Laser Technik Ltd
Providing Internet services for over a quarter of a century
Terms and Conditions
- Application of Conditions: Contracts and orders are accepted upon and subject to the condition of sale shown herein. Unless expressly accepted in writing, any qualification of these conditions contained in any written or printed document of the buyer shall be deemed to be inapplicable. The terms and conditions are subject to change at any time without prior notification being presented to any party.
“Goods” relates to internet services provided by the seller including but not limited to: internet domain names, web site hosting, web sites.
- References herein to “the client” or “the buyer” must be regarded as indicating the organisation commissioning the task
- The client must appoint a designated primary contact whose decisions and directions in respect of the task will be regarded as having the full authority of the client
- References herein to “Us”, “We” “the company” or “Laser Technik” should be regarded as meaning Laser Technik Ltd or any successor organisation in the event of a change to company structure or ownership.
- Delivery: Timely delivery is contingent on the engagement and responsiveness of the client in respect of providing material content, approvals for ongoing work and timely response to any queries arising. Where a period is named for delivery, client committments in respect of providing materials, approvals and responses have been met and such period is not extended by mutual consent in writing or under the provisions of clause 8 hereof, the buyer shall take delivery within that period.
- Service availability: while we strive to keep the Services up and running, our Services are not offered with a guaranteed level of quality of service. Since 1995 service availability has been better than 99.99%, but past performance is no guarantee of future results.
- Estimated Delivery Date: Any time or date for delivery named by the seller is an estimate only and the seller shall not be liable for the consequences of any delay.
- Risk: The risk in respect of all the goods supplied under the contract or terms shall pass to the buyer upon the goods being delivered to the buyer as provided in the contract or in accordance with the buyers delivery instructions but not withstanding such delivery the property in the goods shall not pass to the buyer except as provided in condition 5 hereof.
- Ownership of Goods: All goods delivered shall remain the property of the seller until such time as those goods have been paid for in full and all other goods agreed to be sold by the seller to the buyer for which payment is then due have been paid in full. Intellectual property in a web site is complex, aspects being sourced from multiple providers (see note 15).
- The completed site, in the condition it is received on completion, is licensed to the buyer.
- Text and images provided by the buyer are used by the seller in good faith that the buyer owns or is licensed to use those items in this context.
- Materials provided by the seller, design, layouts, bespoke coding are licensed to the buyer for use in the context of the completed web site.
- Materials provided by the seller but sourced from third parties are subject to those third-parties’ license terms. Some future upgrades may require a license renewal fee if the upgrade is required.
- Defective goods: Goods represented by the buyer to be defective shall not form the subject of any claim for work done by the buyer or for any loss, damage or expense whatsoever arising directly or indirectly from such defects, but such goods, if returned to the seller and accepted by him as defective, will at the request of the buyer and if practicable be replaced as originally ordered. Defects in any delivery shall not be a ground for cancellation of the remainder of the order or contract.
- Suspension of Deliveries: Deliveries may be wholly or partly suspended and the time of such suspension added to the original contract in the event of stoppage, delay or interruption of work in the establishment of either the seller or buyer during the delivery period as a result of strikes, lockout, trade disputes, breakdown, accident or any cause whatsoever beyond the control of the buyer or seller respectively.
- Determination of Contract: If the buyer shall make default in or commit any breach of this contract or any other of his obligations to the seller, or if any distress or execution shall be levied upon the buyers property or assets, or if the buyer shall make or offer to make any arrangement or composition with creditors, or commit any act of bankruptcy, or of any petition or receiving order in bankruptcy shall be presented or made against him, or if the buyer shall be a limited company and any resolution or petition to wind up such company’s business (other than for the purpose of amalgamation or reconstruction) shall be passed or presented, or a receiver of such company’s undertaking, property or assets or any part thereof shall be appointed, this shall forthwith determine any contract then subsisting contracts shall be deemed to have been determined without prejudice to any claim or right the seller might otherwise make or exercise.
- Arbitration: Any dispute under this contract shall be referred to an arbitrator or arbitrators to be appointed by the parties, or in the default of agreement by the president of the law society for the time being, and his or their decision shall be binding on both parties, and this shall be a submission to arbitration within the Arbitration Act, 1950, or any statutory modification thereof for the time being in force.
- Acceptance: No binding contract shall be deemed to have been effected by the acceptance on the part of the buyer or a quotation or offer made by the seller, until the seller shall have confirmed such contract. By any form of trading or placing and order it is understood that you accept our terms of business.
- Price Variation: In this context “raw materials” relates to services purchased by the seller in order to fulfil the contract including but not limited to: software, domain name services, web hosting services.
Any price quoted by the seller or comprised in the order or contract is provisional only and will be subject to the following condition:-
Where the seller can obtain raw materials at a firm figure on the date on which the price comprised in the contract is named he will not vary the price in consequence of variation in the cost of such raw materials in respect of contracts accepted for delivery within three months of the date of the contract.
- In the case of other raw materials the price will be varied according to the figure at which the seller is able to purchase the raw material.
- In the case of orders or contract or any part thereof accepted for delivery within three months of the date of acceptance of the order or contract the price will remain firm.
- In the case of orders or contracts or any part thereof accepted for delivery beyond three months of the date of acceptance of the order or contract the price will be subject to such reduction or increase as may be applicable at the date of dispatch of goods and of each consignment thereof in consequence of variations in costs other than the cost of raw material.
- The projected cost of website and program coding tasks is an estimate, it is heavily dependent on the client for
- the engagement and responsiveness of the client
- providing material content to the specified standards
- timely approvals by the client for ongoing work
- timely response to any queries arising
- a committment not to retrospectively change specifications in respect of work completed and approved
- Terms of Payment: All invoices shall be due for payment at the time stated on the invoice. For payment dates indicated as 28 days the invoice will be due for payment on the last banking day closest to the 28 day period or the first banking day after the 28 day period, or other such date(s) indicated on the invoice, unless prior payment terms and agreements have been made between all parties concerned. Any sums due to the seller, if unpaid after the date shall be liable to pay interest at the rate of 4% above the base rate of the sellers banking facilities from time to time calculated from the date payment was due until the date of actual payment.
All payment will be in GBP Sterling unless prior terms and arrangements have been accepted by all parties concerned and may be subject to further bank charges.
- Insurance: Liability by the vendors shall be limited to the value of the goods supplied/in trust or the maximum single article/claim limit; the vendors will not be liable for any consequential losses related in any way to the goods supplied.
- All correspondence relating to a commission or sale will be considered part of the contract, whether by electronic or paper or any other means.
- All copyrights relating to any works sold remain the property of the maker, unless otherwise agreed in writing.
- Materials provided by the buyer (including but not limited to: textual content, images) remain copyright of the buyer or whomsoever created those materails the buyer provided.
- It is the buyers responsibility to ensure they have permission to use any materials they provide.
- The purchaser of any commissioned article is only buying title to those finished goods listed in the sale, and not to any designs, software or intermediate forms in any medium whatsoever. Neither do they have any right to reproduce such article(s) sold in any medium. Should any purchaser wish any such rights, they will be the subject of a separate sale
- The vendors assert their moral rights to the intellectual property attached to all work.
- Any materials or services sourced from a third party are provided subject to the terms under which they were provided by the third party. Examples include but are not limited to: commercial images, software licenses.
- All title to goods supplied remains with the vendor until full payment has been made.
- Prior arrangement and agreement may sometimes be in place for staged payments. A first part (one third of the estimated final cost) due on agreement to proceed, the same when the first draft is complete and the balance due on delivery of the completed work. All payments will be subject to the purchaser having reasonable rights of inspection of the work.
- Liability by the vendors shall be limited to the value of the goods supplied; the vendors will not be liable for any consequential losses related in any way to the goods supplied.
- In the event of any dispute, English Law will apply; any such court proceedings thereof will apply to the court local to or nominated by the seller.
- The terms and conditions are subject to change at any time without prior notification being presented to any party.
- SEO: (Search Engine Optimisation). SEO services provide some mechanisms intended to render links to the web site more prominet in search results. Effective SEO is very labour intensive and costly. Laser Technik is not an SEO company and make no claims in respect of the effectiveness of a web site. There are numerous providers offering a raft of marketing techniques intended to raise the prominence of a web site on social media platforms and in search results. Laser Technik does aim to adhere to the core principles set out by Google in respect of their Search service where possible. Laser Technik will implement an “SEO plugin” where appropriate to enable the client to undertake some end-user SEO tasks.
- Intellectual property, clarification: a web site is constructed from images, text, bespoke coding (programming), the seller’s creative design and layout work, underlying/additional software. The underlying/additional software and other components may be sourced from third parties and is subject to their terms.
An analogy can be drawn with common desktop computer software such as Microsoft Office and Windows. The end-user doesn’t “own” the software but has a limited license to use it. It is subject to updates; bug and security fixes; upgrades.
Many of those are essential but free.
Less frequently there is a major upgrade which is not free. There is usually a period of grace during which free bug and security fixes will continue to be provided.
It would be great if it were possible to create robust software but tens of millions of lines of code are involved and even a punctuation mark out of place or a change in interactions with other software can cause a problem. Even such critical software as that used in commercial passenger aircraft (remember the Boeing 737 MAX) can fail. In any case a stable product will be under continual development with new features being added.
Most new-build web sites globally are now constructed using an “open source” software product called WordPress for which no charge is (currently) applicable. Read more about licensing for WordPress and associated program code here.
- Applicability: These terms are subject to occasional update, the company aims to adhere to the terms applicable at the time a web design or program coding contract is initiated until the task is completed. Future tasks and renewals will be subject to the terms applicable at the point of request or renewal.
- Invoicing: New clients are required to make staged payments. Existing clients will normally receive one annual invoice incorporating: web and email service provision costs, internet domain name renewal fees, fees in respect of any accumulated small tasks. Individual small tasks are changes requested by the client. They will be added to and itemised on the annual invoice in order to minimise administration costs for both the company and the client.
- Termination: The company aim to advise the client of any intened termination of service in a timely manner. Clients are required to give notice of an intention to terminate services 4 weeks ahead of their annual renewal date or will be liable to pay the invoice. A final invoice will be issued to cover any accumulated small tasks. If a web site, email accounts, domain names are to be transferred to another provider a handling charge is applicable.
- Authority: We will only take action in respect of any client services on the direct authority of the web site owner. We will not act on requests for any third party claiming to be making that request on behalf of the client nor on any request from an individual claiming to be an employee but not known to us. We can provide the client with a unique code to “prove” identity in future work requests. Having provided such code the company will regard it as authoratitive and it becomes the client’s responsibility to ensure its future confidentiality.