The scripts on this site are sold as is, therefore what you see is what you get, by downloading the scripts you are agreeing that you have read these terms and conditions and have understood them.
I am in no way obliged to fix your script should you find that it doesn’t work with your server.
However, if you can prove to me that your hosting just won’t support the script, and that you bought it in error, I may (at my sole discretion) provide a refund. However, by downloading these scripts you are expected to know if they will work with your server or not.
If you make any changes to any of my scripts, I cannot offer you free support, by email or otherwise, but I might if you ask nicely.
You should check that the script will work with your web server before downloading the script.
For the rest of this document you are known as the ‘Client’ and I am the ‘Company’.
Indemnification
The client shall indemnify and hold harmless the company from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs and expenses including reasonable attorneys fees arising from or relating to the clients provision, or an end users use of the clients content. Or any act error or omission of client in connection therewith, including but not limited to matters relating to incorrect, incomplete, or misleading information; libel, invasion of privacy; infringement of copyright trade name, trademark service mark or other intellectual property of other right or violation of applicable law.
Limitation of liability
The company accepts no responsibility with respect to the clients or the end-users use of the provided service and shall not be liable for consequential, incidental and special damages, including but not limited to; loss of use, business interruptions and loss of profits, or incidental consequently punitive or exemplary damages, even if the company is aware of the possibility thereof. The company shall in no event be liable for more than the total fees actually received from the client for the services / code provided.
Assignment
The client may not assign this agreement without the prior written consent of the company which the company may refuse, at the company’s sole discretion. The company may assign this agreement by providing written confirmation of the assignment to the client.
Intellectual property rights (right to re-use deliverables)
The client is not allowed to sell or otherwise pass on, or distribute the deliverables to any other party under any circumstances.
These scripts are copyright © M C Cook 2007.
E-Commerce laws
The client agrees that they are solely responsible for complying with any laws, taxes and tariffs applicable to the project. The client also acknowledges that the company is only responsible for developing according to the client’s requests.
Force majeure
No Party shall be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature(including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or [telephone service], and no other Party will have a right to terminate this agreement in such circumstances.
E-commerce
Authorisation of all financial transactions including the use of credit cards on the client’s website rests solely with the client or their employees. The company does not accept responsibility for any fraudulent transactions that may take place using the client’s deliverables.
Data Protection
The client agrees that they are ultimately responsible for ensuring data protection. The company will not be held responsible for any loss or damages that occur from the improper implementation of data protection requirements.
The Client undertakes that they will not collect data from or via the Website without obtaining the appropriate registration and otherwise complying with their obligations under the Data Protection Act or equivalent legislation.
Maintenance
If the client requires ongoing maintenance of the deliverables, this must be agreed in writing by both parties.
Privacy Policy
We are committed to protecting your privacy and maintaining the security of any personal information received from you. We strictly adhere to the requirements of the data protection legislation in the UK. The purpose of this statement is to explain to you what personal information we collect and how we may use it.
Details we use
When you order, we need to know your name, address, email address and card details. This allows us to process and fulfil your order. You have the option to withhold personal information that is not required for the order process.
What we do with your information
We use your personal information solely for payment and billing purposes. We do not sell, rent or exchange your personal information with any third party for commercial reasons, beyond the essential requirement for credit⁄debit card validation during purchase.
How safe is my data?
We follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access in accordance with the UK data protection legislation. We do not collect sensitive information about you except when you specifically knowingly provide it. In order to maintain the accuracy of our database, you can check, update or remove your personal details by contacting us.
What about cookies?
We use a technology called “cookies” as part of a normal business procedure to track patterns of behaviour of visitors to our site. A cookie is an element of data that our Website sends to your browser which is then stored on your system. You can set your browser to prevent this from happening. Any information collected in this way can be used to identify you unless you change your browser settings. In order to process credit/debit card transactions, the bank or card processing agency may require to verify your personal details for authorisation outside the EEA (European Economic Area). Your information will not be transferred outside the EEA for any other purpose
