D L Nightingale

Terms and Conditions

The terms are subject to change and revision. Please ask for current terms.

Account customers, subject to approval. We generally expect payment within 30 days. 
Late payment, over 30 days, is subject to 2% interest per month.
New customers will be expected to pay on completion of work. We may require part payment before work commences. 
Any parts supplied will be subject to a 20% admin charge. They will remain our property until payment is received in full. 
Software Design - any software designed by us is supplied as is. It comes with no guarentees, we will not be held responsible for any issues arrising from its use, you are responsible for making sure all your data is backed up. Timescales are subject to change without notice. 
Support we reserve the right to charge for phone support, at our discretion you may be charged. Generally this depends upon the length of the call. 
We do not guarentee that a site visit to sort a problem will result in a solution on that visit. It may be that new parts or software are needed and other visits are therefore necessary, obviously we will try to keep this to a minimum. 
We may send one of our associates, in times of peak demand and during holiday cover. 
If you supply parts that we have not recommended we reserve the right to refuse to work with such parts. Some low quality parts once setup can still cause issues, we would not want you complaining that we had set something up so why is it not working properly. 
We will charge you for all travelling and accomodation costs. We reserve the right to charge for meals. 
   
   General Terms And Conditions
 
 Definitions: In this agreement the terms have the following meanings: 
 (a) “The Client” means any person, company, partnership, organisation or body at whose application, D L Nightingale Ltd agrees to provide the products and/or services under the terms of the agreement.
 (b) “The Agreement” means the contract between D L Nightingale Ltd and the Client to which these conditions will apply. 
 (c) “The Order Form” mean the digital or printed document completed by the client in order to enter the Agreement.
 (d) “Order” is the request by the Client for products and/or services in the order form/agreement 
 (e) "Deliverables" are the outputs of services to be supplied under the agreement and shall include but are not limited to, all software and written material, including programs, tapes, listings and other programming documentation.
 
 Acceptance of Terms
 The following Terms and Conditions (“the Conditions”) are the terms on which D L Nightingale Ltd provides services and supersedes all other terms and conditions. D L Nightingale Ltd shall provide services to the Customer as described and specified in the proposal provided by D L Nightingale Ltd to the Customer.
 
 These Conditions shall be governed by the laws of England and Wales and the parties hereby submit to the non-exclusive jurisdiction of the Courts of England and Wales. The headings in these Conditions are inserted for convenience of reference only and are not intended to be part of, or to affect the meaning, or interpretation of any of the Conditions. 
 If any term or provision of these Conditions is held invalid illegal or unenforceable for any reason by any Court of competent jurisdiction, such provision shall be severed, and the remainder of the provisions shall continue in full force and effect.
 
 Scope
 This agreement shall apply to all goods and/or services ordered by the client from D L Nightingale Ltd
 
 Payment
 An upfront payment of 30% of the total fee is due with order, unless otherwise agreed, in which case payment is due upon completion of work. Whilst any payment due under the agreement remains outstanding, D L Nightingale Ltd shall be entitled at its sole and absolute discretion to withhold provision of any goods or services it would otherwise be obliged to provide under the agreement. All payments by cheque, bankers draft or money order must be made in pounds sterling. 
 
 Liability
 D L Nightingale Ltd hereby excludes itself, its Employees and or Agents from:- all and any liability for loss or damage caused by any inaccuracy; omission; delay or error, whether the result of negligence or other cause in the production of the database, website or other work; All and any liability for loss or damage to clients artwork/photos, supplied for the site or other work. Immaterial whether the loss or damage results from negligence or otherwise.
 
 General Disclaimer
 D L Nightingale Ltd disclaims all warranties, either express or implied, including the warranties or merchantability and fitness for a particular purpose. In no event shall D L Nightingale Ltd be liable for any damages whatsoever including direct, indirect, incidental, consequential, loss of business profits or special damages, even if D L Nightingale Ltd or third party agents have been advised of the possibility of such damages.
 
 Database and Web Services
 You shall keep secure any identification, password and other confidential information relating to your databases, servers and website accounts. You shall notify D L Nightingale Ltd immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.
 On reasonable notice to the Customer, D L Nightingale Ltd shall take any and all steps it determines to be necessary to maintain the Services, which may include (without limitation) altering or suspending Services during maintenance. D L Nightingale Ltd will try to ensure that such maintenance, alterations and suspensions to the Services occur outside of normal business hours. 
 
 In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years. 
 Provided that the Customers perform their obligations under these Conditions, D L Nightingale Ltd represents and warrants that the Services will be provided with reasonable skill and due care. D L Nightingale Ltd does not warrant that the operation of the Services will be uninterrupted, error-free or secure. D L Nightingale Ltd’s sole liability for any breach of this warranty shall be to re-perform the affected Services. In the event that D L Nightingale Ltd determines that re-performance is not commercially feasible, D L Nightingale Ltd may terminate this Agreement and will receive payment for the work to date on a pro-rata basis. What is or is not commercially feasible shall be in the sole discretion of D L Nightingale Ltd.
 
 Hosting
 This will be provided by the customer or a third party such as an ISP (Internet Service Provider
 The Customer shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
 While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or mis-routing of email or for any other failure of email.
 
 D L Nightingale Ltd will not be held responsible for any inaccuracies or errors, delays or unobtainability arising from the site or the host for any reason whatsoever. Any problems with the site must be reported as soon as possible and will be rectified as soon as practical. No responsibility will be accepted as to any losses or problems arising from the site for any reason unless specifically agreed beforehand.
 
 Domain Name Reservation Domain names are registered with the most suitable provider at the time. D L Nightingale Ltd reserve the right to register and host with the most suitable company. D L Nightingale Ltd assumed no responsibility whatsoever for any problems arising from these choices, and the site owner must abide by any such terms put forward by the host.
 All domain names remain the property of D L Nightingale Ltd until the balance on the customers account has been cleared in full.
 
 Website Design
 A payment of 25% of the initial quote is required as deposit on any commission, unless other wise agreed prior to beginning work. Deposits are non refundable. The remaining payment is payable on completion. 
 The remaining payment must be paid on time, in accordance with the invoice date. Failure to pay on time may result in interest being added to the amount owed, at an incremental daily rate. If a job extends for longer than the estimated times or develops in a way which increases costs or times-scales, then staggered payments may be implemented until completion.
 
 If after beginning work on an agreed quotation the user-requirements change, then these will be deemed new requirements and quoted for accordingly. Quotations provided will specify future development costs and ongoing costs, so that you can plan for future growth of the website.
 Prices quoted on the D L Nightingale Ltd website are subject to change and should be agreed at the time of contract. Following publication and payment, websites provided on a "design only" basis are property and responsibility of the client, unless otherwise specified. Websites provided on a 'design only' basis are the property and responsibility of the client following publication and payment, unless otherwise specified. 
 
 If an organisation ceases to trade after work has commenced, any outstanding balance must still be paid. Any errors or omissions on the Customer's part are not D L Nightingale Ltd’s responsibility and therefore D L Nightingale Ltd cannot be held in any way accountable.
 All work carried out and company requirements remain subject to client confidentiality. 
 The site design will be deemed to be complete when you agree to publication. The site will be published subject to payment as agreed in the contract, whether written or verbal.
 All original designs, artwork, original graphics and photography remain the sole property of D L Nightingale Ltd, and may not be used or reproduced by any means without prior consent. All offers are subject to contract.
 
 D L Nightingale Ltd reserve the right to add a link back to the D L Nightingale Ltd’s website. 
 D L Nightingale Ltd reserves the right to alter these terms without notice, and whilst every effort is made to be accurate and up-to-date, errors and omissions are excluded.
 
 Termination Provisions D L Nightingale Ltd reserves the right to suspend or terminate all or part of the Services with immediate effect, where there has been a breach by the Customer of these terms and conditions or failure to pay Charges outstanding. Either Party may terminate the Services with or without cause on giving 30 days written notice to the other. Termination of this agreement will be without prejudice to any accrued rights of either party.