Database, Application and E-Commerce Development Terms & Conditions: Higher Images Inc. cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies wit the client in ensuring that all software is functioning correctly before use.
Your Store (Shopping Cart) & Content Control of Your Store (Shopping Cart).
You will be solely responsible for the development, operation and maintenance of Your Store, including the operation of Your Store, accepting, processing and filling customer orders generated through Your Store, and handling any customer inquiries, complaints, or disputes arising from orders or sales generated through Your Store. You agree that Higher Images Inc. has no obligation to back-up any data related to Your Store’s operations and you should independently take appropriate steps to maintain such data in accordance with Your needs and requirements.
Control of your Store’s (Shopping Carts) Content.
You will be solely responsible for creating, managing, editing, reviewing, deleting and otherwise controlling the content on Your Store, regardless of whether Higher Images Inc. provides any design or customization Services to You under this Agreement, including all descriptions of the products and services You offer to customers of Your Store and user-generated content on and related to Your Store. As a conduit, Higher Images Inc will give You complete discretion over Your content provided it is compatible and inter operable with the Software and Services provided by Higher Images Inc. under this Agreement. You retain all rights, title and interest in and to all intellectual property rights embodied in Your content, exclusive of any content provided by Higher Images Inc. Notwithstanding anything contained in the foregoing, if You breach any of the covenants in this section of this Agreement, Higher Images Inc. is entitled to suspend or terminate Your Store and/or any access to information or data related to Your account and the Software in accordance with this Section of this Agreement.
Passive Conduit
You acknowledge that, by only providing You with the ability to publish and distribute Your own or third-party products, services or content, Higher Images Inc and its Software are acting only as passive conduits for the distribution and/ or publishing of such products, services or content on the Store. Higher Images Inc has no obligation to You or any third party, and undertakes no responsibility, to review Your Store, the products or services listed therein or any other content, including but not limited to user-generated content, published and/or distributed on Your Store to determine whether any such product, service or content may incur liability to third parties. Notwithstanding anything to the contrary herein, if Higher Images Inc. believes in its sole discretion (as applicable) that Your Store or any products, services, content or other materials in the Store or on Higher Images Inc. Servers may create liability for Website Pros, You agree that Higher Images Inc. may take any actions with respect to the content or materials or Your Store that Higher Images Inc. believes are prudent or necessary to minimize or eliminate Higher Images’ Inc. potential liability. Higher Images Inc. shall, as applicable, be the sole judge of what content or materials may create liability for Higher Images Inc.
Any scripts, CGI applications or software (unless specifically agreed) written by Higher Images Inc. remain the copyright of Higher Images Inc. and may only be commercially reproduced or resold with the permission of Higher Images Inc.
Where applications or sites are developed on servers not recommended by Higher Images Inc., the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by Higher Images Inc. before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Higher Images Inc. will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
Compatibility
Higher Images Inc. will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. Higher Images Inc. can offer no guarantees of correct function with all browser software.
Higher Images Inc. implies no guarantees as to the availability or interruption of this service. Higher Images Inc. cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Higher Images Inc. reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.
Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the Higher Images Inc. policy that any outstanding accounts for work carried out by Higher Images Inc. or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Higher Images Inc.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or Higher Images Inc. have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, nonpayment can result in county court judgments (ccj’s) being added to the client’s credit rating.
Following consistent nonpayment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be, to seek payment through legal procedures, and if necessary court summons.
