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Terms and conditions |
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These
conditions, which are construed under English Law, are applicable to
Vmrk Software Ltd (The Company) and should be read in conjunction with
other documents and/or the correspondence comprising our offer.
- The Contract for Web Design services is to be based on the conditions herein or detailed in the contractual estimate.
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- A fifty per cent deposit is required on all web design contracts.
- All fees for our Search Engine and Directory configuration and submission services are payable in advance.
- Web Design accounts will be rendered either monthly as the
work proceeds or in stage payments if previously agreed. Payment of all
accounts and invoices without retention or discount is required within
thirty days from the date of invoice, interest being chargeable on
overdue accounts at 2% per month above the Average Basic Lending Rate
of the four major clearing banks.
- The Company will issue one statement only for each invoice submitted.
- Unpaid
invoices will bring about automatic suspension of any hosting solution
supplied by our hosting solutions, 30 days after invoice date.
- Should
your hosting be suspended a reconnection fee will be charged for each
reconnection of any hosting solution requested by you to The Company in
writing, such payment to be made in advance and subject to clearance
through our bank.
- The Company cannot be held liable for any loss of business resulting from the termination of any hosting accounts.
- The
Company cannot be held liable for any potential future loss of business
resulting from the termination of any hosting accounts.
- The Company cannot be held liable for any loss of business resulting from the termination of any Web Design services.
- Any
offer will remain open for acceptance for a period of 30 days from the
date of our contractual estimate. If, for any reason, The Company is
not permitted to commence the work within 30 days of acceptance of our
offer, we reserve the right to re-negotiate.
- Any
rates quoted, or standard schedules included, relate to works within
the United Kingdom unless specifically stated to the contrary.
- Reports,
drafts and all other records provided by The Company are private and
confidential between the Client and the Company and they may not be
used or relied upon by any other party without the prior consent of The
Company. Liability to any third party for any reason is specifically
excluded unless separately agreed in writing.
- Title
in the works together with all the information contained therein and
all data generated under the Contract, between The Company and the
Client, shall remain vested in The Company until the Client has
discharged all its obligations under Sections 2 to 3 inclusive above,
whereupon the benefit of the design shall be used by the Client
exclusively for the project on which the services were originally
required, payment in accordance with Clause 2. and 3. above does not
discharge copyrights. Liability to any third party for any reason is
specifically excluded unless separately agreed in writing.
- Notwithstanding
Condition 7 above, copyright and all intellectual property rights in
the work prepared by The Company for the Client, shall remain vested in
The Company until such time as all fees have been paid. The copyright
and all intellectual property rights will pass to the Client after
final payment.
- Under no circumstances shall
The Company be liable to the Client for an indirect or consequential
loss suffered by the Client relying on the information included in the
works prepared by The Company including (without limitation) loss of
profit, loss of Contracts or pure economic loss. Any liability is
strictly limited to the direct losses associated with remedial costs of
the work only, not to include claims for delays, out of sequence
working, non productive overtime, award of costs, etc. Liability to any
third party for any reason is specifically excluded unless separately
agreed in writing.
- Where the Client intends to
use any work or information provided by The Company, or any work and
information becomes involved in litigation then the Client will both
advise The Company in writing and seek the approval prior to using the
report. The Company reserves the right to refuse to provide documents
for use in litigation.
- The total liability of
The Company is to the Client only whether as to specie, quantum or
duration of liability, no other obligations are to be implied into the
Contract, whether as to the giving of bonds, warranties, or guarantees
unless expressly detailed therein. Liability to any third party for any
reason is specifically excluded unless separately agreed in writing.
- The
Company will use all reasonable endeavor to meet quoted completion
dates. However, time is not the essence of the Contract and The Company
will not be liable in cases of late reporting, however, caused, nor
shall lateness be deemed to be a breach of Contract or an act of
negligence.
- Changes to any work completed or part completed requested by the client or any other part beyond our control, will be charged.
- Unless
specifically stated, our price does not include for any costs or
services which may be required from other Consultants, should other
Consultants be required the client shall bear the net costs of
such.
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