THE ADORA GROUP Terms & Conditions

1.0 Interpretation

1.1 The Purchaser means the person, firm, company, organization or individual with whom the Contract is made.

1.2 The Supplier means The Adora Group or its subsidiaries.

1.3 The Contract means the Contract between the Supplier and the Purchaser for the sale of our design, hosting, development, marketing, advertising campaigns, programming or software services of which these terms and conditions are part. All written and/or oral statements and representations are superseded by the Contract, unless inclusions or exclusions of terms contained herein are specifically varied by the Supplier in writing.

2.0 Acceptance of Order and expiry date

2.1 The Purchaser by placing an order for the Service confirms their acceptance of the Contract and agrees to be bound by the Contract.

2.2 No binding Contract shall be created by the acceptance on the part of the Purchaser of a quotation or offer made by the Supplier until notice of the acceptance of the order in writing shall have been given by the Supplier.

2.3 The Supplier reserves the right to accept or reject any order offered by the Purchaser.

3.0 The Contract and its acceptance

3.1 The Supplier is entitled to update the Contract and the Purchaser by placing an order for the Service agrees to be bound by any Contract revisions after their implementation date. The Supplier commits to communicate such changes 7 days prior to implementation. The Purchaser is responsible for reviewing the terms, which are shown online under the heading The Adora Group Terms and Conditions at:
www.theadoragroup.com/terms

3.2 The Contract shall always prevail in the event of conflicts between the Contract and any other document.

4.0 Commencement

4.1 Prior to commencement of Services the Supplier requires a signed hard copy order from the Purchaser with clearly stated payment terms and conditions.

5.0 Prices

5.1 All Services prices are quoted by the Supplier are based on content agreed at time of order between the Purchaser and Supplier.

5.2 After receipt of the Purchasers signed purchase order, the Supplier reserves the right to revise the original quotation where alterations to content or specifications are made by the Purchaser and not covered by the Suppliers original signed purchase order.

5.3 All prices quoted by the Seller are exclusive of VAT/TVA and/or taxes applicable at the time.

6.0 Services

6.1 While the Purchaser’s project is in development by the Supplier, the Supplier commits to make available at all times all work in progress.

6.2 The Purchaser agrees to use this facility for review purposes only. All services, development, design and material, graphic or otherwise, supplied or generated by the Supplier remain the Sellers copyright until the final Sellers invoices have been paid in full by the Purchaser.

6.3 On completion of the Purchaser’s project, the Purchaser will be required by the Supplier to confirm in writing that the project is completed.

6.4 On receipt of full payment of final invoice(s), the Supplier will upload the Purchaser’s project to the agreed Domain location. At this time the projects title and ownership will transfer to the Buyer.

7.0 Copyright

7.1 The Supplier reserves copyright on all materials and designs and forbids the Purchaser to pass such materials and designs to a third party or associated business without first seeking the Sellers permission and agreement.

7.2 Any third party copyright materials used by the Supplier on behalf of the Purchaser cannot be used by the Purchaser without first seeking the third parties permission or agreement.

7.3 If the Purchaser supplies the Supplier with text, photography, artwork, animation, brochures, information or material of any kind, the Supplier will not at any time be responsible whatsoever in regard to copyright, errors or omissions, faults or subsequent damages. This also includes that supplied by software, discs or electronic transfers if supplied by the Purchaser to the Supplier for publishing to the Internet.

7.4 The Purchaser must indemnify the Supplier against third parties suffering subsequent faults and damages caused to hardware, software programs, or such damages as loss of production and earnings, due to materials supplied by the Purchaser for use by the Supplier.

7.5 The Supplier will not be held responsible for establishing 'Rights of Usage' on any materials supplied by the Purchaser.

8.0 Website Alterations

8.1 Subsequent project alterations, i.e. text based will be charged at a minimum of £50.00 and/or equivalent currency plus applicable taxes.

9.0 Payment

9.1 Payment terms and conditions must be agreed in writing before commencement of any services on behalf of the Supplier.

9.2 The Supplier reserves the right to cease Services, suspend hosting or remove the Purchaser’s web site from view, if at such time there is dispute or delay over an agreed payment.

9.3 For domain name hosting and website hosting services full payment must be possession of the Supplier prior to the expiry date of said Services.

10.0 Domain Name Registration

10.1 The Supplier supplies and offers Domain Name Registration in all good faith and advises the Purchaser that the Seller will not be held responsible for any claims, damages, penalties and expenses arising from any third party allegations that the registered Domain Name infringes any rights owned by such third parties.

11.0 Dial-up Connection Services

11.1 The Supplier does not supply connection services.

11.2 The Supplier at no time will be held responsible or liable for any financial loss or damage to the Purchaser or associated third parties business, if the third party provider of the un-metered connection offered by the Supplier has service failures, which results in the Purchaser’s e-mail account to be unusable or the Purchaser’s site being non viewable.

12.0 Liability

12.1 It is the responsibility of the Purchaser to be familiar with the relevant data protection and privacy laws and recognizes that the Supplier has no control or influence over e-mail content processed by the third party ISP services. The Purchaser shall hold the Supplier harmless from and indemnify the Supplier against any claims by any party relating thereto.

12.2 The Supplier shall be under no liability for any loss or damage (whether direct, indirect, incidental or consequential) howsoever arising, which may be suffered by the Purchaser in relation to Services and third party ISP services.

12.3 Nothing in this Contract shall affect the liability of the Supplier for death or personal injury caused by its negligence.

12.4 If any exclusion, disclaimer or other provision contained in this Contract is held to be invalid for any reason by a court of competent jurisdiction and the Supplier becomes liable thereby for loss or damage that may lawfully be limited, such liability whether in contract, tort (including negligence) or otherwise, will not exceed the total charges paid by the Buyer in the 12 months preceding such liability arising.

13.0 Confidentiality

13.1 Where the Supplier will use every endeavour to maintain confidentiality on information so received.

14.0 Search Engine Submission

14.1 The Supplier will make every effort to ensure the Purchaser’s site is submitted to the agreed Search Engines but will not be held responsible for poor ranking or non appearance. This is subject to agreed charges.

15.0 General

15.1 Failure or delay by the Supplier in enforcing any term of the Contract shall not be construed as a waiver of any of its rights under it.

15.2 The illegality, invalidity or unenforceability of any part of this Agreement will not affect the legality, validity or enforceability of the remainder.

15.3 This Contract shall be construed in all aspects as a contract and in conformity with European Law.