Terms and Conditions

a bit boring in places but essential all the same...

Intellectual Property

All information conveyed by Harmony Internet Limited is the intellectual property of Harmony Internet Limited and is communicated in the trust that the contents are not distributed, published nor in any way divulged to third parties without the express written permission of Harmony Internet Limited.

The lawful title to all Intellectual Property in respect of material written for any project, which the Company has contracted to carry out, will not pass to the client or any associate or agent of the client, without express written permission from a Director of Harmony Internet Limited. Such material will at all times hereafter remain the sole property of the Company, Harmony Internet Limited, and its associates or agents.

Estimates

The estimate is calculated on the basis of the information supplied by you, and on the basis that the web site is developed for viewing on an Internet Explorer Browser (version 9 or above). If the matter is made more complicated or time consuming than we presently expect by a change in your instructions, Harmony Internet Limited reserve the right to change this estimate by notifying you in writing and explaining the reasons.

Expenses

Travelling expenses are not included in the estimate. Travel will be charged at either cost in the case of public transport or at 40 pence per mile in the case of car travel.

Payment

Upon acceptance by you of these terms a deposit of 25% of the total anticipated development cost will be payable. Thereafter, all hours will be invoiced monthly to a maximum of 80% of the original estimated project cost. 20% of the total anticipated cost of the project will be reserved from invoicing until such time that the client has agreed final delivery/closure of the project or that the developed solution is deemed by Harmony Internet Limited to be in commercial use.

All invoices are payable within 14 days of their date and all outstanding invoices must be agreed before developments become available for public viewing. Late payments are subject to a £40 administrative charge in addition to interest (calculated at 8% over Bank of England base interest rates in accordance with the Late Payment of Commercial Debts (Interest) Act 1998) for all outstanding amounts. VAT will be added to all UK invoices and those invoices where VAT is deemed applicable by current UK tax law.

Schedule

The scheduled for the commencement and completion of the work shall be as agreed between both parties. Time shall not be of the essence of the contract.

Liability

All liability howsoever arising including liability for negligence (but excluding liability for death or personal injury) for any costs, claims, actions or demands is restricted to the net price set out in our quotation. We do not accept responsibility for Professional Indemnity liability

Client Supplied Material

You warrant that you own or are licensed to use all the intellectual property rights in the material with which you supply us (in whatever form) and you hereby fully indemnify us in respect of all costs, claims, actions and demands arising as a result of any infringement that occurs as a result of our use on your behalf of such material. Such costs on material provided to you by us are in addition to costs in this estimate and will be charged for separately.

Estimate Validity

This estimate is valid for 3 calendar months from the date shown. Acceptance by you of any estimate constitutes acceptance of these terms and conditions, which may not be varied except in writing and as agreed by both parties.

Project completion

The Company, Harmony Internet Limited, and its associates or agents, will upon payment of the full agreed contract value, which may include agreed additional costs which have arisen during the projects development, grant a licence to the client for the exclusive use by them and any relevant third parties of the material generated in respect of the project, and which is required for the purposes of establishing the commercial solution.

Licence

It is the condition of sale of any project material and the granting of an exclusive licence to use the same, that any claims, queries or disputes elating to the transaction and the sale of material there under, must be notified to the Company in writing within fourteen days from the date of issue of any invoice relevant to the project.

Complaints procedure

Our aim is to provide you with an unparalleled quality of service. If you have any cause for complaint you should in the first instance contact any member of staff immediately. If this is not appropriate or if this does not resolve the matter, please contact Jason Higgins. We undertake to look into any complaint carefully and promptly and to do all we can to explain the position to you.

Matters electronic

Because internet communications may be susceptible to corruption unauthorised alteration or disclosure (for which we do not accept responsibility) it may be inappropriate to rely on advice contained in an e-mail without obtaining written confirmation of it. It is the responsibility of the recipient to carry out a virus check on any attachments received. If e-mail is not an acceptable means of communication you should notify us in writing.

Data Protection Act 1998

We may obtain, use, process and disclose personal data about you in order that we may discharge the services agreed under this engagement letter, and for other related purposes including updating and enhancing client records, analysis for management purposes and statutory returns, crime prevention and legal and regulatory compliance. You have a right of access, under data protection legislation, to the personal data that we hold about you. For the purposes of the Data Protection Act 1998, the Data Controller in relation to personal data supplied about you is Jason Higgins.

The Electronic Commerce (EC Directive) Regulations 2002

The client must satisfy all elements of the directive and ensure that they have been met on all applicable web communications. The client accepts full responsibility for material and communications presented to end users via the Internet.

Legal agreement

These terms of business shall be governed by, and construed in accordance with, English law and shall remain in effect until varied by notice in writing or on the website shown below. The Courts of England shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the terms of engagement and any matter arising from it. Each party irrevocably waives any right it may have to object to an action being brought in those Courts, to claim that the action has been brought in an inconvenient forum, or to claim that those Courts do not have jurisdiction.

Security

Whilst every possible care is taken to provide suitable security levels on any information provided directly or indirectly to and from any combination of Harmony Internet Limited, Customer and the general public, Harmony Internet Limited do not accept any liability for breaches of security however they may arise. All clients are advised to check security issues on all levels to satisfy their requirements before solutions are put into commercial use

Engagement or employment of Harmony Internet Limited Staff

The Client shall be liable to pay an Introduction Fee of 25% of the employees basic salary and estimated annual bonus, in any of the following circumstances:

  • the Harmony employee is engaged by or becomes an employee, in any capacity, of the Client, whether directly or as a consequence of being supplied by another employment business;
  • the Harmony employee is engaged by or becomes an employee, in any capacity, of a person, firm or company to which the Client has introduced the Temporary Worker or to which the Client is otherwise connected to or has a business relationship with; or
  • the Harmony employee is engaged by or becomes an employee of the Client as a result of the employees responding to any internal or external advertisement published by or on behalf of the Client.

This condition is applicable for 6 months from the end of any period of employment of Harmony staff or within 6 months of the completion of any project undertaken by Harmony Internet Limited on behalf of the client or any associated company.

Project Additions

All works requested before or during the project development but not detailed in the original agreement is considered to be an extension of the project. Requests will be undertaken by Harmony employees and, where applicable, advice provided on timescales and likely addition costs. Where developments are deemed to be significant (more than 10% of the total development), client authorisation will be sought before any development is carried out. Where the items requested are of lesser significance, the work will be carried out to your instruction and the hours added to the overall project cost.

Changes

It should be noted that any changes to these terms will be posted to our website www.harmony.co.uk/terms and any engagement shall be governed by the terms current at the date of engagement and so posted. You are advised to ensure that you are aware of our current terms before instructing us.