TERMS AND CONDITIONS - Web Development and Project Maintenance work
Please read these Terms and Conditions before placing
any orders. Placing of ANY order with eSterling,
either in writing or verbally (eSterling will accept
a verbal order from a representative of a Client
in good faith) is subject to eSterling's standard
Terms and Conditions. These do not affect your statutory
rights under UK law.
1) Service Obligation
| 1.1 |
Unless covered by an eSterling
Support Contract, specifically covering the work
requested by the client, all work carried out is
chargeable on a time and direct costs basis |
| 1.2 |
Quotations can be provided upon
request. Up to 8 hours of work may be carried
out on a verbal request / time taken basis in
order to resolve a client's situation. Anything
more than the initial 8 hours work, will be
notified to the client, prior to the work being
carried out. |
| 1.3 |
Rates are charged at the current
rates applicable at the time, and displayed on
the Web Site, dependant upon the grade of staff
used - as follows
- Business Development, Systems and Managing Director
- Technical Director
- Senior Technical Manager
- Developer
- Technician
Rates |
2) Order Cancellation
| 2.1 |
All signed orders that are cancelled by the
client due to no fault of our own, will have
to paid in full or if cancelled within 48 hours
will have to pay 30% of the order value. |
| 2.2 |
Should a Client wish to Cancel an Order, signed by the Client and eSterling, prior to completion, this can be done if mutually agreed between the Client and eSterling. Charges, for all time spent by eSterling Staff (as per the Standard Charge Out rates as specified on the current Web Site) from the first presentation meeting held by eSterling employees, to the agreed cancellation date, less the deposit paid, will become payable immediately. The Contract will be deemed at an end when those funds are cleared through eSterling’s Bank Account. |
| 2.3 |
In such instances where the Hosting and/or eMarketing services with eSterling is no longer required by the Client, eSterling reserve the right to charge up to six months Hosting and eMarketing charge upon cancellation. This is applicable from the day an order is placed. Upon cancellation it is the responsibility of the Client to cancel any Standing Order payments and eSterling cannot be held responsible for this. |
3) Limitation of Liability
| 3.1 |
All terms conditions, warranties, undertakings inducements and representations, whether express or implied, statutory or otherwise relating to the provision of services by eSterling not contained in the Agreement are excluded and eSterling will not accept liability for any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) which may be suffered or incurred or which may arise directly or indirectly with respect to the service. |
| 3.2 |
Where any applicable legislation implies any term, condition or warranty into the Terms and Conditions or in respect of eSterling's relationship with you, or otherwise gives you a particular remedy against eSterling and the legislation or any other legislation renders void or prohibits provisions excluding or modifying the application of, exercise of, or liability under such implied term, condition, warranty or remedy will be deemed to be included in the Terms and Conditions or as the case may require apply to the relationship between eSterling and the Client. However, eSterling's liability for any such breach of such implied term, condition or warranty or under such remedy, will be limited, at eSterling's option, in any one or more of the ways permitted in that legislation, including, where so permitted if the breach relates to Services the supplying of those services again or the payment of the cost of having those Services supplied again. |
| 3.3 |
It is acknowledged that web sites cannot be guaranteed to be 100% error free in construction and also acknowledge that the existence of errors falling short of a complete failure of consideration in the site shall not constitute a reason to terminate an Order or Services. |
| 3.4 |
Any liability arising whatsoever incurred as a result of content the web site rests solely with the Client. |
4) Contents of Web Pages and Undertakings
| 4.1 |
The Client is solely responsible for the content of the Client's Web Page/undertakings (text, images, documents, sound and video files.) eSterling is not responsible for proof-reading any content unless specifically agreed. |
| 4.2 |
eSterling makes no representations to you concerning the content or functionality of your Web Site. This is your responsibility to ensure that it meets your requirements. |
| 4.3 |
If you provide eSterling with goods, material, photographs, film, data or information to be used in any form, you hereby warrant that these do not infringe the rights of third parties and indemnify eSterling against any action taken against eSterling by any such third party. |
| 4.4 |
Without limiting the generality of the foregoing, you agree not to infringe the copyright trademark, privacy or personal or proprietary rights of third parties, supply libelous, abusive, obscene material or disparage the products or services of any third party. |
| 4.5 |
eSterling for its part hereby undertakes not to knowingly infringe the rights of third parties in activities conducted on your behalf. |
| 4.6 |
You are solely responsible for dealing with persons who access your data or web page and warrant that you will not refer complaints or enquiries in relation to such data to us. |
| 4.7 |
It is the total responsibility of the Client to provide all content for thier Web Site. This includes all text, images, documents, sound and video files as appropriate. All responsibility for any infringment of copyright trademark, privacy or personal or proprietary rights of third parties is solely with the Client. |
| 4.8 |
Should eSterling be directed by the Client to source any content for the Client's Web site then the responsibility for ensuring the content does not infringe the copyright trademark, privacy or personal or proprietary rights of third parties lies with the Client. |
5) Technical Support, Changes and Maintenance
| 5.1 |
Technical assistance via telephone or email will be offered. Extensive queries taking more than 15 minutes to deal with or site maintenance will be charged at hourly rates unless covered by a support contract. |
| 5.2 |
Once the Web Site Acceptance Form is signed, no further changes will be carried out on the site as part of the original order. Any subsequent changes may be charged for. |
These Terms & Conditions are effective from
1/1/2002
eSterling reserves the right, in its sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Notification of changes will be posted on the Web site.
Errors & Omissions Excepted © eSterling Limited. Copyright
1999-2008. All rights reserved.
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