Terms and Conditions
| 1 | Definitions |
| For the purposes of these Terms and Conditions, the following definitions apply: | |
| 1.1 | "binc" means binc.co.uk |
| 1.2 | "You" or "Customer" means the organisation or person or persons who purchase services from binc. |
| 1.3 | "Specification" means a statement of work, design, quotation or other similar document given to you by binc. |
| 1.4 | "Agreement" means these Terms and Conditions together with the terms of any applicable specification. |
| 1.5 | "Web Space" means the location at which your web site is stored. |
| 1.6 | "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trademarks, and all other forms of intellectual property wherever in the world enforceable. |
| 1.7 | "Order" means that binc has received an electronic order from you via binc.co.uk, email or binc's postal address together with the required deposit. |
| 1.8 | "Order Date" means the date binc received your order. |
| 1.9 | "Delivery date" means the date at which binc notifies you that your web site is available for proof reading and approval. |
| 1.10 | "Live" means your web site being uploaded to your web space having been approved by you. |
| 1.11 | "Live date" means the date at which your web site is made Live and full payment has been received by binc. |
| 1.12 | "Cancellation Date" means the date when binc receives written notification that you wish to cancel your order. |
| 2 | Pricing |
| 2.1 | Any quotation given to you by binc will be based upon a specification. |
| 2.2 | All prices on binc.co.uk are correct at the time of being published and are subject to change without prior notice at any time |
| 2.3 | All prices are exclusive of VAT. |
| 2.4 | VAT will not be added to your quotation or your invoice as binc are not VAT registered. |
| 3 | Delivery |
| 3.1 | binc will notify you of the estimated delivery date once your order has been received. All dates are estimates and binc will not be liable for failure to meet any dates. |
| 4 | Cancellation rights |
| 4.1 | Both parties shall have the right to terminate any contract between us without reason within 7 days from the order date. |
| 4.2 | In the event of termination of any contract within this 7 day period binc shall refund to you all sums paid by you to binc within 30 days from the cancellation date minus any costs binc may have incurred in preparing to undertake the service for you. binc cannot refund hosting, domain fees, software or anything else purchased by binc on your behalf. |
| 4.3 | Any cancellation after this 7 day period shall incur the charges set out in paragraph 13.3. |
| 5 | Site Approval |
| 5.1 | binc will notify you when the site is ready for proof reading and approval. |
| 5.2 | It is your responsibility to check spelling, wording, pricing, content, links and functionality throughout the site. |
| 5.3 | binc reserves the right to charge you for any updates, modifications, extra design or development that was not detailed in the specification. |
| 6 | Putting the web site Live |
| 6.1 | Once binc has received approval from you together with payment for the outstanding balance, binc will put your web site live. |
| 6.2 | Any hosting, domain names or other third party services or goods purchased or arranged by binc on your behalf will be handed over to you. |
| 7 | Modifications/Updates |
| 7.1 | Once your web site is Live the following conditions
apply: (a) modifications to existing pages will be charged at £20.00 per half hour of work undertaken (b) additional/replacement pages will be charged at £40.00 each (c) all other changes will be quoted for by binc. |
| 8 | Payment policy |
| 8.1 | An invoice will be issued to you for the remaining
balance once: (a) you have approved the site or (b) 7 days have passed since the delivery date whichever is earliest. |
| 8.2 | All invoices must be paid in full without set-off within 15 days of the invoice date. |
| 8.3 | binc reserves the right to remove and archive a site if full payment has not been received by binc within 30 days of the invoice date. In such cases an administration charge of £80 will be added to the outstanding balance to un archive and re-test the site. |
| 9 | Payment methods |
| 9.1 | Payment for all work should be made by cheque in UK sterling, made payable to binc and posted to the address stated on the quotation. |
| 10 | Your web site |
| 10.1 | It is your responsibility to ensure that your web site complies with all applicable laws and regulations and that you do not include content that is unlawful, obscene or defamatory. binc accepts no liability for your web site, including any content. |
| 10.2 | binc reserve the right to remove or refuse to include any content without reason. |
| 10.3 | binc reserve the right to refuse any order without reason. |
| 10.4 | You acknowledge that in providing a web design service, binc are not providing consultancy or any other advice in regard to the substantive information that you may choose to place on your web site. |
| 11 | Ownership |
| 11.1 | You will own the web site once binc have received payment in full. |
| 12 | Hosting, Domain Names and Third Party Services or Goods |
| 12.1 | It remains your responsibility to make any renewal payments for hosting, domain names and any other third party services or goods. |
| 12.2 | In cases where binc have agreed in writing to administer such renewals on your behalf, you will be notified of the renewal costs one month prior to the renewal date. You will then have 14 days in which to make the payment to binc as set out in section 9. Should you not make payment within the 14 days, binc reserves the right to suspend or cancel any services provided to you by binc or any relevant third parties. |
| 12.3 | binc will NOT be held responsible for Hosting, Domain Names or any other services or goods that are supplied by a third party. |
| 13 | Customers obligations |
| 13.1 | To enable binc to perform its obligations under
this Agreement you shall: (a) co-operate with binc (b) provide binc with any information reasonably required by binc as set out in the specification (c)obtain all necessary permissions and consents which may be required before the commencement of any services and (d) comply with other such requirements as may be set out in the specification or otherwise agreed. |
| 13.2 | You shall be liable to compensate binc for any expenses incurred by binc as a result of your failure to comply with clause 13.1. |
| 13.3 | Without prejudice to any other rights to which binc may be entitled, in the event that you unlawfully terminate or cancel the services agreed to in the specification, you shall be required to pay to binc as agreed damages and not as a penalty the full amount of any third party costs to which binc has committed and in respect of cancellations on less than 7 days written notice the full amount of the services contracted for as set out in the specification, and you agree this is a genuine pre-estimate of binc's losses in such a case. For the avoidance of doubt, your failure to comply with any obligations under Clause 13.1 shall be deemed to be a cancellation of the services and subject to the payment of the damages set out in this clause. |
| 13.4 | In the event that you or any third party, not being
a sub-contractor of binc, shall omit or commit anything which prevents
or delays binc from undertaking or complying with any of its obligations
under this Agreement, then binc shall notify you as soon as possible and: (a) binc shall have no liability in respect of any delay to the completion of any project (b) if applicable, the timetable for the project will be modified accordingly (c) binc shall notify you at the same time if it intends to make any claim for additional costs. |
| 14 | Indemnification |
| You agree that you shall defend, indemnify, and hold binc harmless from any and all demands, liabilities, losses, costs and claims, including reasonable solicitor's fees asserted against binc, its agents, its customers, officers and employees, that may arise or result from your actions. You agree to defend, indemnify and hold harmless binc against liabilities arising out of third party claims relating to; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with your web site; (2) Any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold by you through the web site; (5) Any damage caused by computer viruses not identified and intercepted by our software. | |
| 15 | Terms and conditions changes |
| These terms and conditions are subject to change at any time without prior notice to you. | |
| 16 | Governing Law |
| These terms and conditions shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the English courts. | |
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