1. Acceptance of orders – The receipt by Group Too Ltd. of an order (whether verbal or in writing) shall be deemed to be acceptance of the following Terms and Conditions. These Terms and Conditions shall prevail to the exclusion of any Terms and Conditions of the Purchaser, expressed or implied which conflict with these Terms and Conditions. These Terms & conditions will be superseded by any new versions released.
2. Exclusion of Consequential Losses – Liability is excluded in respect of any loss or damage, however caused and irrespective of the fundamental nature of any obligation or of the fundamental nature or effect of any default in the following instances:-
i) Any loss of profit or loss of use, whether suffered by the Purchaser or any other party.
ii) Any consequential loss or damage.
3. Payment Terms
i) Project work payment terms are strictly 50% deposit on acceptance of contract, 50% due on completion.
ii) Any monthly service invoices are due strictly 28 days from date of invoice.
Should any account become overdue for payment, then Group Too Ltd. reserves the right to, with immediate effect, suspend services and seek payment of all monies owing to Group Too Ltd. Including any interest accrued.
4. Notice periods / order cancellation
i) Orders cannot be cancelled without the agreement of Group Too Ltd. Group Too Ltd. reserves the right to render cancellation charges if deemed justified by Group Too Ltd and payment in full for any work completed to date.
ii) All on-going / repeat services require minimum 3 full months’ written notice (taken from end of current month or period). Some services may be subject to a minimum contracted period as stated at the time of acceptance. In such cases 3 months written notice may be given before the end of the minimum term but the full term must be completed & all monies paid.
For the avoidance of doubt, to end a monthly service contract after 6 months, notice is required in writing by the last day of the 3rd month; to end the contract after 10 months, written notice is required by the last day of the 7th month; and so on. juicy on-going / repeat services include: SEO, email hosting, website hosting, domain hosting, and any work agreed to under a retainer fee.
For SEO, initial commitment is a 6 month minimum term, thereafter a rolling 3 month contract as above; 3 full months’ notice required throughout to end the agreement, as above.
Domains and emails which are billed annually are 12 month minimum terms from registration or renewal.
5. Ownership – Goods, including all written and electronic material produced by Group Too Ltd. remain the property of Group Too Ltd. until our bankers have cleared full payment. On full payment ownership of the finished product transfers to the client, whilst ownership of working files, server scripts, code libraries and custom components used in production of the finished product remain solely the property of Group Too Ltd.
6. Copyright – Group Too Ltd retains all copyright and ownership of concept designs produced as part of the design process. The Purchaser accepts responsibility for ensuring the appropriate copyrights have been attained for any materials supplied to Group Too Ltd. and agrees to indemnify Group Too Ltd. for liabilities incurred through any infringement of copyright.
7. Quotations – The details of all quotations whether in writing or not, made by Group Too Ltd., will be held firm for a period of 30 days.
8. Definition of billable work – In all cases, Group Too Ltd. bills for work done on behalf of a client. It does not guarantee results.
9. Authorship – Group Too Ltd. reserves the right to indicate on all material produced by the said company, whether electronic or otherwise, that Group Too Ltd. has been responsible for the work.
10. Server Access – FTP access is not granted unless otherwise agreed with client. Separate terms and conditions apply.
11. Warranty – Group Too Ltd warrants that websites will operate [as set out in the specification] for a period of 90 days following delivery.
This warranty does not extend to hosting services which are provided by a third party to the on an “as is” basis without warranty. Therefore Group Too Ltd will use its reasonable endeavours to ensure your website is available at all times but cannot guarantee an error free hosting service. The same applies for use of external components and services provided by 3rd parties.
We will analyse and hope to correct any errors as a matter of priority during working hours 9 – 5pm for the first 30 days after the site is launched.
After the 90 day warranty period Group Too Ltd reserves the right to charge for support time on a discretionary basis.
12. Legal Construction – The contract shall in all respects be construed and operate as an English contract in conformity with English law. It will be subject to the exclusive jurisdiction of the English courts.
13. Disputes – Any disputes or differences shall be resolved amicably by using an alternative dispute resolution procedure acceptable to both parties. If the dispute or difference is not resolved to the satisfaction of both parties within 90 days after it has arisen the dispute shall be referred to arbitration.