These are the terms and conditions of The Miles Group whose registered office is The Coach House, 21 Belmont Street, Huddersfield, West Yorkshire, HD1 5BZ and is registered under company number 5996502 – referred to in these terms and conditions as “the Service Provider”.
These terms and conditions form a binding contract between the Service Provider and any party on whose behalf it provides a service (“the Client”), such contract being governed by English law and over which the courts of England shall have jurisdiction.
These terms and conditions shall take precedence over any terms and conditions of the Client which, by virtue of this clause, shall be excluded from any contract formed between the Client and the Service Provider.
The Service Provider agrees to use all reasonable endeavours to provide for the Client, on these terms and conditions, a service requested by the Client and as detailed in the Client’s order form (“Service”).
Where appropriate, the Service provided shall contain the Service Provider’s logo and, if required by the Service Provider, a link to the Service Provider’s website which the Client agrees shall remain there (in a visible location) at all times.
The Client agrees to deliver, at the request of the Service Provider, all materials, text and graphics required by the Service Provider to complete the Service requested (“Materials”) and the Client warrants that none of the Materials breach the intellectual property rights of any third party.
The Client agrees to make all payments due to the Service Provider on time and the Service Provider shall have the right to charge interest on any late payments at the maximum rate permissible by law such interest to accrue both before and after judgement.
Acceptance and Ownership of the Service
The Service shall be developed by the Service Provider in accordance with the timetable laid out in the order form. The timetable is, however, only an estimate and the Service Provider shall not be responsible for any delay in the delivery of any element of the Service, provided always that the delay is not entirely due to the Service Provider and exceeds 30 days.
When the Service Provider has completed the development of the Service it shall be presented to the Client for approval. If the Client does not request any changes to be made to the Service within 7 days of it being presented for approval it shall be considered to be approved. Unless it can show that the changes are required to meet the original specification provided by the Client, the Client shall pay for any changes at the Service Provider’s standard rate.
The Service shall remain the property of the Service Provider and shall not go live until all payments have been made by the Client due to the Service Provider for the development of the Service.
The Service Provider reserves the right to cancel this contract at any time without explanation or compensation. Upon such cancellation, the Service Provider shall return to the Client any material supplied to it together with any fees paid to the date of cancellation provided always that fees shall not be returned if the Service Provider has terminated this contract due to insolvency, breach or other default by the Client.
The Service Provider shall have no liability in relation to any third-party software or other product used on the website (whether introduced or recommended by the Service Provider or otherwise) and the Client acknowledges that, in relation to such products, its relationship is with the third-party supplier and not with the Service Provider.
The Service Provider gives no warranties and shall have no liability in relation to the amount or quality of traffic visiting the website nor its performance in any search engine ranking system.
The Service Provider excludes all liability for consequential loss, loss of data, loss of profits and loss of opportunity provided always that nothing in these terms and conditions will seek to exclude the Service Provider’s liability for personal injury or death caused by its negligence or for fraud.
In the event that a Service Provider is held liable for any breach of this contract its liability shall be limited to any total fees paid for the development of the Service by the Client.
These terms constitute the entire agreement between the Client and the Service Provider to the exclusion of any previous agreements (whether written or oral) and any variation of these terms will only be valid if agreed in writing and signed by a director of the Service Provider.