Terms & Conditions

Website Usage Terms

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern PCT Global Ltd's relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term 'PCT Global Ltd' or 'us' or 'we' refers to the owner of the website whose registered office is Paragon House, 144 Pennant Road, Llanelli, SA14 8HN. Our company registration number is 6448833 registered in Wales and England. The term 'you' refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • This website uses cookies to monitor browsing preferences.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

Website Disclaimer

The information contained in this website is for general information purposes only. The information is provided by PCT Global Ltd and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of PCT Global Ltd. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, PCT Global Ltd takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

 

Terms and Condition for IT Services

By placing an order or placing a deposit with PCT Global Ltd, you confirm that you are in agreement with and bound by the terms and conditions below.

1. Definitions:

1.1 "The Client" The company or individual requesting the services of PCT Global Ltd.

1.2 "PCT Global Ltd" Primary designer/site owner & employees or affiliates.

1.3 "Commencement Date" means the commencement date as set out in the Proposal, and if there is none, the date on which the Company begins to provide Services to the Client;

1.4 "Initial Period" means the initial period during which the contract term cannot be terminated which, if applicable, will be set out in the Specification;

1.5 "Services" means the services that the Company supplies to the Client under these terms and conditions;

1.6 "Software" means the software program(s) (if any) to be developed or provided by the Company as part of or incidental to the provision of the Services;

1.7 "Project" means the written project agreed between the parties describing the Services

1.8 "Term" means the duration of the contract between the Company and the Client which shall begin on the Commencement Date and continue until terminated in accordance with these terms and conditions;

1.9 "Web Design Project" means the Services (where applicable) to be provided by the Company to the Client relating to web design;

1.10 "Web Design Fee" means the fee payable (where applicable) by the Client to the Company for completion of the Web Design Project.

2. Ordering

2.1 PCT Global Ltd will carry out work only where an agreement is provided either by email, telephone, mail or fax. PCT Global Ltd will carry out work only for clients who are 18 years of age or above.

2.2 An 'order' is deemed to be a written or verbal contract between PCT Global Ltd and the client, this includes telephone and email agreements.


3. IT Support, Maintenance and Services

3.1 Pricing for maintenance or repairs that are not covered under a maintenance agreement will be billed on a time and materials (T&M) basis as follows:

Service Time With Maintenance Contract Without Maintenance Contract
Mon - Fri / 8:30am - 5pm £50 per hour £75 per hour
After Hours & Saturdays £65 per hour £90 per hour
Sundays & Holidays £90 per hour £115 per hour

3.2 Any work which requires a technical dispatch to the customer site will incur a minimum of 1billable hour (per trip).

3.3 Holidays are defined as any bank holidays or any announced special bank holidays.

3.4 Standard (unscheduled) service hours are Monday through Friday from 8:30 am to 5:00 pm GMT (except holidays).

3.5 Service calls placed after 3:00 PM may be responded to the following business day, but will still fall within the minimum response time frame.

PARTS AND AVAILABILITY

3.6 Parts required for replacement will be provided and charged at PCT Global Ltd standard pricing. All parts purchased from PCT Global Ltd will carry a manufacturer's warranty. PCT Global Ltd will provide installation services for additional parts purchased by the Customer from other sources, without warranty from PCT Global Ltd on the part. " Parts" are defined as components, such as, but not restricted to the following items: CPU's, motherboards, floppy drives, hard drives, memory, video cards, network interface cards, keyboards, mouse, trackballs, monitors, power supplies, CD- ROMs, sound cards, cables, routers, hubs, modems, bridges and switches.

ADDITIONAL SERVICE

3.7 Each time a service call is made, the work to be performed must be indicated upon the initial request for service. Each subsequent service request must be documented as an additional service call and must be scheduled according to the response times in your agreement. A service manager must authorise any additional work requested at the time technician arrives on site.

DEPLETION OF SERVICE PLAN AND AUTOMATIC RENEWAL

3.8 If at any time during a Service Call, our technical engineer exceeds the service plan the Client shall pay to PCT Global Ltd their non-contract rate.

UNUSED TIME

3.9 If the Client does not deplete its Service Plan by the end of the Term, any time remaining in the Plan may be applied to a new Service Plan, provided that the Client chooses a Service Plan of equal or greater value.

RECURRING CONDITION

3.10 If the Client notifies PCT Global Ltd within two days of a service call that the problem for which that service call was made has reoccurred, PCT Global Ltd will evaluate the problem at no charge to the Client. Upon evaluation, PCT Global Ltd reserves the right to repair the problem at no charge to the Client, unless PCT Global Ltd determines that the problem recurred because alterations were made or instructions were not followed by the Client, their agents, representatives, or employees. In that case, service will be charged against the time remaining in the Service Plan. For the purpose of this paragraph, alterations are defined as: any software download from the Internet, including but not limited to: Java and Active X executables, whether intentional or not; physical damage; physical entry into a computer; connection or disconnection of any cables, component or peripheral; and/or any other changes made by the Client or its agents, employees, contractors, licensees or invitees that actually caused the condition to recur.

SOFTWARE

3.11 PCT Global Ltd does not manufacture software PCT Global Ltd will install software purchased by the Client and will contact the software manufacturer, if necessary, in an effort to resolve "bugs" or compatibility issues in the software - however, PCT Global Ltd disclaims all liability for the failure of any software, (whether installed by PCT Global Ltd) to work properly, or for its intended purpose on the Client's network or on any individual computer of the Client.

LOSS OF DATA

3.12 The Client represents that it has established and regularly follows procedures for fail-safe backup of the Client's data. The Client further explicitly agrees that PCT Global Ltd shall not be responsible for the integrity or existence of any data on the Client's network or any individual computer of the Client; and that the Client will indemnify, defend and hold harmless PCT Global Ltd for the corruption or loss of any data of the Client, or of any their parties, whether or not caused by the negligent or intentional conduct of PCT Global Ltd.

INCIDENTAL AND CONSEQUENTIAL DAMAGE

3.13 The Client explicitly agrees that PCT Global Ltd shall not be responsible for incidental or consequential damages arising from the Client's inability to use its network or any individual computer during any service call made by PCT Global Ltd or for any loss suffered by the Client as a result of any subsequent equipment failure, without limitation.

INDEMNIFICATION

3.14 In addition to, and not in limitation of, disclaimers of liability made by PCT Global Ltd for hardware and software damage in any other portion of this agreement, for any hardware or software failure for which a Service Call is made by the Client to PCT Global Ltd, which failure has the effect of causing loss to any third party, whether or not by delay, loss or corruption of data, loss or benefit of any contracts, or any other loss, the Client shall indemnify, defend and hold free and harmless PCT Global Ltd from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including, without limitation, sums paid in private rights of action or in settlement of claims, legal fees, consultant fees and expert fees) which arise during or after the Term as a result of such failure.

CLIENT'S INSURANCE

3.15 The Client represents that it has procured and maintains a policy or policies of insurance in the amount equal to one hundred percent of the full insurance replacement value, without regard to devaluation for technology advances, of all computer hardware and software on the premises of the Client. Although PCT Global Ltd will take commercially responsible measures to avoid any activity that would jeopardize or conflict with said insurance coverage maintained by Client or cause the premium charged to the Client to increase, PCT Global Ltd shall not be responsible for damage to any of the Client's computer equipment or data.

FAILURE OF FUNDS

3.16 Failure to fund a contract within the approved account terms or date designated by contract will result in acceleration of payments remaining on the contract as due immediately. Failure to fund a contract at any time during the contract period will result in a suspension of service until all amounts due or the Client account is brought current within the stated terms.

COLLECTION OF PAYMENT

3.17 With respect to any action by PCT Global Ltd to collect payment due under this Agreement, the Client agrees to pay all costs of such collection, without limitation, costs of suit, expenses, and reasonable solicitor's fees.

NON‐SOLICITATION AGREEMENT

3.18 During the term of this Agreement and for a period of one year thereafter, the parties agree not to hire, solicit, or attempt to solicit, whether directly or indirectly, the services of any employee, consultant, or subcontractor of the other party without the prior written consent of that party. Violation of this provision shall, in addition to other relief, require the breaching party to compensate the non-breach in party with 150 percent of the solicited person's annual compensation.

4. Payment of Accounts

4.1 A deposit is required from any client before any work is carried out. It is the PCT Global Ltd policy that any outstanding accounts for work carried out by PCT Global Ltd or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with PCT Global Ltd.

4.2 Once a deposit is paid and within a month of the deposit paid or work is completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

4.3 If accounts are not settled or PCT Global 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 judgments (ccj's) being added to the clients credit rating.

4.4 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.

5. Your Privacy

5.1 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 or with offers or promotions that we feel that maybe of interest to you.

6. Complaints Procedure

6.1 Informal procedure - Anyone who experiences a problem with their web service provided by PCT Global Ltd should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as a url) and clearly outlining the grounds for complaint. PCT Global Ltd will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

6.2 Formal complaints procedure - The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure. A formal complaint should be made in writing to PCT Global Ltd, who will acknowledge receipt and ensure that the matter is looked into as soon as possible. An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.

 

 

Terms and Condition for Website Development

By placing an order or placing a deposit with PCT Global Ltd, you confirm that you are in agreement with and bound by the terms and conditions below.


1. DEFINITIONS

The following terms and conditions document is a legal agreement between PCT Global Ltd hereafter the "Company" and "Client" for the purposes of web site design or development. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.

When references are made to 'Developer' this refers to the person who is directly creating the website.

2. ACCEPTANCE OF WORK

Quotations are valid for 14 days from date of issue.

When the Client places an order to purchase any web site services from the Company, the order represents an offer to the Company to purchase the web site services which is accepted by the Company only when an invoice is sent to the Client. No contract for the supply of services exists between Client and the Company until the Company sends an invoice to the Client for payment. The invoice equals acceptance by the Company (or third party supplier) of Clients offer to purchase services from the Company and this acceptance of work is a valid contract between Client and Company regardless of whether Client receives the invoice.

Any other services on the order which have not been included in the invoice do not form part of the contract. The Client agrees to check the details of the invoice are correct and should print and keep a copy for their records.

The Company reserves the right to withdraw from contract at any time prior to acceptance.

3. PERMISSION AND COPYRIGHT

All pages, images, text and code on the Company's web site at http://www.paragon.company are copyrighted material.

Clients and any other visitors to the Company's web site at http://www.embertech.co.uk/ may not use any of the pages, images, text or code on the web site for use on Client's or visitors own web site or to create a web site or templates without prior written permission from the Company.

Copyright of the completed web designs, images, pages, code and source files created by the Company for the project shall be with the Client upon cleared funds of final payment only and by prior written agreement. Without agreement, ownership of designs and all code is with the Company.

Where the Client has chosen to pay on any payment plan for site design services, including site maintenance, the copyright of the completed web design(s), images, pages, code and source files created by the Company for the project shall be with the Client after a the invoice total amount has been received by the Company, or equivalent cash lump sum payment has been made, and by prior written agreement. Without agreement, ownership of designs and all code is with the Company.

These terms of use grant a non-exclusive limited license so that the Client can use the design on one web site on one domain name only. The Client is not permitted to use a design for more than one website without prior written agreement between the Client and the Company.

The Client agrees that resale or distribution of the completed files in full or in part is forbidden unless prior written agreement is made between the Client and the Company.

The Client hereby agrees that all media and content made available to the Company for use in the project are either owned by the Client or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend the Company from any claim or suit that may arise as a result of using the supplied media and content.

Client agrees that the Company may include development credits and links within any code the Company designs, builds or amends.

Client agrees that the Company reserves the right to include any work done for the Client in a portfolio of work.

The Company may use any Development work provided to the Client for similar projects.

PCT Global Ltd are an ethical company and, it may occur from time to time that the Company are approached by two companies in the same service sector, in the same geographic location. If such as case arises, the Company agree they will notify each respective client and advise of a possible conflict of interest, and negotiate a suitable outcome for all parties concerned.

Any deviation from these general terms of engagement are to be laid out in a special instruction document and duly signed by both the Company and the Client prior to commencement of any scope of works.

4. MATERIAL

The Company reserves the right in its sole discretion to refuse to sell design or code to a Client who has a site which it deems is, including but not limited to, unlawful or inappropriate, contains a virus or hostile program, constitutes harassment, racism, violence, obscenity, harmful intent, spamming, contains adult content, commits a criminal offence, infringes privacy or copyright or any other questionable media at the Company's own discretion. The Company reserves the right to refuse to sell design or code to those thought or known as competitors of the Company. The Client may not purchase design or code for use in development of their own product to directly compete with the Company's design or code. The Company reserves the right to refuse sale for orders from suspect payment or address details or other reason at the Company's own discretion. The Company reserves the right without notice to cancel, reject, refuse sale to or work with a Client without reason for such rejection or refusal.

5. DOMAIN NAMES AND HOSTING

5.1 The Company's Hosting and Domains

5.1.1 Hosting

The Company hosting is provided through Siteground.com Inc as a reseller. The Client agrees to comply with the Siteground.com Inc terms and conditions of use of the web hosting and email services provided through the Company.

The Company agree to maintain the hosting account supplied by Siteground.com Inc, in as much as space, email addresses and resource add on's and user permissions, but cannot be held accountable or responsible for any outages of services due to technical problems arising at Siteground.com Inc.

The Client agrees to maintain the agreed payment relationship for their selected hosting account with the Company, and should payment not be made on time and in full, the Company reserves the right to withdraw the facility until such time as the client's account is brought up to date, whereby service will be resumed. The Company will not be liable for any loss of business arising to the Client as a result of any downtime caused by the Client's non-payment of service.

The Company agree to supply, on written request, the control panel log in details for their designated hosting account. Upon receiving the username and password for the control panel log in area, they Client has the availability to make changes to their hosting and the Company cannot be held responsible for any errors made by the client if making any changes themselves. If the Client causes errors on their website as a result of making their own changes to the control panel, the Company reserves the right to charge for any work involved to correct the errors.

5.1.2 Domain Names

When requested, the company will purchase on request, the required domain name on behalf of the client. The Client is responsible for checking the accuracy of the domain name prior to purchase, and will confirm such in writing by email, prior to the order being placed.

The Client does not hold the Company responsible for any errors or omissions made by the Client and the Client's confirmation email is final. Refunds cannot be made by the Company, after the domain has been purchased on behalf of the Client.

5.2 3rd Party Hosting and Domains

Client agrees to take all legal responsibility for use of third party domain name, hosting and email services and hereby agrees to indemnify and hold harmless the Company from any claim resulting from the Client's publication of material and use of the domain name, hosting and email services. Any support or payment due relating to the domain name, hosting and email services are to be made between the Client and the third party service.

Client agrees to pass on FTP details and any other access details relating to their domain name and hosting account which the Developer requires to upload the web site if required as part of a project.

The Company reserves the right without notice to refuse work with domain names or hosting and email services without reason for such rejection or refusal.

6. PROJECTS

PCT Global Ltd will provide the Client with a scope of works, which will detail what is covered by the price quoted and agreed, as well as start date, content submission required date and a completion date. Any changes to the scope of works after the agreement will need to be submitted by emailing This email address is being protected from spambots. You need JavaScript enabled to view it.

If the Client fails to provide the necessary content within the agreed time slot the Developer will commence using stock photos and sample text and continue to publish on the agreed completion date, until such time as the content is provided. Content provided after the required submission date will need to be re-scheduled in to the diary in-between other client project as deemed appropriate.

The Client agrees that a webpage built from a graphic design may not exactly match an original design specification because of the difference between the display in design software and the rendering of the code by internet browser software. The Company agrees to try and match the design as closely as is possible when building the code.

The Company endeavors' to create pages that are search engine friendly, however, the Company gives no guarantee that the site will become listed with search engines or of certain search results unless agreed at the time of purchase. In no event shall the Company be held liable for any changes in search engine rankings as a result of using the Company's code.

If an error or issue with the design or code arises during the project which does not allow the design or code to match the original specification, then Client agrees that the Company can apply a nearest available alternative solution.

After site completion, a Client or a third party of their choosing may wish to edit their web site code themselves to make updates. However, the Client agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the code themselves. If a Client or a third party of their choosing edits the web site code and this results in functionality errors or the page displaying incorrectly, then the Company reserves the right to quote for work to repair the web site.

The Company reserves the right to assign subcontractors in whole or as part of a project if needed.

The use of a 3rd Party or the client making changes to the website at any point without the company's express written permission is forbidden and in doing so results a breach of these terms. The company reserves the right to charge for repair work or refuse to repair at the company's discretion. Any fees paid should this occur are not refundable.

The Client agrees that it is their responsibility to have regular backups of their website and software made by themselves or third party services in case of a software or hardware failure. The Client may request in writing that the Company perform the said backup of their system and the company reserve the right to charge for this service.

All communications between the Developer and Client shall be by, email or Skype chat, except where agreed at Developer's discretion. Communications with the Company in general may be by telephone, email, Skype or postal mail.

7. WEB BROWSERS

The Company shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the main browsers Internet Explorer, Mozilla Firefox and Chrome latest releases. The Client agrees that the Company cannot guarantee correct functionality with all browser software across different operating systems.

The Client agrees that after handover of files any updated software versions of the main browsers Internet Explorer and Mozilla Firefox, domain name setup changes or hosting setup changes thereafter may affect the functionality and display of their web site. As such, the Company reserves the right to quote for any work involved in changing the web site design or web site code for it to work with updated browser software, domain name or hosting changes.

8. PAYMENT TERMS

All invoices that do not qualify for monthly installments require a 50% deposit in advance, to allow the Developer to commence work. The remaining 50% of the invoice is to be paid on the date of completion. Any variation to these standard terms must be agreed in writing by both parties prior to commencement of work. Final payment by the client of a project invoice will constitute the acceptance of a completed project.

Additional work requested by the Client which is not specified in the agreed quotation are subject to a separate quotation and the Company reserves the right whether to quote or accept additional work. If additional work is accepted by the Company, it may affect the timescale and overall delivery time of the project. The Client agrees that if additional work is requested after commencement of a project, then the project delivery date may need to be adjusted accordingly.

Once an invoice is sent to the Client it must be paid either by, cash in hand, bank transfer, cheque made payable to "PCT Global Ltd" and sent with proof of posting to the Company's main postal address, or paid using any major credit card in person, details of which will be provided to the Client upon request.

The Company reserves the right to decline further work on a project if there are invoices outstanding with the Client.

The Client may request that the Company cancel a project in writing by email to This email address is being protected from spambots. You need JavaScript enabled to view it. or postal mail addressed to the Web Development Team Manager and the project is cancelled only if the Web Development Team Manager confirms work has not been started on the project. If the Developer has begun or completed the work and the Client no longer requires the files but have agreed to the work, they are still obliged to pay the Company for the work that has been carried out already.

All invoices are submitted by email except where required otherwise by regulations or agreed at the Company's discretion.

The Company reserves the right to remove its work for a Client from the Internet if payments are not received and charges will be incurred to restore if the Client chooses to re-activate at a later date.

9. LIABILITY AND WARRANTY DISCLAIMER

The Company provides their web site and the contents thereof on an "as is" basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose. The Company cannot

guarantee the functionality or operations of their web site or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.

The Company endeavors to provide a web site within given delivery timescales to the best of its ability. However, the Client agrees that the Company is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale.

The Client agrees the Company is not liable for absence of service as a result of illness or holiday.

The Client agrees the Company is not liable for any failure to carry out services for reasons beyond its control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.

The Company is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.

On handover of files from the Company to the Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.

Whilst every effort is made to make sure files are error free, the Company cannot guarantee that the display or functionality of the web design or the web site will be uninterrupted or error free. If after handover of files errors are found in code the Developer has created and the main browsers Internet Explorer, Google Chrome, Mozilla Firefox, domain name setup and hosting setup are the same as when work began, then Developer can correct these errors for the Client at its own discretion.

If after handover of files errors are found in code the Developer has created and the main browsers Internet Explorer, Google Chrome, Mozilla Firefox have released an updated software version, or the domain name setup or hosting setup has been changed, the Developer can correct errors for the Client free of charge and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name setup or hosting setup.

Should the Client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, the Company reserves the right to cancel forthwith any projects and invoice Client for any work completed.

The Company shall have no liability to the Client or any third parties for any damages, including but not limited to, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or web site, even if the Company has been advised of the possibility of such damages.

There are laws and taxes which affect Internet ecommerce. The Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend the Company and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client's exercise of Internet ecommerce.

The Company may from time to time recommend to the Client that updates are needed to their site to comply with, including but not limited to, new legislations, software releases and web standards. The Company reserves the right to quote for any updates as separate work. Client agrees the Company is not liable for any failure to inform or implement these updates to their site. Client agrees that it shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.

10. INDEMNIFICATION

The Client agrees to use all the Company services and facilities at their own risk and agree to defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, costs, losses and claims including but not limited to attorney's fees against the Company or its associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties. Client agrees this indemnification extends to all aspects of the project, including but not limited to web site content and choice of domain name.

Client also agrees to defend, indemnify and hold harmless the Company against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the Client or third parties, including but not limited to, infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which is harmful to any person, business, company or organisation.

11. NONDISCLOSURE

The Company and any third party associates agrees that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information about the Company to another party.

12. PRIVACY POLICY

The Company and any third party associates shall use information provided by the Client in relation to this agreement in accordance with the Data Protection Act 1998 and also for the following purposes 1) to identify the Client in communications with them 2) to contact the Client from time to time to offer them services or products which may be of interest to or benefit the Client.

13. INTERPRETATION

The Company reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these terms and conditions. The Company shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation.

This agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.

Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.

Any and all matters pursuant to this agreement are governed by English Law and are under exclusive jurisdiction of the English/Welsh Courts.

The Company reserves the right to alter these Terms and Conditions at any time without prior notice, the latest terms and conditions can be found at the Company's web site at http://www.paragon.company.

By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.

 

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