Terms and Conditions Law and Jurisdiction

 

 

 

The construction, validity and performance of these Terms and Conditions will be governed by Scottish law and the Parties submit to the exclusive jurisdiction of the Scottish courts to resolve any dispute between them.

A person who is not a Party to the Agreement has no right to enforce any Clause of the Agreement under the Contracts (Rights of Third Parties) Act 1999 or otherwise and neither Party may declare itself trustee of the rights under it for the benefit of any third party.

Nothing in these Terms and Conditions constitutes the Parties as legal partners, joint ventures or co-owners or constitutes either Party as the agent, employee or representative of the other or empowers either party to act for, bind or otherwise create or assume any obligation on behalf of the other and neither Party will hold itself out as having authority to do the same.

The Client shall comply with all applicable rules, regulations, codes of practice and laws relating to its use of the Designwebskills.com’s Services, including without limitation its obligations under the:

Data Protection Act 1998

Regulation of Investigatory Powers Act 2000

Competition Act 1998 and E-commerce Directive and equivalent legislation;

The client warrants to Designwebskills.com at all times that the material included in the Web Site without limitation:

(a) is not in breach of the Intellectual Property rights of any third party;

(b) is not obscene within the definition of the Obscene Publications Act 1959 or any other relevant provision, statute;

(c )is not in breach of any code or provision of statute or common law or otherwise in force from time to time in relation to Advertising of Goods or Services;

(d) contains no element of corporative advertising which is in breach of the Control of Misleading Advertisements (Amendment) Regulations 2000;

(e) is not in breach of the Defamation Act 1996 or any other relevant provision;

(f) does not contain any misleading price comparison in breach of Consumer Protection Act .

These Terms and Conditions and any documents to which they refers contain the entire understanding of the Parties relating to the Service or Goods whether correct or incorrect, unless such incorrect statement was made fraudulently, and supersede any prior agreement, understanding, arrangement, advice given or statement made between the Parties whether oral or in writing.

Any provisions of these Terms and Conditions that are either expressed to survive or considered by their nature or context to survive their Termination will remain in full force and effect after Termination.

Designwebskills.com reserves the right to modify these terms and conditions at any time by posting revised terms and conditions on this web site.

Every effort is made by Designwebskills.com to ensure that information presented by the service is accurate. Designwebskills.com
, its agents, representatives or employees cannot accept any liability arising as a result of incorrect information being provided by you.

TERMS AND CONDITIONS - ORDERS

All prices quoted in a Proposal are valid for 30 days only or until earlier confirmation by the Client after which time they may be altered by?
Designwebskills.com without giving notice to the Client save that where any prices contained within the Proposal (in whole or part) relate to a third party service provision then these prices are accurate at the date the Proposal is given but may be subject to slight variations thereafter.

These terms and conditions together with a signed sales order will form a binding contract between the Client and Designwebskills.com which shall constitute the entire agreement between the Client and Designwebskills.com and apply to any trading agreement or other contract or arrangement between the Client and Designwebskills.com.

These terms apply to the exclusion of all other terms or conditions of contract the Client may propose and shall not be varied unless agreed in writing, signed by Designwebskills.com.

You may request us to supply Services or Goods by completing and forwarding an Order Form to us or by signing a written Agreement that we have prepared. Such a request is deemed your acceptance of these Terms and Conditions and we, at our discretion, may accept your request by providing the Service or Goods under the provisions of the Agreement and raising a first invoice for the Service or Goods or by countersigning the written Agreement.

 

TERMS AND CONDITIONS - SERVICES

We will use our reasonable endeavours to Activate the Service or despatch the Goods at Commencement but where we depend on another provider and/or there are technical or other reasons beyond our control we will notify you of a later Activation or delivery date. If you change your requirements for the Service or if we or our subcontractors or suppliers are unavoidably delayed for whatever reason in installing the Service before it is activated such Activation date will no longer apply and we will notify you of a revised date. Except as otherwise stated in the Agreement we will have no liability for any failure to meet any Activation or delivery date for whatever reason.

The Service is solely for your use and you agree not to resell, lease or allow use of the Service by any third party unless it is under the terms of a Partner agreement or you otherwise have our prior written consent.

Your use of the Service is deemed to be your acceptance of all Licences relating to the Service.

We have the right and you give us full authority to select, change or remove our service providers at any time without consulting you.

We reserve the right to investigate your credit history and make enquiries into your principal directors through a credit reference agency who will keep a record of any search and may share that information with other businesses. You acknowledge that we may decline the Order Form or the option for you to pay in monthly instalments based on the results of such an investigation.

We reserve the right to subcontract part or all of our obligations under the Agreement.

This Agreement shall not give rise to any exclusive relationship and nothing in this Agreement shall prevent Designwebskills.com acting for or providing works the same or similar to the Works to any third party.

 

PAYMENT

Unless specified otherwise in the Agreement or on the invoice all Charges must be paid at or before the beginning of the respective period of Service or before we dispatch the Goods except that usage Charges are payable on invoice in arrears of the respective usage period.

Except for the sale of Goods all Services are invoiced for the standard Charge in equal amounts and for the variable Charge if applicable at roughly equal intervals whether weekly, monthly, annual or otherwise, beginning when the Service is Activated which is at Commencement unless we advise you otherwise. You agree to pay all invoices raised by the due date whether disputed or not and whether raised or due before Termination or not. If you fail to pay any Charges due under the Agreement by the due date we will deem such failure to be a ?material breach? of the Agreement and we reserve the right to suspend the Service until we receive payment.

If you are overdue with any payments, you agree to pay us ?15 for each related correspondence and our solicitors? and court fees and interest on all monies outstanding in accordance with the Late Payment of Commercial Debts Regulations 2002.

Unless otherwise stated in the Order Form or Price List, all Charges are exclusive of VAT and any other applicable purchase tax, import, and all other duties.

Where we hold your credit card or debit card details or a direct debit mandate for a Service we will take subsequent payments via such method when due according to the current Price List. If we are unable to take payment via such method for any reason we will inform you in writing and you agree to pay the invoice within 14 days by other means and to reinstate your arrangement to pay by credit card, debit card or direct debit.

If our supplier either ceases to provide a service such that we must change suppliers or increases the price of a service you acknowledge that we may increase the price of the corresponding Service accordingly with at least 30 days notice.

If you choose to pay by direct debit you must return the completed mandate to us within 28 days of Commencement. If you do not we reserve the right to withdraw any discounts offered and we will invoice you immediately for the Charges. You must pay the invoice within 14 days by other means. You acknowledge that all direct debit transactions will be billed at a minimum of ?25.

If you choose to pay by direct debit and for any reason your direct debit fails or is cancelled and we cannot take payment you agree to make the payment in full by an alternative method within 5 days and you may then continue to pay via direct debit. If you do not pay within this five day period we retain the right to pursue payment through our normal processes and retract your right to pay by direct debit in the future.

Designwebskills.com may charge additional Fees in accordance with its then prevailing rates: In the event of delays or additional works caused or required by the Client including its failure to provide Designwebskills.com with such information, Materials, instructions, media or approvals, as are reasonably required for the supply of the Service, properly and / or on time; In the event of changes to the cost of labour, materials, services and other circumstances outside of Designwebskills.com's reasonable control.

In the event that Client requires the supply of Works, goods and services in addition to those described in the Order Form or any variations to the Service.

If Client requires any change or alteration to the Service (Change), Designwebskills.com and Client shall, prior to such change being effective or implemented, agree:

* The nature of the Change
* The procedures for implementation of such Change; and
* The variation to the Fees.

Until any Change is formally agreed between the Client and Designwebskills.com, Designwebskills.com will continue to perform and be paid for the Service as if the Change had not been proposed, unless otherwise requested by the Client. Where relevant, all and any Changes to the Service shall be reflected and accompanied by appropriate amendments to the Proposal and Fees.

In the event that the Service include pay-per-click (PPC) or other search engine placement services which require payments to third parties and are agreed with the Client prior to their implementation, the Client shall reimburse and indemnify Designwebskills.com for any out of pocket expenses incurred by Designwebskills.com in supplying the same.