Binary And Beyond - General Terms and Conditions

Binary And Beyond Software Engineering

info@binaryandbeyond.com
0044 1443 480 592

General Terms and Conditions

This page contains our general terms of service and conditions of business. It is possible that we have other written agreements in place which supplement and or supersede this more generic information.

Information is provided here for guidance only and is in plain English as opposed to the usual legalese - if you need clarification of any issues - please get in touch before we conduct business together.

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By trading with BinaryAndBeyond, you implicitly agree to having read and agree to the following terms and conditions :

Non Disclosure

All parties agree that any confidential information they may encounter during a transaction, shall be treated as secret and not divulged to any third party.

Right to Refuse

We reserve the right to refuse to service clients - at our sole discretion - as we deem necessary.

Non Payment

All physical and intellectual property supplied by us, is owned by BinaryAndBeyond until paid for in full by the recipient. We reserve the right to reclaim any physical objects which are past due (unpaid), likewise we reserve the right to disable, or re-sell any intellectual property (non physical) not paid for fully by the original recipient.

Payment Terms

Established customers with sufficient credit benefit from a 30 day delay from the Invoice date to the time when payment is needed.

Smaller/New/Individual customers are required to pay on a per-use basis, and at times - depending on specific circumstances, some customers may be asked for part payment in advance - this is usually the case where intellectual property comprises a significant part of the work.

Refunds and Reimbursement - Physical Objects

Any physical objects supplied by us - will have been specifically ordered for the recipient - at the written or verbal request of the recipient. We will ensure that the warantee/guarantee is fulfilled by the Original Equipment Manufacturer or Supplier. We reserve the right to pass on and charge additional restocking/handling fees if forced to take return of physical object(s) - for any reason other than the physical goods being delivered not fit for purpose.

Refunds and Reimbursement - Intellectual Property

As all intellectual property is created specifically for the recipient, we are unable to refund or reimburse payments after delivery.

Domain Names

We register names mostly on behalf of our clients - at the request of the client, however some domain names which may host facets of the website or software are our property, will remain our property and will not be transferred to the customer upon request.

Domain Name Transfers

We will transfer domain names registered specifically for a client provided there are is no outstanding billing, and the fixed costs of transfer is paid in advance. We will undertake transfers quickly, and agree to expedite the process as soon as transfer payment has been cleared. Different name registries charge different fees for different services - the cost of each transfer is made up of parts (direct costs from registry) and labour (the time it takes us to deal with the specific registry).

Hosting Refunds

When hosting websites we do so for 12 month periods. We will not refund any fees should the client decide they no longer wish to use our hosting services. This is mainly due to restrictions imposed by our suppliers.

Hosting Content

When dealing with clients, it is impossible for us to filter out "propaganda" (also commonly known as B.S.) from our input. As the old acronym reads : Garbage In Garbage Out. All our clients own their editorial/copy (website words), and individually sign it off (before it is made public). Respective clients own their content and we are not able to attest to the Accuracy or precision of any claims made by our clients, neither are we responsible for any omissions they may make.

It takes Two to Tango

Simply, if we are assisting you, and you are being evasive (or otherwise unhelpful), the quality of the end product will suffer, and we take no responsibility where this is the case. Charges and Billing is unaffected by high customer impedance, time is money and our staff will appeal to our clients where this is the case, but are generally unable to work miracles when operating in a vacuum.

Hosting (Websites, DNS, Email) Reliability

Sometimes we are at the whim of our suppliers, sometimes things go wrong. We do our best to ensure that this happens as infrequently as possible, but even good quality machinery breaks and that is something we are unable to avoid. We will do you a deal on your server lease - at renewal time, and provide a discount or free additional time, but we are unable to refund for acts of god.

Application Hosting

We will have a written agreement in place regarding your application hosting. Application and Database hosting is very different to vanilla webshosting, and as such we will be bound by different suppliers and terms as the specific case dictates. You will find that we are exceptionally generous with our Service Level Agreements on everything except trivial Applications.

Acts of God

Whether you believe in god or not, it does not matter - this case applies equally to all customers. Sometimes, things go wrong for no predictable or foreseeable reason, and while we do our best to mitigate the risk - and we will have discussed the risks with you (or your nominated representative) prior to undertaking works, the bottom line is that we are liable for ourselves and our own equipment, our suppliers are liable for themselves and their equipment, and you (or your nominated representative) are liable for you and your equipment. We have a duty of care to do the best we can considering each individual case as it happens but know that with the best will in the world even the most skilled engineer in the world will fall foul of some particular caveat, and come unstuck at some point. In short : we are not liable for you, your equipment, or your data it remains your responsibility (or that of your nominated representative) at all times. Likewise we are at the mercy of our suppliers - who may let us down in some cases - and we do not accept liability on their behalf.

Backups

We will provide you with backups of your data at your cost and upon request. You will be responsible for the security and integrity of data once received, and you will be responsible for all the implications a leak may cause.

Covenant

If we disappear of the face of the earth, we have covenants in place to get you all the details you need to maintain your presence (whether it is software, database, website, domain names etc.). You would at worst need to hire another temporary pair of hands to deal with taking over payment schedules, maintenance etc.

Other

We operate an open and honest business, we have high levels of ethics and a good moral standing. We do not believe in "sharking" and keep everything neat and above board. If you are unhappy with any of theses terms of service please do not hesitate to get in touch and we can discuss whatever elements do not appeal to you in depth to ameliorate the situation.

These terms and conditions are subject to change

Please check these terms and conditions periodically - as they are lightly to change, and be added to over time. These terms and conditions were last updated on the 20/08/2010.

Laws

Any dispute arising out of our "Physical operations" are subject to the laws of England and Wales exclusively. Some of our "Logical operations" are more appropriately covered by EU legislation.

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