Terms

Terms & Conditions

It's pretty long - some background music perhaps? 

Please read these Terms and Conditions, these do not affect your Statutory Rights under UK Law.

 

By placing an order with Madison James Consulting, you confirm that you are in agreement with and bound by the terms and conditions below.

 

Definitions:

The Client: The company or individual requesting the services of Madison James Consulting.

Madison James Consulting: Primary consultant, designer/site owner & employees or affiliates.

 

General

Madison James Consulting will carry out work only where an agreement is provided either by email, telephone, mail or fax. Madison James Consulting will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between Madison James Consulting and the client, this includes telephone and email agreements.

 

The website, graphics and any programming code remain the property of Madison James Consulting until all outstanding accounts are paid in full.

 

Any scripts, applications like web shops, online editing tools, PHP scripts, or software (unless specifically agreed) written by Madison James Consulting remain the copyright of Madison James Consulting and may not commercially reproduce or resold with the permission of Madison James Consulting.

 

Madison James Consulting 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.

 

Madison James Consulting 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 Madison James Consulting and where no charge is made by Madison James Consulting for such additions, Madison James Consulting accepts no responsibility to ensure such additions are error free and reserve the right to charge for any correction to these or further additions.

 

IMPORTANT! Failure to Provide Required Website Content: You must ensure that we are not delayed as a result of late delivery of the material and content required to complete your website.

 

Travel Time and Travel Expenses: more than 30miles Traveling time to and from customer premises is not generally included in our estimate. Madison James Consulting reserve the right to make a charge for travelling time at our current hourly rate. Likewise, Madison James Consulting reserve the right to charge for travelling expenses based on 65p per mile. (NOTE: There will be no charges for travelling time or expenses incurred during the quotation process, i.e. before you give your approval for work to commence.) Using email, online videos and the phone should save us both time and money.

 

Validity of Quotation: Unless otherwise agreed any quotation provided will be valid for 30 days from the date of receipt.

 

Search Engine Promotion: If Search Engine Optimisation has been agreed as part of the contract the client must be aware that Madison James Consulting is not responsible for ongoing web site promotion outside our standard resubmission to around 65 of the major search sites. Should the client require the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the natural search results is controlled by the search engines. While we can optimise your site initially for this by making it search engine friendly, it is impossible to make any guarantees on ranking position and Google etc will confirm if you need proof.

 

Should Madison James Consulting waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Madison James Consulting to waive the same clause on any other occasion.

 

Service Obligation

1. Madison James Consulting Web Design is a service provided by Madison James Consulting Web Design. Madison James Consulting Web Design will use reasonable endeavours to ensure a prompt and continuing service as described in the specification ("the Service") but will not be liable for any loss of data resulting from delays, non-deliveries, or service interruptions caused by circumstances beyond the direct control of Madison James Consulting, or by errors or omissions of the Customer. Madison James Consulting specifically excludes any condition of warranty as to the accuracy of third-party information received through the Service.

2. Madison James Consulting will not be held liable for indirect, economic or consequential loss whatsoever.

 

3. The liability of Madison James Consulting in contract or in connection with the supply of the Service shall be limited in respect of any one event or a series of two or more connected events to the value of the domain name(s).

 

4. Breach of Terms and Conditions by customers shall lead to termination of Service with no entitlement to refund.

 

5. All fees paid are non-refundable and once registered domain names cannot be changed in their name or extension without the costs due in the registration of a new name with the appropriate registry costs.

 

Contract of Service

1. The contract period shall normally be open subject to client needs. Fees paid on registration to cover initial period. A further subscription will be payable on or before the anniversary of the date of registration for the contracted next period.

2. Madison James Consulting may elect to suspend or terminate the Service immediately on any default of payment by the Customer.

 

3. From time to time parts of the Madison James Consulting network may be taken off-line for repair or routine maintenance. Madison James Consulting will endeavour to give as much notice as possible but will not be held liable for any unscheduled downfall in the Network due to extraneous conditions including but not limited to Act of God, inclement weather, act of telephone or Governmental organisations or power failure.

 

Improper use and Liabilities

1. The Customer shall acknowledge that he/she will only use the Service for lawful purposes. The Customer shall not use the Service to receive or transmit material which is in violation of any law or regulation, which is obscene, threatening, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property (including any trademark or Copyright). This extends to violations due to any spamming and or bulk email activity for which Madison James Consulting can and will follow up in the Courts of Law.

 

2. The Customer shall take reasonable precaution to prevent the reception and transmission of viruses to the Madison James Consulting Network and beyond and shall not attempt any intentional and malicious damage to the Madison James Consulting Network or use the Service to affect other computers.

3. It is the Customer's responsibility to keep all usernames and passwords secure and not let third parties knowledge or access to them or to store them on any computer in plain text or in a format that is easily accessible.

4. The Customer will notify Madison James Consulting immediately by telephone or e-mail in any event of a username or password becoming known to a third party.

5. The Customer hereby indemnifies Madison James Consulting or its trading concerns against any action taken by a third party resulting from the Customer's use of the Service.

6. The Customer shall notify Madison James Consulting of any action taken against them by a third party and will not hold Madison James Consulting liable for any resulting costs.

7. The Customer shall be responsible and liable for any costs to telephone companies by use of the Service from their point of connection.

 

8. The Customer acknowledges that Madison James Consulting cannot exercise control over the content of information passed across the Internet and via the Service.

 

9. The Customer agrees to conform to the acceptable policies of connecting to other Networks or computers across the Internet.

Sub-lease/Re-selling Restrictions

1. The Customer agrees not to re-assign, re-sell, sub-lease or transfer their account in any way, shape or form without the proper procedures being followed as required by the appropriate domain name registry. Contravention shall lead to immediate termination of the Service to the Customer by Madison James Consulting.

 

Domain name agreement

 

1. Madison James Consulting will register a domain to an individual and/or company on a per domain basis and the individual or company is granted exclusive use of this domain so long as all fees are paid and the balance of any accounts are kept up to date.

2. By registering a name you agree to keep Madison James Consulting and its associated companies and its Directors fully and effectively indemnified at all times against action brought about by any person, persons or company against you in using the name. You will assume liability and costs for any such action and release Madison James Consulting and its associated companies should any such situation arise.

3. Any registered domain can be used for any legal, decent and honest use on the Internet and must not breach any UK laws. The name cannot be used for any immoral or pornographic use. The registrant agrees to have read and accepted the terms and conditions of the appropriate domain registry before ordering a domain name for registration by Madison James Consulting.

4. Madison James Consulting shall not be liable for indirect, incidental or consequential damages, including loss of income, data, or information in any event by use of the Service.

 

5. Madison James Consulting reserves the right not to register or assign any domain name for whatever reason.

6. Madison James Consulting reserves the right to delete or suspend any domain name if payments have been defaulted upon and may at its discretion levy admin charges in re-establishing any domain or service thereof.

7. Madison James Consulting reserves the right to vary the rate charged for domain name registrations and renewals and/or modify the services offered providing at least 28 days notice via its website of any cost or service changes.

General terms and law

1. Madison James Consulting reserves the right to do normal system housekeeping such as creating back-ups and do not accept responsibility for ensuring that back ups work.

If Madison James Consulting suspects Illegal Activity, we may notify the authorities and reserve the right to do anything on the system which out lawyers advise us to do in the protection of the system.

 

2. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Madison James Consulting as a result of your use of Madison James Consulting.

3. You agree not to hold yourself out as a representative, agent or employee of Madison James Consulting. You agree that Madison James Consulting will not be liable by reason of any representation, act or omission to act by you.

© 2019 Madison James Consulting