MiArt Technology Services Ltd - Standard Terms and Conditions 

These terms & conditions apply to all supply of software & services by MiArt Technology Services Limited

1. 

a) Miart Technology Services Ltd shall not in any circumstances be held responsible for any indirect, incidental or consequential loss or damage, special loss, loss of turnover, loss of sales, loss of revenue, or loss of profits, howsoever caused.

b) In the event of any breach of contract by Miart Technology Services Ltd the remedies of the Purchaser shall be limited to damages, which shall in no circumstances exceed the price of the Goods/Services.  

2. 

a) Miart Technology Services Ltd cannot be held responsible for any losses caused by late delivery or supply of the Goods/Services.

b) If in the opinion of Miart Technology Services Ltd an order contains individual items which may be used by a purchaser independently of the whole order then Miart Technology Services Ltd shall be entitled to supply and request payment for these parts of the order individually without waiting for the whole to be available.

c) It shall be the Customers responsibility to provide the Company with a full and adequate specification for each job which the Customer instructs the Company to undertake. All reasonable endeavours will be made to produce work of the required standard. No further liabilities will be undertaken. It is the Customers responsibility to check and approve all work.

d) Any quotations are based on the information provided by the Customer upon whom we have relied for accuracy of the same.

e) Any designs and/or documentation submitted with a quote will be adhered to whenever possible however Miart Technology Services Ltd shall not be responsible for deviations from that design, especially where the client has specified a change after the initial quotation. Any additional changes exceeding the initial sprit of the design will be charged for.

f) It is the Customers responsibility to ensure that where employees or agents of the Company are providing services the environment posses no threat to health or safety. Employees of the company or its agents have the right to refuse the supply of services should they feel that either health or safety are at risk.  

3. 

Miart Technology Services Ltd is offering a service, all material (intellectual property) , unless stated for in individual contracts or originally supplied by the client, remain the property of Miart Technology Services Ltd.         

4.

a) Miart Technology Services Ltd cannot be held responsible for internet delays, failures or downtime, especially where third parties are involved.  

b) Miart Technology Services Ltd will attempt to locate and fix any problems with the web sites provided using Miart Technology Services Ltd's virtual server. However, if the error is not fixable by Miart Technology Services Ltd, Miart Technology Services Ltd cannot be held responsible.  

c) Miart Technology Services Ltd cannot accept responsibility for the content of our clients web sites.

d) If clients web sites are hosted by Miart Technology Services Ltd, then all material and usage must adhere to our Acceptable Usage Policy, and Miart Technology Services Ltd has the right to suspend the service immediately in the event of a breach or suspected breach by the client. Acceptable Usage Policy means that no material that is illegal, liable or offensive may be used or held on the site.

e) All web hosting is undertaken by third party suppliers, Miart Technology Services Ltd will arrange hosting on the clients behalf if required, however any third party terms and conditions or acceptable usage polices are passed onto the client and must be adhered to. Details of individual third party terms and conditions & acceptable usage polices are available on request.  

5. 

a) The Purchaser hereby agrees with Miart Technology Services Ltd that, where a third party is specified as the provider of any services or products, this third party is to be the sole supplier of any services/products supplied as part of the contract and Miart Technology Services Ltd cannot be held responsible for work carried out by the third party.

b) If the buyer purchase services/products from Miart Technology Services Ltd which involve third parties suppliers then all support for the third party items is to be deemed the reasonability of the third party supplier.     

c) The company reserves the right to sub-contract and assign the performance of the Services at its sole discretion and without notice to the Customer.  

6. 

a) All warranties offered by Miart Technology Services Ltd shall only apply to the original purchaser.

b) Warranties shall only apply where defects are deemed by Miart Technology Services Ltd to have not been caused by misuse, neglect, repair, alteration or accident.  

8.

FORCE MAJEURE : Notwithstanding any of these terms, the Company shall not be under any liability for any failure to perform the contract if such failure is wholly or in part attributable to any cause whatsoever outside the control of the Company. In the happening of such an event the company may cancel the contract and shall be under no liability to pay damages or compensation of any nature to the customer.  

9.

These Terms and Conditions of Trading shall apply insofar as they may be held unenforceable or in conflict with English law, and any Condition or part of it so held unenforceable or invalid shall be severed from these Terms and Conditions of Trading without affecting the enforceability or validity or any other Condition or part of this contract.  

10.

Where relevant Metatags analyses and web site search engine submissions & placements cannot be Guaranteed. Placement is in the hands of a third party, whom also offer no Guarantee.

Last amended 15th December 2003 by M. Hughes for MiArt Technology Services Limited.