Terms and Conditions of Business
Terms and Conditions of Business for Herdl ltd.
Scope
These Standard Terms apply to the supply of all products and services by Herdl Limited, unless we otherwise agree in writing.
Agency
We accept orders and instructions only on the basis that those instructing us do so as principals and are liable directly to us for payment of our account.
Adequacy of instructions
We provide services only on the basis that those instructing us give us all proper, necessary and timely instructions, authority and information (including the execution of all documents required) to enable us to undertake lawfully and effectively the business instructed, and that those instructing us indemnify us accordingly.
Copyright and publication
We accept material for printing and/or publication on the basis that those submitting the material are responsible for ensuring it is free from defamatory matter and does not infringe copyright or any other third party rights, and that those instructing us indemnify us accordingly.
Third party reliance
Our services are provided solely for the use of our client and that client’s own client on whose behalf the work has been commissioned and shall not be used or relied upon by any other third party.
Delivery of products and services
Products are delivered using first class post or email (as appropriate), unless otherwise stated. Where you request an alternative method of delivery, you must meet those costs. Services are provided using reasonable skill and care. The description and price of goods and services and delivery details will be provided in the confirmation of order and/or invoice dispatched with the product or service. Products and services will be provided in accordance with the timescales set out in the Consumer Protection (Distance Selling) Regulations 2000 unless otherwise agreed with you.
Proofs
We will accept no responsibility for any errors in proofs that have been approved by the client.
Claims
Claims for damage, shortage, defect or non delivery of goods must be made within seven days of receipt of invoice and we will not be liable for any such complaint made after this time.
Bug Fixing
Unless otherwise stated in the proposal, we offer a 1 month free bug fixing period for development work. Any bugs, that fall within the scope of works, reported within this timeframe will be fixed free of charge. After this timeframe, new bugs or issues will not be covered by this agreement.
Payment
We may require cash payment in advance before providing any goods or services. For web hosting, the full annual fee will be payable in advance and is non-refundable. Where we have agreed credit terms for you our invoices are due for payment 30 days from their date. We reserve the right to charge for costs and expenses incurred in recovering late payments, and to charge interest at the rate then in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date.
Non-completion of services
Where you instruct us to undertake any service, you will be responsible for our costs in providing that service whether or not it proceeds to its conclusion.
Liability
We accept no liability for loss or damage (direct, indirect or consequential) including all loss of profit or business arising out of any single claim, event, or series of related claims or events (including claims based on negligence).
Privacy policy and data protection
Herdl Limited will use personal information which we hold about you to provide our services and products to you, for credit control and market research purposes and to inform you about our services and products or events which we believe may be of interest to you.
We may only share your information with staff, clients, or other specialist networks with the sole purpose of completing your order or transaction. In order to provide services to you we may be required to pass your personal information to parties located outside of the European Economic Area in countries, which do not have data protection laws equivalent to those in the UK. Where this is the case we will take reasonable steps to ensure the privacy of your information. Except in the situations listed above or as required or allowed by law or other regulation, we will not pass, disclose, rent or sell your personal information (other than any personal information which is already publicly available) to any third party without your prior consent.
Any personal information that you submit to our website is similarly subject to the terms set out in this privacy policy. By submitting your personal information, you consent to becoming a registered user of our website, and to us using the details that you have provided within the terms set out in this privacy policy. We may use the information to help us understand more about how our site is used by visitors and to enhance our services to you. By submitting your personal information, you give consent for us to contact you from time to time for marketing, advertising and public relations purposes and for as long as necessary for the purposes of fulfilling our obligations to you. We may also periodically send out information updates to registered users of the Herdl website.
We make every effort to ensure the security of our systems. Unfortunately, no data transference or storage can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information after we’ve received it, we cannot ensure or guarantee the security of the information.
You have the right, by written request and on payment of a small fee, to a copy of any personal data (as defined in the Data Protection Act 1998) which we hold about you.
Compatibility
We try to ensure that any websites we produce will function correctly on the server they are initially installed on and that they will function correctly when viewed with the latest versions of Microsoft Edge, Google Chrome, Safari and Mozilla Firefox running on the latest Windows Operating System. Due to the large number of possible operating system and browser combinations we cannot guarantee our websites will function correctly on all other systems.
Due diligence
In certain circumstances we are required by law to collect evidence of identity from our clients. If you fail to supply any due diligence which we request we will be unable to provide services to you.
Customer services
If you are unhappy with any aspect of our service, please contact Herdl directly. Any complaints will be dealt with sympathetically and we will work with you to reach a satisfactory conclusion.
Cancellation
Contracts are issued on a fixed term basis.
Where contracts are billed on a monthly basis, upon the expiration of the original term, contracts will continue on a monthly rolling basis where either party may terminate the contract in writing upon serving a notice period of thirty (30) days from end of the current month.
Where contracts are billed on an annual basis, upon the expiration of the original term or any renewal term, contracts shall be automatically renewed for a one (1) year period unless, at least thirty (30) days prior to the renewal date, either party gives the other party written notice of cancellation.
Quotations and costs
Our quotes are valid for thirty (30) days. Unless otherwise agreed, Herdl’s standard terms of payment are as follows; 50% on approval of quote, 25% progress payment and balance, including any increase, on delivery of project. Our costs exclude VAT and any outside costs incurred (for example: travel, photography, copywriting, stock imagery, fonts, delivery, couriers and other reasonable expenses).
Our hourly rate is £90.00 p/hr. Any work outside an agreed list of deliverables, in the absence of a quote or due to author’s changes is charged at this rate. Work that is required outside of normal business hours will be charged at twice the standard hourly rate (£180 p/hr).
We will provide you with estimated timescale for progress and completion of work and will use reasonable endeavours to meet those timescales (as long as you perform your obligations promptly). Any quoted dates or times are our best estimates only and we cannot guarantee that they will be met.
Use of third party contractors
We may, as your agent, directly or through an intermediary ask another contractor (“Third Party Contractor”) to carry out some or all of any work, which you instruct us to carry out for you. We shall pay the charges of Third Party Contractors on your behalf and recharge them to you with our own fees. We will take all reasonable care in selecting and instructing a Third Party Contractor. However, we have no control over the activities of a Third Party Contractor and therefore accept no responsibility for the services provided to you by that Third Party Contractor or for any errors or omissions in its work or products.
Use of work for self-promotion
We reserve the right to use any work we produce for the purpose of self-promotion. We may include a link to our own website at the footer of your website and, where such link is so included, you must not take any steps to remove this link. We reserve the right to change any such links from time to time. If you do not want the back-link on your website we will negotiate a fee for the removal of the links.
Changes to terms and conditions
We reserve the right to make changes to these terms and conditions from time to time.
Jurisdiction
Contracts between us will be concluded in the English language and our relationship with you will be governed by English law and will be subject to the exclusive jurisdiction of the English courts.