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A Quote shall not be binding on Cecil Web Designs and a Contract will only come into being upon acceptance by Cecil Web Designs of the Order by signing or counter signing the date of the order and returning it to a customer.
The Contract will be subject to these conditions. All terms and conditions appearing or referred to in the Order or otherwise stipulated by the Buyer shall have no effect, unless such Order is in the Standard Form. Any variation to the Contract must be confirmed in writing by Cecil Web Designs.
These conditions shall, to the extent applicable, apply to goods and products in the same way as they apply to Services.
The minimum length of any on-going website services purchased will be 12 months.
Where the Services are sold by reference to Cecil Web Designs published price list or tariff structure, the price payable for the Services shall be the ruling price as published in the price list or tariff structure current at the date of purchase.
In other cases, the price for the Services shall be that stated on the relevant Quotation.
Cecil Web Designs shall (if applicable) add to the price of the Services, and the Buyer shall pay, an amount equal to any tax or duty applicable from time to time to sales or supply of such Services.
Cecil Web Designs shall invoice the buyer for all services immediately on completion of the website according to that of Cecil Web Designs, at which time payment of services will occur in full.
The Buyer shall make all payments due to Cecil Web Designs by cheque/transfer or cash direct to the managing director, Chris Cecil, payable in pounds sterling.
If the Buyer fails to pay any amount due to Cecil Web Designs under this Agreement on the relevant due date, default interest at the rate specified by the Late Payment of Commercial Debts (Interest) Act 1998 shall be added to such amount for the period from the day after the due date until the date of receipt (whether before or after judgment) together with any reasonable and proper amounts incurred by Cecil Web Designs in seeking to recover such late payment from the Buyer (including, without limitation, legal fees).
The client unconditionally guarantees that any element of text, graphics or other artwork furnished to Cecil Web Designs for inclusion in the web design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Cecil Web Designs and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
All creation files remain the intellectual property of Cecil Web Designs on completion of a web design project.
Cecil Web Designs shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivatives works, and distribute any item from the clients web pages unless specifically agreed to do otherwise.
Further, Cecil Web Designs shall be free to use any ideas, concepts, know how or techniques acquired in the construction of web sites for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and any other items incorporating such information unless specifically agreed otherwise.
Whilst Cecil Web Designs will try to improve the position of your website in Search Engine results in response to a search request, we do not warrant that this effort is in any way guaranteed.
Cecil Web Designs cannot be held responsible for any changes to the position of you Web Site in the Search Engine results in response to a search.
Cecil Web Designs will accept no liability for any financial loss resulting from a domain not being renewed and/or any registered mailbox not being available.
Cecil Web Designs undertakes to use its reasonable endeavours to provide completed Services as fast as they can, should some services take longer than expected Cecil Web Designs are not obliged to complete any services in any restricted time frame.
The dates for carrying out the Services and delivery of any resultant Web Site are approximate only and, unless otherwise expressly stated, time is not of the essence for delivery or performance.
Cecil Web Designs will not be liable in any circumstances for the consequences of any delay in delivery or performance or failure to deliver or perform save where the same is as a result of the negligence of Cecil Web Designs.
No delay (unless material) shall entitle the Buyer to reject any delivery or performance or any other Order from the Buyer or to repudiate the Contract or the Order.
Cecil Web Designs may terminate the Contract immediately in the event that the Buyer is in breach of its obligations under the Contract and/or the Buyer suffers any event of insolvency or is or becomes unable to pay its debts as they fall due.
Cecil Web Designs may at its discretion suspend or terminate the supply of any goods and services if the buyer fails to make any payment when due or otherwise defaults in any of its obligations under the contract or any other agreement with Cecil Web Designs or becomes insolvent, has an administrative receiver appointed of its business or is compulsorily or voluntarily wound up or Cecil Web Designs bona fide believes that any of those events may occur and in any case of termination may forfeit any monies paid.
Cecil Web Designs may by written notice terminate the Agreement immediately and without liability for compensation or damages except as mentioned in this agreement if the Buyer fails to make payment as specified above.
Any contract cancelled during the first twelve (12) months will incur a penalty charge of £50.
Any notice or other communication to be given under these conditions must be in writing and may be delivered or sent by prepaid first class letter post or email transmission.
Any notice or document shall be deemed served: if delivered, at the time of delivery; if posted, 48 hours after posting; and if sent by email transmission, at the time of transmission.
The invalidity, illegality or un-enforceability of any provision of these conditions should not affect the other conditions.
The Contract shall be governed by and construed in all respects in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts.
Date modified - 06/11/2017