Agreement Start

This agreement starts on the date when you accept these terms.  Payment of an invoice will be deemed acceptance of these terms.

Agreement Parties

You, and Pomcat Limited, a company based at 36 Manor Way, Egham, TW20 9NG (Us, We)

Service

We will provide you with the services that you have chosen to be invoiced for.

If you choose one of our website build and maintenance services, we will build and manage a website for you.  We will provide a choice of designs for you to select one from.  We will then build the site structure and populate with your chosen content.  We will host the site for you, and provide you with on-going support and updating services.

If you choose our Basic website package, we will maintain a website of up to 6 pages.

If you choose our Standard package, we will maintain a static website with no real restrictions on size (subject to fair use for a small business website).

Bespoke websites and e-commerce solutions will be priced according to required functionality.

Charges

All prices are exclusive of VAT and other taxes, which will be charged as required.

You agree that we may increase our charges from time to time, in line with increases to the UK Retail Price Index, as published by the UK National Statistics Office.

Payment

The monthly fees for the service are payable each month in advance.

We will invoice electronically to a defined e-mail address as provided by you when you sign up.

If you don’t pay an invoice on time, we will send you a reminder after the invoice is 15 days late.  We will send you a further final reminder after another 15 days.  We reserve the right to withhold our service (suspend your website) until you settle an overdue invoice, and to charge interest on the amount due at a rate of 8% above UK base interest rate, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002.  Such withholding of services will not occur unless we provide you with five days’ notice, via an e-mail to the registered account e-mail address.

Our Liability

We exclude liability for consequential loss, damage or corruption to other software or data, or for loss of profit, business, revenue, goodwill or anticipated savings.

We warrant that we will use all professional skill and care in carrying out our commitments, and as such we exclude all other statutory warranties that might otherwise have been implied, including express exclusion of any warrant that any deliverables or software provided will be satisfactory or fit for purpose.

Subject to these exclusions, we shall be liable to you for any loss, injury or damage arising directly or proximately out of the negligence or wilful act of Pomcat, its employees, agents or authorised representatives in connection with this agreement.

Insofar as is allowable, our total liability under this agreement shall be limited to 125% of the total amount paid by you to us for this agreement in the last 12 month period.

We don’t exclude our liability for death, criminal acts or personal injury to the extent only that the same arises as a result of the negligence of Pomcat, its employees, agents or authorised representatives.

Copyrights, Patents, Trade Marks, and Other Intellectual Property Rights

You own all content that you provide to us for the implementation of your website.  You warrant that you have all applicable rights to reproduce any content that you provide us for the site.

We own everything that we provide for the delivery and running of the website.  You may not use it unless you have a fully paid-up agreement granting you this right, or unless you have purchased a licence to use it beyond the terms of this agreement.

Indemnity

You will indemnify and save harmless and defend at your expense us from and against any and all claims of infringement of copyrights, patents, trademarks, or other intellectual property rights as result of content provided by you being used on your website in accordance with this agreement.

In the event that we suspect content might infringe in such a way, we reserve the right to remove such content from your website without prior notification or approval by you.

Termination

Either we or you may cancel this agreement by providing 30 days notice.  You may continue to use the website we’ve built for you beyond termination if you purchase a perpetual licence to use the code.  The cost of such a licence will be agreed between us.  If you wish to purchase a perpetual licence to use our Basic website offering, the cost is £2000.  If you wish to purchase a licence to use our Standard website offering the cost is £4000.  These licences can be purchased at any point where you have a current paid-up agreement in place.

Promotion

You give us permission to identify you as a client of ours, and to refer to the website we produce for you in our promotional material.

Assignment

You may not assign this agreement without our consent.

Notices

Any notice required will be delivered to the registered e-mails with confirmed receipt, or in recorded delivery written form.  Notices will be in English.

Severability

In the event that any of the terms of this agreement are determined invalid, unlawful or unenforceable to any extent, such term shall be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

Law

This agreement will be construed in accordance with English Law and any legal action required will be conducted in the courts of England.