These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
License to use website
Unless otherwise stated, Beach Hut Studio and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website except for content specifically and expressly made available for redistribution.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Beach Hut Studio's express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Beach Hut Studio's express written consent.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Beach Hut Studio a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Beach Hut Studio the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Beach Hut Studio or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Beach Hut Studio reserves the right to edit or remove any material submitted to this website, or stored on Beach Hut Studio's servers, or hosted or published upon this website.
Notwithstanding Beach Hut Studio's rights under these terms and conditions in relation to user content, Beach Hut Studio does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
Directory Listing payments:
If you place a listing on one of our directory web sites then you will be offered a number of ways to pay including a Paypal subscription and cheque. Alternatively you can contact us regarding another payment method.
If you pay by Paypal subscription this will be an annual subcscription that will be collected automatically on each renewal date until your cancellation. If you do not wish to proceed with your renewal/subscription you may cancel it at anytime in the 12 months up to your renewal date. Paypal will only collect the payment if your subscription is still live.
Directory listing cancellations:
Should you wish to cancel your listing prior to renewal then we will consider a pro-rata refund less an appropriate Administration Fee (that will take in to account any Paypal fees and work undertaken by Beach Hut Studio). You will be advised of the amount when cancellation is discussed.
Refunds are made at Beach Hut Studio's discretion.
This website is provided “as is” without any representations or warranties, express or implied. Beach Hut Studio makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Beach Hut Studio does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any legal or financial matter you should consult an appropriate professional.
Limitations of liability
Beach Hut Studio will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Beach Hut Studio has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Beach Hut Studio's liability in respect of any:
- death or personal injury caused by Beach Hut Studio's negligence;
- fraud or fraudulent misrepresentation on the part of Beach Hut Studio; or
- matter which it would be illegal or unlawful for Beach Hut Studio to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Beach Hut Studio has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Beach Hut Studio's officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Beach Hut Studio's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Beach Hut Studio.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Beach Hut Studio and undertake to keep Beach Hut Studio indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Beach Hut Studio to a third party in settlement of a claim or dispute on the advice of Beach Hut Studio's legal advisers) incurred or suffered by Beach Hut Studio arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Beach Hut Studio's other rights under these terms and conditions, if you breach these terms and conditions in any way, Beach Hut Studio may take such action as Beach Hut Studio deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Beach Hut Studio may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Beach Hut Studio may transfer, sub-contract or otherwise deal with Beach Hut Studio's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with England and Wales Law, and any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of England & Wales.
Liability for websites not owned by Beach Hut Studio:
Beach Hut Studio develops, builds and manages websites and other projects on behalf of clients. All issues of liability and copyright of the websites content rests solely with the owners of the website and not the designer (Beach Hut Studio Ltd).
We are unable to guarantee the confidentiality or security of any data passing via these Websites. Accordingly, your use of these websites is at your own risk.
The Intellectual Property right of websites, design or other projects developed by Beach Hut Studio remains with Beach Hut Studio Ltd.
This includes, and is not limited to, retaining the right to use all images of web design and other design work completed by Beach Hut Studio, even in the event of a termination of any retainer/contract/agreement.
Retainer, Fixed Price and Daily Rate:
Beach Hut Studio offers a range of pricing solutions for projects including a retainer, fixed price and a daily rate.
Our Retainer Rate offers a discounted price based on the commitment of the client to regular and ongoing payments. The discount is applied to the work at the time of invoice.
Termination of work:
In the unlikely event that a client wishes to end a working relationship with Beach Hut Studio Ltd, an invoice will be raised to cover all incomplete and/or work yet to be invoiced.
Please note that all uninvoiced work will be charged at the full business rate (£70 per hour) - not at discounted retainer or fixed price rates.
The secure transfer of all website source files can be undertaken by Beach Hut Studio at the clients request. A single flat Service Fee of £400 will be charged which will include the fees of the server provider and secure delivery through an appropriate provider. Accounts must be in good order before data and license transfers can be completed
Website & E-mail hosting:
Where we provide website and/or e-mail hosting for clients we aim to offer the best service in terms of uptime, availability, speed and support, whether these are on a dedicated server or shared server. However the nature of the Internet does mean that down times for fixes, errors or to protect from attack do occur and if this is the case, Beach Hut Studio Ltd is in no way liable for clients lost earnings, loss of face or any other such claim.
Website images and fonts:
Where a client provides imagery or fonts for their website its licensed usage is solely the responsibility of the client.
Where images are purchased for a client by Beach Hut Studio for use on the clients website or marketing material, Beach Hut Studio will do so from a recognised library. Every effort will be made to ensure that the image is purchased in the clients name and is licensed correctly, but it remains the reponsibility of the website owner to ensure that this is the case.
Similarly any special fonts will be purchased in the clients name but again it is remains the responsibility of the website owner to ensure this is correctly licensed.
On termination of a working relationship with Beach Hut Studio all the images and fonts will be passed to the client.
Beach Hut Studio's details
The full name of Beach Hut Studio is Beach Hut Studio Limited
Beach Hut Studio is registered in England under registration number 7076935.
Beach Hut Studio's is 16 Anchor Close, Shoreham by Sea, West Sussex BN43 5BY.
You can contact Beach Hut Studio using our contact form
This document was created using a Contractology template available at http://www.freenetlaw.com.