TERMS AND CONDITIONS
In these conditions, unless the context requires otherwise:
“Client” means the company, firm, body or purchasing the services from Cockermouth Web Design.
“Contract” means a contract, subject to these conditions, for the provision of the services between Cockermouth Web Design and the Client.
“Cockermouth Web Design” means Cockermouth Web Design whose registered office is 1 Robinsons Court, Cockermouth, Cumbria, CA14 9LE.
“Order” means a purchase order in respect of the services completed or agreed by the client and submitted to Cockermouth Web Design, together with all documents referred to in it.
“Quotation” is an agreed piece of work (incorporating these conditions) provided by Cockermouth Web Design to the client in respect of the services. No contract will come into existence until Cockermouth Web Designs written acceptance or order form has been completed and signed on behalf of the client and the order acknowledgement has been signed on behalf of Cockermouth Web Design.
“Services” means the subject matter of each contract between the client and Cockermouth Web Design, being the work and/or services or any of them to be performed by Cockermouth Web Design for the client pursuant to the order.
General
A Quotation shall not be binding on Cockermouth Web Design and a contract will only come into being upon acceptance by Cockermouth Web Design of the order by signing or counter signing the date of the order and returning it to the client.
The contract will be subject to these conditions. All terms and conditions appearing or referred to in the order or otherwise stipulated by the client shall have no effect. Any variation to the contract must be confirmed in writing by Cockermouth Web Design.
Quotations submitted by Cockermouth Web Design shall remain open for acceptance by the client for a period of 14 (fourteen) days from the date of the quotation (unless in the quotation some other period is specified) or when Cockermouth Web Design withdraws the quotation.
These conditions shall, to the extent applicable, apply to goods and products in the same way as they apply to services.
Prices
Where the services are sold by reference to Cockermouth Web Design published price list or tariff structure, the price payable for the services shall be the ruling price as published in the price list or tariff structure current at the date of purchase.
In other cases, the price of the services shall, subject to clause 1.c above, be that stated on the relevant quotation.
Cockermouth Web Design shall(if applicable) add to the price of the services, and the client shall pay, an amount equal to any VAT or other sales tax or duty applicable from time to time to sales or supply of such services.
Any price changes will take effect from the 1st day of the month and the client will be notified in writing 7 (seven) days before any price changes take effect.
Terms of Payment
Subject to clause 3.b the client shall, at the time of submission of an order to Cockermouth Web Design, pay to Cockermouth Web Design a non-refundable deposit for the services specified on the order of 40% of the value shown on the order “Deposit”.
The client shall not be required to pay a deposit for services other than Web Designs.
Cockermouth Web Design shall invoice the client for all services (less any deposit) immediately on completion of the website.
Unless otherwise agreed in writing by Cockermouth Web Design and without prejudice to clause 3.a and 3.d, invoices shall be payable by the client immediately upon completion of the relevant website to which the invoice relates.
The client shall make all payments due to Cockermouth Web Design by cheque or by bankers draft or in cash or electronic transfer to the company bank account or by arranged direct debit (and in each case in pounds sterling).
If the client fails to pay any amount due to Cockermouth Web Design under this agreement on the relevant due date, default interest at the rate specified by the late payment of Commercial Debts (interest) Act 1998 shall be added to such amount for the period from the day after the due date until the date of receipt together with any reasonable and proper amounts incurred by Cockermouth Web Design in seeking to recover such late payment from the client.
Website Design
The client unconditionally guarantees that any element of text, graphics or other artwork furnished to Cockermouth Web Design for inclusion in the web design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Cockermouth Web Design and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
All creation files remain the intellectual property of Cockermouth Web Design on creation of a web design project.
Cockermouth Web Design shall be free to use any ideas, concepts, know how or techniques acquired in the construction of websites for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and any other items incorporating such information unless specifically agreed otherwise.
Website Optimisation
Whilst Cockermouth Web Design will try to improve the position of your website in search engine results in response to a search request, we do not warrant that this effort is in any way guaranteed.
Cockermouth Web Design cannot be held responsible for any changes to the position of your website in the search engine results in response to a search.
Website Services
Cockermouth Web Design are registered Reseller Partners for domain name registration, website hosting and mailboxes through Heart Internet. The registration of a domain name, hosting of a website or registering of mailboxes on behalf of the client is subject to the terms and conditions of this business on their website.
Cockermouth Web Design will accept no liability for any financial loss resulting from a domain name not being renewed.
Cockermouth Web Design shall have no liability arising from any financial loss arising from any registered mailbox not being available.
A charge of £100.00 will be charged for any domain transfer. A domain will only be transferred if it has been paid as well as other outstanding balances.
Warranty and limit of responsibility
Cockermouth Web Design acknowledges and agrees that it shall perform the services with reasonable skill and care and in accordance with good industry practice.
The client acknowledges and agrees that Cockermouth Web Design shall have no liability to the client in respect of the positioning of the clients website.
The clients remedies in respect of any claim under the foregoing express warranty or any condition or warranty implied by law or any other claim in respect of the services or website or any workmanship in relation to them (whether or not involving negligence on the part of Cockermouth Web Design) shall, in all cases, be limited to re-performance of the services or refund of the relevant purchase price.
Cockermouth Web Design shall not in any circumstances be liable to the client for any indirect or consequential losses or any loss of profits purported to have been suffered by the client.
Cockermouth Web Design shall not be liable for any failure in the performance of any of its obligations under the agreement caused by factors outside its control.
Delivery and completion dates
Cockermouth Web Design undertakes to use its reasonable endeavours to provide completed services to the client within 30 days of the date on which Cockermouth Web Design receives a signed order from the client.
The dates for carrying out the services and delivery of any resultant web site are approximate only and, unless otherwise expressly stated, time is not of the essence for delivery or performance.
Cockermouth Web Design will not be liable in any circumstances for the consequences of any result of the negligence of Cockermouth Web Design.
No delay (unless material) shall entitle the client to reject any delivery or any other order from the client or to repudiate the contract or the order.
Responsibility for approving the website.
The client acknowledges and agrees that Cockermouth Web Design shall produce the web site based on information provided to it by the client.
Notwithstanding clause 8.a it shall be the responsibility of the client (and not Cockermouth Web Design) to review and approve the content of the web site (including, without limitation, the spelling of names and addresses and the accuracy of telephone numbers) at the time of the completion of such web site by Cockermouth Web Design to the client for approval by the client.
Cockermouth Web Design shall have no liability to the client for any inaccuracies in the web site if and to the extent that the client has failed to review and /or approve (or acquire amendment (as the case may be)) provided to the client by Cockermouth Web Design pursuant to this agreement.
Termination
Cockermouth Web Design may terminate the contract immediately in the event that the client is in breach of its obligations under the contract and/or the client suffers any event of insolvency or becomes unable to pay its debts as they fall due.
Cockermouth Web Design may at its discretion suspend or terminate the supply of any goods or services if the client if the client fails to make any payment when due or otherwise defaults in any of its obligations under the contract or any other agreement with Cockermouth Web Design or becomes insolvent, as an administrative receiver appointed of its business or is compulsorily or voluntarily wound up or Cockermouth Web Design bona fide believes that any of those events may occur and in any case of termination may forfeit any monies paid.
Cockermouth Web Design may by written notice terminate the agreement immediately and without liability for compensation or damages except as mentioned in this agreement if the client fails to make payment as specified above.
Third Party Claims
The client shall indemnify Cockermouth Web Design and keep Cockermouth Web Design indemnified from and against any and all actions, costs (including, without limitation, the cost of defending any legal proceedings), claims, proceedings, accounts and damages in respect of any infringement or alleged infringement by a third party of any patent , registered design, unregistered design, design right, copyright, trade mark or other industrial or intellectual property rights resulting from compliance by Cockermouth Web Design with the clients instructions, whether expressed or implied.
Assignment and Subcontracting
None of the rights or obligation of the client under the contract may be assigned or transferred in whole or in part without the prior written consent of Cockermouth Web Design.
The web site shall be for the sole use of the client and shall not be capable of assignment to a third party by the client.
Cockermouth Web Design shall be entitled to sub contract any work relating to the contract without obtaining the consent of, or giving notice to, the client.
Notices
Any notice or other communication to be given under these conditions must be in writing and may be delivered or sent by pre paid first class letter post.
Any notice or document shall be deemed served: if delivered, at the time of delivery; if posted, 48 hours after posted.
Invalidity
The invalidity, illegality or unenforceability of any provision of these conditions shall not affect the other conditions.
Third Party Rights
A person who is not party to this agreement shall have no right under the Contracts (Right s of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than the pursuant to that act.
Law and Jurisdiction
The contract shall be governed by and construed in all respects in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts.
November 2010.