terms and conditions
DEFINITIONS IN THESE TERMS & CONDITIONS
LEMONEYE LIMITED is hereinafter referred to as LEMONEYE.
CUSTOMER refers to the person, persons or body corporate purchasing goods or services from LEMONEYE.
SERVICES means web design, graphic design, email and web hosting, printing and marketing services, provided to the CUSTOMER by LEMONEYE.
BUSINESS INFORMATION ON THE CUSTOMER
The CUSTOMER agrees to inform LEMONEYE in writing if the person or persons responsible for management or financial control of the CUSTOMER should change.
Prices charged by LEMONEYE are those prices valid on the date of despatch. Prices do not include VAT which is charged at the rate applicable on the date the work is invoiced to the CUSTOMER.
The CUSTOMER agrees that payment for SERVICES will be made to LEMONEYE in full immediately on completion of the job unless the CUSTOMER has made an alternative written arrangement with LEMONEYE.
LEMONEYE reserves the right to withdraw credit if the CUSTOMER fails to comply with these Terms and Conditions.
In the event that any invoice remains unpaid for more than 30 days from the invoice date, the CUSTOMER agrees to pay interest on the total outstanding amount to LEMONEYE at the rate of 1.0% per month or part month thereof from the invoice date until the date the account is settled.
CANCELLATION OF ORDERS
The CUSTOMER agrees that cancellation of orders will not be accepted other than by prior mutual agreement with LEMONEYE. Any such agreement will be subject to a cancellation charge to cover all costs incurred by LEMONEYE. The CUSTOMER agrees to pay the cancellation charge to LEMONEYE. The CUSTOMER agrees to confirm all orders in writing. Where a deposit is paid to LEMONEYE with an order for SERVICES the CUSTOMER agrees that in the event that the order is cancelled by the CUSTOMER, the deposit will not be repaid by LEMONEYE unless otherwise agreed in writing.
ESTIMATES AND QUOTATIONS
The CUSTOMER is advised that the maximum period of validity of any quotation is 30 days and that in the event that the quotation is more than 30 days old, the CUSTOMER should confirm the prices with LEMONEYE prior to placing the order.
The CUSTOMER agrees that all prices and information related to quotations and sales proposals from LEMONEYE will be treated as private and confidential and the information contained therein will not be disclosed to any third party.
Where SERVICES supplied by LEMONEYE are used in conjunction with goods supplied by another or other parties, the responsibility of LEMONEYE will be limited to ensuring that the goods or SERVICES it has supplied function properly.
SERVICES purchased from a third party by LEMONEYE are sold on an “as is” basis without a warranty of any kind.
LEMONEYE gives no warranty that such SERVICES are suitable for the purposes intended by the CUSTOMER.
WEB SITE AND EMAIL HOSTING
LEMONEYE uses web servers housed in data centres which are connected to the internet with multiple points of connection and operated with secure protected power. The CUSTOMER agrees to indemnify and keep LEMONEYE free from and indemnified against all claims, proceedings, demands, liabilities, costs and expenses howsoever arising out of, brought or threatened against LEMONEYE as a consequence of any interruption of service to Email or to the web site of the CUSTOMER.
WEB SITE – COPYRIGHT AND LIBEL
The CUSTOMER agrees that the CUSTOMER is responsible for the content of their web site.
It is the CUSTOMERS duty to check that any material to be published on the CUSTOMER web site complies with the laws in any territory in which the web site content may be accessed or made available. The CUSTOMER agrees to indemnify
and keep LEMONEYE free from and indemnified against all claims, proceedings, demands, liabilities, costs and expenses howsoever arising as a consequence of any illegal or undesirable content. The CUSTOMER agrees that LEMONEYE can remove any such content entirely at the discretion of LEMONEYE.
The CUSTOMER agrees to indemnify and keep LEMONEYE free from and indemnified against all claims, proceedings, demands, liabilities, costs and expenses howsoever arising as a consequence of any allegations or claims for breach of copyright.
The CUSTOMER agrees to indemnify and keep LEMONEYE free from and indemnified against all claims, proceedings, demands, liabilities, costs and expenses howsoever arising as a consequence of any allegations or claims for libel.
The CUSTOMER agrees that LEMONEYE will not be liable to the CUSTOMER or any person, persons or body corporate for any loss or damage whatsoever, howsoever caused, (except in respect of death or personal injury caused by the negligence of the SUPPLIER).
In the event that any exclusion of liability be held to be invalid for any reason and LEMONEYE becomes liable for any loss or damage, such liability shall be limited to the total charge paid by the CUSTOMER to LEMONEYE on the related transaction, (except in respect of death or personal injury caused by the negligence of LEMONEYE).
DATA SECURITY (BACK-UPS)
Where LEMONEYE, supplies, services or supports computer systems, it is the responsibility of the CUSTOMER to ensure that adequate back-up copies of system and program data, as well as CUSTOMER files, are regularly maintained.
The CUSTOMER agrees that LEMONEYE will not be held responsible for any loss, damage or problems arising howsoever caused from inadequate back-up procedures or non-availability of back-ups.
The CUSTOMER agrees to pay LEMONEYE the costs for restoration of programs, data, and the costs of any file retrieval that may be necessary.
CUSTOMER TELEPHONE SUPPORT
LEMONEYE provides hot line support for customers requiring help. The CUSTOMER agrees that LEMONEYE will charge for telephone support based on the hourly rate published on the LEMONEYE web site. The minimum charge for CUSTOMER support will be £50.00 for up to a 30 minute call. Support calls lasting longer than 30 minutes will be charged at the hourly rate as published on the LEMONEYE web site.
CUSTOMER ON SITE SUPPORT
LEMONEYE provides on-site support for customers requiring help. The CUSTOMER agrees that LEMONEYE will charge for on-site support based on the daily rate published on the LEMONEYE web site. The minimum charge is for a half day.
The CUSTOMER agrees that LEMONEYE will not be held responsible for the consequences of any loss of data or damage that may occur whilst engineers or staff of LEMONEYE are using their best endeavours working on behalf of the CUSTOMER to provide systems support, engineering, or data communications support whilst installing or maintaining equipment.
The CUSTOMER agrees that LEMONEYE will not be under any liability whatsoever to the CUSTOMER for delays in delivery or for non-delivery of goods or services caused by circumstances beyond the control of LEMONEYE. These events include but are not limited to acts of war and any other hostilities, civil disorder, strike, lock-out or any other industrial action, earthquake, flood, power failure or other natural disaster.
PROGRAM / SOFTWARE SUPPLY
Programs, and software are supplied on the basis that LEMONEYE believes them to work. The CUSTOMER agrees to check with the manufacturer that they perform the tasks required. All software is supplied to the CUSTOMER on an “as is” basis without modification or adjustment by LEMONEYE unless otherwise agreed in writing.
INTELLECTUAL PROPERTY RIGHTS
The rights to all programs and software supplied by LEMONEYE belong to LEMONEYE or to a third party who licensed such rights to LEMONEYE. No-one else has any such rights. The CUSTOMER is licensed only to use the said software or programs as permitted on the license and on the equipment on which it was originally installed.
Notification of any, non performing components of web site or non performing provision of email service must be received in writing by LEMONEYE within 10 working days of invoice for the supply of SERVICE(S) to the CUSTOMER. In the event the CUSTOMER is not aware of the problem until the CUSTOMER receives a statement of account from LEMONEYE, the CUSTOMER agrees that in order to make a claim, notification of the claim will be received in writing by LEMONEYE within 7 working days of receipt of the related account statement.
These Terms and Conditions of Sale are governed by and construed in accordance with the Laws of England.
LEMONEYE LIMITED TERMS & CONDITIONS OF SALE SHALL PREVAIL
The CUSTOMER agrees that the LEMONEYE Limited Terms and Conditions of Sale shall apply to SERVICES supplied by LEMONEYE and irrespective of any provisions contained in the CUSTOMER’S purchase orders or other documents subsequently sent to LEMONEYE. In the event of any inconsistencies between these two documents the CUSTOMER agrees that the LEMONEYE Limited Terms & Conditions of Sale shall prevail.
15th March 2019
These Terms and Conditions of Sale supersede any other conditions expressed or implied in any other literature, quotations or statements made by employees of LEMONEYE.
The CUSTOMER agrees that all transactions between the CUSTOMER and LEMONEYE are subject to the LEMONEYE Limited Terms & Conditions of Sale.