In these conditions, unless the context requires otherwise:
1.1. “Buyer” means the company, firm, body or person purchasing the Services from pabritannia Ltd;
1.2. “Complete” means the Buyer confirms the Contract has been satisfied;
1.3. “Contract” means a contract, subject to these conditions, for the provision of the Services between pabritannia Ltd and the Buyer;
1.4. “Contract Completion Form” means the form the Buyer signs or confirms digitally to confirm the Contract is Complete;
1.5. “Product” means any item purchased specifically through our website and online payment;
1.6. “Services” means the services specified in the Scope Document;
1.7. “Terms and Conditions” means the terms and conditions of supply set out in this document and forms part of the Contract.
2.1. The Contract will be subject to these conditions.
2.2. The Contract will come into effect once the Terms and Conditions are signed or digitally signed by the Buyer and pabritannia Ltd
2.3. For online purchases of our Products and Services the Contract will come into effect once the Terms and Conditions has been accepted by the Buyer and payment has been received by pabritannia Ltd
2.4. No variation to Terms and Conditions will be accepted unless agreed in writing by pabritannia Ltd
Any verbal quotations pabritannia Ltd may give are for guidance purpose only. They are not binding and are subject to written confirmation.
pabritannia Ltd shall add to the price an amount equal to any VAT or other sales tax or duty applicable.
5. Terms of Payment
5.1. For online purchases of our Products and Services payment terms will be set out online.
5.2. pabritannia Ltd Ltd normally charge full amount before any work begins.
6.1. It is the Buyer’s responsibility to provide any information requested by pabritannia Ltd in an organised and timely manner.
6.2. It is the Buyer’s responsibility to provide accurate and concise information including text, images and page layouts.
6.3. Any amendments due to inaccurate information provided by the Buyer may result in an additional administration charge.
6.4. Communication between the Buyer and pabritannia Ltd will be conducted by email and message boards unless otherwise specified.
6.5. If the level of communication required becomes unreasonable, pabritannia Ltd reserves the right to charge an administration fee to Buyer.
6.6. pabritannia Ltd reserves the right to apply a reasonable amount of time (a minimum of 1 week) in addition to any estimates or timescales applied for implementing content such as adding or amending text or images.
The Buyer unconditionally guarantees that any element of text, graphics or other artwork furnished to pabritannia Ltd for inclusion in the website are owned by the Buyer, or that the Buyer has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend pabritannia Ltd from any claim or suit arising from the use of such elements furnished by the Buyer.
pabritannia Ltd makes every effort to design pages which display and function reasonably in the most popular current browsers, devices and operating systems but cannot accept responsibility for pages which do not display and function reasonably in new/undefined versions of browsers, devices or operating systems not agreed in the Contract
pabritannia Ltd reserves the right to initially place the developed website on one of pabritannia Ltd demonstration servers for the Buyer to review and confirm the project has been delivered.
11. Responsibility for approving the website
11.1. The Buyer acknowledges and agrees that pabritannia Ltd shall produce the website based on information provided by the Buyer.
11.2. It shall be the responsibility of the Buyer (and not pabritannia Ltd) to review and confirm the agreed idea has been delivered.
11.3. pabritannia Ltd shall have no liability to the Buyer for any inaccuracies in the delivery of the website if and to the extent that the Buyer has failed to review and request amendments prior to the Contract being declared Complete.
12. Delivery & Completion Dates
Delivery and completion dates are defined in the Contract and are estimates.
13. Completion of the Contract
13.1. pabritannia Ltd will invoice the Buyer (where defined in the Contract) for the full amount due for the Contract. On receipt of full payment and completion of the project pabritannia Ltd will publish the website on the agreed server.
13.2. The Buyer will complete a Contract Completion Form to declare the contract complete. If this form is not returned within 7 days the Contract will automatically be declared Complete and the Buyer will forfeit any further rights within these terms and conditions.
pabritannia Ltd does not undertake to maintain or update any of the defined projects once the Contract is Completed, unless defined specifically in the Contract.
WARRANTY AND LIMIT OF RESPONSIBILITY
15. Warranty and Limit of Responsibility
pabritannia Ltd shall not in any circumstances be liable to the Buyer for any indirect or consequential losses or any loss of profits purported to have been suffered by the Buyer.
16. Indemnity – Servers, Emails, Cookies and Domain Names
You indemnify pabritannia Ltd from any legal action involving your servers, emails, cookies and domain names from any parties however so caused.
pabritannia Ltd shall have no liability arising from any financial loss arising from any registered mailbox not being available.
18. Ecommerce Functionality
pabritannia Ltd will accept no liability for any financial loss resulting from the use of any ecommerce functionality.
19. Website Optimisation (SEO)
pabritannia Ltd cannot be held responsible for any changes to the position of any of the Buyers Web Sites, pages or listings in any Search Engine results in response to a search or any other activity.
20.1. The Buyer understands that server downtime and disruption is normal and does not hold pabritannia Ltd responsible in any way.
20.2. The Buyer does not hold pabritannia Ltd responsible for any financial loss or loss of any kind with regards to the servers or any other associated system or software.
20.3. Where applicable and defined in the Contract the free server hosting starts from the date the Contract is received.
20.4. Hosting provided by pabritannia Ltd is billed automatically monthly in advance from the end date of the last Contract.
20.5. pabritannia Ltd will not provide access to its servers at any time to the Buyer.
21. Domain name
pabritannia Ltd will accept no liability for any financial loss resulting from a domain not being renewed or any other problem resulting from an issue with the domain name.
22.1. It is the Buyer’s responsibility to prove any credentials required by pabritannia Ltd
22.2. It is the Buyer’s responsibility where pabritannia Ltd requires access to the Buyer’s servers, software or other infrastructure to provide the correct credentials, information and permissions in a timely manner.
22.3. It is the Buyer’s responsibility to ensure all credentials are stored safely and changed on completion of the project
23.1. pabritannia Ltd may at its discretion suspend or terminate the Contract immediately without liability for compensation or damages in the event that the Buyer is in breach of its obligations under the Contract and/or the Buyer suffers any event of insolvency or is or becomes unable to pay its debts as they fall due.
23.2 pabritannia Ltd reserves the right to suspend its services if there are reasonable grounds to believe that any aspect of the service is being used for illegal or fraudulent purposes.
23.4. All instructions to cancel orders on a monthly basis must be received in a written format by email or our solution centre one (1) month in advance of the payment date
23.5. Any order for Products or Services placed or purchased from pabritannia Ltd are non refundable.
24. Suspension and Removal of Service
24.1. pabritannia Ltd may at its discretion suspend or remove any Buyer from any Products or Services immediately without liability for compensation or damages.
24.2. pabritannia Ltd may at its discretion suspend or remove any Buyer from any Products or Services immediately without liability for compensation or damages in the event that the Buyer is in breach of its obligations under the Contract and/or the Buyer suffers any event of insolvency or is or becomes unable to pay its debts as they fall due.
24.3. pabritannia Ltd reserves the right to suspend and remove its services if there are reasonable grounds to believe that any aspect of the service is being used for illegal or fraudulent purposes.
25 Ownership of Code
pabritannia Ltd reserves the right to own all source code provided or created by pabritannia Ltd at all times and we do not grant any other party the legal right to copy, resell, distribute or plagiarise any or part of the source code that makes up any or part of our products or services.
26. Third Party Claims
The Buyer shall indemnify pabritannia Ltd and keep pabritannia Ltd indemnified from and against any and all actions, costs (including, without limitation, the cost of defending any legal proceedings), claims, proceedings, accounts and damages in respect of any infringement or alleged infringement by a third party of any patent, registered design, unregistered design, design right, copyright, trade mark or other industrial or intellectual property rights resulting from compliance by pabritannia Ltd with the Buyer’s instructions, whether express or implied.
27. Assignment & Sub-Contracting
None of the rights or obligations of the Buyer under the Contract may be assigned or transferred in whole or in part without the prior written consent of pabritannia Ltd
28.1. Any notice or other communication to be given under these conditions must be in writing.
28.2. Any notice or document shall be deemed served if recorded as delivered either by post, email, message board or any other digital format.
The invalidity, illegality or un-enforceability of any provision of these conditions should not affect the other conditions.
30. Third Party Rights
30.1. A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
30.2. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
31. Law & Jurisdiction
The Contract shall be governed by and construed in all respects in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts.
I agree I have read the terms and conditions and am legally bound by them.