terms
Website Terms & Conditions
IMPORTANT – READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE WILL INDICATE THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE WEBSITE.
Welcome to our web site, which is owned and operated by the Don Campbell (throughout these Terms, “Don Campbell” refers collectively and individually to Don Campbell, along with any subsidiaries, affiliates, and related companies). Please take time to read these important terms and conditions of use of the web site (collectively and individually, the “Don Campbell Site”).
1 Application of Terms
1.1 These Website Terms and Conditions (the “Terms”) govern the relationship between you and Don Campbell with regard to your use of the Don Campbell Site.
1.2 By accessing any part of the Don Campbell Site, you consent to the Terms. Don Campbell reserves the right to change the Terms from time to time without prior notice and accordingly you should check the Terms each time you access the Don Campbell Site.
2 Use of the Website
2.1 The Don Campbell Site is provided “as is” and for your own personal, non-commercial use only. You may download, display, reformat or print parts of the Don Campbell Site for your own personal, non-commercial use.
2.2 You agree not to modify, copy, distribute, transmit, display, reproduce, publish, license or otherwise use the content of the Don Campbell Site for resale, redistribution or for any other commercial use.
2.3 You shall not use the Don Campbell Site for any purpose that is unlawful, abusive, libelous or threatening or for the transmission of any virus or any other computer code, files, or programs which are designed or likely to interrupt, damage, destroy any computer hardware or software or interfere in any way with the normal operations of the Don Campbell Site.
2.4 You acknowledge that the Don Campbell Site has been specifically designed for use in the United Kingdom & United States and agree not to use or access the Don Campbell Site in and from jurisdictions in which it or its contents are restricted or prohibited by local law.
2.5 By submitting content or information through the Don Campbell Site, you grant to Don Campbell a nonexclusive royalty free, unlimited, irrevocable and fully assignable and sublicensable right to reproduce, use, modify, publish, adapt, create derivative works of, translate, distribute, and display such content and/or information in whatever manner Don Campbell deems fit. By submitting any information, you represent and warrant that such information is accurate and that the use of such content and/or information does not violate the rights of any third party or cause injury to any person or entity.
3 Don Campbell Products and Services
3.1 You acknowledge that Don Campbell offers certain products and services on the Don Campbell Site and that if you use or rely on these products or services you shall be bound by a separate agreement between you and Don Campbell, the terms of which you shall accept on enrollment for a product or service or prior to reliance on a Don Campbell product or service. This separate agreement contains the complete terms for use of or reliance on the relevant Don Campbell product or service including all warranties and representations relating to that product or service. Don Campbell does not give any warranties or representations in these Terms or on the Don Campbell Site about the quality, functioning or accuracy of Don Campbell’s products or services unless explicitly stated otherwise in the terms and conditions of the product’s or service’s license agreement. All statements contained within the Don Campbell Site concerning Don Campbell’s future prospects are “forward looking statements” under the Federal Securities laws. There can be no assurance that future results will be achieved and actual results could differ materially from forecasts, estimates and summary information contained in the Site.
4 Third party sites
4.1 You acknowledge that the Don Campbell Site may contain links to websites operated by third parties (“Third Party Sites”). You further acknowledge that these links are for your convenience only and Don Campbell does not endorse, nor purport to control, monitor or verify the contents of the Third Party Sites. Don Campbell shall not be liable for the contents of the Third Party Sites or for any loss, damage or injury sustained by you arising out of use by you of a Third Party Site.
5 Intellectual Property Right Notice
5.1 You acknowledge and accept that all of the copyright, database rights and any other intellectual property rights which subsist in the design, layout, processes, functions, data and content of the Don Campbell Site are the property of Don Campbell, its information providers, advertisers and other licensors. No part of the Don Campbell Site, or its content may be copied or reproduced (except for your personal use and as per clause 2.1 of these Terms).
5.2 Don Campbell grants you a personal, non-exclusive, nontransferable license to access the Don Campbell Site and use the Don Campbell Site in accordance with these Terms.
5.3 Don Campbell and other terms used on the Don Campbell Site are trademarks of Don Campbell and its affiliates. You are not authorized under these Terms to use any of Don Campbell’s trademarks or than as required for the typical use of the Don Campbell Site.
5.4 The Don Campbell Site and the content within the Don Campbell Site is the property of Don Campbell or its partners and is protected under both International and US copyright law. No rights to the copyrights, other than as stated specifically herein, are granted to you.
6 Disclaimer and exclusion of liability
6.1 Don Campbell has taken all reasonable steps to ensure that the information on the Don Campbell Site is accurate, complete and up to date and that the Don Campbell Site functions correctly. However, except where explicitly stated otherwise, no warranty, representation or assurance (whether express or implied) of any kind is given in this respect, nor that the Don Campbell Site shall be compatible with your hardware and software and bug and/or virus-free, that it shall be accessible without interruption or that it or the information contained on it will meet your requirements.
6.2 YOU AGREE THAT DON CAMPBELL SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHATSOEVER (WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR FUTURE AND WHETHER OR NOT REASONABLY FORESEEABLE, CONTEMPLATABLE OR ACTUALLY CONTEMPLATED BY THE PARTIES) SUSTAINED BY YOU OR THIRD PARTIES ARISING OUT OF YOUR USE OF THE DON CAMPBELL SITE, WITH THE EXCEPTION THAT DON CAMPBELL DOES NOT PURPORT TO EXCLUDE LIABILITY IN RESPECT OF:
6.2.1 DEATH OR PERSONAL INJURY AS A RESULT OF ANY NEGLIGENCE; AND
6.2.2 FRAUD OR FRAUDULENT STATEMENTS
ON THE PART OF ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS.
6.3 WITHOUT PREJUDICE TO THE GENERALITY OF CLAUSE 6.2, YOU AGREE THAT DON CAMPBELL SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF ANTICIPATED SAVINGS, LOSS OR CORRUPTION OF DATA, LOSS OF CONTRACT OR OPPORTUNITY OR LOSS OF GOODWILL.
6.4 THE PARTIES AGREE THAT ALL STATUTORY WARRANTIES AND ANY OTHER WARRANTIES EITHER EXPRESSED OR IMPLIED ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
7 Indemnity
7.1 YOU AGREE TO INDEMNIFY AND HOLD DON CAMPBELL HARMLESS FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE DON CAMPBELL SITE, YOUR USE OF ANY LINKS TO WEBSITES OPERATED BY THIRD PARTIES [AND DON CAMPBELL'S USE OF ANY INFORMATION SUPPLIED BY YOU]. YOU AGREE TO COOPERATE WITH DON CAMPBELL AND TO COMPLY WITH ITS REASONABLE INSTRUCTIONS TO LIMIT OR MINIMISE ANY LIABILITY OF DON CAMPBELL.
8 Privacy
8.1 Don Campbell respects your privacy and has developed a privacy statement to inform you about its privacy practices. It is a requirement of the Don Campbell Site usage that you agree with the privacy policy set out. Use of this website confirms your acceptance of this privacy policy.
9 General
9.1 No third party shall have any rights to bring a claim under the Contracts (Rights of Third Parties) Act 1999 in respect of these Terms.
9.2 The rights and obligations created by these Terms are enforceable by and may be assigned by Don Campbell. You may not assign your rights or obligations under these Terms.
9.3 To the extent that any of the provisions of these Terms are or become unenforceable, then it is the intention of the parties that such part be severed from the remaining part, and this shall not affect the validity or enforceability of the Terms as a whole or of any other provisions thereof.
10 Governing Law and Jurisdiction
10.1 These Conditions and the Agreement are subject to and governed by the laws of England under the jurisdiction of the Courts of England.
(Hosting) Network Service Terms & Conditions
This agreement covers the provision of network services by Don Campbell to The Customer (any entity requesting a service provision from Don Campbell) and covers the provision of Web Hosting, Co-location, Internet Service (Broadband/Dial-up), Wireless services, Email services, Domain management, Communications services and any form of service which enables The Customer to transmit and receive data and information via Don Campbell equipment, resources and chargeable time.
1. Definitions
1.1 “Agreement” means these Conditions, the Order Form and the Agreement made subject to these Conditions;
1.2 “Chargeable Day” means one person working on a calendar day for up to seven and a half hours (7.5 hours);
1.3 “Colocation” means the accommodation of customer equipment at a Don Campbell operated site, including “Colocated Equipment” which is the equipment so accommodated and “Colocation Space” is the place where the Colocated Equipment is accommodated;
1.4 “Conditions” means these terms and conditions;
1.5 “Company” means Don Campbell, 2 Windsor Street, Hereford. HR4 0HW. England;
1.6 The “Company’s Network” means the network owned and operated by the Company for the purpose of connecting the Customer to the internet by means of fixed or dial-up connections;
1.7 “Customer” means any person or organisation with whom the Company enters into an Agreement subject to these Conditions;
1.8 “Internet” means the global data network comprising interconnected networks to which the company is connected and provides access to its Customers;
1.9 “Internet Protocol Address” means such sequence of alpha numeric or numeric only characters as are used from time to time by the Customer to identify themselves and or their computer or computers to other users of other computers to which the Company is from time to time connecting or otherwise forwarding data to and from the Customer;
1.10 “Network Operator” means the legal entity or entities responsible for operation of a communications network;
1.11 “Order Form” means the Company’s standard order form relating to the Services for the Customer;
1.12 “Password” means the alpha-numeric characters chosen and used exclusively by the Customer at their own risk for the purpose of securing and maintaining the exclusivity of their access to the Company’s service;
1.13 “Services” means the services described in the current Company literature together with such Value Added Services to be provided by the Company to the Customer. Representations made by the Company’s distributors will not form part of the Agreement unless confirmed in writing prior to purchase of the service;
1.14 “Service Commencement Date” means the date identified as the delivery date on the company invoice to the Customer;
1.15 “Specification” means a detailed written specification of the Services to be provided to the Customer under the Agreement;
1.16 “TCP/IP” is the abbreviation for Transmission Control protocol/Internet Protocol;
1.17 “Upgrade Usage Charges” means such charge for such predetermined unit of time and or volume of data together with any charges related to Value Added Services from time to time provided by the Company in each case at the rates set out or referred to in the Company’s published tariffs and or such as may be agreed in writing with between the Customer and the Company;
1.18 “User name” means such sequence of alpha-numeric characters as are used from time to time by the Customer to identify themselves to other users of other computers to which the Company is from time to time connecting or otherwise forwarding data to and from the Customer;
1.19 “Value Added Service” means the provision of a service other than Services which are agreed in writing between the Customer and the Company.
2. Acceptance of Application
The Company reserves the right to refuse any application for Services & not to disclose any information regarding the refusal.
3. Services
3.1 The Company and Customer shall produce and agree the Specification of Services.
3.2 The Company and Customer each agree to dedicate the necessary resources and use all reasonable commercial efforts to meet their respective deadlines set forth in the Specification. Any delay or adjustment in the Specification caused by the Customer’s delay shall be the responsibility of the Customer and the Customer will pay the Company for all costs for additional time or the re-scheduling of booked resources at the Company’s standard daily rates plus expenses.
3.3 Performance Dates. The number of Chargeable Days estimated to be required to complete the Services as set out in the Order Form shall be reviewed following finalisation of the Specification and is based upon the following assumptions: (a) the scope of the tasks performed by the Company will not exceed those stated in the Specification (b) the Customer will perform and complete their assigned tasks required by the Specification in a timely manner; (c) the Customer will not suspend or delay the project in any manner (d) Services are performed during normal working hours, i.e. Monday to Friday, 9 a.m. to 5.00 p.m. except as otherwise agreed between the parties; (e) the Specification is not amended once agreed.
3.4 Change Control:
3.4.1 The Company may at any time in writing recommend and the Customer may in writing request from time to time, changes to any of the assumptions set out in clause 3.3 above or any part of the Specification or other provision of ttheir Agreement.
3.4.2 The Company will notify the Customer in writing within 5 working days of receipt of the change request or the making of the change recommendation of the time needed to investigate the implications for the Agreement of implementing the proposed change together with the costs, if any, to be charged by the Company to the Customer for undertaking such investigation.
3.4.3 Following the investigation (if any) the Company will give a written response (a “Change Response”) showing the effect of the proposed change including; a revised estimate of the number of Chargeable Days estimated to complete the Services; a revised project timeline; any additional expenses that will be incurred; and any effect on other contractual matters should the proposed change be implemented. The Company will use all reasonable endeavours to ensure that the Change Response is given within 10 working days (or such longer period as may be agreed) of receipt by the Company of a written instruction to investigate the implications of the proposed change.
3.4.4 Should the Customer wish to proceed with the proposed change, it will instruct the Company in writing of its wish as soon as reasonably practicable after receipt of the Change Response but not later than 10 working days (or such longer period as may be agreed) of receipt of the Change Response. Those parties of the Agreement affected by the change will then be deemed to be modified in accordance with the Change Response.
3.4.5 Until any change is formally agreed between the Company and the Customer each party shall continue to perform its obligations under the Agreement as if the change had not been proposed unless otherwise agreed by the parties in writing.
3.5 Key Personnel/Subcontractors. All personnel and subcontractors provided by the Company to perform services pursuant to the Agreement shall have the appropriate technical and application skills to enable them to adequately perform their duties. All services shall be performed in a competent and workmanlike manner. The Company will use all reasonable efforts to assure continuity in staffing of its key personnel.
4. Third Party Software & Hardware
4.1 Third Party Software and Hardware. All third party software shall be sold subject to the Customer’s acceptance of the relevant supplier’s software licence for such third party software. The Company shall to the extent that it is able pass through to the Customer any and all representations and warranties it receives from the respective third party software supplier.
4.2 Pricing. The pricing set forth in the Order Form for third party software is estimated; accordingly, the actual cost therefore may differ based upon the Customer specifications, changes to functionality, and changes in pricing by the third party software vendors as of the date the third party software is ordered.
4.3 Support Services. To the extent that third party software is supplied by the Company, the Customer may procure support services in accordance with the terms set out in the Order Form. The Company’s offer to provide these support services is contingent upon the Company’s ability to obtain such support from the appropriate third party software supplier.
5. Right to change Username, Internet Protocol Address and Password
The Company shall have the right from time to time to change the User name, Internet Protocol Address and or Password allocated by the Company for the purpose of essential network maintenance enhancement modernisation or other work deemed necessary to the operation of the internet.
6. Payments
6.1 Charges for the Services, as set out in the Order Form, shall be paid by the Customer to the Company in advance annually unless otherwise agreed in writing between the Company and the Customer in the Order Form.
6.2 The Company reserves the right to vary from time to time all charges with one month’s notice to the Customer and any variation shall take effect on the contract renewal date or the anniversary of the contract commencement date.
6.3 Itemised details of excess usage of band width and any other relevant charges may be made available to the Customer if ordered in advance and the Company reserves the right to make an additional charge for ttheir Service.
6.4 All payments shall be due to the Company on presentation of invoice or as stated on the Order Form and payments shall be sent to the Company’s main office or at such other address as may from time to time be specified by the Company in writing.
6.5 The Company reserves the right to charge interest on late payments at the rate of 8% in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
6.6 Charges and tariffs are quoted exclusive of Value Added Tax.
7. Usage
7.1 The Customer hereby agrees to:
a) accept and abide by the Don Campbell Acceptable Usage Policy as published on the Don Campbell website, and accept that it may, from time to time, be changed;
b) refrain from transferring any illegal material to or from other users of the Service and the other privately owned and operated services to which the Company may from time to time provide access;
c) refrain from sending menacing, offensive, abusive or annoying messages whilst using the service via the Company or any other internet service provider;
d) not divulge their password to any third party and use all reasonable endeavours to keep the same confidential and inaccessible to third parties;
e) keep the Company informed of any change to the Customer’s address and other such information as may effect the payment of charges due;
f) immediately cease to use any Internet Protocol Addresses allocated by the Company and acknowledge that the Company may re-allocate the Internet Protocol Addresses to a third party upon termination of the Agreement;
g) refrain from announcing by any means any and all Internet addresses allocated to or by the Customer as part of an autonomous system. Customers hosting with the Company who submit their site to autonomous systems agree to pay or be responsible for any direct costs that are incurred by the Company as a result;
h) refrain from using or permitting the usage of the Service in an unlawful manner or in contradiction of regulations governing the internet;
i) procure the agreement and understanding of its own customers where the Services are to be sold to third parties and procure that such customers agree in writing to terms and conditions no less onerous than contained in these Conditions;
j) not to resell a bandwidth greater than that purchased from the Company unless linked to the internet through another provider [in addition the bandwidth provided by the Company (dual homed) when the restriction will apply at the aggregated data rate].
8. Equipment
8.1 Colocated Equipment shall at all times be at the Customer’s risk. The Customer shall be responsible for insuring the Colocated Equipment against all risks.
8.2 Equipment leased from the Company shall at all times remain the property of the Company.
8.3 The Customer agrees to maintain, at Customer’s expense comprehensive general liability insurance for any leased equipment supplied by the Company.
9. Liability
9.1 In no case will the Company be liable to the Customer or any third party for or in respect of any indirect of consequential loss or damage (whether financial or otherwise), or for any loss of data, profit, revenue, contracts or business howsoever caused (whether arising out of any negligence or breach of the Agreement or otherwise), even if the same was foreseeable by, or the possibility thereof is or has been brought to the attention of the Company.
9.2 No action or proceeding against the Company arising out of or in connection with the Agreement shall be commenced more than one year after the Services rendered, and the parties acknowledge that their clause constitutes an express waiver of any rights under any otherwise-applicable longer statute of limitations.
10. Suspension
10.1 The Service may be suspended by the Company immediately and without notice and without prejudice to the Company’s rights of termination under Clause 11 in the event of.
(a) failure by the Customer to make any payment to be made to the Company on its due date for payment;
(b) the Customer doing or allowing anything to be done which jeopardises the Services or any network to which it is from time to time connected;
(c) the Customer exceeding its credit limit without prior approval of the Company or if the Customer is otherwise in breach of these Conditions;
10.2 No such suspension shall affect the liability of the Customer to pay charges and other amounts to the Company. During suspension the Company reserves the right to refuse to release the Customer’s Internet Protocol Address as issued by the Company;
10.3 At times of suspension a user will be directed to a webpage showing a suspension notice.
11. Term and Termination
11.1 The Agreement shall remain in force for the duration of the Customer’s usage of the services and for a minimum period of 12 months from verbal or written acceptance of Customers application, being the date on which the Company’s order form was signed by the Customer.
11.2 Termination can be effected as follows:
(a) by the Customer: The Customer may terminate the Agreement by giving 3 months’ written notice, which may expire at any time after 12 months from the initial date of commencement of service or on any anniversary date of the initial date of commencement. Email notification will not be accepted as notice of termination of Agreement
(b) by the Company: The Company may terminate the Agreement without notice, at any time forthwith if the Customer commits any breach of the Agreement including but without limitation non-payment of any fees due. The company will have the right to terminate the Agreement at its sole discretion for any reason.
11.3 The Company reserves the right to invalidate any Customer’s User name and Internet Protocol Address issued to the Customer following termination of the Agreement and to reallocate to another individual or organisation.
11.4 Domain name hosting and transfer request for domain name server records must be in writing with the authorised signature of the domain owner. There is no charge for the transfer, but a small charge may be made for administration. Domain name transfers will not be made until all outstanding amounts have been paid by the Customer until their time domain names remain the property of the Company.
11.5 The Customer shall at their own cost return to the Company all equipment cables and literature belonging to the Company within 5 days of final termination of the Agreement and ensure that it arrives in good working order.
12. Rights on termination
12.1 Termination of the Agreement shall not affect any pre-existing liability of the Customer or affect any right of the Company to recover damages or pursue any other remedy in respect of any breach by the Customer of the Agreement.
12.2 On termination of the Agreement the right to the use of the Internet Protocol Address allocated by the Company shall revert to the Company under the European Internet Registry Reseaux IP Europeans (“RIPE”) terms or agreement except where specific agreement has been reached in writing between the RIPE and the Customer for the transfer of the Internet Protocol Address and the fee or other payment required by the Company in connection with such transfer has been paid for by the Customer.
12.3 In the event of termination of the Agreement by the Company on account of any breach of these Conditions by the Customer the Company shall be entitled to the balance of all payments which would but for such termination have accrued due up to the earliest date on which the Agreement could have been terminated by the Customer in accordance with the terms hereof.
13. Release of Information
The Company shall not be required to release any User name, domain name or review Internet Protocol Address and may refuse to do so until the Agreement has been lawfully brought to an end and all sums due hereunder have been received by the Company, and the Customer has complied with all its obligations hereunder. Domain names remain the property of the Company until all sums due have been received.
14. Intellectual Property
14.1 Licence. The Company grants to the Customer a perpetual, royalty-free, non-exclusive, non-sublicensable and non-transferable licence to use to use the Services at the Customer’s site set out in the Order Form for the term of the Agreement and subject to the restrictions set forth in the Agreement, solely for the Customer’s internal purposes. The licence granted hereunder does not entitle the Customer to receive any updates, modifications, or new releases to the deliverables or software.
14.2 Rights Reserved. The Company reserves any and all of its copyright, trade marks, trade names, patents and other intellectual property rights created, developed, subsisting or used in or in connection with any deliverables, software, Services or the Specification which are the sole property of the Company.
14.3 Restrictions. The Customer shall not transfer its licence nor sublicense the deliverables or the software, except where permitted pursuant to the terms of the Agreement. The Customer shall not (and shall not allow any third party to) (i) remove any product identification, copyright, trademark, or other notices, (ii) sell, provide, lease, lend, distribute over the internet or (iii) load or use portions of the software (whether or not modified or incorporated into or with other software) on or with any machine or system that is not physically kept at the facilities of the Customer or within third party facilities contracted by Customer.
14.4 Customer shall not disassemble, decompile, or otherwise reverse engineer the Services provided however, that in the case of decompilation, Customer may incidentally decompile the Services only if it is essential so to do in order to achieve interoperability of the Services with another software program (“Permitted Purpose”) and provided the information obtained by the Customer during such decompilation is only used for the Permitted Purpose and is not disclosed or communicated to any third party to whom it is not necessary to disclose or communicate such information without the Company prior written consent and is not used to create any software which is substantially similar to the Services nor used in any manner which would be restricted by copyright.
15. Force Majeure
Should either party be unable to perform any non-monetary obligations required of it pursuant to the Agreement because of any cause beyond that party’s reasonable control, including without limitation, industrial disputes of whatever nature, power loss, telecommunications failures, acts of God, or any other force majeure event, then the non-performing party’s obligation to perform shall be suspended for such period as that party is unable to perform, provided that written notice of such force majeure event is given within ten (10) days of the party’s first recognition of delays arising from the occurrence of such event.
16. Notices
16.1 Any notices under or in connection with the Agreement shall be in writing and shall be delivered by royal mail post to the relevant address given in the Agreement or to such address as the recipient may have notified in writing to the other party for that purpose.
16.2 Suspension notices for non-payment of charges will be deemed as delivered by email to such address as the Customer may have notified.
16.3 Any notice shall be duly given, if given by pre-paid first class mail, at the expiration of 48 hours after the envelope containing the same shall have been posted. In proving such service it shall be sufficient to prove that delivery was made or that the envelope containing such communication was properly addressed and posted as a pre-paid first class letter.
17. Expenses of the Company
The Customer shall pay to the Company all costs and expenses (so that any legal fees shall be based on an indemnity basis) incurred by the Company in enforcing any of these Conditions, or exercising any of its other rights and remedies under the Agreement, including (without prejudice to the generality) all costs incurred in tracing the Customer in the event that legal processes cannot be enforced at the address last notified to the Company.
18. Non-Waiver
The allowance of time to pay or any other indulgence or waiver by the Company shall in no manner affect or prejudice its right to payment together with interest provided under these Conditions.
19. Invalidity
If these Conditions or any part thereof shall be adjudged for any reason to be void, unenforceable or ineffective but would be adjudged to be valid effective and enforceable if part of the wording were deleted or a provision were reduced in scope the Agreement shall continue with such modifications as may be necessary to make its provisions (or if such be the case its remaining provisions) valid effective and enforceable.
20. Confidentiality
Each party hereto undertakes to the other that it shall keep, and shall procure that its directors and employees shall keep secret and confidential and shall not use or disclose to any other person any information or material of a technical or business nature relating in any manner to the business, products or services of the other party which the receiving party may receive or obtain in connection with or incidental to the performance of the Agreement, provided that:
20.1 the receiving party shall not be prevented from using any general knowledge, experience and skills not treated by the disclosing party as confidential or which do not properly belong to the disclosing party and which the receiving party may have acquired or developed at any time during the Agreement;
20.2 the receiving party shall not be prevented from using the information or material referred to above to the extent such information or material comes into the public domain otherwise than through the default or negligence of the receiving party;
20.3 notwithstanding the above, either party shall have the right to communicate any information concerning the other party to any Government department or body or other authority established required by law or under court or Governmental order to disclose (but only to the extent required by such law or order).
21 Assignment
The Customer shall not assign or transfer any of its rights or obligations under these Conditions or the Agreement without the prior written consent of the Company.
22. Clause Headings Clause headings are for ease of reference and are not part of the Agreement and accordingly shall not affect its Conditions.
23. Entire Agreement All Services are provided on the foregoing conditions to the exclusion of any other terms and conditions and no terms and conditions contained in any document sent by the Customer to the Company shall be of any effect with respect to the Agreement unless expressly accepted by a duly authorised officer of the Company in writing. The Customer acknowledges that the Customer has not relied on and shall not be entitled to rescind the Agreement or to claim damages or any other remedy on the basis of any representation, warranty, undertaking or statement which is not set out in these Conditions or the Agreement including any representation made by or on behalf of the Company in relation to the Services which has induced the Customer to enter into the Agreement with the Company.
24. Variation
The Company reserves the right to vary these Conditions as a result of changes required by its insurers, operation or administration problems, new legislation, statutory instruments, Government regulations or licences.
25. Law and Arbitration
These Conditions and the Agreement are subject to and governed by the laws of England under the jurisdiction of the Courts of England.
Domain Management Terms & Conditions
These terms cover the provision of domain registration and domain managment services offered by Don Campbell and they may be amended from time to time without prior notification. By using Don Campbell to register and/or host your domain you automatically agree to our terms and conditions laid out below.The contract between you and Don Campbell is subject to the following:
1. When registering a domain with Don Campbell you automatically ask us to point it at our designated IP / Internet address and we charge you for doing so. This fee is included in the cost of the domain registration.
2. You must have the right to use the name and by registering you confirm to us that you have that right.
3. By registering a name you agree to keep Don Campbell fully and effectively indemnified at all times and indemnify Don Campbell accordingly against all costs, claims, liabilities actions and expenses arising directly of or indirectly through your choice and use of the domain name or by any breach by you of your obligations contained herein.
4. You may register a domain name on behalf of somebody else (a client for example) and you may charge them what you deem appropriate for your services. If you register a name without the permission and the knowledge of its final user and then sell it to them, you do so without our knowledge or consent. Breach of this term will result in cancellation of the registration.
5. If you register a domain name on behalf of somebody else (a client for example) and you are registered on our database as a billing contact, Don Campbell will first seek payment from you, but if you do not pay the fees for whatever reason Don Campbell will have the right to recover the fees from the client.
6. The standard initial registration of .com, .net, .info, .biz, .eu, .mobi and .me domains is for one year and .uk is for two years from the date of application for registration. Thereafter, you may renew the registration through Don Campbell for a minimum period of two years for .uk domains and a minimum of one year for all other domain extensions.
7. You may surrender the registration of the domain name by notice in writing to Don Campbell.
8. Once the domain name and your full details have been entered in the database no refund will be payable by Don Campbell.
9. Domain names are registered on a first come, first served basis whether or not Don Campbell has domain name service entries on the database or whether Don Campbell has received payment for the name.
10. There is no guarantee that a domain name applied for has been entered on Don Campbell Ltd’s database until you receive conformation of registration. You are advised not to take any action in respect of the registration of the domain name before you have received confirmation.
11. Acceptance of names is at the discretion of Don Campbell. Don Campbell will not accept a name for delegation if we believe that you may not have the right to use the name
12. Payment becomes due immediately when the domain is registered. All outstanding payments must be cleared within 7 days from the date of registration or Don Campbell has the right to resell the domain or discontinue the name service. Don Campbell reserves the right to charge for resumption of domain name services. Once you have submitted a registration or we have registered a domain on your behalf, you are liable for the full fees and any costs we incur recovering any outstanding fees, regardless of whether you keep or delete the name.
13. If the domain name changes ownership the new owner must reregister the name and pay the full registration fee to Don Campbell.
14. Don Campbell may cancel the registration or suspend the delegation of the domain name in exceptional circumstances by notice in writing to you. Exceptional circumstances include: where to maintain the registration would put Don Campbell in conflict with statutory obligation or the terms of a Court Order, or where the registration or use of the domain name conflicts with Don Campbell Ltd’s rules for its domains and sub-domains in force from time to time.
15. Don Campbell includes an administration charge in the domain name registration fee. When setting up a domain we may charge you extra for this service. Any future modifications that are made to the domain name registration details will incur an administration charge.
16. It is agreed that Don Campbell will not transfer a domain, repoint DNS or move the TAG to another party, until all registration, hosting and administration fees are paid in full. It is agreed that in the event of an unpaid invoice or outstanding balance for any service provided by Don Campbell or a Don Campbell employee, Don Campbell has the right to suspend or remove any or all domains associated with you or your company from Don Campbell’s DNS or servers. Furthermore, in the event of suspension or cancelation of service it is agreed that you will indemnify Don Campbell and any of its employees from any damages or loss of consequential business
17. In the event that you wish to transfer a domain to another service provider or TAG holder, we charge a small administration fee to perform the manual transfer. The charge is between £35. We will endeavour to process all transfers within 24 hours, but you agree to allow up to 14 days for transfer to commence.
Design Services Terms & Conditions
In these conditions, unless the context requires otherwise:
“Buyer” means the company, firm, body or person purchasing the Services from Don Campbell.
“Contract” means a contract, subject to these conditions, for the provision of the Services between Don Campbell and the Buyer.
“Don Campbell” means Don Campbell, whose registered office is at 2 Windsor Street, Hereford,. HR4 0HW, England, and any subsidiary or agent of Don Campbell through which the Services are sold.
“Order” means a purchase order in respect of the Services completed or agreed by the Buyer and submitted to Don Campbell, together with all documents referred to in it.
“Quotation” is an agreed piece of work (incorporating these conditions) provided by Don Campbell to the Buyer in respect of the Services. No contract will come into existence until Don Campbell’s written acceptance or order form has been completed and signed on behalf of the Buyer and the order acknowledgement has been signed on behalf of Don Campbell.
“Services” means the subject matter of each Contract between the Buyer and Don Campbell, being the work and/or services or any of them to be performed by Don Campbell for the Buyer pursuant to the Order.
“Standard Form” means Don Campbell’s standard form of Order.
1. GENERAL
1.1 A Quotation shall not be binding on Don Campbell and a Contract will only come into being upon acceptance by Don Campbell of the Order by signing or counter signing the date of the order and returning it to a customer.
1.2 The Contract will be subject to these conditions. All terms and conditions appearing or referred to in the Order or otherwise stipulated by the Buyer shall have no effect, unless such Order is in the Standard Form. Any variation to the Contract must be confirmed in writing by Don Campbell.
1.3 Quotations submitted by Don Campbell shall remain open for acceptance by the Buyer for a period of 14 (fourteen) days from the date of the Quotation (unless in the Quotation some other period is specified) or when Don Campbell withdraws the Quotation.
1.4 These conditions shall, to the extent applicable, apply to goods and products in the same way as they apply to Services.
1.5 The minimum length of any ongoing website services purchased will be 12 months.
2. PRICES
2.1 Where the Services are sold by reference to Don Campbell’s published price list or tariff structure, the price payable for the Services shall be the ruling price as published in the price list or tariff structure current at the date of purchase.
2.2 In other cases, the price for the Services shall, subject to clause 1.3 above, be that stated on the relevant Quotation.
2.3 Don Campbell shall (if applicable) add to the price of the Services, and the Buyer shall pay, an amount equal to any VAT or other sales tax, or duty applicable, from time to time to sales or supply of such Services.
2.4 Any price changes will take effect from the 1st day of the month and the customer will be notified in writing 7 (seven) days before any price change takes effect.
3. TERMS OF PAYMENT
3.1 Subject to clause 3.2 the Buyer shall, at the time of submission of an Order to Don Campbell, pay to Don Campbell a non-refundable deposit for the Services specified on the Order of 25% of the value shown on the Order (“Deposit”).
3.2 The Buyer shall not be required to pay a Deposit in respect of Optimisation or Web Hosting services.
3.3 Don Campbell shall invoice the Buyer for all Services (less any Deposit) immediately on completion of the web Site.
3.4 Unless otherwise agreed in writing by Don Campbell and without prejudice to clauses 3.1 and 4, invoices shall be payable by the Buyer immediately upon completion of the relevant Web Site to which the invoice relates.
3.5 The Buyer shall make all payments due to Don Campbell by credit card (4% additional charge payable by the buyer), debit card, cheque (supported by an appropriate cheque guarantee card), PayPal (4% additional charge payable by the buyer), or by bankers draft or in cash or by telegraphic or electronic transfer direct to the company bank account or by arranged Direct Debit (and in each case in pounds sterling).
3.6 If the Buyer fails to pay any amount due to Don Campbell under this Agreement on the relevant due date, default interest at the rate specified by the Late Payment of Commercial Debts (Interest) Act 1998 shall be added to such amount for the period from the day after the due date until the date of receipt (whether before or after judgment) together with any reasonable and proper amounts incurred by Don Campbell in seeking to recover such late payment from the Buyer (including, without limitation, legal fees).
4. WEB SITE DESIGN
4.1 The client unconditionally guarantees that any element of text, graphics or other artwork furnished to Don Campbell for inclusion in the web design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Don Campbell, partners and associates from any claim or suit arising from the use of such elements furnished by the client.
4.2 All creation files remain the intellectual property of Don Campbell on completion of a web design project.
4.3 Don Campbell shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivatives works, and distribute any item from the clients web pages unless specifically agreed to do otherwise. Further, Don Campbell shall be free to use any ideas, concepts, know how or techniques acquired in the construction of web sites for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and any other items incorporating such information unless specifically agreed otherwise.
5. SEARCH ENGINE OPTIMISATION
5.1 Whilst Don Campbell will try to improve the position of your website in Search Engine results in response to a search request, we do not warrant that this effort is in any way guaranteed.
5.2 Don Campbell cannot be held responsible for any changes to the position of your Website in the Search Engine results in response to a search.
6. WEB SITE HOSTING & NETWORK PROVISION SERVICES
6.1 All hosting, email, communications and infrastructure services and products supplied by Don Campbell in relation to the continuance of a managed website design (website management) service are covered under the terms of our Network Provision Services and as such the Buyer agrees to abide by those terms in addition to the agreement herein.
7. ECOMMERCE SERVICES
7.1. Usage of any ECOMMERCE SERVICES after activation will be deemed to constitute acceptance of the terms and conditions contained herein.
7.7. The benefits conferred by this agreement are non-transferable and use of any ECOMMERCE SERVICES is expressly limited to the individual or business whose name appears on the agreement associated with the Order.
7.3. ECOMMERCE SERVICES require the Buyer to set up a Merchant Account that is authorised by the Buyer’s financial institution to enable electronic point of sale transactions & the Buyer is responsible for choosing an appropriate Security solution to enable safe (secure) transmission and capture of all consumer data.
7.3.1 The Buyer agrees that Don Campbell is in no way responsible for the Security or Merchantability of any payment or security service integrated into the Buyer’s Ecommerce website.
7.4. The Buyer must prominently display Data Protection Notice, Terms and Conditions of Sale, a Shipping and Handling Policy that include a Returns Policy within the website and shopping cart for ECOMMERCE SERVICES to be enabled.
8. WARRANTY AND LIMIT OF RESPONSIBILITY
8.1 Don Campbell acknowledges and agrees that it shall perform the Services:
8.1.1 with reasonable skill and care; and
8.1.2 in accordance with good industry practice.
8.2 The Buyer acknowledges and agrees that Don Campbell shall have no liability to the Buyer in respect of the security and positioning of the Buyer’s Web Site.
8.3 The Buyer’s remedies in respect of any claim under the foregoing express warranty or any condition or warranty implied by law or any other claim in respect of the Services or Web Site or any workmanship in relation to them (whether or not involving negligence on the part of Don Campbell) shall, in all cases, be limited to re-performance of the Services or refund of the relevant purchase price.
8.4 Don Campbell shall not in any circumstances be liable to the Buyer for any indirect or consequential losses or any loss of profits purported to have been suffered by the Buyer.
8.5 Don Campbell shall not be liable for any failure in the performance of any of its obligations under the agreement caused by factors outside its control.
9. DELIVERY AND COMPLETION DATES
9.1 Don Campbell undertakes to use its reasonable endeavours to provide completed Services to the Buyer within 90 days of the date on which Don Campbell receives a signed Order from the Buyer.
9.2 The dates for carrying out the Services and delivery of any resultant Web Site are approximate only and, unless otherwise expressly stated, time is not of the essence for delivery or performance.
9.3 Don Campbell will not be liable in any circumstances for the consequences of any delay in delivery or performance or failure to deliver or perform save where the same is as a result of the negligence of Don Campbell.
9.4 No delay (unless material) shall entitle the Buyer to reject any delivery or performance or any other Order from the Buyer or to repudiate the Contract or the Order.
10. RESPONSIBILITY FOR APPROVAL
10.1 The Buyer acknowledges and agrees that Don Campbell shall produce the Web Site based on information provided to it by the Buyer.
10.2 Notwithstanding clause 8.1, it shall be the responsibility of the Buyer (and not Don Campbell) to review and approve the content of the Web Site (including, without limitation, the spelling of names and addresses and the accuracy of telephone numbers) at the time of the completion of such Web Site by Don Campbell to the Buyer for approval by the Buyer.
10.3 Don Campbell shall have no liability to the Buyer for any inaccuracies in the Web Site if and to the extent that the Buyer has failed to review and/or approve (or require amendment) provided to the Buyer by Don Campbell pursuant to this Agreement.
11. TERMINATION
11.1 Don Campbell may terminate the Contract immediately in the event that the Buyer is in breach of its obligations under the Contract and/or the Buyer suffers any event of insolvency or is or becomes unable to pay its debts as they fall due.
11.2 Don Campbell may at its discretion suspend or terminate the supply of any goods and services if the buyer fails to make any payment when due or otherwise defaults in any of its obligations under the contract or any other agreement with Don Campbell or becomes insolvent, has an administrative receiver appointed of its business or is compulsorily or voluntarily wound up or Don Campbell bona fide believes that any of those events may occur and in any case of termination may forfeit any monies paid.
11.3 Don Campbell may by written notice terminate the Agreement immediately and without liability for compensation or damages except as mentioned in this agreement if the Buyer fails to make payment as specified above.
11.4 Any contract cancelled during the first twelve (12) months will incur a penalty charge of £200.
12. THIRD PARTY CLAIMS
The Buyer shall indemnify Don Campbell and keep Don Campbell indemnified from and against any and all actions, costs (including, without limitation, the cost of defending any legal proceedings), claims, proceedings, accounts and damages in respect of any infringement or alleged infringement by a third party of any patent, registered design, unregistered design, design right, copyright, trade mark or other industrial or intellectual property rights resulting from compliance by Don Campbell with the Buyer’s instructions, whether express or implied.
13. ASSIGNMENT AND SUBCONTRACTING
13.1 None of the rights or obligations of the Buyer under the Contract may be assigned or transferred in whole or in part without the prior written consent of Don Campbell.
13.2 The Web Site shall be for the sole use of the Buyer and shall not be capable of assignment to a third party by the Buyer.
13.3 Don Campbell shall be entitled to sub-contract any work relating to the Contract without obtaining the consent of, or giving notice to, the Buyer.
14. NOTICES
14.1 Any notice or other communication to be given under these conditions must be in writing and may be delivered or sent by prepaid first class letter post or facsimile transmission.
14.2 Any notice or document shall be deemed served: if delivered, at the time of delivery; if posted, 48 hours after posting; and if sent by facsimile transmission, at the time of transmission.
15. INVALIDITY
The invalidity, illegality or unenforceability of any provision of these conditions should not affect the other conditions.
16. THIRD PARTY RIGHTS
A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
17. LAW AND JURISDICTION
The Contract shall be governed by and construed in all respects in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts.
Terms & Conditions of sale
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by Don Campbell, whose registered office is at 2 Windsor Street, Hereford. HR4 0HW England, United Kingdom. (the “Supplier”).
1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us.
1.3 By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
1.4 The contract is subject to your right of cancellation (see below).
1.5 The Supplier may change these terms of sale without notice to you in relation to future sales.
2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on the Supplier’s website at the time you place your order.
2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.3 Every effort is made to ensure that prices shown on the Supplier’s website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.4 In addition to the price, you may be required to pay a delivery charge for the goods.
3. Payment
3.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier’s website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be of the essence.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
4. Delivery
4.1 The goods you order will be delivered to the address you give when you place your order.
4.2 Orders placed before 2:30 pm on a working day will be processed that day and will be dispatched within 3-5 days and would normally be delivered in 2-3 working days thereafter, upon receipt of cleared payment & assuming no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.) Please allow up to 10 days from date of order to receive your goods before contacting customer support.
4.3 If delivery cannot be made to your address for reasons under the Supplier’s control the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery.
4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier, the Supplier may:
4.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
4.4.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
4.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods, less any expenses incurred for failed delivery.
4.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
4.7 Time for delivery shall not be of the essence. The goods may be delivered by the Supplier in advance of the quoted delivery date.
4.8 Upon receipt of your order you will be asked to sign for the goods received in good condition. If you are unable to check the contents of the package at that moment in time please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter.
5 Risk/Title
5.1 The goods are at your risk from the time of delivery
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from the Supplier.
6. Title for Business Customers
6.1 If you are a business customer until ownership of the goods has passed to you, you must:
6.1.1 store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier’s property;
6.1.2 not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier’s behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and
condition and keep them insured on the Supplier’s behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and
6.1.3 hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
6.2 If you are a business customer your right to possession of the goods shall terminate immediately if:
6.2.1 you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
6.2.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
6.2.3 you encumber or in any way charge any of the goods.
7. Your right of cancellation
7.1 You have the right to cancel the contract at any time up to the end of 7 working days after you receive the goods (see below).
7.2 To exercise your right of cancellation, you must give written notice to the Supplier by letter or via the Returns on Line section of our website, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
7.3 If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to the address shown below. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
7.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
7.5 If you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
7.6 You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, or for consumable goods which, by their nature, cannot be returned.
8. Warranty
8.1 All goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
8.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier’s instructions, or any alteration or repair carried out without the Supplier’s approval.
8.3 If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via the e-mail address or fax number shown below within 7 days.
8.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via the e-mail address or fax number shown below, as soon as possible, but in any event within 7 days of the date you discovered or ought to have discovered the damage, defect or complaint.
9. Limitation of Liability
9.1 the Supplier’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods.
9.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier’s negligence or fraudulent misrepresentation.
9.3 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
10. Data Protection
The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
11. Applicable Law
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.
12. Images
Product images are for illustrative purposes only.
Don Campbell (doncampbell.co.uk)
2 Windsor Street,
Hereford
HR4 0HW.
England.
United Kingdom.