Terms and Conditions

All contents of this 'web site' are: Copyright © 2002 Trademakers. These Terms and Conditions govern your use of this web site and all Trademakers associated web site's.
(All Trademakers web sites and its associated web site's will be referred to as 'web site' throughout these terms and conditions)

Trademakers reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this 'web site' following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this 'web site'.

Copyright

The contents of this site are the property of Trademakers, and are protected by UK and International copyright laws. All 'web site' design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, visual clips, audio clips, logos and button icons, and all other material on this 'web site' are copyright © 2002 Trademakers, or their content and technology providers. ALL RIGHTS RESERVED. Permission is not granted to electronically copy and to print in hard copy portions of this 'web site'. Any use of materials on this 'web site' including reproduction, modification, distribution, or republication without the prior written and signed permission of Trademakers is strictly prohibited.

Privacy Policy

Any information, data or request communicated via 'the web site' owned by Trademaker is treated with respect and the utmost confidentiality. Trademakers reserve the right to store private information and use to the benefit of the customer/user. Details of any kind will remain within the private directories of Trademakers. Trademakers also reserve the right to future distribution of e-mail addresses to a third party, and all necessary regard has been given to the requirements of the Data Protection Act (Data Protection Act 1998) to protect our customers/users. Trademakers wants to ensure that our clients' privacy is protected at all times, and we employ security measures to safeguard all transactions with us. Some of our web pages may contain links to other sites on the Internet, and Trademakers is not responsible and cannot be held liable for the content of, or privacy practices employed by other sites.

Disclaimers

This 'web site' may provide information and links to enable you to buy products or services from outside businesses. By using this service you acknowledge and accept that Trademakers does not accept any responsibility or liability for any loss or damage you may suffer as a result of you ordering or purchasing any goods or services through this 'web site'. The information on this site whilst Trademakers (UK) Limited tries to ensure that the information on this site is accurate and complete, Trademakers is not always able to check the accuracy or completeness of that information and Trademakers does not accept any liability arising from inaccuracy or omission in the information on this site. All product downloads from the 'web site' become the responsibility of the customer for correct selection and download. The 'web site' will not be held responsible for the wrong selection of product downloads that may become time consuming due to bandwidth restriction.

You are advised to verify the accuracy of any information before relying on it. Trademakers does not warrant that the content on this site is virus-free. You acknowledge that any material and/or information downloaded or otherwise obtained through the use of this site is at your own discretion and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

You accept that Trademakers is not to be held responsible for any loss of profit or exposure of any kind due to any faults on the Internet that happen from time to time such as: A server being down, returned e-mail or failure to send, a power surge or power failure, a virus or error. Trademakers is also not to be held responsible for loss of any profits due to natural occurrences of any kind such as: Earthquake, Typhoon, Flood or Fire.

Indemnity

You agree to indemnify Trademakers and its subsidiaries, affiliates, or other partners and subcontractors, and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement;

Conditions

These conditions shall apply solely to all orders placed with Trademakers for Trademakers own products and services unless otherwise agreed in writing. Any conditions contained in a Customer's order form which conflict with any of these conditions shall be deemed to be inapplicable unless otherwise agreed in writing.

We hope that you will be completely satisfied with your product. However, it may be necessary to return your product to us in some limited circumstances. Please ensure that you follow the instructions for returning a product to avoid delays in processing your return. Other than as required by law we have no general policy of accepting returns. All returns and refunds on products are at the discretion of the Customer Service Manager. Returns will not be accepted unless they have a Returns Authorisation Number on the label. This number can be obtained by contacting Trademakers by email or post.

Any product returned to us will be subject to the WorldPay Guarantee Service terms and conditions and processes; all products must be returned with all associated items originally sent as part of the product and in the same packaging.

All returns related to an 'automatic electronic download' of a product or service from any of Trademakers sites are subject to the standard terms and conditions for returns but because of the nature of the service any return will be subject to satisfactory review as to the reason for the return.

When sending the return to us, you are responsible for the safe carriage of the product back to us. You should return any product to us via a suitably insured means based on the value of the product. This means that you may recover the full value if the product is lost or damaged. You should retain any receipt confirming the return. If returned products are lost Trademakers cannot be held liable for them. Refunds will not be issued until the product has been received by us in its original or delivered state. Agreement of the refund has to be received by you in writing by email or post prior to the return. Returns without an authorised returns number will not be accepted.

The goods must be returned in an unused and re-saleable condition; if the product is in a re-saleable condition a 100% refund will be granted. Should it transpire that a product is not fit to restock and has to be subsequently repacked, a restocking and handling fee of 20% will apply. Should we authorise the return of an unwanted product, you are responsible for the cost of safe carriage back to us. Furthermore you are advised to organise appropriate insurance to cover the return journey.

Delivery

Delivery charges and estimated time scales are as specified. We make every effort to deliver goods within the estimated time-scales, however delays are occasionally inevitable and time for delivery will not be of the essence. Delivery should be achieved within thirty [30] days. You are responsible for ensuring that the dimensions of your product(s) and the delivery destination are suitable for delivery. Where delivery has been attempted, your delivery charge will not be refunded. We will endeavour to keep you informed of any delay to your expected delivery date.

Online Payment Policy

Trademakers and all its associated 'web site's all utilise the WorldPay protection guarantees for all online transactions ensuring maximum security and customer protection.

WorldPay Guarantee Service

With WorldPay you receive the 'Shopper Guarantee'. Research shows that 81% of online store owners feel that their sales would increase if shoppers were less concerned about fraud. For this reason WorldPay protects shoppers, who purchase goods/services on any WorldPay guaranteed customer web site's. This promotes the shopper coming back to the store, time and time again.

Shopper Guarantee

When using a WorldPay Guaranteed online store the fulfillment of all transactions made by the shopper, is guaranteed by WorldPay. The Shopper Guarantee also enables the shopper to dispute a transaction directly with WorldPay (accessed via www.worldpay.com), if goods or services they have paid for are not delivered or are not in accordance with the transaction contract. This process will therefore reduce the number of cardholders/shoppers disputing the transaction with their card issuers. In the event that the cardholder is not satisfied WorldPay will arbitrate on the matter and determine whether or not the cardholder should be refunded.

Termination

If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you;
If you break any of these terms and conditions and you fail to correct the breach within thirty (30) days following written notice from us specifying the breach, we may terminate this Agreement forthwith upon written notice;
If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith without notice to you;
On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit;

Order Processing

We require receipt of an official purchase order or a signed Trademakers order form before any work can commence, along with the relevant initial fee relating to the product/service taken. Acceptance of services/products supplied by Trademakers automatically binds the buyer to Trademakers terms and conditions; terms and conditions supplied with a buyers purchase order are superceded by this. Trademakers reserves the right to carry out its service requirements in the manner appropriate to supplying the service and as stated at the outset of the work to the client.

Payment Terms

All services/products taken are subject to the payment terms agreed at the time of purchase and in accordance with Trademakers official price list. The price list can be subject to change at any time. Any additional work outside the agreed initial specification is billed separately and is subject to our standard 14 days payment terms. Whilst we do try to give an accurate price for all work carried out some things are outside our control, including hosting costs and we cannot guarantee that some prices will not be subject to change.

Hosting/Domain Registration

Hosting webspace, registration of domain name in the clients name and any work carried out by Trademakers on the behalf of you the client, remain the property of Trademakers until the account is paid in full. Domain names registered in the name of Trademakers remain the property of Trademakers.

Confidentiality/Intellectual Property

Trademakers own the rights to the code/functionality of all work carried out on behalf of clients. Such code may not be copied, sold or adapted for use elsewhere except where indicated as public domain or attributed to individuals outside of Trademakers. We refer in particular to large database driven websites which may not be replicated or sold without the express permission of Trademakers.

General Terms

Trademakers make every attempt to stay abreast of the law and how it relates to online shopping, however, the onus is on you, the merchant to ensure that your website complies with current legislation. Under no circumstance will Trademakers or any of its associates or directors be held liable for changes in legislation during the lifetime of your shopping facility. You also have to state a date by which time the goods will have been delivered. The emphasis in consumer law now, is very much on delivery times, and how and where goods should be returned. In most cases, consumers have a 14 day cooling off period which means they have the right to return goods during this period if they so choose.
Current legislation regarding storage and retrieval of data (Data Protection Act 1998), including email can be found here.
Disclaimer:
Neither Trademakers or any of their respective directors, employees, servants, agents, affiliates or other representatives will be liable for loss or damages arising out of or in connection with your use of, or your inability to use, the services and/or facilities offered. In using our services, you are agreeing, and you are signifying your agreement, to be bound by these terms. This does not affect your statutory rights.
Even the best equipment can fail, and we accept no liability for loss of business in the event of a hard-drive failure or loss of service on any of our servers. In the event of an interruption in service, we will endeavour to restore normal service as soon as possible, and reinstate your site using the most recent backup we have - where relevant We do not accept responsibilty for loss of business under any circumstance. (unless a specific emergency cover has been agreed in writing beforehand )
* If you do decide to take and operate your own credit card validation services we cannot guarantee that you will be accepted for these services. You will need to obtain a merchant account - we can help you with this but it is issued subject to status from your bank facility. Anyone utilising Trademakers merchant account is not subject to this procedure.

We reserve the right to permanently discontinue service at any time, without notice and without refund, should you be found in violation of any of Trademakers terms & conditions or found to be instrumental in jeopardising Trademakers best interests and the interests of its clients.
We do not allow links to illegal websites or associated material and it is your responsibility to ensure that your website complies with UK legislation, and legislation pertaining to your product/service and in what country it is sold in, including voluntary & compulsory acts covering published material.