Terms and Conditions
Definitions
The Client : The company or individual requesting the services of Cloud Construct Ltd.
Cloud Construct Ltd: Primary designer/site owner & employees or affiliates.
The website : Board Clever web based application
General
Cloud Construct Ltd will carry out work only where an agreement is provided either by email, telephone, mail or fax. An ‘order’ is deemed to be a written or verbal contract between Cloud Construct Ltd and the client; this includes telephone and email agreements.
Board Clever Service
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Cloud Construct Ltd cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of Cloud Construct Ltd. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Cloud Construct Ltd remain the copyright of Cloud Construct Ltd and may only be commercially reproduced or resold with the express permission of Cloud Construct Ltd.
Cloud Construct Ltd cannot take responsibility for any copyright infringements caused by materials submitted by the client or used by the client in the future on their website.
We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any coding additions to the website will be carried out at the discretion of Cloud Construct Ltd and may carry an additional cost (confirmed beforehand). Where no charge is made by Cloud Construct Ltd for such additions, Cloud Construct Ltd accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
Cloud Construct Ltd will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Cloud Construct Ltd will not be liable or become involved in any disputes between the client(s) and their customers and cannot be held responsible for any wrongdoing on the part of the client.
Cloud Construct Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
Cloud Construct Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
Cloud Construct Ltd will not be liable to the customer for any defect in product or service other than death or injury.
In no event shall Cloud ConstructLtd be liable for any direct, indirect, consequential, special and exemplary damages, or any damages whatsoever, stemming from the use or performance of a client website or from any information, products and services provided through client sites, even if this website has been advised of the possibility of such damages.
In the absence of any negligence or other breach of duty by us, your use of our client websites is entirely at your own risk.
If we are in breach of the arrangements under this agreement, we will not be responsible for any losses that you suffer as a result.
We do not have any liability of any sort (including liability for negligence) for the acts or omissions of providers of telecommunication services or for faults in or failures of their networks and equipment.
Warranty
Where “bugs”, errors or other issues are found Cloud Construct Ltd will endeavour to correct these issues to meet the standards of function outlined in the service description.
Compatibility
Cloud Construct Ltd will endeavour to ensure that the website will function correctly when viewed with current and leading web browsing software such as Edge, Chrome, Firefox and Safari. Cloud Construct Ltd can offer no guarantees of correct function with all browser software as they constantly change.
Website Hosting
Cloud Construct utilises 3rd party hosting company service, no guarantees can be made as to the availability or interruption of this service. Cloud Construct Ltd cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Cloud Construct Ltd reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate any website service we provide for clients should the necessity arise.
Payment of Accounts
Full setup costs are required before any work is carried out, payment for further work and renewals will be due on delivery or date of renewal. It is the Cloud ConstructLtd policy that any outstanding accounts for work carried out by Cloud Construct Ltd or its affiliates are required to be paid in full on presentation of the invoice unless by prior arrangement with Cloud Construct Ltd.
If accounts are not settled or Cloud Construct Ltd have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’s) being added to the clients credit rating.
Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
Your Privacy
We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.
It is the clients responsibility to ensure compliance with the Data Protection Act.