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Bite of the Cherry Ltd: Terms and Conditions may be updated from time to time and are available upon request.
Please contact us to discuss any amendments, enhancements or issues relating to your website.
- Whilst
we endeavor to ensure that all information displayed on our website is
accurate and up-to-date, the information provided is as is and Bite of the Cherry cannot be held responsible for any actions made based upon
the said information. Please also note that all content provided is
protected by copyright and intellectual property laws.
- Content
on the Bite of the Cherry website may not be re-distributed,
re-packaged or used in any way unless written permission has been
granted.
- Bite of the Cherry does not accept any liability
(including negligence) in respect of third party information or other
material made available on, or which can be accessed, using this
website.
- Bite of the Cherry provide the website features as
described in the quotations received. All quotations are valid for 30
days, unless otherwise stated or 3rd party services, of which we have
no control, are altered.
- Bite of the Cherry reserves the right to revise and amend a quote to a customer where needed.
- Bite of the Cherry will required a
50% deposit to be paid prior to commencement of work on account of fees
likely to be incurred.
- The following payment terms shall
apply unless specifically varied in writing by Bite of the Cherry, upon
confirmation by the client: all UK fees quoted are exclusive of VAT,
VAT is chargeable in respect of any goods, work or services supplied by
Bite of the Cherry in the United Kingdom, at 17.5% and will be added to
payments otherwise due. Taxes applicable to other countries will be
added as per the standard terms of business within that country.
- An
invoice for the remaining 50% of the fees will be presented to the
client on completion of the services provided and will be due for
payment strictly within 10 days of submission.
- Additional
features to websites, including extra database services, specific
hosting requirements, animations that are not included in the quotation
are subject to surcharge. In the event a feature is required which has
not been included in the quotation Bite of the Cherry will give notice
prior to implementation and seek acceptance of the surcharge. The cost
will be added to the final invoice unless the amount exceeds £500+VAT
in this case an interim 50% invoice shall be issued with
payment due before completion, the remaining 50% will be added to the
final invoice.
- In the event that full payment is made later
than required or if only partial payment is made, Bite of the Cherry
may at its discretion charge for administration costs and interest on
any monies owed at either the rate of 2% interest per month, calculated
weekly and compounded monthly. Failure to apply such charges does not
constitute a waiver of the option to charge.
- In the event
that the client chooses or Bite of the Cherry uses third party
organisations for web site hosting, bandwidth allowances are included
in hosting, any excess charges relating to the amount of traffic
generated by clients websites are fully payable by the client. No
guarantees of service can be made by Bite of the Cherry on behalf of
the host. If special requirements / guarantees of service are required
then please contact us
and we shall do our best to find a company to match the said
requirements. Any guarantees of service are made between the Hosting
Company and the client, Bite of the Cherry cannot offer or enforce any
such agreement.
- Bite of the Cherry reserves the right to
withdraw its services at its entire discretion. Upon such withdrawal of
its services, Bite of the Cherry shall be under no liability whatsoever
to the Client for any costs, losses and damages, howsoever arising,
that the Client may incur or may have incurred.
- It is hereby
agreed between Bite of the Cherry and the Client that in the event that
any monies are owed and overdue to Bite of the Cherry, Bite of the Cherry will withdraw its services. Bite of the Cherry may remove
any material stored upon any computer or server and shall retain such
material, and shall not be liable for any loss monetary or otherwise
and not be under any obligation to return or provide access to, any and
all documents, domains, papers, etc. belonging to the Client until payment is
made in full.
- Copyright in all documents, papers, etc.
prepared or caused to be prepared by Bite of the Cherry is expressly
reserved by Bite of the Cherry unless otherwise stated.
- Bite of the Cherry will not be held responsible for the failure in any of the
services provided by a third party to Bite of the Cherry for the
Client, this may include but is not restricted to web site hosting,
internet promotions, third party multimedia provisions.
- All
completed websites become the property of the client, subject to all
accounts being paid, with the following restrictions on use: 1) Only
one instance of a website can be made available on the World Wide Web
or any Intranets / Extranets unless a licensing agreement has been
reached; 2) Database Connection strings will not be divulged to the
client due to security risks. (These strings would in any event need
amending if the site was to be moved to an alternative host / server);
3) No portion of the coding can be copied / duplicated or redistributed
in any form electronic or otherwise unless a licensing agreement has
been reached; Please note that upon request web site files can be
provided via electronic mail, or on CDR media (surcharge of £10+VAT).
- In the event of a problem with your website Bite of the Cherry will endeavor to solve the discrepancy as quickly as
possible. Please email and describe any problems that you may be experiencing. Bite of the Cherry cannot accept responsibility for any loss either monetary or
otherwise due to web site failure or misuse. All data and information
stored in an online database remains the property of the client along
with any rights associated.
- Once work has commenced, which is
only taken up once Bite of the Cherry receive the clients 50% initial
payment, no refunds will be given.
- Unless
otherwise explicitly agreed and stated, the Company’s
responsibility is limited to designing customers’
websites and excludes the update, use, altering,
maintenance, troubleshooting etc. of the customer’s
website/s once online. The Company reserves the right to
request additional payment to cover any or all of such
work and/or to refuse to undertake such work.
- Where the Client fails to supply materials or written content that prevents progress for more than 14 days, Bite of the Cherry reserves the right to invoice
the Client for any part or parts of the project already completed.
- Where the Client cancels the project for any reason whatsoever, Bite of the Cherry reserves the right to invoice the client for any part or parts of the project already completed.
Disclaimer
Bite of the Cherry makes no warranties of any kind, express or implied, for any
and all products and/or services that it supplies. Bite of the Cherry
will not be held responsible for any and all damages resulting from
products and/or services it supplies. Bite of the Cherry is not
responsible for any loss, or consequential loss of data, or
non-delivery of products or services, of whatever cause. The customer
agrees not to hold Bite of the Cherry responsible for any such loss or
damage. Any claim against Bite of the Cherry shall be limited to the
relevant fee(s) paid by the customer.
Bite of the Cherry reserves the right to use the services of sub-contractors,
agents and suppliers and any work, content, services and usage is bound
by their Terms and Conditions. Bite of the Cherry will not knowingly
perform any actions to contravene these and the customer also agrees to
be so bound.
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