Terms & Conditions
“Services” means any Services and/or goods provided by the Company as ordered by the Client.
“Company” means Wentworth Technical Limited, incorporating Daisy Bank Design.
“Client” means the person, firm or company placing an order with the Company.
These terms and conditions apply to any provision of services or materials by the Company to the Client.
3. Formation of Contract
All Services sold by the Company are sold subject to the Company’s standard terms and conditions (as detailed below) which form part of the Client’s contract with the Company. Terms and conditions on the Client’s order form or other similar document shall not be binding on the Company. All of our services are subject to a minimum contract of 12 months.
The prices, quantities and delivery time stated in any quotation are not binding on the Company. They are commercial estimates only which the Company will make reasonable efforts to achieve.
Orders will be deemed to have been placed when an agreed deposit payment is received & cleared by the Company.
6. Right to sub-contract
Unless otherwise agreed the Company shall be entitled to sub-contract all or any part of the work.
The Company will endeavour to supply the services or materials within the quoted time, which is normally within 14 working days from order or otherwise as agreed. However, this is not binding and the Company reserves the right to supply its services within a maximum time of 30 days. This is subject to the company not waiting on any information that needs to be supplied by the client.
The Client acknowledges that the rights to the Services are owned by the Company and that the Services are protected by United Kingdom copyright laws, international treaty provisions and all other applicable national laws.
9. Risk of loss
The risk of loss or damage to the Services shall pass to the Client upon delivery of the Services.
10.1 Clients ordering services from the Company website (www.daisybankdesign.co.uk) are expected to pay in full and in advance, before any work or investment is commenced by the Company.
10.2 Clients ordering services from a pre-quoted invoice are expected to pay in full or an agreed deposit before any work or investment is commenced by the Company.
10.3 If any amount of an invoice is disputed then the Client shall inform the Company of the grounds for such dispute within seven days of delivery of the Services and shall pay to the Company the value of the invoice less the disputed amount in accordance with these payment terms. Once settlement of the dispute has been agreed, any sum then outstanding shall also be payable in accordance with these payment terms.
10.4 The Company reserves the right to increase a quoted fee in the event that the client requests a variation to the work agreed.
The majority of services offered by the company are delivered by means as a completed website uploaded to the agreed domain name.
12. Minimum Terms & Cancellations
12.1 In view of the nature of the service, any order – once confirmed by the Company – is not cancellable. Cancellation of the Order by the Client will only be accepted on condition that any costs, charges and expenses already incurred, including any charges that will be levied by a sub-contractor on account of their expenses, work or cancellation conditions will be reimbursed to the Company forthwith.
12.2 All of our Services are subject to our minimum terms. This is 12 months. This means that our hosting services must be paid for a minimum contract length of 12 months. You can pay for 12 months hosting in full upon ordering our services. If you opt to pay on a monthly basis, you must complete the 12 monthly payments.
12.2 If you cancel prior to the first 12 months. You must pay the remainder of your contract in full.
13. SEO Services
We do not offer any performance relation guarantees with our SEO (Search Engine Optimisation) Services. Due to the nature & variation of these services, it is impossible to offer any guarantees. Please contact Daisy Bank Design to discuss your SEO requirements prior to purchasing this service.e
No warranty exists for the purchase of our services. The closest service offered by the Company to a “warranty” is the subscription to a “Management Service” This allows your website to be maintained & taken care of by Daisy Bank Design.
16. Limitations of Liability
16.1 The Company shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the Services nor for any special, indirect, economic or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning or use of the Services. Any liability of the Company shall in any event be limited to the license fees paid by the Client in the year in which the event of default arises.
16.2 Nothing herein shall limit either party’s liability for death or personal injury arising from the proven negligence by itself or its employees or agents.
16.3 The Client shall fully indemnify the Company against any liability to third parties arising out of the Client’s use of the Services.
17. Force of Majeure
The Company will not be liable to the Client for any loss or damage suffered by the Client as a direct result of the Company, its sub-contractors or the list-owner from whom the sample or other service or material is derived being unable to perform the Contract in the way agreed by reason of cause beyond its control including Act of God, accident, war, riot, lockout, strike, flood, fire, power failure, breakdown of plant or machinery, delay in transit, postal delay, or any other unexpected or exceptional cause or circumstance.
18. Other Policy
19. Governing Law
These Terms of Trading shall be subject to and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.