Terms & Conditions

 

(1) In these terms and conditions, "the Company" means Dubblevision London Ltd and "the Client" means the person or entity which has agreed to purchase goods and/or services from the Company. "The Work" means the work that the Client has instructed the Company to carry out pursuant to this agreement, including development and maintenance of the Client's website, and "the Agreement" means the overall agreement between the Company and the Client in relation to the Work including these terms and conditions.

(2) These terms and conditions take precedence over each conflicting term and condition which may be put forward by the Client at any time. These terms and conditions are available on the Company's website and should be viewed by the Client prior to entering into the Agreement. Upon entering in the Agreement, the Client confirms that it has read these terms and conditions and accepts them in their entirety.

(3) The Client and the Company have agreed the basic scope and nature of the Work prior to entering into the Agreement. Any changes to the scope and/or nature of the Work after the agreement has been entered into shall be agreed by both the Client and the Company and evidence in writing. The Company reserves the right to alter the agreed price to reflect the changes in scope and/or nature of the Work.

(4) The Company reserves the right to control and restrict any content on the Client's website and shall have sole discretion to delete and remove, without advance notice, any information deemed by the Company as illegal, tortuous, false, misleading, fraudulent, libellous, immoral, offensive or otherwise not in conformity with the policies and style of the Company. The Client acknowledges that the Company may unilaterally write or re-write reasonable rules and regulations necessary for the orderly operation of the Network and that the Client will be bound accordingly.

(5) Although the Company shall have the right to approve the design, content and links to and from the Client's website, the Company assumes no responsibility to do so. The Client agrees to be solely responsible for the content of its website and the accuracy of all information provided therein.

(6) With the exception of trademarked, copyrighted or other proprietary information regarding pictures, images and logos that directly identify the Client, the Client grants to the Company an indefinite, irrevocable, royalty-free, unrestricted right to use, transfer or modify and maintain content prepared by the Company on the Client's website. The Client represents and warrants that: (a) the use; as contemplated by the Agreement, of the material supplied by the Client as described in the Copyright Warranty form shall not infringe any copyright, trademark, trade secret or third party proprietary right; and b: there is no impediment to the Client's performance of its obligations hereunder.

(7) Website production timelines are dependant upon client input and approves at each stage of the development process. Without this input development times may vary.

(8) The Client acknowledges and agrees that the company may provide websites to other persons or businesses including those in the same or similar line of business as the Client.

(9) In the event of default under this Agreement, the Company shall have the right to terminate the Agreement and to remove the Client's website from the Network. The Client shall have no right to a refund of any kind and will be responsible for all costs and fees incurred by the Company in connection with Client's breach of this Agreement.

(10) The Client shall pay for the work, including all the website development costs specified in the Agreement. The website development fee and related expenses are to be paid by a non-refundable deposit upon execution of the Agreement and the balance upon final approval by the Client. The annual hosting fee is payable to the Company one month in advance of the first month when hosting begins.

(11) Legal and beneficial title to the Work shall remain with the Company until all monies owing to the Company by the Client, in relation to any matters whatsoever, have been paid in full. Until such time, the Client must not alter the content of the website.

(12) The Client agrees to hold the Company and its agents harmless from and against any and all claims and damages, expenses or liability that arises from or in connection with the Client's website, content or activities, including but not limited to, any attorney fees incurved by the Company. The Client at its own cost and expense shall defend any and all actions, which may be bought against the Company. The Client's failure to perform under the terms of this paragraph shall be deemed a waiver of any and all claims, demands and remedies, or cause of action, including specific performance, which the Client might otherwise have against the Company and its agents, which under no circumstances will be liable for lost profits, lost opportunities, indirect, incidental or consequential damages for the Client.

(13) In no event shall the Company and its agents be liable to the Client for damage, whether direct, indirect, consequential, exemplary and punitive or otherwise, arising out of any service provided or arranged by the Company. The Company shall not be liable for any error, omission, defect or deficiency in any service, which results from the Client's failure to provide complete, accurate and current information to the Company. Under no circumstances shall the Company and its agents be liable to the Client for any Network interruptions beyond the Company's control, including without limitation, any downtime regarding computer services or interruption of Internet service providers.

(14) No right or remedy upon or reserved the Company by this Agreement is intended, and shall not be deemed, to be exclusive of any other right or remedy provided or permitted herein, by law or by equity, but each right or remedy shall be cumulative of every other right or remedy.

(15) This Agreement shall be interpreted and construed under the laws of England. The parties agree that any action brought in England and the parties do hereby waive all questions of personal jurisdiction or venue for the purpose of carrying out this provision.