terms and conditions

 

1. General

In the terms and conditions "the Supplier" means Wheredidthetigergo; "the Client" means the person, firm or Supplier to be supplied with the Product by the Supplier; "the Product" means the web services (including all code written or provided) or other items or services supplied by the Supplier.

 

2. Basis of Sale

(a) The Supplier shall sell and the Client shall purchase the Product in accordance with any quotation of the Supplier which is accepted by the Client or any order of the Client which is accepted by the Supplier subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted or any such order is made or purported to be made by the Client.

(b) No variation to these conditions shall be binding unless agreed in writing between the authorised representatives of the Supplier and the Client.

 

3. Orders and Specifications

(a) The Client shall be responsible to the Supplier for ensuring the accuracy of the terms of any order.

(b) The quantity, quality and description of the Product shall be those given in the Supplier's quotation (if accepted by the Client) or the Client's order (if accepted by the Supplier).

(c) The Supplier reserves the right to make any changes in the specification of the Product which are required to conform with any applicable safety or other statutory requirements or which do not materially affect the quality or the performance of the Product.

(d) No order which has been accepted by the Supplier may be cancelled by the Client except with the agreement in writing of the Supplier and on terms that the Client indemnify the Supplier in full against all loss (including loss of profit) costs, damages, charges and expenses incurred by the Supplier as a result of cancellation.

 

4. Price

The price of the Product provided by the Supplier shall be the Supplier's quoted price or where no price has been quoted (or a quoted price is no longer valid) the price listed in the Supplier's published price list current at the date of acceptance of this order. All prices quoted are valid for 30 days only or until earlier acceptance by the Client after which time they may be altered by the Supplier without giving notice to the Client.

 

5. Delivery

(a) All delivery dates and times quoted are estimates only and any delay in meeting delivery dates will not give rise to a right to cancel the order.

(b) In no event shall the Supplier be liable for lost profits, injury to goodwill or any other special or consequential damage for any delay or non-performance.

 

6. Payment

(a) Unless the Supplier shall have previously agreed in writing with the Client that the Product shall be supplied on credit, payment for the Product shall be made in full by the Client with the Client's order or with the Clients acceptance of the Supplier's quotation, unless other payment terms have been specified by the Supplier in writing.

(b) Where the Supplier has agreed to supply the Product on credit, the Supplier shall be entitled to invoice the Client for the price of the Product on or at any time after delivery of the Product and the Client shall pay the price of the Product within 15 days of the date of the Supplier's invoice notwithstanding that the property of the Product has not passed to the Client.

(c) The time of payment of the price shall be the essence of the contract. If the Client fails to make a payment on the due date, then without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to:

(i) cancel the Contract or suspend any further deliveries or suspend any further services to the Client
(ii) appropriate any payment made by the Client to such of the Product as the Supplier may think fit (notwithstanding any purported appropriation by the Client)
(iii) charge the Client interest (both before and after judgement) on the amount paid at the rate of 5% per annum above HSBC plc base rates from time to time until payment in full is made such interest being calculated on a daily basis.

 

7. Title and Risk

(a) Legal and beneficial ownership of the Product shall remain with the Supplier until it has received payment in full for the Product. Until that time the Client shall be in possession of the Product solely as bailee for the Supplier, and in a fiduciary capacity.

(b) In the event that payment is overdue in whole or in part or upon the commencement of any act or proceeding in which the Client's solvency is involved, the Supplier may without prejudice to any of its other rights recover or resell the Product and shall have the right of access to enter the Client's premises (including internet hosting) and to take possession of such Product.

 

8. Insolvency

In the event that the Client shall become insolvent or shall become unable to repay his debts as they become due, or in the event of the appointment, with or without the Supplier's consent, of an assignee for the benefit of creditors, or of a receiver, or in the event of any similar situation arising, the Supplier shall have the right to cancel any outstanding unfulfilled orders.

 

9. Warranty

(a) The Supplier shall not be liable for any loss, damage or expenses arising from the sale or supply of the Product to the Client, except loss, damage or expenses arising from the negligence of the Supplier or its employees or agents.

(b) In no event shall the Supplier be liable to the Client for:

(i) loss of profits, business, revenue, goodwill, transaction errors or anticipated savings; or
(ii) The amount in excess of the price paid by the Client for the Product under these Terms and Conditions, in respect of any or all claims, howsoever arising.

 

10. Software / Websites

(a) The Product supplied to the Client is the property of the Supplier and may not be used for any other purpose, or passed onto a third party by the Client without express permission of the Supplier. The Client may however alter or add to the Product, provided the Product is used for its original purpose.

(b) The Supplier is not in anyway responsible for the legality, integrity or any other function of the Client's data or any costs of any sort associated with any data loss or data errors.

(c) The Client represents to the Supplier and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Supplier for inclusion in Web pages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend the Supplier from any claim or suit arising from the use of such elements furnished by the Client.

(d) The Supplier cannot be held responsible for any costs or damages of any sort occurring due the actions of third-parties attempting unauthorised access, malicious damage or other security breaches of the Product.

(e) The Supplier does not claim that any search engine optimisation carried out on a web-based product will necessarily yield higher rankings with third-party search engines.

 

11.Force Majeure

The Supplier shall not be liable for any failure to comply with or for any delay in the performance of its obligation hereunder where such failure or delay is directly or indirectly caused by or in any manner arising or resulting from events beyond the control of the Supplier. These events shall include but not be restricted to government action, industrial dispute, labour shortage, delay or failure of any supplier or contractor. If any such event shall continue for more than six months the Supplier reserves the right to terminate the Contract in respect of products not yet delivered.

 

12. Severability

If and to the extent that any provision or any part of the Supplier's standard terms and conditions of sale is illegal, void or unenforceable for any reason, then such provision or part thereof (as the case may be) shall be deemed to be severable from the remaining provision or parts of the relevant provision (as the case may be) all of which remaining provisions shall remain in full force and effect.

 

13. Headings

Headings to any of these conditions are included to facilitate reference only and shall not affect the construction hereof.

 

14.Governing Law

This contract shall in all respects be construed and operated in accordance with the laws of England and for the purposes of settlement of any disputes arising out of or in connection with the contract the parties hereby submit themselves to the jurisdiction of the English Courts.

 

website support terms and conditions

 

(a) Maxiumum limit applies to the number of included hours that can be rolled over each month.

 

(b) The standard hourly rate for web solutions is £35 per hour outside a Website Support agreement.

 

(c) Website Support contracts are initially for three months and then one month rolling thereafter. One month notice is required for cancellation.

 

(d) 24-hour turnaround on emergency site patching means that for emergency situations (i.e. complete or substantial site failure, failure of main site functionality etc.) patches will be implemented within 24 hours where possible so the site is still usable by customers. Full repairs will then be carried out as quickly as possible.

 

(e) Certain periods (up to 20 days per annum) are excluded from the contract. You will be informed of these periods one month in advance and these periods will not be included in the length of the contract. Regular agreed site updates, backups and emergency patching will occur as usual in most cases.

 

(f) Standard Wheredidthetigergo terms and conditions apply.

 

(g) Work is only carried out when requested unless a regular update or service is required.

 

(h) The free search engine rankings report gives rankings for the website's homepage on major search engines using up to 5 customer specified keywords.

 

(i) A minimum billing period of fifteen minutes applies on all work carried out.

 

(j) Basic website uptime monitoring is a check every 120 minutes on your website's connect time, server timeouts and website uptime.