Your access to and use of our services is subject exclusively to these Terms and Conditions, to the exclusion of all other terms that you or we may purport to apply in connection to the services, unless otherwise agreed in writing. You acknowledge that you have not relied on any statement, promise or representation made or given by us or on our behalf which is not set out in these Terms and Conditions.
2 Your obligations
2.1 You represent, warrant and undertake that:
(a) your use of the services will not infringe any third party’s intellectual property rights or other rights;
(b) you will not use the services in any manner which infringe any law or regulation or which infringes the rights of any third party or which brings us into disrepute; and
(c) you will provide us with any information that we reasonably require to provide the services.
3 Credit card details
If we charge for any service via our website a third party payment gateway will be used.
The provision of our services do not constitute advice and should not be relied upon in making or refraining from making, any decision.
Our invoices are due for payment 30 days from their date. We 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.
6 Change of Terms and Conditions
We reserve the right to change these Terms and Conditions at any time, and your continued use of our services following any changes shall be deemed to be your acceptance of such change.
7 Links to third party websites
Our website or the website created for you may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
8.1 All copyright, trade marks and all other intellectual property rights in the website to be provided to you and its content (including without limitation the website design, text, graphics and all software and source codes connected with the website to be provided to you) are licensed to us for as long as we reasonably require to provide the services.
8.2 All intellectual property rights in the work produced by us shall remain vested in us.
9 Disclaimers and limitation of liability
9.1 We will perform the services with reasonable care and skill and use reasonable endeavours to adhere to any dates agreed in relation to the provision of services. However, any such date is to be treated as an estimate only and we accept no liability for a failure to meet any such date.
9.2 Except in respect of claims for death or personal injury resulting from negligence or as otherwise prohibited by law, our liability for loss or damage in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of our services under these Terms and Conditions shall not exceed the price of the services paid by you.
9.3 To the extent permitted by law, we will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the website provided to you. 9.4 We make no warranty that the functionality of the website provided to you will be uninterrupted or error free, that defects will be corrected or that the website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
10 Confidential information
10.1 Each party will not use the other’s confidential information other than for the purposes provided in our agreement and will keep in confidence the other party’s confidential information made available to it; provided, however, that such restriction on disclosure shall not apply to any information that:
(a) is in the public domain through no fault of the party receiving the disclosure;
(b) was known to the receiving party prior to the disclosure by the disclosing party;
(c) is or was disclosed to the receiving party by a third party that was not under similar confidentiality provisions; or
(d) is required to be disclosed by applicable law order of any governmental authority of competent jurisdiction. 10.2 Each party shall be responsible for its own employees with respect to ensuring that no confidential information will be disclosed.
You agree to indemnify and hold us and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against us arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of the services provided to you.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
13 Third party rights
Except as otherwise expressly stated herein, nothing in these Terms and Conditions confers any rights on any person (other than the parties hereto) pursuant to the Contracts (Rights of Third Parties) Act 1999.
14 Governing law
These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales and you hereby submit to the exclusive jurisdiction of the courts of England and Wales.