modalités et conditions

created is part of Eclectik Design Limited.
Suitability
eclectik design will not design or host websites that are considered in our opinion to be of an "adult" nature.

Copyrights and Trademarks
The Client unconditionally guarantees that any text, graphics, photos, designs, trademarks, or other artwork supplied to eclectik design or their representatives for inclusion in a Web Design Project are owned by the Client, or that the Client has obtained express permission from the rightful owner to use any of these inclusions, and will hold harmless, protect, indemnify and defend eclectik design and its subcontractors from any liability (including legal fees and court costs), including any claim or suit, threatened or actual, arising from the use of such inclusions provided by the Client.

Domain Name Registration and renewal
We make no guarantees that the domain name(s) you wish to register are available and capable of being registered for you or that it/they will be registered in your name. You should not assume registration of your chosen domain name until you have written notification of registration.

The registration and use of domain names is subject to the terms and conditions of the issuing authority. These terms and conditions can be viewed on the relevant authority website.

eclectik design shall be entitled to withhold the release of any domain name to another provider or "tag holder" unless full payment of all amounts due at that time have been received by us and a transfer fee payable at the current amount has been paid.

Completion Date
An agreeable date for website completion or as a time scale in weeks will be set and agreed to by both the Client and eclectik design. eclectik design and the Client agree to work together to complete the project in a timely manner. Where updates are concerned the client has 30 days from first viewing of the updated content to approve the content after this period it is unconditionally considered as approved and payment will be due.

Upon Completion
The final build will be published to a server of the Client's choice (subject to server suitability) OR eclectik design own hosting service OR provided via 1 Compact Disc. This will only be carried out upon receipt of a signed satisfaction document being returned to eclectik design. This document will be signed by both parties as confirmation of satisfaction with and the project and to define the project as completed. Alterations to the project after this document has been signed will carry charges at current maintenance rates.

Electronic Commerce Laws
It is agreed that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend eclectik design and its representatives from any claim, suit, tax, fine, penalty, or tariff arising from the Client's use of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.

Payments
Payments must be made promptly based on the terms of business of eclectik design. These are and not limited to:

a) A 50% deposit will be paid before any work commences.

b) Full payment due within 15 days of invoice date. Failure to pay on time may render the client liable to a charge of interest payable from day to day on overdue amounts at a rate of 2% above base rate

c) Any domain names registered by eclectik design shall remain the property of eclectik design until final payment has been made.

d) eclectik design reserves the right to remove any Web Site from viewing on the Internet until final payment is made. In case collection proves necessary, the Client agrees to pay all fees (including all solicitors fees and court costs) incurred by that process. Subject to 24hrs notification by e-mail or fax, non-payment notices may, at the discretion of eclectik design, be displayed at the URL of the removed website after the due payment date exceeds 30 days. We will appoint Debt Recovery Specialists to recover all overdue payments.

e) All payments are provided on an ongoing basis and are due in advance of service. Cancellation may be given in writing 1 month in advance of termination. No refund will be given. Webhosting is deemed to commence from the date of e-mail services being initiated.

Termination
eclectik design reserves the right to immediately and permanently remove hosted web pages and contents therein if it has reason to believe such pages infringe copyright or intellectual property laws. No reimbursement for such action will be given.

eclectik design reserves the right to immediately and permanently remove hosted web pages and contents therein, and to terminate any other service provided, in the event that the client is in arrears with payments.

eclectik design reserves the right to give 1 months notice not to renew any contract for ongoing services. No reason need be given for this action.

Legal Notice
Notwithstanding anything to the contrary contained in these terms and conditions, neither eclectik design nor any of its representatives, associates or agents, warrant that the operation will be uninterrupted or error-free. The entire risk as to the quality and performance of the Website is with the Client. In no event will eclectik design be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any loss of profits, lost savings, loss of data, virus infections or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate the website or e-mail facility, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your own or your site visitor's computer or internet software, even if eclectik design has been advised of the possibility of such damages.

Indemnity
You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement;

Limitation of liability
We are not responsible for any use you make of our services. In addition you agree to indemnify us against any of the effects of your use or misuse of our services, or claims resulting from that use or misuse.

In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever;

We shall take reasonable measures to endeavour to maintain our services, but you will not be eligible for any compensation because of any loss or unavailability of any service we provide. We reserve the right to change any service at any time.

You are responsible for any material stored on our servers. We shall not be held responsible for any loss, however caused, of this material.

Privacy Policy

By accessing or using the Eclectik Design Limited Web site, you agree to the terms of the Eclectik Design Limited Online Privacy Policy, as outlined below and in particular to the use and transfer of your information under the terms of this policy. If you do not agree to these terms, please do not access or use this site. Eclectik Design Limited reserves the right to change the Online Privacy Policy from time to time at its sole discretion. Your use of this site will be subject to the most current version of the Online Privacy Policy at the time of such use.

Collection of personal information When you engage in certain activities on this site, such as ordering or registering products, requesting information, or entering contests, Eclectik Design Limited may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, Eclectik Design Limited may ask that you provide us personal information, such as your first and last name, mailing address (including postal code), e-mail address, telephone numbers, and other personal identifying information.

When ordering products or services on the site, you may be asked to provide a credit card number. Depending upon the activity, some of the information that we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity. When you submit personal information to Eclectik Design Limited on this site, you understand and agree that this information may be transferred across national boundaries and may be stored and processed in any of the countries in which Eclectik Design Limited and its affiliates and subsidiaries maintain offices, including without limitation, the United Kingdom. You also acknowledge that in certain countries or with respect to certain activities, the collection, transferring, storage and processing of your information may be undertaken by trusted vendors of Eclectik Design Limited. We may also collect information about your usage of our website as well as information about you from messages you post to the website and e-mails or letters you send to us.

How your personal information is used Eclectik Design Limited collects your information in order to record and support your participation in the activities you select. If you order a product that is to be electronically downloaded, for example, the information is used to register your license and rights, if any, to technical support, upgrade discounts, or other benefits that may be made available to registered users.

The information that you provide is also used as part of our effort to keep you informed about product upgrades, special offers, and other products and services of Eclectik Design Limited and selected third parties. In advising you about such upgrades, special offers and other products and services we may contact you by post, telephone or fax, as well as by e-mail. If you change your mind about being contacted in future please let us know.

Your choices with respect to personal information and its disclosure Eclectik Design Limited recognizes and appreciates the importance of responsible use of information collected on this site. If you do not want the information you provide to Eclectik Design Limited to be used to inform you of other products, services and special offers available from Eclectik Design Limited, you must indicate this preference when you provide your personal information to Eclectik Design Limited. Eclectik Design Limited will honour your preference.

In addition, Eclectik Design Limited may selectively provide certain information to other companies or organizations that have products or services we think may interest you. In advising you about such products and services such third parties may contact you by post, telephone or fax, as well as by e-mail.

If you do not want to receive promotional materials regarding third party products or services, and you indicate this preference when you provide your personal information to Eclectik Design Limited, Eclectik Design Limited will honour your preference by not providing your information to such third parties. Eclectik Design Limited reserves the right to provide aggregate data to third parties for statistical analysis. Such data will not be linked to any particular individuals.

Finally, if our business enters into a joint venture or is sold to or merged with another business entity, your information may be disclosed to our new business partners or owners. We may, as part of our service to you, publish information about you on our website. You should be advised that such information could then be accessed by countries outside the United Kingdom and the European Economic Area. Countries outside the European Economic Area do not always have strong data protection laws.

Unless required to do so by law, we will not otherwise share, sell or distribute any of the information you provide to us without your consent.

Protection of your personal information and data retention The personal information that you provide in connection with registering yourself as a Eclectik Design Limited user or registering a Eclectik Design Limited product is classified as Registration Information. Registration Information is protected in several ways. Access by you to your Registration Information is available through a password and unique customer ID selected by you. This password is encrypted. We recommend that you do not divulge your password to anyone. In addition, your Registration Information resides on a secure server that only selected Eclectik Design Limited personnel and contractors have access to via password. Eclectik Design Limited encrypts your personal information and thereby prevents unauthorized parties from viewing such information when it is transmitted to Eclectik Design Limited.

Personal information that you provide that is not Registration Information also resides on a secure server and is only accessible via password. Since this information is not accessible from outside Eclectik Design Limited, you will not be asked to select a password in order to view or modify such information. Please note that any information you post to a public bulletin board or chat room, such as the Eclectik Design Limited guestbook, is available to all persons accessing that site. We will only retain your information for a reasonable period or as long as the law requires..

Use of cookies. When you visit Eclectik Design Limited website you can surf the site anonymously and access important information without revealing your identity. In order to improve our site, we use "cookies" to track your visit. A cookie is small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It functions as your identification card, recording your passwords, purchases, and preferences. It cannot be executed as code or deliver viruses. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it or you can set up your computer to reject cookies. (For some Web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will probably not be able to access those pages.) If you do not wish to accept cookies in the future please contact us by [e-mail/post/telephone].

While Eclectik Design Limited uses cookies to track your visit to Eclectik Design Limited and our Web servers automatically log the IP/Internet address of your computer, this information does not identify you personally and you remain anonymous unless you have otherwise provided Eclectik Design Limited with personal information. Companies who advertise upon the Eclectik Design Limited website may also use cookies which will be transferred to your browser. Eclectik Design Limited is not responsible for the content of external websites, cookies or their content.

Updating and accessing your personal information You have the right to access and correct your personal information and privacy preferences at any time. With respect to Registration Information, this may be accomplished by linking to your account at Edit Your Account, where you can view and make changes to your personal information. You may also access and correct your personal information and privacy preferences by writing to Eclectik Design Limited, The Glassworks, Mill Bay, Folkestone, Kent, CT20 1JS or calling Eclectik Design Limited on +44 (0)1303 249164

Please include your name, address, and/or e-mail address when you contact us. Although no specific form is required to notify Eclectik Design Limited of changes to your address or privacy preferences, you may download a Change of Address form. Personal information submitted through this site that is not Registration Information is not accessible online. To access and/or correct such information, you may write to Eclectik Design Limited In your correspondence, please indicate with as much detail as possible the location on this site where you provided your personal information..

Please note that we our entitled by law to charge a £10 fee to meet our costs in providing you with details of the information we hold about you. The charging of such fee will be at Eclectik Design Limited’s discretion.

Privacy related complaints If you believe that Eclectik Design Limited has not complied with this Online Privacy Policy with respect to your personal information, you may write to the Eclectik Design Limited Privacy Officer. Please address your letter to Eclectik Design Limited, The Glassworks, Mill Bay, Folkestone, Kent, CT20 1JS. In your letter, please describe in as much detail as possible the ways in which you believe that the Eclectik Design Limited Online Privacy Policy has not been complied with. Alternatively please call Eclectik Design Limited on +44 (0)1303 249164 and ask for Warren Sutton. We will investigate your complaint promptly. Please note that if you provide Eclectik Design Limited with inconsistent privacy preferences (for example, by indicating on one occasion that third parties may contact you with marketing offers and indicating on another occasion that they may not), Eclectik Design Limited cannot guarantee that your most recent privacy preference will be honoured. Also, please note that Eclectik Design Limited is not responsible for the content or privacy practices of non-Eclectik Design Limited Web sites to which Eclectik Design Limited or any other Eclectik Design Limited Web site may link to. Eclectik Design Limited will also cease to use any information that you provide to us upon your request.

Disclaimer While every effort is made to provide accurate information, Eclectik Design Limited specifically disclaims all express and implied warranties with respect to the information and materials provided herein, including any warranty of merchantability or fitness for a particular purpose or non-infringement of proprietary rights. Eclectik Design Limited shall have no liability for any direct, indirect, consequential or incidental damages arising out of or relating to use of the information and materials provided herein.