Terms
and Conditions
All contents of this 'web site' are: Copyright © 2002 Trademakers.
These Terms and Conditions govern your use of this web site and all
Trademakers associated web site's.
(All
Trademakers web sites and its associated web site's will be referred
to as 'web site' throughout these terms and conditions)
Trademakers
reserves the right to update or modify these Terms and Conditions
at any time without prior notice. Your use of this 'web site' following
any such change constitutes your agreement to follow and be bound
by the Terms and Conditions as changed. For this reason, we encourage
you to review these Terms and Conditions whenever you use this 'web
site'.
Copyright
The contents
of this site are the property of Trademakers, and are protected by
UK and International copyright laws. All 'web site' design, text,
graphics, the selection and arrangement thereof, and all software
compilations, underlying source code, visual clips, audio clips, logos
and button icons, and all other material on this 'web site' are copyright
© 2002 Trademakers, or their content and technology providers.
ALL RIGHTS RESERVED. Permission is not granted to electronically copy
and to print in hard copy portions of this 'web site'. Any use of
materials on this 'web site' including reproduction, modification,
distribution, or republication without the prior written and signed
permission of Trademakers is strictly prohibited.
Privacy
Policy
Any information,
data or request communicated via 'the web site' owned by Trademaker
is treated with respect and the utmost confidentiality. Trademakers
reserve the right to store private information and use to the benefit
of the customer/user. Details of any kind will remain within the private
directories of Trademakers. Trademakers also reserve the right to
future distribution of e-mail addresses to a third party, and all
necessary regard has been given to the requirements of the Data Protection
Act (Data Protection Act 1998) to protect our customers/users. Trademakers
wants to ensure that our clients' privacy is protected at all times,
and we employ security measures to safeguard all transactions with
us. Some of our web pages may contain links to other sites on the
Internet, and Trademakers is not responsible and cannot be held liable
for the content of, or privacy practices employed by other sites.
Disclaimers
This
'web site' may provide information and links to enable you to buy
products or services from outside businesses. By using this service
you acknowledge and accept that Trademakers does not accept any responsibility
or liability for any loss or damage you may suffer as a result of
you ordering or purchasing any goods or services through this 'web
site'. The information on this site whilst Trademakers (UK) Limited
tries to ensure that the information on this site is accurate and
complete, Trademakers is not always able to check the accuracy or
completeness of that information and Trademakers does not accept any
liability arising from inaccuracy or omission in the information on
this site. All product downloads from the 'web site' become the responsibility
of the customer for correct selection and download. The 'web site'
will not be held responsible for the wrong selection of product downloads
that may become time consuming due to bandwidth restriction.
You are
advised to verify the accuracy of any information before relying on
it. Trademakers does not warrant that the content on this site is
virus-free. You acknowledge that any material and/or information downloaded
or otherwise obtained through the use of this site is at your own
discretion and that you will be solely responsible for any damage
to your computer system or loss of data that results from the download
of such material and/or data.
You accept
that Trademakers is not to be held responsible for any loss of profit
or exposure of any kind due to any faults on the Internet that happen
from time to time such as: A server being down, returned e-mail or
failure to send, a power surge or power failure, a virus or error.
Trademakers is also not to be held responsible for loss of any profits
due to natural occurrences of any kind such as: Earthquake, Typhoon,
Flood or Fire.
Indemnity
You agree
to indemnify Trademakers and its subsidiaries, affiliates, or other
partners and subcontractors, and keep us indemnified and hold us harmless
from and against any breach by you of these terms of business and
any claim brought against us by a third party resulting from the provision
of Services by us to you and your use of the Services and the Server
including, without limitation, all claims, actions, proceedings, losses,
liabilities, damages, costs, expenses (including reasonable legal
costs and expenses), howsoever suffered or incurred by us in consequences
of your breach or non-observance of this Agreement;
Conditions
These
conditions shall apply solely to all orders placed with Trademakers
for Trademakers own products and services unless otherwise agreed
in writing. Any conditions contained in a Customer's order form which
conflict with any of these conditions shall be deemed to be inapplicable
unless otherwise agreed in writing.
We hope
that you will be completely satisfied with your product. However,
it may be necessary to return your product to us in some limited circumstances.
Please ensure that you follow the instructions for returning a product
to avoid delays in processing your return. Other than as required
by law we have no general policy of accepting returns. All returns
and refunds on products are at the discretion of the Customer Service
Manager. Returns will not be accepted unless they have a Returns Authorisation
Number on the label. This number can be obtained by contacting Trademakers
by email or post.
Any product
returned to us will be subject to the WorldPay Guarantee Service terms
and conditions and processes; all products must be returned with all
associated items originally sent as part of the product and in the
same packaging.
All returns
related to an 'automatic electronic download' of a product or service
from any of Trademakers sites are subject to the standard terms and
conditions for returns but because of the nature of the service any
return will be subject to satisfactory review as to the reason for
the return.
When
sending the return to us, you are responsible for the safe carriage
of the product back to us. You should return any product to us via
a suitably insured means based on the value of the product. This means
that you may recover the full value if the product is lost or damaged.
You should retain any receipt confirming the return. If returned products
are lost Trademakers cannot be held liable for them. Refunds will
not be issued until the product has been received by us in its original
or delivered state. Agreement of the refund has to be received by
you in writing by email or post prior to the return. Returns without
an authorised returns number will not be accepted.
The goods
must be returned in an unused and re-saleable condition; if the product
is in a re-saleable condition a 100% refund will be granted. Should
it transpire that a product is not fit to restock and has to be subsequently
repacked, a restocking and handling fee of 20% will apply. Should
we authorise the return of an unwanted product, you are responsible
for the cost of safe carriage back to us. Furthermore you are advised
to organise appropriate insurance to cover the return journey.
Delivery
Delivery
charges and estimated time scales are as specified. We make every
effort to deliver goods within the estimated time-scales, however
delays are occasionally inevitable and time for delivery will not
be of the essence. Delivery should be achieved within thirty [30]
days. You are responsible for ensuring that the dimensions of your
product(s) and the delivery destination are suitable for delivery.
Where delivery has been attempted, your delivery charge will not be
refunded. We will endeavour to keep you informed of any delay to your
expected delivery date.
Online Payment Policy
Trademakers
and all its associated 'web site's all utilise the WorldPay protection
guarantees for all online transactions ensuring maximum security and
customer protection.
WorldPay
Guarantee Service
With
WorldPay you receive the 'Shopper Guarantee'. Research shows that
81% of online store owners feel that their sales would increase if
shoppers were less concerned about fraud. For this reason WorldPay
protects shoppers, who purchase goods/services on any WorldPay guaranteed
customer web site's. This promotes the shopper coming back to the
store, time and time again.
Shopper
Guarantee
When
using a WorldPay Guaranteed online store the fulfillment of all transactions
made by the shopper, is guaranteed by WorldPay. The Shopper Guarantee
also enables the shopper to dispute a transaction directly with WorldPay
(accessed via www.worldpay.com), if goods or services they have paid
for are not delivered or are not in accordance with the transaction
contract. This process will therefore reduce the number of cardholders/shoppers
disputing the transaction with their card issuers. In the event that
the cardholder is not satisfied WorldPay will arbitrate on the matter
and determine whether or not the cardholder should be refunded.
Termination
If you fail to pay any sums due to us as they fall due, we may suspend
the Services and/or terminate this Agreement forthwith without notice
to you;
If you break any of these terms and conditions and you fail to correct
the breach within thirty (30) days following written notice from us
specifying the breach, we may terminate this Agreement forthwith upon
written notice;
If you are a company and you go into insolvent liquidation or suffer
the appointment of an administrator or administrative receiver or
enter into a voluntary arrangement with your creditors, we shall be
entitled to terminate this Agreement forthwith without notice to you;
On termination of this Agreement or suspension of the Services we
shall be entitled immediately to block your Web Site and to remove
all data located on it. We shall be entitled to delete all such data
but we may, at our discretion, hold such data for such period as we
may decide to allow you to collect it at your expense, subject to
payment in full of any amounts withstanding and payable to us. We
shall further be entitled to post such notice in respect of the non-availability
of your Web Site as we think fit;
Order
Processing
We require
receipt of an official purchase order or a signed Trademakers order
form before any work can commence, along with the relevant initial
fee relating to the product/service taken. Acceptance of services/products
supplied by Trademakers automatically binds the buyer to Trademakers
terms and conditions; terms and conditions supplied with a buyers
purchase order are superceded by this. Trademakers reserves the right
to carry out its service requirements in the manner appropriate to
supplying the service and as stated at the outset of the work to the
client.
Payment
Terms
All services/products
taken are subject to the payment terms agreed at the time of purchase
and in accordance with Trademakers official price list. The price
list can be subject to change at any time. Any additional work outside
the agreed initial specification is billed separately and is subject
to our standard 14 days payment terms. Whilst we do try to give an
accurate price for all work carried out some things are outside our
control, including hosting costs and we cannot guarantee that some
prices will not be subject to change.
Hosting/Domain
Registration
Hosting
webspace, registration of domain name in the clients name and any
work carried out by Trademakers on the behalf of you the client, remain
the property of Trademakers until the account is paid in full. Domain
names registered in the name of Trademakers remain the property of
Trademakers.
Confidentiality/Intellectual Property
Trademakers
own the rights to the code/functionality of all work carried out on
behalf of clients. Such code may not be copied, sold or adapted for
use elsewhere except where indicated as public domain or attributed
to individuals outside of Trademakers. We refer in particular to large
database driven websites which may not be replicated or sold without
the express permission of Trademakers.
General
Terms
Trademakers
make every attempt to stay abreast of the law and how it relates to
online shopping, however, the onus is on you, the merchant to ensure
that your website complies with current legislation. Under no circumstance
will Trademakers or any of its associates or directors be held liable
for changes in legislation during the lifetime of your shopping facility.
You also have to state a date by which time the goods will have been
delivered. The emphasis in consumer law now, is very much on delivery
times, and how and where goods should be returned. In most cases,
consumers have a 14 day cooling off period which means they have the
right to return goods during this period if they so choose.
Current legislation regarding storage and retrieval of data (Data
Protection Act 1998), including email can be found here.
Disclaimer:
Neither Trademakers or any of their respective directors, employees,
servants, agents, affiliates or other representatives will be liable
for loss or damages arising out of or in connection with your use
of, or your inability to use, the services and/or facilities offered.
In using our services, you are agreeing, and you are signifying your
agreement, to be bound by these terms. This does not affect your statutory
rights.
Even the best equipment can fail, and we accept no liability for loss
of business in the event of a hard-drive failure or loss of service
on any of our servers. In the event of an interruption in service,
we will endeavour to restore normal service as soon as possible, and
reinstate your site using the most recent backup we have - where relevant
We do not accept responsibilty for loss of business under any circumstance.
(unless a specific emergency cover has been agreed in writing beforehand
)
* If you do decide to take and operate your own credit card validation
services we cannot guarantee that you will be accepted for these services.
You will need to obtain a merchant account - we can help you with
this but it is issued subject to status from your bank facility. Anyone
utilising Trademakers merchant account is not subject to this procedure.
We reserve the right to permanently discontinue service at any time,
without notice and without refund, should you be found in violation
of any of Trademakers terms & conditions or found to be instrumental
in jeopardising Trademakers best interests and the interests of its
clients.
We do not allow links to illegal websites or associated material and
it is your responsibility to ensure that your website complies with
UK legislation, and legislation pertaining to your product/service
and in what country it is sold in, including voluntary & compulsory
acts covering published material.
All
content © 2002 Trademakers
