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Terms & Conditions


These Terms and Conditions shall apply to all quotes given or any work commissioned or contracted to be undertaken by Red Spot Limited (RSL) and shall prevail over any contrary terms or conditions contained or referred to in any order of acceptance of quote or correspondence or implied by trade custom or practice unless specifically agreed otherwise in writing by RSL.



Your access to and use of redspot.co.uk ("the Website") and/or all prevailing commissions undertaken by RSL are subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.



The contents of the Website and any subsequent literature produced by or offered by RSL does not constitute advice and should not be relied upon in making or refraining from making any decision.



Red Spot Limited reserves the right to:


change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Red Spot Limited shall not be liable to you for any such change or removal; and


change these Terms and Conditions at any time, and your continued use of the Website or services from RSL following any changes shall be deemed to be your acceptance of such change.



The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.



The Client undertakes to provide RSL with all information and assistance reasonably required for the completion of the agreed tasks, including overall business objectives and objectives for the Client’s projects including costs, timescales and required functionality, plus any relevant legal requirements, pictures, photographs, logos, artwork, product and service information, personnel and business background information.


Information and images intended for inclusion should normally be provided in digital format by email, existing internet files, CD or DVD. Any additional cost arising where the information has to be created or converted to digital format by RSL will be agreed with the Client beforehand. If digital information is supplied in a non-standard format, the client will be responsible for RSL’s reasonable costs of conversion to a usable format.


If the Client does not provide the above required content, information, text and images to RSL within normally a one month timescale from the order date, or a period mutually agreed with RSL in writing, then RSL reserves the right to charge the Client for the time spent on the client’s project at up to a rate of £65 per hour plus a project cancellation charge of up to 50% of the remaining fees due under the orders then current.


All intellectual property rights in materials provided by the Client for its projects remain the Client’s property. Subject to this, all intellectual property rights in software, design work or any other materials provided to the Client pursuant to this agreement remain the property of RSL.


All design work, artwork, graphics and source files used in the development of a project will remain the property of RSL. All resulting outputs will remain the property of the client following full and final settlement of the project.


All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Red Spot Limited or otherwise used by Red Spot Limited as permitted by law.


In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.



RSL agrees to keep the business affairs and information of the Client confidential except where necessary for the execution of their services for the Client, authorised as part of the publication of the Client’s website or by legal requirements.



The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.


To the extent permitted by law, Red Spot Limited will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website and/or any other services.


Red Spot Limited makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.


Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Red Spot Limited for death or personal injury as a result of the negligence of Red Spot Limited or that of its employees or agents.



The Client commissions RSL to provide hosting and support for the Client’s website charged on an annual basis.


The Client agrees to pay the agreed fees promptly annually in advance and in accordance with our payment terms.


The arrangement can be terminated by either party on one month’s notice in writing. No Hosting fees will be reimbursed in relation to any such termination irrespective of the amount of time outstanding on the contract.


The Client agrees to pay RSL an administration fee of £250.00 + VAT for the release and transfer of their Web Site to a Third Party ISP.


The Client agrees to take adequate measures to ensure their website or any system operated or provided by RSL is not used for transmission of computer viruses, any material that is obscene, defamatory, abusive, indecent, or illegal, nor used in a manner creating a violation or infringement of the rights of any person, firm, company or other entity.


RSL reserves the right to suspend the hosting and/or other services at its absolute discretion for the purpose of maintenance, improvement, repair or prevention of problems.


Where RSL provides the Client with e-mail facilities, web hosting or other services which involve the provision of computer storage space, RSL reserves the right to impose limits on the storage space and bandwidth provided. Such limits may be by reference to the physical amount of space made available, the number of e-mail messages held, the size of any attachments sent or any other method RSL may specify. RSL reserves the right to vary these limits from time to time and will keep the Client informed by e-mail. RSL reserves the right to refuse to accept material and/or to delete material which exceeds the relevant limit.



All work undertaken by RSL will be subject to prepayment unless otherwise agreed by RSL. An initial retainer payment amounting to no more than 50% of the total project value must be offered prior to the commencement of any work undertaken. All invoices must be paid in full on project completion unless otherwise agreed by RSL. RSL reserve the right to charge daily interest at a rate of 5% on all outstanding invoices until the account balance is cleared.



Where RSL provides services on an ongoing or continuous basis, RSL will provide the Client with one month’s notice of termination, or of any changes to relevant prices and conditions.


RSL may terminate the agreement with the Client at any time:


should the Client fail to make a due payment within 14 days of being notified that a due payment has not been made.


if the Client is in breach of any term of this agreement and the breach is incapable of remedy or, if the breach is remediable, it continues for a period of 14 days after written notice requiring the breach to be remedied has been given to the Client.


if, in RSL’ s sole opinion, the Client is using RSL services in a way likely to damage or bring disrepute onto RSL and the Client does not immediately desist from this use on written notice from RSL to this effect.


in the event of any of the above terminations, RSL reserves the right to charge the Client for the time spent on the client’s project at up to a rate of £65 per hour plus a project cancellation charge of up to 50% of the remaining fees due under the orders then current.


The client may cancel the project at any time for any reason. In this event, RSL reserves the right to charge the Client for the time spent on the client’s project at up to a rate of £65 per hour plus a project cancellation charge of up to 50% of the remaining fees due under the orders then current.



You agree to indemnify and hold Red Spot Limited and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Red Spot Limited arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website and/or our services.



If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.



These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.



Copyright © 2004- Red Spot Limited