The following are the legal terms of agreement set to govern the business partnership between (‘Client’) and Nick Clarke (‘Web Design Service Provider’). Please read this agreement carefully. By giving consent and going ahead with the partnership, you indicate that you have read and clearly understood the contents of the aforementioned contractual terms and conditions, and agree to be bound by this agreement.
The spirit of the Terms of Service (ToS) is to ensure customers are using Nick Clarke’s services in conformity with the requirements of Nick Clarke’s environment. The ToS is not exhaustive and Nick Clarke reserves the right to add, delete, or modify any provision of its ToS at any time without notice, effective upon either the posting of the modified ToS to www.nickclarkewebdesign.co.uk/tos.html or notification of the modified ToS. Any complaints about a customer’s violation of the ToS should be sent to nickclarkewebdesign@gmail.com The ToS supersedes any other agreement with Nick Clarke, whether written, oral, by conduct, or otherwise.
1. AUTHORISATION
The above-client is engaging Nick Clarke, a web designer, as an independent service provider for the specific project of creating and developing a website. The client hereby authorises Nick Clarke to access any accounts, and any other directories or programs, which need to be accessed for this project. The client also authorises Nick Clarke to publicise their completed website to web search engines, as well as other web directories and indexes.
2. SERVICE ELEMENTS
Nick Clarke will implement the features and specifications as stated in the invoice issued to the client. The content of the website will be supplied by the client. In the case whereby the client wishes for additional services to be rendered beyond what has been agreed upon in the original invoice, the client is to pay Nick Clarke an additional £20 per hour, unless stated otherwise. Nick Clarke reserves the right to amend this hourly pricing, subject to prevailing market conditions. The entire job scope will be tied back to the original invoice.
3. COPYRIGHT AND TRADEMARKS
The client presents to Nick Clarke and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Nick Clarke for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Nick Clarke and its subcontractors from any claim or suit arising from the use of such elements furnished by the client. The copyright of the design of the client’s site that is created by Nick Clarke remains Nick Clarke’s design copyright. The client may use this site for the business or purpose it was created for, move it to any other server and modify the code in any way as pleased. The client may not, however, use the design for other websites by either selling the design or copying the site codes for another site external to the purpose it is created for.
4. LAWS AFFECTING ELECTRONIC COMMERCE
From time to time, the government enacts laws, and levies taxes and tariffs affecting Internet electronic commerce. The client agrees that he/she is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect and defend Nick Clarke from any claim, suit, penalty, tax, or tariff arising from the client’s exercise of Internet electronic commerce.
5. BACKUP OF DATA
Except where Nick Clarke has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Nick Clarke is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in conjunction with Nick Clarke services.
6. PAYMENT OF FEES
Payment for services rendered by Nick Clarke must be paid promptly. Delinquent bills will be assessed a £10 charge per month if payment is not received within 30 days of the due date. Nick Clarke reserves the right to remove web pages from viewing on the Internet until final payment is made.
7. CANCELLATION OF CONTRACT
This contract binds the client to a partnership with Nick Clarke. Should the client decide to terminate the contract at any point in time, the client must compensate Nick Clarke with 75 per cent of the agreed total cost of the project. In the case where Nick Clarke has fulfilled all the requirements of the project at the point of termination as referenced in the invoice, the client is to make the full payment of the agreed total cost of the project.
In the case of plans and subscription-based services, plans will automatically renew until a plan is cancelled. In order to cancel service, you must contact Nick Clarke through email at nickclarkewebdesign@gmail.com Nick Clarke will assist you with the cancellation process.
Cancellation requests must be received by Nick Clarke a minimum of sixty (60) days prior to the end of your Billing Cycle for all plans. Cancellations submitted later than this time may result in automatic renewal of your plan. Cancellations become effective on the day processed by Nick Clarke. Nick Clarke will confirm the cancellation request when it is processed. If you do not receive a confirmation, it will be taken that your cancellation has not yet been processed. In such a case, please contact Nick Clarke as soon as possible. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account.
Nick Clarke reserves the right to cancel any account, whether subscription or project-based, at any time, without notice, for any reason Nick Clarke considers appropriate.
8. SOLE AGREEMENT
The agreement contained in this contract constitutes the sole agreement between Nick Clarke and the client regarding the creation, design and development of a particular website, as well as all other services as specified in the contract. Any additional work not specified in this contact must be authorised by a written change order. All prices specified in this contract will be honoured till otherwise stated. Continued services after which will require a new agreement.
9. INDEMNIFICATION
The Client agrees to protect, defend, hold harmless, and indemnify Nick Clarke, any third party entity related to Nick Clarke (including, without limitation, third party vendors), from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the client’s use of Nick Clarke’s services.
10. DISCLAIMER
The Nick Clarke web design service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Nick Clarke expressly disclaims any representation or warranty that the Nick Clarke web design service will be error-free, secure or uninterrupted. No oral advice or written information given by Nick Clarke, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Nick Clarke and its suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL NICK CLARKE (INCLUDING, WITHOUT LIMITATION, NICK CLARKE'S CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING NICK CLARKE’S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR NICK CLARKE SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY NICK CLARKE WEB DESIGN SERVICES EVEN IF NICK CLARKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NICK CLARKE’S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR NICK CLARKE’S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY NICK CLARKE OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL STERLING AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 12-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
12. REFUND POLICY
Nick Clarke adopts a strictly no refund policy, except for extraordinary instances as deemed fit at Nick Clarke’s discretion. Refunds will be provided in the form of cheque payments only. An administrative fee of £10.00 is applicable for United Kingdom clients and £20 for overseas clients. Refunds under normal circumstances will take 10-21 working days for United Kingdom clients and 30-60 working days for overseas clients. Nick Clarke reserves the right to delay or withhold refunds for reasons it deems fit.
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