Telephone : 02476 46 5959
E-mail : ContactUs@TalkingComs.net
Legal information
Web site terms and conditions
LEGAL DISCLAIMER
1. Unless otherwise specified, the information on this website is directed solely at those who access this website from the UK mainland.
2. TalkingComs Limited has taken every care in the preparation of the content of this website. To the extent permitted by applicable law, TalkingComs Limited disclaims all warranties express or implied, as to the accuracy of the information contained in this website.
3. TalkingComs Limited shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials in this website.
4. Certain (hypertext) links in this site will lead to website's that are not under the control of TalkingComs Limited. When you activate any of these links you will leave TalkingComs Limited's website and TalkingComs Limited will accept no responsibility or liability in respect of the material on any website that is not under the control of TalkingComs Limited.
5. These exclusions of liability shall not apply to any damages arising from death or personal injury caused by the negligence of TalkingComs Limited or any of its employees.
These disclaimers and exclusions shall be governed by and construed in accordance with English Law. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
WEB SITE COPYRIGHT
Copyright (c) 2006 TalkingComs Ltd - All rights reserved. These materials unless otherwise stated (including without limitation all articles, text, images, logos, compilation, and design) are Copyright (c) 2006 TalkingComs Ltd . All rights reserved. TalkingComs Ltd materials may be copied and distributed on a limited basis for non-commercial purposes only, provided that any material copied remains intact and that all copies include the following notice in a clearly visible position: "Copyright (c) 2006 TalkingComs Ltd . All rights reserved." These materials may not be copied or redistributed for commercial purposes or for compensation of any kind without prior written permission from TalkingComs Ltd If you have questions about these please contact us via e-mail to ContactUs@TalkingComs.net
PRIVACY POLICY
We are committed to keeping your details private and only collecting and using information in accordance with our Data Protection Act. We do not release your details to third parties save as required by law. We will take appropriate steps to protect your privacy. Whenever you provide sensitive information (for example, a credit card number to make a purchase), we will take reasonable steps to protect it, such as encrypting your card number. We will also take reasonable security measures to protect your personal information in storage. Credit card numbers are used only for payment processing and are not retained for marketing purposes.
Your right to privacy is very important. We recognise that when you choose to provide us with information about yourself, you trust us to act in a responsible manner. We believe this information should only be used to help us provide you with better service. That's why we have put a policy in place to protect your personal information.
INFORMATION COLLECTED
We use your IP address to help diagnose problems with our server, and to administer our Web site. We use cookies to deliver content specific to your interests and to save your password so you don't have to re-enter it each time you visit our site. In addition, our web servers track information about the visits to our websites. For example, we compile statistics that show the daily number of visitors to our sites, the daily requests we receive for particular files on our websites, and what countries those requests come from. These aggregated statistics are used internally to better provide services to the public and may also be provided to others, but again, the statistics contain no personal information and cannot be used to gather such information.
Our site's forms requires users to give us contact information (like their name and e-mail address), a contact name, and demographic information (like their post code, age group). We use customer contact information from the form to send the user information about our company and promotional material. The customer's contact information is also used to contact the visitor when necessary
We will not disclose customer name, addresses, or account information to unaffiliated parties, other than:
where the customer requests or consents to disclosure
where we are legally required to do so (e.g. in response to a court or fraud investigation)
where we have agreed to provide information under negotiated contracts and where the customer has been informed about the possibility of sharing information for marketing or other similar purposes through a prior direct communication and the customer has been given the reasonable opportunity and time to decline.
SECURITY POLICY
For your benefit, we have made arrangements for all credit card transactions to be handled through a secure web server. This may be an overseas-sited server. Your credit card details are not held in a readable form on our web site which reduces the possibility of any unauthorised person learning Your details while they are being transmitted on the Internet.Every time You make an order from us You will need to insert Your credit card details because we do not store card details.
CONTACTING US
TalkingComs Ltd believes that protecting each person's right to privacy is fundamental to the quality of customer relationships. If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: ContactUs@TalkingComs.net
GOVERNING LAW AND VENUE
This Agreement shall be interpreted, construed and governed by the laws England.
We reserve the right to change these Terms and Conditions of Use, the Privacy Policy, prices, information and terms featured on this website without notice. These conditions set out the entire agreement between TalkingComs Ltd and you relating to your use of this website.
Business terms and conditions
1.GENERAL
1.1 “The company” is defined as “TalkingComs Limited”, a company situate in England.
1.2 “The client” is the person, partnership or company contracting with the company for the creation of web services, technology consultancy and representation.
1.3 “The services” are any services supplied, the web pages and services created for the client by the company.
1.4 “The Terms and Conditions” are this document.
1.5 “The list” is the scheme of services contracted for between the client and the company, detailed in the quote or acknowledgement of order, or invoice, issued by TalkingComs Ltd, or as may be agreed from time to time, to which these Terms and Conditions apply.
1.6 "The services" shall be as described in the Site and such other material as TalkingComs Ltd provides to you from time to time. The company reserves the right at any time and from time to time to amend, improve, correct, discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice and you agree that the company shall not be liable to you or to any third party for any such modification, suspension or discontinuance. We will restore the service as soon as reasonably practicable after temporary suspension.
1.7 Unless otherwise agreed in writing by the company, the minimum period for the provision of the services is 12 months from date on which they are first made available to the client and shall continue thereafter for further periods of 12 months (each being a "Renewed Term") unless and until the Client serves at least one month's written notice on the compnay prior to the expiry of the Initial Term or a Renewal Term, such notice to expire at the end of such Initial or Renewed Term.
2.
2.1 The client authorises the Company to use and/or modify all supplied photographic images, electronic files, emails, email attachments and/or texts for the development and/or construction of web pages, and indemnifies the company against loss, injury or damage (including legal costs or expenses properly incurred) in the event of any breach of copyright, patent, patent pending or other action.
2.2 The company licenses the web pages and their contents to the client until settlement of the invoice at which point ownership thereof resides in the client, subject to the terms and conditions.
3.
3.1 The client assumes full responsibility for the following, and the company assumes none.
3.1.1 Access to the internet by the client.
3.1.2 The authentication and use of any credit card numbers delivered to the client via the Company’s services
3.1.3 Correct configuration of the client’s internet browsing software.
3.1.4 Any contracts entered into between the client and their own customers via the services.
3.1.5 Obtaining the legal permission for any works provided by the client
3.1.6 The status of information published as part of the services at the request of the client, including but not limited to legal permissions, defamation, confidentiality, secrecy or copyright.
3.1.7 The payment of any relevant taxes other than UK value-added tax.
3.1.8 Delivery of content for publication on the services, except as otherwise agreed.
3.2 The client indemnifies and excludes the company from any legal action or expenses incurred due to actions being taken in respect of those things listed in 3.1 above.
3.3 The company shall not be responsible for any consequential damage or loss arising out of the performance of the contract otherwise than by the negligence of the Company or its employees or agents.
3.4 With respect to any services of the Company accessed via an identifying user name and password, the client will be responsible for maintaining the confidentiality of the username and password and are fully responsible for all activities which occur under them. Other users of the client’s username and password shall be bound by these Terms and Conditions as if they were the client. The client agrees to immediately notify the Company of any unauthorised use of the client’s username or password or any other breach of security of which the client becomes aware.
3.5 Any physical media sent to the company as part of this contract become the property of the company.
3.6 The company employs anti-virus software, however it is a part of these conditions that any electronic file being supplied shall be virus checked with current virus checking software before supplying or transmitting to the company.
3.7 The development of the internet industry and changes of circumstance may cause information and advice to change. The client accepts this, and indemnifies the Company from any action should any information, material, or advice supplied by the Company be applied in any other way than in its original form for its original purpose.
3.8 The company may act as a reseller for a 3rd party service provider.
3.8.1 Where the company uses a 3rd party service provider, the client agrees to abide by the terms and conditions of that 3rd party provider for that service and the client agrees to indemnify and hold harmless the Company and its officers, directors and employees, immediately on demand, against all claims, liability , damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by the client to the 3rd party sevice provider.
3.9 The company may provide either directly to the client or as part of the services, links to other web pages or resources. The client agrees that the company is not responsible for the content or availability of such external sites or resources, and the Company does not endorse and is not responsible or liable for any content on or available from such sites or resources. The client agrees that the company will not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be cause, by or in connection with use or reliance on any such content, goods or services available on such external sites or resources.
3.10 The client agrees to indemnify and hold harmless the Company and its officers, directors and employees, immediately on demand, against all claims, liability , damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by the client, the infringement by the client of any intellectual property or other right of any person or entity, or consequential losses.
4.
4.1 At least 30 calendar days before any part of the services expire, the company will invoice the client to renew the same services. If the client does not contract for re-supply of those parts of the services before they expire, then the company may withdraw them without further notice.
4.3 Fees become due on demand.
4.4 UK VAT is charged where relevant.
4.5 Any compensation for defects in the services is limited to the price paid for the parts of the services that include the defects, and excludes consequential damages such as loss of earnings.
4.6 Compensation for minor defects that do not substantially affect the operation of the services is limited to one half of the amount in 4.5.
4.7 The company will not be held responsible for defects in the services resulting from the actions or inactions of third parties, notwithstanding which the company will make best efforts to correct such defects.
4.8 The client understands that the function and appearance of any web site is ultimately dependant on the technology used to access it, and does not hold the company responsible for problems so caused.
5.
5.1 The following shall apply where the Services include or consist of domain name registration services
5.2 The Client acknowledges that, whilst the company shall use its reasonable endeavours to successfully register the requested domain name, the company shall not be obliged to accept any request to register or continue to process any registration of a domain name.
5.3 The obligations of the company in relation to domain name registration shall be limited to forwarding the application to the relevant naming authority, providing reasonable administration services in relation to the application and notifying the result of the application within a reasonable period after communication from the authority. the company will use reasonable endeavours to notify you of any renewal dates however the company accepts no liability for any use or retention of any domain name which is registered.
5.4 The company makes no representations or warranties (expressed or implied) of any kind (and they are expressly disclaimed) with respect to availability or likelihood of successful registration of any domain name.
5.5 The Client shall check the domain name as reported on any of the Company's documents sent to the Client, such as the invoice, customer information sheet or otherwise, is spelt correctly. In the event of any error, the Client should notify the Company promptly and in any event within 24 hours of receiving such document.
5.6 The Client shall at all times comply with the terms and conditions (from time to time subsisting) for the registration of domain names published by the relevant naming authority and generally to the terms and conditions of any such authority having similar force and to which the client may become subject as a result of services provided by the company.
6.
6.1 The current price payable for the Services shall be confirmed at the time you request us to provide any of the Services. The price is non-refundable. Any deposit for the provision fo services is non refundable.
6.2 The company shall be entitled to vary its prices from time to time however we shall give you at least one month’s notice of such increase and if you are not satisfied with such increase then you will be entitled to terminate the Contract by giving us written notice within one month of the date of the variation notice failing which you shall be deemed to have agreed to the variation.
6.3 All prices quoted to the Client for the provision of services by the company are exclusive of any value added tax for which the Client may be additionally liable at the applicable rate.
7.
7.1 The price and all other amounts due under the Contract shall be paid by the Client by the due date and in the currency as specified in the invoice.
7.2 Payment shall only be deemed received by the company upon receipt of cleared funds.
7.3 Payment shall be made in full without any abatement, set off or deduction on any goods.
7.4 Where the Services include or consist of registration of domain name services, the company shall be entitled to raise an invoice for payment to the appropriate naming authority and for the hosting that name specifying the date by which payment by the Client must be made. Failure for any reason by the Client to make payment before the specified date will entitle the company to release the Client's domain name without any liability for loss suffered by the Client howsoever arising.
7.5 It is of the essence of the Contract that the Contract price and all other amounts due from the Client under the Contract are paid on time. The client will be responsible for any and all expenses incurred by the company in recovering overdue amounts and shall pay interest on them (before and after judgment) at annual rate of 5% above the base lending rate of Barclays Bank plc calculated daily until payment is made in full.
7.6 Failure to settle all amounts within 14 days of the due date may result in withholding of further Services and/or suspension of existing Services.
8.
8.1 The Contract may be terminated immediately by the company if the Client fails to pay any sums due hereunder within 14 days of their due date.
8.2 Immediately by written notice from either party to the other if the other commits any material breach of any these conditions and which (in the case of a breach capable of being remedied) has not been remedied within 30 days of a written request to remedy the same.
8.3 Immediately by either party if the other shall convene a meeting with its creditors or if a proposal shall be made for a voluntary arrangement within part 1 of the Insolvency Act 1986 or a proposal for any other composition scheme of arrangement with (or the assignment for the benefit of) its creditors or if the other shall be unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or if a trustee receiver or administrative receiver or similar officer is appointed in respect of all or any of the business or assets of the other party or if a petition is presented or a meeting is convened for the purpose of considering a resolution or any other steps are taken for the winding up or the making of an administrative order (otherwise than for the purposes of a solvent amalgamation or reconstruction).
8.4 In the event that the company is entitled to terminate the Contract for any reason then it shall in the alternative at its sole discretion be entitled to suspend the Services for such period as the company shall determine.
8.5 Upon termination or expiry of the Contract all amounts payable by the Client to the company shall become immediately due and the company shall be entitled to immediately cease the provision of the Services.
9.
10
10.1 These Terms and Conditions shall be governed by English law and the client hereby irrevocably submits to the exclusive jurisdiction of the English courts.
10.2 These Terms and Conditions, together with the list, constitute the entire agreement between the parties with respect to their subject matter and exclude any representations and warranties previously given or made other than any negligent or fraudulent misrepresentation.
10.3 The contract begins when the company confirms it, and the company reserves the right to refuse a request for services for any reason. Unless otherwise agreed, time taken by the company to create the services begins when the company has received payment and content from the client.
10.4 Notwithstanding 5.3 above, these terms and conditions apply to any potential client supplying information and materials for the development of web pages and the proivison of consultancy.
10.5 The company can end the contract without notice if broken by the client, or 30 calendar days notice if not.
10.6 The contents and methods of the Company web site are subject to change without further notice.
10.7 If any provision of these Terms and Conditions is held by a Court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
10.8 No waiver by the company shall be construed as a waiver of any preceding or subsequent breach of any provision. The company’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the company in writing.
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