, at Your request We will update Your Entry subject to the provision by You of the necessary information and/or content, subject to payment of a reasonable fee for this additional service. 3. Your Responsibilities 3.1. You agree to: 3.1.1. provide Us with all information, data and documentation reasonably required by Us for the performance by Us of Our obligations under these terms. 3.1.2. keep Your Entry accurate, lawful and up to date at all times, and to indemnify Us against all losses or claims of whatever nature resulting from the content of Your Entry 4. Payments 4.1. Prior to the commencement of the Services You shall pay to Us an administration fee which shall be notified to You in writing (“the Set Up Fee”) 4.2. In consideration of the performance by Us of the Services You shall during the term of the Agreement pay to Us the monthly fee which shall be agreed before commencement of the Services (the Fee) 4.3. You shall during the term of the Agreement pay the Fee in each calendar month by direct debit on such date as We shall specify. Direct debit collection will be made by a third party acting on Our behalf. Collections are currently made by Eazypay, which is the name which will appear on Your account statement. If We instruct any other party to collect the direct debits on Our behalf (which We reserve the right to do) We will notify You of the change and You will complete any form, mandate, or instruction which may be required to facilitate this change. 4.4. All Fees are exclusive of VAT, which shall be payable to Us by You in addition. 4.5. If You do not pay any amount payable by it under these terms when it becomes due, We shall be entitled to charge You interest on the overdue amount. Such interest will be payable by You immediately on demand, from the due date up to the date of actual payment, after as well as before judgment, at the rate of 4% per annum above the base rate for the time being of The Royal Bank of Scotland Plc. Such interest shall accrue on a daily basis and be compounded quarterly. We also reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998. 4.6. Without prejudice to clause 4.5, if You do not pay the Fee when it becomes due, We shall be entitled to cease to provide the Services, and if You wish the Services to resume once the outstanding Fee has been paid, We shall be entitled to charge the Set Up Fee before resuming the Services. 4.7. If We incur costs or charges as a result of Your failure to pay the Fee (including but not limited to non-payment of a direct debit except where 30 days’ notice has been given) We will notify You of the amount of the costs or charges so incurred and You will pay that amount to us within 14 days of demand. 5. Warranties 5.1. These terms sets out the full extent of Our obligations and liabilities in respect of the Services. Subject to clause 6.1 all conditions, warranties or other terms concerning the Services which might otherwise be implied into the Agreement or any collateral contract (whether by statute or otherwise) are hereby expressly excluded, and in particular We do not warrant that the Site will be free of bugs or errors, or that the Site will be continuously available, and We will not be responsible for any losses resulting from non-availability from time to time of the Site. 5.2. You warrant to Us that You shall comply in all respects with all applicable laws and regulations, including without limitation the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003. You shall indemnify and keep indemnified Us against all damages, losses and expenses arising as a result of any breach by You of this clause 5.3. 6. Limitation of Remedies and Liability 6.1. Nothing in these terms shall operate to exclude any or limit liability which by law cannot validly be excluded or limited. 6.2. We shall not be liable to You for any damage to software, damage to or loss of data, loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage. 6.3. Subject to clause 6.1 Our total liability in respect of claims (of whatever nature) based on events in any one year arising out of or in connection with the Agreement shall not exceed the total of the Fees payable in that year. For the purposes of this clause a ‘year’ means the 1st January to 31st December. 7. Intellectual Property Rights 7.1. All Intellectual Property Rights (which means all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, trade marks, service marks, trade names, patents, petty patents, utility models, design rights, semi-conductor topography rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off) in photographs, brochures, software, content and appearance of the Site and any other materials produced by Us in connection with the Agreement whether created before or after the commencement of the Agreement (“the Materials”) shall remain Our property. 7.2. You shall indemnify and keep indemnified Us against all damages, losses and expenses arising as a result of any action or claim that any materials provided by You to Us (“Your Materials”) infringe the Intellectual Property Rights of any third party. 8. Site Content 8.1. You shall ensure that Your Materials do not infringe any applicable laws, regulations or third party rights (and do not contain any material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous or in breach of any third party Intellectual Property Rights) (“Inappropriate Content”). 8.2. You acknowledge that We have no control over any content placed on the Site by visitors to the site and We do not purport to monitor the content of the Site. We reserve the right to remove content from the Site where it reasonably suspects such content is Inappropriate Content. We shall notify You as soon as reasonably possible if it becomes aware of any allegation that any content on the Site may be Inappropriate Content. 8.3. You shall indemnify and keep indemnified Us against all damages, losses and expenses arising as a result of any action or claim that Your Materials constitute or contain Inappropriate Content. 9. Term and Termination 9.1. These terms will be effective from the date We accept Your Order and will continue in force until the Agreement is terminated in accordance with these terms. 9.2. Either party may terminate the Agreement immediately at any time by written notice to the other party if: 9.2.1. if the other party is in breach of these terms and, in the case of a breach capable of remedy, the breach is not remedied within 30 days of the other party receiving notice specifying the breach and requiring it to be remedied; or 9.2.2. if the other party becomes insolvent, or if an order is made or a resolution is passed for the winding up of the other party (other than voluntarily for the purpose of solvent amalgamation or reconstruction), or if an administrator or receiver is appointed in respect of the whole or any part of the other party's assets or business, or if the other party makes any composition with its creditors or takes or suffers any similar or analogous action in consequence of debt; or 9.2.3. the other party fails to make any payment due under the Agreement on the due date for payment; or 9.2.4. the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business; or 9.3. Either party may terminate the Agreement at any time by giving not less than one month’s written notice to the other party. 9.4. On expiry or termination of the Agreement, all provisions of the Agreement shall cease to have effect, except any provision which can reasonably be inferred as continuing 10. Force Majeure Neither party shall be liable for any failure or delay in performance of these terms which is caused by circumstances beyond the reasonable control of a party 11. Confidentiality The parties to the Agreement will at all times keep confidential information acquired in consequence of the Agreement, except for information which they may be entitled or bound to disclose under compulsion of law or where requested by regulatory agencies or to their professional advisers where reasonably necessary for the performance of their professional services. 12. Notices Any demand, notice or other communication given under these terms by a party to it shall be in writing and may be delivered to the other party or sent by first class prepaid letter at its address specified in this, or to any other address as may be notified by the relevant party to the other party for that purpose, and shall be deemed to have been given or made and delivered, if by letter, 24 hours after posting, or if by delivery, when left at the address. 13. General 13.1. Except as otherwise provided in these terms, no party may assign any of their respective rights under the Agreement or any document referred to in it. 13.2. these terms constitute the whole agreement between the parties and supersedes any previous arrangement, understanding or agreement between them relating to the subject matter hereof. 13.3. If any provision of these terms (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force 13.4. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties. 13.5 These terms and any disputes or claims arising out of or in connection with its subject matter shall be governed by and construed in accordance with the law of England.
Additional Terms Applying to Websites
1. In any event where we are waiting longer than 4 weeks for information from the client, from original order date, that is essential to the completion of the website and associated work the remaining balance becomes immediately due. The work will be completeted within 10 working days of receipt of the required information.
2. If we are using an existing domain name currently being held elsewhere final payment is due once the site is complete but prior to the domain transfer being started.
3. In the event that a pre-arranged photography or design appointment is missed (by the client) with less than 24 hours notice a 50% cancellation fee is applicable.
4. Whilst we properly submit your site to the top 10 search engines and correctly meta-tag your site we are unable to make specific guarantees as to it's position in the search engines as this is at the discression of each search engine individually.
Additional Terms Applying to Contracted Monthly Agreements
1. In the event that a direct debit payment is missed the full remaining balance of the contract becomes due immediately.