Breathe365 Limited

www.breathe365.com

Terms and Conditions

BY PLACING AN ORDER WITH BREATHE 365 LIMITED, YOU CONFIRM THAT YOU ARE IN AGREEMENT WITH AND BOUND BY THE TERMS AND CONDITIONS BELOW.

The following terms and conditions apply to all design and interactive services offered by Breathe365 Limited.

We reserve the right to refuse to construct a design, which we may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to UK laws.
(i) Breathe365 Limited cannot always guarantee to start work immediately on a an order but will arrange a date with the client as to when work can commence.
(ii) All quotes/estimates are only valid for a period of 30 days following the date of the estimate/quote provided by Breathe365 Limited.
(iii) Content to be used in a design commission must be supplied within 30 days following the date of the deposit invoice.
(iv) Should content not be supplied within 30 days (or an alternatively agreed time limit) following the deposit invoice, then the commission will be cancelled and there will be no refund of the deposit and Breathe365 Limited will bill the client for the work undertaken during this period.
All material, both text and images, supplied by the client and used in the construction of a client's design, will remain the client's property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws.
The copyright for all material provided by Breathe365 Limited, such as HTML code, graphics, photographs and text, will remain the property of Breathe365 Limited until such time as payment has been made in full whereupon they will become the property of the client. Certain scripts remain the interllectual property of Breathe365 Limited and therefore can only be used when Breathe365 Limited host the website.
(i) A Deposit is non-refundable in the event of cancellation, except when the "cooling off" period applies.
(ii)There will be a period of seven working days from the date of the deposit invoice for the client to cancel the order. This is known as the "cooling off" period. To cancel your order within the "cooling off" period, this must be done in writing to Breathe365 Limited, Parr Street Studios, 33-45 Parr Street, Liverpool L1 4JN, or by email to info@breathe365.com
(iii) The seven working days run from the day after you agreed to proceed with the contract. “Working days” means Monday to Friday, excluding bank or other public holidays.
Breathe365 Limited makes every effort to design web pages which display acceptably in the most popular current browsers, but cannot accept responsibility for pages which do not display acceptably in new versions of browsers released after pages have been designed.
Breathe365 Limited will submit a client's website to several of the major search engines as part of the design commission. If a client wishes Breathe365 Limited to promote a web site as a separate commission, Breathe365 Limited will make every reasonable effort to promote the website effectively but cannot guarantee specific positioning in search engine results.
Breathe365 Limited can accept no responsibility or liability if any search engine, online directory or search site, submitted to as part of a web site promotion commission, chooses not to list a client's web site.
Breathe365 Limited will initially place the client's website or other commissioned design work on one of Breathe365 Limited 's demonstration servers during an order, so that the client may view and comment upon the design's progress. When both Breathe365 Limited and the client agree that the design meets the criteria agreed during the commissioning process, Breathe365 Limited will invoice the client for the full amount due for the commission. On receipt of payment, Breathe365 Limited will publish the website on the client's server, or provide the source code for the site via a download (or cd-rom disk) for the client to upload. For other design work, once payment is made in full they will receive the designs in full.
If at any point during the design or development cycle a client wishes to cancel, they may do so but will be invoiced an amount that Breathe365 Limited judges to be proportional to the amount of work completed on the commission.
If, during the Website Development Cycle, the client does not supply the content required in order to complete the commission or does not contact Breathe365 within a reasonable amount of time, Breathe365 Limited will consider that the client wishes to cancel the commission and will bill the client for the amount of work carried out by Breathe365 Limited
Breathe365 Limited expects payment by cheque, credit/debit card via PayPal or cash within 7 days of the date on the invoice. 7% interest will be added to the total amount of any bill which is a late payment.
Any payment returned by the bank or credit card company will incur a £25 administration charge. This will be invoiced and will be added to the total outstanding debt owed by the client.
Breathe365 Limited does not undertake to maintain or update a client's website as part of the design commission. If a client wishes Breathe365 Limited to maintain or update a web site as a separate commission, Breathe365 Limited will negotiate with the client a maintenance contract appropriate to the amount of work required. Web site maintenance may also be undertaken on a time and materials basis if the client so wishes.
Breathe365 Limited reserves the right to alter prices at any time without notice. If a client has commissioned any services from Breathe365 Limited prior to a change in prices, that commission will not be subject to any increase, but any subsequent commission may be subject to an increase.
Responsibility for the adherence to UK law regarding disability accessibility rests with the client and not with Breathe365 Limited. Adhering to accessibility guidelines may involve additional expense depending on a client's requirements.
(i)Any website which is hosted by Breathe365 Limited, must be paid for by the client in full before the expiry date. If the web hosting invoice is not paid in full then Breathe365 Limited can suspend or terminate any or all hosting services which the client had previously paid for. Breathe365 Limited will not be held liable for any consequences when a hosting account is terminated or suspended.
(ii)All services provided by Breathe365 Limited on behalf of the client are set up on a pre pay basis and the client shall pay an annual renewal fee on each 12 month anniversary of the date on which the provision of the services was activated.
(iii)In the event of a dispute as regards this date, the company's decision is final.
(iv)Breathe365 Limited reserves the right to change the price in respect of any hosting services or the annual renewal fee provided to the client but all prices shall be fixed for the pre pay rent period.
(v)Client agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by the client. Breathe365 Limited will monitor client's bandwidth and disk usage. Breathe365 Limited shall have the right to take corrective action if client's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Breathe365`s sole and absolute discretion. If Breathe365 takes any corrective action under this section, client shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a client exceeds the included allocation, Breathe365 may, at its sole discretion, require a deposit from the client, in an amount determined by Breathe365.
(vi)Should you wish to increase the space of your hosting package, then this will require an additional fee, which will need to be paid for before the increase is made. The cost of the hosting server space increase will be dependant upon the amount of space required.
Hosting fees are not refundable should you decide to move to another provider within the hosting term paid for.
(i) All HTML and XHTML pages created for you will be owned by you providing the pages are for your own use only. They must not be sold or given to a third party without written permission from Breathe 365 Limited.
(ii) If you decide to move to another hosting company, HTML pages may be moved away from us, but all dynamic coding including ASP, PHP, JavaScript and Flash Files must remain on our server.
(iii) All dynamic programming code including ASP, PHP and JavaScript is created and supplied on a ‘use of the coding function’ only basis and will entirely remain the property of Breathe 365 Limited.
The web sites designed by Breathe 365 Limited are done so at the exclusive direction of and based on information provided by each individual web site owner. The sole and entire responsibility for that same information rests with each individual website owner.
SPAM and Unsolicited Commercial Email (UCE): Breathe365 takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that clients of Breathe365 may not use or permit others to use our network to transact in UCE. Clients of Breathe365 may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy will be treated as a fundamental breach of these terms and conditions and if substantiated by us at our discretion will lead to termination of service.
Upon receipt by us of notification from any source of an alleged violation of our SPAM policy, Breathe365 will initiate an immediate investigation (within 48 hours of notification). During the investigation, Breathe365 may restrict client access to the network to prevent further violations. If a client is found to be in violation of our SPAM policy, Breathe365 may, at its sole discretion, restrict, suspend or terminate client's account. Further, Breathe365 reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Breathe365 will notify law enforcement officials if the violation is believed to be a criminal offence.

If the investigation confirms that our SPAM policy has been violated we will invoice you for an Administrative Fee of £200 to cover the costs of the investigation and your account will be reviewed for possible immediate termination, at our absolute discretion. If we agree to maintain your account and any subsequent investigation following any further notification of an alleged a second violation is confirmed we will invoice you for a further Administrative Fee of £400 and immediately terminate your account. PLEASE, DO NOT SPAM from your account.
Breathe 365 Limited shall not be liable in any way whatsoever for:

Our need to cancel hosting service contract periods should our hosting provider go out of business.

Any damage of any kind (direct, indirect, consequential, incidental or punitive) which results from the use of, access to or inability to use the information contained in any web site which it has designed.

Any errors or omissions in the contents of any work which it has designed.

Any other website which you may link to from any of Breathe365 Limited's company websites (Breathe365.com or Breathe365.net) are not the responsibility of Breathe365 Limited. Therefore Breathe365 Limited will not be liable for any damages that may occur from any website linked to from our company websites.

Any damages to or viruses that may infect a site visitor’s computer equipment, data or other property which result from a site visitor’s access to, use of or browsing in any site designed by Breathe 365 Limited.

Any damages which result from the downloading of material, data, text, images, video or audio from any site designed by Breathe 365 Limited.

Any content in any site linked to a site designed by Breathe 365 limited and any resulting damages from a site visitor’s access to any such linked site – site visitors link to any other such sites at their own risk.

Should Breathe 365 Limited work to any directive from a site owner to change the site content then such work is undertaken on the clear understanding that no liability whatsoever relating to such changes is assigned to Breathe 365 Limited.

Breathe 365 Limited will not be responsible for any damages arising from or relating to the use of any web site created by or any goods or services provided by Breathe 365 Limited including web hosting and internet marketing services or obtained in any manner through or in connection with any web site. Breathe 365 limited makes no warranties of any kind, expressed or implied for the service it provides.

Breathe 365 Limited disclaims any warranty or merchantability or fitness for a particular purpose. Without limiting the foregoing, Breathe 365 Limited shall not be liable for loss of data resulting in delays, non delivery, wrong delivery, or any and all service interruptions caused directly or indirectly by Breathe 365 Limited.

Breathe 365 limited shall not be liable to any business for any incidental, consequential, special, or punitive damages or lost or imputed profits or royalties arising out of this agreement or any goods or services provided, whether liability is asserted in contract (including negligence and strict product liability) and irrespective of whether advice has been given of the possibility of any such loss or damage.

The provisions set forth above allocate the risks under this agreement between the parties and it is agreed that such allocation and limitation are not unenforceable.
By agreeing to these terms and conditions your statutory rights are not affected.

Breathe 365 Limited reserves the right to revise its terms, conditions and charges at any time and without prior notice.

If you have any complaints about the quality of service you have received from Breathe365 Limited please e-mail the managing director (md@breathe365.com), or write to us at:-

Breathe365 Limited
Parr Street Studios
33-45 Parr Street
Liverpool
L1 4JN
United Kingdom

Telephone : 0151 324 0188 - Please note that we do not accept unsolicited sales calls on this number

stating the full nature of your complaint. We take customer satisfaction very seriously and will investigate your complaint promptly and thoroughly.

T&C last updated 2nd January 2007

Breathe365 Limited Company No. 05308091 - Registered Address: 63 Market Street, Hoylake, Wirral CH47 2BQ