Xigen Ltd trading as BounceScan - the Company (us)
Client - the Customer
1 Price Variation Estimates are based on current costs of production and, unless otherwise agreed, are subject to amendment on or after acceptance to meet any rise or fall of such costs.
2 VAT Prices displayed on the website do not include VAT, unless stated otherwise. The right is reserved to charge the amount of any VAT payable, whether or not included on the estimate or invoice.
3 Liability The company shall not be liable for indirect or consequential loss, or for any loss to the customer arising from third party claims caused by errors in carrying out the work, or delay.
4 Default Account's unpaid 30 days from the date of invoice will be considered in default. Any artwork or printed material will remain the property of the Company and not be used for it's purpose. We will, at our discretion, remove website files from our web server and will not be held responsible for any loss of data incurred. Removal of such material does not relieve you of the obligation to pay any outstanding charges. Cheques returned by the bank as unpaid for any reason will attract a "returned cheque" charge of £25 and your account will immediately be considered to be in default until full payment is received. Customers with accounts in default agree to pay us reasonable expenses incurred by us in enforcing these Terms and Conditions, including but not limited to legal fees and costs for collection by third-party agencies.
5 Web Services
5.1 The Company specifically excludes any warranty as to the accuracy or quality of information received by any person via the Server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the Server.
5.2 You are responsible for sending mail in accordance with any relevant legislation (including data protection legislation) and for sending the same in a secure manner. We will take all reasonable steps to ensure accurate and prompt routing of messages but we will not accept any liability for non-receipt or misquoting or any other failure of email.
5.3 You warrant, undertake and agree that you will keep secure any identification, password and other confidential information relating to your account and you will notify us immediately of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password information.
5.4 Whilst we shall use reasonable endeavours to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers.
6 Illegal matter
(a) The Company shall not be required to use any matter which, in our opinion, is or may be illegal, or of a libellous nature, or an infringement of the proprietary or other rights of a third party. (b) The Company shall be indemnified by the Customer in respect of any claims, costs and expenses arising out of any libellous matter, or any infringement of copyright, patent, design or of any proprietary or personal rights contained in any material printed or produced for the internet for the Customer. The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claim.
7 Force majeure
The company shall be under no liability if unable to carry out the provisions of the contract for any reason beyond our control, including (without limiting the foregoing) Act of God, fire, flood, drought, legislation, war, lock-out, strike or any other action taken by employees, or inability to procure materials required for the performance of the contract. During such a contingency, the Customer may, by written notice to the Company, elect to terminate the contract and pay for materials used and work done. Subject to thereto, the Customer shall otherwise accept delivery when available.