All and any business undertaken by E-xciting Web Solutions is accepted subject to these terms and conditions, all of which shall be incorporated into any agreement between E-xciting Web Solutions and the Customer. Additional terms and conditions may apply to certain services provided by EWS.

In the event of any conflict between these terms and conditions and any other terms and conditions, these terms and conditions shall prevail unless expressly noted in writing.

 

Confidentiality

1. The Customer and EWS agree to keep confidential all information furnished by one party to the other where this is clearly indicated in advance.

2. The Customer agrees to keep confidential any authentication details provided by IA in relation to EWS's services and takes full responsibility for any and all use of IA services by any third party that the Customer allows (intentionally or unintentionally) to access any authentication details.

Termination

1. In the event of early termination of the Agreement without Cause, then the Customer shall not be entitled to any return of monies paid or reduction of outstanding fees.

2. Fees shall continue to accrue during any period of service suspension due to breach of the AUP or any terms or conditions by Customer.

3. In the event that EWS terminates the Agreement for Cause, then all outstanding fees shall immediately become due.

4. In the event that the Customer terminates the Agreement for Cause, then the Customer shall be liable for all fees due up to the date of termination.

 

Limitation of Liability

1. EWS will at all times endeavour to provide an uninterrupted and error-free service. However, EWS has no obligation, duty, liability or otherwise beyond that of a duty to exercise reasonable skill or care.

2. EWS shall indemnify the Customer and keep the Customer fully and effectively indemnified on demand against any loss of or damage to any property or injury to or death of any person caused by any negligent act or omission or wilful misconduct of EWS, its employees, agents or sub-contractors or by any defect in the design or workmanship or supply of services.

3. The Customer shall indemnify EWSand keep EWSfully and effectively indemnified on demand against any loss of or damage to any property or injury to or death of any person caused by any negligent act or omission or wilful misconduct of the Customer, its employees, agents or sub-contractors.

4. Except in respect of injury to or death of any person (for which no limit applies) the respective liability of EWS and the Customer under sub-clauses 6.2 and 6.3 in respect of each event or series of connected events shall not exceed the total value of fees payable under this Agreement for the services to be supplied if the contract was performed in full.

5. Notwithstanding anything else contained in these terms and conditions or the Agreement, EWSshall not be liable to the Customer for loss of profits or contracts or other indirect or consequential loss whether arising from negligence, breach of contract or howsoever.

 

Payment Terms

1. Unless otherwise specified, payment of all invoices shall be made in full within 14 days. Any breach of this condition shall entitle EWS to terminate the Agreement without prior notice.

2. All prices given by EWS exclude VAT and therefore EWS shall add VAT as and where appropriate at the point of invoice.

3. EWS reserves the right to levy a late-payment charge equivalent to five (5) per cent per annum above base rate, as defined from time to time by Barclays Bank plc.

4. Recurring fees are subject to review as and when they fall due for renewal. A minimum of 28 days advance notice shall be provided of any change.

5. Fees for Design/Development services are levied against achievement of milestones. All other services are invoiced in advance.

6. In the case of software licenses with an agreed recurring fee, IA shall have the right to increase the fee in line with inflation as published from time to time by the Bank of England.

Publicity

The Customer hereby agrees to permit IA to publish details describing services provided to the Customer by IA. On request, the Customer shall have the right to review and amend all such publicity materials.

 

Copyright Ownershipand Licensing

1. Copyright ownership of any and all design materials (for example, the graphical design of a Web site) created by IA for the Customer shall reside with IA until payment is received in full, at which point IA shall assign copyright ownership to the Customer.

2. Copyright ownership of all programmatic work performed by IA for the Customer and any software developed by IA shall reside with IA. IA will however provide the Customer with a licence to use the programmatic work/software subject to certain conditions.

 

Domain & Hosting Transfer

We reserve the right to charge a fee of £60 for transferring a domain name to another ISP in respect of the time taken to perform the move and administration.

E-mail: info@excitingwebsolutions.co.uk