Cyangold Limited Terms and Conditions - detailed

The Cyangold Limited Policy

We believe in telling you exactly what you may be liable to pay.  There are no hidden extras and we won't charge you anything you haven't been made aware of.

You will always be given the opportunity to cancel a service before you are charged for it.

No obligation Quotation

There is a no obligation quotation to allow us to prepare an outline design of your solution.

Privacy Statement

We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998).

We collect information about you for 2 reasons: firstly, to process your order and second, to provide you with the best possible service.

We will not e-mail you in the future unless you have given us your consent or unless it is to notify you of support or billing related incidents that may affect your service.

We will not pass your e-mail address to other trusted traders unless you agree.

The type of information we will collect about you includes:

  • your name
  • address
  • phone number
  • email address

We will never collect sensitive information about you without your explicit consent.

The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly.

If you have any questions/comments about privacy, you should email us.

Terms and Conditions

1. Provision of Service

1.1 This contract covers the provision of service by Cyangold Limited, to the customer. It supersedes and takes precedence over any previous written or oral representations given or made by the firm or any representatives of the firm. In agreeing to the provision of the services, the customer is deemed to have read and understood these terms and conditions.

1.2 Any date proposed either by the customer or Cyangold Limited for the provision of services to be treated as an estimate only and Cyangold Limited accepts no liability for any failure to meet it.

1.3 Cyangold Limited reserve the right to alter or amend its terms and conditions by giving seven days' prior notice to the customer. Notice will be deemed to have been given by Cyangold Limited by displaying the notice on the web site of Cyangold Limited that can be found at http://www.cyangold.co.uk

2. Definition and application

2.1 In this Contract:

"the customer" means the customer with whom Cyangold Limited makes this contract including a person reasonably appearing to Cyangold Limited to act with that customer's authority

"This contract" means the contract between the customer and Cyangold Limited incorporating these terms and conditions;

"Illegal" means any act or acts which are capable of breaching the criminal law of England and Wales.

2.2 Any words in the singular include the plural and vice versa. All definitions, notes, terms and conditions referred to in this contract form part of the contract as if they were expressly set out in it.

3. The Customer's Responsibilities

3.1 It is the customer's obligation to ensure that any material provided to Cyangold Limited is not in breach of copyright. Cyangold Limited accepts no responsibility for the customer's actions in either uploading material to the WWW or in the customer's transferral of any material to other Web sites.

3.2 The customer agrees that it shall not cause or permit or in any way assist in any unauthorised publication, any dissemination of any defamatory material or any material which could be considered to be in breach of the criminal laws of England and Wales.

3.3 If the contract is terminated by the customer, the customer will not be entitled to any refund.

3.4 Not to commit any act whereby access is gained by the customer to any information or resources of any body corporate or person, individual, partnership, government agency, national institution, charity or recognised organisation without first having obtained authority from those persons or institutions.

3.5 Not to do any act or omission, the result of which would have the effect of bringing Cyangold Limited into disrepute.

4. Limitation of Liability

4.1 For the avoidance of doubt Cyangold Limited has no obligation duty or liability in contract and/or tort for breach of statutory duty or otherwise beyond that of a duty to exercise reasonable skill and care.

4.2 In any event and in no circumstance shall Cyangold Limited be liable for any loss either direct or indirect of profits, business or anticipated savings or any other direct or indirect consequential loss arising out of the provision of the service to the customer.

4.3 Each provision of this condition is to be construed as a separate limitation applying and surviving even if for any reason one or other of the said provisions is held inapplicable or unreasonable.

5. Indemnity

5.1 Without prejudice to any other rights or remedies which Cyangold Limited may have against the customer, the customer shall indemnify Cyangold Limited against any loss or expenses sustained by reason of any breach of this contract and any actions, proceedings, claims or demands in any way connected with this contract brought on by or threatened against Cyangold Limited by a third party which are caused by or arise from any action of Cyangold Limited carried out pursuant to the instructions of the customer.

5.2 The customer shall indemnify Cyangold Limited against any actions, proceedings, claims or demands in any way connected with this contract brought or threatened against Cyangold Limited by a third party which are caused by or arise from any act or default of Cyangold Limited carried out pursuant to the instructions of the customer.

6. Charges

6.1 The full contract price must be paid prior to Cyangold Limited providing the service contemplated by this contract.

6.2 All charges of whatever nature in respect of service shall as such be as Cyangold Limited shall determine from time to time. On each occasion when service is provided to the customer, the customer shall pay the charges in force at that time, full details of which will be available from the address specified in condition 8.

6.3 Value added Tax where applicable will be added at the appropriate rate to the total of all charges shown on the customers bill. At present (31 December 2011), Cyangold Limited is not registered for VAT purposes.

6.4 Should Cyangold Limited have to issue Court proceedings pursuant to this contract the customer accepts responsibility for all Cyangold Limited's legal fees and disbursements notwithstanding the value of the claim, on an indemnity basis.

6.5 Any third party costs Cyangold Limited may incur due to processing the payment for the services will be payable by the customer within seven days.

7. Termination of this contract by Cyangold Limited

7.1 If the customer does not pay any charge when due or breaks this contract in any other way Cyangold Limited can terminate this contract immediately without the requirement of prior notification.

7.2 Termination of this contract by Cyangold Limited will result in the retaining by Cyangold Limited of all monies received from the customer who will not be entitled to a refund of monies paid.

7.3 Upon termination of this contract the customer shall nevertheless remain liable for all charges due or which would have been payable under this contract.

8. Termination of the contract by the customer

The customer can terminate this contract at any time in writing to the following email address: services@cyangold.co.uk . In an event of the customer so terminating this contract, the customer will be entitled if they so wish to continue with the contract until the expiration of the contract period or alternatively the customer may request the immediate termination of the contract.

9. Force Majeure

Cyangold Limited is not liable for any breach of this contract if the breach was caused by an act of God, insurrection or civil disorder, war or military operations, national or local emergency, acts of omissions of government, highway authority or other competent authority, Cyangold Limited's compliance with any statutory obligation, industrial disputes of any kind (whether or not involving Cyangold Limited employees), fire, lightening, explosion, flood, subsidence, weather of exceptional severity, acts of omission of persons whom Cyangold Limited is not responsible (including in particular other telecommunication service providers or web hosting companies), or any other cause whether similar or dissimilar outside Cyangold Limited's reasonable control.

10. Proper Law

This contract is to be treated as made in England and Wales according to English and Welsh Law and subject to the jurisdiction of the English and Welsh Courts.

11. Limitation on assignment

11.1 The customer must not assign the benefit of this contract in whole or in part.

11.2 Cyangold Limited reserve the right to assign the benefit of this contract by giving prior written notice of any assignment to the customer.

Valid from 12 December 2012.

You may print a copy of these terms and conditions