In these Terms and Conditions (Terms), the following words and phrases shall have the following meanings:
"You/Your" means the person who purchases and/or receives the Services from Us: "Us/We/Our" means web2solution 771 Gleadless Road Sheffield S12 2QD.
"Contract" means the contract between Us and You which shall be deemed to incorporate these Terms and the terms on any individual Order;
"Services" means the Services, including any goods and materials, detailed in the Order to be supplied by Us to You;
"Order" means this order together with the Terms as now provided by Us and accepted by You describing the Services requested by You and accepted by Us and detailing the estimated price to be paid and estimated timescales for delivery of the Services.
The Contract shall be on these Terms, incorporating the terms on any individual Order, to the exclusion of all other terms and conditions. If any conflict arises between these Terms and any terms of the Order the terms of the Order shall prevail.
The Contract will commence when You place Your Order and shall terminate upon delivery of the Services or as otherwise detailed in accordance with these Terms.
We will provide graphic design, print and/or web development services as will be more specifically defined and confirmed within Your Order.
All times, dates and prices are estimates only and may vary as a result of, without limit, the level of changes requested by You and any variable 3rd party costs.
In relation to our web development services, whilst every effort is made We cannot guarantee search engine rankings.
We aim to deliver full customer satisfaction. To help Us do this You will be asked to review and approve a proof of any designs and content supplied as part of the Services prior to their completion. You must ensure You do so thoroughly as You will be entirely responsible for the accuracy of Your completed Order.
The price for the Services is as set out in the Order and excludes any 3rd party costs or the cost of materials which are not yet known but will form part of the Services, which if applicable will be agreed separately.
Any additional work undertaken at Your request or as a result of delays outside Our reasonable control will be charged separately at Our then current standard daily rates.
All sums due will be subject to any applicable UK taxation, including where relevant, VAT.
We require a non refundable deposit of 50% of the Order value, which will be payable upon placement of all new Orders in addition to payment for any 3rd party services requested as part of the Order.
Further upfront or staged payments may be required should the assignment be lengthy or complex and if applicable will be detailed on Your Order.
We require payment for the balance of Your Order within 14 days of the date on any invoice We issue to You.
Upon receipt of all outstanding payments We will release final copies of and/or access keys to the relevant parts of the Services.
Where We have submitted designs for Your approval You are requested to respond with Your required amendments or approval of Your chosen design within 30 days. After this time, if You have not contacted Us with Your requirements, We reserve the right to invoice You for the full amount quoted. Any queries relating to an invoice must be received within 7 days from the date on the invoice.
If payment is in arrears late payment charges will be levied on a daily basis at 8% above the then current Bank of England base lending rate.
Payment can be made by credit card, cheque or direct bank transfer.
Where payment is made by cheque the cheque should be made payable to web2solution. Bank details for bank transfers can be made available on request.
Once an Order has been received by Us the cancellation terms contained below apply.
Unless otherwise agreed and detailed on Your Order, all intellectual property rights and proprietary rights, including, but not limited to, copyright, design rights and know-how in or relating to any reports, designs or other materials ("Information"), provided to You by Us, shall remain Our sole property or that of Our Licensors. Information may only be used and/or reproduced solely within Your business and must contain a copyright notice in Our favour.
For the avoidance of doubt Our ownership of the aforementioned Information includes, without limit, the right to use examples of it for Our own promotional purposes.
Neither party shall have any liability for loss of data or for any indirect or consequential losses or expenses, including but not limited to loss of or damage to anticipated profits, Contracts, reputation, goodwill, labour costs or losses or expenses arising from 3rd party claims.
Notwithstanding the above clause and save in the case of death or personal injury caused by the negligence of Ourselves, for which Our liability shall be unlimited, Our liability under this Contract shall be limited to £10,000 or the price paid by You for the Services, whichever be the lesser.
We shall not be liable for any loss or damage incurred as a result of any act or omission of the Customer, its employees, agents, representatives, 3rd party suppliers or any persons for which the Customer is at the relevant time responsible, including without limitation, failure to adhere to any element of advice or recommendations communicated to the Customer, whether in writing or verbally.
We will not be liable for any loss of any kind arising from the Customer's use or inability to use the Service or from errors or deficiencies in any part of it whether caused by negligence or otherwise except as expressly provided herein.
You agree to indemnify Us and hold Us harmless against any costs, claims or losses arising out of Your failure to comply with Your responsibilities in Clause 4.
You have to cancel an Order You have placed the following terms apply:
Cancellation requests may be made in writing, by phone or in person but must be agreed by Us.
The date on which any cancellation letter, fax or email is received by Us will be deemed as the date the request has been made.
If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party's obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.
This Agreement represents the entire Agreement between the parties in respect of the Services and shall prevail over any conditions contained or referred to in any of Your documents or otherwise.
If any part of this Agreement is found to be void or un-enforceable by any Court of competent jurisdiction, such part shall be severed from this Agreement, which will otherwise remain in full force and effect.
These Terms shall remain in force until altered in writing and signed by both parties.
The failure by Us at any time or for any period to enforce any one or more of these Terms and Conditions shall not be a waiver of them or a waiver of the right to enforce such Terms and Conditions on a future occasion.
You may not assign this Agreement or any rights or obligations under it without Our prior written consent.
Unless otherwise agreed and subject to the application of the then current prices, these Terms of Business shall apply to any future instructions given by You to Us.
These Terms shall be governed by and interpreted according to English Law and the parties submit to the exclusive jurisdiction of the English Courts.
A person who is not a party to the Contract shall have no rights under the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.