These Terms and Conditions and any Client Agreement made a legally binding contract between Curtis Technologies Limited and the Client or the User of the website (www.curtistec.com) and subdomain related to it. The Client or User of the website must read these Terms and Conditions before using this website. Any contract so entered into is governed by the law of England and Wales and is subject to the jurisdiction of the English courts. Breach of any term contained in these Terms and Conditions or in the individual Client Agreement to which they are attached may therefore result in legal action.
References in these Terms and in any Client Agreement to which they are attached:
* "Curtis Technologies Limited" or "The Company" means Curtis Technologies Limited, 87a Hambrough Road, Southall, Middlesex, G London, UB1 1HY
A Private Limited Company registered in England and Wales Registration No.: 10654138
* "The Client" means The Client specified in the Client Agreement or the User uses this website to which these Terms are attached
"The Client or User Agreement" means The agreement setting out details of the individual client or users of this website, the services to be provided to that client, payment arrangements in respect of those services, and any other provisions specific to the individual client.
* "The Services" means The services specified in the Client or User Agreement.
* "Software" means an open source or license-free computer program or programs from the company or third party, and associated data files designed to perform a specific series of tasks.
* "Installation version" means A version of the software which the Client may use for additional installations and reinstallation.
* "The contract amount" means the amount of money to be charged in respect of the individual contract for time and materials only and is specified in the Client Agreement.
* "Supplies" are items of software or consumables purchased at the client’s request.
The Company’s standard services include:
* Web or Website Development System
* Windows-based System
* Application Development (IOS, Android)
* Logo Design
* Business Card Design
* Pamphlet Design
* Catalogue Design
3. Intellectual Property:
All rights, intellectual and otherwise, to all software developed under these terms, remain with the Company, subject to the following options:
a) the purchase of a user’s license
For a license fee to be specified in the Client Agreement, the Client will receive:
(1) An installation version of the software
(2) A license to install and use that software by the terms of the license, which is attached as an appendix to the Client Agreement.
4. Fees and Title:
i) Payment Policy:
a) Fees are charged either on pay as you go, hourly or monthly basis agreed with the individual Client which is specified in the User Agreement.
b) The contract amount is agreed upon with the individual Client and specified in the Agreement.
c) Out-of-pocket expenses and the cost of supplies will be agreed upon with the Client or User.
Clients will be invoiced either by a schedule attached to the Client/ User Agreement or within a period after completion of work or service as specified in the Agreement.
iii) Payment Method:
The Company can accept payment in the following ways:
* Credit Card Online Payment
* Debit Card Online Payment
* Pay by Link Online Payment
* E-Cheque Online Payment
iv) Due Date for Payment:
Payment will normally fall due 7 days from the date shown on the invoice unless varied by the Client Agreement. These payment arrangements may be varied in response to changing circumstances.
5. Rights and Obligations:
The Company: Curtis Technologies Limited undertakes to:
a) provide services of the nature and to the level specified in clause 2 of these terms
b) take all reasonable care and exercise all due diligence to ensure those services are of the quality and standard of a reasonably competent service provider in the field of software development, brand development, remote support, and network support .
c) after initial installation, provide the Client with an installation version of the software.
d) Where the additional services detailed in Clause 2. ii (above) are to be provided, carry out reviews and maintenance as agreed in the Client / User Agreement. I
The Client or user:
The Client undertakes to:
a) Provide the Company with all information necessary to enable it to provide the agreed services
b) Specify the nature of the application to be termination date specified in the Client Agreement.
Premature Termination by the Company:
The Company reserves the right to terminate before the termination date if the Client commits a fundamental breach of this agreement, including (but not exclusive to) asking the Company to do anything unethical or contrary to law. In this event, the contract will be terminated immediately by verbal notice. This verbal notice will then be confirmed in writing, delivered by hand, fax, email, or Special or Recorded Delivery post. Termination is effective upon confirmation that the Client has received such written confirmation. The date of such confirmation then becomes the revised termination date. In the event of premature termination resulting from a fundamental breach by the Client, it is the Client’s responsibility to arrange for the completion of any outstanding work at their own expense. In these circumstances, the revised termination date automatically becomes the due date for payment with interest being chargeable as set out in Clause 3 above. Any sums paid by the Client to the Company in advance for specific purchases become immediately repayable to the Client provided such purchases have not already been made by the revised termination date. Any materials exchanged between the Company and the Client to perform the contract will be returned to their legal owners within 30 days of the revised termination date.
c) Premature Termination by the Client:
The Client has the right to terminate before the termination date.
In this event, the Client will communicate the decision to the Company in writing stating the reasons for the termination and the commencement date of the notice period. The duration of the notice period will be specified in the Client Agreement. In the event of any work being incomplete at the revised date of termination, it is the Client’s responsibility to arrange for the completion of any outstanding work at their own expense.
In these circumstances, the revised termination date automatically becomes the due date for payment with interest being chargeable as set out in Clause 3 above.
Any sums paid by the Client to the Company in advance for specific purchases become immediately repayable to the Client provided such purchases have not already been made by the revised termination date.
Any materials exchanged between the Company and the Client to perform the contract will be returned to their legal owners within 30 days of the revised termination date.
6. Limitations and Exclusions:
In addition to any limitations or exclusions of liability specified elsewhere in these Terms or the Client Agreement, the Company can accept no liability for any losses howsoever arising
i) Any loss or corruption of data howsoever arising
ii) Any issues relating to internet services to which Clients ’PCs and/or file servers may connect.
iii) The acts or omissions of third parties including (but not exclusive to):
a) suppliers of goods or services:
This includes such suppliers engaged by the Client or the Company, either before, during, or after the life of this contract. It does not include authorized agents of the Company acting within the limits of their authority.
7. Term and Termination:
The commencement and termination dates are specified in the Client / User Agreement.
a) Automatic Termination:
The contract will come to an end automatically, If any provision of this contract is held invalid, illegal, or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions of the contract shall continue in full force and effect.
8. Complaints Procedure:
If a complaint cannot be resolved informally:
i) it should be submitted in writing or by email to the Company address or on firstname.lastname@example.org, marking the envelope or subject “Complaints”. The matter will then be investigated thoroughly by the Director itself who will investigate matter thoroughly, including arranging a meeting with the client where necessary. Following the investigation, a written decision will be provided to the Client.
ii) If the Client does not accept this decision, they should submit a written appeal, setting out their complaint, the Director’s decision, and why this decision is not acceptable, to the Company’s legal department, which will then carry out its thorough investigation, including, where necessary, arranging meetings with the parties, together or separately.
Following the investigation, the legal department will provide its decision, in writing, to both parties. This decision is final.
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