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Terms and Conditions

Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Xtensible Logix Ltd, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Xtensible Logix Ltd and acting during their employment or (ii) engaged as a consultant or otherwise providing services to Xtensible Logix Ltd and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual Property and Acceptable Use

All Content included on the Website, unless uploaded by Users, is the property of Xtensible Logix Ltd, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission

You may, for your own personal, non-commercial use only, do the following:

  • Retrieve, display and view the Content on a computer screen.
  • Download and store the Content in electronic form on a disk (but not on any server or other storage device connected to a network).
  • Print one copy of the Content.
  • You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Xtensible Logix Ltd.

    Legalities, Copyright and Intellectual Property

    Xtensible Logix Ltd shall expect the client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal. Please ensure that any images or content you supply or use on your website, is legally available for you to use. We cannot be held responsible for the illegal use of images, content or format of material supplied by the client. Xtensible Logix reserve the right to remove any website from its servers if it has reason to believe that it is operating illegally.

    Where images used on the website have been purchased by Xtensible Logix Ltd on behalf of the client, these images are restricted by license for use on the website only and are limited to 20 images per project. Xtensible Logix Ltd are not liable for misuse of these images by the client or any other person's copying, altering or distributing the images to individuals or other organisations.

    Xtensible Logix Ltd makes no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor's jurisdiction. The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website's content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any Court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.

    Xtensible Logix Ltd cannot be held responsible for anything adversely affecting the Client's business operation, sales, or profitability that might be claimed is a result of a service offered by Xtensible Logix Ltd.

    Paying for Your Project

    We charge for the design and development of websites at various stages. Before we start work, a 70% deposit of the total sum due is payable (the deposit). When the websites design is approved by you and the home page is completed, the final 25% is payable when the website is complete and ready to 'go-live' (final payment) Your website will only be switched to 'live' mode when it has been paid for, in full. The initial deposit payment is non-refundable after Xtensible Logix has committed resource or completed research and/or design work on the client's behalf.

    Xtensible Logix Ltd own all design and code of the website until final payment has been received in full. On receipt of final payment full ownership of the site files are handed to the client, this includes all design, branding and code.

    Communication

    Email is our primary method of contact regarding all communication for your websites design and development. We have website designers and developers working for us in various parts of the world, as well as here in the UK. Email is obviously the most efficient and cost-effective form of contact. If you have any problems with the design or development of your website that your developer is unable to resolve by email, you can contact our telephone service during UK office hours on 0800 2888 042 or 07403911245 to talk to our UK-based support team.

    It is the client's responsibility to inform us by email of any change in email address, so we always have valid contact details. We cannot be held liable in any way for problems relating to communication issues if we are not supplied with a valid email address. Some of our systems rely on this email to inform you of various important information. We also advise that clients check junk and spam folders regularly.

    It is important for the client to keep in contact with Xtensible Logix Ltd throughout the entire project. If a client does not make contact for more than 2 weeks, we will make up to 5 attempts to contact the client by email using the email address for the client held on file. If we do not receive a response to these attempts of contact the project may be terminated, and the deposit will not be refunded. If the client wishes to postpone the project for a period of longer than 2 weeks, please contact us. Otherwise the project may be archived. We reserve the right to levy a £150 administration fee if the client returns after an unapproved postponement where the time since last contact is less than 6 months and wishes to continue work on their project.

    If a client returns from an unapproved postponement and the last contact is more than 6 months, we shall need to provide a new quotation for the project and your original deposit will be non-refundable or transferable. Any design or development work completed previously may no longer be available.

    Website Design and Development

    Design is subjective, and for this reason we offer 'five design revisions'. This means that we will continue to work with you on your design concept until you are happy with our proposal.

    Design and layout changes to the internal pages of the website are subject to restrictions within WordPress, Magento, OpenCart.

    Xtensible Logix Ltd will provide the client with an expected completion time frame for the project (live on the internet) if requested. Xtensible Logix Ltd will provide a client access to its 'Project Cycle' documentation to ensure a client is fully aware of the responsibilities they must ensure a successful and timely development. To provide a completion date a final list of changes is needed from the client.

    Hosting and Domain

    Xtensible Logix Ltd will host the website if the client requires us to do so and on receipt of full payment of our hosting fees. In doing so, Xtensible Logix Ltd will provide a reliable and professional service to the client always, excluding unavoidable technical failures.

    Xtensible Logix hosting is annually renewable. The date of renewal will be 12 calendar months from the date the website was made live. Xtensible Logix will contact the client 6 weeks before the renewal date and hosting services are not obligated.

    The hosting renewal charge must be received within 10 days of the hosting expiry date. We reserve the right to deactivate any website when the hosting has expired, and the client has not paid the renewal charge. We reserve the right to charge an administration fee of £45 for reactivating the website/hosting.

    If the client does not use Xtensible Logix Ltd hosting services, then the management and hosting of the domain name are the full responsibility of the client.

    If the client does not wish to renew the hosting the site files and associated data can be made available to the client fee free on request and the domain name can be transferred to the client's registrar account. Should the client instruct us to upload and configure the site and domain name to a third-party server this work will be subject to charge.

    Xtensible Logix reserve the right to delete the website from our servers 3 months after the date your hosting expired if you choose to not renew the hosting.

    If required, a domain name will be registered by Xtensible Logix Ltd on behalf of the client once we have received payment in full. These are limited to .co.uk and .com. Although the domain names are registered to us, the client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere,we will do this within a reasonable timeframe

    Domain names require yearly renewal and there is an associated fee for this. Each client who hosts their website with Xtensible Logix Ltd receives 1 free domain name renewal every 12 months as part of their hosting providing they pay their hosting renewal fee. This is limited to .co.uk and .com domains.

    Any domain name renewal is the responsibility of the client. Xtensible Logix will attempt to contact the client by email up to 2 weeks in advance of a domain renewal being due. If the client doesn’t pay to renew their domain name, the domain name shall not be renewed.

    Privacy Policy and Cookies Policy

    Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on this Privacy Policy

    Availability of the Website and Disclaimers

    Any online facilities, tools, services or information that Xtensible Logix Ltd makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a purpose, accuracy of information, compatibility and satisfactory quality. Xtensible Logix Ltd is under no obligation to update information on the Website.

    Whilst Xtensible Logix Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers

    Xtensible Logix Ltd accepts no liability for any disruption or non-availability of the Website.

    Xtensible Logix Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

    General

    The contract between Xtensible Logix Ltd and the client will be on these conditions, to the omission of all other terms and conditions. Any discrepancies to these conditions shall have no effect unless agreed in writing.

    The works to be carried out shall be as set out in the Xtensible Logix Ltd invoice which can be found attached to the confirmation order email.

    These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

    These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

    The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.

    If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

    Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

    This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

    Support

    While a website is hosted with Xtensible Logix Ltd, we shall be available between the hours of 0900 and 1800 Monday – Friday. This excludes all bank holidays. Within a reasonable time, we will look to fix any issues with the website which are not due to a customer’s doing.

    Xtensible Logix Ltd will not tolerate any form of harassment against its employees from customers or third parties and we reserve the right to cancel a contract without refund in the event of unreasonable or inappropriate conduct. This includes threatening behaviour and abuse directed towards our employees thereafter any further communication must be via postal mail only.


    Xtensible Logix Ltd Details

    Xtensible Logix Ltd is a company incorporated in England and Wales with registered number 08952455 whose registered address is Suite 8Biii Britannia House, Leagrave Road, Luton, Bedfordshire, LU3 1RJ and it operates the Website www.xtensiblelogix.co.uk.

    You can contact Xtensible Logix Ltd by email on info@xtensiblelogix.co.uk.



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