Read 'The Company' as Betton Design Limited
These are the standard Terms and Conditions of Betton Design Limited which will apply to every contract when you as the Client engage Betton Design Limited to perform its services. When providing our services, we may also need to supply products.
Betton Design Limited reserves the right to amend these Terms and Conditions from time to time at their discretion.
Any changes made in such revision take immediate effect once the Client is notified of such a change.
- Betton Design Limited warrants that the Company has all the necessary skills, knowledge, experience and expertise to perform the services and will perform the service in a proper and competent manner.
- If an event occurs that is beyond the reasonable control of Betton Design Limited which prevents The Company from performing the service on or by the date agreed, Betton Design Limited will immediately notify the Client and give an estimate of the time for completion of the service.
- If the Client requires a variation to the service, Betton Design Limited will provide a quotation for performing the service as varied which additional sum will be added to the price if accepted by the Client. If the Client does not accept the quotation, Betton Design Limited is not obliged to carry out the variation.
- ACCEPTANCE OF THESE TERMS
- Any act by the Client or those legally acting on behalf of the Client which requests Betton Design Limited to begin performing any services or providing any out sourced service will be deemed as acceptance to these Terms and Conditions.
- Once these Terms and Conditions are accepted they are irrevocable and cannot be amended without the written consent of Betton Design Limited.
- In the event there is more than one party as a Client to these Terms and Conditions, all Clients will be jointly liable for these Terms and Conditions.
- Should the Client cancel the engagement of Betton Design Limited after it has been accepted, the Client agrees they may be held liable for any costs incurred by Betton Design Limited in relation to the provision of the services and/or provision of products up to the point of cancellation.
- QUOTES, INVOICES AND PAYMENT
- A quote provided by Betton Design Limited will remain valid for sixty days. On expiry of that period, if the Client wishes to proceed a new quote will need to be provided prior to Betton Design Limited undertaking the service.
- Betton Design Limited has a very transparent pricing structure which is a function of our hourly rate multiplied by the amount of time we spend on your project plus any bought in modules or expenses.
- The Client will pay Betton Design Limited’s fee within 30 days of completion of the services unless, in accordance with our Website Design Payment Schedule, staged payments will be made before the website build program will progress.
- Betton Design Limited will issue a tax invoice for the service setting out the service performed, including any variation. Occasionally production fees will be increased to reflect extra work that is beyond the scope of the brief. Any extra work will be charged for at our normal hourly rate. The tax invoice will also separately identify all expenses and any VAT payable. This tax invoice will include the final or interim price for the services performed and any goods provided, this price may vary from the quoted price at the discretion of Betton Design Limited.
- Payment of Betton Design Limited’s tax invoice should be made in the following manner: cheque, electronic transfer to Betton Design Limited’s bank account or cash. Our bank details are as follows: sort code 40 40 22 & account number 01624970.
- Where the Client fails to pay any tax invoice on or before the due date, the Client agrees that Betton Design Limited will add interest to the total outstanding amount at the rate of 3% interest per calendar month and that the Client will be liable to pay any accrued interest in addition to the outstanding amount.
- In the event the Client defaults in payment of an invoice, the client shall indemnify Betton Design Limited from any costs incurred by The Company in recovering the outstanding amount, including but not limited to solicitors fees.
- The Client is not entitled to deduct any invoiced amount from any amounts owing to the Client by Betton Design Limited.
- LIABILITY & INTELLECTUAL PROPERTY
- Betton Design Limited takes intellectual property rights and copyrights very seriously. As such, Betton Design Limited will not be held liable for any contraventions of these issues arising due to the clients provision of materials and content which form the basis of any service provided by the Company.
- Betton Design Limited will not be held liable for any damages due to loss of income, profits or contracts, directly or indirectly as a result of services or materials provided by the Company, whether caused by the Company’s negligence or otherwise.
- All services and work undertaken by the Company are subject to a signing off process. Once signed off as accurate and acceptable by the Client, all future amendments will be charged for at our normal hourly rate. In agreeing that a website can go live, the Client is acknowledging that the website is accurate and acceptable. After the launch of the website, all future amendments will be charged for at our normal hourly rate.
- Betton Design Limited will not be held responsible for any damages resulting from a delay in service provision or from any hosting downtime caused by technical difficulties with our hosting Company. Betton Design Limited will endeavour to provide an excellent service and as such will do everything within our capability to maintain an online presence for our clients.
- To the extent permitted by law, Betton Design Limited is not liable for negligence or otherwise to any person including the Client for any loss or damage including consequential loss suffered or incurred in relation to Betton Design Limited’s service or products supplied.
- The client shall indemnify Betton Design Limited against all damages and expenses caused to the Company’s hardware and software due to the provision of infected digital files.
- Betton Design Limited will add its own accreditation to any websites designed and built by the Company, in the form of a link back to bettondesign.co.uk, unless by a prior agreement with the client.
- All source code generated by Betton Design Ltd remains the property of Betton Design Ltd and is under license.
- It is agreed by the Parties that these Terms and Conditions will be construed in accordance with the Law of the laws of England and Wales and each party covenants that it submits to the jurisdiction of the Courts of the laws of England and Wales for the resolution of any dispute under the Agreement.
- FORCE MAJEURE
- Neither Betton Design Limited nor the Client shall be held liable for any breach of these terms where the breach arises from an act of God, war, natural disaster, terrorism or any other event beyond the reasonable control of either party.