Terms & Conditions
General Terms & Conditions
All sales made by Matt's Computer Solutions (MCS) are subject to these standard terms & conditions, except where agreed otherwise in writing.
Please read these terms and conditions carefully. These Terms and Conditions supersede all previous representations, understandings or agreements. Any purchase, payment of advance fee or use of our services implies that you have read and accepted these terms and conditions.
DEFINITIONS : "Our", "Us" and "We" refers to the seller (vendor) whose trading style appears on your order and invoice. "You", "Your" and "Client" refers to the original company, organisation or individual who purchases goods and/or services directly from us. "Reseller" refers to any person or company who purchases items for resale onto a third party. "Consumer" refers to any person who is acting for purposes which are outside his trade, business or profession. In all cases, for 'he' read 'he or she'.
YOUR RIGHTS : You and We are protected by statutory (legal) rights, according to the laws of England and Wales or any European Legislation which applies in England. Where statutory legislation exists, or new legislation comes into force, your and our statutory rights are not affected by anything within these terms, and those rights take precedence over these terms. Where any part of these terms is over-ridden by legislation, all other terms still apply. Any order placed with us is subject to acceptance.
1. PRICE : All prices quoted exclude carriage and VAT, unless otherwise specified, which will be charged at applicable rates and added to the invoice total. Unless explicitly requested, method of carriage will be at our discretion. Any costs omitted or corrections on your invoice will be invoiced/credited later. Please notify us promptly if you are not billed the correct amount and we will correct the error. All advertised/advised/published pricing is subject to change at any time without notice due to market/currency fluctuations and other factors. If a price has risen, we will advise before proceeding with an order if you have specified a different price on your order.
2. PAYMENT : We accept payment by cash, cheque, postal order, banker's draft and BACS. If a credit facility is offered, payment must reach us within 30 days of invoice (except where agreed otherwise in writing).
3. OVERDUE PAYMENT : We reserve the right to charge interest on all overdue balances at 3% per month compounded until the date payment is received in full or alternatively, at our discretion, in line with legislation relating to late payment of commercial debts. Interest is charged from the invoice date onwards if payment is not received within 30 days (or as agreed otherwise in writing).
4. RECOVERY COSTS : All costs, charges and expenses incurred by us in recovering any debt shall be paid by you. If a payment made by cheque bounces, you shall be liable for all reasonable costs incurred as a result.
5. TITLE : All goods remain our property until such a time as they have been paid in full, as per all invoices issued by us for those goods. Goods supplied may not be resold by you until they have been paid for in full, unless the new purchaser is made aware that title remains with us until we have been paid in full.
6. CREDIT CHECKING / VALIDITY : We reserve the right to liaise with credit reference and other agencies with regard to your status and submit information accordingly and in line with relevant legislation. We also reserve the right to refuse any unexecuted order, without giving a reason. Certain products may only be available to qualifying persons or persons in particular geographical areas.
7. TELEPHONE : Please be advised that for staff training purposes as well as your and our own security, we may record telephone calls to/from us and such recordings and emails may be supplied to law enforcement or anti-fraud agencies if required.
8. DELIVERY : In most cases, unless agreed otherwise, we dispatch using our preferred carrier. Standard Delivery is normally made the next working day after dispatch but no absolute guarantee can be given of this or any other delivery times. Where a premium service is requested (e.g. AM delivery or Saturday) our liability extends only to a refund of the premium should the delivery not be attempted on time. Same-day dispatch is subject to the order being received earlier than that working day's 'cutoff' time but this may vary with workload or around holiday periods. "Working day" is considered to be Monday to Friday, excluding holidays or any other day on which we are closed. Deliveries may be made any time between 9am and 6pm. Our standard delivery service cover most parts of mainland UK. It is essential that someone will be at the delivery address to receive and sign for the goods.
9. ASSIGNMENT : We reserve the right to transfer any debt to us or other elements of our contract with you, or other liabilities in part or whole to a third party, any such assignment or transference will maintain all existing contractual terms. This may include the use of a factoring or other finance company for the assignment of your debts to us. All existing liabilities from us to you, and vice versa will remain valid, including any warranties or service agreements.
10. PRIVACY : When placing an order, we require various personal details from you. It is important that you supply all details requested in order that we can validate orders efficiently. You can be assured that we treat your personal details, including email address and telephone numbers in confidence. We do not disclose such details to any third party or otherwise use them, except in connection with expediting/processing your orders/products. We do not send out unsolicited emails ('spam') and your email address will not be added to any mailing lists (unless requested). We will not use details of your purchases in our marketing/publicity materials or any other promotion without your consent. These policies exclude any disclosure which we are required by law to make, crime prevention, legal action or any issues relating to product safety. If ultimately we are unable to satisfy ourselves of the validity or other aspects of an order, we may not accept it.
11. GOVERNING LAW : This Agreement shall be governed by English Law.
12. SEVERABILITY : In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid,
Web Design & Development Terms & Conditions
The following terms and conditions apply to all website development / design services provided by Us to the Client.
1. ACCEPTANCE : It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
2. CHARGES : Charges for services to be provided by Us are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. We reserve the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of twenty five (25) percent of the project quotation total before the work is supplied to the Client for review. The remaining 75 (75) percent of the project quotation total will be due upon completion of the work. If the work is considerably large and ongoing then a monthly invoice for charges to date will be applied.
3. CLIENT REVIEW : We will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Us otherwise within ten (10) days of the date the materials are made available to the Client.
4. TURNAROUND TIME AND CONTENT CONTROL : We will endeavour to install and publicly post or supply the Client's website by the date specified in the project proposal, or at a date agreed with Client upon Us receiving initial payment, unless a delay is specifically requested by the Client and agreed by Us.
In return, the Client agrees to delegate a single individual as a primary contact to aid Us with progressing the commission in a satisfactory and expedient manner.
During the project, We will require the Client to provide website content; text, images, movies and sound files
5. FAILURE TO PROVIDE REQUIRED WEBSITE CONTENT : We are a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
6. PAYMENT : Invoices will be provided by Us upon completion. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt.
7. ADDITIONAL EXPENSES : Client agrees to reimburse Us for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
8. WEB BROWSERS : We make every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). Client agrees that We cannot guarantee correct functionality with all browser software across different operating systems.
We cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, We reserve the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
9. DEFAULT : Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Our web space, We will, at our discretion, remove all such material from our web space. We will not be responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account.
10. TERMINATION : Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
11. INDEMNITY : All Our services may be used for lawful purposes only. You agree to indemnify and hold Us harmless from any claims resulting from your use of our service that damages you or any other party.
12. COPYRIGHT : The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Us the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Us permission and rights for use of the same and agrees to indemnify and hold Us harmless from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Us that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
13. STANDARD MEDIA DELIVERY : Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on flash disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Us to return to the Client any images or printed material provided for use in creation of the Client's website, such return cannot be guaranteed.
14. DESIGN CREDIT : A link to our website will appear in either small type or by a small graphic at the bottom of the Client's website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees that the website developed for the Client may be presented in Our portfolio.
15. ACCESS REQUIREMENTS : If the Client's website is to be installed on a third-party server, We must be granted temporary read/write access to the Client's storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
16. POST-PLACEMENT ALTERATIONS : We cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
17. DOMAIN NAMES : We may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not Our responsibility. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
18. LIABILITY : MCS hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
Our entire liability to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.