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ASAT Productions, Dunstaffnage Mains Farm, Oban, Argyll, Scotland, UK,
PA37 1PZ

Telephone/fax
01631 567192

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© Copyright ASAT Productions,
2006

ASAT.biz for professional custom design

Keep it clear and beautiful

Terms & Conditions

Thank you for considering working with us at ASAT Productions (ASAT.biz).

We are looking forward to working with you now and in the future, and we will do everything we can to ensure that our service is all that you could wish for in terms of design, supportiveness, efficiency and friendliness. To ensure that we achieve this, we will need your feedback - so please let us know when we get things right, and where we can improve.

A quick word on how we work:- At our initial meeting we will discuss what you need in as much detail as possible, this will be based on your plans, and any specific needs and ideas you have. From this we will together agree a brief to work to, and this brief will form the basis of the contract that we both sign. We include an estimated cost on the contract, but this is only an Estimate, and the final cost will of course include any additional work that we undertake at your request to complete the project.

Our Terms & Conditions:-

  1. Contract, Additional Work, Completion and Payment,
  2. Hosting and Domain Name Services
  3. Privacy Policy and Service Agreement,
  4. Acceptable Use Policy, and Copyright Infringement Policy

1. Contract, Additional Work and Payment

Contract
The details that we have outlined on the Contract form the basis of our agreement. If there are any changes that you want to make to any detail on the Contract please do so BEFORE SIGNING. Please sign the copy of the contract that says “ASAT copy” and mail it to us with your £250.00 deposit to ASAT Productions, Dunstaffnage Mains Farm, Dunbeg by Oban, Argyll PA37 1PZ, Scotland.

Additional Work
There is no problem with making additions to the initial contract at any time. Simply send us the details by fax, email or letter, please ensure these are signed. Any additional work will of course be charged for. If we have an agreed completion date then late changes may effect this. We are happy to provide costings for any additional work to that outlined in the initial contract at your written request.

Completion and Payment
Should the project extend beyond 2 calendar months, ASAT reserves the right to invoice the client for 50% of the initial estimate.
Once we have completed the work for you, we will provide a proof or a Beta test website for your approval. You will have up to 5 working days to review and make comments and alterations. No major or radical changes will be normally be accepted at this time. However, at any stage in the design process, should your needs or overall plan change significantly we are happy to meet with you and agree an additional contract.
After we receive your alterations, the final adjustments will be made and we will send out an invoice. The completed project will be delivered to you or put on line (as appropriate) as soon as your payment in full has been cleared. Payment should be sent within 28 days of the date of sending out the invoice. We will charge interest on late payments at Standard Bank Rate.

2. Hosting and Domain Name Services Guidelines

Hosting and Web Site Names
As a reseller of web hosting and web site names, conditions exist as our agreement with our Parent Hosting Company. Should you wish a copy of the full terms and conditions please let us know in writing.

Domain Name Registration
We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.

3. Privacy Policy and Service Agreement

Privacy Policy
ASAT will never sell, exchange, or release any of your personal information to a third party without your express permission.
ASAT contains links to other carefully chosen sites, but is not responsible for the privacy practices or the content of such Websites. ASAT does not share any of the individual personal information you provide us with any of these sites.

Service Agreement
1. This agreement covers all design, training, consultancy, web design and maintenance services, publishing and printing.
2. Most of ASAT services are ‘bespoke’. Estimated charges are included on the signed Contract. The Contract is generated by ASAT after the initial consultation with the client, where the charges are discussed . The Contract will be considered to be ‘live’ as soon as the client returns a signed copy to ASAT along with the deposit. If the return of the Contract does not take place within five working days of being sent to the client, then ASAT reserves the right to amend the completion date for the work.
3. Additions to the original Contract may be made in writing, however they will only be valid when accompanied by a signature.
4. A completion date may be agreed at the initial consultation. If the client requires changes and/or additions to the original contract, then ASAT may change the completion date.
5. Clients agree that they may be listed on ASAT.biz website and on any other ASAT Productions publicity, and that designs and projects are included in ASAT’s company portfolio for promotional purposes.
6. ASAT is the owner of the Copyrights of all designs and any photography that we undertake. Client is the copyright owner of the content (text, pictures etc.) unless Client uses someone else’s material with the copyright owner’s permission.
7. ASAT has the right to change the price of the services to reflect a change in the cost of the service, or other reasons.
8. ASAT will accept content material from the Client in every reasonable communication like e-mail, Postal Service, fax etc. It is Client’s responsibility to provide all the content in a timely manner. Design work will not start before all content is submitted, unless otherwise agreed and detailed in the Contract.
9. ASAT will apply the best efforts to provide the best possible quality. Provider will not take returns and refund fees based on quality issues.
10. Cancellations. The Client shall be permitted to cancel an order of Services without reason within 7 days of the date of the order/contract. ASAT shall refund all sums paid made by the Client in full within 30 days of the notice of cancellation. The Client accepts that Domain Name Registrations and Preregistrations supplied by the Company within 7 days of the date of order shall not be subject to the 7 day cancellation period.
11. Payments. CLIENT agrees to pay upon receiving of invoice for all bills. For yearly maintenance and hosting, clients will receive a reminder of the due date, and this will act as an invoice. A payment shall be deemed to be late if it is not received in full within 28 days of the issue of the invoice. The CLIENT agrees to pay additional late fee of 1.5% per month or the maximum permitted by the law of the amount due and non paid.
12. ASAT shall not be liable under any circumstances for any special, consequential, incidental, or exemplary damages arising out of or in any way connected with this agreement or the product, including but not limited to damages for lost profits, loss of use, lost data, loss of privacy, damages to third party even if provider has been advised of the possibility of such damages. The foregoing limitation of liability shall apply whether any claims based upon principles of contract, warranty, negligence of other sort, breach of any statutory duty, principles of indemnity or contribution , the failure of any limited or exclusive remedy to achieve its essential purpose.
13.CLIENT shall indemnify, defend by counsel reasonably accepted by ASAT, protect and hold ASAT harmless from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants' and legal representatives' fees and court costs, demands, causes of action, or judgements directly or indirectly arising out of or related to the web design and other services provided by ASAT to the CLIENT.
14. This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings and agreements between the parties with respect to the subject matter hereof, all of which representations, communications, understandings and agreements are hereby cancelled to the extent they are not specifically merged herein.
15. If any provision of this Agreement shall be unlawful, void, or for any reason, unenforceable, it shall be deemed severable from, and shall in no way affect the validity or enforceability of, the remaining provisions of this Agreement, which shall remain valid and enforceable according to its terms.
16. Law - This Agreement shall be governed by and construed in accordance with Scottish law and you hereby submit to the non-exclusive jurisdiction of the Scottish courts.

4. Acceptable Use Policy and Copyright Infringement Policy

Acceptable Use Policy
ASAT reserves the right to refuse service to any individual, company or corporation. In addition, we reserve the right to suspend or terminate service to a client whose activities may be deemed detrimental to our client base. It is contrary to ASAT policy for any user of any of our services to effect or participate in any of the following activities through an ASAT provided service:
1. To send unsolicited emailings.
2. To falsify user information provided to ASAT or to other users of the service in connection with use of an ASAT service.
3. To use ASAT services for illegal activities and activities harmful to others computers, data, software or networks.
4. Providing material that is offensive to the community or providing information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals, or engaging in any other defamatory or illegal practices.

Copyright Infringement Policy
1. ASAT strictly prohibits any and all of the following: copyright, trademark, patent, trade secret or other intellectual property infringement, including but not limited to using any copyrighted names, text or images, offering pirated computer programs or links to such programs, serial or registration numbers for software programs, copyrighted music, etc.
2. All ASAT clients are hereby advised that they can be held legally liable for the content of their web pages and may be held legally accountable if their web pages include material protected by copyright, trademark, patent or trade secret laws without the permission of the owner.
3. By using ASAT's services, the customer agrees to indemnify and hold harmless ASAT for any loss, liability, claim, damage, attorney's fees and other expenses arising from or in connection with the contents of customer's web pages.
4. ASAT shall not be liable under any circumstances for any special, consequential, incidental or exemplary damages arising out of or in any way connected with ASAT services.damages. The foregoing limitation of liability shall apply whether any claims based upon principles of contract, warranty, negligence or other sort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise.
5. ASAT reserves the right to terminate the services without compensation if it believes in good faith that there is a copyright infringement. ASAT will make such decisions at its sole discretion.

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