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Definitions:
The Client: The company or individual requesting the services of Cat3 systems.
Cat3 systems: Primary designer/site owner & employees or affiliates.
General
Cat3 systems will carry out work only where an agreement is provided either by email, telephone, mail or fax. An 'order' is deemed to be a written or verbal contract between Cat3 systems and the client; this includes telephone and email agreements.
Website Design
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Cat3 systems cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of Cat3 systems until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Cat3 systems remain the copyright of Cat3 systems and may only be commercially reproduced or resold with the permission of Cat3 systems.
Cat3 systems cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to briefs provided will be carried out at the discretion of Cat3 systems and where no charge is made by Cat3 systems for such additions, Cat3 systems accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to Cat3 systems all materials required to complete the site to the agreed standard and within the set deadline.
Cat3 systems will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Cat3 systems will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
Cat3 systems will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
Cat3 systems will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
A non-refundable deposit of 35% (or agreed amount) is required with all of our projects before any design, development, or project work will be carried out.
Once a website has been and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the client’s satisfaction and no refunds can be offered. We do offer free updates for a month after completion to allow for any final amendments that may be required.
Database, Application and E-Commerce Development
Cat3 systems cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, applications or software (unless specifically agreed) written by Cat3 systems remain the copyright of Cat3 systems and may only be commercially reproduced or resold with the permission of Cat3 systems.
The client is expected to test fully any application or programming relating to a site developed by Cat3 systems before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Cat3 systems will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
Compatibility
Cat3 systems will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version, Google Chrome, and Mozilla browsers (Firefox). Cat3 systems can offer no guarantees of correct function with all browser software.
Website Hosting
Whilst Cat3 systems uses only premier hosting companies to host websites, no guarantees can be made as to the availability or interruption of these services. Cat3 systems cannot accept liability for losses caused by the unavailability, malfunction or interruption of these services, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
This agreement is required to obtain and maintain a web hosting service with CAT3 SYSTEMS . It acts as protection for both CAT3 SYSTEMS and its clients, to prevent misunderstandings, and to provide the framework for a legal recourse in the event of a dispute or violation.
Our services may only be used for lawful purposes. Transmission or solicitation of any material which violates national and/or international laws which may apply in our local jurisdiction or your local area is prohibited. This includes material which is obscene, threatening, harassing, libellous, or in any way a violation of intellectual property laws. PORNOGRAPHIC CONTENT SITES ARE STRICTLY PROHIBITED.
You agree to indemnify and hold harmless CAT3 SYSTEMS in any legal action which arises as a result of your use of our services, without limitation or exception.
CAT3 SYSTEMS makes no warranties or representations of any kind for the services being offered, including warranties of merchantability or fitness for any purpose.
You agree not to hold CAT3 SYSTEMS responsible for any loss you suffer as a result of using our services, including but not limited to loss resulting from service delays and incomplete or interrupted service, regardless of cause.
However, CAT3 SYSTEMS agrees that any complete service interruption in excess of 24 hours may justify a refund or credit to its clients for the appropriate amount, but that no further compensation will be made. Scheduled outings and account suspensions do not count towards our refund policy.
You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorised for, and impairing the availability, reliability, or quality of service for other clients. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorised access.
You agree that the security of your account is first and foremost your own responsibility. You further agree that if you believe the security of your account has been compromised in any way, you will notify CAT3 SYSTEMS immediately. You agree that if you become aware of misuse of your account or server, and do not notify CAT3 SYSTEMS , you will be held responsible for that misuse.
You agree not to transmit unsolicited or prohibited advertising through electronic mail or other distributed Internet discussion system through CAT3 SYSTEMS ’s Server services. You specifically agree that the use of CAT3 SYSTEMS ’s hosting services for unsolicited mass mailings or postings (commonly known as “Spam”) will cause your services to be terminated immediately and without warning, and that you will be held legally responsible for any and all damages to CAT3 SYSTEMS , both monetary and in reputation, as well as hourly fees for reading the complaints which may arise.
You agree that we have the right and responsibility to fully co-operate in any legal investigation regarding any aspect of our services, including services sold to you.
CAT3 SYSTEMS will use reasonable efforts to protect and backup data for clients on a regular basis, however, CAT3 SYSTEMS does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, you are solely responsible for making backup files in connection with the use of our services.
Cat3 systems reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.
Website Optimization
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you'll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
We use 'white hat techniques' when optimizing websites and always aim to achieve a top ranking for your website within six months of undertaking the optimization process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any monies to clients in relation to this type of work.
Cat3 systems reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.
Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the Cat3 systems policy that any outstanding accounts for work carried out by Cat3 systems or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Cat3 systems.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or Cat3 systems have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj's) being added to the clients credit rating.
Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
Your Privacy
We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.
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