|
||||||||||||||||
|
||||||||||||||||
|
Thames Valley Interactive provides web site design, software design and is a reseller of web hosting and domain names. Thames Valley Interactive reserves the right to suspend or cancel a customer`s access to any or all services provided by Thames Valley Interactive when Thames Valley Interactive decides that the account has breached the Terms of Service.  All of our design work, including website design, software design and database design is covered by individual contracts which must be signed by both parties before commencement of work. The following generic terms and conditions are included in all contracts. Both parties will agree on a specification for the project which will be signed by both parties. Any additional work which does not form part of the specification will be charged to the client at Thames Valley Interactive`s standard hourly rates. Unless agreed in a separate maintenance contract, TVI is not under obligation so provide ongoing support via telephone, email or any other means. Any bugs or functional errors will be fixed up to 1 month after the delivery of the project. After this time all additional work will be charged at Thames Valley Interactive`s standard hourly rate. payment policy Thames Valley Interactive allows customers 30 days to pay for any design work unless specified in a seperate contract. Customers may pay by cheque or BACS transfer. All funds must be cleared by the end of the 30 days, at which point Thames Valley interactive may withdraw ongoing services and/or take necessary steps to reclaim any monies owed. intellectual property rights All pre-registered marks and names remain the intellectual property of the customer , including all domain names. All design and graphic work (front-end design) undertaken by Thames Valley Interactive, including logos and interface design will remain the intellectual property of Thames Valley Interactive until payment is received. Any source code, software, database schemas (back-end design) , including all HTML and Javascript remains the intellectual property of Thames Valley Interactive at all times and Thames Valley Interactive are free to re-use this work as they wish. Thames Valley Interactive is under no obligation to supply copies of any source code unless otherwise agreed. All source code, software and scripts are provided to the customer on a non-exclusive license basis which may be revoked at any time. Any such work may not be copied or distributed to any other company or individual without the written consent of Thames Valley Interactive. copyrighted material If any copyrighted material other than the holder of the account`s own is to be used in any design work undertaken by Thames Valley Interactive, Thames Valley Interactive must receive a signed photocopy or original letter giving explicit, specific permission from the copyright holder. Thames Valley Interactive cannot be held responsible for copyrighted material supplied to Thames Valley Interactive by the customer to be used in design work. It is the customers responsibility to ensure it is the owner of any copyrighted material used. dispute resolution If case of any dispute arising during this project, the Managing directors of both companies should meet to attempt an amicable resolution. These terms and conditions are governed by English law and in the event of litigation English courts will have jurisdiction. indemnification Customer agrees that it shall defend, indemnify, save and hold Thames Valley Interactive harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney`s fees asserted against Thames Valley Interactive, 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 customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Thames Valley Interactive against liabilities arising out of (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Thames Valley Interactive`s server (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party (3) copyright infringement and (4) any defective products sold to customer from Thames Valley Interactive. disclaimer Thames Valley Interactive reserves the right to revise its policies at any time. In conjunction with The Supply of Goods and Services Act 1982 Thames Valley Interactive will carry out our work with reasonable care and skill. If the service is not carried with the requisite level of care and skill, the customer would be entitled to seek reimbursement for damages suffered as a result of this. statutory rights This does not affect your statutory rights as a consumer.  Thames Valley Interactive provides web site design, software design and is a reseller of web hosting and domain names. Thames Valley Interactive reserves the right to suspend or cancel a customer`s access to any or all services provided by Thames Valley Interactive when Thames Valley Interactive decides that the account has breached the Terms of Service. server use Thames Valley Interactive reserves the right to refuse service and /or access to its servers to anyone. Thames Valley Interactive does not allow any of the following content to be stored on its servers: Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation. Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material. bandwidth and server usage policy In rare cases Thames Valley Interactive may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, Thames Valley Interactive reserves the right to impose the High Resource User Policy for the consideration of all customers. hig resource user policy Resources are defined as bandwidth and/or processor utilization. Thames Valley Interactive may implement the following policy to its sole discretion: When a website is found to be monopolising the resources available Thames Valley Interactive reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby Thames Valley Interactive continues hosting the website for an additional fee. payment policy Thames Valley Interactive allow customers to pay for hosting services upfront or on a standing order basis. Customers paying by standing order should be aware that Thames Valley Interactive will provide 30 days warning in the event of non payment for any reason, after which Thames Valley Interactive reserve the right to suspend the customers account with no further warning. cancellation and refunds Thames Valley Interactive reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes Thames Valley Interactive`s Terms of Service a refund will not be issued in the event of a cancellation. If not entirely happy with the service provided by Thames Valley Interactive, customers may cancel their order within 14 days from order date without reason. Any payment made will be returned within 30 days of cancellation. Customers may cancel their account at any time. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation. Fees charged on a prepay basis are non-refundable. Customers are not entitled to receive a refund unless the service is cancelled by Thames Valley Interactive or in circumstances where Thames Valley Interactive are in breach a refund may be due. indemnification Customer agrees that it shall defend, indemnify, save and hold Thames Valley Interactive harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney`s fees asserted against Thames Valley Interactive, 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 customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Thames Valley Interactive against liabilities arising out of (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Thames Valley Interactive`s server (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party (3) copyright infringement and (4) any defective products sold to customer from Thames Valley Interactive`s server. disclaimer Thames Valley Interactive reserves the right to revise its policies at any time. In conjunction with The Supply of Goods and Services Act 1982 Thames Valley Interactive will carry out our work with reasonable care and skill. If the service is not carried with the requisite level of care and skill, the customer would be entitled to seek reimbursement for damages suffered as a result of this. statutory rights This does not affect your statutory rights as a consumer. |
|