Terms & Conditions
The following terms and conditions apply to all creative services provided by Xvavier LTD to the Client.
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.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by Xvavier LTD are defined in the project “Scope of Services” that the Client receives via e-mail. Quotations are valid for a period of 30 days. Xvavier LTD reserves 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 & development services require an upfront payment of fifty (50) percent of the project or phase quotation total prior to the work commences. A final charge of fifty (50) percent is due upon completion of the work, prior to upload to the server or release of materials.
Payment for services is due by bank transfer. Bank details will be made available on invoices.
3. CLIENT REVIEW
Xvavier LTD will provide the Client with an opportunity to review the appearance and content of the website during the design and development phases and once the overall website development is completed. At completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Xvavier LTD otherwise within ten (10) days of the date the materials are made available to the Client.
4. TURNAROUND TIME AND CONTENT CONTROL
Xvavier LTD will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Xvavier LTD receiving initial payment, unless a delay is specifically requested by the Client and agreed by Xvavier LTD.
In return, the Client agrees to delegate a single individual as a primary contact to aid Xvavier LTD with progressing the commission in a satisfactory and expedient manner.
During the project, Xvavier LTD will require the Client to provide website content; text, images, movies and sound files. The parties acknowledge and agree that Client has full editorial control over the contents of the Website.
5. FAILURE TO PROVIDE REQUIRED WEBSITE CONTENT
Xvavier LTD operates as 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.
Invoices will be provided by Xvavier LTD upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. The website will not be migrated, published or supplied to the Client prior to the account being cleared.
7. ADDITIONAL EXPENSE
Client agrees to reimburse Xvavier LTD for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
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. If termination occurs part way through project, the amount payable to Xvavier LTD will be proportionate to work completed to date as detailed in Statement of Work.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Xvavier LTD 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 Xvavier LTD permission and rights for use of the same and agrees to indemnify and hold harmless Xvavier LTD from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.
Xvavier LTD may not use Clients copyright or intellectual property for any purpose other than that contracted for in this Agreement except with the written consent of the Client. Xvavier LTD shall grant to Client a royalty-free, non-transferable, non-exclusive perpetual licence for Client to use the software for its own business purposes.
10. INTELLECTUAL PROPERTY
The Intellectual Property Rights in Deliverables comprising of creative work including Design passes to Client upon receipt of payment.
11. 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 (delivered on memory stick 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 Xvavier LTD 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.
12. DESIGN CREDIT
A link to “Xvavier LTD” 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. If the Client requests that the design credit be removed/excluded, a nominal fee of 10% of the total development charges will be applied, unless a special agreement has been reached in advance. The Client also agrees that the website developed for the Client may be presented in Xvavier LTD’s portfolio.
13. ACCESS REQUIREMENTS
If the Client’s website is to be installed on a third-party server, Xvavier LTD 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.
14. POST-PLACEMENT ALTERATIONS
Xvavier LTD 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.
15. DOMAIN NAMES, WEBSITE HOSTING & EMAIL HOSTING
Xvavier LTD 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 the responsibility of Xvavier LTD. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
Website hosting and email hosting costs are to be provided by Xvavier LTD and defined in the project “Scope of Services” that the Client receives via e-mail. Hosting costs are billed yearly, unless otherwise agreed, to the Client. These costs are payable on project completion, prior to going live or the publishing of any materials.
The loss, cancellation or otherwise of any hosting brought about by non or late payment is not the responsibility of Xvavier LTD. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
Xvavier LTD guarantees 99.9% uptime. A failure to provide 99.9% uptime will result in Client compensation pursuant to guidelines established herein.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an upfront fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online or by bank transfer is an acceptance of our terms and conditions.
17. GOVERNING LAW
This Agreement shall be governed by English Law.
Xvavier LTD warrants that it shall provide the Products & Services and the Website to the Client using reasonable care, skill and reasonable time in accordance with generally recognised commercial practices and standards.
Xvavier LTD is not liable for; Any malicious code injection on the Client’s website. Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website. Loss or damage to clients’ artwork/photos, supplied for the site. Limiting or excluding liability for any other losses arising from negligence or other cause, such limitations or exclusions have to be ‘reasonable’.
The entire liability of Xvavier LTD 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.
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.
Respecting your privacy and security is very important to us. Xvavier LTD is committed to protecting your personal information. This policy sets out the basis upon which information is collected about you by Xvavier LTD through the use of the Xvavier LTD website and any other electronic communications networks by Xvavier LTD and the use of the personal information you provide to us in person or online, via email, phone, in writing or other correspondence.
For example, your personal information may be collected or provided by submissions to our website, use of our mobile applications, purchases and telephone calls to or from us, emails, correspondence, fundraising or campaign responses. We do not collect or process sensitive personal data such as race, ethnic origin, physical or mental health, political or philosophical views or sexual orientation.
Please read the policy carefully as by using the Xvavier LTD website and providing your personal data to Xvavier LTD you will be deemed to have consented to the processing of such data.
Terms & Conditions
These terms and conditions relate to goods that you offer to purchase from xvavier.co.uk (“our/this website”). Please read these terms and conditions carefully as they govern your use of this website and our supply to you of any goods which you offer to purchase through this website. We’ll be unable to process any offer to purchase goods until you have done so. If there is anything you do not understand, please e-mail us at firstname.lastname@example.org.
By making an offer to purchase, you agree to be bound by the provisions of the agreement (as defined in clause 2.1 below) between you and us. If you do not accept these provisions you should not place an order. As importance, your attention is drawn in particular to clauses 8 (limitation of liability) and 9 (indemnity).
You must be 16 years or older to register for the service. By submitting an order form (see 1.4 below), you confirm to us that you are at least 16 years of age and that you accept these terms and conditions of purchase.
We may change these terms and conditions at any time and we are not under any obligation to notify you of such changes.
Xvavier LTD adheres to current distance selling regulations.
In these terms and conditions:-
1.1 “Commencement date” means the date when our agreement with you is concluded (see clause 2.3);
1.2 “Invoice” is the form that is shown on screen after you have placed an order, confirming details of the goods which you have offered to purchase and which we have agreed to supply to you.
1.3 “Consumer” means an individual whose use of the service is for personal purposes only, and not for use in connection with any trade, business or profession;
1.4 “Order form” means the form completed by you online and showing details of goods that you have offered to purchase from us.
1.5 “Goods” means the goods to be provided by us to you, as described in the order form and invoice and on the pages of our website relevant to those goods. (In the event of a discrepancy between the description of the goods on the website and that on the order form, invoice, the description on the order form or invoice shall be conclusive);
1.6 “we/us/our” refers to xvavier.co.uk, Xvavier LTD, a company incorporated in England and Wales (registered 10936125) and having the registered office at Xvavier LTD, 25 Penhurst Road, Ramsgate, CT11 8EG.
1.7 “you/yours” refers to you, the person offering to purchase goods from us.
2.2 Nothing on our website is intended or shall be interpreted to mean that we are making a legal offer to you to provide the goods. We are inviting you to make a legal offer to us to purchase the goods. It is entirely at our discretion to accept or reject the offer to purchase.
2.3 The agreement is concluded only when we have accepted your order by sending you an invoice (with the date of conclusion of the agreement being the date shown on that invoice).
3.1 Payment can be made using any of the methods listed on this website and will be debited when we have accepted your offer to purchase.
All prices are quoted in UK pounds Sterling.
Our acceptance of your offer to purchase goods is subject to their availability. Our acknowledgement of order acceptance via web or e-mail is not a guarantee of delivery. We will inform you if we are unable to deliver the goods that you have offered to purchase. No money will be taken unless goods are dispatched and invoiced. In the event that we are able to supply some but not all of the goods on the Order Form, the whole amount for all the goods on the order form will be taken from your credit or debit card but a full refund will then be made, on dispatch, for the unavailable goods.
We make every effort to ensure the descriptions and price of goods are correct. We will inform you as soon as possible in the event of an error in pricing or description coming to our attention. Where we notify you of such an error, you will have the option of either (i) confirming your offer to purchase subject to the corrected description and/or price, or (ii) retracting your offer to purchase and receiving a full refund if the goods have been paid for.
4. DELIVERY DETAILS & RETURNS POLICY
4.1 All UK purchases are automatically shipped using Royal Mail Recorded Delivery Service (allow 1-3 working days for delivery).
Orders placed on weekdays after 5pm and orders placed on a Saturday or Sunday will be dispatched the next working day.
Highlands, Offshore, Northern Ireland, Jersey and Guernsey may take up to 3 working days.
International deliveries are based on a number of factors, destination country, the number of items and the weight of the items you purchased. For estimated delivery times please refer to your shipping confirmation (allow 7-10 working days for delivery).
Please note, working days do not include weekends, Bank holidays or Public Holidays in the UK.
No duty applies to goods shipped within the European Union. Outside the EU any duty and customs costs appropriate to your country are not the responsibility of Xvavier LTD.
4.2 Returns, If you purchased the item within the UK and change your mind and decide the purchased item is unsuitable, please read the below policy and return within 28 days of receiving your order to the following address:
Xvavier LTD, 25 Penhurst Road, Ramsgate, CT11 8EG.
However, if your order was placed from outside of the UK please follow the below international returns policy.
UK CUSTOMERS RETURNING GOODS BY POST
Please contact email@example.com to arrange a return.
Ensure your goods are placed within a securely wrapped parcel. Please note your parcel is your responsibility until it reaches us, so we recommend using a registered or recorded postal service. However, you must cover all return postage costs.
Please allow up to 10 working days for your exchange or refund to be processed. During very busy periods this may take up to 14 working days, but we’ll make sure process it as quickly as possible.
Please note, this return procedure and policy are only relevant to online transactions and purchases.
All items must be returned to us in their original, pristine condition. Xvavier LTD reserves the rights to refuse a refund or exchange if the goods returned damaged or tampered with.
However, if you are returning the product because of an error on our part, Xvavier LTD will be happy to refund all costs associated in returning the item back to us, as well as your original postage costs.
Please note, Xvavier LTD will send email confirmation upon receipt of any product returns.
Xvavier LTD adhere to current distance selling regulations.
INTERNATIONAL CUSTOMERS RETURNS
If you would like to return or exchange an item, please email firstname.lastname@example.org in the first instance. Our customer services will email you a return authorization and advise you on how to arrange the return with our shipping partner.
If you cancel within 14 days of placing your order, we will refund the total value of your order, including the costs of delivery (except for any supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us), but excluding Duty. We will only refund return shipping costs in the instance of incorrect, damaged or faulty items. For all other returns, you will be responsible to the cost of returning the item(s) to us.
We adhere to all distant selling regulations
All queries should be emailed to us at email@example.com and are generally dealt with within 48 hours. If we need to investigate your query further we will advise you.
5. Payment Options
We currently accept the following methods of payment;
5.1, MasterCard, Visa, American Express
5.2, Visa Debit / Delta, Maestro, Solo, Visa Electron
6. Security & Data Protection
6.1 DATA PROTECTION
We are committed to protecting your privacy and the security of any information given to us in order for us to process your order.
6.2 OUR DATA PROTECTION POLICY
We do not gather or hold personal information about you unless you have given your express permission for us to do so. By placing an order, you will consent to the use of such personal information.
Any personal information held or processed will be kept up-to-date and will be destroyed as soon as the reason for its collection or processing has lapsed. No personal data about customers will be passed to any third party, except to fulfill the delivery of the goods to you, and as is necessary to process credit or debit card payments. Your privacy and confidence will be respected at all times.
6.3 SECURE SHOPPING
Our system is designed so that sensitive information about orders is never transmitted insecurely. We do not see your credit/debit card details as they are submitted to your bank to obtain payment using SSL encryption technology. Your information may be provided to third party service providers for the purpose of processing your offer to purchase the goods.
We may use your e-mail address to provide you with information on products, services, promotions and special offers where you have indicated that this is acceptable by signing up for the newsletter.
6.4 THIRD PARTIES
We will not sell or pass your details to third party organizations except for the purpose of processing your offer to purchase the goods.
By making an offer to purchase goods you consent to the information you provide to us being processed for any of the above purposes.
Cookies are small pieces of information that are sent from your browser to our web server. On this website cookies are used to keep track of the items you place in your shopping basket.
We do not store any personal information in the cookie; they are designed only to collect information of an anonymous nature. We will not combine such anonymous information with your personal details.
6.7 SUBJECT ACCESS REQUEST
On your written request, we will (within 40 days of such a request being received by us) supply to you details of the personal information that we hold about you. You must explain to us clearly the information you require to be supplied: we are not obliged to supply to you information that is not specifically requested by you.
Under the terms of the Data Protection Act 1998, we are entitled to charge you £10.00 for the provision of information following our receipt of such a request.
Once we have received your written request and payment of the fee, we will respond to your request within 40 days. You should note that, under certain circumstances, we are not obliged to disclose the requested information to you, in which case we will explain to you clearly the reasons for our refusal.
7. RIGHT TO CANCEL THIS AGREEMENT
Under the Distance Selling Regulations, you have 7 working days from the Commencement Date (known as “the cooling-off period”) in which to cancel your order if for any reason you are not happy with the goods that have been delivered to you. This cooling off period begins on the day after the day you receive the goods from us.
If you wish to cancel your order, you must notify us of this fact in writing and send your notification to us by e-mail or post. Full contact details are set out below.
If your notification of your wish to cancel or vary your order arrives with us after your order has been processed, picked and packed, it will be too late to prevent it being delivered and you will need to return it after delivery.
On cancellation, you must return the goods that we have delivered to you. On our receipt of the returned goods, we will exchange the goods or we will refund to you the price you paid for the goods. Unless you originally received substitute goods, you will be liable for the costs of returning the goods to us, and we will not reimburse you for this.
You should return such goods in accordance with our returns policy.
8. LIMITATION OF LIABILITY
THIS IS IMPORTANT: CLAUSE 8 CONTAINS PROVISIONS WHICH RESTRICT THE EXTENT TO WHICH WE ARE LIABLE TO YOU FOR ANY LOSS YOU MAY SUFFER IN CONNECTION WITH THE GOODS. PLEASE READ IT VERY CAREFULLY AND DO NOT MAKE AN OFFER TO PURCHASE THE GOODS UNLESS YOU ABSOLUTELY AGREE TO THIS CLAUSE.
8.1 Nothing in these terms and conditions is intended to exclude any provision of the Unfair Contract Terms Act 1977, or of the Unfair Terms in Consumer Contracts Regulations 1999, or of any other legislation designed to ensure that the rights of parties to a contract of the type of this agreement (i.e. standard terms and conditions which are not individually negotiated) are fairly balanced.
8.2 Subject to the aforesaid, we shall not be liable to you for any loss or damage unless such loss or damage arises as a direct result of our negligence, recklessness or willful misconduct, or fraud or misrepresentation on our part.
8.3 To the fullest extent permitted by applicable law, we disclaim all liability for our employees’ or sub-contractors’ negligence.
8.4 We may include links from time to time from our website to other sites. We have no control over the content of such sites and disclaim any liability in respect of your use of such sites.
8.5 All conditions, terms, representations and warranties relating to the goods that are not expressly stated in this agreement are hereby excluded to the fullest extent permitted by law.
8.6 Our total liability to you in respect of any claim by you arising out of, or in connection with, the provision (or the failure to provide) the goods shall be limited to the value of the goods supplied.
8.7 No claim by you against us shall be valid unless you have notified us of the details of the claim within 1 year of it arising.
8.8 Every provision of this clause 10 excluding or limiting liability shall be construed separately, applying and surviving even if for any reason any of these provisions is held inapplicable or unenforceable in any circumstances, and shall remain in force notwithstanding the expiry or termination of this agreement.
We have used reasonable care and skill in compiling the content of xvavier.co.uk but make no warranty, express or implied, as to the nature or accuracy of any material on the website and cannot accept liability for any particular material on the website or as a result of any use of or reliance placed upon information contained within the website. Although we make every effort to ensure complete accuracy, some prices or details shown on the website may change from time to time, and it is possible that errors will occur. We will rectify any errors as swiftly as possible.
10. CONTACT DETAILS
If you have any queries about these terms and conditions, or any other aspect of our website, or you have a complaint, you can phone us on +44 (0) 7710594840. Alternatively contact us at firstname.lastname@example.org or write to us at: Xvavier LTD, 25 Penhurst Road, CT11 8EG. We always respond to any communication as quickly as we can.
11. LAW & JURISDICTION
The Agreement shall be governed by and construed in accordance with English law and you agree to submit to the non-exclusive jurisdiction of the English courts. You are responsible for compliance with any applicable laws of the country from which you access our website.