These conditions apply to all goods and services supplied by PHOENIX WEB SOLUTIONS LTD (The Agency).
The following conditions apply to all services supplied by PHOENIX WEB SOLUTIONS LTD.
All work will be supplied as specified and agreed on the Term of Reference with the Client.
The Agency will aim to provide Clients with a guide to external costs involved (e.g. print costs or web hosting) in the quote, but reserves the right to pass on any changes in external costs to the Client.
The Agency will reserve the right to terminate the contract forthwith;
Where an invoice remains unpaid by the client for a period of one month after the date when the payment becomes due and the Agency shall be entitled upon termination to cancel any contracts arranged by it between the Agency and the Clients.
Copyright and Design
PHOENIX WEB SOLUTIONS LTD will retain the copyright of any material, created for the client by PHOENIX WEB SOLUTIONS LTD until payment of the final invoice. At this time it will become the property of the client.
All third party costs arising from the registration of a domain or website hosting shall be met by the Client. PHOENIX WEB SOLUTIONS LTD can offer hosting and domain names for additional costs.
Search Engine Submission
PHOENIX WEB SOLUTIONS LTD is not responsible for the client’s on-going web site promotion. Should the client require the site to be promoted a separate contract must be agreed. PHOENIX WEB SOLUTIONS LTD can make no guarantees about the success of any search engine promotion activity because this is controlled by the search engines.
The completed website is provided as a complete work. PHOENIX WEB SOLUTIONS LTD can provide future support upon request, but additional cost will be charged.
Computer Systems, Software & Equipment
The Agency shall not be liable for any delay in, or failure to, perform any of its obligations if the delay is caused by circumstances outside reasonable control of the Agency, and for failure of any computer system, software or other equipment used by PHOENIX WEB SOLUTIONS LTD, or any of its suppliers. The Agency shall be under no circumstances be liable for any consequential loss.
PHOENIX WEB SOLUTIONS LTD use there own hosting service which has it’s own set of Terms & Conditions and can be found here http://www.phoenixws-websitehosting.co.uk/terms-conditions/
The Agency may sub-contract any parts of the work or services to be provided, but shall remain liable to the Client for the proper performance or its obligations.
All quotations, tenders, estimates are based on current prices and are subject to amendment on or after acceptance to meet any rise or fall in the price of materials, components, external hosting and other items. The Agency reserves the right to submit interim accounts from time to time where work is on-going in nature.
The Agency reserves the right to request a minimum payment of 35% of the final cost of project to cover external costs and initial design work as stated in the quote. The Agency reserves the right to await payment before embarking on any work.
Ownership Of Goods
All work carried out by the Agency will remain the property of the Agency until full payment has been received. If any payment from the Client to the Agency becoming overdue, the Agency may at anytime (and without prejudice to any of its other right) recover or resell the goods supplied including removing a website from the server.
Except and to the extent otherwise stipulated in the relevant quotation or order, payment for goods and services shall be due on the terms stated on the invoice to the Client. The Agency reserves the right to remove access to the website if the payment is late and put a stop on future work as well as charge interest on late or non payments. This will entail an excess charge of 8% on top of the Bank of England base rate of the total cost of the outstanding invoice. This amount will be added on to the payment for every day the payment is not received. Also there is a a standard compensation cost added to the total of the invoice after loss of interest for compensation, the amount depends on the invoice total. If the invoice total is under £1000 charge is £40, invoice under £10,000 charge is £70 and £100 charge for above £10,000. Please view http://www.bis.gov.uk/files/file37581.pdf for the rules and law on the late payment legislation. If payment is not received after one week of the due date on the invoice, the design and development work will be removed from the public eye. After two weeks of non payment the work will then be disposed.
Unless otherwise agreed or stated in the Agency’s quotation, risk in respect of goods shall pass to the Client when the goods are despatched from the Agency’s premises.
The Agency will rectify any defect provided that:
The Agency will not be obliged to display any matter which is or maybe of illegal or libellous nature or an infringement of the proprietary or other rights of any third party.
The Client acknowledges that services, such as websites, prepared by the Agency is on the basis of information supplied by the Client. Accordingly, the Client will indemnify the Agency against:
(a) any claims, cost and expenses arising out of any illegal or libellous or otherwise actionable matter or any infringement of copyright patent design or of any proprietary rights. The indemnity shall extend to any amounts paid on the advice of the Agency’s solicitors in settlement of any claims.
(b) any legal costs incurred by the Agency in connection with any proceedings brought against it in the Trade Description Act 1968 in which either of the statutory defences are proved.
Should data be lost, PHOENIX WEB SOLUTIONS LTD will do everything within their control to reinstate the data. However PHOENIX WEB SOLUTIONS LTD cannot be responsible for catastrophic loss of data, for example, but not limited to, the event of theft or fire. Data is held in storage which only PHOENIX WEB SOLUTIONS LTD employees have right of access to and is locked overnight.
These conditions are to be construed and operated in accordance with English Law and any dispute arising under them or any order shall be settled in the Courts of England.
Should PHOENIX WEB SOLUTIONS LTD waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit PHOENIX WEB SOLUTIONS LTD to waive the same clause on any other occasion. By agreeing to these terms and conditions your statutory rights are not affected. PHOENIX WEB SOLUTIONS LTD reserves the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above be required please contact us.