1. DEFINITIONS
“The Supplier” means Cyberscream Ltd., registered address
3 Pallas Road, Hemel Hempstead, HP2 5NR.
“The Buyer” means any individual, organisation or company purchasing
goods or services supplied by Cyberscream Ltd.
2. CONDITIONS APPLICABLE
Unless otherwise agreed in writing, the conditions laid out below shall prevail over any conditions stipulated by The Buyer.
The Supplier reserves the right to alter and re-publish these terms and conditions from time to time, as required.
3. SPECIFIC CONDITIONS OF SALE
The Supplier reserves the right to decline to trade with any company, organisation or individual.
In the event that The Supplier declines to accept an order in respect of which payment has been received, the full amount of such payment will be refunded to The Buyer.
4. PRICES AND QUOTATIONS
Prices may sometimes, by necessity, be altered by The Supplier, in accordance with cost variations beyond their control.
5. PAYMENT, LATE PAYMENT, DEFAULT OF PAYMENT AND CONSEQUENCES OF DEFAULT OF PAYMENT
5.1. The method of payment will be by electronic transfer, we currently accept payment by cheque subject to a bank fee.
5.2. Payment shall be received within 15 days of the date on the invoice, which shall be issued on or after delivery of the goods and/or services. In the case of goods being ordered or a significant amount of labour required we reserve the right to request pre-payment of said goods and/or services via a Pro Forma Invoice, followed by a VAT invoice once the goods have been delivered.
5.3. Late payment shall incur interest at the rate of 10% above the Bank of England rate per annum calculated on a daily basis. This shall be payable on any monies outstanding under the Contract from the date payment was due until the date payment is received by the Company, but without prejudice to the Company’s other rights or remedies in respect of the Buyer’s default in failing to make payment on the due date.
5.4. Without prejudice to any other remedies the Company may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of goods and/or services to the Buyer and any of its other obligations under the terms and conditions. The Company will not be liable to the Buyer for any loss or damage the Buyer suffers because the Company exercised its rights under this clause.
5.5. In the event that:
- any money payable to the Company becomes overdue, or in the Company’s opinion the Buyer will be unable to meet its payments as they fall due; or
- the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
- a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer; then without prejudice to the Company’s other remedies at law
the Company shall be entitled to cancel all or any part of any order of the Buyer that remains unperformed in addition to, and without prejudice to any other remedies; and all amounts owing to the Company shall, whether or not due for payment, immediately become payable.
6. LAW
These conditions shall in all respects be construed and operated as an English contract, conform to and be governed by English Law and be subject to the jurisdiction of the English Courts.
7. GENERAL REPONSIBILITIES & EXCLUSIONS
The Supplier cannot accept responsibility for any loss of data (howsoever caused) from any computer. The Buyer is responsible for taking adequate backup copies of all data.
The Supplier cannot accept responsibility for conflicts between software and/or hardware items, where such conflict is caused by issues beyond The Supplier’s control. Such issues must be addressed to the hardware manufacturer(s) and/or software author(s).
The Supplier cannot accept responsibility for any problems arising from incorrect or inadequate information given by The Buyer.
It is the responsibility of The Buyer to make available to The Supplier all disks and/or manuals for any hardware/software to be worked on.
At all times, The Buyer is responsible for ensuring that adequate licensing has been purchased for all software and hardware used.
8. DATABASE DEVELOPMENT/CUSTOMISATION
For the purposes of these terms and conditions, the term “intellectual property rights” shall mean all copyrights, patents (registered and unregistered), design rights, topography rights, trademarks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidence and other intellectual and industrial property rights in all parts of the world.
The Supplier (unless otherwise agreed in writing) owns the intellectual copyright on any custom written system or database developed by The Supplier.
The Buyer shall immediately bring to the attention of The Supplier any infringement, or suspected infringement, by any 3rd party of any of the intellectual property rights in the software/database in
question of which it is aware, and shall at the request & expense of
The Supplier take such action or assist The Supplier in taking such action as The Supplier may deem appropriate to protect its rights.
The Buyer undertakes not to remove, delete or obscure any copyright notices or confidentiality notices on, or in, the software/database in question.
9. HARDWARE & SOFTWARE (RESALE)
The Supplier shall at no time be held responsible for hardware or software supplied via a third party.
Payment for hardware & pre-packaged software is due with order, unless agreed otherwise in advance and in writing.
The Supplier is not liable for repair or service of hardware supplied. It is the responsibility of The Buyer to ensure that adequate maintenance agreements are established with appropriate suppliers, where required.
Revised 19/06/2014
