Terms and Conditions of Business

PTEPPIC.NET

Last Revised 07/07/2007

Parties: pteppic.net Moodle Partner Consultancy of

Bloxham Mill Business Centre, Barford Road, Bloxham,
Banbury, Oxfordshire, OX15 4FF. email: info@pteppic.net (“pteppic.net”)

Client as stated in any official purchase order (Hard
copy or web/email order) (“Client”)

1. All quotations given and all orders accepted by
Pteppic.net are subject to the following terms and
conditions. No additions thereto or variations there
from shall be binding unless agreed to in writing by
the proprietor of Pteppic.net.

2. Credit accounts are availabl e to Limited
Companies, Public Bodies and Educational
Establishments on receipt of an official purchase
order from the organisation concerned. For other
clients, payment in advance by cleared cheque, credit
card (via PayPal) or BACS transfer is required for
the first order, but credit facilities may then be
offered to that client for future transactions.

3. Once a contract exists between Pteppic.net and the
Client, it cannot be cancelled by the Client except
with Pteppic.net’s consent and on terms that
will indemnify Pteppic.net against loss, whether
direct or indirect.

4. Catalogues, price lists and other advertising
materials (whether in printed hard copy, or delivered
electronically by web, email or other means) are only
indications of the type of services offered, and no
prices or other particulars contained therein shall
be binding on Pteppic.net.

5. Any time quoted by Pteppic.net for delivery of
services is given as an estimate only and is not to
be of the essence of the contract. Pteppic.net shall
not be liable in any way in respect of late delivery,
however caused.

6. Once a contract has been agreed, any change to the
specification of the work involved must be agreed
with Pteppic.net and may result in an additional fee
being charged.

7. Any deliverables (such as web sites, course
materials, audio or video recordings or other media)
shall remain the property of Pteppic.net until
Pteppic.net has received full and unconditional
payment for the deliverables. Should full payment of
the amount owing under the contract not be made when
due, Pteppic.net may remove the site(s), materials
and / or media from any system where they may have
been installed in addition to exercising such other
rights or remedies as may be conferred on Pteppic.net
by law.

8. Once any Pteppic.net site, service, media or other
deliverable is made available to the Client, the
Client will, by accepting delivery, “Sign
Off” the deliverable, if any faults are not
reported to Pteppic.net as detailed in the following
condition.

9. Claims regarding faults on delivered sites and /
or media must be notified to Pteppic.net within 5
working days of delivery, by email, except in the
case where the Client has taken out a support
contract with Pteppic.net, in which case the fault
should be reported via the Pteppic.net help desk
facility.

10. In the event that any deliverables are deemed by
the Client to be faulty on delivery, and the fault is
reported as detailed above, Pteppic.net will
endeavour to remedy the fault at no extra cost. If
the deliverable has previously been “Signed
Off” and the fault has been discovered or
developed at a later date, Pteppic.net will accept a
new contract to remedy the fault at the standard
Pteppic.net support / consultancy rates.

11. Credit accounts shall be settled within 30 days
of the date marked on the invoice sent by Pteppic.net
to the Client.

12. Pteppic.net reserves the right to charge interest
to the Client at the rate of 2% per month on the
outstanding balance of any overdue accounts.

13. Pteppic.net reserves the right to withdraw credit
facilities and suspend work and deliveries on overdue
accounts. The Client shall be liable for all costs,
including legal fees, incurred in the collection of
any outstanding balance.

• No Illegal, Anti-Social or Offensive material may be stored or published on your moodle hosting space.
  
• Prohibited content includes, but is not limited to: Adult, Abusive, Illegal, Terrorist and Anti "Any" Culture. This includes all media, materials and forms that the above may take.
  
• We reserve the right to remove any material that we believe may be breaking UK law, or causing distress to users of the services we provide.
  
• Security for your Moodle administrator account is your responsibility and passwords should be kept secure at all times
  
• pteppic.net is not responsible for availability of domain names, although we will inform you if a domain registered by us on your behalf is due to expire. We do not guarantee that any requested domain name may be available for new registration.
  
• Transfer of already-registered domain names is not the responsibility of pteppic.net, nor any downtime in the process.
  
• We shall not be held liable for any loss or damage caused by the use or misuse, unavailability or removal of services.
  
• On closure of any accounts, data will be deleted. We will make every effort to warn you before this happens, but once an account is closed, the client must assume that data associated with that account no longer exists.
  
• Our web hosting, IMAP4, pop3 and smtp feeds must not be used for sending bulk, unsolicited emails.
  
• You must not install or store any software that enables or assists any Internet user to send mass mail, change mail headers, allow anonymous messages to be sent to another user or other activity considered unacceptable.
  
• If it is reported to ourselves or to spamhaus that you have used our service or that of a third party to send such emails, your account may be terminated, without notice.
  

15. Pteppic.net makes no warranty, implied or otherwise, that services (including but not limited to consultancy, web hosting, software installation or media provision) is suitable for the purposes of the Client. Pteppic.net uses free open source software for many of its projects, and makes no warranty on this software. The following extract from the GNU General Public License, under which this software is released, contains the relevant warranty information for all open source software released under the GPL:

NO WARRANTY

• BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
  

• IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  

16. The contract between the Client and Pteppic.net
shall be governed by and construed in accordance with
English law and the parties agree to submit to the
non-exclusive jurisdiction of the English courts.

17. Pteppic.net’s liability under the contract
is limited to the remedies specified in the foregoing
conditions to the entire exclusion of any other
remedy which, but for this condition, the Client
might have. Pteppic.net shall in no circumstances be
liable for any damage or injury, direct or
consequential, or other loss or loss of profits of
whatever kind and however arising. Accordingly, every
representation, condition, warranty and undertaking,
whether express or implied by statute, common law,
custom or otherwise and whenever given or made, in
relation to the goods or the performance of the
contract is, to the extent permitted by law, hereby
excluded for all purposes.