1. DEFINITION OF TERMS
a. Neondigital.co.uk is wholly owned by Neon Digital Ltd for the purpose of website design or development.
b. “We” and “Our” refers to Neon Digital Ltd.
c. “Services” refers to all the services provided by Neon Digital Ltd, including other services provided by outside agents or organisations acting on behalf of Neon Digital Ltd.
d. “Client” refers to the end user who is utilising the services provided by Neon Digital Ltd, including other services provided by outside agents or organisations acting on behalf of Neon Digital Ltd.
e. “Domain Name” refers to the root address of a website and all such names must be registered with the appropriate naming authority.
f. “Copyright” refers to the laws that regulate the use of the work of a creator. This includes copying, distributing, altering and displaying.
Upon a client’s request to purchase our services, an order will be deemed to have been accepted by Neon Digital Ltd when written confirmation is sent to the client – either via a letter, email or invoice. These terms and conditions are deemed to be accepted by the client upon payment of a deposit. We may refuse acceptance, or to delay acceptance or an order request until such time that any condition we choose to impose has been fulfilled – in such circumstances we will provide the client with reasonable notice. Quotations are valid for 7 days from the date issued.
Neon Digital Ltd request that all invoices be paid within 30 days.
Neon Digital Ltd requires a deposit amount before conducting any services to the client, unless by prior arrangement at the discretion of Neon Digital Ltd. Upon full payment of the deposit, services will commence. The client will be obliged to pay the balance in full prior to the release of materials or project upload to the server.
Invoices are to be paid by bank transfer (bank details will be made available on invoices), or cheque. Cheques are to be made payable to “Neon Digital Ltd” and sent with proof of postage to: Unit 5B, West Station Yard, Spital Road, Maldon, CM9 6TR
We refuse the right to decline further services on a project if there are invoices outstanding with a client. We also reserve the right to remove any completed service or project from the internet if payments are not received. If any additional services are required from Neon Digital Ltd that is not specified in a quotation will be subject to a separate quotation and may affect any timescale for delivery of completed services.
Termination of services by the client must be requested in a written notice and will be effective upon receipt. The client will be invoiced for services completed to the date of termination, to which the client is obliged to pay the balance in full within 30 days. If a client terminates an initial order for services, prior to the completion of said services, any monetary deposit is forfeit.
5. INTELECTUAL PROPERTY RIGHTS AND PERMISSION
All services undertaking by Neon Digital Ltd remain the exclusive copyright and property of Neon Digital Ltd until full payment has been made by the client. Upon full receipt of payment, the client will gain the copyright of the completed services. The client may only use our completed service on one website, unless prior arrangement has taken place.
The client must obtain permission and rights to use any information or files that are copywrited by a third party. The client is further responsible for granting Neon Digital Ltd design permission and rights for the use of such material, and agrees to indemnify and hold harmless Neon Digital Ltd from any and all claims from the client’s negligence or inability to obtain the appropriate copyright permissions.
6. DOMAIN NAMES
We may purchase domain names on behalf of the client. Full responsibility of payment and renewal of domain names is with the client and we do not hold the responsibility of the loss or cancellation or otherwise of the domain brought about by non or late payments. A domain shall be deemed to have been registered on notification in writing from Neon Digital Ltd.
7. WEBSITE HOSTING
Website hosting is paid in advance annually unless agreed otherwise. Neon Digital reserves the right to suspend a client's hosting if unsuitable content is found. Refunds are not available for early termination of hosting services.
The client is to supply all materials and information required for Neon Digital Ltd to conduct their services in accordance with the agreed specification. Such materials include, but are not limited to, written-copy, photographs, logos and other printed materials. The client shall ensure that materials do not infringe any applicable laws, regulations or third party rights (such as material which is indecent, seditious, offensive, threatening, defamatory, liable to incite racial hatred, blasphemous, or general inappropriate content).
9. WEB BROWSERS
Neon Digital Ltd shall make every effort to ensure websites are designed to be viewed by the majority of visitors; however the client agrees that we cannot guarantee correct functionality with all browser software across different operating systems.
The client agrees to indemnify and hold Neon Digital Ltd and its employees harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Neon Digital Ltd that have arisen out of any breach of the client of the terms of this agreement, or other liabilities that have arisen out of or relating to the website.
The information a client provides will only be used by Neon Digital Ltd and its subsidiaries in accordance with the Data Protection Act 1998.
We and any third party associates agrees that, except if instructed by the client, they will not at any time during or after the term of this agreement
12. GOVERNING LAW
This agreement shall be governed and construed in accordance with English Law, and any disputes relating to these terms and conditions will be subject to the (non) exclusive jurisdiction of the courts of England and Wales.
In the event that one or more of the provisions of this agreement shall be held invalid, illegal or unenforceable, such provision shall be severed and the remaining provisions hereof shall continue in full effect.