Below are the general conditions of GIC INTERNATIONAL LTD, hereafter referred to as the "supplier".
These conditions apply to all deliveries by the supplier, to the exclusion of other terms and conditions of its counterparts unless explicitly stated otherwise by written agreement.
By signing an agreement, quotation or order or agreement legislation by email, each party hereby agree to these terms.
These conditions were last updated on August 1, 2010 and are known as "General Conditions"
1. Definitions
1.1.Website: A coherent set of digital web pages, including any associated digital images, scripts, databases, web shops, CMS systems.
1.2 Maintenance of a website by the vendor incorporate new information provided by the client (text and images) in the existing website of the client,
or writing new or changing existing text in the existing website of the client.
1.3.SEO.: changing the website to achieve organic results in search engines.
1.4 VoIP: Voice over Internet Protocol and virtual phone numbers.
1.5 E-mail marketing: sending e-mails to the opt-in email database of the client.
1.6.TSA: software for office automation.
1.7 Client: the natural or legal person with whom
the supplier signs an agreement for the provision of
services.
2. Relevance
2.1 By signing a contract with the supplier, the client declares that he is aware of the general conditions of the supplier and that he agrees to these terms.
2.2 The customer is deemed tacitly to the exclusive application of these terms to have agreed to any of
its oral, written, telephone, by e-mail, telex or fax or otherwise specified commands, regardless of any written confirmation from supplier.
No other specification, description, publication, written or oral commitment, will be part of these
terms or will be accompanied or are expected to be made in these conditions.
Any purchases, payments or other conditions of the client are not applicable unless specifically accepted in writing by the Supplier, even if the
conditions of the customer are to exclude these conditions.
All quotations and offers made by or on behalf of Supplier are not binding and may be revoked by the Supplier as long as a supplier to the tender offer
or further order or contract is not accepted in writing
All bids and offers are subject to regulatory changes in the order by the customer or by changes in suppliers. Supplier reserves the right to refuse
any order or contract and without giving reasons.
Placing an order or instruction to Supplier is deemed acceptance of these terms and conditions. www.g-i-consulting.co.uk is always part of the
purchase orders, tenders, contracts, invoices and credit notes of the Supplier.
A copy of these conditions can always be obtained free on request. The person placing the order or contract on behalf of the customer is presumed to be
authorized. He wears at his and his principal responsibility to any third parties.
3. Offer and acceptance
3.1 All offers and prices quoted by the supplier are not binding, unless agreed by both parties.
3.2 Quotations and offers by the supplier remain valid for one month, unless a different period is specified by the supplier. Invoicing is based on
signing a contract, offer or agreement or order command via email and possibly ordered or performed more work running the command.
3.3 Changes to the original agreement between the client and the supplier are only valid from the time that these changes through an additional or revised
agreement accepted by both parties.
3.4 A compound quotation shall not oblige the supplier to carry out a part of the assignment against a corresponding part of the price.
3.5 Offers do not apply automatically to future assignments.
3.6 The client acknowledges each e-mail or fax traffic as legal, valid evidence pursuant to article 2281 of the Civil Code.
4. Promocodes & analysis
4.1 Each client can only use one promocade during 6 consecutive months.
4.2 If a client wishes to use a promocode for an analysis, the client is obliged to make an appointment with the supplier within a reasonable period in order to hand over and discuss the
analysis. If the client refuses to make an appointment with the supplier within a reasonable period, the refusal cancells the analysis..
4.3 If the client cwishes to use the Data backup analysis, with or without promocode, the client needs to provide the supplier access to the buildings where the client stores its data.
5. Implementation of the agreement
5.1 The supplier will contract to the best of
ability and in accordance with the requirements of
good craftsmanship.
5.2 If and insofar as the proper execution of the
contract demands, the supplier has the right to have
certain work done by third parties, whether or not
as a subcontractor.
5.3 The client shall ensure that all data which the
supplier indicates that are necessary or which the
client can reasonably understand to be necessary for
the execution of the agreement, will be transferred
to the supplier.
If this required information is not timely provided
to the supplier, the supplier has the right by
implementation of the agreement to suspend and / or
add additional costs resulting from the usual rates
to the client
5.4 The supplier is not liable for damages of any
kind, due to the client’s providing of incorrect or
incomplete information, unless such inaccuracy or
incompleteness of the supplier should have been
aware.
5.5 If it is agreed that the agreement will be
executed, the supplier can implement those parts to
a next stage until the client agrees to the results
of the preceding stage in writing.
5.6 If the supplier or third parties engaged by the
client as part of the assignment do work at the
location of the principal or a site designated by
client, client shall ensure reasonably required
facilities to those employees free of charge.
6. Duration and termination
6.1 Design, Programming, (re) style
6.1.1 The design, styling, restyling or revamping of
websites or other computer programs is a management
contract decision. Work for which no delivery date
has been previously agreed, shall be performed
within a reasonable time, at an hourly rate of
sixty-five (65.00) Euros, unless explicitly stated
otherwise per agreement.
6.1.2 The implementation period is suspended in the
cases stipulated in Articles 4.3, 6.2, 6.4, 8, 10.
6.1.3 The period of performance ends with the
provisional acceptance, tacitly made by the occasion
of the publication on the Internet.
6.1.4 After initial publication on the Internet, a
period of eight days will follow in which the
customer can make any comments, after which the site
is finally deemed to be delivered.
6.2 Hosting a website and domain name management
6.2.1 Unless otherwise agreed, all hosting contracts
and purchase, transfer and renewal of a domain name
entered on an annual basis. They commence once the
necessary space is freed on one or more servers, and
are subject to cancellation received at least one
month before the due date automatically renewed for
a further period of one year, the supplier has the
same rights regarding the termination and the client.
6.2.2 A late payment of hosting, one or more bills
and invoices for the purchase, transfer and renewal
of a domain name (which in principle is due yearly )
does form the ground, as from the eighth day after
notice to disable the site and remove or overwrite
the data, in which case the invoice amount will
remain payable.
6.2.3 Unless expressly agreed, the client itself is
responsible for the transfer of a site in the event
of termination of the hosting agreement. In case
such assistance is requested from the supplier,
these performances are charged a fee.
6.3 Maintenance and SEO renewals
6.3.1 Maintenance contracts and SEO renewals start on the date of
provisional acceptance and be committed indefinitely,
unless explicit agreement.
6.3.2 Maintenance contracts of indefinite duration
and SEO renewals are terminable at any time provided that notice of
at least three months.
6.3.3 A late payment of one or more invoices for
maintenance (which in principle are payable
quarterly) yields from the first days after the due
date of a suspension of the right to maintenance
performance, with the remaining terms will remain
payable.
6.4 General
6.4.1 The supplier may immediately terminate the
contract with the client when the client is in
improper or incomplete compliance with the
agreements concluded with the supplier including the
related conditions.
6.4.2 The supplier has the right to terminate
agreements without notice or judicial intervention,
with immediate effect if the client has been
declared bankrupt, has deferred payment or a
composition has requested or obtained or otherwise
wholly or partially dispose of his lost power. The
client then has no right to compensation.
7. Methods of delivery
7.1 The supplier shall verify receipt of the
required data, text and / or images as soon as
possible to start creating the agreed products or
services and inform the client with the expected
delivery time.
7.2 When designing a new website the supplier will
make a first outline and submit it for approval to
the client. The latter monitors the draft and
comments, remarks or comments as soon as possible to
the supplier.
If the client does not respond within 30 days on the
basic design, the vendor assumes that the client
agrees with the basic design. Receiving responses
from the client on the basic design after 30 days or
failure to react within 30 days, the supplier is
entitled to complete the entire website.
7.3 The supplier will be made available in a manner
to be specified (ftp, email or CD-ROM) to the client
upon request, provided that payments are met on the
internet.
7.4 If the proposal phase advance was negotiated,
the client, after signing a contract, offer or
agreement or order by e-mail legislation is obliged
to pay the advance.
The supplier reserves the right execution of the
order on hold until the advance has been agreed.
8. E-mail marketing
8.1 Definition
"Services" means sending the emails by the supplier
on behalf of the client. The contents of these
e-mails supplied by the client.
"Emails": Opt-in e-mail addresses supplied by the
client.
8.2 Responsibility
The contents of the e-mail sent by the supplier on
behalf of the client, will be the complete and sole
responsibility of the client.
8.3 Prohibited Content:
The client will not use the services of the supplier
to send the following information:
- Personal information about minors without parental
consent
- Pornographic or nude pictures
- Unsavory images
- Elaborate violent material
- Links to websites that serial numbers for software
illegally decrypt contain
- Pyramid schemes
- Chain letters
- Imitation of another person
- The use of narcotic substances encourage
- To sell or promote products banned in the location
where the e-mail received
- Encouraging and promoting violence against a
person, organization or government
- Links to Web pages that contain the above content.
8.4 Set-up and delivery
The set-up e-mail marketing campaign takes minimum
15 days to complete. The desired time of
transmission depends on the delivery of content and
images by the client to the supplier and the final
approval of the design of the e-mail by the client.
The supplier is not responsible for any delay in
shipping if the customer fails to deliver the above.
9 Force Majeure
9.1 The Supplier accepts no liability to his
obligations, where the causes are due to force
majeure or causes unknown by supplier .
9.2 In the event that force majeure is temporary in
nature, the supplier will still aim to meet all
requirements as soon as reasonably possible.
When agreement between the client and the supplier
concludes that this is no longer possible, the
agreement will be reviewed by mutual agreement or
dissolved.
Any benefits already delivered by the supplier to
the moment of force majeure will still be invoiced.
10. Prices
10.1 All prices are inclusive VAT, unless otherwise
expressly stated and in accordance with the law.
Prices excluding VAT are specifically registered.
10.2 The prices quoted are basically fixed. There is
however an adjustment to the cost of living (=
indexation) as possible once the originally agreed
price is more than 1 year old, or earlier if a price
adjustment is due to a currency rate increase or
other external causes commodity software or
component prices by at least 10% .
10.3 Other rate changes by the supplier will be
notified/disclosed to the client at least 2 months
in advance.
The latter is entitled to terminate the agreement as
soon as the adjusted rates take effect, but only in
the case when the rate change would imply a price
increase.
Price reductions can not constitute grounds to
terminate.
11. Payment
11.1 Once a contract for the design is concluded
between the client and the supplier, the client is
obliged to pay the principal.
The client must pay the due amount within 8 days
after sending the invoice by the supplier.
11.2 Unless otherwise agreed, all invoices for
hosting contracts, purchase, transfer and renewal of
a domain name must have been paid prior to entering
the relevant hosting contract to purchase, transfer
and renewal of domain name.
11.3 If a maintenance agreement for a site by the
supplier to the client is agreed, a quarterly
invoice will be sent. The client must pay the due
amount within 8 days after the sending of the
invoice by the supplier.
The period of maintenance and the payment can be
otherwise modified by agreement in writing.
11.4 Once the client the is in default regarding the
payment term, the principal, not needed to resort to
a warning or notice, would be eligible to charge an
interest rate payable applying legislation on late
payments in commercial transactions to the supplier
on the outstanding amount , from the due date.
11.5 In addition, next to the actual outstanding
invoice owed by the client, compensation will be
charged of 10% of the invoice amount, with a fixed
minimum of 200 Euros and a maximum of 2000 Euros per
invoice, as chosen by the supplier.
11.6 In such case, the supplier reserves the right
to suspend any ongoing work or provided services,
until the amounts are received.
11.7 All protests regarding the services delivered
or invoiced under penalty of forfeiture need to be
sent to supplier within eight days after date of
invoices.
11.8 The Client shall only use or gain ownership of
the goods and / or services from the moment he
fulfills all his obligations towards the supplier.
12. Copyright
12.1 All material provided by the supplier may not
be reproduced, edited or incorporated in other sites
than the one originally made, without the express
consent of the supplier.
12.2 The ownership of ideas, concepts or designs
remains entirely with the supplier, unless otherwise
agreed in writing.
In the latter case, the supplier can negotiate a
fee.
If they infringement of the rights regarding said
property is proofed the rights of supplier to
establish a reasonable fee for this, is with the
supplier.
12.3 The supplier reserves the right, to execute of
the work, as ‘increased knowledge’ for other
purposes, as long as no confidential information to
third parties will be released.
13. Liability
13.1 Where the supplier's business is dependent on
the cooperation, services and supplies from third
parties, which the supplier has little or no
influence, the supplier can in no way be held liable
for any damage resulting from these relationships
with the supplier or the breaking of whether damage
or visible during the relationship with the
supplier.
13.2 In case of breach in the performance of the
contract the supplier is only liable for the
alternative compensation to the invoice amount.
Any liability of the supplier for any other form of
damage is excluded, including compensation for
indirect damages, consequential damages or damages
for lost sales or profits.
13.3 The client must take into account that
information sent via the Internet, can be
intercepted by others. The supplier cannot be held
liable for any damage whatsoever caused by sending
confidential or secret information.
The principal assignment will adequately insure
themselves against it, with waiver of recourse
against the supplier and safeguard the latter in
principal, interest and costs.
13.4 The supplier is not responsible or liable for
the content of the material supplied by the client
on the website of the client is installed.
13.5 The supplier is not responsible for the links
on a website made. The client itself will guarantee
that the necessary permissions are achieved and that
he has the right to post links to external websites.
13.6 The content of data dissemination and
publishing, in all cases will be the responsibility
of the client. The supplier shall not be deemed to
limit or monitor, nor can the supplier be held
responsible for the content of its publication. All
necessary copyrights, fees, expenses or fines will
be charged to the client.
13.7 The Client shall indemnify the supplier against
any claim in principal, interest and costs on cases
for which he himself must be responsible.
13.8 Disclaimer: The supplier is not responsible for
the commercial expectations of the client not to be
met during or after the services provided by the
supplier.
14. Coordinates
14.1 The client must inform the vendor immediately
in writing of any changes in clients data.
14.2 This applies to any change of address, change
in contact or responsible person, phone, fax
details, email addresses, domain names, etc. ..
14.3 If the client fails, the latter is fully liable
for any result caused by the supplier suffering
damage.
15. Transfer of rights and obligations
15.1 The supplier nor the client are entitled to
their rights or obligations arising from agreements
to transfer to third party without prior written
consent of the other.
16. Miscellaneous Provisions
16.1 The supplier will not release personal data of
the customer to third parties without a legal
obligation to do so.
This also applies to any confidential information
for the execution of a contract issued to the
supplier.
16.2 The identity of the client is kept in our
database, to ensure internal use. The client always
has the right to request written modification or
deletion of his data.
16.3 The client indicates acceptance of these
conditions by the authorization to use and
communication of identity information for
promotional purposes.
The client can always request written modification
or deletion of his data from our database.
16.4 If the need arises, changes in an agreement
upon written confirmation from both parties are
made.
This allows the agreed completion of date change.
The supplier shall inform the client as soon as
possible of the new completion date and any
financial implications.
16.5 The supplier is free to refer to the final
products delivered, for promotional purposes as a
reference unless otherwise expressly agreed.
17. Disputes and applicable law
17.1 If, by a court order, one or more of these
items will be declared invalid or improper, all
other articles of these terms and conditions will
remain in full force and the supplier after
consultation with the client will be allowed to
develop new rules to replace the void or nullified
provisions in it.
17.2 All offers made under these terms and
agreements exclusively by UK law.
17.3 In the event of disputes concerning the
interpretation, application, termination,
cancellation or execution of the agreement, or the
content of these conditions or any other affiliate
with this subjects, excluding the payment of
undisputed invoices, the parties committed to before
any legal action, an appeal to mediation by a
certified mediator, on pain of inadmissibility.
17.4 Notwithstanding the above data, and all other
issues, all disputes directly or indirectly arising
from or relating to this agreement, will have to be
brought before the UK Court in London which
has solely territorial and applicable jurisdiction.
These conditions are also published on the website of the supplier: https://www.g-i-consulting.co.uk
These conditions are subject to typographical
errors.
Applicable is the latest version valid at the time
of conclusion of the agreement.