Internet Disclaimer and General Terms and Conditions of Supply
Issued by and on behalf of Pipedream Design, UK
The websites designed by Pipedream Design are done so at the exclusive direction of and based on information provided by the owner of each individual website. The sole and entire responsibility for that same information rests with each individual web site owner. All content provided should be supplied in an understandable legible format. Pipedream Design reserves the right to request the content be re-supplied in an understandable, legible format.
Pipedream Design shall not be liable in any way whatsoever for:
Any damage of any kind (direct, indirect, consequential, incidental or punitive) which results from the use of, access to or inability to use the information contained in any websites which it has designed
Any errors or omissions in the contents of any websites which it has designed
Any damages to or viruses that may infect a site visitor’s computer equipment, software, data or other property which result from a site visitor’s access to, use of or browsing in any site designed by Pipedream Design.
Any damages which result from the downloading of material, data, text, images, video or audio from any site designed by Pipedream Design.
Any content in any site linked to a site designed by Pipedream Design and any resulting damages from a site visitor’s access to any such linked site – site visitors link to any other such sites at their own risk
Each individual websites owner reserves the exclusive right to alter its site content in any way, at anytime and for any reason without prior notification carrying no liability for any consequences of such changes. Should Pipedream Design work to any directive from a site owner to change the site content then such work is undertaken on the clear understanding that no liability whatsoever relating to such changes is assigned to Pipedream Design.
Pipedream Design will not be responsible for any damages arising from or relating to the use of any websites created by or any goods or services provided by Pipedream Design including web hosting and internet marketing services or obtained in any manner through or in connection with any websites. Pipedream Design makes no warranties of any kind, expressed or implied for the services it provides.
Pipedream Design disclaims any warranty or merchantability or fitness for a particular purpose. Without limiting the foregoing, Pipedream Design shall not be liable for loss of data resulting from delays, non-delivery, wrong delivery, or any and all service interruptions caused directly or indirectly by Pipedream Design.
Pipedream Design reserves the right to revise its terms, conditions and charges at anytime and without prior notice.
Pipedream Design shall not be liable to any business for any incidental, consequential, special, or punitive damages or lost or imputed profits or royalties arising out of this agreement or any goods or services provided, whether liability is asserted in contract or tort (including negligence and strict product liability) and irrespective of whether advice has been given of the possibility of any such loss or damage.
By providing textual, photographic or graphic content to Pipedream Design you agree to these terms and conditions.
TERMS OF PAYMENT
Subject to any special terms agreed in writing between the Client and the Company, the Company shall be entitled to invoice the client for the price of the Goods on or at anytime after delivery of the Goods, unless the Goods are to be collected by the Client or the Client wrongfully fails to take delivery of the Goods, in which event the Company shall be entitled to invoice the Client for the price any time after the Company has notified the Client that the Goods are ready for collection or (as the case may be) the Company has tendered delivery of the Goods. For the purposes of this sub-clause delivery of the Goods to a carrier for the purpose of transmission to the Client or its designated addressee shall be deemed to be deliver to the Client.
Payment of invoices shall unless otherwise agreed in writing be made in full without any deduction or set-off within 30 days of the date of invoice where part or all of the Goods comprise Goods supplied by the Company prepared from Pipedream Design and within 7 days of the date of invoice in all other cases.
Interest shall be payable by the Client on overdue accounts at the rate of 4% over Bank of England base rate to run from the due date for payment thereof until receipt by the Company of the full amount whether before or after judgment.
The Company may require full or partial payment of the price prior to delivery or commencement of work by the Company or the provision of security for payment by the Client in a form acceptable to the Company. Should site additions supplied by the client be redundant for over 1 month an invoice will be issued for work completed, a setup fee of £350.00 will be charged plus a division of four of the balance of the total quoted times the stage reached. The launch of a websites denotes the Client is liable for payment in full, to the total of the invoice. Acknowledgment of launch can be verbal or written, once the websites is launched any further work carried out unless previously agreed by Pipedream Design and Client is chargeable.
Final payment is due upon completion and launch, if payment is deemed late and out of a reasonable time frame to be determined by Pipedream Design, the launched websites can be made temporarily unavailable and could result in the websites being suspended. This suspension is not cancellation of invoice and the full amount is still required plus an interest incurred.
Pipedream Design retain the ownership right of the site structure, graphics and database until such a time that full payment is made by the Client. If for any reason other than that agreed in writing between the Client and Pipedream Design full payment is not made, Pipedream Design is the sole owner of the site and is free to use the structure, graphics and database elsewhere.
TEMPORARY LOSS OF SERVICE
If payment is not made within 30 days of the invoice date, including updates to the site, hosting and registration fees the site can be put on permanent or temporary hold. A holding page will be added in the first instance and then site taken down completely from public viewing. If the next hosting period is reached and payment has not been made, the website(s) and email services will be suspended without further notice. In any of these instances a reconnection fee of £60.00 (inc VAT) becomes payable and regardless of debt recovered or not recovered, this amount is payable before any reconnection will be made.
Website suspension automatically puts on hold any further work to any connected websites until payment is made in full. In the event that payment is not made or an agreement not been reached within the allocated timeframe, measures will be taken to recover the debt which includes use of the companies chosen debt recovery agency or through the court system. Pipedream Design reserve the right to suspend any website under its control without notice if agreed terms dates are ignored.
The provisions set forth above allocate the risks under this agreement between the parties and it is agreed that such allocation and limitation are not unenforceable.