All contracts of sale made by Xpand PCS ('The Company') shall be deemed to incorporate these terms and conditions ('The Company Standard Terms & Conditions') which shall prevail over any other document or communication from the party with whom the company is dealing ('The Customer'). Any order shall be deemed to be an offer by the Customer to purchase goods and or services in accordance with these terms and conditions.
The services are sold to the Customer with the knowledge that The Company are the sole owners of the design of any Web pages & code produced and that also any services may not be sold on to a third party unless written consent is obtained from The Company.
All price lists, advertising matter or similar material issued by The Company are indicative only as to the price and range of services available from time to time and contained information shall not be binding on The Company. The price of services shall be the price quoted by The Company at the time of the Customer placing the order. The Company reserves the right to amend quoted prices any time prior to order placement.
All Goods remain the property of The Company until payment is received in full. All payment is in U.K. Sterling. Unless otherwise agreed in writing with The Company the Customer shall pay the price and any other sums due in respect to the goods and or services supplied by the company, on collection or shipment date. Third party hosting & registration fees shall be paid in full prior to The Company initiating any Set-up or Web page design activities. In the event of late payment The Company reserve the right to remove the Customers Web pages from their server. In the event of late payments being received after the Customers Web pages have been removed from the server The Company reserve the right to cancel any agreement made or charge an additional reconnection fee prior to reinstatement of the Customer's Web pages on the server.
Delivery times quoted are estimates only and time shall not be the essence of the contract. In no circumstances shall The Company be liable to compensate the Customer in any way for late delivery or non-delivery of goods or services. Any Missing Items/Discrepancies MUST be reported within 48 Hours of Collection/Delivery. Delivery shall be deemed to take place when the goods and or services have been delivered or completed by The Company. Registration completion is deemed to be when the relevant naming authorities have accepted the Customers Domain Name. Design completion is deemed to be when the Customer approves the draft copy issued by The Company of their Web pages. Uploading completion is deemed to be when the Customer's Web pages reside on the server.
6. Limitation of Liability
The Company does not accept any liability for the loss of Web page access due to server down time or malfunctions at any time or for a period of any time. The Company in no way accept any liability for any errors present in any of their services provided. The Company will not be responsible for any damages your business may suffer. The Company makes no warranties of any kind, expressed or implied for services we provide. The Company disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by The Company and its employees. The Company reserves the right to revise its policies at any time.
The Company provides World Wide Web page hosting. The Company reserves the right to suspend or cancel a customer's access to any or all services provided by The Company when The Company decides that the account has been inappropriately used or otherwise.
8. Server Use
The Company do not allow any of the following content to be stored on its servers: Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation. Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of The Company. Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, and password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
9. High resource user policy
In rare cases, The Company may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, The Company reserves the right to implement the following policy to its sole discretion. When a website is found to be monopolising the resources available, the account holder will be contacted in order to discuss the situation. If no arrangement can be reached, The Company reserves the right to terminate the account giving one months notice.
10. Carriage, post and packing
Charges are made for all delivery options and will be invoiced to customers at the prevailing rate.
Goods are invoiced at the prices ruling at the time of ordering. VAT will be included with all goods or services supplied at the prevailing rate. The catalogue issued from time to time will remain current until updates or revisions are issued. Every effort is made to maintain the prices shown throughout the life of each catalogue. However the company reserves the right to modify prices without prior notice.
12. Payment terms
Payment shall be deemed to have been received only when the full amount of the value of the goods as invoiced has been credited to the Company's bank account without recourse or the Company has received the full amount in cash. If an invoice becomes overdue for payment the full outstanding amount becomes overdue and payable. The Company reserves the right to charge interest on overdue amounts at 3% above Lloyds TSB Bank PLC base lending rate for the time being in force calculated on a daily basis.
13. Product specifications, dimensions, etc
Whilst the Company will make every endeavour to deliver the goods as they are advertised in the Catalogue or any other Company brochure actual dimensions, specifications and quantities may in certain circumstances vary from those so advertised. The Company reserves the right without prior notice to vary the dimensions, specification and quantities of any goods without any liability to the Customer arising directly or indirectly from any such variation.
In the event that the Company is unable to supply goods as ordered by the Customer the Company reserves the right to offer goods of equal or superior quality comparable to or compatible with the goods ordered at the same price.
15. Property and title
No property or title to goods and or services shall pass from the Company to the Customer unless and until the full amount of the value of the goods and or services as invoiced has been credited to the Company's bank account without recourse or the Company has received the full amount in cash and the Customer shall indemnify the Company against any loss or damage to the goods prior the passing of property therein whilst in the Customers custody. Risk of damage to or loss of the goods shall pass to the Customer at the time of delivery or, if the Customer wrongfully fails to take delivery of the goods, at the time when the Company has tendered delivery of the goods.
16. Force majeure
In the event that the Company is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties to deliver goods, the Company shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfilment is prevented.
17. Trade name and mark
Indications of trade names or marks (other than those of the Company) shown in catalogues or other documentation of the Company are not restricted to indications of manufacture but may be indicative of general use of systems, machines etc. associated with the use of such products.
Since under normal circumstances goods are ordered in and processed the same day as receipt of order the Company reserves the right not to accept cancellation of orders. Where cancellation is accepted the Company reserves the right to indemnity from the Customer in full for costs incurred.
The Company reserves the right to refuse the return of faulty goods when said goods are covered by a separate manufacturers warranty and should be returned as per instruction on the warranty card provided with the aforementioned goods (e.g. printers & monitors). Current catalogue items, undamaged, unopened and fully marketable may be returned by prior agreement of the Company who reserves the right to make a handling/administration charge.
The system warranty covers hardware only. Problems with operating systems, games and other software are not included and are the responsibility of the software publisher. The Company offers a No Charge, repair or replace service for faulty computer hardware products under these warranty provisions but reserves the right to make a charge for software only fixes or where no fault is found. All goods sold by the Company are warranted free from defects in materials and workmanship. If the Company shall receive a written complaint from a Customer in respect of goods found to be defective in respect of materials or workmanship only within 14 days of delivery the Company after it has had a reasonable time to investigate the same and examine the goods in dispute shall be entitled at its option to repair or replace the defective goods or refund the purchase price. No claim will be entertained in respect of any goods which have been repaired or altered in any way or have been the subject of any accident or damage caused by any innocent, wilful or negligent act or omission of the Customer its employees or agents or through use contrary to the manufacturers instructions by the Customer, its employees or agents or by circumstances beyond the control of the Company or goods which cannot be shown to have been supplied by the Company.
Repairs will be carried out on the basis of a first come, first serve policy within a service level structure. In all cases the Company will attempt to make repairs ready for collection at the earliest opportunity. The Service level structure is set out as follows:
• Gold Cover - Goods shall be ready for collection within a period of 24 hours
• Silver Cover - Goods shall be ready for collection within a period of three working days
• Bronze Cover - Goods shall be ready for collection within a period of five working days
All systems supplied will by default be on bronze cover.The company will abide by this structure at all times, unless specific parts are required that are not readily available. In such cases the Company shall complete the repair at the first opportunity following the delivery of said parts. The above times denote a maximum amount of time and are not often expected to reach such a level.
22. The company's liability
• The Company shall under no circumstances whatsoever be liable for any indirect or consequential loss howsoever caused.
• The Company's liability in respect of breach or non-performance of any order shall be limited to the invoiced value to which the claim relates.
• Goods are not tested or sold as fit for any particular purpose or for use under any specific conditions.
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998) and according to the Which? Web Trader Code of Practice.
• We collect information about you for 2 reasons: firstly, to process your order and second, to provide you with the best possible service.
• We will not e-mail you in the future unless you have given us your consent.
• We will give you the chance to refuse any marketing email from us or from another trader in the future.
• The type of information we will collect about you includes any information given at the time of ordering. This information will never be passed on to third parties.
• We will never collect sensitive information about you without your explicit consent.
• The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly.
• The personal information which we hold will be held securely in accordance with our internal security policy and the law and the Which? Web Trader Code.
• If we intend to transfer your information outside the EEA (European Economic Area) we will always obtain your consent first.
• We may use technology to track the patterns of behaviour of visitors to our site. This can include using a "cookie" which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings.
If you have any questions/comments about privacy, you should email us.
• If any provision hereof shall be held to be invalid illegal or unenforceable the validity and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.
• Waiver by the Company of any breach of these conditions or any granting of time or indulgence by the Company to the Customer shall in no way affect the rights of the Company hereunder.
• All headings are for convenience only and do not form part of these Terms and Conditions.
• Any notice or demand to be given hereunder shall be in writing and shall be delivered by hand or sent by first class pre-paid letter to the last known address of the party to be notified and shall be deemed to have been served immediately, if delivered by hand and forty eight hours after posting if posted as aforesaid.
• Unless stated in writing all Domain fees are for a period of 2 years from date of order and all hosting fees are for 1 year from date of order.
• The Laws of England shall govern the validity construction and performance of any contract to which these Terms and Conditions apply and the parties submit to the jurisdiction of the English Court.
• The Company may at its discretion record telephone transactions with its customers for security or training purposes.