Revised 28/11/2000 (Click here for previous versions)
These Conditions ceased to be valid on 21/6/2005 - Click here for current version.
Orders for design and/or publication of pages on the Internet are accepted subject to the following conditions:
| 1. | Definitions | |
|---|---|---|
| In these conditions: | ||
| “the Designer” shall mean Kenneth John Petrie of 21 Nottingham Street Bedminster BRISTOL BS3 4SS. | ||
| “the Client” shall mean the person who places an order with the Designer for the design and/or display of pages on the Internet. | ||
| “Publication” shall mean the display of pages on the Internet and all other work undertaken by the Designer to display the pages whether provided by the Designer or not. | ||
| 2. | Designer’s Control over Pages | |
| 2.1 | All material supplied by the Client must be acceptable to the Designer at the Designer’s sole discretion. | |
| 2.2 | The Designer may at any time (whether or not an order has been accepted) reject and decline to use any material for any reason it thinks fit or alter material to comply with its requirements. | |
| 2.3.1 | Where a website is provided by the designer on a goodwill or voluntary basis or retention of the copyright by the Designer has been specified all pages and page content not supplied by the Client and the copyright subsisting in them shall remain at all times the property of the Designer. | |
| 2.3.2 | In all other cases the work and the copyright subsisting in it shall remain the property of the Designer until all invoices have been paid in full. | |
| 2.4 | The Designer reserves the right to set aside an area of any page to display information relating to the page including the Designer’s logo and links to enable the public to contact the Designer. | |
| 3. | Payment and Renewal | |
| 3.1 | Payment must be made at the rate in force at the commencement of the work or period of Publication to which the payment relates. The Designer reserves the right to require payment in advance as a deposit or to cover the cost of services provided by a third party. | |
| 3.2 | Subject to acceptance by the Designer and any revised conditions the Client may renew an order for Publication for a further period by making a further payment at the rate then in force before the expiry of the current period of Publication. | |
| 4.2 | Any poster or other material supplied to the Client for display in consideration of services provided by the Designer or a discount on the Designer’s standard terms shall be displayed prominently in public view from the time it is received until the termination of the services or discount. | |
| 5. | Alterations | |
| 5.1 | Instructions to alter pages will be accepted at any time provided the Designer receives a signed notice in writing thereof from the Client. | |
| 5.2 | The Designer shall attempt to carry out alterations at the time agreed or within a reasonable time if no time has been agreed but the Designer shall not be liable for any failure or delay in carrying out alterations. | |
| 5.3 | The Designer shall be entitled to charge for making the alterations at the hourly rate in force at the time the alterations are carried out. | |
| 6. | Cancellations | |
| 6.1 | Cancellations of orders will be accepted provided the Designer receives a signed notice in writing thereof from the Client before work is complete. | |
| 6.2 | Any offer discount or concession made to the Client in respect of the size or scale of an order or its relationship to other orders shall cease to apply if any order is cancelled by the Client or altered so as to reduce the size or scale. | |
| 6.3 | The Designer shall be entitled to charge a fee in respect of any cancellation to cover the costs of administration and work already done. | |
| 6.4 | Subject to the above the Client shall be entitled to a refund of any payment made for a cancelled order. | |
| 7. | Advertising Standards and Copyright | |
| 7.1 | The Client shall ensure that all materials supplied to the Designer as content for inclusion on pages are legal decent honest and truthful and comply with the requirements of current legislation and with the British Code of Advertising Practice and all other codes under the general supervision of the Advertising Standards Authority and any other authority regulating standards on the Internet at the time of Publication. | |
| 7.2 | The placing of an order by a Client constitutes an assurance that all necessary authority and permission has been secured in respect of the display of any pictorial representation of (or purporting to be of) living persons and of references to the words attributed to living persons. The Client warrants that it owns the copyright of and any trade mark in or has permission to use all content not owned and supplied by the Designer including the text and any graphic file displayed from a web site and that it is the owner of or has permission to place a link from the owner of any website addressed by any link ordered. | |
| 7.3 | The Client grants the Designer permission to publish the materials on the Internet. | |
| 7.4 | The Client agrees to indemnify the Designer fully and unconditionally in respect of all costs damages or other charges falling upon the Designer as the result of legal action or threatened legal action arising from the Publication of any page published in accordance with the Client’s order or with any instructions supplied by the Client in pursuance of the order. In any case where a claim is made against the Designer or the Designer is sued and the Client may ultimately be liable under the terms hereof notice in writing shall be given to the Client and consultation shall take place before any expense is incurred or the claim is settled or the case is defended or otherwise disposed of. | |
| 8. | Care and Return of Materials | |
| 8.1 | The Designer shall take proper care of any typescripts and illustrative or other materials while in its possession but shall not be liable in any way for loss of or damage to any such material. | |
| 8.2 | The Client is advised as a safety precaution to retain good copies of all materials in the Client’s possession. | |
| 8.3 | All materials other than those in electronic form shall be returned to the Client by the Designer when no longer required for design or other purposes relating to the design of the pages. | |
| 9. | Designer’s Liability | |
| 9.1 | The Designer does not guarantee completion or Publication of the pages on a specified date. Its liability for loss or damage caused by the delay in the completion or Publication of pages or the accidental failure to complete or publish them shall be limited to the cost of the pages in connection with which liability arose. | |
| 9.2 | The Designer shall take reasonable steps to ensure pages are visible to search engines and other indexing and finding aids on the Internet but makes no guarantee and is in no circumstances liable for the results of searches using such aids. | |
| 9.3 | Errors in pages: | |
| 9.3.1 | In the event of any error or omission in the display of a page (not being an alteration made under condition 5) the Designer will correct the page or where that is not possible make a reasonable refund or adjustment to the price, but no refund or adjustment shall be made where the error or omission does not materially detract from the pages. | |
| 9.3.2 | In no circumstances shall the total liability of the Designer for any error or omission exceed the amount of the full price paid to the Designer for the pages in connection with which the liability arose. | |
| 9.3.3 | The Designer shall not be liable for any error in any page which has been previously agreed by the Client as correct. | |
| 9.3.4 | The Client must notify the Designer of any error or omission as soon as possible after it appears. The Designer’s obligations and liabilities under this condition shall be limited to the seven days after the error or omission first appears. Where there is a delay between the Client becoming aware of an error or omission and informing the Designer the Designer shall not be liable in any circumstances during the delay. | |
| 9.4 | Publication and System failures: The Designer shall not be liable for any loss or damage caused by failure (however caused) of Publication or of the Internet or any part thereof or of any system or equipment which prevents or impairs access to pages or any other circumstances beyond the Designer’s control. | |
| 10. | Designer’s Right to Cancel or Suspend Order | |
| 10.1 | The Designer reserves the right for any reason it thinks fit (including the Client’s failure to pay any sum due to the Designer) to cancel or suspend the order at any time by giving reasonable notice but no additional penalty shall be imposed on the Client in respect of any offer discount or concession made to the Client in respect of the size or scale of an order or its relationship to other orders. | |
| 10.2 | The Designer may for the purpose of monitoring or enforcing payment install on the Internet and incorporate into pages any system designed to monitor the status of payments, give notice or warning to the Client or suspend the display of pages. | |
| 11. | Alteration and Acceptance of Conditions | |
| 11.1 | The Designer shall give the Client not less than thirty days’ notice of any intention to impose revised conditions on any renewal of the order under Condition 3.2 above. | |
| 11.2 | The placing of an order for the design of pages or the placing or renewal of an order for Publication shall amount to an acceptance of the above conditions and any conditions stipulated by a Client’s order form or elsewhere by the Client shall be void inasmuch as they are in conflict with them. | |
| 12. | Proper Law of Contract | |
| An order accepted under these conditions shall form a contract subject to the laws of England and Wales. | ||
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