1) This Agreement
a) This document constitutes the whole Agreement between Back Doctor Ltd (‘us’/’we’) and the customer (‘you’). No Change to it can apply unless it is in writing and signed by one of our Partners and someone authorised by you.
b) From the date of the acceptance of this Agreement by us, we agree to commence development on the products and services set out in “solution Details” described overleaf (which are described in these terms as ‘Service’) and you agree to make payments according to the terms of this agreement.
c) If we do not, at any time, enforce any of our rights under this Agreement, we do not give up any of those rights.
d) The minimum term in respect of our web development Services is 24 months.
a) Payment to be made quarterly in advance
b) Minimum contracted period 24 months
c) Unless 60 days written notice shall have been given by you to us prior to the expiry of the initial 24 month minimum contract period then the Agreement shall continue for a further period of 12 months upon the same terms and conditions.
d) Payment to be made on the 1st of the month
e) First payment to commence on the 1st of the month after signed Agreement has been received from us.
f) You must provide us with the necessary information to complete the web solution. If you fail to provide such information you must still make the payments due under the Agreement.
g) Every payment must be made in full and on time. You must continue to make payments even if there is any interruption or any difficulty with the Service.
h) If payments are not made on time, we have the right to suspend the Service.
3) Website Copyright
All work produced is licensed for use by you on the agreed number of websites (usually one). The code in use will still be considered either copyrighted to Back Doctor or will carry a GPL License where appropriate.
Your access to and use of Back Doctor (“the Website”) is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
Changes to Website
Back Doctor Ltd reserves the right to:
change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Back Doctor Ltd shall not be liable to you for any such change or removal; and
change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change. Links to Third Party Websites
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites. Copyright
All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Back Doctor Ltd or otherwise used by Back Doctor Ltd as permitted by law.
In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
Disclaimers & Limitation of Liability
The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, Back Doctor Ltd will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
Back Doctor Ltd makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Back Doctor Ltd for death or personal injury as a result of the negligence of Back Doctor Ltd that of its employees or agents.
You agree to indemnify and hold Back Doctor Ltd and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Back Doctor Ltd arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.