Terms and Conditions

The Smart Domain Group is the trading name of Designsmart Ltd. All future reference to Designsmart Ltd also applies to the Smart Domain Group

Refund Policy

Money Back Guarantee

When indicated on your invoice - if you are not happy with the quality or service provided by Designsmart Ltd we will offer a prompt refund of any monies paid any time up 30 days from the first invoice date. Only invoices clearly marked as money back guarantee applies are valid.

Cancellation Policy - If a customer cancels any work undertaken within 7 days and we have not started any work we will credit the debit or credit card the same day with all monies paid. If a customer pays by cheque we will offer the choice of a direct bank payment or we will issue a cheque within twenty four hours. After 7 days a 30% levy will be applied for all cancelled orders.

Domain names - Domain names are non refundable as they are purchased directly from Nominet who do not accept cancellations.

Delivery

1.1 The Seller shall sell and Buyer shall purchase the Goods in accordance with any quotation or offer of the Seller which is accepted by the Buyer, or any order of the Buyer which is accepted by the Seller, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.

2. Basis of Sale

2.1 The Seller’s employees or agents are not authorised to make any representations or claims concerning the Goods unless confirmed by the Seller in writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.

2.2 No variation of these Conditions shall be binding unless agreed in writing between the authorised representations of the Buyer and the Seller.

2.3 Sales literature, price lists and other documents issued by the Seller in relation to the Goods are subject to alteration without notice and do not constitute offers to sell Goods that are capable of acceptance. An order placed by the Buyer may not be withdrawn cancelled or altered prior to acceptance by the Seller has issued a quotation which is expressed to be an offer to sell the Goods; or has accepted an order placed by the Buyer, by whichever is the earlier of:-

2.3.1 The Seller’s written acceptance;
2.3.2 delivery of the Goods;
2.3.3 the Seller’s invoice.

2.4 Any typographical, clerical or other accidental errors or omissions in sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

3. Orders and Specifications

3.1 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in writing by an authorised representative of the Seller.

3.2 The specification for the Goods shall be those set out in the Seller’s sales documentation.

3.3 The Seller reserves the right to make changes in the specification of the Goods.

4. Price of the Goods

4.1 The price of the Goods shall be the price listed in the Seller’s published price list current at the date of acceptance of the Buyer’s order or such other price as may be agreed in writing by the Seller and the Buyer.

4.2 Where the seller has quoted a price for the Goods other than in accordance with the Seller’s published price list the price quoted shall be valid for Length of Time Price List remains valid only or such other time as the Seller may specify.

4.3 The price is exclusive of any applicable value added tax excise, sales or taxes or levies of a similar nature which are imposed or charged by any competent fiscal authority in respect of the Goods, which the Buyer shall be additionally liable to pay to the Seller.

5. Terms of Payment

5.1 Subject to any special terms agreed in writing or published on the web site the Seller shall invoice the buyer and the Buyer shall pay the price of the Goods on the payment date started on the invoice or term of quotation, notwithstanding the delivery may not have taken place and/or that the property in the Goods has not passed to the Buyer. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.

5.2 When agreed 12 monthly payment options are on a rental basis only until the final payment has been made and ownership then passes to the buyer from the seller. Failure to make a monthly payment will be subject to a £12 administration fee. Buyers entering into a 12 month agreement do so with the express knowledge that all twelve payments are due if they decide not to proceed and it is after the first thirty days money back guarantee period.

5.3 Except as expressly provided in these Conditions, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law or under statute, or under the express terms of the Contract, for any direct or consequential loss or damage sustained by the Buyer (including, without limitation, loss of profit or indirect or special loss), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its servants or agents or otherwise) which arise out of or in connection with the supply of Goods or their use or resale by the Buyer.

5.4 The Buyer shall ensure that, except to the extent that instructions as to the use or sale of the Goods are contained in the packaging or labeling of the Goods, any use or sale of the Goods by the Buyer is in compliance with all applicable statutory and other regulatory requirements and that the storage and handling of the Goods by the Buyer is carried out in accordance with directions given by the Seller or any component governmental or regulatory authority and the Buyer will indemnify the Seller against any liability loss or damage which the Seller might suffer as a result of the Buyer’s failure to comply with this condition.

6. Buyer’s Default

6.1 If the Buyer fails to make any payment of the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:-

6.1.1 cancel the order or suspend any further deliveries to the Buyer;
6.1.2 appropriate any payment made to the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer)
6.1.3 charge the Buyer interest (both before and after any judgment) on the amount unpaid, at the rate of 3 per cent per annum above HSBC (or such other bankers as the Seller may notify) base rate from time to time, until payment in full is made (a part of a month being treated as full month for the purposed of calculating interest);

7. General

7.1 The Buyer may not assign the benefit of the Contract without the written consent of the Seller.

7.2 The Contract shall be governed by the laws of England.

7.3 The Uniform Laws on the International Sale of Goods laid down in the 1980 United Nations Convention shall not apply unless expressly agreed between the parties in writing.

7.4 Software provided to the client by Designsmart Ltd is on a license basis. All copyright, intellectual, properties remain the property of Designsmart Ltd. The client is not allowed to produce copies of the software, except one (1) copy for back up purposes. The client acknowledges that Designsmart Ltd will not be liable for any damage to the client’s computer system.

7.5 Software support is at the absolute discretion of Designsmart Ltd.

8. Copyright material

8.1 All imagery on our web site is subject to copyright. If you wish to use any images please contact us.

8.2 As our customer you have sole responsibility for adequate copyright protection for any images on your web site. If you have not provided the images for your web site it is still your responsibility to ensure they are copyright free.