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Our Websites terms & conditions
Client Website terms & conditions
Client Hosting terms & conditions

1. Introduction
2. Information on the Website
3. Trade Marks
4. External Links
5. Public forums and User Submissions
6. Specific Use
7. Warranties
8. Disclaimer of Liability
9. Use of the Website
10. General

1. Introduction

The Website Owner, including subsidiaries and affiliates ("Website" or "Website Owner" or "we" or "us" or "our") provides the information contained on this website or any of the pages comprising the website ("website") to visitors ("visitors") (cumulatively referred to as "you" or "your" hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website.

2. Information on the Website

Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. the Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know .

3. Trade Marks

The trade marks, names, logos and service marks (collectively "trade marks") displayed on this website are registered and unregistered trade marks of the Website Owner. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of the Website Owner.

4. External Links

External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.

5. Public Forums and User Submissions

The Website Owner is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to -

5.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;

5.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;

5.3 post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Website Owner's and/or a third party's computer system and/or network;

5.4 violate any copyright, trade mark, other applicable Great Britain or international laws or intellectual property rights of the Website Owner or any other third party;

5.5 submit contents containing marketing or promotional material which is intended to solicit business.

6. Specific Use

You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.

7. Warranties

The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company's personal information or material and information transmitted over our system.

8. Disclaimer of Liability.

The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

9. Use of the Website.

The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Great Britain ). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.

10. General

10.1 Entire Agreement.

These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.

10.2 Alteration

The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.

10.3 Conflict.

Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

10.4 Waiver.

No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

10.5 Cession.

The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.

10.6 Severability.

All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

10.7 Applicable laws.

Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Great Britain without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Great Britain in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.

10.8 Comments or Questions.

If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us .




These terms are applicable for all commissions. Additional terms relating to Website Hosting can be found under Hosting Terms and Conditions.

All services provided by Achroma Limited to the Customer are subject to the following terms and conditions.

1. Acceptance.

A copy of these terms and conditions must be signed by all new customers at the time of submission of work to Achroma Limited, indicating agreement to and acceptance of these Terms and Conditions. Alternatively, payment of an advance fee is an acceptance of our terms and conditions, a copy of which is available via our website or by fax.

2. Charges.

Charges for services to be provided by Achroma Limited are defined in the project quotation. Quotations are valid for a period of 30 days. Achroma Limited reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
All fees paid are non-refundable and once registered domain names cannot be changed in their name or extension without the costs due in the registration of a new name with the appropriate registry costs
Bespoke Web site design services require a payment of fifty (50) percent of the project quotation total once the Customer has approved one of the designs supplied by Achroma Limited. The remaining fifty (50) percent of the
project quotation total will be due upon completion of the work after upload to the server or release of materials. Charges for web design work does not cover the release of source Photoshop, Fireworks or Flash files etc.; if the Customer requires these items then a separate quotation can be prepared.
Payment for services is due by cheque or credit card. Cheques should be made payable to Achroma and sent to 13 Oakmere Avenue, Withnell, Chorley PR6 8AX.

3. Customer Review.

Achroma Limited will provide the Customer with an opportunity to review the appearance and content of the Web site during the design and once they are completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Customer notifies Achroma Limited otherwise within fourteen (14) days of the date the materials are made available to the Customer.

4. Turnaround Time and Content Control.

Achroma Limited will install and publicly post or supply the Customer’s Web site by the date agreed, or if no such date is specified, within four weeks of the date initial payment is received from the Customer, unless a delay is specifically requested by the Customer and agreed by Achroma Limited.
In return, the Customer agrees to delegate a single individual as 'first-point-of-call' to aid Achroma Limited with
progressing the commission in a satisfactory and expedient manner.

During the project, Achroma Limited will require the Customer to provide copy and images.

If content is not provided within four (4) weeks of an official request by email then Achroma Limited reserves the right to advise the Customer of a revision to the final payment fee based on new or revised pricing schedules that may be introduced from time to time. If content is not provided within eight (8) weeks from the original email request then the Customer is
considered to be in default of the commission, the project will be terminated and the Customer sent the final invoice for immediate payment. Achroma Limited will agree, at its discretion, to recommence the commission after agreement is reached on a new quotation document and once the original fees have been paid.

5. Payment.

The Customer has the right to withdraw from or cancel their Service Agreement with Achroma Limited within the first 72hrs of any new agreement in writing by recorded post only. Any domain transfers should be made in writing via email only and no refunds will be due for domain registrations.
Invoices will be provided by Achroma Limited upon completion of bespoke work for the initial design, and for the completion of the site and any associated services. Invoices are due upon receipt.

6. Default.

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Customer in default maintains any information or files on Achroma Limited's Web space, Achroma Limited will, at its discretion, remove all such material from its web space. Achroma Limited is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Customer of the obligation to pay any outstanding charges assessed to the Customer’s account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Customer’s account will immediately be considered to be in default until full payment is received. Customers with accounts in default agree to pay Achroma Limited reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Achroma Limited in enforcing these Terms and Conditions.

7. Termination.

Termination of services by the Customer must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Customer will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

8. Legal Restrictions.

Terms and Conditions relating to hosting account content and usage may be found under Hosting Terms and Conditions.

9. Copyright.

The Customer retains the copyright to data, files and graphic logos provided by the Customer, and grants Achroma Limited the rights to publish and use such material. The Customer must obtain permission and rights to use any information or files that are copyrighted by a third party. The Customer is further responsible for granting Achroma Limited permission and rights for use of the same and agrees to indemnify and hold harmless Achroma Limited from any and all claims resulting from the Customer’s negligence or inability to obtain proper copyright permissions. A contract for Web site design and/or placement shall be regarded as a guarantee by the Customer to Achroma Limited that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

10. Standard Media Delivery.

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Customer in electronic format (delivered on disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or
electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Achroma Limited to return to the Customer any images or printed material provided for use in creation of the Customer’s Web site, such return cannot be guaranteed.

11. Design Credit.

A link to Achroma Limited will appear in either small type or by a small graphic at the bottom of the Customer’s Web site. If a graphic is used, it will be designed to fit in with the overall site design.

12. Access Requirements.

If the Customer’s Web site is to be installed on a third-party server, Achroma Limited must be granted temporary read/write access to the Customer’s storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

13. Post-Placement Alterations.

Achroma Limited cannot accept responsibility for any alterations caused by a third party occurring to the Customer’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

14. Domain Names.

Achroma Limited may purchase domain names on behalf of the Customer. Payment and renewal of those domain names is the responsibility of the Customer. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Achroma Limited. The Customer should keep a record of the due dates for payment to ensure that payment is received in good time.
Achroma Limited may also register a domain to an individual and/or company on a per domain basis and the
individual or company is granted exclusive use of this domain so long as all fees are paid and the balance of any accounts are kept up to date.

15. General.

These Terms and Conditions supersede all previous representations, understandings or agreements. The Customer’s signature on the quote provided or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions.

16. Governing Law.

This Agreement shall be governed by English Law.

These terms supplement our standard terms and conditions.
Achroma Limited provides World Wide Web page hosting through PIPEX Communications UK Ltd.


SERVER USE
Accounts are to be used by the primary owner only. Account holders are not permitted to resell, store or give away web-hosting services of their website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified and personal ads.
Achroma Limited reserves the right to refuse service and/or access to its servers to anyone.
Achroma Limited do not allow any of the following content to be stored on its servers:
Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any National or Local regulation.
Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Achroma Limited.
Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
Achroma Limited reserves the right to suspend or cancel a customer's access to any or all services provided by Achroma Limited when Achroma Limited decides that the account has been inappropriately used or otherwise.


UNLIMITED USE POLICY
High bandwidth usage: Achroma Limited offers a high use policy by maintaining very large ratios of bandwidth per customer. In rare cases, Achroma Limited may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, Achroma Limited reserves the right to impose the High Resource User Policy for the consideration of all customers.

HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor utilization. Achroma Limited may implement the following policy to its sole discretion:
When a website is found to be monopolising the resources available Achroma Limited reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby Achroma Limited continues hosting the website for an additional fee.


SPAM GUIDELINES
Unsolicited email (spam) is considered an unacceptable use of a domain. Whether the unsolicited email originates directly from the Customers webspace area or otherwise, abuse reports received concerning a domain may result in suspension or closure of the service without refund.

PAYMENT POLICIES
All accounts are set up on a prepay basis. Although Achroma Limited 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 each anniversary year following the date the account was established.
All renewal payments must be received at least 14 days in advance of the renewal date to ensure that no disruption to the service is incurred. Achroma Limited reserves the right to suspend this and other services until any outstanding debt is cleared. Achroma Limited will not be responsible for any data lost due to non-payment closure of an account. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request.

Failure of the customer to fully pay any invoice within 30 days after the applicable due date shall be deemed a
material breach of these Terms and Conditions justifying suspension of the performance of the Services by Achroma Limited, and will be sufficient cause for immediate termination of this agreement. Achroma Limited may withdraw the Web Site from the World Wide Web (if hosted by or on behalf of the Achroma Limited) forthwith in this event. Any such suspension does not relieve the customer from paying past-due fees plus interest. The
customer shall be liable for any costs associated with such fee recovery, including, but not limited to, legal costs, court costs, and collection agency fees.

CANCELLATION AND REFUNDS
Fees charged on a prepay basis are non-refundable.

INDEMNIFICATION
The customer agrees that it shall defend, indemnify, save and hold Achroma Limited harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Achroma Limited, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the customer, its agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless Achroma Limited against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Achroma Limited' server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Achroma Limited's server.

DISCLAIMER
Achroma Limited will not be responsible for any damages your business may suffer. Achroma Limited makes no
warranties of any kind, expressed or implied for services we provide. Achroma Limited disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by Achroma Limited and its employees. Achroma Limited reserves the right to revise its policies at any time.


MAINTENANCE
Unless a separate maintenance agreement has been agreed with the customer, for the duration of the hosting Achroma Limited, any changes to the website will be charged for at an agreed rate.

The customer shall submit to Achroma Limited written notification of any changes or additions required in detail, along with all text, images and other content at least five working days before such changes or additions are required to be uploaded to the world wide web.
Achroma Limited shall use commercially reasonable efforts to implement such changes and additions.

Upon completion, if the customer has not made any requests for revisions by the end of 14 days such changes or additions shall be deemed accepted.

 
 
 
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