TERMS AND CONDITIONS
COPYRIGHT AND DISCLAIMER NOTICE
The client represents to Tech Commander and unconditionally guarantees that any elements furnished to Tech Commander for inclusion in the project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Tech Commander and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
By viewing the Tech Commander website, the user is deemed to consent to all terms and conditions set out below. If you have any questions regarding the terms and conditions, you should contact firstname.lastname@example.org
The Tech Commander serves the right at all times to vary, change, alter, amend, add to or remove any of these items. By browsing the website, you accept that you are bound by the current terms and conditions and notices and we therefore recommend that you check these each time you visit the site.
All copyright and other intellectual property rights in any material contained in this website is either owned by the Tech Commander or has been licenced to the Tech Commander by the rights owners. The website contains trademarks, including the Tech Commanders name. Use of these trademarks is forbidden unless prior written permission has been obtained from the owner of the trademark.
The user may access any part of the site and download or copy material (by printing off individual pages on to paper) or download material onto disc (but not on to any server or other device connected to a network) for personal non-commercial use only. The Tech Commander shall retain the copyright in such material or where the material has been licenced to Tech Commander, by the rights owners of the material.
Links to the Tech Commander websites are not permitted other than to the Home Page except with prior written permission. Links to the Tech Commander website from within a frameset definition are not permitted except with prior permission.
You may not remove any copyright, trademark or intellectual property notices contained in the original material from any material downloaded, copied or provided sevrices from Tech Commander and its employees and website.
Copying, distributing or any use of the materials contained on the web site for any commercial purpose is prohibited.
You may not create a database by systematically downloading substantial parts of the website.
The content of the website is for general information only and does not constitute any form of advice or recommendation upon which a specific decision should be made. The Tech Commander has done its best to ensure the accuracy and currency of the materials contained on its website but excludes any warranty express or implied as to quality, accuracy, timeliness, completeness or fitness for a particular purpose of the material contained this website. The Tech Commander will not be liable for any claims, penalties, loss, damages or expenses arising from the use or the inability to use the website or from any unauthorised access or alteration to the website by a third party. This clause shall not exclude liability for death or personal injury directly caused by the negligence of Tech Commander.
The Tech Commander accepts no responsibility for loss or damage that may arise from reliance on information or advice contained on its website.
The Tech Commander website includes links to external websites. These links are provided to help you find additional information quickly and easily. The Tech Commander accepts no responsibility for the content of these websites and specifically excludes to the fullest extent permitted by law all liability that may arise with respect to or as a result of such material causing damage, costs, injury or financial loss of any kind.
Whilst the Tech Commander website may from time to time contain advertising material, the Tech Commander does not endorse or accept any liability for any of the products or services so advertised, or for any error or inaccuracy in the advertisements. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the website complies with all relevant laws.
These terms are not intended to confer any benefit on a third party under the provision of the Contracts (Rights of Third Parties) Act 1999.
Any rights not expressly granted herein are reserved to Tech Commander.
The Tech Commander serves the rights at any time to suspend or terminate your access to or use of the website.
(a)These Terms & Conditions of use shall be construed and interpreted in accordance with English law. The courts of England shall have exclusive jurisdictions in relation to any claim, dispute or other matters arising therefrom.
(b) For the exclusive benefit of Tech Commander, it shall retain the right to bring proceedings in the Courts of the country of residence of any user of the website.
We may intercept and monitor all communications with Tech Commander.
If any provision of these terms and conditions is found to be invalid by any Court having competent jurisdiction, the invalidity of that provision will not effect the validity of the remaining provisions of these terms and conditions which shall continue to have full force and effect.
The failure by the Tech Commander to exercise any right or remedy under these terms and conditions shall not constitute a waiver of that right or remedy.
Our payment terms are 14 days .
Unless stated or agreed otherwise you must make payment within 14 days of receipt of any invoices.
Failure to do so will result in an interest charge of 8% plus the reference rate for the bank of England under the Late Payment of Commercial Debts (Interest) Act 1998 and compensation arising from late payment under section 5A of the Late Payment of Commercial Debts (Interest) Act 1998
The required payment timeframe is stated on the first page of all invoices.
If we do not receive payment within this timeframe we will reserve the right to restrict the services that we provide, this includes all sevrices we provide.
Payment for care plans, hosting and SEO campaigns is required in advance to the month/period the service is provided.
We recommend a minimum 3-6 month period for all SEO campaigns.
If you choose to pause or cancel your SEO campaign you must give at least 60 days written notice to email@example.com. You will still be charged for the following month if 60 days written notice is not given.
If you choose to pause or cancel your SEO campaign there is no guarantee that any rankings or traffic increases achieved will remain. There is a high possibility that they will remain for many months after the SEO campaign is paused or cancelled, but we do cannot guarantee this.
Please note that at any time a search engine may change their ranking algorithm, which may result in massive fluctuations in rankings. We endeavour to allow for any changes but in some cases rankings may be massively affected either positively or negatively, through reasons beyond our control.
Unless explicitly stated otherwise all amounts quoted in all Tech Commander SEO quotes and invoices are monthly fees.
Please note that our SEO campaigns do not come with a guarantee of sales, enquiries or rankings. We do everything to ensure that we meet the KPI’s agreed in your SEO proposal/agreement, but we cannot guarantee a specific outcome due to the nature of SEO and Search Engines.
In the case that Tech Commander acts on behalf of a client to register a domain the domain will be registered using domain privacy and set to auto renew on expiry.
It is the client’s responsibility to inform Tech Commander if they wish or intend to not renew the domain registration, otherwise the domain will be automatically renewed.
If the client wishes to transfer the domain away from Tech Commander registration service a transfer fee may be incurred.
In the case when a problem with your website or email arises, if you’re hosting is through our server you may notify us of the error via email and we will work to resolve any issues.
In the case where an error arises from internal errors we endeavour to resolve any issues inclusive of the monthly hosting cost.
In the case where an error arises through a circumstance caused by the client, a third party to the client or the websites files, an additional charge to resolve the issues may be applied.
Example: Websites are running slow due to excessive server load – endeavour to resolve any issues inclusive of the monthly hosting cost.
Example: Websites are running slow due to a modification made by the client – an additional charge to resolve the issue may be applied.
Hosting is invoiced in advance for a minimum of a 1 year period.
You may pay for hosting monthly, we will require written notice in advance should you want to opt for monthly billing, a 15% admin charge may be added to the monthly invoices if this is the case. (this is to cover time and labour of processing 12 invoices instead of 1 invoice)
If you wish to cancel or move your hosting, we require 60 days written notice.
We do not offer refunds for any hosting fees paid in advance.
If you require to move your website/emails to another host, we may provide an export of your website’s source code and database. There may be a fee to provide these files and if any outstanding invoices remain on your account we reserve the right to not release any files until all outstanding amounts are settled.
If your website surpasses the hosting space or usage limit allocated as detailed/quoted an additional hosting charge may be applied, we will notify you via email if this is the case.
If your website or any script/file/resource associated with your website utilizes a large amount of server CPU or RAM, additional work may be required to re-allocate your website to another host or optimise your files. (you will be notified if this is the case and this may be charged at an hourly rate).
Failure to pay hosting fees within the stated terms on your invoice may result in suspension of the hosting service.
After 90 days if payment is not received all files associated to your hosting account will be deleted
Once any hosting service is cancelled with Tech Commander files and data may be deleted and not stored unless specially agreed otherwise.
All time-frames given for work undertaken are estimates. In no event will Tech Commander be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising from delivering any work within a given time-frame.
CHARGES AND PAYMENT
The Charges payable for each Service, whether recurring or not, are set out in your quote. Tech Commander shall issue invoices to you in respect of the Charges and frequency set out in your quote. The Charges shall be payable in Great British Pound within 14 days of invoices being issued. All deposits or advanced payments are non-refundable. You remain committed to pay us for all Charges for Services for their full invoicing period, irrespective of whether:
This Agreement has been suspended or terminated during such invoicing period; or Such Services have been changed or cancelled during such invoicing period.
Unless otherwise stated, all Charges and other amounts payable are exclusive of VAT. If VAT becomes payable on any supply made or provided, on which VAT is not payable at the date of this Agreement, you will pay Tech Commander an additional amount equal to value of consideration for the supply multiplied by prevailing VAT rate. Tech Commander may set off any amounts due and payable under this Agreement (or otherwise) against amounts that may be payable by Tech Commander to you. Tech Commander reserves right to charge interest on overdue amounts at an average annual base rate ruling on due date. Tech Commander may by notice suspend work and your use of and access to Services, until outstanding invoice(s) are paid in full. Charges shall continue to accrue during such period of suspension. Time for payment shall be of the essence. Invoices may only be disputed by you by providing Tech Commander written details of dispute within fourteen (14) days of the invoice date, failing which invoice shall be deemed to have been accepted by you. You shall remain liable to make payment of any undisputed portions of an invoice.
VARIATIONS AND CANCELLATIONS
You are able to cancel any on-going monthly commitments with 30 days’ notice via email. Tech Commanders may change this Agreement or the Services, by giving written notice (by email, fax or post to designated email address, fax number or postal address, notified by you as part of your registration process), or by posting an updated Terms & Conditions on our Site and your continued use of the Services after the date of such change will constitute your acceptance of such update.