Please feel free to prints these terms and conditions for your future reference
1. Definitions
“Agreement” shall mean these Terms and Conditions;
“DESIGNTEC” shall mean Designtec Limited, 30 Henry Preston Road, Tasburgh, Norwich, Norfolk, NR15 1NU;
“Customer” shall mean the organisation or person who purchases products and services from DESIGNTEC;
“Intellectual Property Rights” shall mean all patents, copyright, trade marks, know-how and all other forms of intellectual property;
2. Orders
All orders submitted by the customer shall stipulate the quantity and type of products and services by facsimile, in writing or by e-mail. DESIGNTEC reserves the right to correct any clerical errors made by any of its employees/staff or contractors at any time.
3. Prices
All prices quoted are those current at the time of the customers’ enquiry. Any price increases shall be notified to the customer before an order is fulfilled.
All prices are exclusive of VAT.
4. Payment :
Standard payment terms for all invoices are 30 days from receipt of invoice. DESIGNTEC Limited shall be entitled to charge interest on overdue invoices from the date when payment becomes due at a rate of 8% above the prevailing Bank of England base rate. (Late Payment of Commercial Debts (Interest) Act 1998)
5. Delivery:
DESIGNTEC shall not be held responsible or accept any liability due to problems caused by late delivery of products or services. Should the delivery date of goods or services be extended for whatever reason, those dates will be passed on to the customer as quickly as possible. Any damages caused by the delivery agent must be reported immediately, failure to comply with this could result in any claim being void.
6. Title:
All products supplied by DESIGNTEC shall remain the property of DESIGNTEC until payment has been received in full. In the event of failure to make payment DESIGNTEC will attempt to recover those products using all legal means at its disposal.
7. Returns :
The customer shall not be entitled to return the products or cancel orders without DESIGNTEC prior consent. Such consent will not be given where the products concerned have been specially purchased by DESIGNTEC to meet the customers’ requirements. If DESIGNTEC accepts cancellation of an order it reserves the right to make a re-stocking charge of 10% of total cost. The customer shall be responsible unless otherwise agreed for the cost of carriage and insurance in respect to all products returned to DESIGNTEC; those products shall also be at the customers risk until actual receipt by DESIGNTEC.
8. Intellectual property
All intellectual property rights in or relating to the products are and shall remain the property of DESIGNTEC or its suppliers as the case may be.
8a. BONGO, Intellectual property
The Intellectual Property and Copyright of bongo software belong to Designtec Limited, the user is not permitted to copy and/or distribute bongo in anyway.
8b. Licence Fee
Included in your monthly hosting plan, is your licence fee, you are licensed to use bongo as long as you are paying your monthly fees.
9. Product warranties
The customer shall be entitled to the benefit of any warranty against any defect in the products received by DESIGNTEC under any agreement with the
manufacturer or supplier of the product. DESIGNTEC shall not be held responsible or liable for any loss or injury caused either directly or indirectly by faulty products except when it is proven that the aforementioned injury or loss was a result of negligence by DESIGNTEC.
DESIGNTEC will not accept any responsibility,liability or loss due to problems caused by products or services provided by a third party.
10. Termination
Not withstanding anything else contained in these terms and conditions, the contract may be terminated under the following circumstances:
DESIGNTEC Right to terminate:
If the customer fails to pay an invoice within 1 month of the date on the invoice If the customer is unable to make payment for goods or services received or ordered in good faith within the meaning of section 123 of the
insolvency Act 1996, DESIGNTEC shall have the right to enter the customer’s premises and repossess the products and shall have the right to dismantle
any machinery or equipment into which the product has been incorporated.
If the customer tampers with products without prior consent from DESIGNTEC.
Customers Right to terminate:
Should DESIGNTEC repeatedly fail to fulfil its contractual obligations in relation to products and services it has supplied.
11. Customer warranty
The customer warrants that they have not relied on any oral representation made by DESIGNTEC or upon any descriptions, illustrations or specifications
contained in any catalogue or publicity material produced or presented by DESIGNTEC. These are only intended to convey a general idea of the products and services mentioned therein.
12. Force Majeure
Neither party shall be liable for any delay in performing any of its obligations hereunder if such delay is caused by circumstances beyond that party’s
reasonable control.
13. Export control
The customer acknowledges that the products may be subject to export controls imposed by the United Kingdom or any other Governments and
undertake to apply for and obtain any necessary licenses and approvals that may be required to export the product (or any part of).
14. The law
These terms and conditions shall be governed by and construed in accordance with English law and the parties hereby submit to the jurisdiction of the
courts of England.
I have read and accept the Terms & Conditions set out by DESIGNTEC:
Signature: Date: