SiteGuru.co.uk :: for website design and custom scripts, in the UK and elsewhere! ::
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Standard Terms and Conditions
These form our standard terms and conditions of contract, but we reserve the right to modify these details as required at any time without notice. Individual contracts may be subject to additional or revised terms as required.
- "The Vendor" refers to SiteGuru.co.uk, its employees and any agent or body lawfully representing SiteGuru.co.uk.
- "The Client" refers to any person, partnership, company, organisation or body that contracts the services of the Vendor.
- "The Contract" refers to the schedule of work agreed between the Client and the Vendor to which these conditions shall apply.
- "Deliverables" are the outputs of services to be supplied under the Contract and shall include but are not limited to, all software and written material, including programs, tapes, listings and other programming documentation.
- "Completion" is 5 working days from the Deliverables being uploaded to a temporary site location for approval by the Client, without the Client notifying the Vendor that the Deliverables are unsatisfactory.
- Payment: An initial payment of £25.00 (€38.75) or 25% of the quoted Contract price (whichever is the greater) is due upfront when the Contract is agreed. The balance is due on Completion. Whilst any payment due under the Contract remains outstanding, the Vendor shall be entitled at its sole and absolute discretion to withhold provision of any goods or services it would otherwise be obliged to provide under the Contract. Payment can be made in GBP (Sterling) via Nochex, PayPal, by personal or cashiers cheque or by bankers draft, or in Euros or US dollars via PayPal, bankers draft or cashiers cheque.
- Late Payment: In accordance with the LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998, any invoice which has not been paid within 30 days of its submission may be subject to a late payment Statutory interest charge as defined in the Act. This is presently an Annual Percentage Rate (APR) of the Bank of England base rate plus 8%, whereby the late payment charge is calculated on a daily basis commencing the first day after the 30 day credit period.
- Communication: The Vendor's preferred method of communication is email. The Vendor's invoices take the form of protected Microsoft® ExcelTM spreadsheets which shall be supplied via email to the Client in a timely manner.
- Liability: The Client shall indemnify and save harmless the Vendor from all and any litigation arising from the Contract. Furthermore, the Vendor hereby excludes itself from:
- all and any liability for loss or damage caused by any inaccuracy, omission, delay or error, whether the result of negligence or other cause in the production of the web site;
- all and any liability for loss or damage to clients artwork/photos, supplied for the site, immaterial whether the loss or damage results from negligence or otherwise.
- Copyright: Any web page, design or entire site designed by the Vendor carries a copyright, and cannot be reproduced without written consent. The striking of a Contract between the Client, or other person/Agency on behalf of the Client, and the Vendor constitutes a guarantee that all necessary authority and permissions have been obtained in respect of the artwork, design and photographs, for use within the Contract. The Client must indemnify the Vendor in respect of all actions, proceedings, costs demands and claims arising from any such breach.
- Delivery: On completion of work, the Deliverables shall be uploaded to an agreed temporary location (usually a sub-domain of the Vendor's server) for approval. Upon written approval by the Client, the Deliverables shall be uploaded to the Client's server. Where the clients site is being hosted by a third party, the Vendor reserves the right to delay uploading of the Deliverables until full payment has be received.
- Compatibility: It is intended that all HTML coding and the output of server scripting shall be compatible with XHTML1.0 Transitional standards, as defined by W3C Standards Organisation. As such the output shall be guaranteed to display correctly in Microsoft® Internet ExplorerTM version 5.5 and above and Netscape® NavigatorTM version 6.2 and above. Compatibility with other versions or browsers is not guaranteed unless requested at the time of striking the Contract, in which case an additional charge may be made.
- Portfolio: The Vendor reserves the right to create a thumbnail image of the Client's website and use it to support a brief description of the Deliverables in the Vendor's Portfolio page. This image may also be used as a hyperlink to the Client's website, at the Vendor's discretion.
- Severability: In the event any one or more of the provisions of these conditions and/or the Contract shall be held to be invalid, illegal or unenforceable, the remaining provisions of these conditions and/or the Contract shall be unimpaired and these conditions and/or the Contract shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.
- Law: These conditions and all other express terms of contract shall be governed and construed in accordance with the laws of Scotland.
- Privacy We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998).
- We may collect information about you for 2 reasons: firstly, to process your order and second, to provide you with the best possible service.
- We will not e-mail you in the future unless you have given us your consent.
- We will give you the chance to refuse any marketing email from us or from another associated trader in the future.
- The type of information we may collect about you includes:
- your name
- phone number
- email address
- credit/debit card details (applies to PayPal payments only)
- We will never collect sensitive information about you without your explicit consent.
- The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly.
- The personal information which we hold will be held securely in accordance with our internal security policy and the law and the Which? Web Trader Code.
- If we intend to transfer your information outside the EEA (European Economic Area) we will always obtain your consent first.
- We may use technology to track the patterns of behaviour of visitors to our site. This can include using a "cookie" which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings.
- If you have any questions/comments about privacy, you should email us.