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Radical Solutions Call 0117 9603886 Trading terms and Conditions Definitions: RS : Dave Powell T/A Radical Solutions General By placing an Order on or renewing services with RS, the Client confirms to be in agreement with and bound by the terms and conditions below. RS 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. RS 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 including "responsive" designs apply, please ask for details. The Client agrees to make available to RS (digital media by post / email) as soon as is reasonably possible all materials required to complete the Site within a period of 28 days from approval of the initial published site design (first page). (Content file types accepted TEXT - .doc .rtf .txt .pdf IMAGES - .gif .jpg .jpeg .bmp .png AUDIO - .wma .mp3 other types only by prior agreement). RS reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or controversial. 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 unless a specific request is made. RS 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. If any materials or information to complete the Site is not forthcoming from the Client within 28 days from Site design (template) agreement, a completion invoice will be raised which will include updating the existing Site pages and making the Site live but only if outstanding materials or information is provided by the Client within 90 days of said invoice. Site completion after this period may incur additional charges. Copyrights Unless specifically agreed in advance, any design, graphics, scripts or coding produced by RS remains the copyright of RS and may only be reproduced or reused elsewhere with the permission of RS. 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 RS copyrighted work elsewhere (eg to use a logo RS designed for the Client's Site on headed notepaper etc.) a copyright release fee is payable, please ask for details. RS cannot take responsibility for any copyright or intellectual property infringements caused by materials submitted by the Client. By hiring RS you agree that any infringements of copyright that should occur are down to you and as such any legal consequences that might arise will be for you to deal with and not RS. It is strongly recommended that you NEVER take images or editorial from other people's websites or from sources like Google Images etc. RS can advise Clients on royalty free image sources and content authoring. RS reserves the right to refuse any material of a seemingly copyrighted nature unless adequate proof is given of permission to use such material. Any suspected copyright infringement, in whatever form, found on an RS hosted site should be reported immediately using our Formal Complaints Procedure. Free Domain If required a .co.uk domain name (eg www.yourbusinessname.co.uk) can be included FREE for 12 months in all RS web service packages. Domain names will be registered only upon the receipt of RS'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 RS who take responsibility for its administration and all registration or renewal fees. When a domain name falls due for renewal RS will contact the Client to confirm they wish renewal to proceed. A Client may take over responsibility for the domain at any time, RS will allow transfer or grant the necessary domain account access subject to receipt of a currently prescribed release fee. On release RS will cease to be responsible for the domain, its fees, associated services and administration. Site updates Site updates (fair and reasonable levels) are included FREE throughout the hosting period with all "display and promote" Sites. Site updates will normally be carried out same working day however this cannot be guaranteed. Longer delays may be experienced during holiday periods. Target response time for updates in the current week is displayed at the top of each page of the RS website. It is the Client's responsibility to check that all displayed or downloadable information / content is published correctly on the Site. RS 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 RS for more information. Promotion RS 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 RS 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 elsewhere. The Client must advise RS 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 RS will endeavor to ensure that the Site will function correctly when viewed with browsers current at the time the Site is published. RS can offer no guarantee of correct function with any browser updates after that date but will investigate and resolve if possible, any problems specifically identified by the Client. An RS invoice (by email) for any work carried out or for service renewals is required to be paid, in full, no later than 14 days from the date of either Site completion or the invoice date unless by prior arrangement with RS. RS will contact Clients (email or phone) to remind them of such outstanding payments if they are not received when due. Accounts not settled within 28 days will attract a late payment surcharge unless agreement to waiver has been reached with RS in advance. After a further 14 days (42 days from invoice date) Site and services (including search engine placements) may be removed or suspended, re-instatement may incur a further additional fee at RS's discretion. Following the non or late payment of an invoice RS reserve the right to either terminate any existing hosting agreement or convert the offending Client's account invoicing to "proforma". In either case the Client will be given reasonable notice in advance of such action. Force majeure RS 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 RS to terminate Services. Liability RS 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. RS accepts no liability for the accuracy of displayed content or downloadable files on Client's websites, misleading or inaccurate content found on any RS hosted Site should be reported immediately using our Formal Complaints Procedure. RS’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 RS charged the Client for Services. RS 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, RS 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 RS 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. RS 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 08 62 |