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These form our standard terms and conditions of contract,
but we reserve the right to modify these details as required
at any time without notice. Individual contracts may be
subject to additional or revised terms as required.
1.
Definitions:
i. "The Vendor" refers
to Webwis-Direct.com, its employees and any agent or body
lawfully representing Webwis-Direct.com.
ii. "The Client" refers
to any person, partnership, company, organisation or body
that contracts the services of the Vendor.
iii. "The Contract"
refers to the schedule of work agreed between the Client
and the Vendor to which these conditions shall apply.
iv. "Deliverables" are the outputs of services
to be supplied under the Contract and shall include but
are not limited to, all software and written material, including
programs, tapes, listings and other programming documentation.
v. "Completion" is
5 working days from the Deliverables being uploaded to a
temporary site location for approval by the Client, without
the Client notifying the Vendor that the Deliverables are
unsatisfactory.
2. Payment:
An
initial payment of 50% of the quoted Contract price is due
upfront when the Contract is agreed. The balance is due
upon Completion. Whilst any payment due under the Contract
remains outstanding, the Vendor shall be entitled at its
sole and absolute discretion to withhold provision of any
goods or services it would otherwise be obliged to provide
under the Contract. Payment can be made in GBP (Sterling)
via Nochex (UK residents only), Paypal, by personal or cashiers
cheque or by bankers draft.
3. Late Payment:
In accordance with the LATE PAYMENT OF COMMERCIAL DEBTS
(INTEREST) ACT 1998, any invoice which has not been paid
within 30 days of its submission may be subject to a late
payment Statutory interest charge as defined in the Act.
This is presently an Annual Percentage Rate (APR) of the
Bank of England base rate plus 8%, whereby the late payment
charge is calculated on a daily basis commencing the first
day after the 30 day credit period.
4. Communication:
The Vendor's preferred method of communication is email.
5. Liability:
The
Client shall indemnify and save harmless the Vendor from
all and any litigation arising from the Contract. Furthermore,
the Vendor hereby excludes itself from:
i. all and any liability for
loss or damage caused by any inaccuracy, ommission, delay
or error, whether the result of negligence or other cause
in the production of the web site.
ii. all and any liability for
loss or damage to clients artwork/photos, supplied for the
site, immaterial whether the loss or damage results from
negligence or otherwise.
6. Copyright:
Any web page, design or entire site designed by the Vendor
carries a copyright, and cannot be reproduced without written
consent. The striking of a Contract between the Client,
or other person/Agency on behalf of the Client, and the
Vendor constitutes a guarantee that all necessary authority
and permissions have been obtained in respect of the artwork,
design and photographs, for use within the Contract. The
Client must indemnify the Vendor in respect of all actions,
proceedings, costs demands and claims arising from any such
breach.
7. Delivery:
On completion of work, the Deliverables shall be uploaded
to an agreed temporary location for approval. Upon written
approval by the Client, the Deliverables shall be uploaded
to the Client's server. Where the clients site is being
hosted by a third party, the Vendor reserves the right to
delay uploading of the Deliverables until full payment has
been received.
8. Compatibility:
It is intended that all HTML coding and the output of server
scripting shall be compatible with the agreed Transitional
standard, as defined by W3C Standards Organisation. As such,
the output shall be guaranteed to display correctly in Microsoft®
Internet Explorer™ version 5.5 and above and Netscape®
Navigator™ version 6.2 and above. Compatibility with other
versions or browsers is not guaranteed unless requested
at the time of striking the Contract, in which case an additional
charge may be made.
9. Severability:
In the event of any one or more of the provisions of these
conditions and/or the Contract shall be held to be invalid,
illegal or unenforceable, the remaining provisions of these
conditions and/or the Contract shall be unimpaired and these
conditions and/or the Contract shall not be void for this
reason alone. Such invalid, illegal or unenforceable provision
shall be replaced by a mutually acceptable valid, legal
and enforceable provision which comes closest to the intention
of the parties underlying the invalid, illegal or unenforceable
provision.
10. Law:
These
conditions and all other express terms of contract shall
be governed and construed in accordance with the laws of
England and Wales.
11. Privacy: We are committed to protecting your privacy.
We will only use the information that we collect about you
lawfully (in accordance with the Data Protection Act 1998).
* We may collect information
about you for 2 reasons: firstly, to process your order
and second, to provide you with the best possible service.
* We will not e-mail you in
the future unless you have given us your consent.
* We will give you the chance
to refuse any marketing email from us or from another associated
trader in the future.
* The type of information we
may collect about you includes:
- your name
- address
- phone number
- email address
* We will never collect sensitive
information about you without your explicit consent.
* The information we hold will
be accurate and up to date. You can check the information
that we hold about you by emailing us. If you find any inaccuracies
we will delete or correct it promptly.
* The personal information which
we hold will be held securely in accordance with the law
and the Which? Web Trader Code.
* If we intend to transfer your
information outside the EEA (European Economic Area) we
will always obtain your consent first.
* We may use technology to track
the patterns of behaviour of visitors to our site. This
can include using a "cookie" which would be stored
on your browser. You can usually modify your browser to
prevent this happening. The information collected in this
way can be used to identify you unless you modify your browser
settings.
* If you have any questions/comments
about privacy, you should email us at info@webwis-Direct.com
All content in this site
is provided 'as is' and no warranty is given as to the accuracy
or suitability of any part hereof. No liability will be
accepted for any death, injury, damages or loss, direct
or consequential, howsoever caused, following the use or
misuse of any advice or information, real or implied, provided
by this site. No part of this site may be copied or reproduced
without express written permission fromWebwis-Direct.com.
All trademarks shown belong to their respective owners.
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