Terms and Conditions of Services

GENERAL CONDITIONS OF CONTRACT - WEB DESIGN SERVICES

These conditions, which are construed under English Law, are applicable to Remingtons Digital (AKA cms_website_design) and should be read in conjunction with other documents and/or the correspondence comprising our offer.

1. The Contract for Web Design services is to be based on the conditions herein or detailed in the contractual estimate.

2. Web Design accounts will be rendered in advance or in stage payments if previously agreed.

3. Initial payment of all eBay accounts is in full, in advance and payment for all subsequent Web Design work on eBay accounts will be 100% advance payment except where such an account has pages 'reserved' for later inclusion, which are not charged.

4. Initial payment of all non-eBay accounts is 50% advance payment for Layout Design (look and feel) with the balance payable on client sign-off, interest being chargeable on overdue accounts at 2% per month above the Average Basic Lending Rate of the four major clearing banks.

5. Sites will not be uploaded into a customer's/Remingtons Digital's server until such time as invoices have been paid.

6. The Company cannot be held liable for any loss of business resulting from the termination of a customer's hosting account/s.

7. The Company cannot be held liable for any potential future loss of business resulting from the termination of any hosting accounts.

8. The Company cannot be held liable for any loss of business resulting from the termination of any Web Design services.

9. On non-eBay sites, any quote for work will remain open for acceptance for a period of 20 (twenty) days from the date of our estimate. If, for any reason, Remingtons Digital is not requested to commence the work within 20 (twenty) days of acceptance of our offer, we reserve the right to re-negotiate.

10. Any rates quoted, or standard schedules included, relate to works within the United Kingdom unless specifically stated to the contrary.

11. Reports, drafts and all other records provided by Remingtons Digital are private and confidential between the Client and Remingtons Digital and they may not be used or relied upon by any other party without the prior consent of Remingtons Digital. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.

12. Ownership of the work carried out together with all the information contained therein and all data generated under the Contract, between Remingtons Digital and the Client, shall remain vested in Remingtons Digital until the Client has discharged all its obligations under Sections 2 to 5 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 3 and 4, above, does not discharge copyright. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.

8. Copyright and all intellectual property rights in the work prepared by Remingtons Digital for the Client, shall remain vested in Remingtons Digital until such time as all fees have been paid. The copyright and all intellectual property rights will pass to the Client after final payment.

9. Under no circumstances shall Remingtons Digital 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 Remingtons Digital 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.

10. The Client agrees that they shall defend, indemnify, save and hold Remingtons Digital harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Remingtons Digital its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Remingtons Digital, its agents, employees or assigns. The Client agrees to defend, indemnify and hold harmless any liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Remingtons Digital; (2) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement.

11. Where the Client intends to use any work or information provided by Remingtons Digital, or any work and information becomes involved in litigation then the Client will both advise Remingtons Digital in writing and seek the approval prior to using the report. Remingtons Digital reserves the right to refuse to provide documents for use in litigation.

12. The total liability of Remingtons Digital 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.

13. Remingtons Digital will use all reasonable endeavour to meet quoted completion dates. However, time is not the essence of the Contract and Remingtons Digital 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.

14. Changes (Author's Corrections) to any work completed or part completed requested by the client or any other part beyond our control, will be charged to the Client on a time basis at Standard Rate of £50.00 (sixty pounds) per hour.

15. 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.

16. The Web Design Contract can be terminated by either The Client or The Company by giving 30 days notice in writing of their intention to terminate all services. The Client will pay all outstanding invoices on or before the termination date. All services supplied by Remingtons Digital will cease on the termination date.