Disclaimer / Terms & Conditions
The following is the terms of the agreement between TGLS and the buyer/user
1. Introduction. The customer agrees to the terms and conditions
outlined in this Online Contract with respect to the goods, services and
information provided by or through the Site. This Contract constitutes
the entire and only agreement between the Company and the customer, and supersedes
any and all prior or contemporaneous agreements, representations, warranties,
and understandings with respect to the goods, services and information
provided by or through the Site, and the subject matter of this Contract.
The customer agrees to review this Contract prior to purchasing anything and
purchase of a good or service shall be deemed acceptance of this Contract.
2. Setup and Payment. The customer represents and warrants
(i) the credit card information supplied is true, correct and complete
(ii) charges incurred by the the customer will be honored by the Buyer's credit
card company and
(iii) The customer shall pay charges incurred by the customer at the amounts
in effect at the time incurred, including all applicable taxes. The customer
shall be responsible for all charges incurred through use of the customer's
password. The customer agrees to keep his or her password confidential
and to notify TGLS within 24 hours of any breach of this Contract or unauthorized
use of the password. TGLS does not protect the customer from unauthorized
use of the customer's password.
3. Copyright. The content, organization, gathering,
compilation, magnetic translation, digital conversion and other matters
related to the Site are protected under applicable copyrights, trademarks,
and other proprietary (including but not limited to intellectual property)
rights, and, the copying, redistribution, use or publication by a customer
of any such content or any part of the Site is prohibited unless stated.
4. Editing, Deleting, and Modification. TGLS reserves
the right in its sole discretion to edit or delete any information or
content appearing on the Site and to remove any goods and services for
sale. Upon notice published over the Service, TGLS may modify this
Contract, or prices, and may discontinue or revise any or all aspects
of the Site in its sole discretion and without prior notice. Modification
of this Contract will be deemed effective upon publication on the Site
with respect to transactions occurring after said date.
5. Right to Refuse. TGLS reserves the right in its
sole discretion to refuse service at any time. Sale of any goods or services
is subject to availability.
5.1. Service Charges. TGLS reserves the right to rightfully charge additional fees for services or support provided after completion with prior notice. Any or all work carried out by TGLS due to or for the customer is chargeable on an hourly bases. The customer is required to enquire or check the fees before assigning work.
5.2a Quotations. All quotations are an estimate unless stated. Quotations are given according to the requirements provided by the customer by email in written form. If the requirements are provided by phone or in a meeting then it will be sent back to the customer in written form. The customer must agree with the contents of the requirements and the quotation. Any tasks, features, additions, design aspects and contents or pages provided by the customer after the quotation will be chargeable at normal rates.
5.2b "Designed by". All work done by TGL Services will have a "Designed by" logo or statement in any format which will not exceed 5 words, size 10 font or 350 pixels width. This "Designed by" statement by default adds a £250 discount to your quote. Should the customer not require this, £250 should be added to any final quote by the customer. It will not be stated in the quotation document or email.
5.3 Deposits. TGLS strictly requires 50% deposit of the final quote to be paid before the commencement of any web design, database application, video, audio or software application design work. The 50% deposit is non-refundable after 24 hours.
6. Indemnification. The customer agrees to indemnify, defend
and hold TGLS and its affiliates, licensors and suppliers harmless
from any liability, loss, claim and expense, including reasonable attorney's
fees, related to a customer's violation of this Contract or use of the Site.
7. Non-Transferable. The customer's right to use the Service
is not transferable and is subject to any limits established by TGLS
or by the customer's credit card company.
8. Disclaimer. THE SERVICE, CONTENT, GOODS AND SERVICES
FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE,"
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT
NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY
OF TGLS, FOR ANY REASON, AND THE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR
ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER
FOR THE PARTICULAR ITEMS PURCHASED. TGLS AND ANY OF ITS AFFILIATES,
DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS
OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS
OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE
BARGAIN BETWEEN TGLS AND THE CUSTOMER. THIS SITE AND GOODS AND SERVICES WOULD
NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY
REGARDING LIMITATION OF LIABILITY.
9. Refund Policy. If a product purchased is defective
or not to the customer’s satisfaction, the customer can return the product in
its original condition within 21 days of receipt, to the local office location (Address on order invoice). In such event, TGLS
shall provide the customer a credit for other purchases from the Site (less shipping
and handling charges incurred). This Section 9 sets forth the customer’s
sole and exclusive right to refund.
10. Use of Information. TGLS reserves the right,
and the customer authorizes TGLS, to the use and assignment of all information
regarding the customer’s use of the Site and all information provided by
the customer, subject to applicable law. All information otherwise is strictly
preserved and is not forwarded to third parties.
11.1 Suspension. TGLS reserves the right to suspend or
terminate any site or service on payment delays, rejected payments, breach
of company terms or illegal activities, bias, racist, offensive or pornographic
content. The customer will have no rights to refunds or re-activation.
TGLS hold the rights to reconsideration of suspension or termination. Suspensions due to client misconduct will incur an activation fee of £20.00
11.2 Overuse. Web hosting accounts that host file distribution (including but not limited to audio, video and software) are limited to a maximum data transfer of 25 GB per month for file distribution.
11.3 High Process Usage. Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements.
11.4a Expired hosting accounts. Accounts which have expired are kept on our systems for an additional 50 days. Restoring the site during this redemption period will incur a fee of £20. This charge is applicable up to 50 days after expiry after which hosting accounts, settings, emails, mailing lists are removed.
11.4b Expired domains. Domains will be renewed automatically (hostings will not). This is simply due to the fact that customers have fully lost their domain names for failing to renew on time. All domain names that are not required anymore must be cancelled before expiry. Once a domain is renewed on the customer's behald, the customer would be liable to pay for his/her domain name.
11.5 Bandwidth overuse. Hosting accounts that exceed their allocated bandwidth will be reminded by email. Unlike other hosting companies, TGLS will not suspend the site for bandwidth overuse. However, after 2 warnings, hosting accounts can be disabled without warning unless the package is upgraded. Fees will not apply on suspended accounts for bandwidth overuse.
Agreement: The rightful owners and management reserves the rights to
amend, remove and apply regulations in this disclaimer as and when deemed
Last updated: 11 December 2010