Web Services
/Terms (T&Cs)
 
 


Web Commission Term & Conditions - Form: 380-35
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1. c-i-m-s shall mean cims consultancy ltd or mediawork ltd . Purchaser shall mean Client, Client shall mean Purchaser.

2. CONFIRMATION OF COMMISSION & PERIOD TERM DATES
2.1Confirmation of a commission or service provision is determined by receipt of payment by c-i-m-s in full or part unless agreed otherwise
and such confirmation is deemed acceptance by the Purchaser of c-i-m-s T&Cs presented here as currently displayed/posted on-line.
2.2
Unless specifically agreed otherwise the minimum period of commission or provision of services is/are 12 calendar months from confirmation to provide services  &/or commencement renewal or anniversary dates as there of. Renewal/Anniversary notices will not be issued by
c-i-m-s unless agreed otherwise and  c-i-m-s will understand that renewal is automatic for the standard/follow-on/subsequent  12 calendar period. Periods of notice are detailed in clause 10.
3. CURRENCY

UK Pounds Sterling. All other currencies at Bank of England official exchange rate plus 3% charges as at time date of payment.

4. PAYMENT
4.1 All Fees
Fees are designated as per annum or total sum as appropriate and when quoted &/or invoiced will attract UK Standard Tax (VAT).  Payment in  full/complete/in part as agreed may be made by Cheque &/or Credit Card &/or BACS. Credit Cards &/or Debit Cards will attract a transaction fee payable to the Card issuing Company.
4.2 Payment by Instalments
Fee payment may be offered on a monthly terms basis via UK Bank Standing Order (BSO), UK Credit or Debit Card of
12 equal amounts. Payment subject to agreement would normally be due on the 1st UK bank trading day, or closest thereafter, of each month and will be for a minimum 12 calendar month. A period of notice (clause 10 ) is required by the Purchaser and/or
c-i-m-s  to alter or terminate such an arrangement during the first or subsequent 12 calendar month periods. No renewal notices on the anniversary of a 12 month period will be issued where fees payable remain unchanged for any consecutive 12 month periods and continuance of receipt and acceptance of payment by c-i-m-s will be deemed as agreement by the Purchaser to enter a continued 12 month engagement of services provided by c-i-m-s.
4.3 Outstanding Balance of Fees: 
In cases of non-receipt of fees for commissions and/or services
4.3.1
c-i-m-s reserves the right to suspend  such commissions and/or services in any manner c-i-m-s deems appropriate/it decides including notice (s) posted  on public display associated with domain names until time a resolution is agreed.
4.3.2 and where a Client makes any payment by a valid credit/debit/bank card  c-i-m-s advises such a card maybe presented for authorisation to clear the outstanding fee balances.

4.3.3 c-i-m-s
reserve the right to pursue/retrieve payment(s), for commissions and/or services or product provided when not settled by the Client in accordance/within the/any terms in accord with UK legislation Late Payment of Commercial Debts Regulations 2002 or as updated/amended.
4.3.4 In circumstances where a resolution is not reached to settle outstanding balances of fees  or where the Client enact a stop to such credit/debit bank submissions for payment 
c-i-m-s will, where not agreed otherwise in writing, take claim of complete ownership of all commissions and services provided whatsoever.
5. EXPENSES

Commissions or attendance – by a/more than one c-i-m-s representative - at a venues selected by the Client other than c-i-m-s facilities may attract additional expenses, which will be chargeable to the Client’s account. 
6. DOMAIN NAMES

6.1 c-i-m-s
acts as an agent for Clients and a reseller for suppliers.
6.2
c-i-m-s  will present  for use by the domain naming authority or its representative and/or trading associate, the Client name and status as advised in writing if at all to c-i-m-s at the time of registration. In cases whereby full details for which the Client is responsible for providing are not provided at the time of domain registration as requested by the naming authority
c-i-m-s will in its own assessment  register any domain name with details as it so decides.
6.3 Changes to any registration details first provided or subsequently advised in writing to
c-i-m-s & passed on to the naming authority when domain registering  on behalf of the Client will be subject to fees and chargeable to the Clients account.
6.4 Where domain registration fees have been paid by a Client and a Client has advised that they are terminating or have not paid for any or all  web services provided by
c-i-m-s, c-i-m-s will utilise of the domain name for any purposes as it sees fit.
7. WEB CONTENT

Content provided for publication or published by  or behalf of Clients is taken to be verified by the Client as legally certified and approved for use by the Client including financial soundness for use or exclusion as seen appropriate by
c-i-m-s.
8. WEB HOST & WEB HOST ONLY SERVICES
8.1 c-i-m-s acts as an agent for Clients and a reseller for suppliers.
8.2 I
n providing hosting services where the Client has requested c-i-m-s to include these services within a commission c-i-m-s will be responsible for provision of technical know how
8.3 In providing hosting only services Clients purchasing such services will be solely responsible to ensure they make available or have the necessary hardware, software, communications and skill set to enable access to such named servers.

9. TRANSFER CHARGES  
9.1 Fees associated with Transfer of Domains, Hosting, Design &/or related services, unless agreed in writing otherwise, will be chargeable and will require supporting signed documentation and generally be in-line with details/schedules/singularly priced lists as current and published on the c-i-m-s web site(s) and/or inline with the Naming Authority requirement .
9.2 Where Clients Transfer registered Domains without assistance and particularly agreement  by c-i-m-s these will be at the Clients risk and cost. No support nor any assistance what so ever is automatically offered following transfer unless agreed otherwise.
10. PERIOD OF NOTICE - TERMINATION OR CANCELLATION BY CLIENT
No refunds are given. Request of Termination or Cancellation of commissions or services by Client is required in writing with 90 working days notice. Any fees outstanding will be invoiced as settlement of the account in line with the remaining commission period
as described in clause 2 payable on 7th day of date of invoice  during which time for any web services commissioned c-i-m-s will endeavour to keep such functional for 1 working week from the date of agreeing cancellation or termination received, thereafter c-i-m-s will at its own discretion immobilise or use such commissions or services in whatever format it so deems as appropriate.  
11. CANCELLATION BY
c-i-m-s
Where a commission is cancelled for any reason with or without prior notice being given to the Client, c-i-m-s will endeavour to offer mutually agreeable re-imbursement – pro rata to work / time period expended / expired in the execution of the commission. This offer will not apply where c-i-m-s is under commitment to cancel commissions when advised of previously undeclared existing/pending legal action by others. 
12. LIABILITY/RIGHTS

c-i-m-s
shall not be held liable for any loss, financial or otherwise, incurred in excess of the commission fees paid; reserves the right to alter any part of the commission programme or content, retains the right to include reference, by whatever means, to c-i-m-s part or in total involvement of the commission and use as reference the commission, in whole or part, the commission as an example of commissions undertaken;
c-i-m-s sometimes acts as facilitator to other Companies who are the end service suppliers and as such acts in good faith between Client and Service Supplier and will not be held responsible for any loss whatsoever should the Client and Supplier become in dispute for any reason; c-i-m-s.  will not be liable for or enter disputes in respect to domain names and use, transfer fees to/from c-i-m-s, legal or financial claims on Clients by others in respect to content or copyright material presented by the Client for use in the web commission;  c-i-m-s retains the right to promote its services and use previous and existing summarised/part/total commissions as examples of services undertaken and this shall include connections and/or links hyper or other including banners between commissioned services.
c-i-m-s retains the right to amend these terms and conditions and will publish such details on its web site which in turn will be deemed to supersede any previous publication.
13. REGISTRATION
c-i-m-s and mediawork.co.uk are a brand names of cims consultancy limited, registered in the UK as Company Number 2571867, tax collection reference 564171248 registered with the UK, HM Customs and Excise.