Terms
and Conditions for Website Design.
Definitions
"the Purchaser": the
person, company or body buying or offering to purchase Goods and/or Services
from DotSimple.
"Goods": materials
contracted for and/or supplied by DotSimple.
"Services": services
contracted for and/or supplied by DotSimple.
General
The following terms are
DotSimple’s terms and conditions of sale for website design.
Dotsimple concludes
contracts for the supply of Goods and the provision of Services only subject
to these terms and the Purchaser seeking to receive Goods and / or Services
from DotSimple accepts that these terms shall govern relations between
itself and DotSimple to the exclusion of any other terms including
conditions, warranties and representations written or oral, expressed or
implied even if contained in any of the Purchaser’s documents which
purport to provide that the Purchaser’s own terms shall prevail.
Orders
Contracts, once accepted,
cannot be varied or cancelled except with the consent of both parties in
writing and then only on terms which would fully indemnify DotSimple against
any loss caused directly or indirectly by the variation or cancellation.
DotSimple’s employees and agents are not authorised to make any
representation concerning the Goods and/or Services unless confirmed by
DotSimple in writing. In entering into the contract the Purchaser
acknowledges that it does not rely on, and waives any claim for breach of
any such representations which are not confirmed. Any typographical,
clerical or other error or omission in any sales literature, quotation,
price list, acceptance of offer, invoice or other document or information
issued by DotSimple shall be subject to correction without liability on the
part of DotSimple. Dotsimple reserves the right to alter specifications of
the Goods and/or Services without notice. Dotsimple shall have no liability
to the Purchaser or any other party in respect of such alteration on any
account whatsoever.
Prices
Dotsimple reserves the
right to alter prices, trade discounts, settlements discounts and terms at
any time. They are subject to alteration without notice. All orders are
accepted at prices, etc ruling on date of receipt of order. In the event of
a deferred delivery being required, DotSimple reserves the right to charge
at its current rate.
We have an open and
transparent pricing policy. We will not hit you with sudden and inexplicable
extra costs.
We accept payment by:
· cheque (drawn on a UK
bank);
· international money
order in sterling;
· cash (sterling);
· uk postal order.
Payment
Prior to work commencing
DotSimple reserves to right to charge a thirty-three percent deposit for
those orders that incur costs to DotSimple. Subject to any special terms
agreed in writing between DotSimple and the Purchaser, DotSimple shall be
entitled to invoice the Purchaser for the price of the Goods and/or Services
on or at any time after the Goods and/or Services have been made available.
Dotsimple reserves the right to make and invoice for each delivery of Goods
and/or Services to the Purchaser.
Where the services of
another company are purchased by DotSimple on behalf of the Puchaser, for
example, the registration of a domain name and/or the provision of web
hosting, DotSimple will invoice the Purchaser for these items as soon as
these services become available.
Dishonoured Cheques
An administration charge
of £20 will be levied on dishonoured cheques.
Force
Majeure
Dotsimple shall be
relieved of its liabilities incurred under any contract wherever the
fulfillment of such obligations is prevented, frustrated or impeded as a
consequence (though not exclusively) of act of God, war, invasion, act of
foreign enemy hostilities (whether or not exclusively), civil war,
rebellion, revolution, insurrection or military or usurped power, act of
terrorisim or any such event or by any statute rules, regulations, orders or
requisitions issued by any governments, council or duly constituted
authority or from strikes, lock outs, breakdown of equipment or any other
causes (whether or not of a like nature) beyond DotSimple’s control whether
in the United Kingdom or elsewhere.
Guarantee
DotSimple’s acceptance of
an order does not warrant in any way the suitability of the Goods and/or
Services produced by DotSimple for the use to which they may be put.
DotSimple will always advise Purchasers if it believes that the Goods and/or
Services as requested by the Purchaser are, in content or design or other
feature, not the best way of achieving the Purchaser’s aims. Such advice
will be put in writing with reasons.
While we believe that the
Purchaser may not always be right, we will always produce, to the best of
our endeavours, what the Purchaser requires.
Indemnity
The Purchaser shall
forthwith indemnify DotSimple on a full indemnity basis against all or any
liability, cost or expense of whatsoever nature incurred by DotSimple due to
an alleged or actual infringement of any patent, patent application,
copyright or intellectual property, right or otherwise arising out of Goods
manufactured or services provided by DotSimple to the Purchaser’s order and
in accordance with any samples, designs, specifications and/or instructions
given by the Purchaser to DotSimple.
The client is also aware
that as new browser versions from both Microsoft, Netscape and others are
developed, they may not be backward compatible. In the absence of a
Maintenance Agreement, time spent to redesign a site for compatibility due
to the introduction of a new browser version will be separately negotiated
and in addition to the original quote.
Sub-Contract
Dotsimple shall be
entitled to sub-contract all or any of its obligations hereunder.
Law of
Contract
The order will be deemed
to be an English contract governed by the laws of England and action or
actions shall be heard in an appropriate English court.