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General Terms and Conditions
Definitions: In this agreement the terms have the following meanings:
(a) Pragati Design or Pragati Media or Pragati is the trading name for KSLM
ltd. Which will from here forth known “The Company”
(b) “The Client” means any
person, company, partnership, organization or body at whose application,
Pragati Design agrees to provide the products and/or services under the terms
of the agreement.
(c) “The Agreement” means the
contract between “The Company” and the “The Client” to which these conditions will apply.
(d) “The Order Form” means
the digital or printed document completed by the client in order to enter the
Agreement.
(e) “Order” is the request by
the Client for products and/or services in the order form/agreement
(f) "Deliverables" are the outputs of services to be supplied under
the agreement and shall include but are not limited to, all software and
written material, including programs, tapes, listings and other programming
documentation.
Acceptance of Terms
The following Terms and Conditions (“the Conditions”) are the terms on which The Company provides services and
supersedes all other terms and conditions. The Company shall provide services
to The Client as described and specified
in the proposal provided by The Company to The Client.
These Conditions shall be governed by the laws of England
and Wales and the parties
hereby submit to the non-exclusive jurisdiction of the Courts of England and Wales.
The headings in these Conditions are inserted for convenience of reference
only and are not intended to be part of, or to affect the meaning, or
interpretation of any of the Conditions.
If any term or provision of these Conditions is held invalid illegal or
unenforceable for any reason by any Court of competent jurisdiction, such
provision shall be severed, and the remainder of the provisions shall
continue in full force and effect.
1) Scope
This
agreement shall apply to all goods and/or services ordered by The Client from
The Company
2)
Payment
The following payment terms are
applicable to all orders unless otherwise agreed in writing by the director
of the company:
a)
Orders of £600 or less
100% - payment in advance
b)
Orders over £600
50% of total project cost on
placement of the order
30% of total project cost on
completion of 50% of project
15% of total project cost on
completion of 75% of project
5% of total project cost on
completion of project.
c)
Whilst any payment due under the
agreement remains outstanding, The Company shall be entitled at its sole and
absolute discretion to withhold provision of any goods or services it would
otherwise be obliged to provide under the agreement.
d)
All payments by cheque, bankers draft
or money order must be made in pounds sterling.
e)
All credit card and debit card
transactions will be processed in pounds sterling.
f) All
deposits are non refundable.
g) The
remaining payment must be paid on time, in accordance with the invoice date.
Failure to pay on time may result in interest being added to the amount owed,
at 15% per annum above the Bank of England Base rate which will be calculated
on a daily basis. If a job extends for longer than the estimated times or develops
in a way which increases costs or times-scales, then staggered payments may
be implemented until completion.
h) Prices
quoted on the The Company website are subject to change and should be agreed
at the time of contract. Following publication and payment, websites provided
on a "design only" basis are property and responsibility of the
client, unless otherwise specified.
Websites provided on a 'design only' basis are the property and
responsibility of The Client following publication and payment, unless
otherwise specified.
i)
If an organization ceases to trade after work has commenced, any
outstanding balance must still be paid.
Any errors or omissions on the Client's part are not The Company’s responsibility and therefore The Company cannot be held in any
way accountable.
3) Discount
All
discounts applied are settlement discounts and are subject to annulment for
late payments
4) Liability
The
Company hereby excludes itself, its Employees and or Agents from: - all and any
liability for loss or damage caused by any inaccuracy; omission; delay or
error, whether the result of negligence or other cause in the production of
the web site; All and any liability for loss or damage to clients
artwork/photos, supplied for the site. Immaterial whether the loss or damage
results from negligence or otherwise.
5) General
Disclaimer
The Company disclaims all warranties, either express or implied, including
the warranties or merchantability and fitness for a particular purpose. In no
event shall The Company be liable for any damages whatsoever including
direct, indirect, incidental, consequential, loss of business profits or special damages, even if The Company or third
party agents have been advised of the possibility of such damages.
6) Web
Services
a) You
shall keep secure any identification, password and other confidential
information relating to your account. You shall notify The Company
immediately of any known or suspected
unauthorized use of your account or breach of security, including loss, theft
or unauthorized disclosure of your password or other security information.
b) On
reasonable notice to the Client, The Company shall take any and all steps it
determines to be necessary to maintain the Services, which may include
(without limitation) altering or suspending Services during maintenance. The
Company will try to ensure that such maintenance, alterations and suspensions
to the Services occur outside of normal business hours.
c) In
the case of an individual User, you warrant that you are at least 18 years of
age and if the User is a company, you warrant that the Services will not be
used by anyone under the age of 18 years.
d) Provided
that the Clients perform their obligations under these Conditions, The
Company represents and warrants that the Services will be provided with
reasonable skill and due care. The Company does not warrant that the
operation of the Services will be uninterrupted, error-free or secure. The
Company’s sole liability for any breach of this
warranty shall be to re-perform the affected Services. In the event that The
Company determines that re-performance is not commercially feasible, The
Company may terminate this Agreement and will receive payment for the work to
date on a pro-rata basis. What is or is not commercially feasible shall be in
the sole discretion of The Company.
1) Hosting
a) The
Client represents and warrants that the following content will not be stored
on or linked to The Company’s servers:
i)
Illegal Material – This includes copyrighted works, commercial audio, video, or
music files, and any third party material or intellectual property in
violation of any governmental regulation and / or without the proper
authorizations.
ii) Adult
Material – Includes all
pornography, erotic images, or otherwise lewd or obscene content. The
designation of “adult material” is left entirely to the discretion of The Company.
iii) Copyrighted
software that is distributed illegally – including
pirated software, emulators, hacking, and password cracking. This also
includes any sites which provide “links to” or “how to”
information about such material.
iv) Spamming
- i.e. the unsolicited sending of electronic mail messages is also prohibited
and The Client warrants and represents that there will be no practice of
spamming in connection with the Services.
The Client shall procure that all mail is sent in accordance with applicable
legislation (including data protection legislation) and in a secure manner.
While we will use every reasonable endeavour to ensure the integrity and
security of the Server, we do not guarantee that the Server will be free from
unauthorized users or hackers and we shall be under no liability for
non-receipt or mis-routing of email or for any other failure of email.
e) The
Company will not be held responsible for any inaccuracies or errors, delays
or unobtainability arising from the site or the host for any reason
whatsoever. Any problems with the site must be reported as soon as possible
and will be rectified as soon as practical. No responsibility will be
accepted as to any losses or problems arising from the site for any reason
unless specifically agreed
beforehand.
7) Domain
Name Reservation
a) Domain
names are registered with the most suitable provider at the time. The Company
reserve the right to register and host with the most suitable company. The
Company assumed no responsibility whatsoever for any problems arising from
these choices and the site owner must abide by any such terms put forward by
the host.
b) All
domain names remain the property of The Company until the balance on the
Clients account has been cleared in full.
8) Website
Design
If after
beginning work on an agreed quotation the user-requirements change, then
these will be deemed new requirements and quoted for accordingly. Quotations
provided will specify future
development costs and ongoing costs, so that you can plan for future growth
of the website.
9) Completion
a) Projects
will be deemed complete when:
i.
completion of project to client requirements
or
ii. forecasted
completion date agreed between The Company and The Client has been reached
Which ever
is sooner.
b) The
site will be published subject to payment as agreed in the contract, whether
written or verbal.
c) Where
content has not been provided The Company will publish the site using “dummy content” until final content is
provided by the client. Alterations following publication will be charged
unless otherwise agreed by the company.
d) Where
the project is to be published at a location provided by the client, this
will be made available to the company at no later time than completion of 50%
of the project. Where the details of this location are not provided by the
client, the project will be published to a space provided by The Company and
will be billed to the client at The Company current rates.
e) All
original designs, artwork, original graphics and photography remain the sole
property of The Company, and may not be used or reproduced by any means
without prior consent. All offers are subject to contract.
f) The
Company reserves the right to add a link back to the The Clients website.
g) The
Company reserves the right to alter these terms without notice, and whilst
every effort is made to be accurate and up-to-date, errors and omissions are
excluded.
10) Termination
Provisions
The Company reserves the right to suspend or terminate all or part of the
Services with immediate effect, where there has been a breach by The Client
of these terms and conditions or failure to pay Charges outstanding. Either
Party may terminate the Services with or without cause on giving 30 days
written notice to the other. Termination of this agreement will be without
prejudice to any accrued rights of either party.
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