Terms of Business

By placing an order for a product or service from With People Community Interest Company the involved parties are considered to have agreed to the terms stated below:

Hours of Business

With People Community Interest Company’s hours of business are 10.00 am to 16:00 pm, Monday to Friday.

Contacting With People Community Interest Company

To deal more effectively with your queries, we ask that you put any questions to us in writing by email. For general enquiries, email info@withpeople.co.uk.

You can also write to us at With People CIC, Suite 8, Portland Business Centre, 81-85 Portland Street, Edinburgh, EH6 4AY.

You can telephone us on 0131 5100 204, when calling please be aware that it may take time for us to answer and not all members of our team use the telephone.

If you are contacting us about support for a service you can get more information or place a support question via our website.

Registered in Scotland,Company No. SC 312604

VAT Registration No. 922 274928

Provision of materials and acceptance of drafts and proofs

When commission design works, whatever format, you agree to provide us with the specific copy, images and information we need to create your product, develop your service, or deliver services to you. If you cannot provide materials directly you can advise us where we can find such materials. We accept no responsibility for your website not being put live, product being completed, or service being supplied to you by a specific date if we cannot secure the necessary suitable information or materials from you.

If you cannot supply the information you wish to feature in your product or service, we will do what we can to get it, but we accept no responsibility for errors, omissions or discrepancies which may be present on the final product, as these may arise through our lack of specialist knowledge about the content of your product. The time taken to compile the content, as well as any time needed to correct errors, omissions or discrepancies which have arisen through you not providing us with enough materials, will be charged to you at our standard rate.

We accept no responsibility for the delay caused in providing you with the final product or service because of your supplying us with inadequate or unsuitable materials. Where you supply or specify materials, we will take every care to secure the best results in the finished product or service but we accept no responsibility for imperfect work caused by defects in or unsuitability of materials so supplied or specified.

The original price we agree is subject to one set of amendments being requested by you to the product or service proof which we present to you. Any later amendments will be charged for at the prevailing hourly rate.

Where you are provided with a proof/draft of your proposed work or service we ask you to sign the proof/draft or supply written confirmation of acceptance of the proof. Acceptance of the proof/draft is taken as agreement that you agree to the design and contents of the printed document, or website, as depicted on the proof. Once a proof/draft has been accepted and agreed you absolve With People Community Interest Company of all liability for any errors, omissions or discrepancies which may be present on the proof/draft. Once a proof/draft has been accepted you cannot make any changes to the final product or service, nor are you able to hold With People Community Interest Company responsible for anything you are unhappy with.

If the proof/draft has been agreed and you then wish to make changes we will do everything we can to make the correction before printing, production, or delivery begins but we cannot guarantee this. We accept no responsibility, under any circumstances, for any mistakes present on the completed work, or in the completed service, as the agreement to a proof/draft absolves us of all liability. Any changes made after a proof/draft is agreed may result in further charges for the extra post proof/draft work.

We will make every effort to obtain the best possible colour reproduction on your work but because of the nature of the processes involved, With People Community Interest Company cannot guarantee an exact match in colour or texture between any materials with which you supply us and the printed or published article.

Website, email and internet services

Websites hosted by With People Community Interest Company are delivered on a plan basis. Clients who wish to introduce new material in the form of extra pages, added functions, or more information than is already available within their website plan will be charged for the additional services or upgraded to the next available plan.

Websites are provided as a managed service. No clients or third parties will be granted FTP (File Transfer Protocol) access to our servers, our associates, or any of our affiliates. Cancellation of any website will result in withdrawing the hosting package after 48 hours. All hosting packages are non-refundable. Website hosting is operated 24/7 and while the service aims for 100% uptime there may be short downtime intervals for maintenance purposes or for other reasons outwith our control. Website hosting plans will be renewed automatically. Clients must cancel their renewal in writing giving thirty days’ notice of cancellation.

With People Community Interest Company do not backup clients’ email or website services. Clients who wish to keep back-ups of their email, Conttato, or website services, need to make their own arrangements. With People Community Interest Company do not support email protocols other than POP3, SMTP and Microsoft Exchange.

The Conttato email marketing suite allows the sending of email campaigns. We do not support sending email campaigns from our other email services. With People Community Interest Company take no responsibility for any loss of business through non-retrieval of emails, bounced messages or undelivered electronic mail. With People Community Interest Company take no responsibility for the content of emails including attachments and viruses.

With People Community Interest Company do not backup clients’ email or website services. Clients who wish to keep back-ups of their email, Conttato or website services need to make their own arrangements. With People Community Interest Company reserve the right to record email and website traffic for performance, security and legal compliance. If it is considered, in the opinion of With People Community Interest Company, that an email account or website account has been compromised, used for illegal, for spam, or inappropriate purposes the account will be closed and any fees paid held.

The website Content Management Systems, and our Conttato eMail Marketing Suite, as provided to the client remain the intellectual property of With People Community Interest Company and no access is given to the control panels, servers, source code, databases, or administrative services. Systems cannot be transferred away from our provided hosting solution. Should the client request that a domain name purchased by With People Community Interest Company on their behalf be transferred to another host, an administration fee may be charged.

The Community Website Initiative is provided at the discretion of With People CIC. All successful applicants will receive a package of website design and layout, domain name registration, an email account, and hosting. All written content and images are provided by the successful applicant. The site will be hosted by With People for a minimum of twelve months. Successful applicants will contribute toward the hosting and domain name fees which are currently £10 inc Vat per month.

Support

With People Community Interest Company limits technical support to its areas of expertise, the provision of hosting and email services. With People Community Interest Company does not offer support for third-party applications or those it has not supplied the client. Our services are designed and developed to work with the current common mainstream applications. Support questions will only be accepted, in the first instance, from our online Helpdesk

With People Community Interest Company Logo

With People Community Interest Company reserve the right to place a logo and a short line of text on the foot of websites we create or host. With People Community Interest Company reserve the right to place a logo and short line of text at the foot of all emails delivered using our email services and in all services provided by the Conttato email marketing service and tools.

Copyright

Unless negotiated and agreed in writing, the copyrights of general artwork, commissioned artwork, illustrations, website design, programming and copy belong to With People Community Interest Company. If you supply us with material, it is your responsibility to get all necessary copyrights for its use, and we assume that you hold these. In such cases, the copyright belongs to you. When providing material for use you agree to indemnify With People Community Interest Company from any claim which arises regarding the use of material with which you supply us. We reserve the right to use any artwork or printing we produce to promoting our services unless you request otherwise in writing.

Payments, deposits, quotations, and non-payment

All quotes for work are valid for thirty days, after which time all proposed work will have to be re quoted. We take no responsibility for a re quoted price differing from an original quote. A deposit payment, however made, constitutes an agreement to these terms and conditions, and will be accepted by With People Community Interest Company in lieu of your written agreement. Customers may be asked to pay a deposit of 50% of the final bill on ordering and to pay the outstanding balance on delivery of the completed work or service. All deposit payments are non-refundable. If an invoice remains unpaid for more than fourteen days after its due date With People Community Interest Company reserves the right to suspend any services or works in progress.

Illegal Matter

With People Community Interest Company reserves the right not to print, publish, or host any matter deemed illegal, libellous or offensive, or which may be an infringement of the proprietary or other rights of any third-party. This agreement indemnifies us in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material printed or published for or by the customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.

Consequential loss, financial loss, liability, and force majeure

With People Community Interest Company accept no liability whatsoever for consequential or third-party losses, resulting in a delay or failure in delivery howsoever caused. With People Community Interest Company accept no liability whatsoever for financial loss or loss of earnings arising from products or services provided by With People Community Interest Company. With People Community Interest Company accept no responsibility if we cannot carry out any provision of the service or product delivery for any reason beyond our control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency you may, by written notice to ourselves, elect to terminate the product or service order and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available. With People Community Interest Company shall not be liable for any loss to the customer arising from delay in transit or provision of products or services caused by circumstances beyond With People Community Interest Company’s control.

VAT

VAT is charged at the current Customs & Excise rates and according to current laws, irrespective of whether it is included in a price quotation.

Jobs put on hold or cancelled

Jobs put on hold or cancelled by the client during production or development will be invoiced at our full hourly rate based on the number of hours worked and our outlay on materials. This applies irrespective of any package agreements which have been signed, as package discounts only apply if a job is brought to completion. The invoice we issue must be paid in full together with any VAT that falls due accordingly.

Credit Terms

For invoices not settled within the agreed credit terms, we reserve the right to charge interest on the overdue debt and an administration fee to cover the debt recovery costs.

Insolvency

Any customer ceasing to pay their debts in the ordinary course of business or proving unable to pay their debts as they become due or, being, a company, is deemed to be unable to pay its debts, or has a winding-up petition issued against it or, being a person, commits an act of bankruptcy or has a bankruptcy petition issued against it, With People Community Interest Company, without prejudice to other remedies, shall (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to it, and (ii) in respect of all unpaid debts due from the customer, have a general lien on all goods and property in its possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as we think fit and to apply the proceeds towards such debts.

Data Protection

With People Community Interest Company agrees keep the confidential information of its clients confidential, including all administration areas of websites and details of referrers and those who are referred. All such data recorded by a website will be secure, and all information will be treated as confidential in accordance with current Data Protection legislation.

May 2011