Conditions

The term ‘Company’ refers to Rob McAlister Ltd, Hackworth Ind Park, Shildon, Co Durham, DL4 1HF, United Kingdom and the domain ‘digital.caveinnovations.com’. The term ‘Customer’ refers to the person or company to whom this document is addressed.

These terms and conditions are applicable to the supply of products and services sold by the Company to the Customer; copyright and intellectual property matters in regards to items and materials owned, produced or designed by the Company (including this website) with reference to the aforementioned definitions.

It is not necessary for any Customer to have signed an acceptance of these terms and conditions for them to apply. If a Customer accepts a quote, or, purchases a product or service, then the Customer will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. By using this website, it is deemed that a Customer has read and accepted these terms and conditions, which are clearly advertised and logically located. Any product or service supplied by the Company to the Customer will be deemed to be fully accepted and approved 10 days after the completed product or service is made available to the Customer unless the Customer notifies the Company of rejection. If no notification of rejection is received by the Company during the stated 10 day period, acceptance will be inferred, the supplied product or service deemed ‘fit for purpose’ and of satisfactory quality – the Company may decline rejection thereafter.

Charges for website services to be provided by the Company are defined in the project quotation that the Customer receives via e-mail. Unless agreed otherwise with the Company, all website design services require an advance payment of fifty (50) percent of the project quotation total before the work is undertaken. The balance of the project quotation total plus any additional expenses sanctioned by the Customer is due upon completion of the work (as agreed to by both Customer and Company), prior to upload to the server or release of materials. Charges for products sold on this Site are clearly stated and located at the point of purchase.  All products are required to be paid for in advance of the product being shipped or made available.

Quotations are valid for a period of 30 days only unless otherwise stated. The Company reserves the right to refuse validity of a Quotation thereafter unless previously agreed to by the Company.

Invoices will be provided by the Company upon acceptance of a Quotation and completion of work (but before final upload or release of materials). Invoices are normally sent via email, however, the Customer may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the agreed completion date will incur a service charge of 1.5% or £30 per month (whichever amount is greater) of the total balance outstanding.

Payment for products and website services are accepted by bank transfer, cheque or direct debit (agreed to in advance). All payments must be made in Pounds Sterling. The Customer accepts responsibility for levied bank charges or transfer fees and such charges are not deemed part of the requested payment. Cheques should be made payable to Rob McAlister Ltd – Bank details and postal address are provided on supplied invoices or by request from the Customer.

The Customer agrees to reimburse the Company for any additional expenditure incurred by the Company and agreed to by the Customer necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, licenses etc …

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Company hosts any published materials including website folders, files and data of an account in default, the Company, at its discretion, may temporarily un-publish the Customers material and suspend its hosting service until such times as the outstanding balance is paid in full. In the event that the Company is forced to take such action, the Company accepts no responsibility for loss of business or any other expense incurred by the Customer due to the suspension of services by the Company. An account that issues a Cheque to the Company that is subsequently returned for lack of funding will immediately be deemed to be in default and any expenses incurred by the Company as a result of this action will be added to the Customers account and become the Customers responsibility.

Termination of services by the Customer must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honored until confirmed in writing. The Customer will be invoiced for any work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

The Company shall retain the property of any work commissioned by the Customer until full payment has been made by the customer and has been received by the Company.

The Company will endeavour to provide, install and publish any commissioned work within the specified times as detailed in its quotation to the best of its ability. Such timings however should be considered as indicative only and the Company accepts no responsibility for late delivery or costs associated with delayed completion of commissioned work. The Customer agrees to delegate a single individual as a primary contact to aid the Company in progressing the commission in a satisfactory and expedient manner. The Customer agrees to supply agreed content to the Company in a manner that does not hinder or delay the commissioned work schedule. If the commissioned work is to be installed on the Customers own server, the Customer is to grant timely and appropriate access to relevant server files and directories to accommodate installation and facilitate deployment. Agreed content supplied by the Customer will be in a usable electronic format as detailed within the Quotation. All original content supplied by the Customer will be returned to the Customer following completion of the commissioned work upon request.

Third party software and scripts will only be included within commissioned work with the Customers consent and knowledge. The Company accepts no responsibility resulting from changes, updates or alterations in licensing to any included third party software or scripts after the commissioned work has been completed and accepted. The Customer accepts that the commissioned work is supplied based on the Customers electronic operating environment at the time of commission – changes made by the Customer to its electronic operating environment after completion of the commissioned work are done at the Customers own risk and could render the commissioned work dysfunctional or inoperable.

Except where otherwise expressly noted, all contents of this website, owned literature, and images – are the sole and exclusive property of the Company. The copying, recording and/or publishing of any constituent part or whole part thereof is expressly forbidden unless agreed in writing with the Company. The Company may, at any time, make modifications, changes, and alterations to the contents of its literature and websites, including these Terms and Conditions, without prior notice.