Terms & Conditions
Website Use Policy & Terms:
This agreement applies as between you, the User of this Web Site and Fandango Web Solutions, the owner of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
means collectively any online facilities, tools, services or information that Fandango Web Solutions makes available through the Web Site either now or in the future;
means any online communications infrastructure that Fandango Web Solutions makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users”
means any third party that accesses the Web Site and is not employed by Fandango Web Solutions and acting in the course of their employment; and
means the website that you are currently using (www.fandangowebsolutions.co.uk ) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. Intellectual Property
2.1 All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Fandango Web Solutions, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
2.2 Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Fandango Web Solutions.
2.3 Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
3. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Fandango Web Solutions or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
4. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.fandangowebsolutions.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Fandango Web Solutions. To find out more please contact us by email at email@example.com.
Use of the Web Site is also governed by our www.fandangowebsolutions.co.uk/privacy.html
6.1 Fandango Web Solutions makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
6.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
7. Availability of the Web Site
The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Fandango Web Solutions accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
8. Limitation of Liability
8.1 To the maximum extent permitted by law, Fandango Web Solutions accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
8.2 Nothing in these terms and conditions excludes or restricts Fandango Web Solutions's liability for death or personal injury resulting from any negligence or fraud on the part of Fandango Web Solutions.
8.3 Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
9. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
10. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by post or by email to firstname.lastname@example.org. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
12. Law and Jurisdiction
These terms and conditions and the relationship between you and Fandango Web Solutions shall be governed by and construed in accordance with the Law of England and Wales and Fandango Web Solutions and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
By agreeing for work to commence you must adhere to the following terms and conditions. These have been set out to protect both you the customer and your provider Fandango Web Solutions. Please ensure you read these Terms of Business carefully, as they govern your use of our Services. By using our Services, you accept these Terms of Business in full.
Fandango Web Solutions may occasionally amend these business terms and conditions without specific notice to you. It is the customerís responsibility to ensure they are up to date and familiar with the current terms set out.
When you, the customer, agree and commission us to do the work you accept the following:
1. Project Timeline
All timescales supplied for completion of the work are estimates unless specifically stated when your order is placed. Whilst Fandango Web Solutions strive to meet the timescales we quote on this website or in an email, these do not in anyway represent a legally binding contract and Fandango Web Solutions reserve the right to take up to 120 days. This could be due to a number of unforeseen circumstance; holiday, illness, personal problems, technical difficulties.
Payment must be made in full before any work can commence unless otherwise stated and agreed. Payment can be made by Bank Transfer or Cheque. Fandango Web Solutions are under no obligation to provide any of our services until full payment has been confirmed.
3. Cancellation and Refunds
Under no circumstance will Fandango Web Solutions offer full refunds for any of our products or services. Fandango Web Solutions gives you the customer the right to cancel work and request a partial refund up to 7 working days once payment is confirmed. In such an event the maximum of 50% of the total contract value will be refunded. The exact amount will depend on the stage at which the cancellation has been requested and is at the complete discretion of the provider, Fandango Web Solutions.
If you the customer decide to cancel all work and services within the first 7 day period this must be made in writing and either posted or emailed to Fandango Web Solutions. Notification must have been received within this 7 day initial period.
Fandango Web Solutions will provide you the customer with a draft design of the work before completing the final work. This gives you the customer ample opportunity to state and request the necessary changes before the final work begins. A fee will be charged to do any changes after the final work has been agreed and signed off by you the customer.
All Content included on any of our packages, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Fandango Web Solutions. Use of any material is permitted only where expressly authorised by us, Fandango Web Solutions, and under no circumstances shall the use of our products or services grant to you the customer any interest in any copyrights, trademarks or other intellectual property rights belonging to us or any third party. Your use of any of the products, services or software supplied by Fandango Web Solutions made available to you will be granted as a non-transferable licence to use the software for the purposes set out in and in accordance with these Terms of Business.
Fandango Web Solutions retain all copyrights to website, e-commerce and eBay designs, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code (CSS, HTML etc) and software. No content or other materials listed above can be used for other purposes than agreed or sold.
Materials provided by you to us:
We, Fandango Web Solutions, do not claim ownership of any materials or content provided by you to us. By providing these to us, you warrant to us that you are either the owner, or have the owner's permission to provide such materials and content to us.
Fandango Web Solutions include hosting in all packages either website or eBay. Whilst we offer this hosting, no guarantees can be made as to the availability or interruption of this service. Fandango Web Solutions cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service to you the customer.
Fandango Web Solutions will endeavour to rectify any problems as soon as possible and will keep the client fully informed during such a time.
Although Fandango Web Solutions archives all work to a backup device, in no way is it liable if work gets corrupted or accidently removed or destroyed.
Fandango Web Solutions will not be held responsible for any changes made by eBay or eBay products, including, but not limited to, Turbo Lister, Selling Manager and Selling Manager Pro, that adversely affect you the customer with either your eBay Shop Designs and Listing Templates. We will rectify these issues if we can, however this may incur a fee.
Fandango Web Solutions do not provide support for Turbo lister, or any other commercial listing product used by you the customer to manage or maintain listings in your account.
Fandango Web Solutions will not be responsible or provide free techinical support for any eBay shop Design or Listing Template, where the design or coding has been altered, amended, changed in any way by you the customer or a Third Party.