Terms of Service
General Terms and Conditions
1.1.1 All Website
Design, Hosting and other services (“Services”) provided by designedgate.co.uk to
you the Customer and/or Client (“You/you”) are subject to the following Terms
and Conditions (“Conditions”).
1.1.2 These Conditions supersede all previous representations, understandings or agreements, unless otherwise confirmed by designedgate.com authorized staff in writing.
1.1.3 By instructing designedgate.com to provide a Service you agree and accept these Conditions as governing the agreement between designedgate.com and You. We are however under no obligation to provide services to you and only our acceptance of your instructions shall form the contract between us (the “Contract”).
1.1.4 An electronic copy of these Conditions can be found on our website, www.designedgate.co.uk (“Our Website”).
1.2 Charges and Payment
1.2.1 Estimated charges for the Services are generally set out in an email or document provided to you (“Project Proposal”). These charges are subject to change. If there are any changes in these estimates we will contact you prior to providing the Services.
1.2.2 designedgate.com will invoice for the Services provided. Payment is due within upon receiving the invoice or before the service is instated or renewed, whichever is sooner.
1.2.3 All charges payable by you to designedgate.com shall be in accordance with the relevant scale of charges and rates detailed in the Project Proposal and are exclusive of Value Added Tax.
1.2.4 Without prejudice to our other rights and remedies under these Conditions, if any sum payable is not paid by the due date, designedgate reserve the right, to suspend the provision of any Services to You. On settlement of any outstanding sums normal services will be reinstated subject to an administration fee of £35.
1.2.5 Accounts that remain unpaid 14 days after the date of the invoice will be subject to an interest charge of 8% per annum above the base rate of the Bank of England from time to time.
1.2.6 You agree that you are liable for any reasonable costs incurred by designedgate.co.uk (including legal fees and expenses) in seeking to recover outstanding sums owed by you.
1.2.7 Accounts unpaid 14 days after the date of the invoice will be considered in default. If you are in default and maintain any information or files on our web space, we will, at our discretion, remove all such material from our web space for so long as your account is in default. We are not responsible for any loss of data incurred due to the removal of the service in these circumstances. Removal of such material does not relieve you of the obligation to pay any outstanding charges assessed to your account.
1.3.1 Termination of any Services by you must be requested in writing with 7 days notice. For the avoidance of doubt, this does not include E-mail.
1.3.2 We may terminate this agreement upon written notice if you breach any of these conditions and you fail to correct the breach within 7 days following written notice from us specifying the breach, or if you are a company you go into insolvent liquidation, or if you are a person you are declared bankrupt. On termination of the Contract we shall be entitled immediately to cease to provide the Services and hold hosted equipment files until all outstanding invoices are settled.
To the fullest extent permitted by law, we hereby exclude all conditions, terms, representations (other than fraudulent representations) and warranties relating to the goods and/or services that we supply to you under this agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose.
1.5.1 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with this contract shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within 1 year of it arising. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
1.5.2 You agree that you shall defend, indemnify, save and hold designedgate.co.uk harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against designedgate.co.uk, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by you, your agents, employees or assigns on your website. You agree to defend, indemnify and hold harmless designedgate.co.uk against liabilities arising out of :(a) any injury to person or property caused by any products sold on your website;
(b) any material supplied by a customer infringing or allegedly infringing on the proprietary rights of a third party;
(c) any defective products sold to customers from any website developed or hosted by us.
1.5.3 designedgate.co.uk will not be responsible for loss occasioned by computer viruses, whether introduced by designedgate.co.uk software or otherwise.
1.5.4 To protect your privacy designedgate.co.uk will not distribute your name or e-mail address to any third party.
1.5.5 designedgate.co.uk reserve the right to remove material deemed inappropriate from your web pages, without prior notice.
1.5.6 designedgate.co.uk shall not be held liable for any loss or damage caused by the use, misuse, unavailability or removal of Services.
1.5.7 designedgate.co.uk shall expeditiously seek domain registration and domain renewal – designedgate.co.uk shall not be liable in the event of the domain having been registered by some other person by the time designedgate.co.uk seeks registration or reregistration without any other liability on the part of designedgate.co.uk for loss by the client.
1.6. The Project Proposal
If you wish to change the scope of any of the Services set out in the Project Proposal you must notify us immediate in writing following which notification we shall advise as to whether we are able to accommodate the change and if so, whether this will affect the cost set out in the Project Proposal. If we are unable to accommodate any changes and/or you do not agree with the revised costs then you may terminate this agreement subject to payment in full of any outstanding sums due to us for the work done until the date of termination.
1.7 Designedgate.co.uk obligations
1.7.1 Designedgate.co.uk shall use reasonable endeavours to manage and complete the Project, in accordance in all material respects with the Project Proposal.
1.7.2 designedgate.co.uk shall use reasonable endeavours to meet the performance dates specified in the Project Proposal, but any such dates shall be estimates only and time shall not be of the essence of the Contract.
1.8 Your obligations
1.8.1 You shall: (a) co-operate with designedgate.co.uk in all matters relating to the Project;
(b) if necessary, provide access to your premises and data as is requested by designedgate.co.uk;
(c) provide such information as designedgate.co.uk may request, and ensure that such information is accurate in all material respects; and
1.8.2 If designedgate.co.uk performance of its obligations under the Contract is prevented or delayed by any act or omission by you or your agents, sub-contractors or employees, you shall in all circumstances be liable to pay to designedgate.co.uk on demand all reasonable costs, charges or losses sustained or incurred by it (including, without limitation, any direct or indirect consequential losses, loss of profit and loss of reputation, loss or damage to property, injury to or death of any person and loss of opportunity to deploy resources elsewhere), subject to the Supplier confirming such costs, charges and losses to you in writing.1.8.3 You shall not, without the prior written consent of designedgate.co.uk, at any time from the date of the Contract to the expiry of six months after the completion of the Services, solicit or entice away from designedgate.co.uk or employ or attempt to employ any person who is, or has been, engaged as an employee or sub-contractor of designedgate.co.uk.
1.8.4 You shall provide designedgate.co.uk with material necessary for designedgate.co.uk to complete the Project Proposal. designedgate.co.uk can not be held liable should the necessary material required to design a website, or any other design project, is not forthcoming.