1. Contract: The client’s approval for work to commence shall be deemed a contractual agreement between the client and Shout Group. Important: Approval for the work to commence and payment of the advance fee indicates that the client accepts the terms and conditions.
Shout Group Internet Services - Terms and Conditions
2. Shout Group Intellectual Copyright: Shout Group holds intellectual copyright of any material, including source code, database and original images created for the client until payment of the final invoice. At this time we will transfer this intellectual copyright to the client ( Where applicable).
12. Partnership Termination: In the event of a partnership being terminated by either party all rights and property remain with the Shout Group unless otherwise agreed in writing.
13. Payment - Advance Fee: An advance fee of 50% of the total cost of the project is required before work can start. Clients should only pay this advance fee if they agree to our terms and conditions. Payment of the advance will be taken as agreement.
14. Payment - Refund Policy: After work on a website commences advances are not refundable.
15. Payment Methods: Unless otherwise agreed, payment
is only accepted by credit card, cheque or bankers draft in UK Pounds Sterling.
If your cheque is returned by the bank as unpaid for any reason, you will be
liable for a "returned cheque" charge of £35.
16. Payment by Credit Card: Credit card payments are accepted via our Paypal electronic invoicing system. These payments are subject to a 4% surcharge and full payment is required in advance. (Your credit card should offer you purchase protection.)
17. Payment of Balance: Invoices are only issued when clients accept that their website has been completed to their satisfaction. Payment of the balance is due within 14 days on completion of the website. We reserve the right not to launch a website until full payment has been received.
18. Late Payment 1: Any websites previously launched may be removed if payment is not forthcoming. When this occurs an additional minimum charge of £50 will be required to have the site restored.
19. Late Payment 2: Accounts that have not been settled within 7 days of our final reminder will incur a late payment charge of 10% of the amount outstanding. You will also be charged statutory interest of 8% above the reference rate (fixed for the six month period within which date the invoices became overdue) pursuant to the late payment legislation.
21. Future Support: Your website will be handed over
as a fully functioning, completed work. Unless it has been agreed beforehand
Shout Group is not responsible for future support. Support can be provided upon
request for an agreed fee. Your website is offered as a single contract and no
guarantee of the availability of future support from Shout Group is offered
unless an ongoing support package has been agreed.
22. Future Site Problems: Problems caused by malicious
software, spyware, viruses and website hacking are a fact of life on today’s
Internet. It is highly unlikely that these will affect your website, and Shout
Group will endeavour to protect it from this as much as we can during its
creation, but after the website is handed over we cannot be held responsible for
problems caused by illegal activity or the actions of others.
23. Hosting Space: We may require ongoing access to our clients’ hosting space to allow us to support and monitor their websites. This access is via a user ID and password combination, which the client may change after the website is handed over. If the client chooses to change the password we will no longer have access to the website and further support will not be possible. We cannot be held responsible for any changes made to the website by the client or the client’s agents.
24. Compliance with Ecommerce, Accessibility or Other Regulations: We design websites in accordance with the client’s specifications. It is the client’s responsibility to ensure that the website and its content comply with current online trading laws and regulations. We cannot accept responsibility for any failure to comply with laws and regulations related to accessibility, selling online or those related to a specific business or trade. We can research this on the client’s behalf upon request, but in any business where complex compliance issues may exist we recommend that the client takes legal advice from their company lawyer.
27. Validity of Quotation: Unless otherwise agreed any quotation provided will be valid for 30 days from the date of receipt.
Notes:
Should Shout Group waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Shout Group to waive the same clause on any other occasion.
By agreeing to these terms and conditions your statutory rights are not affected.
Shout Group reserves the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above be required please contact us.
20. Limitations On Liability
We shall have no Liability for defective Services:
where the defect has been caused or contributed to by you;
if the price
for the Services has not been paid in full by the due date for payment;
and/or
unless the event is notified to us within the appropriate time limit
set out in this Contract.
We shall have no Liability to you:
for damage, loss, liability, claims, costs or expenses caused or contributed
to by your continued use of defective services, After a defect has become
apparent or suspected or should reasonably have become apparent to you
to the
extent that you are covered by any policy of insurance and you shall ensure that
your insurers waive any and all rights of subrogation they may have against
us.
For any matters which are outside our reasonable control;
For any
consequential losses;
For any loss of profits and/or damage to
goodwill;
For any economic and/or other similar losses;
For any special
damages and indirect losses; and/or for any business interruption, loss of
business, contracts, opportunity and/or production.
You shall give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs and/or expenses in remedying the matter yourself. If you do not do so we shall have no liability to you.
You shall be under a duty to mitigate any loss, damage, costs or expenses that you may suffer.
Our total Liability to you shall not exceed the amount we have paid you under this Contract.
Each of the limitations and/or exclusions in this Contract shall be deemed to be repeated and apply as a separate provision for each of:
Liability for breach of contract;
Liability in tort (including
negligence);
Liability for breach of statutory duty; and
Liability for
breach of Common Law.
25. Advertising Campaigns
Duration
This Contract begins when we accept your application to become a Shout advertising client and will continue until terminated in accordance with these Terms and Conditions.
Contract & Campaigns
We are under no obligation to accept your application to become an Advertiser.
You shall be responsible for the accuracy of the information you provide to us for registration purposes and for giving us any information necessary for us to perform the Contract. We try to ensure that all details contained within the campaign are as accurate as possible. On the occasion that there is an error, we will advise you about it, if relevant, as soon as possible.
If you cancel this Contract for any reason you shall have no further recourse against us under this Contract.
Performance
Dates for performance cannot be guaranteed. They are also subject to any matter beyond our reasonable control.If you and we agree that we have not run a Campaign in a satisfactory manner please see limitations on liability section 20.
Services
We shall track & monitor the number of Actions relating to each of your Advertisements published.
We shall display, on an agreed time basis, a report setting out the results. We shall display the results of your campaign set out in a report with the corresponding amount of fees to be paid by you (based on advance or otherwise agreed). If you dispute this report, you must inform us of your disagreement within 24 hours of the first display of the report, however, our decision is final.
26. Costs & Payments
All payments must be made up-front, in advance of the provision of the Services and are non-refundable and can only be applied toward future advertising that Shout provide.
Our prices are exclusive of any applicable VAT for which you shall additionally be liable. Costs are agreed and rates set out in an agreement, Shout will pass on any savings to the client using the following formula; for example. CPC that would cost £1.50 and Shout Group is able to secure that term at £1. This will be charged out at £1.25 thus giving the client a saving of .25 per click. unless otherwise agreed. A set up fee is charged in advance. (based on size of campaign). Fees are made up of management fees, percentage of campaign or mixture of both. You will be informed in writing by us of any variation to our charges not less than 30 days before such increase takes effect. You must notify us immediately and within 24 hours of any query you have in relation to an invoice or you will be deemed to have accepted the amount set out in that invoice. We may make further enquiries about you with credit reference agencies at any time during this Contract.
Confidentiality
You agree that you will keep confidential and not use except for purposes contemplated by this Contract all information relating to the Services and all our confidential business information, which may be disclosed to you or which you may learn except where such information is public knowledge. We may refer to our work for you and our relationship with you for marketing and promotional purposes. We shall not release press releases without your consent.