Terms and Conditions
All services provided by Hilbourne.com to the Customer are subject to the following terms and conditions:
1. Acceptance
The placement of an order or contract with Hilbourne.com will be regarded as an
acceptance
of all the terms and conditions detailed below. Orders may be placed, in the first instance, verbally, by telephone, e-mail, fax or post.
2. Charges
Charges for services provided by Hilbourne.com are as defined as £45 per hour or a daily rate of £360 this includes graphic image work, web page design, html codes, specialist applications as
e-commerce, on-line shopping, CGI scripts and database will be quoted separately. All Design Services carried out by Hilbourne.com may be chargeable at any time during the project
before the work is supplied to the Customer for preview. Quotes for services can be
provided upon request after evaluation of the requirements submitted by the Customer. Hilbourne.com reserves the right to change the rates for services with thirty (30) days
advance notification to the Customer. On site travel costs are charged at £0.43 per mile or alternative travel mode via air, sea or rail will be charged at cost. A 50% non-refundable deposit is due at commencement of the work.
3. Payment
The Customer may elect to receive either e-mail or hard copy invoices. Invoices are due on receipt.
4. Default
Accounts unpaid ten (10) days after the date of invoice will be considered in default. If the Customer is in default Hilbourne.com will, at its discretion, withhold or remove all materials or services provided. Removal of such material or services does not relieve the Customer of its obligation to pay any outstanding charges assessed to the Customer’s account. Cheques returned for insufficient funds are assessed a return charge of £25 and the account is immediately considered to be in default until full payment is received. Customers with accounts in default agree to pay Hilbourne.com reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Hilbourne.com in enforcing these Terms and Conditions. A surcharge of 2% per month will be applied to overdue invoices once declared in default.
5. Termination
Termination of services by the Customer must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured.
6. Legal Restrictions
Hilbourne.com’s services may be used for lawful purposes only. This includes, but is not limited to, material legally judged to be threatening or obscene. Hilbourne.com reserves the right to refuse service to the Customer without providing reason or cause.
7. Intellectual Property Rights
Customer retains the intellectual property rights to data, files and graphic logos provided by the Customer, and grants Hilbourne.com the rights to publish and use such material. Any artwork, graphic logos, background coding, scripts, java code, html codes, or data application codes created by Hilbourne.com for use in the Customer’s project will remain the property of Hilbourne.com; at its discretion, Hilbourne.com will grant the Customer rights to use such material in formats, other than that originally provided. The Customer must obtain permission and rights to use any information or files that are the intellectual property rights by a third party. The Customer is further responsible for granting Hilbourne.com permission and rights for use of the same and agrees to indemnify and hold harmless Hilbourne.com from any and all claims resulting from the Customer’s negligence or inability to obtain proper intellectual property rights permissions.
8. Indemnity
The Customer agrees to indemnify and hold harmless Hilbourne.com from any and all claims resulting from the Customer’s use of Hilbourne.com’s services which cause damage to the Customer or a third party.
9. Disclaimer
Hilbourne.com makes no warranties of any kind, whether express or implied, for the services it provides. Hilbourne.com also disclaims any warranty of merchantability or fitness for a particular purpose. Hilbourne.com will not be responsible for any direct, indirect or consequential damages which may result from the use of its services including loss of data resulting from delays, non-delivery or interruption in service.
10. General
These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted.
PO Box 2403 Reading Berkshire RG2 8WY Tel; 01189 750649 email tony@hilbourne.com