Confidentiality |
| We
will exercise all reasonable care to prevent the unauthorised use or
dissemination of clients' confidential information. Reasonable care
means at least the same degree of care which we use to protect our
own confidential information from unauthorised disclosure. |
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Intellectual Property Ownership |
| Dotquake
Web Services assigns to the client its entire right, title and
interest in any content created by Dotquake Web Services for the
client under the work agreement at the time final payment is made
for the service(s) provided. However, in any instance of early
termination of the work agreement on the part of the client due to
dispute or transfer of contractor, Dotquake Web Services reserve the
right to retain access to all or any of the aforementioned content
created by itself. Notwithstanding the above, Dotquake Web
Services will register domain names required by its clients in its
own name. This registration will be transferred to the client on
termination of the work agreement. Dotquake Web Services will
administer its own email address under each domain registered on
behalf of any client. |
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Independent Contractorship |
| Dotquake
Web Services is an independent contractor and neither Dotquake Web
Services or its staff is or shall be deemed to be an employee of the
client. |
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Expenses |
| The
client shall reimburse Dotquake Web Services for all reasonable
travel and living expenses incurred by Dotquake Web Services whilst
away from its regular place of business to perform services under
the work agreement. |
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Payment of Invoices |
| Dotquake
Web Services shall submit invoices for all services rendered under
the terms of the work agreement. The client shall pay the full
amounts due within 28 days of the date of each invoice. |
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Late Payments |
| Late
payment by the client shall be subject to late penalty fees of 2%
per calendar month or part thereof from the due date until the
amount due is paid. |
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Termination of Work Agreement |
| With
reasonable cause, either party may terminate the work agreement with
immediate effect by giving written or electronically recordable
notice of cause of termination. Reasonable causes include 1) a
material violation of the work agreement, or 2) non payment of
Dotquake Web Services' compensation after 28 days written or
electronically recordable demand for payment. |
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Maintenance |
| Dotquake
Web Services reserves the right to charge for services deemed
outside of any maintenance agreement with any client. It is the
clients' responsibility to administer submission to search engines,
web directories and/or newsgroups after the official handover of its
web site and after an invoice has been issued. |
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Schedule of Charges |
| From
time to time Dotquake Web Services will publish a schedule of
charges. This schedule is intended as a guide for clients and should
not form the basis of any work agreement or contract. Dotquake Web
Services reserves the right to amend these charges at any time and
without notice unless already under contract or agreement with the
client. |
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Copyright |
| Dotquake
Web Services shal not be required to publish any content which in
the opinion of Dotquake Web Services is or may be of an illegal or
libellous nature or an infringement of the proprietary or other
rights of any third party. Dotquake Web Services shall be
indemnified by the client in respect of any claims, costs and
expenses arising out of any libellous matter or any infringement of
copyright, patent, design or of any other proprietary or personal
rights contained in any material published on behalf of the client.
This indemnity shall extend to any amounts paid on a lawyer's advice
in settlement of any claim. |
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Complaints |
| Complaints
should be made in writing or in an electronically recordable format
to Dotquake Web Services. |
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Legal Action |
| Any
legal action taken in respect of Dotquake Web Services shall be
undertaken in the town of Exeter in Devon, England or within 20
miles of this location. |
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Provision of Service |
| The
provision of any hosting service is subject to 3rd party performance
and cannot be guaranteed by Dotquake Web Services. Provision,
availability and duration of Dotquake Web Services' own service will
be subject to the terms of the work agreement or contract. |
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Advertising and Promotion |
| Dotquake
Web Services reserves the right to reasonable promote its services
via the medium of any publication developed for any client. Dotquake
Web Services reserves the right to use any communication from any
client for its own publicity purposes, subject to its obligations
under its own privacy policy and subject to the rules and provisions
of the Data Protection Act 1998. |
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Force Majeure |
| Dotquake
Web Services shall not be liable for any delay or failure in
performance with respect to its obligations under the work agreement
which is due to or which results from any act, event, omission or
happening beyond its reasonable control including acts of God,
strike, work stoppages, governmental regulations, acts or
directives, war, riot, flood, civil commotion, equipment or
facilities shortages or delays which are experienced by providers of
internet services in general, or any other circumstance beyond its
reasonable control. |
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Statutory Rights |
| These
terms & conditions do not affect your statutory rights as a
consumer. |