DazzleCat Terms & Conditions
Monday 06 October 2008
Welcome to DazzleCat (DazzleCat Limited) If you continue to browse and use this
website you are agreeing to comply with and be bound by the following terms and
conditions of use, which together with our privacy policy govern DazzleCat's relationship
with you in relation to this website.
The term "DazzleCat" or "DazzleCat Ltd" or "DazzleCat Limited" or "us" or "we" refers
to DazzleCat Ltd. Registered in England and Wales. Company Number 06635663. The
term "you" or "your" or "client" or "the client" refers to the user, viewer of our
website, or commissioner of services.
The use of this website is subject to the following terms of use:
· The content of the pages of this website is for your general information and use
only. It is subject to change without notice. All prices, offerings and services
are subject to change without notice.
· Neither we nor any third parties provide any warranty or guarantee as to the accuracy,
timeliness, performance, completeness or suitability of the information and materials
found or offered on this website for any particular purpose. You acknowledge that
such information and materials may contain inaccuracies or errors and we expressly
exclude liability for any such inaccuracies or errors to the fullest extent permitted
by law.
· Your use of any information or materials on this website is entirely at your own
risk, for which we shall not be liable. It shall be your own responsibility to ensure
that any products, services or information available through this website meet your
specific requirements.
· This website contains material which is owned by or licensed to us. This material
includes, but is not limited to, the design, layout, look, appearance and graphics.
Reproduction is prohibited other than in accordance with the copyright notice, which
forms part of these terms and conditions.
· All trademarks reproduced in this website, which are not the property of, or licensed
to the operator, are acknowledged on the website.
· Unauthorised use of this website may give to a claim for damages and/or be a criminal
offence.
· From time to time this website may also include links to other websites. These
links are provided for your convenience to provide further information. They do
not signify that we endorse the website(s). We have no responsibility for the content
of the linked website(s).
· You may not create a link to this website from another website or document without
DazzleCat’s prior written consent.
· Your use of this website and any dispute arising out of such use of the website
is subject to the laws of England and Wales.
Copyright and Content
1. The Client MUST own copyright, or have reproduction rights, of all artwork, trade
names, photographs, and other materials reproduced in The Client's project. The
Client shall indemnify DazzleCat Ltd against any costs whatsoever in connection
with the ownership of copyright or reproduction rights. The Client shall have full
liability for the consequences of the contents of the printed literature, website
or other project commissioned.
2. The Client's logos, artwork, graphics and photographs remain the copyright of
The Client. Design, graphics and programming produced by DazzleCat Ltd remain the
intellectual property of DazzleCat Ltd. Copyright to the finished assembled work
of web pages produced by DazzleCat Ltd is owned by DazzleCat Ltd. Upon the final
payment, the client is assigned rights to use as a website the design, graphics,
and text contained in the finished assembled website. Rights to photos, graphics,
source code, work-up files, and computer programs are specifically not transferred
to the client, and remain the property of their respective owners. DazzleCat Ltd
retains the right to display graphics and other Web design elements as examples
of their work in their respective portfolio.
Client agrees that DazzleCat Ltd may include development credits and links within
any web site/code DazzleCat Ltd designs, builds or amends. If DazzleCat Ltd designs
a web site for a Client then Client agrees that DazzleCat Ltd may include a development
credit and links displayed on the Clients web site. If DazzleCat Ltd builds or amends
a web site for a Client then Client agrees that DazzleCat Ltd may include a development
credit and links displayed on the Clients web site.
We may choose to list (or de-list) your website in our portfolio showcase, together
with a background summary of the client instructions, and also to place a hyperlink
on our website to link to your website.
3. All preliminary work carried out at The Client's request, whether experimentally
or otherwise, shall be charged to The Client.
4. DazzleCat Ltd withholds the right to refuse publication of any content which
it sees as being indecent, obscene or offensive towards others.
5. Proofs of all printed work may be submitted for The Client's approval and DazzleCat
Ltd shall not be liable for errors not corrected by The Client in such proofs. The
Client's alterations and additional proofs necessitated thereby shall be charged
as additional charges. When style, type or layout is left to the judgement of DazzleCat
Ltd, changes there from made by The Client shall be charged as additional charges.
No responsibility will be accepted for any errors, including colour variations,
in proofs approved by The Client.
Web Site Design
1. DazzleCat Ltd will produce and publish temporarily on the DazzleCat Ltd web site
or email directly to The Client a design proof for The Client's approval. The design
copyright of the proof shall remain the sole property of DazzleCat Ltd. Use of the
design in any respect without the express written permission of DazzleCat Ltd will
constitute breach of copyright.
2. DazzleCat Ltd will complete the design and build of The Client's web site after
receiving confirmation that the design proof is satisfactory.
3. Once DazzleCat Ltd has received confirmation that the design proof is satisfactory;
modifications to the design specification will be considered an amendment to the
contract. All modifications must be confirmed in writing/email.
4. Our consultancy service and general advice is, by its nature, subjective. It
is up to The Client whether they decide to follow our ideas and suggestions. We
cannot guarantee that any of those ideas and suggestions will increase traffic to
The Client's web site, improve ratings with search engines or boost sales.
Website Hosting
1. DazzleCat Ltd reserves the right not to renew, or to terminate, hosting at our
discretion giving no less than 7 days notice.
2. Depending on your websites disk storage usage, bandwidth usage or for the addition
of any other features (such as MS Sql Databases) we can make an adjustment on the
previously yearly billed hosting price and shall send an invoice to you to that
effect.
3. Cancellation of your hosting with DazzleCat Ltd within the one year period would
be subject to our hosting cancelation process (point 5 of Invoicing, Payment and
Tender Validity). Website hosting start date is the date of the invoice which detailed
the hosting cost.
4. A cancelation request must be sent 30 days prior to the expiry of hosting, otherwise
hosting for the following year shall be auto-renewed and a new invoice sent for
that year.
Invoicing, Payment and Tender Validity
1. Payment for design services must (unless otherwise agreed with DazzleCat Ltd)
be made as follows: 50% (or an agreed deposit) with order, plus balance on completion.
Design modifications will be charged at the prevailing hourly rate dependant on
type of service required. This hourly rate can be changed at our discretion without
prior notification.
2. Payment shall be made in UK Pounds Sterling to DazzleCat Ltd. Payments are due
within 14 days of presentation of invoice. If due to bank charges, transfer fees,
or the like, DazzleCat Ltd should receive less than its invoice amount, DazzleCat
Ltd will re-invoice The Client for the shortfall. In the event that any amount remains
unpaid 14 days after invoice date, DazzleCat Ltd reserves the right to discontinue,
withhold, or suspend services to The Client to whom such unpaid amounts relate.
3. In accordance with The Late Payment of Commercial Debts Act 1998 interest will
be charged on all payments received outside of payment terms at the rate of 8% Bank
of England base rate. All charges incurred by DazzleCat Ltd due to late payment
or cheques that require representing or fees required to recover debts will be passed
onto The Client.
4. Tenders, estimates and Quotes are valid for 14 days from the date of the Tender
or Quote. All prices quoted may be subject to change without notice after this period.
5. Once DazzleCat Ltd has undertaken a commission for services, a cancellation fee
of upto 75% will apply of the total quotation value (less deposit paid) if the contract
is terminated through no fault of DazzleCat Ltd. An interim invoice will also be
levied for upto 75% of the total quotation value if the commissioned project's content
is not received within 60 days of commission. Where hosting (whether actively used
or not) is provided and then cancelled a monthly pro-rata amount (from the hoisting
invoice date, less 25%) shall be refunded back to the client.
6. If we deem a commission for services to be completed and no further changes or
additions have been requested, which must be received within 7 days of our statement
of completion, a final invoice shall be issued for the services provided.
Disclaimer
1. DazzleCat Ltd cannot be held liable for any information contained within The
Client's web site or printed literature. The content of such remains the copyright
and intellectual property of The Client. The Client is liable for any reasonable
legal costs incurred by DazzleCat Ltd caused by the content of The Client's web
site or other project and agrees to indemnify DazzleCat Ltd for any awards made
by a court of law.
2. Search Engine entry and ranking can in no way be guaranteed as this remains the
sole discretion of a third party search engine provider.
3. No liability will be accepted for compatibility issues with code or any errors,
omissions or failings of software code produced.
4. Where in the instance that a time scale / schedule has been given, DazzleCat
Ltd will not be responsible for any money lost to The Client if the deadline is
not met.
5. On completion of any web site it is the sole responsibility of The Client to
manage the site. DazzleCat Ltd will no longer be responsible for the site upon completion
unless an alternative agreement has been reached.
6. Should DazzleCat Ltd waive any of these terms on an individual basis, this shall
not affect the validity of remaining clauses or commit DazzleCat Ltd to waive the
same clause on any other occasion.
7. This contract shall be subject to English Law. Where it is held that DazzleCat
Ltd is not entitled to rely on any term in this contract, then DazzleCat Ltd may
also be allowed to cancel all rights and obligations under this contract, or to
hold all other clauses as valid entirely at their sole discretion.
8. DazzleCat Ltd reserves the right to amend these terms and conditions at any time.
Apology
These terms have been drawn up under legal advice principally to protect DazzleCat
Ltd from bad debts and the compensation culture - we are generally agreeable, understanding
and flexible and will be unlikely to strictly enforce these terms and conditions
with clients that are also honest, agreeable, understanding and flexible. We reserve
the right to change these at any time.
DazzleCat Ltd, 2008