1.1 “Client” means the individual or organisation who orders Goods and/or Services from the Company.
1.2 “Company” means Abbey Internet Ltd of Bury Lane, , Chorley, Lancs, PR68RX
1.3 “Goods” means all equipment and accessories including but not limited to Computer Discs, memory sticks and the like and content including but not limited to programming data and code (software), supplied to the Client by the Company.
1.4 “Services” means web site design, domain name reservation, web site hosting, web site maintenance, search engine optimisation and any other service provided by the Company.
1.5 “Terms and Conditions” means these terms and conditions of sale the exclusion of any others.
1.6 “Contract” means the arrangement for Goods and/or Services to be provided by the Company to the Client.
1.6 “Contract Sum” shall mean the sum agreed to be paid to the Company for the Goods and/or Services, adjusted by any Variations.
1.7 “Variation” means any additional Goods and/or Services provided by the Company and/or any reduction in the Goods and/or Services provided by the Company.
1.8 “Final Sum” shall mean the Contract sum less any previous payments made.
1.9 Words expressed in the singular shall have the same meaning when expressed in the plural and vice versa.
2.1 Nothing in these Terms and Conditions shall affect the Clients statutory rights as a consumer.
2.2 No amendment to these Terms and Conditions shall be deemed valid unless confirmed in writing by both parties.
2.3 Any errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other documentation or information used by the Company can be corrected in consultation with the Client provided that the correction does not materially affect the contract.
2.4 All Contracts entered into by the Company are governed by these Terms and Conditions unless stated otherwise in writing.
2.5 The preferred method of communication under this contract shall be by email, telephone or in writing by post. Each party shall advise the other of appropriate addresses on commencement.
3.1 Web Site Design
3.1.1 The Client agrees to pay the Company the Contract Sum.
3.1.2 The Client shall pay a deposit equal to 30% of the Contract Sum with order. Work will not commence until a written order (email) and payment has been received by the Company.
3.1.3 The Client agrees to pay the Final Sum upon completion or cancellation of the Contract.
3.1.4 The deposit paid to the Company covers the cost of initial design work and administration costs and is therefore non-refundable once work has begun. See also clause 6 Cancellation.
3.2 All Other Goods and Services
3.2.1 The Client will make payment upon request by the Company. This may be partial or full payment in advance of work being done.
3.3 Interest at the rate of 1% per month shall become due on any sums paid late.
3.4 For the avoidance of doubt, title and ownership of the Goods and/or Services shall not pass to the Client until payment has been received in full in accordance with these Terms and Conditions.
4.1 The Company will carry out the Goods and/or Services using appropriate best practices.
4.2 The Company will that any third party property (e.g. graphics, photographs) it supplies has appropriate copyright permissions for use by the Client.
4.3 The Company will register the Clients domain name with the appropriate authority for the minimum period permissible.
4.4 Where the Company is under contract to maintain the Clients website it will advise the Client of any fees becoming due including from the domain authority in good time for renewal. Note – the Company will not renew the domain until the fee has been received from the Client and accepts no responsibility for consequences arising from late payment.
4.5 The Company will from time to time provide a private web space for the Client to view, test and review his website.
4.6 The Company will rectify any errors made by it and notified in writing, prior to publishing the website and for 13 weeks thereafter, free of charge.
4.7 Upon receipt of the Final Sum the Company will transfer the domain ownership into the name of the Client and publish the web site on the internet. Alternatively, in the case of cancellation or where the Client wishes to use his own server, the Company will release all source material to any party named in writing by the Client.
5.1 The Client is to provide all text, pictures and photographs unless agreed otherwise. He shall be solely responsible for ensuring the authenticity, originality, truthfulness and legality of said material.
5.5 The Client is responsible for obtaining any necessary consents from the relevant authorities and shall be solely responsible for ensuring that the implementation of Goods and/or Services is in accordance with the provisions of any regulations and/or law.
5.6 The Client will respond to any matters raised by the Company within 24 hours.
5.7 The Client is responsible for testing and reviewing his website for errors.
6.1 Any completion date for the Contract provided by the Company is indicative only and time shall not be of the essence.
6.2.1 If the Client cancels the Contract prior to website design completion any refund of monies paid will be entirely at the discretion of the Company.
6.2.2 If the Client wishes to cancel the Contract after completion of the website design the Company shall calculate the costs incurred and advise the Client of the revised Final Sum.
6.4 If the Client fails to make a payment, provide website content, or respond to the Company's enquiries the Company may give notice of its intention to cancel the Contract. If, within 14 days of such notice, the Client fails to remedy his breach the Company may cancel the Contract and clauses 6.2.1 and 6.2.2 shall apply.
7.1 Changes to the scope of the Contract will be identified by the Company and advised to the Client, if possible prior to any extra work being done. Where both parties agree to the Variation it shall be included in the Contract and the Contract Sum adjusted. Where the change is not identified prior to being worked on the Variation shall be included at 80% of its work value.
7.2 The Company may refuse any Variations at its discretion and its decision shall be final.
8.1 If either party is in a clear breach of the Contract the offended party shall give notice to the other party requiring the breach to be remedied within 14 days. Failure to remedy the breach shall entitle the offended party to cancel at their discretion.
8.2 Except where there is a clear breach of contract, if a dispute arises that cannot be resolved between the parties, in the first instance it will be referred by the parties to the National Mediation Helpline (recommended by the Ministry of Justice). Charges for this service will be paid equally by both parties. If after mediation the dispute is unresolved either or both parties may proceed to take appropriate lawful action as they see fit.
9.1 ideas, programme and content files, excluding any contextual text , pictures or photographs provided by the Client (Client content), remain the intellectual property of the Company. The Company shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivatives works, and distribute any item (except Client content)from the Clients original web pages unless specifically agreed otherwise. Further, the company shall be free to use any ideas, concepts, know how or techniques acquired in the construction of the Clients web site 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. Images will have been purchased by the Company for the Client, unless the images have been supplied by the Client. Images purchased by the Company are licensed only for use on the Clients website
9.2 Domain names are granted under licence to the Client in accordance with the licensing authority's rules and regulations, and the Client shall satisfy himself as to what these are and be compliant.
10.1 No work by the Company is intended to confer a benefit on any third party for any purpose.
11.1 For Clients using our hosting service, our servers run 24 hours a day and any technical problems are dealt with as soon as possible.
If the Client becomes aware of any such problems he should report them to the Company immediately and the fault will be dealt with as soon as possible. The Company accepts no liability for the temporary breakdown of this service.
12.1 All websites are designed to optimise their position in search engine list positioning. However, the Company cannot guarantee a high or any position in any search list and accepts no liability for this.
12.2 The Company will provide free search engine optimisation engineering for a period of 4 weeks after the website has been published.
13.1 The Company gives no undertaking as to the value or added value the website may afford the Client, and accepts no liability for this.
13.2 The Company accepts no liability for any direct indirect or consequential loss suffered, howsoever arising, except as stated in clause 14.3.
13.3 Should the Company's fail to remedy a defect in the published website within a reasonable time and within the 13 week period following publishing the Client is at liberty by 14 days notice to refer the problem to an appropriate third party for remedy. In such circumstance the Company's maximum liability for extra cost incurred by the Client is limited to the deposit paid under clause 3.
14.1 This Contract is governed by the law of England.
15.1 These Terms of Sale have been made available on the Company's website and the placement of an order is deemed as acceptance of these terms (as may have been amended in writing by the parties) by the Client.