Broch Information Services and
all its clients, agree to accept the Terms and Conditions as set out in the form
of service agreement, which follows.
1.1) "client" or "you" is defined as any organisation (e.g. a company or
business of any kind) or individual who has agreed to let Broch Information
Services carry out a service for them.
1.2) "Services" means any type of work which Broch Information Services provides
to the client e.g. website design, domain name registration, website
hosting/upgrade/management, technical and business consultations, and other
duties such as digital photography or demonstration.
2) DOMAIN NAME REGISTRATION
2.1) The registration and use of the client's domain name is subject to the
terms and conditions of use applied by the relevant naming authority and
internet service provider. Broch
Information Services will not be liable to any claim in respect of refusal to
register a domain name.
2.2) Broch Information Services normally holds domain name(s) in trust of its
client. If the client wishes, we will transfer the domain name(s) to the client
at any time subject to the relevant naming authority and internet service
provider charges, provided full payment for the service has been
received by us.
2.3) We accept no liability in respect of the use by you of any domain name; any
dispute between you and any other person must be resolved between the parties
concerned in such dispute. If any such dispute arises, we shall be entitled, at
our discretion to suspend or cancel the hosting of website with the disputed
domain name. We shall also be entitled to make representations to the relevant
naming authority but will not be obliged to take any part in any such dispute.
3) WEBSITE DESIGN, CONSULTANCY AND HOSTING
3.1) Broch Information Services will carry out work for clients in accordance to
their instructions, as agreed between Broch Information Services and the client.
Broch Information Services will invoice the client on completion of the agreed
work or current phase or work. The client then has a period of up to 7 working days to approve our work.
Broch Information Services will carry out, free of charge, minor modifications
as suggested by clients, subject to the condition that the changes suggested by
the client are not unreasonable and do not involve substantial deviation from
the original contract between Broch Information Services and the client.
3.2) Broch Information Services will endeavour to conform to all current
internet standards and working practices when designing websites, and will
ensure compatibility with the majority of Internet browsers. Unless specially
requested by the client, we cannot be held responsible for lack of functionality
when viewed with unusual or non-standard software.
3.3) While we will use every reasonable endeavour to ensure the integrity and
security of our hosting server, we do not guarantee that the server will be free
from unauthorised users or hackers and we shall be under no liability for
non-receipt or miss-routing of e-mail or for any other mishaps with regard to
3.4) The client shall retain ownership of and any existing copyright to any
information hosted on the Internet by Broch Information Services. Broch
Information Services shall not be held responsible for any information it hosts
on your behalf. Websites designed by Broch Information Services for the client,
shall remain the intellectual property of Broch Information Services i.e. the
client who will be the owner of the website, shall use it only for the purpose
of the client's business.
3.5) The client shall keep secure any identification, password and any other
confidential information relating to your account and shall notify us
immediately of any known or suspected unauthorised use of your account, or
breach of security, including loss, theft or unauthorised disclosure of your
password or other security information.
3.6) The client shall not post, link or transmit any material which is unlawful
3.7) All initial consultation by telephone or e-mails are free of charge or
commitment. All initial consultation concerning website design which involves
travelling to a client's address is free of charge or commitment provided the
client's address is within a distance of 15 miles (24km) from Halkirk, Caithness. For distances above 15 miles, Broch
Information Services may levy a charge for expenses and travelling costs.
3.8) Computer consultancy work (e.g. system administration, security/firewall
installation) is charged per hour.
3.9) The minimum web hosting period is 12 months.
3.10) The client may give notice to withdraw their website from Broch
Information Services at any time, although any advance payments made to Broch
Information Services for web hosting is not refundable.
3.11) Broch Information Services reserves the right to cancel hosting the client
website at any time; by giving reasonable notice (i.e. 3 weeks notice or more)
in writing to you, or without notice if Broch Information Services has a serious
3.12) Broch Information Services will make every effort to ensure that your
website is available 24 hours a day, every day of the year. In the unlikely
event that your website fails to be on the web for any continuous period
exceeding 3 working days, Broch Information Services' liabilities will be
limited to refunding the hosting charges for the period in question.
4.1) All prices quoted by Broch Information Services are in UK pounds.
4.2) For work quoted at ?2000 or less, full payment is due to Broch Information
Services within 14 days of completion of work.
4.2.2) Bills will be submitted twice a month, normally on the first and fifteenth. Bills are due and payable when submitted. A late payment charge of 1-12% per month (18% annually) may be applied to amounts outstanding ten (10) days after the date of the statement.
4.3) Broch Information Services reserves the right to change prices at any time.
clients paying by direct debit will be notified of any price changes, at least
14 days before the payment date.
4.4) Any additional services requested, at any time, will be charged at the
current standard rates.
4.4.1) Professional time of our staff will be billed as either a fixed fee (if the required result can be
precisely defined) or at an hourly rate quoted upon agreement of the scope of the effort.
In addition, the client will reimburse all expenses, plus a 20% handling charge added to these expenses. These expenses will be estimated upon agreement of the project's scope; if the actual expenses exceed the agreed estimate, the client will reimburse such excess expenses, but will not be charged any further handling charge on the additional amount.
Expenses include all out of pocket costs such as travel, telephone, printing and copying, postage, user fees for on-line information retrieval, publications, independent contractor assistance, and similar
items. Other costs such as word processing and mileage will be treated as expenses at
rates approximating local commercial charges. Detailed expense records are maintained in our office and may be inspected if desired.
If travel costs are incurred on a trip that serves two or more clients, common travel costs will be
allocated to each client in proportion to costs that would have been incurred for travel dedicated solely to each client alone.
4.5) Updating services (i.e. for web pages) involving small changes (e.g. simple
text addition or changes to prices) will be performed at the current standard
rates. At least 3 working days notice is required by Broch Information Services
to effect the updates.
4.6) If a payment cheque is returned by the bank as unpaid for any reason, the
client will be liable for a "returned cheque" charge of 35 pounds.
4.7) Without prejudice to our other rights under this agreement, if any sum
payable is not paid on or before the due date, we shall be entitled forthwith to
suspend the provision of services to you.
5) LIMITATION OF LIABILITY
In no event shall we be liable to the client for any loss of business,
contracts, profits or anticipated savings or any other indirect or consequential
or economic loss whatsoever.
Any notice to be given by either party to the other may be sent by either
e-mail, fax or by post to the address of the other party as appearing in this
agreement or ancillary application forms or such other address as such party may
from time to time have communicated to the other in writing. If the notice is
sent by email, it will be assumed to be received on the day, or if sent by fax
shall be deemed to be served on receipt of an error free transmission report. If
post mailing was used, it shall be deemed to be served three days following the
date of posting.
6.2) The client always has the right to terminate the assignment upon written notice. In such a case the client has no liability for charges beyond those incurred on their behalf through the date when notice of termination is received by us.
Because we cannot serve a client under terms or conditions that might impair our
independence, or integrity, Broch Information Services reserves the right to withdraw from the assignment if conditions develop to interfere with the successful completion of the assignment (except where our efforts are integral with the client's efforts).
It is understood that Broch Information Services and its contractors, if any, shall be in the relation of independent contractors with the client, and nothing herein shall be construed as designating us as employees or agents of the client for any purpose.
Broch Information Services is registered and complies with the Data Protection
Act 1998 and treats all personal or sensitive information concerning our clients
7.2) Broch Information Services will guard as confidential all information concerning the affairs of the client that is gathered during the course of the assignment. We agree to hold such information in strict confidence and not to disclose it to others for a period of five years or until such information is otherwise released by the client.
Broch Information Services will not
serve two or more competing clients in areas of vital
interest without first informing each client. The client is responsible
for all legal fees and similar expenses necessary
to obtain patents that the client may desire to