Digital Chilli Terms and Conditions of Sale

1. Payment
Website Hosting & e-Commerce Plus packages. 100% payment on acceptance of order.

Website design and all other services. **Unless previously agreed payment is in three stages,

Stage 1 : 1/3 Payment on acceptance of order.
Stage 2 : 1/3 Payment on publication, installation or delivery of software/hardware.
Stage 3 : 1/3 Payment 30 days from receipt of invoice.

Any payment over 45 days will be subject to 5% surcharge unless previously agreed.

** All agreements must be in writing and detailed on headed Digital Chilli Ltd note paper.

All Software sales, 100 % payment in advance. a full refund is available 14 days after order providing the software has been returned and in its original packaging unopened and is fit for sale. Digital Chilli Reserve the right to class a product fit for sale.

Uk Law governs all Purchases from the customer to Digital Chilli Ltd. Your Statutory rights are not effected by this agreement.

All services, equipment or software remain the property of Digital Chilli until payment in full has been received.

Final payment and or publishing of designed website / Software, will be considered as final agreement to functionality and design of website / Website. On receipt of final Payment Digital Chilli Considers that the design and implementation of the said website has been signed off and will not be held responsible for any financial loss ( See Limitation of Liability ) or damage.

2 Limitation of Liability

2. All terms conditions, warranties, undertakings inducements and representations, whether express or implied, statutory or otherwise relating to the provision of services by Digital Chilli Ltd not contained in the Agreement are excluded and Digital Chilli Ltd WILL NOT ACCEPT LIABILITY FOR ANY LOSS OR DAMAGE (INCLUDING CONSEQUENTIAL LOSS OR DAMAGE) HOWEVER CAUSED (WHETHER BY NEGLIGENCE OR OTHERWISE) WHICH MAY BE SUFFERED OR INCURRED OR WHICH MAY ARISE DIRECTLY OR INDIRECTLY with respect to the service.

2.1 Where any applicable legislation implies any term, condition or warranty into the Agreement or in respect of Digital Chilli Ltd relationship with you, or otherwise gives you a particular remedy against Digital Chilli Ltd and the legislation or any other legislation renders void or prohibits provisions excluding or modifying the application of, exercise of, or liability under such implied term, condition, warranty or remedy will be deemed to be included in the Agreement or as the case may require apply to the relationship between Digital Chilli Ltd and you. However, Digital Chilli Ltd liability for any such breach of such implied term, condition or warranty or under such remedy, will be limited, at Digital Chilli Ltd’s option, in any one or more of the ways permitted in that legislation, including, where so permitted if the breach relates to Services the supplying of those services again or the payment of the cost of having those Services supplied again.

2.3 You acknowledge that web sites cannot be guaranteed to be 100% error free in construction and acknowledge that the existence of errors falling short of a complete failure of consideration in the site shall not constitute a reason to terminate this agreement.

Suspension of Services

3. Digital Chilli Ltd reserves the right to suspend services in any case where you fail to perform your obligations under this agreement. If payment for services is not received within the terms of payment stipulated by us websites may be taken down until payment is confirmed.

Termination

4. Digital Chilli Ltd may discontinue services if an amount payable to Digital Chilli Ltd is overdue or take down a website permanently in any case where an amount payable is overdue by more than 30 days. In any such event, you remain liable for the total cost of the contract including all disbursements; unless otherwise agreed between the parties.

Contents of Web Pages

5 You will be solely responsible for the content of your Web Page. Digital Chilli Ltd is not responsible for proofreading the content of site unless specifically agreed.

5.1 Digital Chilli Ltd makes no representations to you concerning the content or functionality of your Web Site. This is your responsibility to ensure that it meets your requirements.

5.2 If you provide Digital Chilli Ltd with goods, material, photographs, film, data or information to be used in any form, you hereby warrant that these do not infringe the rights of third parties and indemnify Digital Chilli Ltd against any action taken against Digital Chilli Ltd by any such third party.

5.3 Without limiting the generality of the foregoing, you agree not to infringe the copyright trademark, privacy or personal or proprietary rights of third parties, supply libelous, abusive, obscene material or disparage the products or services of any third party.

5.4 Digital Chilli Ltd for its part hereby undertakes not to knowingly infringe the rights of third parties in activities conducted on your behalf.

Technical Support, Changes and Maintenance

6 Technical assistance via telephone or email will be offered.

Technical support times are 9 - 5 pm Monday to Saturday

Web Hosting

7 If you choose to organise your web hosting arrangements yourself, final exported sites will be uploaded to your preferred host company.

7. 1 Please note that Digital Chilli Ltd accepts no responsibility for delays or down time, breakdowns or data loss caused by Internet Service Providers (ISPs)

7. 2 Customers who are just hosting website with us are subject to further conditions click here for details

7.3 Nominet reserve the right to suspend or terminate any UK TLD Click here for there terms and conditions.

Dispute Resolution

8 The parties agree that if any dispute should arise under this agreement, attempts in good faith by both parties will be made to resolve the matter fairly before resorting to court procedures. In doing so, each party agrees to use its best endeavors to:

Clearly communicate in writing the background facts leading to or causing the dispute
Set out clearly what action is required to settle the dispute
Select a way of resolving the dispute and explain why that way of resolving the dispute can be said to be a fair resolution
Discuss specific means of avoiding such disputes in the future

8.1 Attempts to resolve the dispute must follow the following procedure:
a) The person complaining shall set out in writing the background, the issues and the outcome desired.
b) The person to whom the complaint is addressed will reply in writing within 14 business days to each issue in dispute setting out its perspective on the issue and the outcome desired.
c) Action taken to settle the dispute at each stage must be undertaken promptly and the parties shall equally share the costs associated with the this dispute settlement procedure.

Intellectual Property

10 All creation files remain the property of Digital Chilli Ltd.

10.1 Digital Chilli Ltd retains the Copyright in and the right to use all artwork created in advancing the profile of Digital Chilli Ltd and to be recognized for artwork created by Digital Chilli Ltd.

10.2 Digital Chilli Ltd shall be free to reproduce, use, disclose display exhibit, transmit, perform, create derivative works, and distribute any item from your Web Page unless specifically agreed otherwise. Further, Digital Chilli Ltd shall be free to use any ideas concepts know-how or techniques acquired in construction of sites for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and other items incorporating such information unless specifically agreed otherwise.

10.3 Digital Chilli Ltd observes Privacy Laws and Guidelines relating to personal data.

Search Engine Placement

11 When submitting to search engines,Digital Chilli Ltd to submit to the major search engines. The search engines submitted to may change from time to time due to factors beyond or control and may be changed without notice.

11.1 Whether a third party search engine actually lists a site that is submitted by Digital Chilli Ltd is totally upto the discretion of the individual search engine and may take from minutes to months to appear in the search engine Digital Chilli Ltd will take all reasonable endevours to try and get a website listed with an search engine.

11.2 Digital Chill Ltd will not guarantee the position a website is listed within a search engine.

General

12.1 If any of these terms and conditions (or part of them) is void or unenforceable, it is taken to be removed and no longer forms part of the Agreement between us. The remaining terms and conditions remain in full force and effect.

12.2 Written communications between us may take the form of letters, formal documents, faxes or emails.

12.3 Digital Chilli Ltd reserve the right to change and modify these terms and conditions at any time