Terms and conditions
In using this website and/or commissioning services from Webmaker you are deemed to have read and agreed to the following terms and conditions.
Exclusions and limitations
The information on this web site is provided on an 'as is' basis. To the fullest extent permitted by law, this company:
excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the company's literature; and
excludes all liability for damages arising out of or in connection with your use of our services or this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of events or you have advised this company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights are affected.
Acceptable methods of payment include cash, company or personal cheque, PayPal credit, bankers' draft and BACS transfer. Cheques should be made payable to Hayes Anderson Limited. Our terms are payment in full within thirty days. Monies that remain outstanding by the due date may incur late payment interest charges at the rate of 1% above the prevailing Bank of England's base rate ('base rate') on the outstanding balance, rising to 2% above base rate after 60 days, until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection agencies and/or, in the event that the outstanding balance does not exceed £3000, through the Small Claims Court. In such circumstances you shall be liable for any and all additional administrative and/or court costs.
Returned cheques will incur a £25 charge to cover banking fees and administrative costs. In an instance of a second returned cheque, we reserve the right to terminate the arrangement and we shall insist on future cash transactions only. Consequently, all transactions, projects and undertakings entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
All intellectual property created by Webmaker, including but not limited to text, HTML code, scripts, programming code, page design, photographs, graphics, logos, illustrations, PDFs, video and audio content, brochures and other marketing collaterals, shall remain the property of Webmaker until the project has been paid for in full at the agreed price. Specifically, Webmaker shall be under no obligation to hand-over any such materials to the client until the complete project has been paid for in full at the agreed price.
A minimum of seven days notice of cancellation of any project is required. Notification should be made in writing via letter or email to Webmaker Limited, The Homestead, London Street, Whissonsett, Norfolk NR20 5ST, United Kingdom; E: email@example.com.
Copyright and other relevant intellectual property rights exist on all the company's services and the full content of this website. Copyright and intellectual property rights on client websites created by Webmaker will usually transfer to the client only upon receipt of payment from the client in full at the agreed price. Copyright in original commissioned photography and illustration often remains with the photographer or illustrator responsible for the work, and may therefore either not transfer or will transfer in return for an additional fee.
You are solely responsible for evaluating the fitness for a particular purpose of any website, web content or other service provided by Webmaker. Redistribution or republication of any part of this site, or the content or code of any client site created by Webmaker, is prohibited, including such by framing or other similar or any other means, without the express written consent of the company. We do not warrant that the service from this site or a client's site will be uninterrupted, timely or error free, although it is provided to the best of our ability. By using our services you thereby indemnify this company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Termination of agreements and refunds policy
Both the client and ourselves have the right to terminate any project undertakings for any reason, including the ending of services that are already underway. No refunds shall be offered where a project is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused services, shall be refunded.
Log files and cookies
We use IP addresses to analyse trends, administer the site, track users' movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times, URL requests, and referral URLs. This information is not shared with third parties and is used only within this company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links to this website
Unless we expressly advise otherwise, you may freely create a link to any page of this website without our prior written consent. However, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party's websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. We are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any sensitive information to them. This company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of sensitive information.
Neither party shall be liable to the other for any failure to perform any obligation under any agreement which is due to an event beyond the control of such party including but not limited to any 'Act of God', terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party affected by such event shall inform the other party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any agreement contained herein.
Failure of either party to insist upon strict performance of any provision of this or any agreement or the failure of either party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any agreement. No waiver of any of the provisions of this or any agreement shall be effective unless it is expressly stated to be such and signed by both parties.
The laws of England and Wales govern these terms and conditions. By accessing this website and commissioning or purchasing our services you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the company to enforce any of the provisions set out in these terms and conditions and any agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these terms and conditions or of any agreement or any part thereof, or the right thereafter to enforce each and every provision. These terms and conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the company.
Notification of changes
These terms and conditions form part of the agreement between the client and us. By accessing this website and/or entering into a project undertaking with us you indicate your understanding, agreement to and acceptance, of the disclaimer notice and the full terms and conditions contained herein. Your statutory rights are unaffected.
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