...seeing IT from a different perspective...

Terms & Conditions of Business
  1. Blue Gull Solutions may require a non-refundable deposit payment from the client before any work commences.
  2. Blue Gull Solutions reserve the right to cancel any agreement prior to the receipt of cleared funds in settlement of the deposit.
  3. Blue Gull Solutions may require other interim payments and these will be included within the contract details schedule or contract agreement letter or email. Work on the project will cease if such payments become overdue.
  4. Once a design template has been agreed (verbally or in writing), and it has been applied to a content management system, then changes to design may incur an additional cost.
  5. Proposals, specifications and quotations issued by Blue Gull Solutions to customers or propective customers remain the property of Blue Gull Solutions and shall not be modified, copied, distributed or reused without the express permission of Blue Gull Solutions. The customer agrees to maintain the confidentiality of such documents.
  6. If website hosting is to be provided by Blue Gull Solutions, then 11 months after commencement, an invoice will be sent to the client by which they have 28 days to pay. If no payment is received then hosting will cease and the domain will not be renewed. No liability will be accepted in the event of website downtime or server failure.
  7. Payment terms are 28 days on all invoices. If payment is not received by the due date set in Blue Gull Solutions's invoice(s) Blue Gull Solutions may withdraw any service or published web site or code.
  8. Blue Gull Solutions will not be liable for any loss suffered by the client caused by the actions of any third party or for any loss suffered by the client caused by events not in Blue Gull Solutions' reasonable control.
  9. Blue Gull Solutions shall use such images & text, as are provided by the client on the assumption that the client has all necessary legal permissions to use them. If this is not the case Blue Gull Solutions shall in no way be liable and the client agrees to indemnify and keep idemnified Blue Gull Solutions against any claims and the costs involved in dealing with any claim.
  10. Blue Gull Solutions may at their discretion publish draft versions of the web site or other design material or code to a sub section of their domain name www.bluegull.co.uk in order for the client to review the project. At this stage all designs are the property of Blue Gull Solutions and any copying, distribution, etc. is expressly forbidden without the prior written consent of Blue Gull Solutions.
  11. Upon completion of the agreed site structure and functionality, a final invoice will be issued and will be due for payment within 28 days from the date of the invoice.
  12. Copyright of any source code within the Web Site will remain the property of Blue Gull Solutions for the duration of the Web Site's existence and shall not be modified, copied, distributed or reused without the express permission of Blue Gull Solutions.
  13. In the event that source code is so modified or copied, then Blue Gull Solutions accepts no liability for any defect or loss of functionality that arises in the product.
  14. Once the project has been completed as per the conditions agreed between the parties, Blue Gull Solutions shall not be liable for any claims made upon the client as a result of the website or other material produced by Blue Gull Solutions, or associates.
  15. The ongoing maintenance or updating of the web site is excluded from this agreement. If Blue Gull Solutions are required to maintain or update the web site then this will be covered by a supplemental support agreement at an agreed rate.
  16. All prices/rates will be subject to the addition of VAT at the currently prevailing rate.
  17. References to dates for completion are estimates only and failure to meet them by Blue Gull Solutions will not create any liability. Time is not of the essence in regard to Blue Gull Solutions' provision of services.
  18. Blue Gull Solutions makes no representations or warranties of any kind regarding the software or any services it may provide, including without limitation any implied warranty of merchantability or fitness for a particular purpose, or arising by statute, law or trade dealing or usage. All materials and services are provided "as is".
  19. Blue Gull Solutions is not liable for incidental, special, or consequential damages for any reason (including loss of time, loss of data or software, loss of profits or loss of revenue) even if we have been specifically advised of the possibility of such damages, and our liability in all events will not exceed the support fees that you have paid under this agreement.
  20. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement and no person other than the parties to this agreement shall have any rights under it, nor shall it be enforceable under that Act by any person other than the parties to it.
  21. If any provision of this agreement is held to be void or declared illegal, invalid or unenforceable for any reason whatsoever, that provision shall be divisible from this agreement and shall be deemed to be deleted from this agreement and the validity of the remaining provisions shall not be affected. If any such deletion materially affects the interpretation of this agreement, the parties shall use their best endeavours to negotiate in good faith with a view to agreeing a substitute provision as closely as possible reflecting the commercial intention of the parties.
  22. Without prejudice to any other rights or remedies of the parties, each party acknowledges for the benefit of the other that damages might not be an adequate remedy for any breach of the provisions of this agreement and that, accordingly, either party shall be entitled without proof of special damage to the remedies of injunction and specific performance and other equitable remedies for any threatened or actual breach of the provisions of this agreement by the other.
  23. Nothing in this agreement and no action taken by the parties pursuant to this agreement shall constitute, or be deemed to constitute, the parties a partnership, association, joint venture, the agents of each other or any other co-operative entity.
  24. This agreement shall be governed by English law and the client agrees to submit to the exclusive jurisdiction of the courts of England and Wales.
Blue Gull Solutions