Commatic Limited of Cirencester
These terms and conditions relate to services and products supplied by Commatic Limited (herinafter referred to as 'Commatic', 'Us', 'We' or 'Our') or any other entity which is a trading name of Commatic Limited to Clients of Commatic or users of Our websites (herinafter referred to 'Clients', 'Client', 'You' or 'Your'). Commatic Limited is registered with Companies House in England & Wales. Our company registration number is 03572301 and Our registered office is Oakley House, Tetbury Road, Cirencester, Gloucestershire, GL7 1US.
The term 'You' refers to the user or viewer of Our website.
The information contained in the website is for general information purposes only. The information is provided by Commatic Limited and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance You place on such information is therefore strictly at Your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the website.
Through the website You are able to link to other websites which are not under the control of Commatic Limited. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Commatic Limited takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond Our control.
1.1 All products supplied by Commatic to Our Clients remain the property of Commatic until full payment is received. Our standard payment terms require payment to be made within 14 days of the invoice date. We reserve the right to charge interest at 8% above the Bank of England Base Rate on late payments.
1.2 If a service which Commatic has supplied to a Client has not been paid for within the payment terms displayed on the relevant invoice (usually 14 days) Commatic reserves the right to withdraw or suspend the service until payment has been received. If the product or service is on auto-renewal then the renewal may be cancelled. Auto-renewal of any other services supplied to the same Client may be also cancelled. If Commatic has incurred costs during the supply of the service We may seek to recover these costs from the Client. Further, Commatic also reserves the right to cancel the order or service.
1.3 A reactivation fee of no less than £25 + VAT may be charged to re-activate services suspended due to late payment and will be payable prior to re-activating the suspended service(s).
1.4 If a Client has more than one outstanding invoice when a payment from the Client is received by Commatic, Commatic reserves the right to decide which invoice to apply the received payment to. Typically this could mean applying the payment to the oldest outstanding invoice first.
1.5 Commatic accepts payments from Clients by credit/debit card, but Commatic reserves the right to apply a 3.5% fee to credit card payments and a £1 fee to debit card payments to cover the cost to Us of these payment methods.
1.6 Commatic accepts payments by bank transfer from Client and will supply Commatic's bank account details on request.
1.7 When Commatic provides a recurring service to a Client for which Commatic incurs a cost (such as, but not limited to, website hosting, domain name registration, email virus checking) Commatic will usually invoice the the Client in advance (typically one month) of these costs being incurred by Us.
1.8 Commatic charge a 50% deposit before work commences on a project. Depending on the size of the project We will then EITHER charge a stage payment of 25% and a final payment of 25% OR a final payment of 50%.
1.9 If, on receipt of an invoice from Commatic, a Client disputes one or more items on the invoice, this dispute should be raised with us in writing or via email no later than 7 days from receipt of the invoice.
All hardware supplied by Commatic comes with the same manufacturers warranty that would have been given to You if You had purchased the product directly from the manufacturer or supplier.
3.1 All hosting and email accounts are subject to a 12 month minimum contract term. Domain names are usually registered for 1 or 2 years.
3.2 Near the end of the current term Commatic will contact the Client regarding renewal. Clients may cancel any package renewal by contacting Commatic by email.
3.3 To terminate any services provided by Commatic to a Client, Clients may be required to complete a Closure Confirmation form and/or put the termination request in writing and post the notice to Commatic (postal address supplied on request), authorising the termination of services and permanent removal of all website and email services on the account, from our servers. On receipt of a completed Closure Confirmation form and/or termination request, the account will be scheduled to close. Commatic will usually acknowledge the closure by sending an email to the email address registered on the account. No refunds will be made in respect of services paid for in advance which are cancelled by the Client before the current service period ends.
3.4 Commatic reserves the right to terminate a service provided to a Client at the end of the existing billing period. Commatic will inform the Client of such a decision by email or letter.
3.5. In the event that Commatic cancels a service provided to a Client, the Client may be entitled to a pro rata refund based upon the remaining period of the service minus a £75 + VAT administration charge.
4. Transfer of service
4.1 If a Client transfers a service from Commatic to a third party (such as, but not limited to, domain names and website hosting), the Client is responsible for making any backups they require prior to the transfer. This includes, but is not limited to, blog postings, website source files and emails. If, after transferring a service to a third party, the Client requires a backup of data (including, but not limited to website files) then, and only if Commatic are able to supply the requested files, the charge for this backup service is £75 + VAT.
The backup will be provided on CD, DVD or emailed file as appropriate.
4.2 If a Client chooses to transfer a service away from Commatic (such as, but not limited to domain name hosting and website hosting) for which the Client has paid in advance for the service (such as an annual fee for website hosting) then Commatic will not refund any part of this up front fee.
4.3 Commatic reserves the right to charge an administration fee of up to £75 + VAT per service to cover the cost of administrating a transfer. This fee is required to be paid in advance of the transfer.
5. Support Services
5.1 Where Commatic are providing support services to a Client We may install password protected remote control onto the Client computer to enable Us to provide remote support. We will uninstall this software if requested to do so by the Client.
5.2 Where Commatic are providing support services in relation to email service We may need to access Your emails to diagnose faults and fix service issues. We do not keep backups of your emails and We suggect that you take regular backups.
5.3 Where Commatic are providing support services in relation to website hosting We may need to access Your website files to diagnose faults and fix service issues. We do not keep backups of your website files and We suggect that you take regular backups.
5.4. If a problem arises with a service provided by Commatic and that service is supplied to Us by a third party then We will work with the third party to disgnose the problem. However, in these circumstances Commatic may have limited scope to resolve the problem and We may be reliant upon the third party. We cannot be held responsible for faults or problems that occur which are out of Our control.
6. Copyright / Trademarks and Intellectual Property
6.1 If you supply content to Commatic (including, but not limited to text, photos, graphic files and video files) you must either own the copyright to the content supplied, or have written confirmation from the copyright owner that You have permission to use the content and have permission to supply the content to Us for use on your behalf.
Please see Our Privacy page.
We also use various affiliate marketing companies and companies such as Google who may also set cookies during your visit to be used for remarketing purposes - in other words to show you different products and services based on what you appear to be interested in. If you'd like to opt out, please go to the Network Advertising Initiative website (opens in a new window).
9. Provision of third party services
9.1 When We provide you with a service supplied to us by a third party (including, but not limited to, an email account, website hosting or cloud storage) We will act as your point of contact for the service. Should you encounter a problem with the service We will gather as much information from you as possible in order to resolve the problem. If We cannot resolve the problem then We will contact the service provider on your behalf and attempt to resolve the problem directly with the service provider.
You grant us permission to access your email account and/or website hosting if required. See points 5.2, 5.3 and 5.4
Commatic do not provide information on legal matters or law which could affect any service provided by Commatic. It is, therefore, the responsibility of the Client receiving the service to ensure they are adhering to any applicable law. Any legal information provided by a Client of Commatic for inclusion on the Client's website should be checked by the legal respresentative of the Client prior to being sent to Commatic.
These terms and conditions are subject to change. Terms and conditions version 20161124