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Radical Solutions (Bristol) Call 0117 9603886 Trading terms and Conditions Definitions: RSB : Dave Powell T/A Radical Solutions (Bristol) General By placing an Order on or renewing services with RSB, the Client confirms to be in agreement with and bound by the terms and conditions below. RSB will only carry out work by Order for Clients who are 18 years of age or above and have access to a UK bank account. RSB will take due and reasonable care (due diligence) to conduct its affairs and procedures to minimise errors, misunderstandings and overhead costs to provide its Clients with high levels of service and support at the lowest possible price. Site development In most cases the Client is not required to pay the FEE (full or part) until the Site is completed to the Client's satisfaction. Some exceptions apply, please ask for details. The Client agrees to make available to RSB (digital media by post / email) as soon as is reasonably possible all materials required to complete the Site within a reasonable period. (Content file types accepted TEXT - .doc .rtf .txt .pdf IMAGES - .gif .jpg .jpeg .bmp .png AUDIO - .wma .mp3 other types only by prior agreement). Printed material sent by post may incur an additional charge to for conversion / scanning etc. Unless agreed in advance, such material will not be returned to the Client. RSB will provide the Client with opportunities to review and revise the appearance and content of the Site from initial design concept through to completion. At completion, the Site will be deemed to be accepted and approved by the Client and the Order completed. The Fee is then due in accordance with our payment terms. RSB reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or controversial. Copyrights Unless
specifically agreed in advance, any design, graphics, scripts or coding produced by RSB remains
the copyright of RSB and may only be reproduced or reused elsewhere
with the permission of RSB. Any material supplied by the Client
and appearing unedited / unmodified on the Site remains the copyright
of the Client. Should a Client wish to use any RSB
copyrighted work elsewhere (eg to use a logo RSB designed
for the Client's Site on headed notepaper etc.) a copyright release
fee is payable, please ask for details. RSB cannot take responsibility for any copyright infringements
caused by materials submitted by the Client. RSB reserves the right
to refuse any material of a copyrighted nature unless adequate proof
is given of permission to use such material. Any suspected infringement
of copyright found on an RSB hosted site should be reported immediately
using
our Domain and email If required a .co.uk or .org.uk domain name (eg www.yourbusinessname.co.uk) will be included FREE in all RSB web service packages. If the Client requires domain linked email services (POP3) or a different domain type (eg .com or .net), there will be additional charges, please ask for details. Domain names will be registered only upon the receipt of RSB's Fee. Domains will be registered in the Client's (business trading entity) name in accordance with Nominet guidelines. Access to the domain name control panel will be retained by RSB who take responsibility for its administration and all registration or renewal fees. When a domain name falls due for renewal RSB will contact the Client to confirm they wish renewal to proceed. A Client may take over responsibility for the domain at any time, RSB will grant the necessary permissions / access codes subject to receipt of an agreed release fee. On release RSB will cease to be liable for the domain, its fees and administration. Site updates Site updates (fair and reasonable levels) are included FREE throughout the hosting period with all Sites. It is the Client's responsibility to check that all displayed or downloadable information / content is published correctly on the Site. RSB will advise (email or phone) the Client when any requested update is completed to allow review / revision if required. REGULAR or PLANNED Site updates will be charged extra, there are various ways this can be done. Please contact RSB for more information. Promotion RSB takes advantage of various free search engine submission processes, the Site can take up to 3 months to appear BUT placement is not guaranteed. Any free search engine placements RSB achieves for a Client are strictly on a BEST ENDEAVOUR basis. If search engine placement is business critical to a Client, PAID INCLUSION options are available. RSB can, on request, advise the Client, details of a specialist third party media promotion company who will be able to help / advise on costs etc. The Client must advise RSB in advance of any paid inclusion promotions so that possible impact on server bandwidth can be assessed. In some situations an additional hosting charge may be initially levied or become due if ongoing bandwidth usage is found to be excessive. Compatibility RSB will endeavor to ensure that the Site will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6+ and to an acceptable level with Mozilla browsers. RSB can offer no guarantee of correct function with any other browser software but will investigate and resolve if possible, any problems specifically identified by the Client. The initial Fee / invoice (email) for any work carried out or service renewals are required to be paid in full, no later than 14 days from the date of Site completion or invoice unless by prior arrangement with RSB. RSB will contact Clients (email or phone) to remind them of such outstanding payments if they are not received when due. If the Fee / invoice is not settled or RSB have not been contacted regarding delay, the Site may be removed, re-instatement of the Site may incur a fee at RSB's discretion. Following consistent non or late payment of invoices RSB reserve the right to either terminate any existing hosting agreement or convert the offending Client's account to " pro-forma". In either case the Client will be given reasonable notice in advance of such action. Force majeure RSB reserves the right to defer the date of completion or the carrying out of Services (without liability to the Client) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond its reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce). If the event in question continues for a continuous period in excess of 30 days, the Client shall be entitled to give notice to RSB to terminate Services. Liability RSB will not be liable or become involved in any disputes between the Client and other third parties and cannot be held responsible for any wrongdoing on the part of the Client. RSB accepts no liability for the accuracy of displayed content or downloadable files on Client's websites, misleading or inaccurate content found on any RSB hosted Site should be reported immediately using our Formal Complaints Procedure. RSB’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance its services shall be limited up to the current annual fee RSB charged the Client for Services. RSB shall not be liable to the Client for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Site or Services. Termination Prior to initial Site completion, RSB or the Client may terminate without notice any agreements made and to be removed from any further obligation implied or otherwise. Subsequent to Site completion RSB and the Client agree that, the term of Services shall be one calendar year from the date of Site completion. After Site completion either party shall have the right to cancel Services upon 14 days notice to the other (email), this notice to expire no earlier than the first anniversary date of Site completion. RSB reserves the right to terminate Services immediately if the Client fails, after reasonable request, to comply with any of the terms herein. Complaints Informal procedure Formal procedure rev 9 53 |