These terms are in effect from 23 May 2018 until further notice. These terms are subject to variance, from time to time, without notice, subject to the details below. In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and any disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Privacy Statement
We are committed to protecting your privacy. Authorised employees within the company on a need to know basis only use any information collected from individual Clients. We constantly review our systems and data to ensure the best possible service to our Clients. There are specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible
Confidentiality
Any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than our employees and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Disclaimer
Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company: excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Availability
Unless otherwise stated, the services featured on this website are only available within the United Kingdom, or in relation to postings from the United Kingdom. All advertising is intended solely for the United Kingdom market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Log Files
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information, including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Cookies
Like most interactive web sites this Company’s website uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies. [If you do not use cookies, delete this clause]
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and Trademark
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
This Company’s logo is a registered trademark of this Company in the United Kingdom and other countries. The brand names and specific services of this Company featured on this web site are trade marked [delete this paragraphed clause if no registered trademark exists].
Communication
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.
This company is registered in England and Wales, Number 10082399, registered office: Launchpad, 1 Link Rd, Bishop’s Stortford, CM23 2ES.
Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
General
The laws of England and Wales govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Financial
These terms will apply to all Libris Systems Limited estimates. The price estimated is correct at the time of estimating and is valid, under these stated terms, for 30 days from the issue date, however, final invoice prices may vary from the initial estimate, this may be due to various factors, not exclusively including: changes and amendments made by client to quantity, times, deadlines, scope and content of project, delivery details, also the time taken in completing the component tasks, any alternations to the specification or brief may incur additional costs.
All prices quoted may be subject to VAT, (UK Value Added Tax) which is not chargeable on all services or goods, especially such as are wholly consumed outside the UK. VAT will be charged, as appropriate at the prevailing rate on the day of raising the invoice and as dictated by HMRC.
All goods and services, designs, creative work either real or intellectual, digital or tangible, are the property of Libris Systems Limited, and remain such until paid for in full including tax and delivery charges. Libris Systems Limited reserves the right to recover or hold back such items in dispute, pending resolution.
In acceptance of estimates you are entering into an agreed contract for creative design work, goods or services with Libris Systems Limited. A purchase order and part payment may be required from the client before commencing the work outlined in this estimate.
Should a client abandon any project prior to completion, for their own reasons including third party reasons, a minimum of 50% of the total estimate or quote for services will be raised, although such sums may be greater than 50% depending on Libris time and work and also third party materials expended on the task or project. The level of charge will be in the sole judgement of Libris Systems Limited. Libris will use any provided PO to cover any abandoned project invoice unless an alternative PO is supplied by the client. Physical goods ordered will be delivered and invoiced for if they have been ordered from third party suppliers at the time of any abandonment.
For new clients or project work above £10,000, a minimum deposit payment of 25% of the order value, plus VAT, is required upon Libris Systems commencing the work.
To ensure efficient workflow and resource management throughout the development of your project, we adhere to the following structured payment schedule:
Upon accepting the estimate provided, you are entering into an agreed contract for creative work with Libris Systems.
The following payment schedule will be implemented to ensure clarity and efficiency throughout the project:
Initial Deposit: 25% of the total project cost (non-refundable)
Due Date: Upon signing of the contract.
Purpose: This payment secures the initiation of the project, funding the preliminary stages including resource allocation and initial strategic planning.
First Progress Payment: 25% of the total project cost
Due Date: Upon completion of the first major milestone, typically involving the strategic planning and initial design phase.
Purpose: This instalment supports the project as it progresses into more detailed development phases, ensuring continuous momentum.
Second Progress Payment: 25% of the total project cost
Due Date: Upon completion of the second major milestone, generally corresponding to the main development and content integration.
Purpose: This payment underpins the ongoing development efforts, covering extensive work during the core phase of the project.
Third Progress Payment: 20% of the total project cost
Due Date: After client approval of the beta version, before the commencement of the final testing phase.
Purpose: This instalment is crucial for final adjustments and preparations for project completion, ensuring that all elements meet the agreed standards.
Final Payment: 5% of the total project cost
Due Date: Immediately before the project goes live.
Purpose: The final payment ensures that all project deliverables have been met to the client’s satisfaction and supports the project’s launch.
Note: If the website is hosted on third-party servers, full payment is required prior to the final transfer.
Payment Terms: Payments are due within 28 days of the invoice date unless otherwise arranged. Please refer to the project-specific agreement for detailed terms, including provisions for late payments and potential interest on overdue amounts.
This payment schedule is designed to ensure that financial obligations and project milestones are clearly aligned, facilitating a transparent and successful partnership.
Please note that if the estimate is related to the build of a website Libris Systems DO NOT support Microsoft IE10 or below by default or as part of a standard estimate. Therefore, should you require IE10 or below support please notify Libris immediately for further discussion (n.b updated 02/06/16).
For website design and build projects when accepting the estimate you are entering into an agreed contract of creative work with Libris Systems. A purchase order and non-refundable part payment of 25% will be required from the client before commencing the work outlined in the estimate with a further % payable before the go-live date agreed and the remaining 25% payable 30 days after the launch of the website. Please note if the website is hosted on third party servers, full payment is always required prior to final transfer. Libris reserve the right to themselves alone to place credit for design and build on a client’s website; variance of this term is by express written confirmation prior to launch.
Libris Systems Limited reserve the right to levy charges on all outstanding invoices in line with the following: Default contract settlement date shall be 30 days from the date of invoice unless expressly agreed in writing before the contract being started. Settlement is deemed to be made when cleared funds are transferred into the appropriate Libris Systems nominated account and payments received after these dates will be termed as overdue. Should an account become ‘overdue’ Libris may elect to levy a charge at a rate of £25.00 per 7 day week that the account remains overdue; such a charge being the basic administration charge Libris will levy for dealing with an overdue account, making telephone calls, sending and receiving letters, email and other communications in relation to the overdue account. Such sums as due in respect of overdue account management will be levied by invoice, as Libris Systems Limited solely shall determine.
Should an overdue account remain unpaid and as a result, legal action be taken or legal advice be sought, the client will remain liable for all costs and charges incurred thereto by Libris. If legal action is taken to recover overdue sums, all costs, including interest upon the outstanding sum, will be sought, including interest at 4% above the HSBC base lending rate, from time to time.
There is strictly no variance from these terms whatsoever, except those expressly agreed in writing before starting the work described in the estimate. All means of correspondence shall be valid including electronic and telephonic. The law that applies to all works, contracts and to these terms will be that of England and Wales.
Please quote the estimate or invoice number on payment notices when making payment.
VAT No: 242 4758 04
Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site Clients’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis
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