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Terms
and Conditions.
Orders are accepted on
condition that the wording complies with current legislation and confirms to the
provisions of the British code of Advertising Practice.
Definitions: In this agreement the terms have the following meanings:
’The
Agreement’
means the contract between Kobwebs.com and the Client to
which these conditions will apply.
’The
Client’
means
any person, company, partnership, organisation or body at whose application,
Kobwebs.com agrees to provide the products and/or services under the terms
of the agreement.
’Order’
is the request by the Client for products and/or services in the order
form/agreement.
’The
Order Form’
mean the digital or printed document completed by the client
in order to enter the Agreement.
’Completion
of site’
means 5 days from the site being uploaded to a temporary site
on the server of Kobwebs.com, for approval by the client, without
notification from the client that the site is unsatisfactory.
’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.
This agreement shall apply
to all goods and/or services ordered by the client from Kobwebs.com
Payment:
An upfront payment of 50% of the total fee is due with order,
unless otherwise agreed, in which case payment is due upon completion of the site.
While any payment due under the agreement remains outstanding, Kobwebs.com
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. All payments by cheque, bankers draft or money order must be made in
pounds sterling. All credit card and debit card transactions will be processed
in pounds sterling.
Liability: Kobwebs.com 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.
Copyright:
Any web page; design or entire site designed by
Kobwebs.com carries a copyright, and cannot be reproduced without written
consent. The placing of an order by the client or other person/Agency on behalf
of the client constitutes a guarantee that all necessary authority and
permissions have been obtained in respect of the artwork, design and
photographs, for use in the advertisement. The Advertiser/customer must
indemnify Kobwebs.com in respect of all actions; proceedings; costs demands
and claims arising from any such breach.
Precautions: Advertisements must comply with the Business Advertisements
(Disclosure) Order 1997 and the Trade Descriptions Act 1968.
Delivery: on completion of work, the deliverables will be uploaded to the
client area of Kobwebs.com Sever for approval under the terms of the
guarantee. Upon written approval by the client, the deliverables will be
uploaded to the clients server. Where the clients site is being hosted by a
third party, Kobwebs.com reserve the right to delay uploading of
deliverables until full payment has be received.
Guarantee:
In the event that the client is not satisfied with the design
of their site they are entitled to a full refund of the design fees. Additional
charges including but not limited to: stock photography; electronic commerce
software; online transaction processing solutions; domain name registration; web
space; Internet connection provided by third parties are non refundable.
Refunds: cancellations must be made within 5 days of the client viewing
the completed web site otherwise no refund can be made. Cancellations made
within 5 days, may be subject to a charge, if expenses have been incurred in
respect of additional expenses from third parties including but not limited to:
stock photography; electronic commerce software; online transaction processing
solutions; domain name registration; web space; Internet connection. Where
possible third party products will not be purchased until the design has been
approved. All such cancellations must be in writing within 3 days of the client
viewing the completed web site, otherwise refunds will not be entertained.
Acceptance of Conditions: The placing of an order will confirm acceptance
of the aforementioned conditions. Conditions stipulated on our Order Form shall
be regarded as void, if they are in conflict with our conditions.
Law: These conditions and all other express terms of contract shall be
governed and construed in accordance with the laws of England.
Severability: In the event any one or more of the provisions of this
Agreement and/or Order Form shall be held to be invalid, illegal or
unenforceable, the remaining provisions of this Agreement and/or Order Form
shall be unimpaired and the Agreement and/or Order Form shall not be void for
this reason alone. Such invalid, illegal or unenforceable provision shall be
replaced by a mutually acceptable valid, legal and enforceable provision which
comes closest to the intention of the parties underlying the invalid, illegal or
unenforceable provision.
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