These Terms and Conditions are subject to change without notice.

Additionally, all products, services and prices quoted are subject to change without notice and should not be construed as a commitment by Netpark Ltd.

All web design, development and maintenance services are based on an appropriate functional specification document, (in either paper or electronic form including e-mail), which, once formally agreed between the client and Netpark ltd, will be regarded as a legally binding contract of service.

All estimates and / or quotes for services supplied to the client by Netpark Ltd, are valid for 30 days from the date printed on the applicable estimate / quote. Thereafter the estimate / quote will be deemed to have expired. Subsequent estimates / quotes undertaken by Netpark Ltd at the request of the client will likewise render all previous estimates / quotes as null and void.

The client confirms that the e-mail account used by the client to formally request services from Netpark Ltd. is accessible solely by the specific representative or agent of the client, for the business of acting on behalf of the client in performing the client's business requirements. The client confirms that the e-mail account used by the client or client's representative/agent, may be reasonably regarded as a digital "signature".

Payment Terms

Unless otherwise specified with the terms of an applicable contract or other written agreement, payment of all outstanding invoices shall be made no later than 30 days from the invoice issue date, which is always shown in the top right-hand corner of all Netpark invoices.

Failure to settle overdue accounts may result in a suspension of website and / or e-mail services until such times as the payment for outstanding account(s) has been settled in full. The client acknowledges and accepts that Netpark Ltd will not be liable for any form of loss incurred by the client as a result of the suspension of these services arising from outstanding client accounts.

We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the Late Payment of Commercial Debts Regulations [2002] if we are not paid according to agreed credit terms.

Invoices outstanding for a term of more than 60 days from the invoice issue date, will be passed to an authorised debt collection agency and the client shall additionally be liable for all recovery costs related to obtaining full settlement of the outstanding invoice(s) in question.

Clients with a documented history of late payment of more than 1 calendar year may be subject to a probationary period, during which time the client will be required to settle all outstanding and future invoices in full, before requested website updates are uploaded onto the client webserver and / or server/domain name renewals are performed on behalf of the client by Netpark Ltd.

IT Consultancy Services

All I.T. Consultancy services are performed to a contractual agreement between Netpark Ltd and the client, primarily on a project basis, but also for support roles, subject to separate negotiations.

Support roles which make the contract subject to IR35 regulations and requirement, will be subject to additional rate charges, to be negotiated and agreed with the client prior to acceptance and commencement of contract.

All fees quoted are in British Pounds Sterling and must be paid in British Pounds Sterling accordingly. Payments in alternative currencies may be negotiated, but are subject to additional costs relating to exchange rates, commissions and handling fees applicable at the time of invoicing.

I.T. Consultancy rates are to be paid weekly in arrears, on presentation of a correctly completed timesheet / Service Level Agreement and corresponding invoice.

Web design, development and maintenance fees to be paid immediately and in full, on presentation of a valid invoice following completion of client requirements.

It is the sole responsibility of the client, to ensure that they have obtained the necessary intellectual property rights (including copyright) which allow the client (and Netpark Ltd as the authorised agent of the client) to legally use any material supplied to Netpark Ltd for use within the terms of the contract of service being performed by Netpark Ltd on behalf of the client.  The definition of material includes but is not limited to: textual information, graphics, pictures, video or digital images and / or photographs, (either static or animated) and whether supplied in paper or electronic form.

The client agrees to indemnify Netpark Ltd against any liability incurred by Netpark Ltd in respect to the breach of any form of intellectual property rights or international copyright laws in relation to material supplied to Netpark Ltd by the client, for the uses specified above.

The client is solely responsible for the content of the client application designed / supported by Netpark Ltd and agrees to fully indemnify Netpark Ltd against any liability incurred by Netpark Ltd in respect to the applicable client application content, other than in the respect of negligent acts or omissions by Netpark Ltd.

General Web Hosting and Domain Management

Web Hosting services (including shared / virtual server leases) and domain name purchase / management fees must be paid immediately and in full by the client, on presentation of a valid invoice. Failure to make immediate payment for domain or hosting invoices may result in the addition of a 10% late-payment penalty charge being applied to subsequent domain/hosting invoices. If the client elects to have Netpark Ltd purchase their preferred webserver solution from an agreed third party supplier on their behalf, subsequent service contracts are subject to the terms and conditions of both Netpark Ltd and agreed the third party supplier.  Clients who accept this option are fully covered by the UK Sale of Goods act, as the contract for services is directly between Netpark Ltd and the client.  Please note this option is also subject to a handling fee and VAT.

Alternatively, if the client elects to purchase their preferred webserver solution / domain name directly from an applicable third party supplier, all fees incurred must be paid directly to the third party supplier and are subject to their terms and conditions only.  Under the terms of the U.K Sale of Goods act, the client's contract is therefore with the Web Hosting / Domain Name Service Provider and NOT with Netpark Ltd. In this case, Netpark Ltd merely recommend a particular supplier, based on the perceived quality of service and value for money to the client.  In the event that web-hosting services are cancelled by the client, Netpark Ltd accepts no responsibility for issues that may arise with regard to refunds and may not be held liable for any refund demanded by the client, in relation to refunds of web hosting fees.

Clients who require first-line server support for hosting solutions supplied by Netpark Ltd (via Blue Virtual), but who elect to either develop their own website(s) or have their website(s) developed by a third party, accept sole responsibility for all support issues relating to the software methodologies, website tools and applications used to develop and deliver the website solution. This includes ensuring that the final website solution developed and installed on the clients webserver by themselves or the third party does not contain any form of security vulnerability which could be exploited by hackers and / or spammers, in line with Blue Virtual's Acceptable Uses Policy (Hacking / Cracking).

Netpark Ltd accepts no responsibility and / or liability for any loss of service (including but not limited to account suspension or termination) and / or any form of financial loss incurred by the client, resulting from client and / or third party-developed application-based security vulnerabilities and / or negligence on the part of the client or the third party responsible for developing the website.

Clients who require first-line server support for hosting solutions that are NOT supplied by Netpark Ltd are advised that these services are not available on a support-only basis and are only available to clients who commission ongoing website amendments to an existing site, new website design or redesign of an existing website.  Due to the wide range of available hosting configurations, first-line server support service contracts are negotiated on a client-by-client basis.

Web design and Graphics Services

Web Design Services are to be paid as follows:- A 25% non-refundable deposit payable in advance, the remaining 75% to be paid on completion and acceptance of the final product.

All graphics designed by Netpark Ltd, remain copyrighted by Netpark Ltd and Su Lawrence (with the exception of company logo(s) that have the copyright transferred to the client*). When you purchase our non-exclusive graphics, you are purchasing a one-user license that allows one person or one company/organisation only to use the graphics selected. Such graphics may not be altered/changed or **redistributed either in paper or electronic form without the express written permission of Netpark Ltd.

Where artwork or a range of graphics is / are created / designed for use within a specific medium(s) (i.e. a website or brochure), such graphics may not be disseminated and used within a medium where for all intents and purposes the sole value is the artwork itself (i.e. a printed poster, postcard or framed print), unless it is an agreed part of the written contract, or subsequent written permission granted by Netpark Ltd. Where applicable any agreed dissemination of supplied graphics to another medium must also contain relevant copyright notices.

Unless otherwise stated (and with the exception of company logos that have the copyright transferred to the client*) all custom-graphics developed by Netpark Ltd, remain the property of Netpark Ltd and Su Lawrence and as such may be redistributed or made available to other customers of Netpark Ltd, as and when applicable.

All graphics supplied to Netpark Ltd (digital and hard copy) by the client remain the copyright of their respective owners, as applicable. Such graphics are received in good faith and no liability can be accepted if they are supplied to us without the permission of the rightful copyright holder.

Furthermore, the client agrees that Netpark Ltd may store in archives (digital and hard copy), use as part of a portfolio, or alter (with final acceptance of any alterations from the client) the supplied graphics, as part of their use within the client's work.

It is the sole responsibility of the client, to ensure that they have obtained the necessary intellectual property rights (including copyright) which allow the client (and Netpark Ltd as the authorised agent of the client) to legally use any material supplied to Netpark Ltd for inclusion in the client website.  The definition of material includes but is not limited to: textual information, graphics, pictures, video or digital images and / or photographs, (either static or animated) and whether supplied in paper or electronic form.

The client agrees to indemnify Netpark Ltd against any liability incurred by Netpark Ltd in respect to the breach of any form of intellectual property rights or international copyright laws in relation to material supplied to Netpark Ltd by the client, as specified above.

The client is solely responsible for the content of the client website(s) and / or intranets designed, hosted and / or supported by Netpark Ltd and agrees to fully indemnify Netpark Ltd against any liability incurred by Netpark Ltd in respect to the applicable client website / intranet content, other than in the respect of negligent acts or omissions by Netpark Ltd.

Graphics supplied to Netpark Ltd by the client that are included in "inseparable form" with Netpark Ltd's own copyrighted graphics (such as banner ads or brochures etc) may have different (dual) copyright issues - please contact us for further information and / or guidelines.

Exclusive-use licenses for custom graphics can be made available by arrangement and at an additional cost, but are not supplied, implied or guaranteed by default. Netpark Ltd reserves the right to include the said custom-graphics and also logos (designed by Netpark Ltd that have the copyright transferred to the client*) in a portfolio arrangement, to store in archives (digital or hard copy), or alter (with final acceptance of any alterations from the client).

For websites that contain graphics copyrighted by Netpark Ltd. we will automatically add "Netpark Ltd" to the standard copyright notice on each page, along with the name of the client. Clients can request that the name "Netpark Ltd" is not stated in such notices, however, the copyright notice itself (naming the client etc) must not be removed from any page. This notice will then cover the copyrights owned by Netpark Ltd within the website.

Websites that contain our copyrighted graphics and only name the client in the copyright notice do not necessarily infer that the client is the sole copyright holder of all contents of the website. No transference of copyright between Netpark Ltd and the client is implied by such notices (please see below for when copyright is passed to the client). Removal of any copyright notice will be deemed as a breech of contract with regard to licensing of Netpark Ltd's copyrighted graphics.

Netpark Ltd reserve the right to create hyperlinks to your site to illustrate samples of our work to other customers and to include samples of work performed within our portfolio (printed and in any electronic form).

All prices and fees quoted are subject to a VAT surcharge of 17.5%.

* The intent to transfer logo copyright must be stated separately in writing, to these Terms and Conditions by Netpark Ltd, with clear indication of what copyrights are to be transferred (and to whom). Transference of copyright of the stated items only will then occur to the client on clearance of payment received for the applicable invoice and will be deemed as acceptance of said copyright.  However, proof that the client has paid the applicable invoice, was intended to be (by Netpark Ltd) and is now the rightful copyright holder is then necessary in the form of a written and signed statement by Netpark Ltd in order to deem that the copyright has legally transferred to the client.

Where a notice of intent to pass copyright to the client is served and subsequently the name of the party to whom the copyright will be transferred needs to be changed, (after payment is received but before the aforementioned signed statement is sent), then the signed statement can be deemed to name the correct copyright holder. In such cases the transference of copyright legally occurs on receipt by the client of said signed statement from Netpark Ltd.

** In this instance 'redistributed' means to pass to a third party for their own use. Passing to a third party for the license holders use only is covered by this license agreement (for example, passing on graphics to another ISP for inclusion in the license holders website).

Virus Disclaimer

While all reasonable steps are taken to ensure all customer environments are built clean and are virus-free, Netpark Ltd  accepts no responsibility for occurrences of any form of virus, or damage or loss of business resulting from the presence or activity of any form of virus, in any aspect of the webservers not completely and solely under the control of Netpark Ltd.  We strongly recommend that you exercise reasonable caution performing tasks on your own webserver (such as opening email from an unknown source or downloading a file etc) and show the same due care and diligence that you would exercise when visiting other websites and webservers.  Ensure that you have anti-virus software installed on your PC...and that it's both used and up to date! You should always perform your own virus-checking to assure yourself that any file(s) you download from this site or any other, are virus-free before you attempt to open, print or run them.

Data Protection Information

Where Netpark are requested to perform web design services involving the creation / implementation of facilities to allow the collection of personal data by the client, the client acknowledges that Netpark are not arbitrarily acting as the clients Data Controller, since Netpark is solely responsible for the technical implementation of such facilities only. The client further acknowledges that they have implemented the necessary procedures to comply with the requirements of the Data Protection act 1998 (and all subsequent amendments) and any collection / storage of any personal data subject to the terms of the act, is performed solely by the client as the Data Controller.

Force Majeure

Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and / or any other cause beyond the reasonable control of the party whose performance is affected.

Neither party shall be liable for any failure or delay in performance under the applicable Agreement (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused (I) by causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under the applicable Agreement, provided that, as a condition to the claim of nonliability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.

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