Terms of business
Ocean Ecommerce Internet/website design and/or development is carried out under the following terms and conditions. These apply to the exclusion of all other terms and conditions unless stated otherwise in any official correspondence. These terms and conditions do not affect your statutory rights.
Definitions: In these terms "we/us/our" means Ocean Ecommerce and "you" means the Client, whose name appears on the Ocean Ecommerce proposal/quotation. The "Contract" means the agreement between you and us based on correspondence indicating acceptance of our proposal/quotation. The "project" and/or "development" means the work to be carried out as specified in the Ocean Ecommerce proposal/quotation.
These terms and conditions may be subject to amendment from time to time. If these terms and conditions are altered you will be notified by email, letter or other appropriate medium. If you have any uncertainties about these conditions as they might apply to you or your project, it is your responsibility to clarify the situation by contacting us before your project commences.
a) Unless otherwise agreed in your proposal/quotation or covering correspondence it is your responsibility to provide us with the required information about your business. Ocean Ecommerce takes no responsibility for errors in content supplied by you.
b) You grant Ocean Ecommerce permission to utilise logos and any other company identity for the purposes of the development.
c) You agree to indemnify Ocean Ecommerce from any and all claims arising from your negligence or inability to obtain proper copyright permissions for any and all content supplied by you to us.
d) Unless otherwise agreed upon a design credit with a link to the Ocean Ecommerce website will appear on the main home page of your website either in text or graphic format. The link will be in-keeping with the overall design of the site.
e) In the event that Ocean Ecommerce is unable to complete a Website because of a lack of content (text and/or pictures) due to be supplied by you, then holding text will be added using industry standard "lorum ipsum" text and appropriate library pictures. At this point the Website will be considered completed and invoiced accordingly under our standard payment terms.
3. Design and development
a) We will provide you with our estimated timescale for progress and completion of the project and will use reasonable endeavours to meet those timescales.
b) We shall have no liability to you nor be deemed to be in breach of this Contract if we are delayed in performing or unable to perform any of our obligations under it due to circumstances beyond our reasonable control. This includes delays incurred by slow or failed communication.
c) The price quoted in your proposal/quotation is a fixed price for the works as specified in the proposal/quotation. If no additional features are requested during development the quoted price is the price you will pay. However, if additional features are requested additional charges may be made at our discretion.
d) If additional charges are deemed necessary at any stage in the development process we will always notify you beforehand and give you the option of either incurring the fees or declining the feature/work.
3.1 Hosted services
a) Hosted services include Domain hosting and web forwarding, Web sites, eCommerce systems, CMS(Content Management Systems) and Email forwarding.
a.1) All hosted services are supplied for a minimum period of 12 months unless otherwise specified and agreed by Ocean Ecommerce. If you continue to use any of our hosted services for over a period of one month it will be deemed that you have accepted these terms and conditions.
a.2) All Ex-Commerce installations are supplied for a minimum of 24 months unless otherwise specified and agreed by Ocean Ecommerce.
b) Cancellation of hosted services must be received 3 months in advance and any outstanding costs paid in full before the service can be terminated.
c) If any design or development projects have been quoted on the basis of spreading the cost over a period of time and you cancel the service prior to the end of that period, any remaining or outstanding amounts that would have been paid during the whole period must be paid in full at the time of cancellation.
d) Charges for hosted services will be subject to an annual increase of 10% or more to keep in line with running costs and inflation in general.
e) Charges for hosted services are to be made by Direct Debit. Customers who choose to pay by other means may be subject to a surcharge.
f) Any additional 'paid for' third-party services required must be paid either directly to the supplier or to Ocean Ecommerce if purchased by us on your behalf. This includes such items as Chat systems, Traffic analytics, Google Maps, SSL Certificates and PDF creating software and any other plugin-ins.
3.2 Third Party Software and Services
a) Any additional software or services required by the client that is not part of the core Ocean Ex-Commerce system will be paid for by the client directly to the supplier of that software or service, unless arranged otherwise.
a.1) Support for third party software is not included in the standard monthly subscription charges or support contract.
a.2) Any changes required to the web system as a result of alterations, additions or specification changes by the third party provider will incur additional development costs.
a.3) Any interruption of the web site system, loss of data or income caused by the third party provider will not be the responsibility of Ocean Ecommerce.
a.4) The client accepts full responsibility for the licensing, copyright and authorisation to use any third party software or services connected to the web site.
a) In the case of development projects or works with proposed costs of less than £500 Ocean Ecommerce requires no deposit. Payment for development projects with proposed costs of over £500 will be on the basis of a 50% deposit payment with order. This deposit must be received before project commencement. The balance of fees will be invoiced either on completion of the project or in accordance to the payment terms specified in our proposal/quotation. In the case of web sites and ecommerce systems the balance payment is always due on completion of specified work and NEVER on publish live on the internet. Payment in full will be due whether or not web projects are made live or available to their target audience either internally on local networks or externally via publicly accessible connection.
b) Subsequent Annual Service Agreement payments will be invoiced thirty days in advance of the anniversary of the initial payment.
c) All fees referred to in the proposal and these terms are exclusive of Value Added Tax or its International equivalent.
d) If payments are not received by the due date for payment (7 days from date of invoice unless other terms are stated on your invoice) you will be asked to pay us interest on the amount unpaid and a compensation fee in accordance with the Late Payment of Commercial Debts [Interest] Act 1998 (as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002). Interest is charged at the annual rate of 8% above the act reference rate. The amount of compensation varies according to the overdue sum: For debts of less than £999.99 the compensation is £40.00; for debt of £1000.00 to £9999.99 the compensation is £70.00 and for debts greater than £10000 the compensation amount is £100.00.
e) If payments and late payment interest/compensation are not received by us by the due date(s) we reserve the right to suspend your Service Agreement and/or other services until such time as payment is received in full (without prejudice to any other remedy available to us).
f) Part or balance payments may be requested during development if significant time has passed since the commencement of the project and it is perceived there may be unforeseen delays caused by the client or suppliers.
g) Overdue amounts for services provided will be extracted from your account by Direct Debit where possible after 30 days or more if not paid in full by BACS.
h) Any queries or invoice disputes must be raised within 10 days of the invoice date otherwise the invoice will be deemed as accepted and therefore will be payable in full.
a) You retain ownership of copyright, trademarks and other intellectual property rights in materials that you provide to us for use in the development.
b) All copyright, trade marks, patents created, developed, subsisting or used in or in connection with the design and development of the project will be transferred to you on settlement of all outstanding sums due.
c) Ownership of the Intellectual Property Rights of the development/programming code/design will remain with Ocean Ecommerce unless specifically quoted and purchased by you and will remain the property of Ocean Ecommerce until all outstanding sums due to Ocean Ecommerce have been paid in full, whereupon ownership will transfer to you.
d) Intellectual Property Rights of the development/programming code/design are not transferable to any third parties and furthermore, any associated software/systems may not be re-distributed, sold or rented unless otherwise agreed by Ocean Ecommerce in writing.
e) For hosted content management systems, ecommerce applications and any other database driven web sites all database design and application code will remain the copyright property of Ocean Ecommerce and may not be sold, leased, rented, transferred, copied, re-distibuted, altered or used in any other way without express agreement by Ocean Ecommerce.
f) Licensed products may not be altered in any way, sold, leased, rented, transferred, copied, re-distibuted or used in any other way without express agreement by Ocean Ecommerce.
g) For site owner hosted content management systems, ecommerce applications and any other database driven web sites all database design and application code will remain the copyright property of Ocean Ecommerce and may not be sold, leased, rented, transferred, copied, re-distibuted, altered or used in any other way without express agreement by Ocean Ecommerce.
h) Any changes or alterations to application code or system set-up carried out by unauthorised persons will immediately invalidate any warrenty, guarantee or support agreement and will constitute a breach of contract and these terms and conditions.
If you wish to cancel your project you are required to do so in writing giving 10 working days notice. Cancellation will only be effective on receipt of such notice. If the development is not complete at the time of cancellation you will be required to pay the balance of our costs to date. Any payments already paid to Ocean Ecommerce. are non-refundable.
Ocean Ecommerce reserves the right to withdraw services at any time subject to 5 days written notice.
Ocean Ecommerce makes no warranties of any kind, whether express or implied, for the services it provides other than for technical errors and oversights. Ocean Ecommerce will not be responsible for any direct, indirect or consequential damages that may result from the use of its services, including loss of data or income resulting from delays, non-delivery or interruption in service. You acknowledge and agree that Ocean Ecommerce cannot guarantee the absence of service interruptions caused by technical problems caused by service providers, Acts of God or other circumstances beyond our control.
All services may be used for lawful purposes only. You agree to indemnify and hold Ocean Ecommerce harmless from any claims resulting from your use of our service that damages you or any other party.
Our total liability to you in contract or in total arising in connection with this Contract shall not exceed the total price paid by you. We shall have no liability for loss of profits, business, revenue, goodwill or anticipated savings nor for any other indirect or consequential loss.
11. Standard charges
In the absence of agreed rates our standard hourly rates will apply plus travelling and subsistence on a costs as incurred basis. Any work carried out at the request of the client during hours deemed to be 'out-of-hours' will be charged at double rate. Normal working hours are between 08:00 and 17:00 from Monday to Friday and exclude weekends and public holidays.
Use of our web site
By using this web site you agree to the following terms and conditions of use.
Only the links posted on these web pages will be used to access information on this web site. You may not attempt to find hidden material, access subdirectories, images, or scripts by manually changing urls and you will not attempt to access any sub-domains that are not published on these pages for use. You may not use the enquiry form for spamming purposes. You may not take screenshots or use any of the material presented on this site for your own purposes. You may not reproduce any of the designs, ideas, text or any content whatsoever in any material, pubication, communication, website or presentation.