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Below you will find the standard terms and conditions of sale for the work I carry out online and offline. In placing any order with Designlike you are judged to have read and understood these conditions - the address of this page is stated on your invoice, and can be accessed easily by way of designlike.co.uk/terms/. It is a condition of placing an order that you are bound by these terms.
Rory Baldwin trading as Designlike (hereafter referred to as "Designlike", "the Company" or "the Seller") will not be bound by any conditions imposed by the customer (hereafter referred to as the "the Client", "the Customer" or "the Buyer"), unless agreed in writing and signed by all parties.
Unless the context requires otherwise, the following words shall have the following meanings:
A1.1) No work valued over £2000 will be started without an Agreement
signed and dated by the Client. All other work will require written confirmation
by the Client (email, fax, letter) before commencing.
A1.2) All orders are binding and incapable of cancellation unless by written agreement from both parties.
A2. ADDITIONAL CHARGES.
A2.1) Designlike reserves the right to charge the Client for any additional work requested that is not included in the Agreement.
A2.2) Additional work will not begin and additional charges will not be made without the Client's notification and approval in writing.
A3.1) Payment for design services is due within 30 days of completion.
A3.2) Interest of 10% shall be charged on payments not received within 30 days.
A3.3) For jobs valued over £400 payment shall be made in installments agreed with the Client:
1) An initial payment is due before work begins;
2) the final sum (adjusted for changes in estimate if necessary) is due upon completion of work as described in the Agreement, before work 'goes live' or is supplied to Client.
A4. PRICING AND QUOTATIONS.
A4.1) Designlike will not be held to any price given over the phone unless it is also confirmed in writing.
A4.2) Designlike reserves the right to change its prices at any time without notice.
A4.3) Quotes are valid for 30 days.
A5.1) Quoted turnarounds are effective from the receipt of a signed Agreement or written confirmation.
A5.2) Quoted turnarounds do not take into account details supplied by the Client (text, images etcetera). Delay in supplying such details will affect turnaround times.
A5.3) Designlike shall not be liable for any delays that come as a result of the Client's failure to supply details in sufficient time.
A5.4) Where Designlike is producing a bespoke system or product for the Client a date will be given for production of beta version of the site only. This will mean the system or product will be complete ready to be user tested. In most occasions only slight adjustments are required to a beta version, but occasionally a small change as perceived by the user will result in large changes to coding and Designlike are unable to make guarantees as to the timescale required for finalising bespoke work after beta testing.
B1. DOMAIN NAME REGISTRATION.
B1.1) The obligations of Designlike in relation to domain name registration shall be limited to forwarding the application to the relevant naming authority, providing reasonable administration services in relation to the application and notifying the result of the application within a reasonable period after communication from the authority. Designlike will use reasonable endeavours to notify the Client of any renewal dates however Designlike accepts no liability for any use or retention of any domain name that is registered.
B1.2) Designlike makes no representations or warranties (expressed or implied) of any kind (and they are expressly disclaimed) with respect to availability or likelihood of successful registration of any domain name.
B1.3) The Client shall check the domain name as reported on any of the Company's documents sent to the Client, such as the invoice, e-mail notification or otherwise, is spelt correctly. In the event of any error, the Client should notify Designlike promptly and in any event within 24 hours of receiving such document.
B1.4) Whether or not Designlike or the Client are the registered owner of the domain name, if our services have not been paid for and transfer of this domain is requested we reserve the right to refuse to do so until full settlement is received.
B2. HOSTING & EMAIL SERVICES.
Where Designlike is providing hosting and/or email services for Client designed sites:
B2.1) The Client shall be responsible for all content included on its pages, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate UK law.
B2.2) Designlike reserves the right to remove material deemed inappropriate from the Client's web pages, without prior notice. Designlike does not allow adult, warez, or illegal MP3 sites on its servers.
B2.3) The running of IRC Bots and other server processes from the virtual server is strictly prohibited.
B2.4) Users must not participate in any form of unsolicited bulk e-mailing or spam.
B2.5) Data stored on Designlike's servers is not guaranteed to be backed up. It is recommended that the Client keep an independent backup of all data stored on its virtual server.
B2.6) Designlike will supply instructions for configuration of POP email addresses, assuming the Client use standard connection services (i.e. broadband or 56k modem dial-up) and software (i.e. Outlook Express). Designlike does not provide technical support for configuration of email services unless a pre-paid technical support package has been purchased. Please note some ISPs do not support POP email.
B2.7) Designlike cannot accept any responsibility for consequential or third party losses arising from any inability for the Client to configure its email.
B3. SEARCH ENGINES.
B3.1) Designlike will not submit a website to any search engines unless this service is ordered or included in a yearly maintenance package.
B3.2) Sites will be optimised for basic search engine listing upon construction.
B3.3) Designlike cannot make any guarantees on site acceptance and/or page positioning in any search engine once the site goes live.
C1. UNDER OR OVERSUPPLY.
C1.1) The amount of goods delivered shall be that ordered and stated in the Contract.
C1.2) Designlike reserves the right to supply either under or over the ordered amount by 20%.
C1.3) Undersupply shall be subject to a discount based on the proportion supply. Oversupply will not be charged for.
C1.4) When time is at a premium we reserve the right to oversupply to allow for cast-offs. We will usually strip out all bad print, however if we supply faster than our stated turnarounds we may have to leave in cast-offs. In the event of this happening responsibility lies with the Client to remove all cast-offs up to 20% of the order.
C2.1) Every effort is made to ensure sound material and good workmanship, but all warranties and conditions express or implied as to materials or workmanship, or the satisfactory quality or fitness of goods for any particular purpose, whether such purpose be known to Designlike or not, are excluded.
C2.2) In the event of any goods proving defective however, Designlike is prepared at its sole option either:- a) to replace such materials free of charge, at the place of delivery and in the condition originally specified. b) to refund to the Buyer the Contract price of such goods, if required to do so, within a reasonable time, but not later than 12 months from the date of delivery.
C2.3) Any liability is limited to either replacement or refund and does not extend to any other expenditure incurred or to any consequential damages.
C2.4) For either replacement or refund to apply the goods must:- (a) have been accepted and paid for by the Buyer and (b) be found upon examination by the Seller to be defective, owing to faulty materials or workmanship.
C2.5) Designlike accepts no responsibility for fair wear and tear, incorrect or defective storage, fitting, installation or use, unauthorised reconditioning or repair, accident, neglect, or cause beyond the Seller's control.
C2.6) Designlike will not grant either replacement or refund if any defects are caused by third party contractors or mistakes in typesetting or logo placement not pointed out in writing by the Buyer. In the event of any such instance, Designlike undertakes to pursue the matter to the best of its ability with the third party involved but time will not be of the essence in such matters. Full settlement in any case should consist of the supply of the original order.
C2.7) No refund or cancellation of order is permitted due to third party errors.
C3. PROOFS AND ERRORS.
C3.1) No responsibility or liability will be accepted by Designlike for:- (a) any errors after the proofs have been approved by the customer or (b) for any material for which the customer has given instructions that allow for artists' license (c) any errors in spelling or grammar made by the Company where proofs have been submitted to the customer.
C3.2) Proofs are deemed to have been approved at the point of receipt whether or not a signature has been received.
C3.3) Proofs are not colour calibrated and no responsibility will be accepted for deviations in colour from the proof supplied.
C3.4) Any complaints about services provided or work supplied deemed by the buyer to be the fault of Designlike should be submitted in writing within 7 days of delivery or receipt of invoice, whichever occurs sooner. After this date all goods and/or services will be deemed to be acceptable for use. Any usage of the goods supplied will be deemed as acceptance of the goods. Designlike shall only consider financial recompense upon return of the goods in full, or that part of the supply deemed unacceptable.
C4.1) Goods will be delivered by the most economical means by a carrier of our choice.
Should an earlier delivery service be require the extra charge will be added to the Customer’s order.
C4.2) If the Company undertakes to deliver the goods on or before a stated date, it shall use its best endeavours to comply therewith, but in the event of late delivery, the buyer shall not be entitled to vary or cancel the order nor shall Designlike be liable for any resultant damages consequential or otherwise occasioned by reason of a delay.
C4.3) Any damages caused in transit are the sole responsibility of the carrier and shall be governed by their terms and conditions. Responsibility for all insurance claims resulting shall lie with the Client.
C4.4) Designlike only uses couriers who insure goods for their value at point of sale. The signature of any employee or agent of the Buyer is proof of receipt. In the event that Designlike cannot or do not obtain a signature the risk in the goods will nonetheless be born by the Client.
C4.5) The Client will be liable for any additional carriage, storage charges, losses or damages arising if the Client refuses to take delivery of the goods ordered.
C4.6) The Company reserves the right to make partial deliveries. Goods in each delivery or part delivery shall be considered sold under separate contract, which may be invoiced separately.
C4.7) Neither any non-delivery, nor shortages in delivery nor any claim by the Buyer in respect of any delivery or part delivery shall entitle the Buyer to reject any other goods.
D1. INTELLECTUAL PROPERTY.
D1.1) All trademarks appearing on Designlike services are the property of their respective owners.
D1.2) All services remain copyright of Designlike unless otherwise stated in the Agreement or Contract.
D1.3) All source code remains copyright of Designlike unless otherwise stated in the Agreement or Contract.
D1.4) It shall be the Client's responsibility to ensure all material supplied to Designlike is not in breach of any copyright laws. Designlike reserves the right to refuse to undertake any work which infringes, or appears to infringe, the copyright of a third party.
D2.1) Designlike will never pass Client details on to any third parties unless permission has been granted by the Client.
D2.2) Designlike will maintain the confidentiality of Client's source materials, technical and marketing plans and all other sensitive information. A full contract covering these matters may be required and this may be prepared subject to a fee.
D3.1) Every care will be taken to ensure any Service Disruption is resolved as soon as possible but Designlike will not be held liable for any losses incurred by the Client due to a Service Disruption.
D3.2) Designlike shall not be liable for any indirect or consequential loss or for any loss to the customer arising from third party claims occasioned by a Service Disruption or from any error, failure or delay in completion, including cessation of web services and/or posting of a holding page informing visitors of non-payment and reasons therein, due to non-payment of bills. Time shall not be of the essence unless otherwise agreed in writing. Where services are defective for any reason, Designlike’s liability (if any) shall be limited to rectifying such defects in so far as Designlike is reasonably able to do so. Invoices must be settled in full before any consideration to disputes or refunds can be given.
E1. FORCE MAJEURE.
E1.1) Designlike will make every effort to carry out the customer's instruction and the resulting contract but shall be under no liability if unable to carry out any provision of the contract for any reason beyond Designlike's control (without limiting the foregoing) including inability to secure labour, materials or supplies, breakdown of machinery or malfunctions, or as a result of any Act of God, war, labour dispute, fire, flood, legislation, failure of power supply or any cause beyond Designlike's control.
E1.2) During the continuance of such contingency the customer may by notice in writing to Designlike elect to terminate the contract and pay for work done up to such notice and for materials used, but subject thereto shall otherwise accept delivery when available.
E2. THIRD PARTIES.
E2.1) Designlike may use Third Party suppliers for some of its Services. It will not be held liable for any losses incurred as a result of Third Party faults. In addition, Designlike cannot accept any responsibility for any disruption, damage and/or loss to Client's data or computer system that may occur while using any services provided by the company including websites, email, CDs, programs, or data. When submitting data I urge you to take a backup first or wherever possible to submit a copy.
E2.2) Designlike may, at the Client's request, supply software, information by email, or other digital media. While every effort is made to thoroughly scan and test such products at all stages of production, as with all new software or media Designlike recommend the Client runs a virus checker before use. Designlike also recommends that the Client has an up-to-date backup of its hard drives before using any media provided by Designlike or any other company. The Client should contact its network administrator before installing any software on a networked PC and be aware that Windows XP does not provide support for many commonplace applications, software and hardware.
E3.1) Designlike reserves the right to amend and update these Conditions at any time without notice.