Terms & Conditions


Orders will only be accepted on the basis of these terms & conditions and not those of the Customer. No contract shall arise until the Customer’s order has been accepted by Pearshape Multimedia. Deposits are non-refundable except as stated below.


Estimates are valid for 2 months from the date issued. Pearshape Multimedia reserves the right to cancel or amend estimates at any time prior to the commencement of any installation services/hardware be that local or remotely based.


Estimated prices and specifications of hardware, materials, equipment or software are based upon suppliers’ prices at the date of the estimate and may be subject to variation but in the event that any increase in price exceeds 10% of the total price estimated the Customer may cancel the contract and be entitled to the return of the deposit without further liability by either the Customer or Pearshape Multimedia provided that the Customer cancels in writing before Pearshape Multimedia has placed any order with its suppliers. In the event that it should not be reasonably possible to supply the hardware, materials, equipment or software estimated for or the equivalent thereof then Pearshape
Multimedia may cancel the contract without liability on the part of the Customer or Pearshape Multimedia except as to the return of any deposit paid.


The Customer warrants that all material supplied to be incorporated in to a website or other promotional service is royalty free and that all intellectual property rights are those of the Customer or the Customer has full permission to use the same.


The Customer shall fully indemnify Pearshape Multimedia against any claims for loss or damage and all damages, fines, costs, legal and other expenses occasioned by any breach of such warranty whether or not incurred by or ordered against Pearshape Multimedia.


Customers are recommended to take legal advice in order to ensure that their own terms and conditions can be used on their website / advertising and are fit for purpose. Pearshape Multimedia accepts no responsibility for the content of customer’s websites / advertising.


Payment in full is due within 30 days of the date of invoice; this is the due date. Pearshape Multimedia may deliver interim invoices.


VAT is payable at the appropriate rate prevailing at the date of invoice.


If any invoice remains unpaid after the due date Pearshape Multimedia may suspend other work for that Customer, without incurring any liability itself, until the outstanding balance(s) are paid. Any time estimates given for completion of such work shall no longer be applicable.


If a customer is late in paying two or more invoices Pearshape Multimedia reserves the right to impose such other payment terms as it sees fit.


Customers shall not have the right to set off deposits or payments on account for specific projects or work against sums due under invoices for other projects or work.


Pearshape Multimedia reserves the right without incurring any liability itself to suspend domains or hosting pending payment of overdue invoices relating to hosting or domain renewals.


Pearshape Multimedia reserves the right without incurring any liability itself to withdraw, cancel, resell or ‘de-tag’ domains, hosting or other web services including updates to web pages or code pending payment of invoices or deposits for those specific services.


Title to hardware materials and equipment shall not pass to the Customer until full payment for the same is received, but the risk in regard thereto and to software shall be that of the Customer immediately upon delivery to the Customer. Licence and activation codes to software will be supplied to Customers upon receipt of payment in full.


Pearshape Multimedia accepts no responsibility for the effectiveness of services provided, except as expressly stated in these terms and conditions, and cannot guarantee increased business as a result of development of a website / advertising or search engine
submission/optimisation.


Pearshape Multimedia cannot be held responsible for loss of data, damage, or loss of whatever nature (including consequential loss) whether caused directly or indirectly.
Pearshape Multimedia cannot be held liable for actions of the client resulting in unsatisfactory operation of data systems (including websites)
or computer hardware.


Except as expressly stated in these terms and conditions Pearshape Multimedia shall not be liable in contract or tort or otherwise for any claims for loss, damage expenses or costs of any nature whatsoever (including consequential loss) whether caused directly or indirectly.


Services are guaranteed for 2 months after the initial setup is complete. Customers will rely solely on a standard manufacturers guarantee against hardware defects for up to 1 year from purchase. In the event of hardware failure Pearshape Multimedia will make a reasonable attempt to return the item to the manufacturer for replacement. However, Pearshape Multimedia shall not be liable for charges accrued for return postage for items under guarantee or for costs arising from the re-installation of equipment or software, which will be charged at the prevailing hourly rate.

   

 

Pearshape Multimedia, Leigh-on-Sea, Essex

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