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 Terms & Conditions

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Our company details are:
Company Name:
: D.M.Priest & Company Limited
Trading As:
: Get Online Design / Get Online
Company Registration
: 03151203
VAT Registration
: GB 616 4603 53
Address
: Unit 12D, Adlington Park, Adlington
Cheshire, SK10 4PZ, United Kingdom
Telephone
: 01625 800 900
Fax
: 0870 240 7572

1.
CONTRACT FORMATION
     
 
1.1

The contract is formed by the completion of three distinct steps:

   
- our display / catalogue / website (at http://www.getonlinedesign.com) each invite you to do business with us
- your order is an offer to do specific business with us
- the contract is formed when you receive our acceptance of that offer
     
 
1.2
We reserve the right to accept, refuse, or limit your order for any reason - including (but not limited to) credit card / payment clearance, unavailability of stock or errors in product descriptions and / or prices.
     
2.
COPYRIGHT: IMAGES / DESIGN
     
 
2.1
All new or modified artwork, HTML or programming code designed and / or created by us remains copyright Get Online Design.
 
 
 
2.2
We retain the right to use any design created by us as a 'portfolio' item displayed on our website / brochure / advertising.
     
 
2.3
We retain the right to place a hyperlink on any site we design that links back to our website. This link will be unobtrusively placed on the page.
     
3. PAYMENT TERMS
     
 
3.1
A 25% deposit of the total quote is required on commencement of all design work
 
 
 
3.2
A further 25% is payable at the halfway stage in the design.
     
 
3.3
Full and complete payment is required in order for the service to be delivered / published.
 
 
4.
WARRANTIES: SERVICES SUPPLIED
     
 
4.1

We warrant that the services:

   
- will be provided using reasonable skill and care
-
are fit for normal use and stated purpose (but not fit for any use which we state on our website may be inappropriate)
-
comply materially with the written description given on our web site
     
 
4.2
You acknowledge that our provision of internet services (if required) and our ability to provide the service is dependent on British Telecom plc. and other 3rd party suppliers and their ability to provide certain parts of the service to us. We cannot warrant that the service will be free of interruption or that transmission of information through the service will be secure.
     
 
4.3
It is entirely your responsibility to ensure that your equipment is correctly configured and capable of receiving our services.
     
 
4.4
It is not technically possible to provide the service free from errors and / or faults and we do not undertake to do so. We operate a support facility to enable errors and / or faults to be reported and resolved but we cannot warrant that all errors and / or faults will be corrected.
     
     
5.
YOUR RIGHT TO CANCEL
     
 
5.1
Once an order has been received and accepted, it cannot normally be cancelled.
     
 
5.2
If it is possible to cancel part of the products / services ordered you will be charged for the work / costs incurred up to that point or 50% of the order value, whichever is greater.
     
     
6.
INSPECTION OF GOODS
     
 
6.1
You should inspect and test the goods / services at the earliest opportunity. If the goods / services are defective or otherwise in breach of the contract terms ('a justified reason'), you have the right to request they be changed but you should do so within a reasonable time.
     
 
6.2
Changes to the goods / services supplied that differs from the initial specification will be chargeable.
     
     
7.
AVAILABILITY AND PRICING
     
 
7.1
All equipment / goods and services are supplied subject to availability.
     
 
7.2
We have the right to change our prices at any time without advance warning and all prices exclude VAT at 15.0% unless specifically stated otherwise.
     
     
8.
PERSONAL INFORMATION / SECURITY
     
 
8.1
We guarantee that any personal information you send us online will be secure.
     
 
8.2
Information that you provide to us must be true, accurate and complete. You agree to inform us of any changes in your details (contact details, address, telephone number or email address) by contacting us at: http://www.getonlinedesign.com/contact
     
     
9.
CONTRACT TERM AND TERMINATION
     
 
9.1
We reserve the right to immediately terminate the contract at any time due to abuse and / or material breach of your agreement with us or breach of our Acceptable Usage Policies (which you acknowledge to have read).
     
 
9.2
Upon termination any fees pre-paid by you for unused time remaining, less any charges outstanding on your account, will be calculated and returned to you either by the same method as they were paid or by cheque (at our discretion).
     
 
9.3

Either party may terminate this agreement immediately by giving notice in writing to the other, if the other:

   
- commits a material breach of this agreement which cannot be remedied
- is the subject of a bankruptcy order, or becomes insolvent, or goes into voluntary or compulsory liquidation, or a receiver or administrator is appointed over their assets
     
     
10.
COMPLAINTS
     
 

The addresses to which you should write if you have any complaint are:

Attn: Customer Services Department
Get Online Design
Unit 12D, Adlington Park, Adlington
Cheshire, SK10 4PZ, United Kingdom

Or contact us using the details at: http://www.getonlinedesign.com/contact

     
     
11.
DESCRIPTIONS
     
  We do our best to ensure that the descriptions and illustrations of the goods we supply are fair, honest and accurate.
   
   
12.
ACCEPTABLE USAGE
     
 

It is a condition of this contract that you comply at all times with our Acceptable Usage Policies (as may be updated from time to time) as detailed on our web site.

If you breach our Acceptable Usage Policy we are entitled to suspend or restrict your service and cancel this contract and / or take such as action as detailed in the Acceptable Usage Policy.

     
     
13.
STATUTORY RIGHTS
     
  Nothing in this contract affects your statutory rights.
     
     
14.
MISTAKES IN BILLS
     
  If we make a mistake in any bill, we will correct it as soon as the mistake comes to our attention, and we will, if appropriate, refund any money to you promptly.
     
     
15.
RECORDS OF CONTRACTS
     
  We maintain records of all contracts, and, if you so request, we will provide you with a copy of any contract between us and you entered into within the last 24 months.
     
     
16.
PRIVACY
     
 
16.1
We will use the information you give us, and information arising from our dealings with you (‘personal data’) to enable us to perform our obligations to you. We may also analyse your personal data, for example, for marketing and market research purposes.
     
 
16.2
We will comply with our statutory obligations in relation to your personal data, and we will not pass on any ‘sensitive data’ (as defined in the Data Protection Act 1998) without your prior consent. However, it will be necessary to pass your details on to our suppliers so the goods / services can be provided - in all cases we will only pass on the minimum details that are required.
     
 
16.3
You have the right to ask us for a copy of your personal data, and to correct any mistakes.
     
  16.4 We may monitor or record calls for training or to improve the quality of our customer service.
     
     
17.
THIRD PARTY ISSUES
     
  Unless the contract states otherwise in writing, the benefit of this contract is personal to you and only you can enforce the contractual terms.
     
     
18.
SEVERABILITY & CONFLICT OF TERMS
     
 
18.1
If a court decides that any part of these terms is void, voidable or unenforceable, the rest of these terms shall continue to be valid and enforceable. A court will, if possible, modify the offending term to the minimum extent necessary to make it valid.
     
 
18.2
If you are a business, our standard terms and conditions are to prevail over any you seek to impose.
     
     
19.
FORCE MAJEURE
     
  We are not liable to you for any failure to perform our obligations due to circumstances outside our control.
     
     
20.
OWNERSHIP / LATE PAYMENT
     
 
20.1
Equipment / goods /services supplied belong to us legally and beneficially until you have paid all our charges under this agreement, but the risk attached to owning them passes to you as soon as they are delivered into your possession or control.
     
 
20.2
Even though equipment / goods /services supplied continue to belong to us, we have the right to recover payment for them. As long as the goods remain ours, and discrete from items which are not ours, we have the right (but not the obligation) to recover these goods. As long as the materials remain ours, you must not sell or otherwise dispose of them.
     
  20.3 Under the Late Payment of Commercial Debts [Interest] Act 1998 we reserve the right to reclaim interest on overdue amounts at 8% above the Bank of England base rate.
     
  20.4 Where payments on your account are overdue we reserve the right to restrict or suspend services or order fulfilment until payment is made in full.
     
     
21.
LIMIT OF LIABILITY
     
 
21.1
We do not seek to limit liability for death or personal injury resulting from our negligence.
     
 
21.2
By submitting your order request to us you agree to accept our terms and
conditions and that our total liability to you shall be limited to the purchase price actually paid to us by you for the product or service giving rise to the liability.
     
     
22.
INTERPRETATION AND GOVERNING LAW
     
 
22.1
This is a plain English contract. Other than defined terms, words and expressions have their normal English meaning as they would be understood by a reasonable person in the context of this contract.
     
 
22.2
This contract is governed by the laws of England and Wales and you agree to submit to the jurisdiction of the English courts.


If you have any questions about these terms and conditions or any questions about our services please contact us or click here for our home page.

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