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Terms & Conditions:

Printing Services

1.
‘Waterford Designs’ is the trading name of Waterford Designs.
Goods means the articles or things described in the contract between Waterford Designs and the purchaser.
2
These conditions shall be deemed to be incorporated in all contracts of Waterford Designs to sell goods and in the case of any inconsistency with any order or form of contract sent by the purchaser to Waterford Designs whatever may be their respective dates the provision of these Conditions shall prevail unless expressly varied in writing and signed by a director on behalf of Waterford Designs.
3
Notwithstanding that Waterford Designs may have given a detailed quotation no order shall be binding on Waterford Designs unless and until it has been accepted in writing by Waterford Designs.
4
Waterford Designs will not be held accountable for any errors in artwork which have been approved by the client. It is the responsibility of the client to check all artwork thoroughly before authorising any print run. Even where a client has supplied artwork, this often has to be re-created to get print-ready. In all cases client will be asked to inspect and sign off artwork before print can commence.
5
By their nature goods do not have a redeemable value and no refunds or credits for goods correctly supplied will be entertained.
6
a) All goods shall be paid for at the time of order.
b) No goods shall be dispatched or collection allowed until paid for in full.
c) Value Added Tax is not added to any quote given.
7
a) Any shortcomings or defects in goods supplied must be notified to Waterford Designs within 3 days of delivery. Such goods must be returned to Waterford Designs for inspection.
b) Nothing herein shall impose any liability upon Waterford Designs in respect of any defect in the goods arising out of the acts, omissions, negligence or default of the Purchaser, its servants or agents including without prejudice to the generality of the foregoing handling and storage of the goods.
c) Nothing herein shall have the effect of excluding or restricting the liability of Waterford Designs:
i.) For death or personal injury resulting from its negligence insofar as the same is prohibited by U.K. statute, or;
ii.) Under sections 12,13,14 and 15 of the Sale of Goods Act 1979 to a purchaser who is dealing with a customer (as defined by section 12 of the Unfair Contract Terms Act 1977).
8
Waterford Designs shall not be liable for any costs, claims or damage arising out of any act of tort or omission or breach of contract or statutory duty calculated by reference to profits, income production or accruals or loss of such profits, income production or accruals or by reference to accrual of such, claim, damages or expenses on a time basis.
9
The liability of Waterford Designs to the purchaser for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances exceed the price of the goods.
10
If the purchaser shall be in breach of any of their obligations under the contract Waterford Designs may (without prejudice to Waterford Designs’s rights subsequently to determine the contract for the same cause should it so decide) suspend further deliveries of goods without notice until any defaults by the purchaser are remedied.
11
No statement, description, information, warranty or recommendation contained in any catalogue, price list, advertisement or communication or made verbally by any of the agents or employees of Waterford Designs shall be construed to enlarge, vary or override in any way these conditions.
12
Any concessions made or latitude allowed by Waterford Designs to the purchaser shall not affect the strict rights of Waterford Designs under the contract. If in any particular case any of these conditions shall be held to be invalid or shall not apply to the contract the other conditions shall continue in full force and effect.
13
Upon sight of artwork and at its sole discretion Waterford Designs reserve the right to decline to print any item it deems to be inappropriate. Any payments made for work rejected by reason of this clause will be refunded in full.
14
The contract shall in all respects be governed by English law and shall be deemed to have been made in England and the purchaser and Waterford Designs agree to submit to nonexclusive jurisdiction of the English courts.

 

Internet Services

Any commissioned website, graphics and any programming code remain the property of Waterford Designs until all outstanding accounts are paid in full. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Waterford Designs remain the copyright of Waterford Designs and may only be commercially reproduced or resold with the permission of Waterford Designs.

Waterford Designs cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material. Waterford Designs will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

Waterford Designs reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.

A 50% deposit is required with any project before any design work will be carried out. Once a website has been designed and completed according to client brief, the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.

Hosting/web services
12 months minimum term. There is a standard annual fee of £95.00 for regular web services. This fee being due at the beginning of each term.

Regular web services are as follows:
1. Domain/web site hosting
2. Email or email forwarding
3  Webmail (access your email from any computer, anywhere in the world)
4. Renewal of domain name when due.

It is the policy of Waterford Designs that any domain registered on your behalf, is actually and legally yours. You will receive a legal certificate to this effect from Nominet the governing body for UK domain names. (Usually within 4 to 6 months)

Search Engines
Your site will be submitted to ten search engines FREE:

  • Altavista
  • Aol Netfind
  • Excite
  • Google
  • Hotbot
  • Infoseek
  • Lycos
  • Northern Light
  • WebCrawler
  • WhatUseek

Please note that whilst we submit your site to the above engines, we cannot be held responsible for search engines that fail to index your site in their database. We also do not guarantee that your site will appear in prime position in any listings. Search engines take various lengths of time to index a site, so you may not appear for anything up to 6 months in aparticular search engine database. (As at the time of this writing, appearance on Google can take up to 4 months)

Keywords
Keywords and some descriptive text will be discussed with you at consultation.
Carefully selected keywords will help in your search engine placement.

Domain Parking
If you wish us to register a domain, but not have hosting services, a yearly parking fee of £12 applies for .co.uk and .com

Domains other than .co.uk and .com attract their own pricing structure, if alternative TLDs (Top Level Domains) are required, these will be checked for availability and their associated costs included in your package. This applies to parked and live domains.

Payment of Accounts
It is the Waterford Designs policy that any outstanding accounts for work carried out by Waterford Designs are required to be paid in full on completion of the website unless by prior arrangement with Waterford Designs.

Once a deposit is paid and work completed according to information gathered from consultation, you are obligated to pay the balance of payment in full. We will contact clients via email and/or telephone to remind them of such payments including any renewals if they are not received when due.

When your website is completed it will be displayed in a preview area. The website will only become live i.e publicly viewable/fully functional when the balance has been paid. Where a site has been built but cannot go "live" because we are still waiting for client to supply content, the invoice is payable within seven days completion of build.

Renewals
After year one, any invoice for subsequent hosting services will be sent one calendar month before due date. Any delay may result in services being suspended until full payment is received.

If accounts are not settled or Waterford Designs have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgments (ccj's) being added to the clients credit rating.

Customer Privacy
Waterford Designs will respect the privacy of customer data practices and operations at all times, both during and after completion of any project undertaken. If the customer has particular concerns then these must be expressed in writing as part of a confidentiality agreement presented to Waterford Designs by the client.

Termination
One month notice is required for termination of accounts. Once notice is given, we will endeavour to meet any deadlines or transfer requests with utmost speed. At all times we assure you of our commitment to excellence and service.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold Waterford Designs harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Waterford Designs, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Waterford Designs against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Waterford Designs' server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Waterford Designs' server.

Disclaimer
Waterford Designs will not be responsible for any damages your business may suffer. Waterford Designs makes no warranties of any kind, expressed or implied for services we provide. Waterford Designs disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by Waterford Designs and its employees. Waterford Designs reserves the right to revise its policies at any time.