Terms & Conditions
Bate Brand Communications. Standard Terms and Conditions. Version 01_19.09.23
1. Definitions:
1.1 Agreement: the agreement (of which this document forms a part) formed between Bate Brand Communications and the Client for the provision of Services.
1.2 Applicable Rate: the hourly charge applicable to the Work in question as agreed in writing between Bate Brand Communications and the Client.
1.3 Client: the other party to this agreement as identified in the order.
1.4 Conditions: the terms set out in this document.
1.5 Estimate: a document prepared by Bate Brand Communications that indicates an estimate of the time which will be required to carry out work.
1.6 Order Confirmation: an acceptance by the Client of any Quote or other offer to carry out work by Bate Brand Communications.
1.7 Project: the development that is the subject of an agreement between Bate Brand Communications and the Client.
1.8 Quote: a document prepared by Bate Brand Communications and communicated to the Client which offers to carry out certain work for a specified cost.
1.9 Third Party: Any person or legal entity not a party to this Agreement.
1.10 Third Party Software: Any software or code component that is the property of a Third Party.
1.11 Work: any time spent by Bate Brand Communications on the Project including but not limited to on-site visits, writing specifications, general advice, consultancy project management and programming.
1.13 Writing: the term “in writing” includes by email.
2. Interpretation:
2.1 In the event of a conflict between any part of these Conditions and any Quote, offer or Order Confirmation, these Conditions shall have precedence.
2.2 This Agreement (as varied in accordance with its terms) forms the entire understanding.
3. Work:
3.1 The terms of this Agreement apply to all present and future contracts entered into between the Client and Bate Brand Communications.
3.2 Before commencing a piece of Work, Bate Brand Communications will provide a Quote or an Estimate detailing what Work is to be carried out. The Client must confirm in writing its acceptance of that Quote or Estimate.
3.3 Quotation: the Client will be charged the amount specified in the Quote for the work carried out in accordance with it, regardless of the time actually taken to complete that work.
3.4 Estimate: estimates are based on Bate Brand Communication’s current costs of production time and materials and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.
3.5 Preliminary Work: All work carried out, whether experimentally or otherwise, at customer’s request shall be charged.
3.6 Copy: A charge may be made to cover any additional work involved where copy supplied is not clear and legible.
3.7 Proofs: Proofs of all work may be submitted for customer’s approval and Bate Brand Communications shall incur no liability for any errors not corrected by the customer in proofs so submitted. Customer’s alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to Bate Brand Communication’s judgement, changes there from made by the customer shall be charged extra.
3.8 Bate Brand Communications reserves the right to amend any specification where the effect will be to maintain or enhance the overall performance of the Goods or Services.
3.9 Quotations are valid for 30 days from the date of delivery but may be varied by Bate Brand Communications (by written notice) at any time prior to acceptance by the Client.
3.10 Bate Brand Communications will use its best endeavors to complete work in accordance with delivery dates specified but shall not be liable for any loss resulting from late delivery.
3.11 Any deficiencies in the product or service delivered by Bate Brand Communications must be notified to Bate Brand Communications in writing within 10 working days of delivery.
3.12 The Client shall provide to Bate Brand Communications all information, products, data and facilities reasonably required by Bate Brand Communications in order to perform services under this Agreement.
3.13 Should work be required on the Client’s site, the Client shall provide safe working conditions for the representative(s) of Bate Brand Communications.
4. Charges:
4.1 Subject to clause 4.2, below, any work carried out by Bate Brand Communications shall be charged at the Applicable Rate unless an alternative rate is agreed in writing.
4.2 No rate below the Applicable Rate may be agreed other than in writing by a Director of Bate Brand Communications.
4.3 Subject to prior notification in writing, Bate Brand Communications reserves the right to vary the Applicable Rate at any time.
4.4 Except where Work is being carried out pursuant to a Quote, any change in the Applicable Rate shall apply to the remainder of the Work carried out on any Project.
4.5 On-site visits will be charged at the Applicable Rate for the Project including travel time plus reasonable travel expenses. Subject to prior written notification, Bate Brand Communications reserves the right to vary this charge at anytime.
4.6 All charges and prices quoted are subject to and exclusive of Value Added Tax (VAT) at the standard rate. Bate Brand Communications reserves the right to change the amount of any Value Added Tax or duty payable whether or not included on the estimate or invoice.
5. Delivery and Payment:
5.1 Unless otherwise specified, the price quoted is for delivery of the final work (and excludes items covered in clause 12.6) to the customer’s address as set out in the estimate. A charge may be made to cover any extra costs involved for delivery to a different address.
5.2 Should expedited delivery be agreed an extra charge may be made to cover any overtime or any additional costs involved.
5.3 Should work be suspended at the request of, or delayed through any default of, the customer for a period of 14 days Bate Brand Communications shall then be entitled to payment for work already carried out, materials specially ordered, and other additional costs including storage.
5.4 Responsibility for completed work will pass from Bate Brand Communications to the customer upon notification that the work is completed, or upon dispatch from Bate Brand Communication’s premises, whichever is earlier.
5.5 Schedules of timings are stated as accurately as possible, but are not guaranteed and are subject to extension to cover delays caused by events beyond Bate Brand Communication’s control.
6. Payment Terms:
(a) All invoices due for settlement within 14 days from invoice date unless separate terms are agreed in writing by the Directors of Bate Brand Communications.
(b) New customers will be required to pay a deposit up to 50% of project value prior to project work commencing.
(c) We reserve the right to request deposit up to 50% of project value on all web development work to cover our set up costs.
(d) Any 'work in progress' will be invoiced as the work is completed not necessarily at the end of the project.
(e) We reserve the right to request deposits on all printing we purchase on your behalf.
(f) Payment of any print we purchase on your behalf, depending on status, will be due at the time of placing your order or settlement of invoice within 14 days from invoice date and in which case we reserve the right to request a deposit unless separate terms have been agreed in writing by a Director of Bate Brand Communications. We purchase significant amounts of print and working in this way will enable us to negotiate the best possible terms with our suppliers, which we will use to benefit of our own customer.
(g) Invoices unpaid: Interest will be applied to any sum not paid by the due date at the rate of 8% over prevailing base rates per month or part thereof until the date on which payment is received.
(h) No deduction may be made in respect o set-off or counterclaim.
6.2 Bate Brand Communications prefer not to accept cheques as a method of payment however if payment is to be made by cheque cheques should be made payable to Bate Brand Communications. Payment may also be made in the following ways only:
(a) Cash: Sterling currency tendered in person. Cash should not be sent by post or carrier; any cash sent other than in person is at the risk of the Client.
(b) CHAPS, BACS, Credit Card, Debit Card or PayPal. Bank details below:
Bate Brand Communications
Sort:
Account:
(c) Other: No other method of payment is permitted except where agreed in writing by a Director.
(d) Payment must be made in sterling unless otherwise agreed in writing by a Director.
7. Variations in Quantity:
Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 5 per cent for all work.
8. Claims:
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to Bate Brand Communications and the carrier within three clear days of delivery (or, in the case of non-delivery, within 28 days of dispatch of the goods). Any claim in respect thereof must be made in writing to Bate Brand Communications and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of dispatch). All other claims must be made in writing to Bate Brand Communications within 28 days of delivery. Bate Brand Communications shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (a) it was not possible to comply with the requirements and (b) advice (where required) was given and the claim made as soon as reasonably possible.
9. Consequential Loss:
Bate Brand Communications shall not be liable for any consequential loss incurred by the customer in the event of late or non-delivery. Where defective goods have been supplied by Bate Brand Communications liability shall be restricted to the correction of such goods.
10. Standing Material:
10.1 Metal, film, magnetic media, code, electronic files and other materials owned by Bate Brand Communications and used by Bate Brand Communications in the production of type, plates, blocks, computer processing, film-setting, negatives and positives, etc., shall remain its exclusive property. Such items when supplied by the customer shall remain the customer’s property. Whilst reasonable care is taken of negatives and positives, no responsibility for loss or damage, howsoever caused, can be accepted (see Insurance). (Subject to clause 12.)
10.2 Type may be distributed, lithographic plates destroyed and magnetic media overwritten immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, rent may be charged for storage, and no responsibility for loss or damage, howsoever caused, can be accepted by Bate Brand Communications (see Insurance).
11. Insurance:
Bate Brand Communication’s liability on its own property ceases when the work is either dispatched or upon the date of invoice to the customer, whichever is the earlier, and the customer is responsible for insurance on such property from that time. Bate Brand Communications will not be liable for loss, damage or theft to any data held on magnetic media, film, plates, paper or material belonging to the customer howsoever caused. Liability to insure such items on Bate Brand Communication’s premises rests with the customer. Bate Brand Communications shall not be liable for any consequential loss.
12. Title and Risk:
12.1 The risk in the goods passes to the customer as in clauses 6, 10 and 11.
12.2 Title in all goods sold under these conditions shall be retained by Bate Brand Communications until payment in full of the purchase price together with payment in full of the price of any other goods which are the subject of any other contract between Bate Brand Communications and the customer. Until such payment the customer shall hold the goods in such a way as to be identifiable as the property of Bate Brand Communications and as bailee on behalf of and in a fiduciary capacity for Bate Brand Communications.
12.3 In the event of any disposal of the goods by the customer prior to payment in full of the purchase price the customer shall hold the proceeds of the sale in a fiduciary capacity for Bate Brand Communications. Such proceeds of sale shall be placed in a separate account of the customers to be identifiable as the property of Bate Brand Communications. Any such sub-sale by the customer shall as between the customer and Bate Brand Communications be effected by the customer as agent for Bate Brand Communications but as between the customer and the sub-purchaser shall be effected by the customer as principal.
12.4 If goods the property of Bate Brand Communications are admixed with goods the property of the customer or are processed with or incorporated therein the product thereof shall become and shall be deemed to be the sole and exclusive property of Bate Brand Communications until payment in full by the customer of the purchase price of the goods. Bate Brand Communications shall have full power and title to dispose of and sell such admixed goods provided that Bate Brand Communications having first applied the proceeds received from the sale of the admixed goods in satisfaction of the outstanding balance of the price owed to it by the customer shall account for the remainder to the customer.
12.5 In the event of non-payment by the customer by the due date Bate Brand Communications shall be entitled in addition to any and all other rights available to it to enter any premises where the goods may be and to recover possession of them.
12.6 Copyright: (a): The copyright and ownership remains with Bate Brand Communications on all original electronic media, files, source code, software and programs developed by Bate Brand Communications, and all illustrations, commissioned photography, designs unless otherwise agreed in writing. Any further use of these designs by the client (not covered by the original purchase order) must be agreed with Bate Brand Communications in writing. Any copyrights not held by Bate Brand Communications, but for which agreement (fee has been paid) has been obtained for the use of said material, Bate Brand Communications will not be held responsible if the client chooses at his own discretion to break any said copyrights.
(b): Bate Brand Communications gives no warranty or assurance in any shape or form, or implied, that any original, new, or replicated designs will not either infringe any third party rights or comply with any relevant regulatory or statutory controls. It is for the clients of Bate Brand Communications to carry out their own investigations in this regard and/or to provide Bate Brand Communications with the necessary information. Also in so becoming a client of Bate Brand Communications the client fully indemnifies Bate Brand Communications against any legal action and subsequent judgements that may arise from point.
13. Customer’s Property:
Customer’s property and all property supplied to Bate Brand Communications by or on behalf of the customer shall, while it is in the possession of Bate Brand Communications or in transit to or from the customer be deemed to be at customer’s risk and the customer should insure accordingly.
14. Materials Supplied by the Customer:
14.1 Bate Brand Communications may reject any paper, plates or other materials supplied or specified by the customer which appear to it to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production will be charged except that if the whole or any part of such additional cost could have been avoided but for reasonable delay by Bate Brand Communications in ascertaining the unsuitability of the materials then that amount shall not be charged to the customer. As matt coated materials are liable to rubbing and scuffing problems, this estimate assumes such paper supplied or specified by the customer will be suitable for processing without marking. In the event of methods having to be used to avoid marking which incur costs, extra charges will be made.
14.2 Where materials are so supplied or specified, Bate Brand Communications will take every care to secure the best results, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified.
14.3 Quantities of material supplied shall be adequate to cover normal spoilage.
15. Materials Supplied to the customer:
Bate Brand Communications takes no responsibility for any errors in electronic files supplied to the customer or one of its suppliers, where the customer has approved the Design and Artwork beforehand. Any subsequent errors, omissions and additional costs that occur, without first supplying a digital proof to Bate Brand Communications to approve, are the responsibility of the client.
16. Machine Readable Codes:
16.1 In the case of machine readable codes or symbols, Bate Brand Communications shall print the same as specified or approved by the customer in accordance with generally accepted standards and procedures.
16.2 The customer shall be responsible for satisfying themselves that the code or symbol will read correctly on the equipment likely to be used by those for whom the code or symbol is intended.
16.3 The customer shall indemnify Bate Brand Communications against any claim by any party resulting from the code or symbol not reading or not reading correctly for any reason, except to the extent that such claim arises from any failure of Bate Brand Communications to comply with paragraph (16.1) above which is not attributable or error falling within the tolerances generally accepted in the trade in relation to printing of this sort.
17. Insolvency:
If the customer ceases to pay his debts in the ordinary course of business, or cannot pay his debts as they become due, or being a company is deemed to be unable to pay its debts, or has a winding-up petition issued against it, or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, Bate Brand Communications without prejudice to other remedies shall:
17.1 Have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to him, and
17.2 In respect of all unpaid debts due from the customer have a general lien on all goods and property in Bate Brand Communication’s possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as it thinks fit and to apply the proceeds towards such debts.
17.3 Have the right to enter the customer’s premises and recover goods that have not been paid for.
17.4 Have the right to obtain payment from the directors of the Client company who will become personally liable for all the outstanding debts of the customer.
18. Termination:
18.1 Either party may terminate this Agreement at any time upon giving 30 days written notice.
18.2 However, notwithstanding any termination of this Agreement under Clause 18.1 or otherwise:
(a) The terms of this Agreement shall continue to apply to any Work carried out under or in relation to any contract entered into prior to the expiry of the 30 days notice.
(b) The terms of this Agreement relating to Confidentiality (Clause 22) shall continue to apply.
(c) The terms of this Agreement relating to Non-Solicitation (Clause 27) shall continue to apply.
19. Limitation of Liability:
19.1 Bate Brand Communication’s liability in the event of any breach of contract or tortious act shall be limited to the amount paid by the Client under the relevant Agreement for the Work in question.
19.2 Bate Brand Communications shall under no circumstances be liable for any loss or damage arising which is indirect or consequential in nature.
20. Third Party Software:
Any Third Party Software is supplied subject to the third party’s licence terms, a copy of which is available from Bate Brand Communications on request. By placing an order the Client accepts those third party licence terms.
21. Illegal Matter:
21.1 Bate Brand Communications shall not be required to produce any matter which in its opinion is or may be of an illegal, immoral or libellous nature or an infringement of the proprietary or other rights of any third party.
21.2 Bate Brand Communications shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libellous or immoral matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amount paid on a lawyer’s advice in settlement of any claim.
22. Confidentiality:
22.1 Subject to clause 22.2 below each Party must (unless otherwise required by law):
(a) Keep confidential all information obtained from the other Party (the “Disclosing Party”) under or in relation to this Agreement (“Information”).
(b) Not disclose any Information to any Third Party without the prior written consent of the other Party other than to such persons and to such extent as may be strictly necessary for the performance of the Agreement.
(c) Not use any information otherwise than for the purposes of this Agreement.
22.2 The provisions of clause 22.1 do not apply to information which:
(a) Is or becomes public knowledge (otherwise than by a breach of this clause); or
(b) Was in the possession of the party concerned without restriction as to its disclosure before it was received from the Disclosing Party.
22.3 The provisions of clause 22.1 do not apply to disclosures of Information for a proper purpose to any public authority, regulatory body or a court of law in legal proceedings or to either Party’s senior management, auditors, bankers, lawyers or professional advisers.
22.4 The provisions of this clause 22 shall continue to apply notwithstanding termination of the Agreement.
23. Periodical Publications:
A contract for the production of periodical publications will be negotiated for each periodical commissioned.
24. Force Majeure:
Bate Brand Communications shall be under no liability if it shall be unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lockout, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the customer may by written notice to Bate Brand Communications elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
25. Sub-contracting:
Bate Brand Communications reserves the right to carry out any order by sub-contracting.
26. Entire Agreement:
26.1 This document contains the entire agreement between the parties and supercedes all prior or contemporaneous understandings and agreements relating to the subject matter of this Agreement whether oral or in writing. Neither party was induced by any representation to enter into this Agreement. There are no provisions, representations, undertakings, agreements or collateral agreements other than as set out in this document.
26.2 No addition, deletion or modification to this Agreement may be made other than in writing signed and dated by the Client and a Director of Bate Brand Communications.
27. Non-solicitation:
27.1 For the purposes of this Clause 27:
(a) “Former Employee” means any former employee of the relevant Party whose employment with that Party terminated in the preceding 12 months;
(b) “any Contract” means any contract whatsoever, regardless of whether it incorporates the terms of this Agreement or is otherwise covered by this Agreement;
27.2 During, and for a period of 12 months following termination of, any Contract between Bate Brand Communications and the Client:
(a) Neither Party shall seek to entice away from the other’s employment any Employee of that other Party.
(b) Neither Party shall offer employment to any Employee of the other party.
(c) Neither Party shall seek to entice away any Third Party client of the other Party.
27.3 During, and for a period of 12 months following termination of, any Contract between Bate Brand Communications and the Client, neither Party shall offer employment to any Former Employee of the other Party.
27.4 Either Party shall be entitled to seek an injunction to prevent any breach of this Clause 27;
27.5 In the event of breach of this Clause 27, the Party in breach shall be liable for all resulting losses of the other Party, including (but not limited to):
(a) Lost business.
(b) Costs of finding a replacement employee, including (but not limited to):
i. All recruitment agency fees.
ii. Time spent by Bate Brand Communications in finding a replacement (at the Applicable Rate).
(c) Costs of training a replacement employee, including (but not limited to):
i. Time spent by Bate Brand Communications training the new employee (at the Applicable Rate).
ii. External training course fees.
iii. Losses resulting from the decreased productivity of the new employee.
27.6 The measure of damages in the event of breach of this Clause (being a reasonable estimate of the loss stated in clause 27.3 above) shall be fifty per cent (50%) of the starting salary of the Employee in his new employment with the Party in breach or £15,000, whichever is greater.
28. Waiver:
The failure by Bate Brand Communications to enforce at any time any one or more of these Conditions shall not amount to a waiver of any such Condition and shall not prevent Bate Brand Communications from enforcing such Condition at any future time.
29. Severance:
Should any provision of this Agreement or part thereof be or become inconsistent with or invalid or unenforceable under any applicable law such provision shall be construed as limited to the minimum extent necessary in order to be consistent with and fully enforceable under the relevant law. Such inconsistency, invalidity, unenforceability or limitation shall not affect in any way the validity or effect of the remainder of that provision or of any other provision of this Agreement.
30. Third Parties:
No person or entity who is not a party to this Agreement shall have any rights in relation to this Agreement as a result of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
31. Notice:
31.1 The ‘postal rule’ is declared not to apply to any notices given under this Agreement.
31.2 For the avoidance of doubt any notice given by one party to the other party (the “Recipient”) must in fact be communicated to that Party.
31.3 Any notice delivered to the address given in this document for the relevant party shall be deemed to be delivered at the time of actual delivery if during business hours or if otherwise then at the commencement of the following business day.
31.4 Should either party notify the other party in writing of a change of address, then Clause 31.3 shall refer to that new address instead of the address specified in this document.
32. Additions:
In addition to our Standard Terms and Conditions, specific to website production (graphic design, web design and build and consultancy ) the following conditional apply:
32.1 Agreement of design
Before we commence work on your site, we will give you a quotation in writing. Later deviations from the quoted specification may incur extra cost but we will always agree a new price with you before we carry out the additional work or make the changes.
32.2 Safety of items sent for scanning
Although we try to ensure the safety of items sent for scanning, we cannot guarantee their safe return in an undamaged state.
32.3 Copyright clearance
It is your responsibility to make sure you have the right to reproduce the text and pictures supplied by you. You indemnify us against any liabilities due to breach of copyright caused by any material supplied by you.
32.4 Ownership of the site
Your web site is provided for your use only, you may not re-sell it without our prior agreement. Once you have paid all our design fees you may move it to another server if you wish. However you do not own the copyright on our design, or on any pictures or photos supplied by us or on any software used to run your site. We also cannot guarantee that any scripting and other software we use will run on your new server.
32.5 Consultancy and advice
Our consultancy service and general advice is, by its nature, subjective. It is up to you whether you decide to follow our ideas and suggestions. We cannot guarantee that any of those ideas and suggestions will increase traffic to your site, improve your ratings with search engines or boost sales.
32.6 Payment for services
Payment for design services are normally due on completion. In the case of long or ongoing projects, stage payments may be agreed in advance.
33. Intellectual Property Rights:
33.1 Any Project completed for the Client under this Agreement shall become the property of the Client, save that:
(a) Due to the nature of its business Bate Brand Communications builds re-usable software components. These components remain the property of Bate Brand Communications. The Client gains no proprietary rights in any code or Work apart from the completed Project;
(b) Any Third Party Software or component provided to the Client by Bate Brand Communications remains the property of that Third Party. Any rights obtained by the Client in relation to such software are limited to those set out in the relevant licence agreement, a copy of which is available from Bate Brand Communications upon request.
34. Hosting:
34.1 Use of service
Your web space is provided for your use only. You may not re-sell any of this web space to a third party.
34.2 Content
You may only use your site and its associated e-mail addresses for lawful purposes and must not use them for unsolicited advertising by e-mail. You must also not use them for pornography, other adult content, abuse, libel, inciting racial hatred, distributing pirated material or hacking and must not provide links to other sites that do so. Breaking this rule will result in your site being immediately removed from the server and all money paid being forfeit.
34.3 (Unsolicited Commerce Email)
Spam Spamming, the sending of unsolicited mass email from or through a Bate Brand Communications hosted website or using an email address that is maintained on a Bate Brand Communications hosted website is STRICTLY prohibited. Bate Brand Communications will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a Bate Brand Communications website, or if they sell or distribute software on their website that facilitates spamming. Violators will face immediate suspension.
Please report any instances of spamming to abuse@netguides.co.uk detailing as much information as possible, clearly identifying the source of the unsolicited email. This will then be investigated, dealt with and replied to within 24 hours.
34.4 Continuity of service
We cannot guarantee a 100% continuous service for web hosting, e-mail or statistics and are not liable for any problems or losses arising directly or indirectly from the failure of these services.
34.5 Hosting fees
Web hosting charges are payable annually in advance. Failure to pay web hosting charges may result in your site being removed from the server.
34.6 Cancellation
Web hosting and e-mail forwarding can be cancelled at any time by you or by us with or without notice. We will pay pro-rata refunds for unused months paid in advance unless we are cancelling because you are in breach of the terms of this agreement.
35. Domain Name Registration:
35.1 Registration
If you ask us to register a domain name for you, we will register it in your name (not ours). In doing this, we are acting as your agent with the appropriate Naming Authority. The contract of registration is between you and them and you are bound by their terms and conditions.
35.2 Renewal
Registration is for two years unless otherwise agreed. Although we will do our best to renew the registration for you, it is ultimately your responsibility to make sure this happens so please keep a note of the date.
35.3 Registration charges
Domain name registration charges are payable within 30 days of registration or renewal. You are liable to pay these charges even if you decide not to ask us to design your website.
35.4 Moving domain names
On request, we will retag your domain name away from our server provided all outstanding fees to us have been paid.
36. General:
36.1 Indemnification
You indemnify us against any and all liabilities, losses, costs and claims howsoever arising or resulting from:
36.2 defamatory or misleading material posted on your website or distributed via your newsletter or e-mail address
36.3 any injury to person or property caused by any products you sell or otherwise distribute from your website, newsletter or e-mail address
36.4 any material on your website, newsletter or e-mail address or supplied by you from them infringing or allegedly infringing on the proprietary rights of a third party
36.5 copyright infringement and
36.6 any defective products sold or otherwise distributed from your website, newsletter or e-mail address.
37. Law:
These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England and Wales. In the event of a dispute, this agreement is subject to English law. Bate Brand Communications reserves the right to change these terms and conditions at any time.
38. Conclusion:
By placing an order with Bate Brand Communications the Client accepts these Terms and Conditions in their entirety.