Were the terms 'we', 'our', 'us', 'I', 'M.S' and 'MSDD' are used or
admits within the contents of these Terms & Conditions, includes and
refer to Michael Sean and or Michael Sean Design & Draughting whos registered
office is 121 Glencalder Crescent, Bellshill, North Lanarkshire, Glasgow,
ML4 2LU. Scotland, United Kingdom. Or any partie acting on M.S implicit
instructions. 'You' includes the person purchasing the service and the
party in which they are taking implicit instructions from. 'Contract'
means the contract constituted by the terms and conditions in our proposal
(if submitted), these terms and conditions and your acceptance of them
(as indicated by you ordering or proceeding with service). 'Drawing'
or 'drawings' refers to all design, graphics, web and associated materials
therein. 'Design' means all or part of drawings, sketches specifications
and documents associated materials for the design project', 'copyright'
refers to and means the legal ownership of all or part of a design to
a person or party. 'The registrant' includes the person applying for
a domain name or any part acting on the registrant's instructions. 'The
Registry' includes the relevant domain names and registry .' 'Server'
means the computer server and equipment operated by third party in connection
to web site hosting or email service. 'Account' means any one or more
services, assigned solely to you. This typically consists of (but not
limited to) web hosting provision and domain name registration. A 'User'
is defined as a customer using any or part of an online service and
includes web-sites and email. 'web-site' means an area on another parties
server allocated to you.
1. General
1. By ordering / proceeding with a service you agree to these terms
and conditions.
2. We reserve the right to update or change these Terms and Conditions
at any time by notice to you with immediate effect. If you do not agree
with the relevant changes, your only remedy is to terminate the service
by 14 days notice to M.S.
3. All quotes provided to you by M.S are subject to and pending final
invoice to you which shall include any incurred service charges and
additional costs directly relating to the account project.
4. Should you wish to cancel your account, send an email to michaelsean@michaelsan.co.uk
. Refunds shall be giving at the discretion of M.S and a maximum amount
limit in respect to the value of the service provided by M.S. Any service
provided by another party are to be taken up by you and the other party.
Any payments made by M.S to another party directly connected to your
account shall not be refunded and the amount therein shall be sought
from the client. Any remaining balance on account MUST be settled before
account cancellation process is complete.
5. Refund in connection to any other service shall be giving at the
discretion of M.S.
6. Handling Complaints: Should you wish to log a complaint in direct
regards to a service provided by M.S please send an email to contact@michaelsean.co.uk
with Client Complaint within subject line, and detailing the complaint
within the body of the email. E-mails shall be acknowledged within 5
working days and provided a likely timescale for resolving the dispute,
while keeping you informed throughout the process. All complaints will
be considered highly confidential, and will be dealt with as soon as
possible.
7. M.S reserve the right to cancel your account at any time by notice
with immediate effect, without cause.
8. You agree to inform and keep M.S updated on any changes to contact
details, including email addresses which are regularly used.
9. Nothing within these Terms and Conditions shall operate to exclude
or limit liability of M.S for (a) death or personal injury caused by
negligence; (b) any breach of the terms implied by section 12 of the
sales of goods act 1979, or section 2 of the supply of Goods and Services
Act 1982; or (c) fraud; or (d) any liability which cannot be excluded
or limited under applicable law(s).
10. All work undertaken and project details held on file by M.S are
kept under strict confidentiality and shall not be supplied or released
to any other parties without the prior written consent and instructions
of all parties.
11. Subject to provision 8 immediate above, M.S shall not be held liable
or responsible for any direct or indirect loss of damage to your business
or property, or that of any other party or third party nor for any loss
of profits opportunity or data.
12. Subject to 8 and 9 immediate above, The liability of M.S shall not
exceed the total sum paid to M.S by you under the relevant contract.
13. If you do not agree with these terms and conditions, you should
not proceed any further within this website or related contents nor
use any service provided by M.S.
2. Service
1. Michael Sean Design and Draughting is a virtual service provider,
M.S is available at a remote location at applicable fixed daily fees
and is also subject to but not restricted to a service charge of no
less than £50 per day if required at another location.
2. All quotes provided to you by M.S are subject to and pending final
invoice to you which shall include any incurred service charges and
additional costs directly relating to the account project.
3. Web-site Usage
1. If you do not agree with these terms and conditions do no proceed
any further into or use this website or webpage's of M.S.
2. By proceeding to use the website michaelsean.co.uk and or related
documents, you agree to these terms and conditions.
3. Michaelsean.co.uk is the domain name of Michael Sean Design and Draughting.
All contents including and not limited to literature, drawings, and
pdf documents are copyright of Michael Sean and may not be copied, altered
and or distributed without the prior written consent of M.S.
4. Images and materials belonging to other parties including and not
limited to AutoDesk Inc shall be recognised as the source of the material
and credited with credit due.
5. By using this website you abide to agree by all terms set within
these Terms and Conditions, misuse or abuse of this service or materials
shall result within legal actions and or prosecution against you.
6. M.S cannot guarantee that the information on michaelsean.co.uk and
relation to is always 100% correct, all facts should be checked and
verified by a third party is deemed necessary.
4. Service additions
1. Michael Sean Design and Draughting is a virtual service provider,
however M.S is available at a remote location at applicable fixed daily
fees and is also subject to but not restricted to a service charge of
no less than £50 per day.
2. A standard turn around time of 14 working days to be allowed for
all services provided by M.S.
3. A Project which requires quicker turn-around times than that of the
standard turnaround time is subject to service charges and at the discretion
of M.S.
4. Changes made to designs after the commencement of works shall incur
charges at 1.5 times the standard hourly rate per resource applicable.
5. Were work is required to be carried out out with the normal working
hours minimum charges of 2 times the standard hourly rate per resource
is applicable.
6. All drawings shall automatically be accepted as being approved and
accepted by you after a 48hour period of no response. Changes there
after are subject to a service charge.
7. All drawing produced by M.S are the full ownership and copyright
of M.S and may not be copied, distributed, altered or electronically
transmitted in any nature or form without the prior written consent
of M.S.
8. As stated in section 5.4.2 below, only drawing accompanied by a certified
sign over agreement between M.S and the Client transfers the ownership
of designs or items as listed within agreement from I, M.S to you the
client and finalised by payment of an agreed fee to M.S.
5. Drawings
1. All drawings produced by M.S must be checked and accepted by you
the client informing M.S of all errors and or mistakes which may occur.
After a 48hr period has elapsed with no response drawings shall be acknowledged
as being accepted by you the client.
2. All errors on drawings produced directly by M.S must be reported
to M.S within a 48hours period to carry out corrections inclusive of
service charge. After the 48hours period in which the drawings were
issued to you, alterations and changes made or required to the drawing
shall incur changes at 1.5 times the standard hourly rate per resource
required.
3. M.S hold no responsibility for arising fault, misleading information,
errors, and or inaccuracies which are directly caused due to an inaccuracy,
error or misprint contained within the drawing produced by M.S. and
accepted by the client.
6. Design Copyright
1. The copyright of all designs and associated materials created by
M.S in direct connection with the contract belong to M.S and may not
be copied, distributed or altered in any way without the prior written
consent of M.S.
2. Copyright of all designs in direct relation to a client contract
can be transferred to you the client with a certified sign over agreement
for an agreed amount in pounds sterling; thereafter all rights to design
remain with you the client and can do so with them as pleases.
3. All reasonable measures shall be taken by M.S to investigate existing
designs in direct relation to the currant project to warrant in such
a degree that no existing design is similar of in anyway alike and so
as may been deemed as a breach of copyright laws. Were such issues occur
all parties should be discuss suitable alternatives which all parties
agree on, and may result in legal prosecutions to settle any dispute
that cannot be settle otherwise.
7. Web-Site Hosting and Email
1. All web-sites and E-mail services are provided by another party and
supported at the discretion of M.S.
2. M.S makes no representation and gives no warranty as to the accuracy
of accuracy or quality of information received by any person via the
server and we shall have no liability for any server issues occurring.
3. M.S shall not be held responsible for any downtime incurred server
issues including malfunction and maintenance.
4. Setup, Installation and maintenance of E-mail and E-mail system are
the responsibility of the client. M.S shall
5. All documents held on the server by you should be routinely backed
up. M.S holds no responsibility for Loss or damage to data held on the
server.
6. Renewal of all domain names and hosting services are the responsibility
of you. M.S hold no responsibility for cancellation of hosting package
of domain names due to renewal dates being missed.
8. Payment
1. All charges payable by you for a service provided by M.S shall be
in accordance with the scale of charges, rates and payment frequency
published from time to time by M.S and available from the appendix within
these Terms and Conditions, and shall be due and payable in advance
of service provided by M.S. M.S has the right to revised these prices
at any time, however prices shall stand at time of service request and
for a period of up to 90days for quotations.
2. All quotes provided to you by M.S are pending the final invoice to
you which is subject to and shall include any incurred service charges
and additional costs directly relating to the account project.
3. The account balance includes the original service cost and any additional
service charge.
4. Late payment for service shall automatically incur a £50 late payment
charge, and daily charges of £5 for the first 5 working days, thereafter
at a rate of 3.75% of account balance until the balance amount is settled
in full.
5. All payments must be in UK pounds sterling (with the exception of
online credit card transactions, which must equal the same value of
UK pounds sterling.)
6. All though M.S shall try to contact you close to the date in which
payment is due, it is the clients responsibility to ensure account balance
is settle on or by the requested payment date.
9. Reimbursement & Compensation
1. All reimbursements are at the discretion of Michael Sean Design &
Draughting.
2. If you have a dispute or would like to request a payment reimbursement
please contacts michaelsean@michaelsean.co.uk with full details of your
complaint. M.S aims to resolve all disputed within 14 working days,
and shall keep all parties informed throughout the entire process.
10. Disclaimer
1. M.S Shall hold no be responsible either directly or indirectly for
any losses you or your business may suffer. This includes but not limited
to the loss of data, money or belonging resulting from delays, non deliveries,
wrong delivery and all service interruptions caused by M.S or any third
party action on our behave of M.S in director connection with the project.
2. M.S hold no responsibility for the direct or indirect misuse of this
site and associated materials by others, for legal or illegal gain.
3. M.S hold no responsibility for action taken by other which cause
error or fault to mechanical, electrical or virtual application caused
as a direct or indirect action of another person as a director or indirect
result of carrying out an operation or task advised or carried out as
a form of technical support from M.S.