Terms and Conditions:
iT Rocks Marketing, iT Rocks Web, iT Rocks Media, Wimborne Web Design, Tim Allan Media, Poole Web Design, Banbury Web, Digital Black Creative, Mad Web Design and dj Tim Allan
Please take the time to read the iT Rocks Marketing business terms and conditions, as well as our website terms and conditions with care prior to using our services or website.
By doing business with us or by continuing to use our website, you signify your assent to these terms.
Business Terms and Conditions
“Customer” means a legal entity (otherwise referred to as “you”) who enters into a Contract with us to buy Goods or Services other than for private use.
“iT Rocks Marketing” means “iT Rocks Marketing”, “iT Rocks Web”, “iT Rocks Media”, “Allan Marketing”, “Allan Media”, “South Coast Web Design”, “Poole Web Design”, “Banbury Web”, “Digital Black Creative”, “Digital Black Media”, “Web Dev Worx”, “Mad Web Design”, “Algarve Web”, “Algavre Fotos”, and “dj Tim Allan” also referred to as “we” or “us” in these terms and conditions.
“Contract” means any Contract between you and us for the sale and purchase of Goods or Services, incorporating these Terms.
“Goods” means any Goods agreed in the Contract to be supplied to you by us (including any part or parts of them).
“Force Majeure” means any cause affecting the performance by Cardonet of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) act of God, explosion, flood, tempest, fire or accident; war, threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving our employees or of a third-party); difficulty in obtaining materials, labour or machinery; and power failure or breakdown in machinery.
“Normal Working Hours” means 9:00am to 5:00pm on a Working Day.
“Working Day” means Monday to Friday, excluding Bank or other Public holidays.
All Contracts of sale made by iT Rocks Marketing shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party (“the Customer”) with whom iT Rocks Marketing is dealing.
All Orders are subject to acceptance and to the availability of the Goods ordered: iT Rocks Marketing is entitled to refuse any order placed by you.
Goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing.
Cancellation of Orders
Once the Order is placed for website hosting or domain registration, it cannot be cancelled.
Prices and Payment
Goods and services are invoiced at the price prevailing at the time of acceptance of the Order. iT Rocks Marketing is not currently VAT registered.
iT Rocks Marketing reserves the right to modify the prices from time to time.
When you submit an Order, you will be notified of any additional costs including shipping, travel and installation costs.
Payment is due with order in full unless you have been approved for credit. Our standard credit terms require payment within 7 days from the date of the invoice, except in the case of transactions where different terms are agreed by us in writing beforehand.
If you fail to make any payment due to us by the due date for payment, then we may charge you interest on the overdue amount at the rate of 3% per annum above the Bank of England's base lending rate from time to time. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount.
If your payment becomes overdue after iT Rocks Marketing have emailed your invoice and a minimum of one reminder invoice your website and email services provided may be suspended, after a period of seven days your account will be considered in permanent arreares and will be closed with all files being deleted from our web servers. Should you wish to settle your account after this period iT Rocks Marketing would charge a setting up and re-installation fee to put your website back online together with setting up email addresses, this must be paid for in advance.
Payment in advance for Orders can only be accepted by bank transfer.
Delivery, Title and Risk
iT Rocks Marketing shall use reasonable endeavours to despatch Goods or publish websites by the date agreed with the Customer, but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely, we shall contact the Customer and advise of the delay.
iT Rocks Marketing does not accept liability for shortages or damage to deliveries unless the Customer notifies us of the shortage or damage in writing within 48 hours of receipt of the delivery.
Customers are required to be able to accept the Goods when they are ready for delivery within Normal Working Hours.
Delivery is deemed to take place when the Goods are delivered to the Customer's nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.
Title in the Goods or website, domain name registration does not pass to the Customer until payment is received in full by iT Rocks Marketing.
If the Customer cannot accept delivery, iT Rocks Marketing may at its option:
- Store and ensure the Goods at the Customer's expense and risk or
- Re-arrange delivery provided that iT Rocks Marketing may charge the Customer for the additional delivery costs incurred.
The Customer may request a Proof of Delivery, provided that this request is made in writing within 7 days of the date of delivery and iT Rocks Marketing shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.
Upon delivery of the Goods, the Customer will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. iT Rocks Marketing shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment.
If iT Rocks Marketing cannot supply the Goods ordered by the Customer, iT Rocks Marketing reserves the right to offer Goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative Goods offered, he or she may cancel the Order and require the refund of any money paid to iT Rocks Marketing in respect of that Order, including carriage charges. This shall be the sole remedy of the Customer in these circumstances.
Warranties and Returns
iT Rocks Marketing is committed to providing our Customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below.
In the event that Goods supplied are found to be defective at any time within the first 7 days from delivery then please contact us immediately that you become aware of the defect. Different manufacturers have differing policies for dealing with Goods, which are termed ‘dead on arrival’ meaning that the Goods are found to be faulty either on delivery or very shortly afterwards. You will therefore be advised by our Customer Services team of the relevant returns policy for goods supplied. In the event that a manufacturer’s returns policy applies we will not charge you for the collection of the Defective Goods. It is your responsibility to package and secure the Goods prior to collection to prevent damage during their return to us.
iT Rocks Marketing's Liability
In dealings with its Customers, iT Rocks Marketing shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships loss of data and other financial loss. (“Financial loss” in this sense does not refer to the price you have paid for the Goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). iT Rocks Marketing's liability in respect of all other losses shall be limited to the invoiced amount of the relevant order.
We shall not be liable to you or be deemed to be in breach of Contract by reason of any delay in performing or any failure to perform any of our obligations in respect of the Goods or Services, if the delay or failure was due to any cause beyond our reasonable control.
If we are unable to provide you with your Goods within a reasonable time due to circumstances outside our control, we shall either agree a new timescale with you for the delivery of the Goods or either of us may decide to terminate the Order in which case we will return any prepayments that you have made in full.
For all Goods sold in the UK which fall under the WEEE Regulations, the Customer shall ensure they follow the Producer (manufacturer) directions for disposal and recycling thereof. iT Rocks Marketing shall not be responsible for any costs thereof. Such directions can be found either accompanying the Goods or on the manufacturers' website.
If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
Any waiver of a breach of this Agreement must be in writing.
Any variation of this Agreement must be in writing and signed by a duly authorised iT Rocks Marketing official.
The headings are for convenience only and shall not affect the interpretation of this Agreement.
Any notices given under this Agreement shall be in writing and sent by first class pre-paid post to the last known address of the party; or by e-mail to the last notified e-mail address of the party.
These terms and conditions shall be governed by and construed in accordance with the laws of England & Wales and the parties submit to the non-exclusive jurisdiction of the English courts.
iT Rocks Marketing may at its discretion record telephone transactions for staff training and quality control purposes.