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savSOFT Masthead

Terms & Conditions

Introduction

savSOFT Limited strives to deliver a quality service with regard to website design and/or hosting ("the Services") using the skills and knowledge acquired during many years working in an IT environment. It is necessary to state, for legal reasons, that all work carried out by savSOFT Limited is under full understanding of and compliance with the following terms and conditions ("the Terms and Conditions").

Payment (Web Design Only)

  1. We require a 25% deposit on all websites to cover the cost of hosting, domain charges and other setup costs, 50% on the presentation of the test web site. Thereafter final payment is due on completion of the website.
  2. In the event that any invoice not being settled in full within 14 days of the invoice date, savSOFT Limited is entitled to charge interest at the rate of 5% over the Bank of England base rate.
  3. In the event that you decide to move to another provider within the hosting term paid for, the hosting fees are non-refundable. There may also be a domain "transfer-away" charge.
  4. savSOFT Limited reserves the right to suspend any Services or remove any website which has not been paid for in full within 14 days of the invoice date.
  5. savSOFT Limited is happy to quote for further updating of any website on completion of site, if required.

Payment (Hosting Only)

  1. We require the invoice to be paid in full. In the event that our invoice is not settled in full within 14 days of the invoice date, savSOFT Limited is entitled to charge interest at the rate of 5% over the Bank of England base rate.
  2. In the event that you decide to move to another provider within the hosting term paid for, the hosting fees are non-refundable. There may also be a domain "transfer-away" charge.
  3. savSOFT Limited reserves the right to suspend any Services or remove any website which has not been paid for in full within 14 days of the invoice date.

Ownership (Web Design Only)

  1. All HTML and XHTML pages created for the client will be owned by the for their own use only. They must not be sold or given to a third party without written permission from savSOFT Limited. savSOFT Limited warrants not to unreasonably withhold such permission.
  2. Unless otherwise agreed, all dynamic programming code including ASP, PHP and JavaScript is created and supplied on a 'use of the coding function' only basis and will entirely remain the property of savSOFT Limited. Such code may be held in escrow by a third party to be made available in the event that savSOFT Limited ceases to trade provided that any costs incurred by savSOFT Limited are reimbursed.

Link

Unless otherwise agreed, we reserve the right to include a link to our site from the footer of each of the pages in your site and also link to your site with a screenshot from our Portfolio section on our web site.

Limitation of Liability

savSOFT Limited shall not be liable in any way whatsoever for the following:

  1. Any copyright infringement whether intentional or not;
  2. Any misinformation which has been provided by the client for use on their website;
  3. savSOFT Limited's need to cancel hosting service contract periods should the hosting provider go out of business;
  4. Any damage of any kind (direct, indirect, consequential, incidental or punitive) which results from the use of, access to or inability to use the information contained in any website managed by savSOFT Limited;
  5. Any errors or omissions in the contents of any website managed by savSOFT Limited;
  6. Any damages to or viruses that may infect a site visitor's computer equipment, software, data or other property which result from a site visitor's access to, use of or browsing in any site managed by savSOFT Limited;
  7. Any damages which result from the downloading of material, data, text, images, video or audio from any site managed by savSOFT Limited;
  8. Any alteration by each individual web site owner with regard to their exclusive right to alter their site content;
  9. Any change to the site content following a directive from a site owner to savSOFT Limited to change said site content; and
  10. Any content in any site linked to a site designed by savSOFT Limited and any resulting loss or damages from a site visitor's access to any such linked site; site visitors link to any other such sites at their own risk.

The above not withstanding savSOFT Limited warrants to have in place public liability insurance of not less than £1 000 000.

Content Policy

  1. The services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of Scots Law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The client agrees to indemnify and hold harmless savSOFT Limited from any claims resulting from the use of the Services which damages the client or any other party.
  2. Pornography and sex-related merchandising is prohibited on all savSOFT Limited servers. This includes sites that may infer sexual content, or links to adult content elsewhere. savSOFT Limited will be the sole arbiter in determining violations of this provision.
  3. Sites that promote any illegal activity or present content that may be damaging to savSOFT Limited servers or any other server on the internet are prohibited. Links to such materials are also prohibited.

Data Backup

  1. savSOFT Limited carries out data backups for use by savSOFT Limited in the event of systems failure however we do not provide data restoration facilities for individual clients. Whilst every effort is made to ensure data is backed up correctly we cannot be held liable for data loss or corruption through loss of connectivity resulting from breakdown, misconfiguration, or other failure of equipment not controlled by savSOFT Limited or as a result of any event beyond our reasonable control.
  2. savSOFT Limited endeavours to make the Services available to the client 100% of the time. All websites are hosted on a server/servers located in a remote data centre. These servers aim to be available 99.9% of the time. However due to the nature of the Services, we make no warranties or representations that the Services will be uninterrupted or error-free and we will not under any circumstances be liable for interruptions or "downtime" of the server.

Privacy

Use of the savSOFT Limited website is also governed by our privacy policy (see following section) which is incorporated into these terms and conditions by this reference.

Disclaimer

  1. savSOFT Limited makes no warranty or representation that this website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of the Services.
  2. No part of this website is intended to constitute advice and the content of this website should not be relied upon when making any decisions or taking any action of any kind.

Force Majeure

In the event that the Services are delayed, prevented, or otherwise made impracticable by reason of any acts of God, fires, floods, earthquakes, or other natural catastrophes; national emergencies, strikes, lockouts or other labour difficulties; computer "hacking" attack or computer virus; any law, order, regulation or other action of any governing authority; or any other cause beyond savSOFT Limited's reasonable control, then savSOFT Limited shall be excused from such delivery to the extent that it delayed or prevented by such cause.

Modifications to/Previous Terms and Conditions

  1. savSOFT Limited reserves the right to amend these Terms and Conditions by posting a revised version of the Terms and Conditions on its website or by sending any information regarding any amendment to an email address provided by the client.
  2. In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

Law and Jurisdiction

These Terms and Conditions, the relationship between you and savSOFT Limited and all transactions relating to this website are governed by Scottish law and are subject to the non-exclusive jurisdiction of the Scottish courts.

Site contents Copyright © savSOFT Limited, 2012.

Company registered in Scotland. Company No. SC137795

VAT No. 596951084