Customer Support - Terms of Business

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Standard Terms and Conditions of Business

This document contains our Standard Terms and Conditions of Business which will apply unless alternatives are specified in our written quotation.

This on-line copy is for reference only. A printed copy of the Terms and Conditions which apply to a particular order may be obtained on request.

1. Definitions

  1. The Supplier means ‘Custom Internet Limited’.
  2. The Client means the person or organisation that agrees to buy goods or services from the Supplier.
  3. Conditions means the terms and conditions of business set out in this document and any special conditions contained in the Supplier’s written quotation.
  4. Goods means any goods or services offered for sale by the Supplier from time to time.

2. Conditions

  1. These Conditions shall apply to all contracts for the sale of goods by the Supplier to the Client to the exclusion of all other terms and conditions including any which the Client may purport to apply under any purchase order, confirmation of order or similar document.
  2. No variation or addition to these conditions shall be effective unless agreed in writing by the Supplier.
  3. No contract for the sale of goods shall arise until the Client notifies the Supplier in writing of its acceptance of the Supplier's written quotation and has paid in full any deposit specified in the Supplier’s written quotation.
  4. Nothing in these conditions shall affect the statutory rights of any consumer.

3. Prices

  1. The price for goods or services shall be the price contained in the Supplier's written quotation.
  2. The Supplier reserves the right to revise prices prior to delivery of goods to reflect any direct or indirect increase in costs to the Supplier but if the price has been paid in full prior to delivery no price revision may take place without the prior written agreement of the Client.

4. Payment

  1. Payment for goods is due as detailed in the Supplier’s written quotation.
  2. All invoices will be submitted in pounds sterling. Payment may be made by cheque in pounds sterling drawn on a UK bank or by bank transfer.
  3. All invoices shall be paid in full not more than 30 days from the date of invoice. Time for payment shall be of the essence and any failure to pay shall entitle the Supplier at its option to treat the contract as repudiated by the Client or to delay delivery or further work until paid (in addition to any other remedy).
  4. If any action or proceedings shall be commenced in which the Client’s solvency is concerned, all monies under any transaction covered by these Conditions shall become immediately due and payable.
  5. Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at 2% above bank base rate per calendar month both before and after judgement.
  6. All invoices shall be paid in full free from any deduction for any set off, counterclaim or otherwise howsoever arising.

5. Warranty and Liability

  1. The Supplier warrants that the goods will at the time of delivery correspond to the description given by the Supplier. Except where the Client is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the goods, whether implied by statute, common law or otherwise are excluded and the Client warrants that he is satisfied as to the suitability of the goods for his purpose.

6. Delivery

  1. Delivery of the goods shall be made to Client's address and the Client shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.
  2. In the case of web sites or pages on the Internet, the delivery date shall be deemed to be the date on which the pages become publicly visible on the Internet.
  3. Unless otherwise agreed the Supplier may deliver by instalments and in such case each instalment shall be treated as a separate contract and any delay, default or non delivery in respect of any instalment by the Supplier shall not entitle the Client to cancel the remainder of the contract.
  4. Whilst every reasonable effort shall be made to keep to any delivery date, time of delivery shall not be of the essence and the Supplier shall not be liable for any losses, costs, damages or expenses incurred by the Client or any other person or company arising directly or indirectly out at any failure to meet any estimated delivery date.
  5. Failure by the Client to pay for any instalment or delivery when due shall entitle the Supplier to withhold further deliveries and the Client shall be liable for any costs incurred by the Supplier relating to such goods which the Supplier is then entitled to withhold.

7. Ownership and Risk

  1. The risk in goods shall pass to the Client when a contract is made even though the goods are kept at the Supplier's premises at the Client's request.
  2. Whilst the Supplier will take all reasonable care of materials supplied or loaned by the Client in order to complete the contract, the Supplier does not accept responsibility for any failure by the Client to maintain master copies or adequate backups of such material.
  3. The Supplier remains the owner of the goods affected by the contract until the Supplier has been paid in full for such goods.
  4. Once the Client has accepted delivery of the goods or any maintenance agreement has expired, whichever is the later date, the Supplier shall be under no obligation to retain backup or archive copies of the goods.
  5. Where the goods includes specially written software, then title to the software remains with the Supplier not withstanding that the Client has paid in full for the same but the Supplier grants to the client the non-exclusive right to use the software. The Supplier retains the sole right to adapt or re-use the software for any other purpose, and the Client may not modify, adapt, reverse engineer or re-use the software for any other purpose.
  6. If any payment due under these conditions is overdue in whole or in part, the Supplier may without prejudice to any of its other rights recover and/or re-sell the goods or any of them and may enter the Client's premises, with his permission hereby confirmed as a condition at contract, by its servants or agents to recover the goods and the Client shall be liable for all the Supplier's costs of so doing.
  7. If the Client is a consumer and properly rejects any of the goods which are not in accordance with the contract, the Client shall nonetheless pay the full price for such goods unless the Client promptly gives notice of rejection to the Supplier and at the Client's cost return such goods to the Supplier in good condition.
  8. In the case of any other sale the Client shall inspect the goods immediately upon delivery and shall notify the Supplier within seven days of delivery if the goods are damaged or do not comply with the contract. If the Client fails to do this, he is deemed to have accepted the goods.
  9. Any goods in respect at which any claim of defect or damage is made shall be preserved by the Client intact together with the original packing at the Client's risk and either
    a) Retained by the Client for a reasonable period to enable the Supplier or its agent to inspect or collect the goods or
    b) With the Supplier's agreement returned by the Client to the Supplier who will refund the cost of postage and packing to the Client if the goods are in the Supplier’s opinion in fact detective.

8. Non Disclosure

  1. The Supplier undertakes to keep confidential all information provided to them by the Client in order to supply the goods ordered.
  2. The Client undertakes not to disclose the Supplier’s prices or other details of the contract to any third party without the written permission of the Supplier.

9. Copyright

In respect of contracts involving publication of material supplied by the Client

  1. The Client undertakes to be responsible for all matters pertaining to compliance with the Copyright Design & Patents Act 1988, subsequent amendments and any other regulations in respect of the use of copyright material passed to the Supplier.
  2. The Client shall be responsible for the payment of any fees required by copyright holders or their agents.
  3. Copyright of any information or material supplied by the Client, special graphics and web pages produced under the contract shall be in the name of the Client.

10. Web Site Publication

In respect of contracts involving the publication of material on the Internet.

  1. Unless expressly specified in the Supplier’s written quotation, the choice of Hosting Provider for hosting the page(s) shall be at the sole discretion of the Supplier.
  2. The Supplier reserves the right to change Hosting Provider should business conditions or technical considerations require it.
  3. Title to any domain name registered on the Client’s behalf shall remain with the Client.
  4. Whilst reasonable effort will be made to ensure that the material remains visible on the Internet, continuous service cannot be guaranteed.
  5. Listings of Client’s material on pages or services provided by third parties shall be on a ‘best effort’ basis.
  6. It is the responsibility of the Client to ensure that the content of web pages published on their behalf meets the requirements of any current legislation in any jurisdiction and will indemnify the Supplier against all and any claims made in the event of any default.
  7. Where hosting services are provided on the Supplier's private servers, the Supplier's 'Fair Usage Policy' shall apply.

11. Cancellation Returns

  1. No contract shall be cancelled nor shall any goods be returned without the prior written approval of the Supplier and on terms to be determined at the absolute discretion at the Supplier.

12. Force Majeure

  1. The Supplier will not be under any liability whatsoever in the event that the Supplier is prevented or delayed from supplying or making delivery of any goods by any reason or cause beyond the Supplier's control.

13. No Waiver

  1. The Supplier's failure to insist upon strict performance of any provision at these conditions shall not be deemed to be a waiver at its rights or remedies in respect of any present or future default of the Client in performance of compliance with any of these conditions.

14. Liability

  1. Except as may be implied by law where the Client is dealing as a consumer, in the event of any breach of these conditions by the Client the remedies of the Client shall be limited to damages which shall in all circumstances not exceed 50% of the price of the goods and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential damages.

15. Dispute

  1. In the event of a dispute between the Supplier and the Client, should the Supplier request in writing, the Client agrees to submit the dispute to arbitration in accordance with the Arbitration Acts for the time being in force as a legally binding alternative to court action.

16. Law

  1. These conditions shall be construed in accordance with English law and the Supplier and Buyer submit to the jurisdiction of the English courts.

17. Contract (Rights of Third Parties) Act 1999

  1. For the purposes of the Contracts (Rights of Third Parties) Act 1999 it is agreed that nothing in any contract between the Buyer and the Seller shall confer on any third party any right to enforce or have any benefit of any term of any such contract.

 

 

email : enquiries@custom-internet.co.uk

 

 

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