These terms and conditions apply to RA Photography Limited, RA Photography Limited trading as RA Creative Solutions. Please ensure you read and understand the following terms and under no circumstance purchase or utilise any products or services from RA Photography Limited if you do not agree.vir
Trading address:
RA Photography Limited
28 The Halfcroft
High Street
Syston
Leicester
LE7 1LD
SERVICES
RA Photography Limited shall provide all Services using all reasonable care and skill subject to payment by the Client of all amounts payable hereunder on the dates specified herein or on the Application.
The Client shall do all things and provide all such information as is reasonably required by RA Photography Limited to provide the Services in accordance with these Terms and Conditions.
DATA BACKUP
Whilst RA Photography Limited shall use its reasonable endeavours to ensure that backup copies of all Websites and artwork files for Clients are made at reasonable intervals, the Client shall be solely responsible for the backup of such data and RA Photography Limited shall not be liable for any damages, loss, costs or other expenses arising out of or in connection with any loss of data by the Client which are due to the failure of the Client or RA Photography Limited to back up such data.
PAYMENT
Our tems for account customers is strictly 30 days; non account customers must make full payment before receiving the goods. If the Client is overdue with any payments hereunder, then without prejudice to RA Photography Limited's other rights and remedies the Client shall be liable to pay to RA Photography Limited a flat fee of £15 for each correspondence as well as interest on the amount payable at an annual rate of 5% above the prevailing base rate of NATWEST Plc, which interest shall accrue on a daily basis from the date payment becomes overdue until RA Photography Limited has received payment of the overdue amount together with all interest.
RA PHOTOGRAPHY LIMITED's LIABILITY
RA Photography Limited's maximum liability under or in connection with any Agreement, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed the fees payable by the Client in respect of the Services under the relevant Agreement.
Subject to the above Clause RA Photography Limited shall not be liable under or in connection with these Terms and Conditions or any collateral contract for any loss of income, loss of data, loss of anticipated savings, loss of profits or contracts or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
INTELLECTUAL PROPERTY RIGHTS
The Client warrants that it has obtained for itself and for RA Photography Limited all necessary consents, approvals and licenses for use of the website, website images, artwork images, text, photography and any further information supplied, including keywords.
In the event that the use of the Content infringes the intellectual property rights of any third party, the Client will immediately replace the infringing part at its own expense with non-infringing material.
The Client agrees to indemnify and keep RA Photography Limited indemnified and defend it at its own expense from and against:-
Any and all claims that the Content or any act or omission by the Client, its employees, agents and representatives infringes any copyright, trademark or other intellectual property rights of any third party;
Any infringement by the Client, its employees, agents and representatives of RA Photography Limited's intellectual property rights howsoever arising and shall compensate RA Photography Limited for any loss, damages and other expenses arising out of or in connection with such infringement.
FORCE MAJEURE
Neither party shall be liable for any delay in performing or failure to perform its obligations hereunder to the extent that and for so long as the delay or failure results from any cause or circumstance whatsoever beyond its reasonable control (an "event of force majeure"),
REFUNDS AND TERMINATION
Unless explicitly detailed in the individual product sections, refunds will only be given if either the product or service is found to be at fault or is significantly different from the product or service purchased.
The termination of any Agreement (for whatever reason) shall not affect the respective rights and liabilities of each of the parties accrued prior to such termination.
Consequences Of Termination
Upon the termination of any Agreement for any reason whatsoever:-
RA Photography Limited may cease to promote the Web Site with immediate effect; and each party shall on request promptly return any documents or papers relating to the business of the other party (including any of the other party's Confidential Information) which it then has in its possession or control.
Please see the sections below, for details on product/service specific cancellation terms.
Domain Name Registration Cancellation Terms
Once an order has been placed, or client confirmation signed, an order for Domain Registration can be cancelled, however no refund will be made due to the registration fees incurred from the Registration bodies at the point of registration.
Please see the sections below, for details on product/service specific cancellation terms.
Cancellation Terms
If you take out one of yearly packages we expect you to commit for this period of time. If you cancel your account within your service period then RA Photography Limited will not make any refunds on any unused portions of your account. While we do not offer you have no obligation to continue using our service.
COMPLAINTS
We want you to be satisfied with every product that we supply you with, in unlikely event of any problem please don't hesitate to contact us for assistance. We endeavour to reply to all enquiries or complaints within 48 hours. Our aim is to resolve any complaints within 5 working days and during this process we will ensure you are kept fully informed at all stages.
DATA PROTECTION ACT
Each party shall for the duration of any agreement governed by these Terms and Conditions comply with the provisions of the Data Protection Act 1998, (including the data protection principles set out in that Act) and any similar or analogous laws, regulatory requirements or codes of practice governing the use, storage or transmission of personal data and shall not permit anything to be done which might cause or otherwise result in a breach by either party of the same.
FURTHER INFORMATION
The following are sections specific to the individual products and services, please read and ensure you understand the section applicable to the product/s and/or service/s that you are purchasing.
Domain Names
All .uk domains are subject to the terms and conditions as set out by Nominet UK at http://www.nominet.org.uk/nominet-terms
Search Engine Promotion
Any Agreement shall commence on the date of acceptance by RA Photography Limited of the Application by the Client and shall continue for an initial period of 12 months and annually thereafter unless and until terminated by either party on giving to the other 30 days written notice such notice to expire no earlier than the end of the initial period.
The Client may be charged a nominal fee if the Client or any person acting on the Client's behalf overwrites the work carried out by RA Photography Limited.
Hosting
The hosting of any Adult material is subject to prior written acceptance from RA Photography Limited and the customer site displaying Adult material must display the following text:
--"Warning: This site contains items of an adult nature; DO NOT ENTER this site if you are under the age of 18. The ISP hosting any content on this site takes NO responsibility for the way in which you use the information provided on this site. The content of this site is in no way reflective of the views of the web provider (ISP) and the web provider is in no way responsible for anything found within this site."--
We do not allow Warez, illegal MP3 Sites or IRC Bots.
You may not store more data in your account than your allotted server space.
Your server (inc FTP access) is for your personal use only. You must not divulge the password to any other person, and you should take reasonable precautions to ensure that it is not discovered by any other person.
You may not run server processes (eg. talkers/IRC Bots) from your server.
We shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services.
When your account is closed, all files (including web pages, etc.) will be deleted.
We reserve the right to cancel your account at any time without notice.
Users must not participate in any form of un-solicited bulk e-mailing or spam.
You must not attempt to gain the privileges of another user.
Bandwidth
If your bandwidth reaches the points where it has an adverse affect on other clients we reserve the right to disable your site until you can reduce your bandwidth usage.
Each server includes a nominated amount of bandwidth, if you use more than this amount then you agree to pay for this bandwidth at a rate of 5p (five pence) per 1 MB.
Web Pages
Commercial use of Web and FTP space is permitted.
You will be responsible for the content of your pages, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate UK law.
You will be held responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via your page(s).
We reserve the right to remove material deemed inappropriate from your web pages, without prior notice.
Proofs and Printing
RA Photography Limited always recommend an accurate colour proof before any printing work, if the client chooses not to have a proof responsibility for any errors whatsoever will remain with the client. Once a proof has been signed off, any printing errors will remain with the client.
RA Photography Limited accept no responsibility for any incorrect printing, due to typing errors, quality of images supplied,
Colour Accuracy (Printing)
RA Photography Limited will try and achieve the most colour accurate result possible, however the client must be aware that to reproduce some colour combinations may result in unpredictable results.
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