• terms and conditions
  • we are
  • Longkat

The important things you need to know!

read more

terms of business


1. GENERAL


1.1 The following terms and conditions will form a legally binding agreement between Longkat and client for the purposes of any services supplied.


1.2 By commissioning Longkat you are fully accepting the following terms and conditions set out herewith. It is your responsibility to fully observe and acknowledge all terms and conditions prior to engagement.


1.3 This agreement and any dispute arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English Law.


1.4 All parties agree that the English Courts have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement and/or its subject matter and/or formation. Any disagreement not resolved by initial correspondence may be resolved exclusively in the courts.


1.5 All clauses detailed are agreed upon as individual points, preserving the validity and balance of the agreement. If any of these terms and conditions are determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these terms and conditions.


2. ACCEPTANCE OF WORK


2.1 Quotations are valid for 14 days from date of issue.


2.2 When the client places an order to purchase a product/service from Longkat, the order represents a full and complete acceptance all terms included within this document.


2.3 Longkat reserves the right to withdraw from a contract at any time prior to acceptance.


2.4 Longkat reserves the right to refuse service(s) to clients who present potential suspect payment or address details or other reason at absolutely our discretion. 


2.5 Longkat reserves the right to refuse service(s) to those thought or known to be competitors.


2.6 Longkat reserves the right to refuse service(s), should any criminal intent or criminal element become apparent before/during any contract. Any such occurrences that either break or threaten to break UK Law will be reported to relevant authorities.


2.7 The client agrees to make available all materials/content required to complete a commissioned work no later than seven days before the end of the set and agreed deadline. Longkat will not be liable for any costs you may incur, compensation or loss of earnings due to the failure to meet the requirement of this condition.


3. MATERIALS AND COPYRIGHT


3.1 In situations where the client provides content/imagery they are legally responsible for ensuring that this material does not infringe any copyright.


3.2 Longkat cannot take responsibility for any copyright infringements caused by materials submitted by a client. At all points it remains the sole accountability of the client to adhere and conform to copyright law when submitting material (this includes but is not limited to work hosted via Longkat both online and offline).


3.2 Longkat reserves the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.


4. INDEMNIFICATIONS


4.1 The client agrees to use all services provided by Longkat entirely at their own risk and agree to defend, indemnify, save and hold harmless from any and all demands, liabilities, costs, losses and claims including but not limited to legal fees against Longkat or any associates that may arise directly or indirectly from any service provided.


4.2 Longkat reserves the right at its sole discretion to refuse or engage with any client who requires a service which it deems is, including but not limited to, unlawful or inappropriate in content, contains a virus or hostile program, constitutes harassment, racism, violence, obscenity, harmful intent, spamming, contains adult content, commits a criminal offence, or indulges in other questionable endeavours.


4.3 The client agrees this indemnification extends to all aspects of work undertaken, including but not limited to web site content, e-mail transmissions, imagery and choice of domain name.


4.4 The client also agrees to defend, indemnify and hold harmless Longkat against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the client or third parties, including but not limited to, infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which is harmful to any person, business, company or organisation.


5. NONDISCLOSURES


5.1 Longkat agrees that, with the exception of client permission, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the client agrees that it will not convey any confidential information about Longkat to another party.


6. LIABILIIES


6.1 Longkat may recommend that updates are needed to work currently or previously commissioned to comply with, including but not limited to, new legislations, software releases and general internet standards. Longkat reserves the right to quote for any updates as separate work if the recommendation becomes evident after the point when the client ordered a commissioned piece of work.


6.2 The client agrees Longkat is not liable for any failure to inform or implement any recommended updates automatically. The client also agrees that it shall defend, indemnify, save and hold Longkat harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement potential updates


6.3 Longkat undertakes no liability for acts, omissions or downtime in provision by third party services providers that we may integrate into our work and/or services


6.4 All work commissioned must comply with various differing country regulations. You will indemnify Longkat against any action that may be brought because of infringement of regulations of another country


6.5 You are responsible for the final assessment of any commissioned work within final proofing stage. It is strictly the responsibility of client to check all work is correct, error free and as desired. Longkat cannot be held responsible for any loss to the client or cost incurred after this stage to correct or make good any errors. Errors indentified after the proofing cycle may become chargeable to amend.


6.6 Longkat reserves the right to suspend a service without notice if the client is suspected or found to be involved in any inappropriate or law breaking behaviour(s).


7. PRIVACY POLICIES


7.1 Longkat and any third party associates shall use information provided by the client in relation to this agreement in accordance with the Data Protection Act 1998 and also for the following purposes;


(i) To identify the client in communications with them 
(ii) To contact the client from time to time to offer them services or products which may be of interest or benefit.


8. PAYMENTS



8.1 Clients acknowledge that they must pay all outstanding balances within three days of the date stated on each individual invoice (if billed via invoice).


8.2 Work on all contracts will start once a seven working days cooling off period has passed (inline with 'Consumer Protection (Distance Selling) Regulations 2000').

This aspect can be waivered upon request by the client if they require an early commencement of work or before the seven working days cooling off period has fully passed. Should a client choose/agree for a contact to have 'early commencement' the contact will be treated and agreed as if the cooling off period is fully completed – this will affect a client's right to cancel.


8.3 Upon contracting Longkat, a deposit of 50% of the total commission becomes payable, inline 'Consumer Protection (Distance Selling) Regulations 2000' this is none refundable once the cooling off period of seven working days has passed (please note if an 'early commencement' of work is requested/agreed by the client, the deposit becomes none refundable from the point of actual commencement).


8.4 Additional work requested by a client that was not specified in the agreed quotation is subject to a separate quotation.


8.5 Longkat reserves the right accept or decline additional work. If additional work is accepted it is understood any additional aspects may affect the delivery timescale of the original commissioned work.


8.6 Once an invoice is sent to the client it must be paid either by bank transfer or cheque made payable to "Longkat" within the agreed timeframe.


8.7 The client may request a cancellation of work via writing only; any cancellation will only be considered by either email or post and any commissioned work may only be cancelled if Longkat confirms work has not been commenced. If Longkat has started or completed a commissioned piece of work that a client has ordered they are obliged to pay for the work that has been carried out.


8.8 All invoices are submitted via email except when agreed at the discretion of Longkat.


8.9 Longkat reserves the right withhold work if full and proper payment is not received.


8.10 Prompt payment is of the essence; Longkat will exercise a statutory right to claim interest (at 8 per cent over the Bank of England base rate) and compensation for debt recovery costs under Late Payment legislation if not paid according to these agreed terms.


8.11 Clients will be fully responsible for any bank charges, legal costs and/or administration costs incurred by Longkat in recovering none payment(s).


8.12 Clients will compensate Longkat in full for any losses or costs, including reasonable legal fees incurred arising out of any breach of this agreement and/or your violation of any law(s) or right(s) in connection.


8.13 Longkat reserves the right to impose a surcharge of up to 20% of the total commissioned work cost where the client has failed to provide required information in the set and agreed manner.


8.14 Upon commissioning Longkat, clients acknowledge, understand and agree to provide all content required to complete projects within a 'standard timeframe' (unless agreed and/or stated otherwise) of seven days. All content/material required to complete a project must be provided within 72 hours of commissioning. All necessary feedback for Longkat to complete a commission must be provided in timely manner of less than 48 hours upon the presentation of an initial draft of work.


8.15 Unless agreed and/or stated otherwise at the point of commissioning/acceptance, all projects will be delivered within our standard timeframe of forteen days. At the end of agreed completion date period (as set out on our 'Commission and Acceptance' form which you will be issued with at the point of engagement), full and complete payment will become due regardless of any failure by a client to provide necessary content/material and/or communicate necessary feedback to enable Longkat to complete a commission.


9. ADDITIONAL EXPENSES


9.1 Upon commissioning work with Longkat, travelling time to and from the premises of a client and/or additional meeting places is not generally included in any quote. Longkat reserves the right to make a charge for travelling time at the current hourly rate of £25 per hour. Longkat also reserve the right to charge for travelling expenses based on 46p per mile.


10. UNFORESEEN CIRCUMSTANCES


10.1 Longkat shall not be liable for any failure of performance due to an act of God, war, strike, lockout, industrial action, fire, flood, storm or any event beyond our control.


11. CHANGES TO THIS AGREEMENT


11.1 Longkat reserves the right to make changes and/or amend these terms and conditions. Relevant changes will be fully communicated to existing clients.


12. SEARCH ENGINE OPTIMISATION


12.1 The client agrees that Longkat makes no claims or guarantees regarding a client website appearing or being added to major search engines and/or directories. The client also understands any optimisation is strictly a process of influence and never any form of assured manipulation.


12.2 Longkat does not guarantee an absolute search engine position, nor does not guarantee any position initially obtained will be everlasting. The order in which websites are ranked in natural search results is controlled exclusively by search engines and it is impossible to guarantee an ongoing position rank.


12.3 Should a client require a website to be optimised on a continual basis, a separate contract must be agreed for each individual review.


12.4 In order to create the optimised pages and submission to search engines, clients fully allow Longkat to use all content related to the client's web site and/or business.


12.5 The client agrees that Longkat makes no claim or guarantees regarding the number of expected visitors to the client's website upon optimisation, or revenue expected from visitors, and will not be held liable.


13. BROWSER COMPATIBILTY


13.1 The client agrees that all work carried out is supported by only certain current web browsers. Supported browsers are the current version of Internet Explorer, Firefox, Opera and Chrome.


14. WEBSITE HOSTING AND E-MAIL

14.1 Domain names registered via Longkat on behalf of a client remain the property right of the client and are simply administrated by us. Domain and hosting services are subject to an ongoing annual subscription for the continued provision of any required service [you will need to refer to our current pricing structure for details regarding your specific product(s) at the point of renewal, any renewal costs will communicated to you before invoice].


14.2 Longkat fully agrees to transfer any domain name(s) to the client immediately upon request and without additional charge concerning our part in the transfer process; however the client may incur costs from their new chosen supplier as part of the transfer process.


14.3 Any third party costs connected with the registration of a domain name and hosting service shall be met by the client separately and individually.


14.4 The client agrees to promptly pass on FTP details and any other access details relating to their domain name and hosting account which Longkat requires to upload files if/where required.


14.5 No guarantee is made regarding the availability or interruption of website hosting or e-mail service provided via Longkat or any additional third party provider. Longkat cannot accept liability for any loss caused by the unavailability, malfunction and/or corruption of files, malicious intrusion or general interruption of service; or for loss of custom, turnover, sales, revenue, profits or any additional loss


14.6 Longkat strictly forbids the use of our services for any purpose that may be deemed offensive or illegal. This includes publishing information online and/or the transmission of e-mails with illegal content or criminal intent. By undertaking our services, you agree Longkat is fully indemnified from any resultant legal action and that you take full and absolute responsibly for the service(s) being used in a legally acceptable manner.


14.7 Longkat reserves the right to strictly refuse to handle, material which may be deemed offensive or illegal. We will without hesitation report to the correct authorities any illegal/criminal activity or additional endeavour which contravenes the Computer Misuse Act 1990. By undertaking our services, you agree Longkat is fully indemnified from any resultant legal action upon reporting apparent criminal activity.


14.8 Longkat does not guarantee the correct functionality of websites when hosted via a third party provider, it is the responsibility of the client to ensure their hosting service is fit for the purpose of their intended commissioned work.


15. THIRD PARTY IMAGERY AND CONTENT


15.1 Certain imagery and content provided by Longkat may have been purchased under licence from third party suppliers. Any such imagery and/or content are generally only licensed for a single use. Their licence potentially may not permit further use(s) in additionally created material. It is the clients legal responsible for ensuring compliance on this subject.


16. TERMINATIONS


16.1 The client has under the 'Consumer Protection (Distance Selling) Regulations 2000' has the unreserved right to cancel any individual contract within seven working days from the date the customer receives confirmation that the contract is formed from Longkat. The date the customer receives confirmation shall be the date of placing the official order, the customer will receive an electronic notice in writing that the contract is formed. Once a period of seven working days has passed, the client will no longer have the right to cancel the contract under the Consumer Protection (Distance Selling) Regulations 2000.


16.2 This agreement can still be terminated by the client upon giving Longkat thirty days notice in writing. However the client is expected to pay all outstanding charges in full incurred up to the expiry or natural end of any individual agreement.


16.3 We are entitled to terminate this agreement for non payment or where the any service is being used in any inappropriate manner.


16.4 Should the client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, Longkat reserves the right to cancel forthwith any projects and invoice client for any work already completed.


16.5 Longkat reserves the right to decline further work on a project if there are invoices outstanding with the client.

 

01926 299992

St Helens and Leamington Spa - England

info@longkat.com