By placing an order with VerulamIT, you confirm that you are in agreement with and bound by the Terms and Conditions stated below. For the purposes of these Terms and Conditions the company or individual requesting the services of VerulamIT shall be known as ‘the Client’ and the website produced by VerulamIT for the Client will be known as ‘the Website’.
General Conditions
VerulamIT will only commence work once an order has been placed by either phone, email or in writing. An ‘order’ is deemed to be a verbal or written contract between VerulamIT and the Client including telephone and email agreement.
The Website
VerulamIT will make every effort to ensure that the Website and any scripts or programs are error-free, but VerulamIT cannot accept liability for any losses incurred due to failure or malfunction of the Website or any part of it.
Any code written by VerulamIT remains the copyright of VerulamIT (unless prior agreement is made and may only be reproduced or reused commercially with the permission of VerulamIT.
VerulamIT accept no responsibility for copyright infringements caused by materials used and submitted to us by the Client. VerulamIT reserve the right to refuse any material that it believes to contravene copyright laws unless proof is given that permission has been granted to use the material. It is the responsibility of the client to provide all agreed materials as agreed verbally or in writing. Any significant delays caused due to the failure of the client to provide agreed materials may be chargeable. It is not the responsibility of VerulamIT to create copy, images or other materials for the client unless explicitly agreed in the quotation or subsequent communication.
VerulamIT will not be liable for costs incurred; compensation or loss of earnings due to the failure to meet agreed deadlines, but every effort will be made to ensure all agreed deadlines are met and every effort will be made to inform the Client if a deadline will be missed.
VerulamIT will not be liable or become involved in any disputes between the Website owner and any other party and cannot be held responsible for any unlawful behaviour or other wrongdoing by the Website owner.
VerulamIT will endeavour to maintain the Website in a fully operational condition without errors. VerulamIT cannot always guarantee that this will be the case and as such cannot accept liability for any defects which may exist, economic losses (including revenues and profits), loss of goodwill, reputation or any other consequential or indirect losses the client may suffer due to the use of the website or their inability to access the website.
All websites designed by VerulamIT will show a link to the VerulamIT website in the footer of each webpage, unless otherwise agreed. Removal of the link is only allowed with the express permission of VerulamIT.
Browser Compatibility
Whilst every measure will be made to ensure compatibility with a wide range of web browsing software we can offer no guarantees of correct function with all browser software and cannot accept responsibility for loss of goodwill, reputation or any other consequential or indirect losses the client may suffer due to a third parties inability to access the Website due to browser incompatibility.
Website Hosting
VerulamIT cannot be held responsible for difficulties experienced when accessing the Website or individual parts of the Website due to circumstances beyond our control. These may include (but are not limited to): problems with the clients internet service provider or other third party, failure (partial or whole) of server hardware or software, disruption or failure of any service that prevents VerulamIT functioning in a normal manner, natural disaster, weather, war, invasion, riot and other civil disorder, rebellion and revolution.
VerulamIT reserve the right to refuse to handle in any way, material which may be deemed obscene or pornographic, contains abusive or offensive language, anything that may be construed as threatening or defamatory or any material to which the Client has no rights.
Domain Transfers
VerulamIT cannot be held responsible for the loss of email data or website functionality during transfer of domain name (however long it takes) and as such cannot accept liability for any economic losses (including revenues and profits), loss of goodwill, reputation or any other consequential or indirect losses the client may suffer due to the loss of website functionality, loss of email data or their inability to access the email data.
In the event that a client requires the ownership of their domain name to be changed, this will generally require a fee to cover administration and must be paid before the transfer is initiated.
Payment terms
VerulamIT reserve the right to require a deposit of between 30% and 50% of the agreed total costs before any work will be carried out. Once designed, a draft version of the Website will be made live for testing and commenting by the Client. Once this basic design has been agreed to be suitable via email or in writing, any changes to the layout or general design may be chargeable.
When work on the Website has been completed the final balance of payment is then due in accordance with our terms of payment. Upon completion, if the Client decides they no longer want the Website, they are still obliged to pay for all work that has been done. i.e. if the site has been completed, all monies are now due for payment with no exception. If the Client instructs VerulamIT to cease work on the Website after acceptance of the basic website design then all completed work on the website will be chargeable and subject to our standard payment conditions.
All accounts are payable nett 30 days (unless other prior arrangement has been made) meaning that all monies due to VerulamIT must be paid within 30 days of completion of work and date of issue of the final invoice. Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
All website code and graphics will remain the property of VerulamIT until all accounts are paid in full.
Outstanding Accounts
We reserve the right to claim statutory interest at 8% above the Bank of England reference rate in force on the date the debt becomes overdue and at any subsequent rate where the reference rate changes and the debt remains unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002. VerulamIT reserve the right to charge for costs and expenses incurred in recovering late payments and to charge interest at the rate then in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date. A copy of “The Act” is available from www.opsi.gov.uk/acts/acts1998/19980020.htm For outstanding accounts VerulamIT reserve the right to disable the Client’s website or system until such time as we receive all outstanding monies. Following consistent non payment of an invoice our Solicitors will contact the Client in question, with a view to taking the matter further and if the need arises to seek payment through legal proceedings, and if necessary court summons.
