All Outerspace Designs Limited and/or Goods are supplied subject to the following terms:-
a. Any order resulting from a quotation or the submission of a current price from Outerspace Designs shall be subject to these terms and conditions, any variation is only valid if accepted in writing by Outerspace Designs.
b. Quoted prices are usually valid for 30 days but are subject to any material costs and sight of copy or brief.
a. Quoted prices are subject to alteration between date of acceptance and completion of order in the event of Outerspace Designs’s costs being increased, except through any happening or event within Outerspace Designs’s direct control.
a. All dates quoted for delivery are approximate and, whilst every effort will be made by Outerspace Designs to ensure delivery dates are met, Outerspace Designs shall be under no liability for failure to deliver on the quoted date.
b. Where expedited delivery is required and increased costs are incurred, these will be the responsibility of the Buyer (herein after referred to as “client”) and invoiced accordingly.
c. Should work be suspended, either at the direct request of the client, or simply through inactivity, or delayed through any default of the client for a period of 30 days Outerspace Designs will be entitled to invoice for work already carried out and materials used.
4. Terms of Payment
a. Payment shall be made in full within 30 days from date of invoice, unless otherwise agreed to the contrary. Any discrepancies on invoices must be advised to Outerspace Designs, in writing, within 14 days from the date of invoice.
b. Should payment terms be exceeded Outerspace Designs reserves the right to charge the Client interest at a rate of 5% per month above the base rate set by Lloyds TSB Bank.
c. Domain name(s), all fees must be prepaid and are non-refundable even if suspended, cancelled or transferred prior to the end of the registration term. We will automatically renew your domain name(s) using billing information available. If your billing information is not accurate we will contact you to update this information and charge accordingly.
d. Hosting accounts are set up on a prepay basis. Although Outerspace Designs reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is due every 30 or 365 days, following the date the account was established. Customers will automatically be charged again at the end of their prepay period unless closure notification has already been given.
a.Outerspace Designs’s liability in respect of any failure of the Goods and/or Services to be of contract description or quality is limited to the express provisions of this clause. Outerspace Designs’s warranty under this clause is in lieu of any warranties, conditions or undertakings, whether express or implied by statue or law or otherwise, save those implied warranties, conditions and terms that cannot be excluded by virtue of statute or law.
b. Outerspace Designs takes all possible care to ensure that the Goods and/or Services are to contract description and quality but defects, errors and shortages sometimes occur. If the Client wishes to make a complaint that the Goods and/or Services are not to contract description or quality, it must do so in writing so that Outerspace Designs receives its complaint within 14 days of delivery to the Client of the Goods. If the Client fails to make its complaint in writing and within the strict time limit, Outerspace Designs shall be entitled to reject its complaint without further investigation. If the Client makes its complaint in writing and within the strict time limit, Outerspace Designs shall investigate its complaint within a reasonable time and the Client shall allow Outerspace Designs facilities to inspect the Goods. If the Goods and/or Services are not contract description or quality (and if Outerspace Designs has not rejected the Client’s complaint because it was not made in writing or within the strict time limit), Outerspace Designs may at its sole and unfettered discretion;
i.replace the Goods and/or Services, or
ii.accept the return of Goods and/or Services in which case it shall credit the Client with the Contract price: or
iii.credit the Client with an amount equivalent to the difference between the value of the Goods and/or Services at the time the Clients makes its complaint and the Contract price, in which case, the Client shall then pay the Contract price (subject to such credit) in accordance with the terms of payment above.
Every effort will be made to carry out intending Client’s requirements, but
a. Outerspace Designs shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or any loss arising from delay in transit; and
b. Where work carried out by Outerspace Designs is defective for any reason, including negligence, Outerspace Designs’s liability (if any) shall be limited to rectifying such defect.
c. Outerspace Designs will endeavour to ensure accuracy in the preparation of copy. However, some errors may occur and therefore, all proofs must be checked very carefully before the Client passes for print. Any liability for overlooked corrections will remain the Client’s responsibility and all subsequent expenses will be invoiced accordingly.
7. Ownership and Risk
The risk in the Goods and/or Services passes to the Client upon delivery and the Client shall insure the Goods and/or Services from such time against fire, water damage, theft and other usual risks at the full invoice price thereof to the Client, but legal and beneficial ownership shall remain with Outerspace Designs until full payment has been received.
8. Client’s Property
No liability is accepted by Outerspace Designs for any loss or damage to intending client’s property, however arising otherwise than from gross negligence of Outerspace Designs.
9. Force Majeure
Every effort will be made to carry out the contract but its due performance is subject to cancellation by Outerspace Designs or to such variation as it may find necessary as a result or inability to secure labour, materials or supplies or as a result of and Act Of God, War, Strike, Lockout or other labour dispute, Fire, Flood Drought, Legislation or other cause (whether of the foregoing class or not) beyond Outerspace Designs’s control.
These Conditions and all other express terms of the contract shall be governed and construed within the Laws of England.