TERMS AND CONDITIONS OF USE

We have taken every effort to design our Web site to be useful, informative, helpful and honest. Hopefully we’ve accomplished that — and would ask that you let us know if you’d like to see improvements or changes that would make it even easier for you to find the information you need and want.

All we ask is that you agree to abide by the following Terms and Conditions. Take a few minutes to look them over because by using our site you automatically agree to them. Naturally, if you don’t agree, please do not use the site.

Any reference to "we" or "us" or "our" refers to Cashman & Co /Cashman IT Ltd.

Any reference to "you" or "your" refers to our Client/customer.

Cashman & Co and its affiliates retain the right, at its discretion, to change any of these terms in the future and it is your responsibility to refer to and comply with these terms on accessing this site. This site may be used only for lawful purposes and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of the site by, any third party.

Copyright

All website content, including but not limited to, design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software, names, logos, trademarks, tradenames, images and illustrations and all other material on this Web site are copyrighted intellectual property. All usage rights are owned and controlled by Cashman & Co. ALL RIGHTS RESERVED. You, the visitor, may download Online Materials for non-commercial, personal use only provided you 1) retain all copyright, trademark and propriety notices, 2) you make no modifications to the materials, 3) you do not use the materials in a manner that suggests an association with any of our products, services, events or brands, and 4) you do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes. Any other use of materials on this website - including reproduction for purposes other than those noted above, modification, distribution, or republication - without the prior written permission of Cashman & Co is strictly prohibited.

Disclaimer

To the fullest extent permitted at law, Cashman & Co is providing this web site and its contents on an "as is" basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this website or the information, content, materials or products included in this site including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, Cashman & Co does not represent or warrant that the information accessible via this website is accurate, complete or current. Price and availability information is subject to change without notice. Except as specifically stated on this website, to the fullest extent permitted at law, neither Cashman & Co nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this website or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Certain links in the web site connect to other web sites maintained by third parties over whom Cashman & Co has no control. Cashman & Co makes no representations or warranties as to the accuracy or any other aspect of information contained in other web sites. When cashmanandco.com provides links or references to other Web sites, no inference or assumption should be made and no representation should be inferred that cashmanandco.com is connected with, operates or controls these Web sites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any cashmanandco.com site or endorsement, sponsorship or support of cashmanandco.com, including its respective employees, agents or directors.

Site security

Cashman & Co makes reasonable attempts to exclude viruses, worms, trojans and other malicious or destructive computer code from its website and the website's contents (including downloadable material) but cannot guarantee such exclusion. CASHMAN & CO gives no assurance (whether express or implied), assumes no obligation and accepts no liability or responsibility in relation to such exclusion. You are strongly recommended to take all appropriate safeguards before using this web site or downloading any information or content from it.

Indemnity

You agree to defend, indemnify and hold Cashman & Co and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any violation of these Terms by you or your authorised users, or in connection with the use of the website.

Applicable law

This agreement is governed by the laws of Scotland. If any provision of this agreement is deemed unlawful, void or unenforceable, then such provision shall be severed from the agreement and the remainder of the agreement shall remain.

Website Design and hosting Terms and Conditions.

Our business philosophy is to provide a great service to our clients, and to be honest and professional in every aspect of our business.

For this reason we place our trading terms and conditions where everyone can see them. It is implicit that all clients have read and agreed to the terms & conditions for any work undertaken by Cashman & Co.

We take a pride in our customer service standards which are very important to us.

We will deal with all enquiries promptly, and we aim to exceed our customers expectations.

We will constantly update our terms and conditions to ensure that these are relevant, and to ensure that we can provide the best possible service.

Your contract

Your contract with us is binding, and you enter into a two-part agreement. The first part is for the design of the website, and the second part is a separate 2 year hosting and support contract (hereinafter called hosting). The contract commences with the client instruction form, and payment of the initial deposit. The deposit is non-refundable.

Once you have agreed to or signed your client instruction form the charges for the hosting agreement become payable.

Your first hosting invoice will be due for payment at the original contract due date as hosting is payable quarterly in advance. Further invoices will be issued every quarter. Please ensure payment is made by standing order.

If at any time the hosting payments fall into arrears, we reserve the right to suspend the website, and full payment of fees to the end of the 2 year period will become payable.

At the end of the initial 2 year contract, we will automatically continue to provide hosting facilities for your website for a further contract period of 12 months, unless we are informed that hosting is no longer required.

Invoices and quotations

All invoices will be based on a quotation which has been agreed by Us, Cashman & Co, and You, our client.

Quotations are valid for 30 days, and are based on our advertised charges - we reserve the right to increase rates in the future.

The quotation is subject to amendment if you later request alterations, or require extra work.

The invoice for the initial Website Design work will be based on the quotation.

  > A non-refundable £100 deposit will be payable at the time of placing the order.

  > 50% of the quotation cost (less the deposit) will be due 28 days after

     the quotation date.

  > The invoice for the remaining balance (50%) will be issued on completion of the work, or on the target completion date, whichever is the earlier. Completion of the work is the date when all content supplied by the client has been converted into webpages. The website will be available for public viewing on the Internet on payment of this invoice. Payment by direct banking eg. CHAPS or by cash is treated as immediate payment. Payment by other means (e.g. cheque, BACS etc) is treated as received when the payment has been processed through our bank account.

Non-hosted website work

Our general terms and conditions relate to work on websites hosted by Cashman & Co (which applies to the majority of our clients).

Where we undertake work for any client who has their website hosted elsewhere then our payment terms are as follows:

 - An estimate will be provided in advance of any work being undertaken.

 - Once the estimate has been agreed in principal, an invoice will be produced prior to work commencing. Payment of this invoice will be required before work commences.

  -The client will be kept informed of progress, and any variations to the original estimate. An adjustment invoice will be produced, and payment will be required prior to the uploading or supply of any completed work by CASHMAN & CO.

Client responsibilities

A good website is created from good communication. The website will become your image to the outside world, and will communicate your ideas to potential, and existing, customers & clients. It is important that you communicate your ideas to us clearly, concisely, and in a timely manner. It is important that you proof-read each WebPage as it is completed.

The target completion date is a mutually agreed date for completion of the website. As we approach the target completion date (typically within 5 weeks) our time will usually be allocated to your website (where appropriate we will advise you of a mutually agreed schedule that allocates time when we will be creating your website). It is important that you ensure that you devote some of your time to the project to produce initial information, review progress, and thus ensure that the project proceeds unimpeded. In the event that we are prevented from progressing with the creation of the website because we are waiting on responses from you, we reserve the right to impose a daily 'waiting charge' of £50/day.

Cancellation policy (website design)

1) In the event that a client accepts a quotation/estimate, and within 7 days decides not to proceed with the website design, then a cancellation/consultation charge of £150 will be incurred (provided that work has not yet commenced on the website design). This charge covers consultation time/fees and web hosting setup costs.

2) In the event that a client cancels after 7 days, or if work has commenced on the website design, the full cost of the quotation is payable (although this is subject to pro-rata adjustment dependant on how much of the website has been completed) plus the cost of the 2 year hosting package.

Curtailment of a website design agreement.

It is usual for us to be able to complete a website within a reasonable amount of time after a client accepts a quotation. If the client is unable to provide information to enable us to complete the website within a reasonable amount of time, then we reserve the right to impose the following charges at our soul discretion.

    1) Where work is in progress, the invoice for the Website Design work (based on the quotation) will be issued on completion of the work, or on the target completion date, whichever is the earlier.

In addition,

    a)In the event that a client accepts a quotation/estimate, and within 6 months has not provided sufficient information to commence work on the website, then a curtailment/consultation charge of £150 will be incurred (provided that work has not yet commenced on the website design, or only minimal work has been instigated). This charge covers consultation time/fees and web hosting setup costs.

    b) In the event that a client accepts a quotation/estimate, and within 6 months has not provided sufficient information to complete work on the website, then the full cost of the quotation will be invoiced, and is due for immediate payment, (although this may be subject to pro-rata adjustment dependant on how much of the website has been completed) plus the cost of the 2 year hosting package.

In the event that a curtailment invoice is issued then we reserve the right to issue a new quotation before proceeding with further work on the website. Payment received against curtailment invoices may be taken into account against future invoices but the decision of CASHMAN & CO on this matter will be final.

Non-payment, or late-payment of accounts

Our business is to provide Website Design and Hosting facilities to other small businesses.

We are a small company, and do not have a team of administrators to chase unpaid invoices. We are not able to withstand delays to payments, and do not have time to chase for late payments. Our low charges to you are only possible if we can maintain a balanced cash-flow.

All invoices and accounts issued by us are due for immediate payment, unless otherwise agreed in writing.

We reserve the right

    1)  to make administration charges for any overdue accounts, and an administration charge of £10 will automatically be levied for each reminder letter, where an account is in arrears.

    2)  to demand full and immediate payment of fees to the end of the 2 year contract period.

    3)  to suspend a website if the hosting account, or any invoice due to CASHMAN & CO, is in arrears.

    4) to make an additional daily charge, for any accounts not settled on time, calculated and run on a daily basis at the rate of 8% per annum from the due date until payment is made.

    5)  to take legal proceedings through the courts to recover any unpaid debts, and to recover out-of-pocket expenses incurred through these proceedings.

In the event that a website is suspended due to non-payment of invoices we reserve the right to:

    A) decline to provide further hosting services.

    B) charge a reactivation fee equivalent to one years hosting charges - payable before the website is reactivated.

Domain name, email, and hosting

We will usually only register .co.uk domain names, unless you specifically request a different domain name suffix.

The domain name registration period for .co.uk domains runs for two years from the date of registration. After this time period has lapsed, the domain name registration will be renewed upon receipt of payment of renewal fees. The current cost of renewal is £25. We will usually send an invoice for domain name renewal approximately 4 weeks prior to the renewal date, and will request payment 2 weeks prior to the renewal date to ensure that domain renewal is a smooth & seamless process. Failure to make renewal payment on time may mean that the domain name registration is not renewed.

Other charges and renewal periods apply to other types of domain name.   

All domains that we register are registered in our name, and are administered by CASHMAN & CO.

Until we receive confirmation of registration we cannot guarantee that the domain name requested will be available for registration.

By requesting us to register a domain name our client is responsible for ensuring that its use, and the way in which it is used (directly or indirectly), does not infringe the legal rights of any third party.

It is our policy to provide managed websites for our clients, which means that we design, host, upload, and maintain the website for you - and also provide email facilities.

The only username and password we issue is for accessing the email account. We will provide internet access to the email via webmail, and will supply the information necessary for you to access the email via a program (e.g. Outlook) on your computer.

E-commerce solutions

Where requested, we will create and design your website incorporating your e-commerce solutions. Most low cost e-commerce solutions will involve the use of PayPal, and CASHMAN & CO recommends that you (our client) are conversant with PayPal's Terms & Conditions before choosing to use PayPal. The client has full responsibility for investigating the advantages and disadvantages of PayPal as opposed to any other merchant provider, and to establish the suitability of PayPal for their needs. Where PayPal is the chosen merchant provider the client is responsible for establishing a suitable PayPal account and supplying details of this account to CASHMAN & CO. Your decision to use PayPal on your website is made based on information available to you (our client) supplied by PayPal, and is not influenced by CASHMAN & CO.

Search engine submissions

We will submit your website to a number of search engines (typically in excess of 40 search engines & directories). However it can take many weeks for your website to appear in the search results - this is normal. We cannot guarantee top level rankings for your website, although we will use our knowledge and experience to gain the best results possible. If you are interested in further promoting your business and your website we recommend that you continue to use traditional advertising methods, and that you also research modern methods of advertising - e.g. Google Adwords (http://www.google.com/adwords/learningcenter/)

Unlimited use policy

We offer an effective unlimited use policy by using hosting facilities from a world-wide provider. In rare cases, if a customer uses server resources to such an extent that he or she may jeopardise server performance and resources for other customers, we reserve the right to suspend or terminate the hosting facility (this is an extremely rare occurrence).

Improper content

We will not knowingly permit the use of any illegal or inappropriate material in a website designed or hosted by us, and will only create websites in the English language.

Illegal Material - This includes (but is not restricted to) copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.

Inappropriate Material - This includes (but is not restricted to) all Adult Content including pornography, or otherwise lewd or obscene content.

In the event that we are informed of infringement of copyright, or any other legislation, we will immediately take steps to remove such material from either our own website, or from a website which has been produced or hosted by Cashman & Co.

Copyright, Trademarks, and Company Names, etc

We will usually place a copyright statement at the bottom of each webpage. To avoid any confusion, you the client are the publisher of the website and own the copyright for all content published in your website, and we the designer are acting on your instructions in adding content to your website.

By asking us to add material into your website you acknowledge that you have copyright of that material, or permission to use the material. All images used on websites designed by Cashman & Co are obtained from licensed sources, or are sourced as being free from copyright restrictions (unless the images are provided by our client).

It is the clients responsibility to fully research their company name, and any content, logos, or trademarks, etc., used in the website.

The client also agrees as part of our terms and conditions to absolve & indemnify CASHMAN & CO of any liability in the use of any such content in the clients website, and to assume full responsibility for any violations and legal actions which may arise at any time in the future.

Hosting, third party adverts, & hyperlinks

In the event that you already have a domain name and/or hosting arrangement, we will tailor the hosting arrangements to suit your needs. In some cases this will mean leaving the hosting with another hosting company. Our hosting and ongoing support charges will still remain and will cover the support aspect relating to third party hosting.

By agreeing to accept the terms and conditions for CASHMAN & CO you agree to also accept any applicable terms and conditions of our hosting provider which can be viewed at www.streamline.net/tac.php.

A copyright statement will be discreetly placed at the bottom of each web page plus a hyperlink to our contact details. We never place any third-party adverts on any websites without your permission. You will see the final version of your website, as it will appear on the Internet.

We may choose to list (or de-list) your website in our portfolio showcase, together with a background summary of the client instructions, and also to place a hyperlink on our website to link to your website. This can have positive benefits for your website since it increases the link pattern which can improve recognition and rankings. If you prefer not to be shown in the portfolio showcase you may inform us by e-mail.

Amendments, updates, and alterations to the website

When we design your website, we hope that it will be the start of a long-term acquaintance, and we do not walk away when the design work is finished. For a period of 30 days we will make any alterations, and corrections, free of charge. In rare occasions we may make alterations to your website without informing you - these would only be minor background changes which would not affect the material content of the website (e.g. changes to the HTML code to make the website work better).

We will help you to improve or alter your website at any time in the future. Usually the least expensive way to look at alterations is by paying our hourly rate.

All changes to the website must be actioned through CASHMAN & CO. We cannot be liable for any changes which you make to the website (which could result in accidental corruption of the source files) - for this reason we do not issue FTP details.

If you wish to make alterations to the website without using CASHMAN & CO, then it will be necessary for you to set up independent hosting arrangements and upload the source files to your new hosting environment - our only stipulation is that the initial 2 year (or 12 month renewal) hosting contract must be paid in full, before the source files are released to you on CD or as a zip file. A fee of £25 will be payable to enable us to release source files.

Legislative requirements

Cashman & Co endeavour to comply with all legislative requirements including Health & Safety at Work, Data Protection, etc., and would not knowingly evade any legal business requirements.

Where appropriate, and particularly where there is an interaction in the relationship with a client, we expect our clients to comply with the legislative requirements for their businesses.

Our service

We will provide you with a first-class service to produce your website, but we cannot be held liable for events, or their consequences, outside our control e.g. the hosting package is provided by a third-party. This guarantees that all our clients are treated consistently, efficiently, and fairly. However, we will endeavour to sort out any problems promptly, should they occur.

Complaints

In the unlikely event that you should have cause for complaint please contact Pat O’Brien by phone on 0845 1700 555 or in writing at Cashman & Co, Hardengreen Business Centre, Dalhousie Road, Dalkeith, Midlothian, EH22 3NX (VAT No: 870 792395) or by email to pat@cashmanandco.com.

Being a small business we strive to develop a rapport with our clients, and it is unlikely that a situation will develop where you feel it necessary to complain - however our policy is to ensure that all complaints are dealt with quickly and we aim to ensure that our clients feel that they have received good service at all times.

In the unlikely event that we are unable to provide a satisfactory response to your complaint then we would welcome the intervention of a mutually acceptable independent mediator or other third party able to provide professional impartial advice, after being given 7 days notice of such involvement.

Limit of liability

The content of your website is your responsibility and CASHMAN & CO are not liable for any claims made against you arising from the content of your website.

CASHMAN & CO can accept no liability for websites hosted outside our control - i.e. our liability ceases if we cease to arrange the hosting of your website.

Unless otherwise expressly detailed to the contrary, our liability is limited to the confines and stipulations as defined in our professional indemnity policy.

To adhere to these conditions we do not knowingly undertake work on any websites that are *live trading or mission critical systems; *application service provision; *games development; or have *similar strategic importance, or where failure of a website could result in *loss of life or injury to a person; *destruction or damage to physical property; or *cause significant financial loss.

If you believe that your website will fall into the category of being of "strategic importance" then it is the clients responsibility to inform CASHMAN & CO of this fact.

Transferring (or cancelling) your web-hosting.

You may cancel your web-hosting contract, or transfer to a different hosting supplier at any time, provided your account is fully-paid up to the end of the hosting contract. We hope that you won't have any need to move away from us, and that you would discuss any concerns with us before looking for alternative hosting arrangements. If at any time in the future you should choose not to renew your contract with us, please tell us why .... we would like to know.

CASHMAN & CO reserve the right not to renew, or to terminate, hosting at our discretion giving no less than 7 days notice.

Privacy policy, and confidentiality

To communicate with you, and to provide content in your website, we require your name, address, phone number, e-mail address, etc.. We use this information to design and build your website and, to contact you only.

If we need to contact you, we will contact you via e-mail or telephone first, and will write to you if e-mail or telephone are unsuccessful.

Any information provided by you will be used for CASHMAN & CO purposes only.

However, CASHMAN & CO will display your contact information on your website. It is your decision to decide whether all information is displayed on your website, or if some contact details are omitted. It is your responsibility to proof-read the webcontent to ensure that correct and pertinent details are displayed.

Your information will not be shared with individuals or other companies (such as direct mail organisations or other third parties) unless required by law.

We do our best to maintain the accuracy of any personal information you do supply to us. You can help us update and maintain the accuracy of any personal information you supply by informing us of any changes to your name, address, e-mail address, telephone numbers, etc..

We reserve the right to change these terms and conditions at any time in the future to meet the requirements of current business practices & legislation. The Terms and Conditions applicable at any particular time will be displayed on the website. Please ensure that you refer to the website if you have any queries concerning current Terms & Conditions.

This Agreement shall be governed by and construed in accordance with the laws of Scotland whose courts shall have exclusive jurisdiction in connection with any dispute arising out of or in connection with it.