Terms and Conditions of Boundary Products Web Design:
In these conditions, unless the context requires otherwise:
"Buyer" means the company, firm, body or person purchasing the Services from Boundary Products.
"Contract" means a contract, subject to these conditions, for the provision of the Services between Boundary Products and the Buyer.
"Boundary Products" means Mr Peter Reason trading as Boundary Products Web Design, Harvest House, Colne Road, Bluntisham, HUNTINGDON PE28 3LU
"Order" means a purchase order in respect of the Services completed or agreed by the Buyer and submitted to Boundary Products, together with all documents referred to in it.
"Quotation" is an agreed piece of work (incorporating these conditions) provided by Boundary Products to the Buyer in respect of the Services.
No contract will come into existence until both parties have agreed in writing - including email or letter post.
"Services" means the subject matter of each Contract between the Buyer and Boundary Products, being the work and/or services to be carried out by Boundary Products for the Buyer pursuant to the Order.
[1] PRICING AND TERMS OF PAYMENT
A Quotation shall not be binding on Boundary Products and a Contract will only come into being upon acceptance by Boundary Products of the Order by sending an email or letter outlining the plan of action to the customer.
Any variation to the Contract must be confirmed in writing (email or letter) by Boundary Products. Quotations submitted by Boundary Products shall remain open for acceptance by the Buyer for a period of 14 (fourteen) days from the date of the Quotation (unless in the Quotation some other period is specified) or when Boundary Products withdraws the Quotation.
These conditions shall, to the extent applicable, apply to goods and products in the same way as they apply to Services.
Where the Services are sold by reference to Boundary Products published price list, the price payable for the Services shall be the ruling price as published in the price list current at the date of purchase.
Where a service is purchased from another company (ie hosting, domain name, secure contact form, shopping basket, etc) the price may varying according to that companies pricing policy and/or foreign exchange rates. The price we give is a guide.
Boundary Products shall (if applicable) add to the price of the Services, and the Buyer 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.
Boundary Products will expect payment from the Buyer immediately upon completion of the relevant Web Site to which the invoice relates.
The Buyer shall make all payments due to Boundary Products by cheque or by bankers draft or in cash or electronic transfer direct to the Boundary Products bank account or by credit card or debit card through the Boundary Products web site (and in each case in pounds sterling).
If the Buyer fails to pay any amount due to Boundary Products 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 (whether before or after judgment) together with any reasonable and proper amounts incurred by Boundary Products in seeking to recover such late payment from the Buyer (including, without limitation, legal fees).
[2] WEBSITE DESIGN
The Buyer unconditionally guarantees that any element of text, graphics or other artwork furnished to Boundary Products 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 Boundary Products from any claim or suit arising from the use of such elements furnished by the client.
All created files remain the intellectual property of Boundary Products on completion of a web design project.
Boundary Products shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivatives works, and distribute any item from the clients web pages unless specifically agreed to do otherwise. Further, Boundary Products 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.
Whilst Boundary Products will build in search engine optimisation into the website designs, we cannot guarantee any positioning within search engine results.
[3] WEBSITE SERVICES
The minimum length of any ongoing website services purchased will be 12 months - unless agreed in writing by both parties.
Boundary Products use Nativespace domain name registration, website hosting and mailboxes.
The registration of a domain name, hosting of a website or registering of mailboxes on behalf of the Buyer is subject to the terms and conditions of these businesses on their individual websites.
The Buyer is subject to the license of the Fast Secure Contact Forms.
Boundary Products will accept no liability for any financial loss resulting from a domain not being renewed.
Boundary Products shall have no liability arising from any financial loss due to any registered mailbox not being available.
Boundary Products shall have no liability arising from any financial loss due to any missed emails or any failure to the Secure Contact Form.
Boundary Products supply the On-line Booking Manager and shopping cart Services via RomanCart and the Buyer is subject to the terms and conditions of this business on the RomanCart website.
Boundary Products will accept no liability for any financial loss resulting from the use of this Booking Manager and, or, shopping cart services.
[4] WARRANTY AND LIMIT OF RESPONSIBILITY
Boundary Products acknowledges and agrees that it shall perform the Services with reasonable skill and care; and in accordance with good industry practice.
If our initial layout is not acceptable we will endeavour to come up with a new or revised one.
If in the very extraordinary circumstance of us not being able to come to an acceptable conclusion, we will refund any design costs that you have paid.
The web hosting, domain name, and email account will be in your name so we cannot refund the money on those items, but you will be able to use most, if not all of them with another web design company.
The Buyer acknowledges and agrees that Boundary Products shall have no liability to the Buyer in respect of the positioning of the Buyer’s Website in any search sites.
The Buyer's 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 Boundary Products) shall, in all cases, be limited to re-performance of the Services or refund of the relevant purchase price.
Boundary Products shall not in any circumstances be liable to the Buyer for any indirect or consequential losses or any loss of profits purported to have been suffered by the Buyer.
Boundary Products shall not be liable for any failure in the performance of any of its obligations under the agreement caused by factors outside its control.
[5] DELIVERY, COMPLETION DATES AND RESPONSIBILITY FOR APPROVING WEB SITE
Boundary Products undertakes to use its reasonable endeavours to provide completed Services to the Buyer within 30 days of the date on which Boundary Products has indicated as the completion date to the Buyer.
The dates for carrying out the Services and delivery of any resultant Website are approximate only and, unless otherwise expressly stated, time is not of the essence for delivery or performance.
Boundary Products will not be liable in any circumstances for the consequences of any delay in delivery or performance or failure to deliver or perform save where the same is as a result of the negligence of Boundary Products.
No delay (unless material) shall entitle the Buyer to reject any delivery or performance or any other Order from the Buyer or to repudiate the Contract or the Order.
The Buyer acknowledges and agrees that Boundary Products shall produce the Website based on information provided to it by the Buyer.
Notwithstanding clause [4] 1. it shall be the responsibility of the Buyer (and not Boundary Products) to review and approve the content of the Website (including, without limitation, the spelling of names and addresses and the accuracy of telephone numbers) at the time of the completion of such Website by Boundary Products to the Buyer for approval by the Buyer.
Boundary Products shall have no liability to the Buyer for any inaccuracies in the Website if and to the extent that the Buyer has failed to review and/or approve (or require amendment (as the case may be) provided to the Buyer by Boundary Products pursuant to this Agreement.
[6] TERMINATION, THIRD PARTY CLAIMS, ASSIGNMENT, SUBCONTRACTING, NOTICES, AND INVALIDITY
Boundary Products may terminate the Contract immediately in the event that the Buyer is in breach of its obligations under the Contract and/or the Buyer suffers any event of insolvency or is or becomes unable to pay its debts as they fall due.
Boundary Products may at its discretion suspend or terminate the supply of any goods and services if the buyer fails to make any payment when due or otherwise defaults in any of its obligations under the contract or any other agreement with Boundary Products or becomes insolvent, has an administrative receiver appointed of its business or is compulsorily or voluntarily wound up or Boundary Products believes that any of those events may occur and in any case of termination may forfeit any monies paid.
Boundary Products may by written notice terminate the Agreement immediately and without liability for compensation or damages except as mentioned in this agreement if the Buyer fails to make payment as specified above.
The Buyer shall indemnify Boundary Products and keep Boundary Products 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 Boundary Products with the Buyer's instructions, whether express or implied.
A person who is not party to this agreement shall have no right under the Contracts (Rights 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 pursuant to that Act.
None of the rights or obligations of the Buyer under the Contract may be assigned or transferred in whole or in part without the prior written consent of Boundary Products.
The Website shall be for the sole use of the Buyer and shall not be capable of assignment to a third party by the Buyer.
Any notice or other communication to be given under these conditions must be in writing and may be delivered or sent by prepaid first class letter post.
Any notice or document shall be deemed served: if delivered, at the time of delivery; if posted, 48 hours after posting.
The invalidity, illegality or un enforceability of any provision of these conditions should not affect the other conditions.
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.
July 2009