GooGhywoiu9839t543j0s7543uw1. Please add peaknet.limited@googlemail.com to GA account UA-1134608-4 with “Manage Users and Edit” permissions - date 28-10-2019. Terms & Conditions | Peak Net Ltd | Buxton

Terms of Business

The following terms and conditions apply to all website development / design services provided by Peak Net Ltd to the Client.

  • "Client" means the company, firm, body or person purchasing the Services from Peak Net Ltd.

  • "Peak Net" means Peak Net Ltd (Company Number 3236300) whose registered office is at 2 Broomgrove Road, Sheffield, South Yorkshire S10 2LR any subsidiary or agent of Peak Net Ltd through which the Services are sold.

  • "Contract" means a contract, subject to these conditions, for the provision of the Services between Peak Net and the Client.

  • "Services" means the subject matter of each Contract between the Client and Peak Net, being the work and/or services or any of them to be performed by Peak Net for the Client.

1. Acceptance

 

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

 

2. Charges

 

Charges for services to be provided by Peak Net are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Peak Net reserves the right to alter or decline to provide a quotation after expiry of the 30 days.  Unless agreed otherwise with the Client, all website design services require an advance payment of 35% of the project quotation total before the work is supplied to the Client for review. The remaining balance is due upon completion of the work. Payment for services is due by cheque or bank transfer. Cheques should be made payable to Peak Net Ltd  and sent to 3 The Cottages, King Sterndale, Buxton, Derbyshire SK17 9SF. Bank details will be made available on invoices.

3. Client Review

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Peak Net will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Peak Net otherwise within ten (10) days of the date the materials are made available to the Client.

 

4. Turnaround Time & Content Control

Peak Net will install and publicly post or supply the Client's website by the date specified in the project proposal, or at date agreed with Client upon Peak Net receiving initial payment, unless a delay is specifically requested by the Client and agreed by Peak Net.  In return, the Client agrees to delegate a single individual as a primary contact to aid Peak Net with progressing the commission in a satisfactory and expedient manner. During the project, Peak Net will require the Client to provide website content; text, images, movies and sound files.

5. Failure To Provide Website Content

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Peak Net is a small business and to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged. This is why we ask that you provide all the required information in advance. If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to pause the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is please do not give us the go ahead to start until you are ready to do so.

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. If you need clarification on this, please contact us.

6. Payment

Invoices will be provided by Peak Net upon completion. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Deposit invoices are due upon receipt. All other invoices are allowed 28 days credit. Late payments may be charged a late payment fee of £40 plus any statutory interest. In addition, failure to pay according to the terms of our invoice may result in the suspension of services until the account is cleared.

7. Additional Expenses

Client agrees to reimburse Peak Net for any additional expenses necessary for the completion of the work. Examples include purchase of special fonts, stock photography etc.

8. Web Browsers

Peak Net make every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). The Client agrees that Peak Net Ltd cannot guarantee correct functionality with all browser software across different operating systems. Peak Net cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, Peak Net reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

9. Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. Peak Net will, at its discretion, suspend the services until the invoice is paid. Peak Net is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges. Cheques returned for insufficient funds will incur a return charge of £25 and the Client's account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Peak Net reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Peak Net in enforcing these Terms and Conditions.

10. Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt/acknowledgement of such notice. E-mail requests for termination of services will not be honoured until and unless receipt of the email acknowledged by Peak Net. 30 days notice of termination is required.

Peak Net may terminate the Contract immediately in the event that the Client is in breach of their obligations under the Contract and/or the Client suffers any event of insolvency or is or becomes unable to pay its debts as they fall due.

Peak Net may at its discretion suspend or terminate the supply of any goods and services if the Client fails to make any payment when due or otherwise defaults in any of its obligations under the contract or any other agreement with Peak Net or becomes insolvent, has an administrative receiver appointed of its business or is compulsorily or voluntarily wound up or Peak Net bona fide believes that any of those events may occur and in any case of termination may forfeit any monies paid.

Peak Net may by written notice terminate the Contract immediately and without liability for compensation or damages except as mentioned in this Contract if the Client fails to make payment as specified above.

11. Indemnity

All Peak Net services may be used for lawful purposes only. You agree to indemnify and hold Peak Net harmless from any claims resulting from your use of our service that damages you or any other party.

12. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Peak Net the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Peak Net permission and rights for use of the same and agrees to indemnify and hold harmless Peak Net Ltd from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Peak Net that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

13. Standard Delivery of Media

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Peak Net to return to the Client any images or printed material provided for use in creation of the Client's website, such return cannot be guaranteed.

14. Design Credit

A link to Peak Net will appear in either small type or by a small graphic at the bottom of the Client's website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. The Client also agrees that the website developed for the Client may be presented in Peak Net’s portfolio.

15. Access Requirements

If the Client's website is to be installed on a third-party server, Peak Net must be granted temporary read/write access to the Client's storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

16. Post-Launch Alternations

Peak Net cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

17. Domain Names

Peak Net may purchase domain names on behalf of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Peak Net. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

18. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature below or payment of an advance fee/deposit constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

19. Social Media Management

Social Media Marketing and Management is defined as helping a client to promote their products or services through social media channels. Peak Net Ltd will honour the components of your chosen social media package, providing an agreement to a minimum 3 months contract is served and monthly payments are received in advance. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.

20. Governing Law

This Agreement shall be governed by English Law.

21. Liability

Peak Net hereby excludes itself, its Employees and or Agents from all and any liability from:

  • Loss or damage caused by any inaccuracy;

  • Loss or damage caused by omission;

  • Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;

  • Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

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The entire liability of Peak Net to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

22. Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid provision.

Contact Details

Postal Address:

3 The Cottages, King Sterndale, Buxton SK17 9SF

Email: info@peaknet.co.uk   Phone: 0345 222 6354

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Registered Address:

2 Broomgrove Road, Sheffield, South Yorkshire S10 2LR

Company Registration Number: 3236300 | VAT Registration Number: 679253787