Terms and Conditions
Active Images of 113 Cheyne Walk, London N21 1DD (hereinafter referred to as "Active Images") agree to provide Services as detailed in the Contract of Appointment, to the individual, organisation or public body referred to therein (hereinafter referred to as "the Client").
1. All clients are informed that these Terms and Conditions are contained on our web site. USING ANY OF ACTIVE IMAGES INTERNET SERVICES AND DESIGNER SERVICES SIGNIFIES YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS BELOW.
2. Unless specifically varied in the Active Images Contract of Appointment or otherwise in writing by Active Images, the following payment terms shall apply: Pro-forma accounts will be rendered calendar monthly and/or on completion of the services provided. Settlement of all invoices shall be no later than 7 days from sent date, unless otherwise agreed in writing. We reserve the right to charge interest at 3% per month or part month above Natwest base rate on payments more than 7 days overdue.
3. It is standard practice that Active Images may require an advance or "staged" payment of a proportion of the estimated fee to be paid prior to commencement of work on account of expenses likely to be incurred. Should the working period be extended, or the estimate exceeded, further "staged payments" may be required at this time. The final staged payment is due within 7 days of completion of the project.
4. All fees quoted are subject to review and adjustment by Active Images dependent on actual work undertaken.
5. Copyright in all documents, papers, etc. prepared or caused to be prepared by Active Images or its Consultants is expressly reserved by Active Images unless stated otherwise in the Contract of Appointment.
6. The Client agrees that Active Images may use The Clients name and web site for the purposes of promoting Active Images and its services including the placing of links from the Clients web site to Active Images own website and vice versa.
7. Active Images will not offer technical support unless stated otherwise in the Contract of Appointment.
8. We cannot guarantee to provide support for an unlimited number of OS versions or programmes by all manufactures. The Client will always be informed if we do not support a particular program. However, we are prepared to do our best to suggest procedures which might or might not work with unsupported programs.
9. Active Images is not responsible for loss or damage to The Clients equipment or data stored thereon due to advice taken by The Client from Active Images.
10. Active Images does not and cannot guarantee uninterrupted access to the Internet. Internet services are obtained from numerous "backbone" Internet companies and connections and equipment can and do break down. Active Images does not warrant for any loss of service time, transmission errors, connectivity or quality of service.
11. Data stored on our servers is not guaranteed to be backed up. It is recommended that The Client keep an independent backup of important data such as their website and any files relating to it.
12. The Client will be responsible for the content of any web pages not designed by Active Images, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate any laws.
13. The Client will be responsible for obtaining the legal permission for any works they provide to Active Images to be included in their web pages.
14. When a website is found to be monopolising the resources available Active Images reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby Active Images continues hosting the website for an additional fee
15. All Hosting Accounts are payable yearly in advance.
16. Subscription to all email and webspace products is for a minimum of 12 months.
17. The Domain Name Registration fee is payable on registration. No fees are charged for failed registrations.
18. Failure to pay The Domain Name Registration fee will result in the domain name being released for others to purchase.
19. Active Images provides a Domain Name Registration Service for the convenience of its clients. Domains can only be registered via our service if there is an INTENTION in the future to host the Domain on Active Images Server. Bulk registration of Domain Names for the purpose of profit is not allowed using our service.
20. Active Images reserves the right to withdraw its services at its entire discretion, particularly in the event of any failure to pay its pro-forma accounts and invoices. Upon such withdrawal of its services, Active Images shall be under no liability whatsoever to the Client for any costs, losses and damages, howsoever arising, that the Client may incur or may have incurred.
21. It is hereby agreed between Active Images and the Client that where Active Images withdraws its services due to any failure by The Client to pay its pro-forma accounts and invoices, Active Images may remove any material stored upon any computer or server and shall retain, and shall not be under any obligation to return or provide access to, any and all documents, papers, etc. belonging to the Client until payment is made in full of all Active Images pro-forma accounts and invoices.
22. Active Images will comply with the relevant English Data Protection laws, this means that any personal details provided to us will not be disclosed to third parties without your consent.
23. These Terms and Conditions are governed by and subject to English Law.
These Terms and Conditions are alterable by Active Images without notice in as far as they are published on the Active Images web site.