Satori MM Terms and Conditions

In these Terms and Conditions “Company” means OFEC Consulting Ltd and “Customer” means the person or Company that purchases the service. “Service” means the website development work as specified and agreed between the Company and the Customer.

1. These terms and conditions apply to the sale of the Service by the Company to the Customer to the exclusion of any terms and conditions specified by the Customer or indicated elsewhere in this document. Your contract with us is binding and commences with instruction to proceed and payment of the deposit. (The deposit is non-refundable).
2. All prices quoted in the website development agreement, proposals or offers are subject to confirmation at time of order and subject to changes in the specification as the project progresses. These are exclusive of VAT, which will be chargeable in accordance with legislation current at the date of supply.
3. Payment of accounts must be made 30 days from the date of the invoice. Failure to effect payment when due may result in suspension of services and/or deliveries without prejudice to any other remedy which the Company may have. We reserve the right to claim additional contractual interest under the Late Payment of Commercial Debts (Interest) Act 1998 at any time. If payment is not received within 30 days of invoice interest may be charged at the annual rate of 8% above the base rate of Barclays Bank plc from time to time, accruing on a daily basis until payment is made whether before or after any judgement.
4. Copyright of the website, licence(s) in the software and title in hardware, when applicable, supplied by the Company shall vest in the Company until the Company has received payment in full for the Service.
5. The Company warrants new sites for a period of ninety (90) days from acceptance or ‘going live’ to the Customer only that any Service supplied by it shall function in accordance with its respective specification provided in documentation explicitly agreed in writing between the parties, provided always the Service has been used strictly in accordance with the Company’s instructions, and, without prejudice to the other terms herein, has been used correctly in conjunction with a designated operating system.
6. Save as herein provided, all representations, conditions, warranties or other terms whether expressed or implied or whether statutory or otherwise are hereby expressly excluded. Under no circumstances shall the Company be liable to the Customer or to third parties for loss (including, but not limited to, loss of profit or data) damage or injury howsoever arising. In any event, the total liability the Company shall have to the Customer, shall not exceed the value of the Service covered by the invoice.
7. In the case of software products licensed from third parties, the Company will extend the customer the benefit of any guarantee, warranty or licence which may have been granted to the Company by the supplier of the software and will take such steps as the Customer may reasonably require to enforce such rights but save as aforesaid no condition or warranty is given by the Company in relation to such 3rd party software. The warranties in this clause in no way invalidate any statutory right of the Customer.
8. The Company reserves the right to use the website developed hereunder in its public relations and marketing activities.
9. The failure by the Company at any time or for any period to enforce any one or more of these Terms and Conditions shall not be a waiver of them or a waiver of the right to enforce such Terms and Conditions in future.
10. The Customer is reminded that software programs are licensed and not sold and any license granted is personal to the licensee. The Customer has no right of resale, release, rent or hire of a software program to a third party unless the Company’s prior and written permission has been obtained.
11. The Company shall not be responsible for any failure to perform its obligations hereunder due to circumstances beyond its control.
12. In the event that a client decides not to continue with the website, then an extra cancellation charge of £150 will be incurred in addition to work already carried. This work covers design fees, consultation and web hosting where appropriate.
13. By agreeing to accept the terms and conditions for OFEC Consulting Ltd you agree to also accept any applicable terms and conditions of our hosting provider.
14. A copyright statement will be discreetly placed at the bottom of each web page plus a hyperlink to our contact details. We never place any third-party adverts on any websites. You will see the final version of your website, as it will appear on the Internet.
15. We may choose to list (or de-list) your website in our portfolio showcase, together with a background summary of the client instructions, and also to place a hyperlink on our website to link to your website. This can have positive benefits for your website since it increases the link pattern which can improve recognition and rankings. If you prefer not to be shown in our portfolio showcase you may inform us by e-mail.
16. The content of your website and database is your responsibility and OFEC Consulting Ltd is not liable for any claims made against you arising from the content of your website or database. OFEC Consulting Ltd cannot accept liability for websites hosted outside our control.
17. The contract between the Company and the Customer shall be governed by and construed in accordance with English Law.
18. Each of the above conditions shall be read and construed independently of each other so that if one more is held to be invalid as an unreasonable restraint of trade, or for any other reason whatsoever, then the remaining Terms and Conditions shall be valid to the extent they are not held to be so invalid. Further, in the event that any Term and Condition shall apply with such modification as may be necessary to make it valid and effective.
19.  The term bug means an event which causes an error message. If a feature does not meet a client’s expectation, this is not a bug but an interpretation of a feature. It is the clients’ responsibility to ensure the features meet their needs before agreeing to proceed.
20. Lite and Pro have no minimum contract. Enterprise minimum 12-month contract. One month’s notice required.
21. Restoring database backup is not covered under support, additional charges will apply.
22. Development work, if required, is billed at £90 per hr + VAT. Billable in 30-minute intervals.
23. Please note all prices exclude VAT and normal disbursements such as travel expenses.
24. Travel expenses will be invoiced at cost plus 5% handling charge. Mileage is charged at 45p a mile and 5p a mile for each additional OFEC employee who attends.
25. If the project is stalled by you for more than 2 months we reserve the right to submit the final invoice. For example, this could be decisions not being made or copy not being added to the site by you.
26. The Intellectual Property for all data, site content and design is owned by the client, the code is owned by OFEC.
27. If this proposal does not go ahead, all concepts and ideas in the proposal are OFEC’s IP and cannot be copied to third parties.
28. Please note that our software programs are licensed and not sold and any license granted is personal to the licensee. The Customer has no right of resale, release, rent or hire of a software program to a third party unless the Company’s prior and written permission has been obtained.