The following terms and conditions cover the content of this website. If you do not agree to these terms and conditions then you should not access any of our web pages. All content and images on this website are copyright Trimast Systems Limited 2011, all rights reserved.
No content or images maybe reproduced without express, written consent of Trimast Systems Limited. Any person or company found to be reproducing our content without written consent shall be subject to legal action in England or Wales.
All content on our website is provided "as is". No warranty of any kind, either express or implied is offered in relation to the accuracy or reliability of our content.
The terms and conditions below are an outline of the key elements of our terms and conditions of service. Each client will be provided with a digital copy of our Terms of Service, which much be signed and returned to Trimast Systems Limited prior to the commencement of any project. A draft copy of these full terms and conditions is available upon request.
"Client" means the company, firm, body or person purchasing the Services from Trimast Systems Limited.
"Trimast Systems Limited or Trimast New Media" means Trimast Systems Limited (company number 4628392) whose registered office is at Aden Chambers, South Crescent, Llandrindod Wells, Powys LD1 5DH.
"Quotation" is a draft project document based upon information supplied by the client. All quotations are valid for 30 days from date of quotation.
A Quotation shall not be binding on Trimast Systems Limited and a Contract will only come into being upon acceptance by Trimast Systems Limited of the signed Web Services Terms or Service document, relevant to the Quotation.
Quotations submitted by Trimast Systems Limited shall remain open for acceptance by the Client for a period of 30 (thirty) days from the date of the Quotation (unless in the Quotation some other period is specified) or when Trimast Systems Limited withdraws the Quotation.
These conditions shall, to the extent applicable, apply to goods and products in the same way as they apply to Services.
Where the Services are sold by reference to Trimast Systems Limited's published price list or tariff structure, the price payable for the Services shall be the ruling price as published in the price list or tariff structure current at the date of purchase.
In other cases, the price for the Services shall, subject to the clause above, be that stated on the relevant Quotation.
Trimast Systems Limited shall (if applicable) add to the price of the Services, and the Client shall pay, an amount equal to any VAT or other sales tax or duty applicable from time to time to sales or supply of such Services.
Any price changes will take effect from the 1st day of the month and the customer will be notified in writing 7 (seven) days before any price change takes effect.
Trimast Systems Limited, offers a range of flexible payment plans for all clients. The Client shall, at the time of confirmation of order to Trimast Systems Limited, confirm which of the available payment options the Client wishes to utilise.
Unless otherwise agreed in writing by Trimast Systems Limited and without prejudice invoices shall be payable by the Client within 30 days of date of invoice. All invoices are issued at the end of each month.
The Client shall make all payments due to Trimast Systems Limited by BACS payment direct to the company bank account, or by prior agreement Cheque (and in each case in pounds sterling).
If the Client fails to pay any amount due to Trimast Systems Limited under Charges and Payment Clause of the Web Service Terms of Service, by the relevant due date, default interest at the rate specified by the Late Payment of Commercial Debts (Interest) Act 1998 shall be added to such amount for the period from the day after the due date until the date of receipt (whether before or after judgment) together with any reasonable and proper amounts incurred by Trimast Systems Limited in seeking to recover such late payment from the Client (including, without limitation, legal fees).
The client unconditionally guarantees that any element of text, graphics or other artwork furnished to Trimast Systems Limited for inclusion in the web design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Trimast Systems Limited and it's subcontractors from any claim or suit arising from the use of such elements furnished by the client.
All creation files remain the intellectual property of Trimast Systems Limited on completion of a web design project.
Trimast Systems Limited shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivatives works, and distribute any item from the clients web pages unless specifically agreed to do otherwise. Further, Trimast Systems Limited shall be free to use any ideas, concepts, know how or techniques acquired in the construction of web sites for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and any other items incorporating such information unless specifically agreed otherwise.
Whilst Trimast Systems Limited will try to improve the position of your website in Search Engine results in response to a search request, we do not warrant that this effort is in any way guaranteed.
Trimast Systems Limited cannot be held responsible for any changes to the position of you Web Site in the Search Engine results in response to a search.
Trimast Systems Limited are registered Reseller for domain name registration through either UKREG, 123-Reg and Ultraspeed. The registration of a domain name on behalf of the client is subject to the terms and conditions of these businesses on their individual websites.
Trimast Systems Limited will accept no liability for any financial loss resulting from a domain not being renewed.
Trimast Systems Limited shall have no liability arising from any financial loss arising from any registered mailbox not being available.
Trimast Systems Limited supply E Commerce Services using the Powerful Open Source Magento E-Commerce Platform and the client is subject to the terms and conditions of this business on their individual websites.
Trimast Systems Limited will accept no liability for any financial loss resulting from the use of any E Commerce website.
Trimast Systems Limited acknowledges and agrees that it shall perform the Services:
with reasonable skill and care; and
in accordance with good industry practice.
The Client acknowledges and agrees that Trimast Systems Limited shall have no liability to the Client in respect of the positioning of the Client's Web Site.
The Client's remedies in respect of any claim under the foregoing express warranty or any condition or warranty implied by law or any other claim in respect of the Services or Web Site or any workmanship in relation to them (whether or not involving negligence on the part of Trimast Systems Limited) shall, in all cases, be limited to re-performance of the Services or refund of the relevant purchase price.
Trimast Systems Limited shall not in any circumstances be liable to the Client for any indirect or consequential losses or any loss of profits purported to have been suffered by the Client.
Trimast Systems Limited shall not be liable for any failure in the performance of any of its obligations under the agreement caused by factors outside its control.
Delivery and Completion dates are based on a project by project basis and subject to all Content, Images and Documentation being provided by the Client arriving in due time and in the correct format.
The dates for carrying out the Services and delivery of any resultant Web Site are approximate only and, unless otherwise expressly stated, time is not of the essence for delivery or performance.
Trimast Systems Limited will not be liable in any circumstances for the consequences of any delay in delivery or performance or failure to deliver or perform save where the same is as a result of the negligence of Trimast Systems Limited.
No delay (unless material) shall entitle the Client to reject any delivery or performance or any other Order from the Client or to repudiate the Contract or the Order.
The Client acknowledges and agrees that Trimast Systems Limited shall produce the Web Site based on information provided to it by the Client.
It shall be the responsibility of the Client (and not Trimast Systems Limited) to review and approve the content of the Web Site (including, without limitation, the spelling of names and addresses and the accuracy of telephone numbers) at the time of the completion of such Web Site by Trimast Systems Limited to the Client for approval by the Client.
Trimast Systems Limited shall have no liability to the Client for any inaccuracies in the Web Site if and to the extent that the Client has failed to review and/or approve (or require amendment (as the case may be)) provided to the Client by Trimast Systems Limited pursuant to this Agreement.
Trimast Systems Limited may terminate the Contract immediately in the event that the Client is in breach of its obligations under the Contract and/or the Client suffers any event of insolvency or is or becomes unable to pay its debts as they fall due.
Trimast Systems Limited may at its discretion suspend or terminate the supply of any goods and services if the Client fails to make any payment when due or otherwise defaults in any of its obligations under the contract or any other agreement with Trimast Systems Limited or becomes insolvent, has an administrative receiver appointed of its business or is compulsorily or voluntarily wound up or Trimast Systems Limited bona fide believes that any of those events may occur and in any case of termination may forfeit any monies paid.
Trimast Systems Limited may by written notice terminate the Agreement immediately and without liability for compensation or damages except as mentioned in this agreement if the Client fails to make payment as specified above.
The Client shall indemnify Trimast Systems Limited and keep Trimast Systems Limited indemnified from and against any and all actions, costs (including, without limitation, the cost of defending any legal proceedings), claims, proceedings, accounts and damages in respect of any infringement or alleged infringement by a third party of any patent, registered design, unregistered design, design right, copyright, trade mark or other industrial or intellectual property rights resulting from compliance by Trimast Systems Limited with the Client's instructions, whether express or implied.
None of the rights or obligations of the Client under the Contract may be assigned or transferred in whole or in part without the prior written consent of Trimast Systems Limited.
The Web Site shall be for the sole use of the Client and shall not be capable of assignment to a third party by the Client.
Trimast Systems Limited shall be entitled to sub-contract any work relating to the Contract without obtaining the consent of, or giving notice to, the Client.
Any notice or other communication to be given under these conditions must be in writing and may be delivered or sent by prepaid first class letter post or facsimile transmission.
Any notice or document shall be deemed served: if delivered, at the time of delivery; if posted, 48 hours after posting; and if sent by facsimile transmission, at the time of transmission.
The invalidity, illegality or un-enforceability of any provision of these conditions should not affect the other conditions.
A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
The Contract shall be governed by and construed in all respects in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts.