ACCOUNTS - Terms are strictly 50% of account payable immediately and remaining 50% twenty-eight days nett from completion of all work unless agreed otherwise between Global Magnet and the Buyer. The only exception to this is the first year hosting charges, which are fully payable within 28 days of the first day of hosting. If payment is not made when due Global Magnet shall be entitled (without prejudice to any other rights or remedies) to charge interest at a rate of 2%, or £20 per month or part thereof, whichever is greater, from the due date for payment until the actual date of payment. The Buyer agrees that it will not be entitled for any reason whatsoever to make any deduction from or withhold any payment from Global Magnet . In the event of Global Magnet instituting legal proceedings for the recovery from the buyer of any outstanding sums due to Global Magnet for Goods or Services supplied Global Magnet shall be entitled to recover all reasonable costs incurred thereby including legal fees on an indemnity basis. Where goods are delivered on a modular basis or in installments Global Magnet shall be entitled to issue a separate invoice to the Buyer for each delivery.
QUOTATIONS, TENDERS & ACCEPTANCE OF ORDER - All quotations and tenders by Global Magnet are subject to acceptance within 28 days. Global Magnet reserves the right to withdraw a quotation or tender at any time before the buyer has accepted it. No order shall constitute a contract between Global Magnet and the customer until acceptance by Global Magnet on these terms of business to the exclusion of any other terms.
DELIVERY OF GOODS AND SERVICES - Any date quoted for delivery of goods or services is an estimate only and Global Magnet shall not be liable for any loss or damage arising directly or indirectly from delay in dispatch or in delivery. If any such delay continues for more than 60 days either Global Magnet or the buyer may by written notice to the other cancel the order so far as it remains to be performed by Global Magnet . Delivery of the goods and services shall be deemed to have taken place upon delivery to the Buyer's premises or, as the case may be, to the Buyer's carrier or an independent carrier or upon collection from the Global Magnet 's premises. Delivery of web sites may also be deemed to have taken place when made visible to the customer on a web server. Delivery of hosting will be deemed to have taken place once the customer has been supplied with the FTP hostname, username and password.
LIABILITY - Global Magnet shall not in any event be liable for any indirect, unforeseeable or consequential loss or damage whether caused by breach of contract, negligence or otherwise by the buyer. Global Magnet 's liability for any direct loss or damage, whether caused by breach of contract, negligence or otherwise, shall, in any event, be limited to the amount paid by the customer to Global Magnet for Services. Global Magnet shall not be liable for any loss or damage incurred or suffered by the Buyer in respect of any damage to, or defects in, the Goods or Services, which is not reported in writing to Global Magnet within seven days of their receipt by the Buyer. The Buyer shall indemnify Global Magnet against all claims, actions, costs, loss, damages or expenses or other matters arising out of or in connection with the Goods or Services or the use of them. The customer is obligated to ensure that all Goods and Services are in correct working order before using them in their business activities. Global Magnet shall not be liable for any losses or damage due to insufficient testing of the Goods or Services by the customer. Global Magnet shall not be liable for any losses or damage due to web site hosting or E-mail problems. Global Magnet is not liable for the loss of any data belonging to the Buyer or a third party where the Buyer has failed to make regular and complete backups of data.
TERMINATION OF CONTRACT - Any contract between Global Magnet and the customer shall be mutually binding to these terms and conditions. Hosting is sold on an annual basis, not pro-rata. Hosting will automatically be extended for each new year unless Global Magnet receive notice in writing from the buyer 28 days before the end of the current hosting period. Once a contract has been entered into for any other Goods or Services, including web site design, termination is not permitted by the Buyer.
RESERVATION OF TITLE & RISK OF LOSS - Global Magnet shall retain legal title to the Goods and Services until it has received payment in full of all the sums due in connection with the supply of all Goods and Services to the Buyer at any one time. For these purposes Global Magnet has only received a payment when the amount of that payment is irrevocably credited to its bank account. The risk of loss or damage to the Goods and Services shall pass to the Buyer upon delivery or deemed delivery. Global Magnet reserves the right to prohibit the transfer of the domain name to another party until it has received full payment for all Goods and Services supplied to the Buyer.
FORCE MAJEURE - If either party is impeded or prevented from carrying out any of its obligations under the contract for the supply of Goods and Services due to any circumstances beyond its reasonable control including, without limitation, act of Government, interruption of power supplies, failure of sources of supply, interference by a third party, war, civil unrest, industrial dispute or natural disaster ('circumstance of force majeure') the part affected shall be excused performance of such obligation for so long as and to the extent that the prevention or impediment lasts.
NOTICES AND VARIATIONS FROM THESE TERMS - Any notice to be given by either party under the contract for the supply of Goods and Services shall be in writing and sent by post to the registered office of the party to be served and shall be deemed to have been served five business days after dispatch. No variation or alteration to these Conditions shall be valid unless agreed in writing by a duly authorised representative of Global Magnet .
SAVING OF RIGHTS - The failure of either party at any time to enforce any terms, provisions or conditions of the contract for supply of Goods and Services or to exercise any rights there under shall not constitute a waiver of the same nor affect that party's right thereafter to enforce the same. Notwithstanding that any provisions of the contract for the Supply of Goods or Services may prove to be illegal or unenforceable the remaining provisions thereof shall continue in full force and effect.
LAW AND JURISDICTION - The construction, validity and performance of the contract for the supply of Goods and Services is governed by the laws of Scotland and the parties accept the exclusive jurisdiction of the Scottish courts except at the discretion of Global Magnet .
DECLARATION - I understand and fully agree to these terms and conditions.
