CGain provides a variety of custom web development, design, hosting and marketing services (“Services”), the Customer will be deemed to have read, understood and agreed to these Terms and Conditions (“Terms”).
A Contract between the Customer and CGain will only exist once acceptance of an order has been given by CGain in writing.
“we”, “us”, “our”, “CGain”, “cgain.co.uk” means CGain Web Design & SEO. Our registered office is Millennium House, 161 Mowbray Drive, Blackpool FY3 7UN.
“you” or “your” means any person or persons, firm or firms, company or companies, authority or authorities who shall order / purchase Goods or Services.
“Business Days”, “Working Days” means a day (other than Saturday, Sunday or a public holiday) when banks in London are open for business.
RELIANCE ON INFORMATION POSTED & DISCLAIMER
The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.
We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from use of this site.
ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
LINKS FROM OUR SITE
1. COMMENCEMENT AND TERM
1.1 These Terms will be valid from the time that the Customer places an order with CGain to carry out Services.
1.2 A contract based on these Terms exist from the acceptance of an order by CGain.
2. SUPPLY OF SERVICES
2.1. Due to the nature of our customised work, CGain cannot refund any bespoke items produced for the Customer.
2.3. All quotations provided by CGain are valid for a period of 60 days. Should the Customer require a quote after this time, a new quote will be required. Honouring an old quote after this time will be up to the discretion of CGain.
2.2. We reserve the right to update prices on our websites or literature without prior notice.
3. OUR COMMITMENT
3.1. In the unlikely event that CGain should make an error then we will provide a full refund. This does not include instances where customers have provided incorrect instruction or provided CGain incorrect information regarding the order. Our commitment includes damage caused ONLY by CGain.
4. DELIVERY OF GOODS
4.1. We shall not be obliged to make the Goods or Services available to you at any specified time. You shall be obliged to receive any physical Goods during the hours of (8.00 a.m. GMT) and (6.00 p.m.GMT) on a Business Day (the “Normal Delivery Hours”).
4.2. CGain are not responsible for damage caused in transit or damage caused upon receipt of physical goods. Consignments must be checked for damage before signing, as you are waiving your rights to a refund. Items must be signed as ‘unchecked’ if the consignment hasn’t been thoroughly checked beforehand.
4.3. Our commitment only covers CGain errors.
4.4. CGain will not be liable for any costs or related costs for items delivered late, due to a 3rd party courier.
4.5. CGain will not be held responsible for late deliveries due to late approval of artworks or failed correspondence from customers.
4.6. We shall not be liable in respect of any loss incurred by you arising from any delay in Delivery of the Goods.
4.7. Delivery and / or freight / courier charges are non-refundable.
4.8. CGain will not be held accountable for any delays beyond their control such as postal delays, stock, print, machine malfunction, availability, or force majeure.
5. ARTWORK & DESIGN
5.1 CGain will be indemnified by the Customer against costs, claims and expenses arising out of any libellous matters or infringements of copyright, design or patent, or of any other materials processed, displayed or printed for the Customer. The Indemnity shall extend to any amounts paid on a lawyer’s advice and costs in settlement of any claim.
5.2 CGain assumes no responsibility for any content you provide for website publishing or printing. All the artwork/ content you provide must be legally owned by you or by a consenting third party.
5.3 All artworks must be supplied with all text ‘converted to outlines’. CGain will not be held responsible for errors in uploaded files
5.4 Artwork files for print must be set in CMYK as our printers use this print process. We will not be held liable for a change in colour or unexpected results due to print files being supplied in any other colour format.
5.5. Any colours represented on emails / digital files / proofs may vary to the printed colours of the actual product. CGain will not be held responsible for colours which may not match the colour on your monitor or similar.
5.6. CGain will not match spot / pantone or any other colours unless otherwise stated in writing.
5.7. Colour matching is an additional charge and will be costed on a ‘Per Job’ basis. If colour matching is required, we cannot guarantee an exact match on colours due to limitations of the CMYK print process.
5.8. In the rare event that a re-print is needed CGain cannot be held responsible for slight colour changes or slight material differences due to circumstances out of our control. CGain cannot guarantee and exact colour match due to variants of temperature, humidity and other force majeure factors.
5.9. All images must sent at the correct DPI as per our ‘Artwork Guidelines’. CGain will not be liable to reprint goods which are sent in the incorrect resolution format.
5.10. It is the customers responsibility to ensure that artworks are sent as per our guidelines and disclaimer which needs to be ticked before submitting. CGain will not be responsible for mistakes which are out of our control.
5.1. Turnaround times are based on working days (Monday to Friday) excluding weekends and UK public bank holiday.
5.2. The turnaround times commence from the day that we receive your order and payment. If a proof is required turnaround times will commence from the day that the proof has been approved.
5.3. Our daily cut off time for orders is 13.00GMT, any orders confirmed after this time will be processed the following day. Orders will not be acknowledged as processed until payment has been received in full. Turnaround times will commence from payment date.
6. FEES REFUNDS & RETURNS
6.1. Payments can be made via Bacs, VISA credit/debit card, or PayPal. (PayPal limit per order is £200)
6.2. Non bespoke physical items can be returned within 7 working days. Returned items will incur a 10% restocking charge.
6.3. CGain cannot offer refunds on any bespoke items ordered. All sales are final due to the production and design process.
6.4. In the event that a customer cancels, non bespoke Items must be returned to CGain at Customers own expense within 7 days of Customers notice to cancel.
6.5. All refunds will be processed within Thirty (30) days of receipt of undamaged goods.
7. FORCE MAJEURE
7.1. Neither party shall be liable for any failure for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, compliance with any law, ordinance, regulations, ruling, order or other governmental action or arising out of acts of God, fire, flood, war, sabotage, accidents, labour disputes, shortages of failure to supply equipment or materials, interruption of a delay in transportation of goods, or any other circumstance beyond the control of the party.
8.1. The Indemnifying Party agrees to indemnify and save the Indemnified Party (CGain) harmless from and against any and all claims, liability, loss, expenses, suits, damages, judgments, demands, and costs (including reasonable legal fees and expenses) arising out of (i) the acts or omissions of The Indemnifying Party in connection with any accident, injury or death to persons, or loss of or damage to property, or fines and penalties which may result, in whole or in part.
9.1. The customer has the right to cancel their order within seven (7) working days (in accordance with the Distance Selling Regulations 2000) following the day after the date of the delivery for any unused items. This does does not include (bespoke) customer specification or perishable items.
9.2. Goods must be returned by courier at customers expense. If the customer requires a collection this can be arranged. The cost for collection will be deducted from the refund value.
10.1. Variations of these Terms shall NOT be effective unless it is in writing and signed by the parties or representatives.
11.1. All parties agree that the courts of England and Wales have jurisdiction to settle any claim / dispute arising out of or in connection with these Terms or its subject matter or formation.
Last Modified – 12/04/2018