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1.
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CONTRACT FORMATION |
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1.1
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The contract is formed by the completion of three distinct
steps:
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our display / catalogue / website (at http://www.getonlinedesign.com)
each invite you to do business with us |
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your order is an offer to do specific business with
us |
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the contract is formed when you receive our acceptance
of that offer |
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1.2
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We reserve the right to accept, refuse, or limit your order
for any reason - including (but not limited to) credit card
/ payment clearance, unavailability of stock or errors in
product descriptions and / or prices. |
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2. |
COPYRIGHT: IMAGES / DESIGN |
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2.1 |
All new or modified artwork, HTML or programming code
designed and / or created by us remains copyright Get Online
Design. |
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2.2 |
We retain the right to use any design created by us as
a 'portfolio' item displayed on our website / brochure /
advertising. |
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2.3 |
We retain the right to place a hyperlink on any site we
design that links back to our website. This link will be
unobtrusively placed on the page. |
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PAYMENT TERMS |
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3.1 |
A 25% deposit of the total quote is required on commencement
of all design work |
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3.2 |
A further 25% is payable at the halfway stage in
the design. |
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3.3 |
Full and complete payment is required in order for the
service to be delivered / published. |
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4.
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WARRANTIES: SERVICES
SUPPLIED |
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4.1
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We warrant that the services:
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will be provided using reasonable skill
and care |
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are fit for normal use and stated purpose (but not
fit for any use which we state on our website may be
inappropriate) |
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comply materially with the written description given
on our web site |
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4.2
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You acknowledge that our provision of internet
services (if required) and our ability to provide
the service is dependent on British
Telecom plc. and other 3rd party suppliers and their ability
to provide certain parts of the service to us. We cannot
warrant that the service will be free of interruption or
that transmission of information through the service will
be secure. |
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4.3
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It is entirely your responsibility to ensure that your
equipment is correctly configured and capable of receiving
our services. |
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4.4
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It is not technically possible to provide the service free
from errors and / or faults and we do not undertake to do
so. We operate a support facility
to enable errors and / or faults to be reported and resolved
but we cannot warrant that all errors and / or faults will
be corrected. |
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5.
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YOUR RIGHT TO CANCEL |
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5.1
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Once an order has been received and accepted, it cannot
normally be cancelled. |
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5.2
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If it is possible to cancel
part of the products / services ordered you will be charged
for the work / costs incurred up to that point or 50% of
the order value, whichever is greater. |
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6.
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INSPECTION OF GOODS |
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6.1
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You should inspect and test the goods / services
at the earliest opportunity. If the goods / services are
defective or otherwise
in breach of the contract terms ('a justified reason'), you
have the right to request
they be changed but you should do so within a reasonable
time. |
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6.2
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Changes to the goods / services supplied that differs from
the initial specification will be chargeable. |
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7.
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AVAILABILITY AND
PRICING |
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7.1
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All equipment / goods and services are supplied subject
to availability. |
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7.2
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We have the right to change our prices at any time without
advance warning and all prices exclude VAT at 17.5% unless
specifically stated otherwise. |
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8.
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PERSONAL INFORMATION
/ SECURITY |
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8.1
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We guarantee that any personal information you send us
online will be secure. |
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8.2
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Information that you provide to us must be true, accurate
and complete. You agree to inform us of any changes in your
details (contact details, address, telephone number or email
address) by contacting us at: http://www.getonlinedesign.com/contact |
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9.
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CONTRACT TERM AND
TERMINATION |
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9.1
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We reserve the right to immediately terminate the contract
at any time due to abuse and / or material breach of your
agreement with us or breach of our Acceptable
Usage Policies (which you acknowledge to have read). |
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9.2
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Upon termination any fees pre-paid by you for unused time
remaining, less any charges outstanding on your account,
will be calculated and returned to you either by the same
method as they were paid or by cheque (at our discretion). |
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9.3
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Either party may terminate this agreement immediately
by giving notice in writing to the other, if the other:
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commits a material breach of this agreement
which cannot be remedied |
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is the subject of a bankruptcy order, or becomes
insolvent, or goes into voluntary or compulsory liquidation,
or a receiver or administrator is appointed over their
assets |
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10.
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COMPLAINTS |
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The addresses to which you should write
if you have any complaint are:
Attn: Customer Services Department
Get Online Design
Unit 12D, Adlington Park, Adlington
Cheshire, SK10 4PZ, United Kingdom
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Or contact us using the details at: http://www.getonlinedesign.com/contact
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11.
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DESCRIPTIONS |
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We do our best to ensure that the descriptions
and illustrations of the goods we supply are fair, honest
and accurate. |
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12.
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ACCEPTABLE USAGE |
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It is a condition of this contract that
you comply at all times with our Acceptable
Usage Policies (as may be updated from time to time)
as detailed on our web site.
If you breach our Acceptable
Usage Policy we are entitled to suspend or restrict
your service and cancel this contract and / or take
such as action as detailed in the Acceptable
Usage Policy.
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13.
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STATUTORY RIGHTS |
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Nothing in this contract affects your statutory
rights. |
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14.
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MISTAKES IN BILLS |
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If we make a mistake in any bill, we will correct
it as soon as the mistake comes to our attention, and we
will, if appropriate, refund any money to you promptly. |
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15.
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RECORDS OF CONTRACTS |
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We maintain records of all contracts, and,
if you so request, we will provide you with a copy of any
contract between us and you entered into within the last
24 months. |
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16.
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PRIVACY |
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16.1
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We will use the information you give us, and information
arising from our dealings with you (‘personal data’)
to enable us to perform our obligations to you. We may also
analyse your personal data, for example, for marketing and
market research purposes. |
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16.2
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We will comply with our statutory obligations in relation
to your personal data, and we will not pass on any ‘sensitive
data’ (as defined in the Data Protection Act 1998)
without your prior consent. However, it will be necessary
to pass your details on to our suppliers so the goods / services
can be provided - in all cases we will only pass on the minimum
details that are required. |
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16.3
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You have the right to ask us for a copy of your personal
data, and to correct any mistakes. |
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16.4 |
We may monitor or record calls for training or to improve
the quality of our customer service. |
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17.
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THIRD PARTY ISSUES |
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Unless the contract states otherwise in writing,
the benefit of this contract is personal to you and only
you can enforce the contractual terms. |
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18.
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SEVERABILITY & CONFLICT OF TERMS |
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18.1
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If a court decides that any part of these terms is void,
voidable or unenforceable, the rest of these terms shall
continue to be valid and enforceable. A court will, if possible,
modify the offending term to the minimum extent necessary
to make it valid. |
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18.2
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If you are a business, our standard terms and conditions
are to prevail over any you seek to impose. |
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19.
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FORCE MAJEURE |
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We are not liable to you for any failure to
perform our obligations due to circumstances outside our
control. |
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20.
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OWNERSHIP / LATE PAYMENT |
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20.1
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Equipment / goods /services supplied belong to us legally
and beneficially until you have paid all our charges under
this
agreement,
but the risk attached to owning them passes to you as soon
as they are delivered into your possession or control. |
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20.2
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Even though equipment / goods /services supplied continue
to belong to us, we have the right to recover payment for
them.
As
long as the goods remain ours, and discrete from items which
are not ours, we have the right (but not the obligation)
to recover these goods. As long as the materials remain ours,
you must not sell or otherwise dispose of them. |
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20.3 |
Under the Late Payment of Commercial Debts [Interest] Act
1998 we reserve the right to reclaim interest on overdue
amounts at 8% above the Bank of England base rate. |
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20.4 |
Where payments on your account are overdue we reserve the
right to restrict or suspend services or order fulfilment
until payment is made in full. |
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21.
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LIMIT OF LIABILITY |
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21.1
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We do not seek to limit liability for death or personal
injury resulting from our negligence. |
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21.2
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By submitting your order request to us you agree to accept
our terms and
conditions and that our total liability to you shall be limited to the
purchase price actually paid to us by you for the product or service giving
rise to the liability. |
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22.
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INTERPRETATION AND GOVERNING LAW |
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22.1
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This is a plain English contract. Other than defined terms,
words and expressions have their normal English meaning as
they would be understood by a reasonable person in the context
of this contract. |
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22.2
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This contract is governed by the laws of England and Wales
and you agree to submit to the jurisdiction of the English
courts. |
