Terms & Conditions

 

atom (create) Scotland Ltd Terms and Conditions
 
1. Definitions
"The Company" shall be defined as atom(full address supplied on request) and shall include any other
related trading styles.
 
"The Client" shall be defined as the person or company with whom goods and services are to be supplied to.
 
"Goods and/or Services" shall be known to be any item which the company supplies to any of its clients for
which it is agreed that charges may or may not be applicable, without limitation this includes administrative
charges, consultancy fees, server hosting, sub-contractual charges, advance service charges and outside
registration fees.
 
2. Invoices & Payment
All invoices raised by the company will be due for payment within 30 (thirty) days of receipt unless
consent is expressly given in writing to the client for an extension of this period or terms of any account
facility between the company and the client expressly state.
 
Invoices which are overdue for a period in excess of 30 (thirty) days from the date of invoice for any
services will be subject to suspension.
 
Furthermore, at the Company's sole discretion a Statutory Demand under Section 123 (1)(a) or 222(1)(a) of
the Insolvency Act 1986 may be issued for non-payment for Goods and/or Services delivered.
 
If this remedy does not satisfactorily resolve any non-payment then a "Winding Up Order" may be issued in
accordance with the relevant Acts of Parliament such as the Insolvency Act 1986, the Insolvency Rules 1986,
Council Regulations (EC) No. 1346/2000 ('the EC Regulation') and the Companies Act 1985.
 
Any external service or supply of goods bought on behalf of the client, for or related to the provided service
shall be passed through to the client at full cost.
 
The company shall pass on any charges for use of its credit facilities with its own suppliers, credit card
charges, packing, shipping and other handling of items to the client and will be detailed as such on the
invoice.
 
The company reserves the right to charge a handling fee for any handling of items as set out in 2(iii).
Unless a prior arrangement between the company and client is in place, a standard deposit of 50% is
required before work is undertaken and in the event of this being paid by any means which requires time to
clear in a bank account the work will be commenced when the funds are cleared and available in the
company account.
 
3. Late Payment Charges
The company reserves the right to pass on any excess charges it receives for late payment of invoices for
services or goods supplied to the client including any interest charges from banks or other financial
institutions.
 
4. Credit Facilities
By default, the company does not provide monthly credit facilities to customers other than the 30 day
payment period of an invoice. The company may, at it's discretion, offer such facilities at a later date and
reserves the right to apply to any number of external credit reference agencies for information before
approving any facility and may carry out regular subsequent checks and if appropriate, suspend or withdraw
any given facility and make demand for full settlement of any outstanding balance.
 
5. Withdrawal of Service
The company has the absolute right to withdraw it's services and cancel any contracts with the client at any
given time. The company shall issue notice of such action in writing.
 
6. Data Integrity & Liability
Under normal contractual service circumstances, the company provides no warranty or accepts any liability
for any data either lost or damaged which is stored on any of the company's or client's equipment. It is the
responsibility of the client to keep security copies of information.
 
The company may provide a chargeable service to its clients whereby security copies of information will be
made to recordable compact discs / DVD's which may be stored by the company or sent to the client to be
stored at his/her premises or any other such third party appointed by the client.
 
7. Intellectual Property
Where the company undertakes to provide intellectual services to the client, it agrees that the intellectual
property of any software or documentation written for the client either carried out remotely or at the client's
premises shall remain with the client once any and all invoices for such work are settled with the following
reservations:
 
The company has the right to make a final backup of any work carried out for the client at the conclusion of
the service.
 
The company may provide during the course of the service any modules, applications or software code that it
has previously developed which is central to the development and conclusion of any project or service. The
rights to re-use, modify, redistribute, make publicly available any such items will remain with the company at
all times.
 
The client shall, without hindrance, be allowed to retain and use any such modules.
 
The company reserves the right to deliver any pre-existing software in an encrypted format.
 
The company reserves the right to licence the use of any pre-existing software to the client which may at the
company's discretion contain time or limitation of use software. The company shall notify the client of any
such provisions in writing at the onset or during the course of the contract.
 
The company reserves the right to re-use any central items of a similar nature developed for the client in any
other contract it undertakes.
 
The company shall, at its discretion, provide upgrades to such central modules or applications as they
become available.
 
8. Formation of Contract
By default, the company shall deem that a contract for any form of service is in effect when asked to carry
out any work for the client.
 
The company may require written confirmation of any work to be carried out.
 
The company may provide a written quotation subject to acceptance by the client at the request of the client.
 
The company reserves the right to vary the quotation at any time should the client make changes to any
requirements of work to be carried out.
 
9. Termination of Contract
Any contract formed between the company and the client shall be mutually binding to the terms and
conditions set out within this document. Any subsequent misuse of equipment, or non compliance with any of
the regulations and terms as set out, shall result in termination of contract or suspension of service, with
special inclusion to those details as set out in section 10.
 
If you choose to terminate your contract, the company will invoice for any work carried out plus any expenses
and handling charges incurred to that time. Termination charges for intellectual services will include up to 50
(fifty) percent of the outstanding contract balance.
 
The Company reserves the right to cancel your contract at any time without prior written notice of such upon
finding that any of the terms and conditions set out herein this document or any subsequent revisions thereof
have been broken.
 
10. Privacy Policy
The Company operates a closed policy on publicity and distribution of information and will not at any time
divulge your name, address, telephone number, account details or electronic mail address to any non-legal
third party and will only divulge your information to any legal establishment where it is deemed to be in the
best interests and operation of the company.
 
11. Loss of Service
The company accepts no liability for any loss of service, unavailability of files, damage to data, misuse of
equipment by 3rd parties, failure of any externally managed equipment or communications devices or other
services deemed to be beyond the company's control.
 
 
 
Those forming an agreement as a reseller are additionally bound to the following. Any violation of these
additional terms will result in immediate termination of your account.
At any time, the re-selling of any services is permitted to only one client who shall be the end of the chain, no
sub-selling is permitted.
 
Your clients may not contact us directly, either by e-mail, telephone, fax or any other method. The company
reserves the right to refuse to answer any questions from your clients.
The company will at all times advertise its own products and services at its own price scales to any person
contacting the company.
 
In the eventuality of non-payment of invoices for any product or service, the company reserves the right to
force total suspension of your services and your client's services until such time as any monies are paid. The
suspension shall not be lifted until payment is confirmed. In the case of cheques, this may not occur until the
cheque becomes cleared funds in our account.
 
13. Title of Goods
Title of goods (including documentation, electronic or otherwise) shall not pass from the company to client
until such time as any outstanding monies are paid in full or disputes resolved.
 
14. Disputes
At all times in any disputes, the company's decision is final and will not be subject to outside adjudication by
other parties.
 
15. Law
These terms and conditions are formed under the laws of the United Kingdom and any legal claim shall be
made in a court or via the legal system of the United Kingdom.
 
16. Changes to Terms
The Company at all times reserves the right to change the terms and conditions set out herein this document
without prior written notice to any of its clients and any subsequent changes will become applicable
immediately. No claims will be entered into which may not have been applicable in previous revisions of this
document which are subsequently made provision for. Any claims by any client will only be acceptable on
grounds outside the current revision of this document. The Company will at all times where reasonably
possible make available for viewing its terms and conditions through its corporate website.
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