General Terms and Conditions
Definitions: In this agreement the terms have the following meanings:
- Pragati Design or Pragati Media or Pragati is the trading name for KSLM ltd. Which will from here forth known "The Company"
- "The Client" means any person, company, partnership, organization or body at whose application, Pragati Design agrees to provide the products and/or services under the terms of the agreement.
- "The Agreement" means the contract between "The Company" and the "The Client" to which these conditions will apply.
- "The Order Form" means the digital or printed document completed by the client in order to enter the Agreement.
- "Order" is the request by the Client for products and/or services in the order form/agreement
- "Deliverables" are the outputs of services to be supplied under the agreement and shall include but are not limited to, all software and written material, including programs, tapes, listings and other programming documentation.
Acceptance of Terms
The following Terms and Conditions ("the Conditions") are the terms on which The Company provides services and supersedes all other terms and conditions. The Company shall provide services to The Client as described and specified in the proposal provided by The Company to The Client.
These Conditions shall be governed by the laws of England and Wales and the parties hereby submit to the non-exclusive jurisdiction of the Courts of England and Wales. The headings in these Conditions are inserted for convenience of reference only and are not intended to be part of, or to affect the meaning, or interpretation of any of the Conditions.
If any term or provision of these Conditions is held invalid illegal or unenforceable for any reason by any Court of competent jurisdiction, such provision shall be severed, and the remainder of the provisions shall continue in full force and effect.
Scope
This agreement shall apply to all goods and/or services ordered by The Client from The Company
Payment
The following payment terms are applicable to all orders unless otherwise agreed in writing by the director of the company:
- Orders of £600 or less
100% - payment in advance
- Orders over £600
50% of total project cost on placement of the order
30% of total project cost on completion of 50% of project
15% of total project cost on completion of 75% of project
5% of total project cost on completion of project.
- Whilst any payment due under the agreement remains outstanding, The Company shall be entitled at its sole and absolute discretion to withhold provision of any goods or services it would otherwise be obliged to provide under the agreement.
- All payments by cheque, bankers draft or money order must be made in pounds sterling.
- All credit card and debit card transactions will be processed in pounds sterling.
- All deposits are non refundable.
- The remaining payment must be paid on time, in accordance with the invoice date. Failure to pay on time may result in interest being added to the amount owed, at 15% per annum above the Bank of England Base rate which will be calculated on a daily basis. If a job extends for longer than the estimated times or develops in a way which increases costs or times-scales, then staggered payments may be implemented until completion.
- Prices quoted on the The Company website are subject to change and should be agreed at the time of contract. Following publication and payment, websites provided on a "design only" basis are property and responsibility of the client, unless otherwise specified. Websites provided on a 'design only' basis are the property and responsibility of The Client following publication and payment, unless otherwise specified.
- If an organization ceases to trade after work has commenced, any outstanding balance must still be paid. Any errors or omissions on the Client's part are not The Company’s responsibility and therefore The Company cannot be held in any way accountable.
Discount
All discounts applied are settlement discounts and are subject to annulment for late payments
Liability
The Company hereby excludes itself, its Employees and or Agents from: - all and any liability for loss or damage caused by any inaccuracy; omission; delay or error, whether the result of negligence or other cause in the production of the web site; All and any liability for loss or damage to clients artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
General Disclaimer
The Company disclaims all warranties, either express or implied, including the warranties or merchantability and fitness for a particular purpose. In no event shall The Company be liable for any damages whatsoever including direct, indirect, incidental, consequential, loss of business profits or special damages, even if The Company or third party agents have been advised of the possibility of such damages.
Web Services
- You shall keep secure any identification, password and other confidential information relating to your account. You shall notify The Company immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.
- On reasonable notice to the Client, The Company shall take any and all steps it determines to be necessary to maintain the Services, which may include (without limitation) altering or suspending Services during maintenance. The Company will try to ensure that such maintenance, alterations and suspensions to the Services occur outside of normal business hours.
- In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.
- Provided that the Clients perform their obligations under these Conditions, The Company represents and warrants that the Services will be provided with reasonable skill and due care. The Company does not warrant that the operation of the Services will be uninterrupted, error-free or secure. The Company’s sole liability for any breach of this warranty shall be to re-perform the affected Services. In the event that The Company determines that re-performance is not commercially feasible, The Company may terminate this Agreement and will receive payment for the work to date on a pro-rata basis. What is or is not commercially feasible shall be in the sole discretion of The Company.
Hosting
- The Client represents and warrants that the following content will not be stored on or linked to The Company’s servers:
- Illegal Material – This includes copyrighted works, commercial audio, video, or music files, and any third party material or intellectual property in violation of any governmental regulation and / or without the proper authorizations.
- Adult Material – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of The Company.
- Copyrighted software that is distributed illegally – including pirated software, emulators, hacking, and password cracking. This also includes any sites which provide "links to" or "how to" information about such material.
- Spamming - i.e. the unsolicited sending of electronic mail messages is also prohibited and The Client warrants and represents that there will be no practice of spamming in connection with the Services.
The Client shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or mis-routing of email or for any other failure of email.
- The Company will not be held responsible for any inaccuracies or errors, delays or unobtainability arising from the site or the host for any reason whatsoever. Any problems with the site must be reported as soon as possible and will be rectified as soon as practical. No responsibility will be accepted as to any losses or problems arising from the site for any reason unless specifically agreed beforehand.
Domain Name Reservation
- Domain names are registered with the most suitable provider at the time. The Company reserve the right to register and host with the most suitable company. The Company assumed no responsibility whatsoever for any problems arising from these choices and the site owner must abide by any such terms put forward by the host.
- All domain names remain the property of The Company until the balance on the Clients account has been cleared in full.
Website Design
If after beginning work on an agreed quotation the user-requirements change, then these will be deemed new requirements and quoted for accordingly. Quotations provided will specify future development costs and ongoing costs, so that you can plan for future growth of the website.
Completion
- Projects will be deemed complete when:
- completion of project to client requirements, or
- forecasted completion date agreed between The Company and The Client has been reached
Which ever is sooner.
- The site will be published subject to payment as agreed in the contract, whether written or verbal.
- Where content has not been provided The Company will publish the site using "dummy content" until final content is provided by the client. Alterations following publication will be charged unless otherwise agreed by the company.
- Where the project is to be published at a location provided by the client, this will be made available to the company at no later time than completion of 50% of the project. Where the details of this location are not provided by the client, the project will be published to a space provided by The Company and will be billed to the client at The Company current rates.
- All original designs, artwork, original graphics and photography remain the sole property of The Company, and may not be used or reproduced by any means without prior consent. All offers are subject to contract.
- The Company reserves the right to add a link back to the The Clients website.
- The Company reserves the right to alter these terms without notice, and whilst every effort is made to be accurate and up-to-date, errors and omissions are excluded.
Termination Provisions
The Company reserves the right to suspend or terminate all or part of the Services with immediate effect, where there has been a breach by The Client of these terms and conditions or failure to pay Charges outstanding. Either Party may terminate the Services with or without cause on giving 30 days written notice to the other. Termination of this agreement will be without prejudice to any accrued rights of either party.