By placing an order with F&C Associates Limited, you confirm that you are in agreement and bound by the terms and conditions below.
The Client: The company or individual requesting the services of F&C Associates Limited.
F&C: F&C Associates Ltd (company number 3594868) whose registered office is at 3 Beamont Walk, Brockworth, Gloucester, Gloucestershire, GL3 4BL and any subsidiary or agent of F&C Associates through which the services are sold.
Order:A purchase order in respect of the services completed or agreed by the Client and submitted to F&C.
F&C will carry out work only when an agreement is provided either by email, mail or fax. F&C will carry out work only for clients who are 18 years of age or above.
A quotation will not be binding on F&C and will only come into being upon acceptance by F&C of the Order by signing or counter-signing the date of the Order and returning to the Client.
Any variation of the details of the Order must be confirmed in writing by F&C.
Quotations produced by F&C will remain open for acceptance by the potential Client for 14 (fourteen) days from the date of the Quotation or some other period that is specified within the quotation.
The minimum length of any ongoing website services purchased will be 12 (twelve) months.
The price payable for services shall be that stated on the relevant quotation and produced as part of the Order and contract.
A non-refundable deposit for the services specified on the order of 30% of the value shown on the Order will be required before commencement of work.
F&C will invoice the Client for all services (less any deposit paid) on completion of the web site. Invoices shall be payable by the Client within 30 (thirty) days of the invoice date.
Payments can be made by cheque or by bank draft or electronic transfer directly into the company bank account.
If the client fails to pay any amount due to F&C under this agreement on the specified date then default interest at the rate specified by the Late Payment of Commercial Debts (Interest) Act 1998 shall be added to the amount for the period from the day after the due date until date or receipt. This will include any reasonable and proper amounts incurred by F&C in seeking to recover late payment from the Client (including and without limitation, legal fees).
F&C reserve the right to credit check any person or company using F&C's services. Credit information found may result in Clients being asked to pay a larger deposit or the whole amount before commencing work. We also reserve the right to refuse any work based on information found.
The Client unconditionally guarantees that any element of text, graphics, photography or other artwork given to F&C for inclusion in the web design project are owned by the Client or that the Client has full permission from the copyright holder to use each of these elements for commercial use. The Client will therefore defend F&C and any of its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
All creation files will remain the intellectual property of F&C on completion. The Client will not have the rights to sell copies of the website or to copy the code for other projects.
F&C shall be free to use, display and create derivative works and distribute any item from the Client's web pages unless specifically agreed to do otherwise.
F&C will try to improve your search engine results in response to a search engine request. We do not guarantee any position.
F&C will not be responsible for any changes to the position of your website in search engine results on performing a search.
F&C will not be liable to the Client for any indirect or consequential losses or any losses of profits purported to have been suffered by the Client.
F&C shall not be liable for any failure in the performance of any of its obligations under the agreement caused by factors outside its control.
The Client acknowledges and agrees that F&C shall produce the website based on information provided to it by the Client.
It shall be the responsibility of the Client to review and approve the content of the website, including and not limited to accuracy of copy, at the time of completion by F&C to the Client.
F&C shall have no liability to the Client for any inaccuracies in the website if and to the extent that the Client has failed to review and/or approve (or require amendment) provided by the Client to F&C.
F&C may at its discretion suspend or terminate the supply of any goods and services if the Client fails to make payments when they are due to F&C or otherwise defaults in any of its obligations under the Contract or any other agreement with F&C.
F&C may also terminate the supply of any goods or services if the Client becomes insolvent, has an administation receiver appointed for any of its business or is compulsorily or voluntarily wound up or F&C believes that any of those events may occur and in any case of termination may forfeit any monies paid.
F&C may by written notice terminate the Agreement immediately and without liability for compensation or damages except as mentioned in this agreement if the Client fails to make payment as specified above.
Any contract cancelled during the first twelve (12) months will incur a penalty charge of £150.
The invalidity, illegality or un-enforceability of any provision of these conditions should not affect the other conditions.
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. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
The Client shall indemnify F&C and keep F&C 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 F&C with the Client's instructions, whether express or implied.
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.