1. All quotations/ proposals provided they are in writing are valid and capable of acceptance by customers for 30 days. They may include additional terms and conditions and details of timescales and payments not stated in these terms. Any contract between Northbloc and a customer shall be on these terms together with any contained in a quotation/ proposal to the exclusion of all other terms and conditions (including any purchase terms or similar of the customer).
2. NorthBloc will undertake work based on an instruction in written, verbal or electronic format, at our discretion. Once work has begun the customer will be bound by these terms and conditions and will be charged at NorthBloc's current rate for the given work or as otherwise stated in a quotation/ proposal.
3. Development timescales are subject to all material and any required payments being received from the customer prior to the commencement date or other agreed/stipulated date(s). Northbloc will endeavour to carry out work on time but the customer acknowledges that time shall not be of the essence with regard to Northbloc’s obligations.
4. During the initial development, planning and consultancy stage clients will be provided with one set of screenshots of page layouts, in either TIFF/JPG format or as a PowerPoint presentation, for approval. Additional changes and screenshots/presentations may be subject to an additional charge at Northbloc’s discretion at the current basic web design or graphic design hourly rates.
5. During development any additional work carried out over and above the quoted hours, additional features, consultancy or services will be charged at the current rates. Clients will be kept up to date with progress via weekly reports send by phone, email or fax.
6. Payment Terms: payments are strictly in advance or within 30 days of invoice for credit account customers. NorthBloc reserve the right to de-activate customers’ accounts and remove material if payment is not received by the renewal or due date.
7. Payments should be made by cheque to NorthBloc ltd or BACS
8. In the unlikely event that a customer’s account is overdue NorthBloc. reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998, after as well as before judgment, on all outstanding amounts that are 30 days or more overdue. Without prejudice to Northbloc’s other rights and remedies at law, the customer shall keep Northbloc fully indemnified against any costs and expenses (including legal and other professional fees and expenses) Northbloc incurs or pays in connection with the customer’s failure to pay invoices when they are due including in connection with the issue of legal proceedings for recovery of debts and interest shall accrue on such amounts on a daily basis at the same rate as is payable under this clause on all outstanding amounts that are 30 days or more overdue.
9. NorthBloc reserves the right to terminate or suspend any account, at any time, as deemed appropriate by NorthBloc staff, where the user has made inappropriate or unreasonable use of NorthBloc’s services or where the customers account is 30 days or more overdue. We take no responsibility for loss of business or costs incurred by the customer due to the suspension or removal of services in the event of customer’s non-payment of account or failure to adhere to any of our terms and conditions. If a customers account is suspended or de-activated due to late or non-payment, a re-activation charge of £35.00 plus VAT will be applied
10. Cancellation period. Cancellation of services requires at least 30 days prior notice in writing which must be received by Northbloc at least 30 days before the start/renewal date. Failure to give the required notice will result in the customer being invoiced for the next full amount/term, which is normally 12 or 24 months unless otherwise stated.
11. Intellectual Property Rights All Intellectual Property Rights in any software, documentation and other materials including website software supplied to the customer by Northbloc (other than third party software products which shall be supplied in accordance with the relevant licensor’s terms) shall be the property of Northbloc and Northbloc grants the customer a non-exclusive licence to use such Intellectual Property Rights strictly for the purpose of enabling the customer to operate its website and any other software supplied in the normal course of the customer’s business.
“Intellectual Property Rights” in these terms means all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, trade marks, service marks, trade names, patents, petty patents, utility models, design rights, semi-conductor topography rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off.
12. The customer shall keep Northbloc fully indemnified against any damages, losses, costs and expenses (including legal and other professional fees and expenses) Northbloc incurs or pays as a result of any claim that materials supplied by the customer to Northbloc in connection with services to be performed by Northbloc infringe the Intellectual Property Rights of a third party.
13. Limitation of Liability Nothing in these terms shall exclude or limit Northbloc’s liability for 1) death or personal injury caused by its negligence; 2) any breach of the terms implied by section 12 Sale of Goods Act 1979 or section 2 Sale and Supply of Goods Act 1982; 3) fraud; or 4) any other liability which cannot be excluded or limited under applicable law.
14. Northbloc shall not be liable to the customer for any damage to software, damage or loss of data, loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity or any other indirect or consequential loss or damage.
15. Subject to the foregoing provisions of this clause, Northbloc’s aggregate liability in respect of any claims (whether in contract, tort or otherwise) arising out of services to be performed by Northbloc under these terms shall not in any event exceed the total amount of charges payable by the customer in respect of the relevant services.
Hosting Terms and Conditions
16. NorthBloc reserve the right to terminate any accounts, at any time, as deemed appropriate by NorthBloc staff, where the user has made inappropriate or unreasonable use of NorthBloc services.
17. Without prejudice to its other rights and remedies Northbloc reserves the right to terminate a customer’s accounts at any time upon giving the customer 30 days notice whenever a dispute arises between Northbloc and the customer or Northbloc in its judgement considers the relationship between them has deteriorated or broken down.
18. NorthBloc takes no responsibility for any information loaded to our customers’ accounts or servers. We do not have the time or inclination to police the customers’ data. If it is brought to our attention, by the proper authorities we may at our discretion suspend service on accounts or servers, until any illegal data is removed.
19. NorthBloc is not responsible for any interruption of service which is beyond its reasonable control or which is to allow for planned maintenance work, and accepts no liability for losses the customer may suffer as a result of such interruption.
20. Content and usage. We reserve the right to refuse to serve the materials of any existing user making inappropriate or unreasonable use of NorthBloc services or an applicant whose planned web presence activities are deemed to have the potential of creating negative impact on NorthBloc's abilities to serve its customers. Inappropriate or unreasonable includes providing copyrighted, materials without authorisation, providing obscene or offensive, materials (e.g. pornographical materials), providing materials, whose nature and/or volume compromises the ability of NorthBloc’s servers to serve other user’s web presence (instances including but not limited to: unreasonable consumption of disk space, Internet link bandwidth, CPU, and memory usage, as determined by NorthBloc staff), materials that violate the commonly accepted etiquette of the Internet or providing materials that are deemed by the government authorities as inappropriate or illegal. Any such government determinations will be binding on the customer, not NorthBloc. The customer shall keep Northbloc fully indemnified against any damages, losses, costs and expenses (including legal and other professional fees and expenses) Northbloc incurs or pays as a result of any third party claim that material supplied by the customer to Northbloc and published by Northbloc is obscene, offensive, inappropriate, illegal or otherwise unacceptable to such person.
21. Spam and UCE Spamming or any type of UCE (Unsolicited commercial e-mail), is strictly prohibited, and the customer’s account may be closed immediately if the customer is found to be doing so.
22. IRC and bots No IRC connections must be made under any unauthorized hosts. The customer’s account may be terminated if the account is found to be using unauthorized hosts. IRC Ro(Bots) are strictly not allowed. If the customer’s account is found to be running a bot the account may be disabled without warning.
23. Failure to abide by any of terms outlined in this document may result in termination of service without refund.
24. Cancellation period. Cancellation of services requires at least 30 prior days notice in writing which must be received by Northbloc at least 30 days before the renewal date. Failure to give the required notice will result in the customer being invoiced for the next full term, which is normally 12 or 24 months unless otherwise stated.
25. Transfer of Domain Name hosting to another service provider is £80.00 plus VAT subject to all accounts being up to date. We will normally initiate transfer within 2 working days of receiving your email/fax/post.
26. Payment Terms: Our normal payment terms apply to all hosting and Internet services as detailed in Clauses 5,6,7 and 8 above.
27. NorthBloc do not make any termination charges.