The Client: The company or individual requesting the services of ecce. Ltd..
ecce. Ltd.: website designer/developer, IT solution provider, site owner & employees or affiliates.
ecce. Ltd. will carry out work only where an agreement is provided either by email, telephone, mail or fax.
An 'order' is deemed to be a written or verbal contract between ecce. Ltd. and the client, this includes telephone and email agreements.
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, ecce. Ltd. cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website graphics and any databases remain the property of ecce. Ltd. until all outstanding accounts are paid in full.
Any scripts, or software (unless specifically agreed) written by ecce. Ltd. remain the copyright of ecce. Ltd. and may only be commercially reproduced or resold with the permission of ecce. Ltd.
An ecce. Ltd. logo or link may be placed on the site.
ecce. Ltd. cannot take responsibility for any copyright infringements caused by materials submitted by the client.
We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to the brief will be carried out at the discretion of ecce. Ltd. and where no charge is made by ecce. Ltd. for such additions, ecce. Ltd. accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to ecce. Ltd. all materials required to complete the site to the agreed standard and within the set deadline.
ecce. Ltd. will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
ecce. Ltd. will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
ecce. Ltd. will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
ecce. Ltd. will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. if the client decides they no longer want the site, as they have commissioned the work they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
Intellectual Property Rights
All patents, copyright, trade marks or other intellectual property rights, methodologies, techniques, scripts, coding, designs ideas, know how and solutions developed by ecce. Ltd. (unless specifically agreed in writing) remain with ecce. Ltd.
Database, Application and E-Commerce Development
ecce. Ltd. cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, or software (unless specifically agreed) written by ecce. Ltd. remain the copyright of ecce. Ltd. and may only be commercially reproduced or resold with the permission of ecce. Ltd..
Where applications or sites are hosted on servers not operated by ecce. Ltd., the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client's responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by ecce. Ltd. before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, ecce. Ltd. will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief, such work may be billable.
Where the client has the ability to change or alter the site content or functionality, it is the onus of the client to ensure site integrity after any changes are made. ecce. will not be accountable for any lost of earnings or search engine visibility as a result of these client actioned changes or requests. ecce. Ltd. will endeavour (but is not obliged to) to address these issues, however such work will be billable.
Industry standard HTML, ASP, XML & FLASH will be utilised as appropriate and will allow cross platform viewing.
ecce. Ltd. can offer no guarantees of correct function with all browser software.
We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
ecce. Ltd. reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.
It is the general policy of ecce. Ltd to act as a provider of an internet presence. ecce. Ltd. reserves the rights to suspend or cancel a customer's access to any or all services provided by ecce. Ltd if we decide that the account has been inappropriately used. This misuse may be the hosting of inappropriate or copyrighted material, distribution of viruses and/or using the hosting services as off-site storage for non business related files.
This list is not exhaustive. The use of ecce. Ltd servers for the distribution of SPAM will not be tolerated and will result in immediate service suspension.
Domain Name registration
ecce. Ltd. is not and does not act as a domain name registrant, but acts as an agent for both the client and the registrant concerned.
ecce. Ltd. registers domain names, in their clients' names, on behalf of the client, with various registrants. The ownership of the domain name is only assured when the registration has been effected and not before.
These registrations are bound by these terms & conditions and the terms and conditions of the various naming authorities - in the case of .co.uk it is Nominet.
ecce. Ltd registers these domain names in good faith, with the understanding that the client has the right to use such name or trademarks.
ecce. Ltd. will not be liable for any costs incurred, compensation or loss of earnings should the client, registering the domain, infringe on the rights of any third party.
Payment of Accounts
A deposit may be required from a new client before any work is carried out.
It is company policy that any outstanding accounts for work carried out by ecce. Ltd. or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with ecce. Ltd..
Once work is completed clients are obliged to pay ecce. Ltd. within 30 days of the invoice date and time is of the essence in this respect.
ecce. Ltd. may increase the charges annually on the 1st February each year.
If the customer wishes to dispute any charges, they must do so in writing within 15 days of the invoice date. ecce. Ltd. reserves the right to suspend services, and/or to charge interest at 4% over base rate on any overdue payments until such time as payment in full, including interest, is received.
ecce. Ltd. reserves the right to change or modify any of these terms or conditions at any time. This document was last updated September 2015.
Should clarification of any of the above be required please contact ecce. Ltd.