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Definitions

The Client : The company or individual requesting the services of Scale Up

Scale Up: The partners, their employees or appointed agents.

General

Scale Up will carry out work only where a written purchase order is provided either by mail or fax.

Scale Up will carry out work only for clients who are 18 years of age or above.

Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Scale Up cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The web server, website, graphics and any programming code remain the property of Scale Up until all outstanding accounts are paid in full. Scale Up reserve the right to delay the publishing or provision of any design, files, hosting or service until accounts are paid in full.
Any scripts, cgi applications or software (unless specifically agreed) written by Scale Up remain the copyright of Scale Up and may only be commercially reproduced or resold with the permission of Scale Up.

Scale Up cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to the brief will be carried out at the discretion of Scale Up and where no charge is made by Scale Up for such additions, Scale Up accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

The client agrees to make available as soon as is reasonably possible to Scale Up all materials required to complete the site to the agreed standard and within the set deadline.

Scale Up will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Scale Up will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents

Scale Up will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

Database, Application and E-Commerce Development

Scale Up cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Any scripts, cgi applications or software (unless specifically agreed) written by Scale Up remain the copyright of Scale Up and may only be commercially reproduced or resold with the permission of Scale Up.

Where applications or sites are developed on servers not provided by Scale Up, the client is expected to provide or seek any information,additional software,support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.

The client is expected to test fully any application or programming relating to a site developed by Scale Up before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live and signed off by the client, Scale Up will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief and advise of any additional costs in order to acheive this.

Compatibility

Scale Up will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with current versions of Internet Explorer, Firefox, Safari and Chrome and to a functional level where possible with older versions . Scale Up can offer no guarantees of correct function with all browser software. Sites will be tested during development on up to date versions of both PC/Windows and Mac OS browsers. Sometimes clients may have non-standard software installed on their computer (including but not limited to browser plugins, spam filters, popup or advert blockers, virus or trojan software, firewalls), non standard settings or hardware issues which are beyond the control of Scale Up. In the event of problems, it falls to the Client to ensure that their computer systems are capable of displaying and working with hosting, email and websites.

Website Hosting

Whilst Scale Up offers hosting of websites, no guarantees can be made as to the availability or interruption of this service by Scale Up cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service.
Scale Up reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise. Fees relating to web hosting or domain names must be paid prior to the expiration date of the said service. If the fees remain unpaid at the time of expiration, we will with immediate effect, cancel said service and any data held by said service will be removed. If a cancelled service is to be reinstated at the Client’s request, a setup fee will be payable before any such reinstatement and any data lost as a result of the cancellation will not necessarily be restored.

Payment of Accounts

A deposit may be required from a new client before any work is carried out. All deposits are non-refundable. In all cases, website hosting fees and any costs incurred by Scale Up on behalf of the client are payable in advance and are non-refundable.

It is the Scale Up policy that any outstanding accounts for work carried out by Scale Up or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Scale Up. If accounts are not settled or Scale Up have not been contacted regarding the delay, access to the related website may be denied. Fees relating to web hosting or domain names must be paid prior to the expiration date of the said service. If the fees remain unpaid at the time of expiration, we will with immediate effect, cancel said service and any data held by said service will be removed. If a cancelled service is to be reinstated at the client’s request, a setup fee will be payable before any such reinstatement and any data lost as a result of the cancellation will not necessarily be restored.

Scale Up reserve the right to request full payment before the release of files, design, domain names or hosting services.