Terms Of BusinessEffective 01/01/2006
Xigen Ltd – the Company (us)
Client – the Customer
1 Price Variation
Estimates are based on current costs of production and, unless otherwise agreed, are subject to amendment on or after acceptance to meet any rise or fall of such costs.
Prices displayed on the website do not include VAT. The right is reserved to charge the amount of any VAT payable, whether or not included on the estimate or invoice.
3 Preliminary work
All work carried out, whether experimentally or otherwise, at the customer’s request, shall be charged for.
A charge may be made to cover additional work where copy supplied is not clear and legible.
5 Requests for archived Artwork
The release of archived artwork/data is at the Company’s discretion. For prior agreement by the Company to release archived data/digital artwork requested by the Customer, a charge will be made to cover time, media and delivery costs.
Proofs, digital or flat, of all work may be submitted for the Customer’s approval and the Company shall incur no liability for any errors not corrected by the Customer in the proofs so submitted. Customer’s alterations and additional proofs necessitated thereby shall be charged extra.
7 Delivery and Payment
Delivery of goods shall be accepted and payment become due upon notification that they are ready for delivery. Payment shall be made within the period specified on the invoice or delivery.
8 Expedited delivery
Should expedited delivery be agreed and necessitate overtime or other extra costs, an additional charge shall be made.
Claims arising from damage, delay or partial loss of goods in transit must be made to the Company (and carrier where applicable) within three days of receipt, and claims for non-delivery within 28 days of despatch. All other claims must be made to the Company within 10 days.
The Company shall not be liable for indirect or consequential loss, or for any loss to the customer arising from third party claims caused by errors in carrying out the work, or delay.
11 Working/Layered Files
Working files created by the Company to produce final artwork remains the property of the Company. These include artwork files such as Photoshop PSDs, Fireworks PNGs and Flash FLAs.
Every effort will be made to supply the printed quantity ordered, but estimates are conditional on margins of 5% for single colour work, and 10% for all other work being allowed for overs or shortage.
13 Storage of Data & Digital Artwork
The Company holds stored files of digital artwork/data for the Company’s use only. It is the responsibility of the Customer to ensure they have their final artwork/data backed up and secure at their own premises. The company does not take responsibility for loss or damage to completed/archived artwork files.
14 Print work by a third party
If the Customer requests artwork to be supplied for printing by a third party, commissioned by the Company, the Company takes no responsibility for errors or damage that may occur as a result.
15 Customer’s property
(a) Customer’s and other property supplied to the Company by, or on behalf of, the Customer will be held at the customer’s risk. (b) Every care will be taken to secure the best results from materials or equipment supplied by the Customer, but responsibility cannot be accepted for imperfect work caused by defects in, or unsuitability of, such materials or equipment. (c) Where the customer supplies materials, adequate quantities shall be supplied to cover spoilage.
Account’s unpaid 30 days from the date of invoice will be considered in default. Any artwork or printed material will remain the property of the Company and not be used for it’s purpose. We will, at our discretion, remove website files from our web server and will not be held responsible for any loss of data incurred. Removal of such material does not relieve you of the obligation to pay any outstanding charges. Cheques returned by the bank as unpaid for any reason will attract a “returned cheque” charge of £25 and your account will immediately be considered to be in default until full payment is received. Customers with accounts in default agree to pay us reasonable expenses incurred by us in enforcing these Terms and Conditions, including but not limited to legal fees and costs for collection by third-party agencies.
17 Web Services
17.1 You warrant to us that you will only use your assigned Web Site for lawful purposes. In particular, you further warrant and undertake to us that:
will not, nor will you authorise or permit any other party to, use the Server
in violation of any law or regulation;
b. you will not knowingly or recklessly post, link to or transmit:
i. any material that is unlawful, threatening, abusive, harmful, malicious, libellous, defamatory, obscene, pornographic, profane or otherwise objectionable in any way; or
ii. any material containing a virus or other hostile computer program;
iii. you will not post, link to or transmit any material that shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person, firm or company under the laws of any jurisdiction;and
iv. You will conform to the standards made available by us from time to time and will not yourself (and will ensure that none of your end users) make excessive or wasteful use of the Server to our detriment or that of our other customers.
17.2 You are responsible for sending mail in accordance with any relevant legislation (including data protection legislation) and for sending the same in a secure manner. We will take all reasonable steps to ensure accurate and prompt routing of messages but we will not accept any liability for non-receipt or misquoting or any other failure of email.
17.3 You warrant, undertake and agree that you will keep secure any identification, password and other confidential information relating to your account and you will notify us immediately of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password information.
17.4 Whilst we shall use reasonable endeavours to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers.
17.5 All annual web service charges (normally 12 months) including hosting, servers, SSL certificates and domain renewals are not eligible for part or complete refund during its term. Are web services are supplied by a third party, so we are unable to redeem any refunds for annual charges, thus not able to pass this on to you the customer.
17.6 Bandwidth per domain will be limited to 2Gbs per month unless otherwise arranged at the current rate, exceeding the arranged bandwidth limits will be charged at £3 per GB per month.
17.7 It is your sole responsibility to make regular offsite back-ups of your data and files used in connection with our Hosting Services. Even though we make periodic back-ups for server maintenance purposes we are not responsible whatsoever for loss of your data or files..
17.8 You agree not to perform any action that will reduce performance of our servers to the detriment of other users.
18 Domain Name Registration
For orders requiring the registration of domain names, please confirm you agree to the domain registration Terms and Conditions 18.1 and 18.2 listed below:
18.1 .uk Domain Registration When you register a .uk domain name you are also entering into a contract with Nominet and you agree to their terms and conditions. This is a separate contract to any you may have with a third party for the provision of Internet services. Please read before you register your domain name.
18.2 .com/.net, .org, .eu, .biz, .cn Domain Registration When you register a .com/.net, .org, .eu, .biz, .cn domain name you are also entering into a contract with Enom and you agree to their terms and conditions. This is a separate contract to any you may have with a third party for the provision of Internet services. Please read before you register your domain name.
19 Domain name expiring/expired
An invoice will be raised by the Company 30 days before the Domain name expires, the Domain name will not be automatically renewed unless full payment has been received before or on the renewal date. Up to 28 days after the Domain name has expired the Customer may still renew and there will be no extra charge but the original renewal date will be used. The Customer will be liable for extra charges if the Domain name is in the redemption period.
20 Domain Name Cancellation
The customer may cancel the domain name on or before the renewal date without any charge, if the customer cancels after the Domain has been renewed the customer will not be eligible for part or full refund of any payment made.
21 Acceptable Use Policy
The Company has an Acceptable Use and Takedown Policy which is available via the Resources link.
22 Illegal matter
(a) The Company shall not be required to use any matter which, in our opinion, is or may be illegal, or of a libellous nature, or an infringement of the proprietary or other rights of a third party. (b) The Company shall be indemnified by the Customer in respect of any claims, costs and expenses arising out of any libellous matter, or any infringement of copyright, patent, design or of any proprietary or personal rights contained in any material printed or produced for the internet for the Customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
23 Force majeure
The company shall be under no liability if unable to carry out the provisions of the contract for any reason beyond our control, including (without limiting the foregoing) Act of God, fire, flood, drought, legislation, war, lock-out, strike or any other action taken by employees, or inability to procure materials required for the performance of the contract. During such a contingency, the Customer may, by written notice to the Company, elect to terminate the contract and pay for materials used and work done. Subject to thereto, the Customer shall otherwise accept delivery when available.
If the customer has a complaint in the first instance complete the complaints contact form via the Resource link on the company’s website, the Company will acknowledge your complaint within 5 working days of receiving it. We’ll then look into the issue and aim to respond within 10 working days.
25 Domain Abuse
The customer can report domain abuse on the company’s website via the Resources link.